نقاط الصلة بين القانون الدولي الإنساني و الشريعة الإسلامية

Abstract EN

Rules of International Humanitarian Law - as conventional ones – are deemed binding and are associated with the best interest of the international community.

Islamic Law has played a pivotal role in reaffirming the norms and setting the rules of the so-called Law of War.

This can be manifested in the prohibition of children, women and aged men abuse during the battles of Prophet Muhammed (PBUH) and his companions: Islamic Law has observed religious and humanitarian considerations during fighting.

It could be argued that Islamic Law had a direct influence and impact on the setting of Law of War rules guaranteeing respect for the rights of civilians and the injured: this may be obvious in Hague and Geneva Conventions and their protocols which are considered key sources of International Humanitarian Law.

On this basis, reference could be made to the established legal fact that rules of International Humanitarian Law have become binding whether or not warring parties were signatories to Geneva or Hague Conventions.

The fact that Islamic Law had a leading role in the setting and development of International Humanitarian Law gives the lie to the link between Islam and terrorism.

Study summed up with the fact that Islamic Law observes humanitarian aspects during war which testifies to its respect for humanitarian values.