The Legal Status of Prisoners of War in Islamic Law PDF Download

Author: Khalid Muhammad Z. Al Zamil
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Allan Rosas
Publisher: Helsinki : Suomalainen tiedeakatemia
ISBN:
Category : Humanitarian law
Languages : en
Pages : 536

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Author: Md. Jahid Hossain Bhuiyan
Publisher: BRILL
ISBN: 9004375546
Category : Law
Languages : en
Pages : 350

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This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.

Author: A. Al-Dawoody
Publisher: Palgrave Macmillan
ISBN: 9781137540744
Category : Religion
Languages : en
Pages : 0

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Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.

Author:
Publisher: Cambridge University Press
ISBN: 1108981704
Category : Law
Languages : en
Pages : 3034

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The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.

Author: Muhammad Munir
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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This paper explores the rights of protection available to the prisoners of war under Islamic law. It analyzes the differences of opinion among the early fuqaha' regarding the POWs. The paper finds that the Qur'an mentions only two ways to terminate captivity, that is, mann (freedom gratis) and fida' (ransom) (Qur'an 47: 4) a verse that was not superseded; that ransom was taken by the Prophet only from the POWs of Badr whereas the general practice of the Prophet (peace be on him) and his caliphs was to set POWs free without any condition or ransom. Non-Muslim states used to ask for ransom for the release of Muslim or non-Muslim POWs. In addition, enslavement of POWs as well as their execution had never been the general practice in Islam. Slaying the POWs had been very rare in Islamic military history. Finally, the Prophet and his caliphs had exchanged POWs on some occasions. Majority of classical Muslim jurists seem to have generalized exceptional cases regarding the execution and enslavement of POWs. The question of treatment has been debated particularly with reference to the La'ihah for the Mujahidin, a document issued by the Taliban in Afghanistan in 2010. The paper argues that The Taliban have created new rules for terminating the captivity of POWs but have wrongly attributed them to Islamic law.

Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Category : Law
Languages : en
Pages : 477

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The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category : International law
Languages : en
Pages : 334

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Book Description
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

Author: Khaled Ramadan Bashir
Publisher: Edward Elgar Publishing
ISBN: 1788113861
Category : Law
Languages : en
Pages : 297

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Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Author: Nesrine Badawi
Publisher: BRILL
ISBN: 9004410627
Category : History
Languages : en
Pages : 281

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Book Description
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.