ضوابط تفعيل مبدأ الضرورة الحربية في النزاعات المسلحة بين الفقه الإسلامي والقانون الدولي الإنساني: دراسة مقارنة

Abstract EN

The military necessity occupies an important and sensitive position, whether in Islamic law or international humanitarian law, and it witnessed a great development during the past years, after the wars were suitable for revenge and inflicting the most pain and cruelty on the opponent and permitting the use of any means that could defeat the enemy, and even exterminate the largest possible number of worshipers.

The equipment has controls and limits, and the military necessity has become obligated to stop before the requirements of humanity and respect for the human being.

In Islamic jurisprudence, we find that necessities, no matter how compelled to them, find themselves in the face of "necessity appreciating its extent" and he has nothing but a, to obey and depend on its limits, war It became inevitable after it was desirable, as both Islamic law and international humanitarian law made the war more humane