Management of the dead from the Islamic law and international humanitarian law perspectives: Considerations for humanitarian forensics

2017 ◽  
Vol 99 (905) ◽  
pp. 759-784 ◽  
Author(s):  
Ahmed Al-Dawoody
Keyword(s):  
Natural Disasters ◽  
Islamic Law ◽  
Human Remains ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Opposite Sex ◽  
Dead Bodies ◽  
The Dead ◽  
Insight Into

AbstractThis article discusses a number of contemporary issues and challenges pertinent to the management of the dead in contemporary armed conflicts and other situations of violence and natural disasters under Islamic law and international humanitarian law. Among the issues and challenges faced by forensic specialists in Muslim contexts at present are collective burial, quick burial of dead bodies, exhumation of human remains, autopsy, burial at sea, and handling of the bodies by the opposite sex. The article concludes that both legal systems have developed rules which aim at the protection of the dignity and respect of dead bodies, and that they complement each other to achieve this protection in specific Muslim contexts. The main objectives of this article are twofold: firstly, to give an overview of the Islamic law position on these specific questions and challenges, in order to, secondly, provide some advice or insight into how forensic specialists can deal with them.

scholarly journals Destructive trends in contemporary armed conflicts and the overlooked aspect of intangible cultural heritage: A critical comparison of the protection of cultural heritage under IHL and the Islamic law of armed conflict

2021 ◽  
pp. 1-20
Author(s):  
Victoria Arnal
Keyword(s):  
Cultural Heritage ◽  
Islamic Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Intangible Cultural Heritage ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Legal Traditions ◽  
Law Of Armed Conflict ◽  
Rules And Principles

Abstract The destruction of cultural heritage in armed conflicts has gained increasing political momentum and visibility over the last two decades. Syria, Iraq and Mali, among others, have witnessed the intentional destruction of their cultural heritage by non-State armed groups (NSAGs) that have invoked Islamic law and principles to legitimize their actions. The response of the international community has predominantly focused on the material aspect, to the detriment of the significant impact on the associated intangible manifestation of cultural heritage in local communities. This article argues that several Islamic legal rules and principles may, more adequately than international humanitarian law, safeguard the intangible dimension of cultural heritage in certain contemporary armed conflicts in Muslim contexts. It aims to demonstrate the importance of drawing from multiple legal traditions in order to enhance the protection of intangible cultural heritage in armed conflicts and to strengthen engagement with the relevant NSAGs.

Exploring foundational convergence between the Islamic law of armed conflict and modern international humanitarian law: Evidence from al-Shaybani's Siyar al-Kabir

2021 ◽  
pp. 1-26
Author(s):  
Cenap Çakmak ◽  
Gökhan Güneysu
Keyword(s):  
Armed Conflict ◽  
Islamic Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict

Abstract This paper compares and contrasts the Islamic law of armed conflict with the modern international humanitarian law, with the view of identifying foundational similarities between these two separate canons, drawing extensively from al-Siyar al-Kabir. To this end, it raises the question as to whether the Islamic law of armed conflict is compatible with its modern counterpart, and, if it is, to what extent. To address these interlinked questions, the study departs from the premise that in order to identify resemblance, it is necessary to enquire into the foundations (both legal and philosophical) of the Islamic and contemporary approaches vis-à-vis armed conflicts.

scholarly journals The war dead and their gravesites

2009 ◽  
Vol 91 (874) ◽  
pp. 341-369 ◽  
Author(s):  
Anna Petrig
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Scope Of Application ◽  
The Dead ◽  
War Dead

AbstractInternational humanitarian law (IHL) contains various provisions pertaining to the dead in armed conflicts and their burial places. This article provides an overview of the various substantive obligations with regard to persons having lost their lives in armed conflicts and their gravesites. The temporal scope of application of these provisions – namely whether they apply in times of peace – will also be analysed. Finally, the reasons why IHL as in force today is applicable to questions concerning the dead and their gravesites will be considered.

Islamic law and international humanitarian law: An introduction to the main principles

2017 ◽  
Vol 99 (906) ◽  
pp. 995-1018 ◽  
Author(s):  
Ahmed Al-Dawoody
Keyword(s):  
Islamic Law ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of War

AbstractThis article gives an overview of the principles regulating the use of force under the Islamic law of war in the four Sunni schools of Islamic law. By way of introducing the topic, it briefly discusses the origins, sources and characteristics of the Islamic law of war. The discussion reveals the degree of compatibility between these Islamic principles and the modern principles of international humanitarian law, and offers insights into how these Islamic principles can help in limiting the devastation and suffering caused by contemporary armed conflicts in Muslim contexts, particularly those conflicts in which Islamic law is invoked as the source of reference.

scholarly journals Rights And Treatment Of Prisoners Of War Under Islamic International Humanitarian Law: A Legal Analysis

2019 ◽  
Vol 7 (10) ◽  
pp. 61-74
Author(s):  
Ibrahim Abdullahi
Keyword(s):  
Islamic Law ◽  
Prisoners Of War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Analysis ◽  
Legal Regime ◽  
Geneva Conventions ◽  
Rules And Principles ◽  
Area Of Concern

The central thrust of this paper is on the legal analysis of the rights and treatment of prisoners of war under Islamic International Humanitarian law. Islamic Law as a complete system of law has corresponding rules regulating the treatment of prisoners of war and imbibed therein is the elementary considerations of humanity. This paper makes use of the doctrinal methodology in making legal analysis of the Rights and Treatment of Prisoners of War under Islamic International Humanitarian and in so doing, making cross references with the International Humanitarian Laws of the Geneva Conventions. The paper concludes that the fundamental rules and principles relating to the rights of prisoners of war under Islamic Law show striking similarities with that of the Geneva Conventions. However, issues of maltreatment of persons detained in armed conflicts as well as lack of political will by belligerents to respect and prevent violation of International Humanitarian Law (IHL) are increasingly common area of concern to the extent that Islamic laws and norms relating to the rights and treatment of prisoners of war is a better alternative to conventional  International Humanitarian Laws and can be used as a model for improving the contemporary International Legal Regime

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

Targeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.

2021 ◽  
Vol 39 (- 2) ◽  
Author(s):  
Syed Raza Shah Gilani ◽  
Muhammad Haroon Khan ◽  
Muhammad Haseeb
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The World ◽  
Religious Site

War and atrocities are not new to this world, Islamic law and IHL both have addressed this subject and have described the principle of warfare such as that the belligerents must minimize incidental harm to civilians and civilian objects including religious site, and that this limits the means and methods that they can use. Islamic law which comprises of sharia and fiqh discusses this subject but it is not codified. Islamic law has not yet been acknowledged when it comes to IHL -even article 38 recognizes general principles of nation as a source. Islam is the second largest religion in the world which mirrors the modern framework of IHL and is complementary to that regime.

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