War and The protection of Civilians in The Islamic Regieme
Collage of Islamic Sciences Magazine,
2010, Volume 4, Issue 7, Pages 144-164
Man was the axis of the Divine message , thus , the Islamic law has tackled this issue in details befor being considered by human legislators . The Islamic law has distinguished between the warrior and the non – warrior . It also distinguished between those who are allowed to be fought and those who are not . The practical application of the Quranic texts on the part of the supreme Islamic leadership , represented by the prophet Muhammad ( P.B.U.H )and the guided Caliphs after him , is regarded as significant mark in the legitimate policy adopted by the Islamic political regiem .From here came the divisions of the International law to legislate
distinguishing between warriors and civilians on the one hand and identifying the warrior who has to be fought and the one who has the international legal warrior protection on the other hand . Accordingly , the research hypothesizes that Islamic law has fixed the rules of the humanitarian international law , and by distinguishing between warrior and civilians it has determined rules and condition , and it has presented processings for what happens before in, and after armed clashes . Thus , it contributed in establishing and founding the current international law , and this is what the research has concluded.
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