The foundations of international humanitarian law in Islamic tradition

Whyte, Shaheen 2014, The foundations of international humanitarian law in Islamic tradition, Journal of Islamic State Practices in International Law, vol. 10, no. 1, 2014, pp. 7-42.

Attached Files
Name Description MIMEType Size Downloads

Title The foundations of international humanitarian law in Islamic tradition
Author(s) Whyte, Shaheen
Journal name Journal of Islamic State Practices in International Law
Volume number 10
Issue number 1
Season 2014
Article ID 1
Start page 7
End page 42
Total pages 36
Publisher ElectronicPublications.org Ltd
Place of publication Manchester, Eng.
Publication date 2014-06-30
ISSN 1742-4941
Keyword(s) Islam
Islamic law
Muslims
International law
IHL
Summary Recent debates regarding Islam’s status in world politics has limited the opportunity for Muslims to speak about Islam’s ethical position on war and peace. Within this context, Islam has been labelled as a religion that is incapable of adhering to International norms of armed conflict, specifically those relating to International Humanitarian law (IHL). This paper will therefore seek to define and clarify the Muslim perspective on IHL through a study of Islamic jurisprudence and historical occurrences of war and peace in Islam. Within this scope, the paper aims to critically examine how early Islamic jurisprudence guided state practices of Muslim empires and military commanders under the traditional corpus of Islamic International law (al-siyar). It will contrast these methods and practices with recent commentary aimed at underselling Islam’s position on the development of IHL and its key apparatus, the Geneva Conventions.1 By doing so, the paper will explain some of the widely held misconceptions associated with Islamic approaches to armed conflict, namely, the perceived absence of a legal tradition vis-à-vis Western European notions of just war theory.
Language eng
Field of Research 180199 Law not elsewhere classified
1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©Contributors to JISPIL are requested to provide formal written Consent to Publish and Transfer of Copyright before publication of the Work. The signed Consent ensures that JISPIL has the Author's permission to publish the relevant Contribution. The signed Transfer entitles JISPIL on behalf of the Author to protect the Contribution against unauthorised use and to authorise dissemination by means of offprints, legitimate photocopies, microfilm editions, reprints, translations, and secondary information sources such as abstracting and indexing services including databases.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30106603

Document type: Journal Article
Collections: Faculty of Arts and Education
School of Humanities and Social Sciences
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 0 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 25 Abstract Views, 3 File Downloads  -  Detailed Statistics
Created: Fri, 02 Mar 2018, 10:27:39 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.