الرقابة على تطبيق القانون الدولي الإنساني من منظور الفقه الإسلامي

Abstract EN

We aim through this research paper to show the extent of the interest of Islamic sharia in developing a set of principles and rules that aim to take into account the humanitarian aspects during the emergence of armed conflicts, whether it comes to treating members of enemy armies and organizing means and methods of combat, or with regard to dealing with civilians and civilian objects.

this requires the necessity of activating the supervisory factor in the application of these humanitarian rules and principles.

by referring to the texts included in Islamic jurisprudence, whether they are Qur’anic verses, prophetic hadiths or jurisprudential Fatwas, we find that they contain a large number of rules that fall under multiple names such as jurisprudence of war or jurisprudence of jihad, aiming to establish a general framework governing armed conflicts, both internal and external, which occupies the aspect human rights account for a large part of it, and this is evident in the presence of a number of jurisprudential texts and Fatwas that include a set of human values that must be observed in war, in addition to establishing supervisory guarantees to ensure respect for their application.