جنگ اور تشدد کی صورت حال میں شہری آبادی کا تحفظ، اسلام اور بین الاقوامی قانون انسانیت کی روشنی میں
Abstract
This article investigates the protection of civilians during armed conflict and other violent situations. It conducts a comparative analysis of two legal frameworks: Islamic law and International Humanitarian Law (IHL). Both systems, the article argues, share a core principle: the distinction between fighters and non-fighters.
It explores how Islamic law, drawing from the Quran and prophetic traditions, emphasizes just warfare ethics. This includes limitations on the use of force, prohibition of targeting civilians and civilian property, and the guarantee of fair treatment for prisoners of war. The analysis examines how these principles translate into practical rules, such as restrictions on weaponry and the obligation to minimize civilian casualties.
* PhD Scholar, Department of Qur’anic Studies, IUB.
** Department of Religion and Art, University of Regions and Denomination, Qom, Iran
The article explores how IHL, codified in treaties like the Geneva Conventions, establishes a comprehensive framework for civilian protection during armed conflict. The article also examines specific IHL protections for vulnerable groups like children, medical personnel, and civilians caught in the crossfire. By comparing Islamic law and IHL, the article highlights both convergences and divergences in their approaches to civilian protection. It explores areas of potential cooperation, where Islamic legal interpretations can reinforce IHL principles. Conversely, the article examines areas where interpretations of Islamic law might differ from IHL norms.
In conclusion, the article emphasizes the significance of both Islamic law and IHL in safeguarding civilians during war and violence. It underscores the need for continued dialogue and collaboration between these legal systems to ensure the most robust protection possible for innocent populations caught in the throes of conflict.
