إسهامات فقهاء الشريعة في إرساء قواعد القانون الدولي الإنساني

Abstract EN

Companions, may God be pleased with them all, cared about the application of the provisions of Islamic Sharia in matters of war and metaphor, so the hadith and jurisprudence books abounded with the sayings and effects of the companions that could be the mainstay of building and stifling the rules of international humanitarian and Islamic law, and this is what we see also in the writings of the later jurists such as Abu Yusuf, al-Mawardi, al-Awza'i and al-Layth Ibn Saad, Abu Thor, Al-Thawri, Bin Al-Hassan Al-Shaibani and others.

From what was discussed, it is clear that Islamic international humanitarian law is derived from a stand-alone law that is not derived from others, and that Islamic law takes precedence in organizing matters of war and its rules contrary to the rules of positive international humanitarian law whose rules did not crystallize until recently.

Also, this law is flexible and compatible It is applicable at any time and place, in addition to that it is a law binding on the commander and the soldier alike and which entails both secular and other penalties.

Key words: biography, metaphor, international humanitarian law