دی اسکالر (Feb 2019)
URDU-INTERNATIONAL HUMANITARIAN LAW & ISLAM A COMPARATIV STUDY
Abstract
International Humanitarian Law is the part of International Law and is applicable only at the time of armed conflicts. It is known as the law of war or the law of armed conflicts as well. It is the collection of the laws which, on humanitarian grounds, limit not only the war effects but promise security to the civilians/non-combatants also. The aim of IHL is to minimize the human sufferings by disciplining the war activities. These laws were compiled in 1949 under Geneva Conventions whereas Islam had taught the same war values to its followers fourteen hundred years ago. The Muslim Jurisprudents compiled the rules of armed conflicts under the titles of “Al Jehād, Al Siyar, Al Maghāzī, Aḥkām o Ahle Dhimma, Al Khirāj and Al Siyasat Al Shariʿh”, though the term of International Humanitarian Law was never used by them. They were truly the first in introducing the concept and application of IHL during war times. The most prominent jurisprudent was Muhammad Bin Hassan Al Shaibāni who wrote Al Siyar al Ṣaghīr and Al Siyar al Kabīr in war values. This brief article compares IHL with Islamic war values envisioned centuries ago.
