The aim of the book has been to make an in-depth study of the Islamic law and the international humanitarian law in a comparative framework with reference to the subject under consideration.
The dissertation is divided into six chapters. The aim has been to make an in-depth study of the Islamic law and the international humanitarian law in a comparative framework with reference to the subject under consideration. The whole is rounded up by a brief summary and an overall conclusion. Islam has increasingly come into focus as a major force on the international scene, and the identification of its basic position in the important area of humanitarianism in armed conflict is obviously of fundamental importance for public international law. It should be noted that although the term “individual” in the title of this dissertation may conceptually cover both combatants and non-combatants, it is the latter on whom attention is focused in our study. In both parts-i.e., that relating to international law and the other concerned with Islamic law-not only the existing laws and principles, but also those whose lack is presently felt have been discussed. In Islamic law, attention has been drawn to those rules that do not actually exist among the so-called “primary principles” but may be derived from these as “secondary rules” in accordance with the basic logic of Islamic jurisprudence. Our sources in the international part have mainly been the basic international texts such as laws, conventions, treaties; in the Islamic part we have principally drawn on the Holy Quran as well as the tradition and works of universally recognized Islamic authorities, especially with regard to enemy territory, Muslim territory, safe conduct and persons entitled to seek safe conduct. It may be worth mentioning that besides a scholarly inquiry into the subject under consideration, the implicit aim and interest have really been human. A deep, widespread social phenomenon such as war may not be completely eradicable; but that is no reason not to hope that new rules and regulations can control it better and prevent its spread to non-combatants ans keep the belligerents from breaking the accepted international norms and principles and making use of prohibited weapons and engaging in forbidden practices. All this requires new ideals to be put forward and framed in the form of more effective rules on the subject of treatment of individuals in times of war.
About the Author
Ayatollah Dr. Seyyed Mostafa Mohaghegh Damad (also known as Mohaghegh Ahmadabad) is Professor of Jurisprudence and Law at Shahid Beheshti University, Dean of the Department of Islamic Studies at the Academy of Sciences of Iran, Professor of Islamic Law and Philosophy at Tehran University, and a fellow at the Iranian Academy of Sciences.
Title: Protection of Individuals in Times of Armed Conflict Under International and Islamic Law
Publisher: Global Scholarly Publication
Pub. Date: 2005/08/23