Common Legislation in Islamic Countries on Humanitarian Law

Abstract

There are many potentials in Islamic countries legal systems to pace toward legal integration. One of them is common resources of law which can be used to have “Common Legislation”. Common Legislation can take place in forms of inter-governmental (treaties) or internal (approved acts by parliaments). The main question here, is that whether the Muslim States can take common legislative measures on humanitarian law? Various Islamic schools (Mazaheb) have communal resources, regulations and verdicts in the realm of humanitarian law which can be used to have a common legislation. In result, this article is to analyze the common legislation of Islamic countries on humanitarian law: necessity, possibility, barriers and normative challenges facing in this regard. According to this article, Common legislation in the Islamic countries and Muslim world, yields many benefits specially to frustrate Islam phobia. According to this article, common legislation in Muslim World on humanitarian law would be necessity any also available because of many possibilities such as common history, culture, resources and removability of barriers or reducing their influence.

Keywords

• humanitarian law
• common legislation
• islamic umma
• legal integration
• war law