THE CONDUCT OF WARFARE IN ISLAMIC LAW AND INTERNATIONAL LAW: A COMPARATIVE STUDY

Authors

  • Sami Ur Rahman Department of Law, The University of Faisalabad Pakistan
  • Syed Sikandar Shah Mohmand National University of Sciences and Technology, Islamabad Pakistan
  • Uneeza Sibtain National University of Sciences and Technology, Islamabad Pakistan

DOI:

https://doi.org/10.52567/pjsr.v4i03.774

Abstract

Warfare is just as bad as could be considered, but despite this fact, wars have been fought and shall continue in the future as well. War is an intense armed conflict between states and paramilitary groups characterized by the presence of violence, aggression, and destruction of life and property using military tactics. Even in such circumstances, the Islamic law as well as international law has described some fundamental rules, which shall be followed by the warring parties. This portion of law is known as the jus in bello, while the portion of the legal rules talking about the legitimacy of warfare is known as the jus ad bellum. The conduct of war is differently explained by Islamic law and the International Humanitarian Law. International Humanitarian Law can be defined as the body of laws governing the conduct of states during an armed conflict. The guiding principles of IHL arise from the need of placing limits on the conduct of warfare to diminish its damages. Whereas the Islamic law of war has been derived by the Muslim Jurists through the primary sources, the Holy Qur’an and Prophet Muhammad saw Sunnah. Secondary sources include early Islamic precedents, consensus between the jurists (Ijma), jurists’ rulings through analogy, and public interest (Al-Dawoody, 2017).

Keywords: Conduct of Warfare, Jus in Bello, Jus ad Bellum, Islamic Law, International Law

Author Biographies

  • Sami Ur Rahman, Department of Law, The University of Faisalabad Pakistan

    Associate Professor/Head

  • Syed Sikandar Shah Mohmand, National University of Sciences and Technology, Islamabad Pakistan

    Assistant Professor of Law

  • Uneeza Sibtain, National University of Sciences and Technology, Islamabad Pakistan

    Student of BS in Public Administration

     

Additional Files

Published

2022-09-30

Issue

Vol. 4 No. 03 (2022): Pakistan Journal of Social Research PJSR

Section

Research Article

License

Copyright (c) 2022 Sami Ur Rahman, Syed Sikandar Shah Mohmand, Uneeza Sibtain

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

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How to Cite

[1]
“THE CONDUCT OF WARFARE IN ISLAMIC LAW AND INTERNATIONAL LAW: A COMPARATIVE STUDY”, Pak. J, Soc. Sci., vol. 4, no. 03, pp. 815–820, Sep. 2022, doi: 10.52567/pjsr.v4i03.774.