Article

The possibility of conciliation between international humanitarian law and Islamic law of war : a myth or reality ?

Faiz Bakhsh, Samza Fatima [and] Muhammad Bilal

• Pakistan journal of Islamic research, Vol. 20, no. 2, December 2019, p. 53-62

English

Source : http://pjir.bzu.edu.pk/journal-papers.php?journalid=50 (last accessed on 29.06.2020)

The authenticity of both international humanitarian law and the Islamic law of war has remained a topic of discussion among Western and Muslim scholars. The Western narrative has been criticizing Islamic law of war as of brutal and unhuman character that does not complement with international humanitarian law, while Muslim scholars have named international humanitarian law as western humanitarian law that does not consider various cultural and religious contexts. In the age of globalization, it is needed to reach conciliation between both the systems to save humanity suffering from the effects of conflicts. This study investigates compatibility between international humanitarian law and Islamic law of war as to assess the possibility of conciliation between both the systems. The authors look to explore the doctrinal as well as theoretical aspects of the possibility of conciliation by looking at differences and similarities in the nature, scope and prominent rules of both systems.

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