حماية الأطفال أثناء النزاعات المسلحة : دراسة مقارنة بين الفقه الإسلامي، و القانون الدولي الإنساني

Author

التومي، علي مخزوم محمد

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

54

Main Subjects

Law
Islamic Studies

Topics

• Islamic jurisprudence
• International humanitarian law
• Child welfare
• Children
• Armed conflicts
• ًWar
• Protection

English Abstract

The protection of children during armed conflicts, Comparison : study between Islamic Jurisprudence and International Humanitarian Law Research problematic : • What is the legal system produced by international organizations and humanitarian associations for he protection of children and the reference assets in Islamic jurisprudence ? • What is this provided a legal system for real protection for children during armed conflicts ? • What is the commitment to the conflicting parties to implement the rules of international humanitarian law and principles of assessments for the protection of children during armed conflicts ? Recommendations : • Availability of Islamic Sharia for children of effective and appropriate protection from the dangers of armed conflict, Regardless of all genders and ethnicities, because they are dealing with a child that it is not the people of commissioning, and accordingly may not be involved in the fighting or recruit him or kill him, but if a fighter, and took it the rules of international humanitarian law.

Hence it is clear to us that the rules of international humanitarian law established for the protection of children, victims of armed conflict, find basically in rules of Islamic jurisprudence, and thus be a Muslim fighter commitment by those rules is not only a legal obligation but also legitimate to relate his Islamic Sharia.

• International humanitarian law is full of rules which call for children welfare, inadmissibility of assault during armed conflict, but lacks significantly to effective mechanisms which ensure respect for those rules to conflicting parties in case of any violation, and the Islamic law has established rules to protect children during armed conflicts and inflicted a deterrent sanction is applied to violator of disputing parties, depending on the nature of each conflict the Islamic Sharia preceded it for more than fourteen decades centuries, it has been keen to protect children during the war and established rules to ensure such protection.

Data Type

Conference Papers

Record ID

BIM-774231

• APA
• MLA
• AMA