COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR
In contemporary times, wars are not taking place in a legal vacuum. There are laws available on resorting to force and conduct of hostilities, including Islamic Laws of war and International Humanitarian Law (IHL). These legal regimes trace their origins in the teaching of elders that have further...
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| Format: | Article |
| Language: | English |
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National Defence University, Islamabad
2021-06-01
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| Series: | Margalla Papers |
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| Online Access: | https://margallapapers.ndu.edu.pk/site/article/view/56 |
| _version_ | 1797736499205111808 |
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| author | Syed Mahmood Akhter Hussain Gardezi |
| author_facet | Syed Mahmood Akhter Hussain Gardezi |
| author_sort | Syed Mahmood Akhter Hussain Gardezi |
| collection | DOAJ |
| description |
In contemporary times, wars are not taking place in a legal vacuum. There are laws available on resorting to force and conduct of hostilities, including Islamic Laws of war and International Humanitarian Law (IHL). These legal regimes trace their origins in the teaching of elders that have further translated into rules and principles to limit the destructive nature of an armed conflict. Both systems are primarily concerned about regulating the behaviour of belligerents to avoid and at least minimize the sufferings of combatants and non-combatants in the theatre of war. This paper explores Islamic values and rules on the conduct of hostilities and compares them with similar provisions of IHL by using a comparative analysis approach. The objective of this study is not to judge Islamic Laws of war in contrast to IHL or vice versa but addresses the points of convergence. It analyses whether there is any significant difference between these two legal systems in observing principles and ethics of warfare, and provides a way out for humanization.
Bibliography Entry
Gardezi, Syed Mahmood Akhter Hussain. 2021. "Comparative Study of Islamic Laws of War and IHL – Points of Convergence for Universal Consensus on Laws of War." Margalla Papers 25 (1): 115-130.
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| first_indexed | 2024-03-12T13:14:47Z |
| format | Article |
| id | doaj.art-a6f11605b4c9486c93d3b88dcc1365a0 |
| institution | Directory Open Access Journal |
| issn | 1999-2297 2789-7028 |
| language | English |
| last_indexed | 2024-03-12T13:14:47Z |
| publishDate | 2021-06-01 |
| publisher | National Defence University, Islamabad |
| record_format | Article |
| series | Margalla Papers |
| spelling | doaj.art-a6f11605b4c9486c93d3b88dcc1365a02023-08-27T09:55:35ZengNational Defence University, IslamabadMargalla Papers1999-22972789-70282021-06-0125110.54690/margallapapers.25.1.56COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR Syed Mahmood Akhter Hussain Gardezi In contemporary times, wars are not taking place in a legal vacuum. There are laws available on resorting to force and conduct of hostilities, including Islamic Laws of war and International Humanitarian Law (IHL). These legal regimes trace their origins in the teaching of elders that have further translated into rules and principles to limit the destructive nature of an armed conflict. Both systems are primarily concerned about regulating the behaviour of belligerents to avoid and at least minimize the sufferings of combatants and non-combatants in the theatre of war. This paper explores Islamic values and rules on the conduct of hostilities and compares them with similar provisions of IHL by using a comparative analysis approach. The objective of this study is not to judge Islamic Laws of war in contrast to IHL or vice versa but addresses the points of convergence. It analyses whether there is any significant difference between these two legal systems in observing principles and ethics of warfare, and provides a way out for humanization. Bibliography Entry Gardezi, Syed Mahmood Akhter Hussain. 2021. "Comparative Study of Islamic Laws of War and IHL – Points of Convergence for Universal Consensus on Laws of War." Margalla Papers 25 (1): 115-130. https://margallapapers.ndu.edu.pk/site/article/view/56Islamic Laws of WarIHLMilitary NecessityProportionalityWarfare |
| spellingShingle | Syed Mahmood Akhter Hussain Gardezi COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR Margalla Papers Islamic Laws of War IHL Military Necessity Proportionality Warfare |
| title | COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR |
| title_full | COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR |
| title_fullStr | COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR |
| title_full_unstemmed | COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR |
| title_short | COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR |
| title_sort | comparative study of islamic laws of war and ihl points of convergence for universal consensus on laws of war |
| topic | Islamic Laws of War IHL Military Necessity Proportionality Warfare |
| url | https://margallapapers.ndu.edu.pk/site/article/view/56 |
| work_keys_str_mv | AT syedmahmoodakhterhussaingardezi comparativestudyofislamiclawsofwarandihlpointsofconvergenceforuniversalconsensusonlawsofwar |