حقوق الأسرى و وسائل حمايتهم في الشريعة الإسلامية و القانون الدولي الإسلامي

Author

الشريف، إسلام علي

Source

القانون الدولي الإنساني في ضوء الشريعة الإسلامية : ضمانات التطبيق و التحديات المعاصرة يومي 13-14 أكتوبر 2015.

Publisher

الجامعة الإسلامية كلية الشريعة و القانون

Publication Date

2015-10-31

Country of Publication

Palestine (Gaza Strip)

No. of Pages

48

Main Subjects

Law
Islamic Studies

Topics

• Islamic jurisprudence
• Human rights
• International humanitarian law
• ًWar
• Prisoners of war

English Abstract

1- Rights of detainees are verbally stipulated in the Islamic Shariaa law, in the Holy Quran, in The Prophets Sunnah and in the consensus of Muslim Scholars.

2- Most international agreements, conventions and protocols stipulate the right of protecting the victims and civilians during armed conflicts.

This is in addition to some articles like the ones pertaining to the protecting and maintaining freedom and lives of civilians.

3- The International Humanitarian Law adopts protecting civilians and the victims of armed conflicts including detainees.

It made many agreements and conventions to protect the victims' rights.

THE most important of these conventions is the third Geneva Convention for treatment of Detainees.

4-The rights of detainees in the Islamic Shariaa and International Humanitarian Law are divided into : First : special rights : like maintaining life, social rights and cultural life.

It has many other sub articles.

Second : general rights: like their rights that are related to the Muslim community like prayers, rotection and solidarity.

And their rights that are related to the International humanitarian community which has to get them protected and free.

5- The International Humanitarian law encounters many challenges that prevent effecting the conventions and agreements like those related to administrative detention and abusive interrogation.

6- The Islamic Shariaa grantees the application of the rights of detainees during wars because of the Islamic principles like the principle of protection, preserving dignity, and marital necessity.

7- The International Humanitarian Law grantees the application of the rights of detainees during wars because of its principles such as 'crimes don't drop or cancel by prescription' and the necessity of crime Punishment.

Data Type

Conference Papers

Record ID

BIM-774211

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