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.

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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 Ltd
Place of publication Manchester, Eng.
Publication date 2014-06-30
ISSN 1742-4941
Keyword(s) Islam
Islamic law
International law
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
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Collections: Faculty of Arts and Education
School of Humanities and Social Sciences
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