RULES OF THE LAW OF WAR AT THE SHI A JURISTS THOUGHT AND COMPARISON WITH THE INTERNATIONAL HUMANITARIAN LAW IN THE CURRENT ERA

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QAEDAN ASGHAR; SHARIFI TARAZKOHI HOSSEIN; BAQERI SOMAYE

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2015 | Volume:47 | Issue:2 Page(s): 277-302

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Title

RULES OF THE LAW OF WAR AT THE SHI A JURISTS THOUGHT AND COMPARISON WITH THE INTERNATIONAL HUMANITARIAN LAW IN THE CURRENT ERA

Author(s)

QAEDAN ASGHAR | SHARIFI TARAZKOHI HOSSEIN | BAQERI SOMAYE | Issue Writer Certificate

Keywords

LAW OF WARQ2

HUMANITARIAN LAWQ1

SHIITE JURISPRUDENCE (FIQH)Q1

BAGHIQ2

DAR ALQ2

HARBQ1

DAR ALQ1

ISLAMQ1

Abstract

Many of the constraints and principles of warfare and HUMANITARIAN LAW in the current era are in ISLAMic religious law, including the Shia texts, but there are better and more humane. Shia scholars are discussed in this case, but not independently rather sporadically in jurisprudence jihad sections. However, it cannot be denied that in the Shia texts and heritage topics such as "al-Sayr" or "Islamic LAW OF WAR" have not been written independently. This is mainly because in the Shia community in the history of ISLAM Due to political conditions and lack of access to government, except on a few occasions, and due to social oppression, jihad sections have limited to the traditions of government orders such as legitimacy of jihad and war in the priod of absence, necessity and obligation of jihad in the priod of absence …, And Finally, limited to a brief mention in the margin to such legal issues as properties and booties of rebels (Ahl albaghi), treatment of civilian prisoners of war in DAR AL-Harb, prisoner’s condition, booties women and children ….,This study aims to review and brief search on the issue in Shia religious texts. In this regard, it was firstly clear that the Shia cultural heritage about principles of warfare, although sporadically, were full of human rules and behavioral restrictions on the wars. Secondly, an overview of treaties and provisions of HUMANITARIAN LAW and the LAW OF WAR at present show that provisions of the war in ISLAM and in the Shia thought in comparison with the laws and rules of HUMANITARIAN LAW and international treaties not only compatible but is based more on the moral and humanitarian considerations.

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APA: Copy

QAEDAN, ASGHAR, SHARIFI TARAZKOHI, HOSSEIN, & BAQERI, SOMAYE. (2015). RULES OF THE LAW OF WAR AT THE SHI A JURISTS THOUGHT AND COMPARISON WITH THE INTERNATIONAL HUMANITARIAN LAW IN THE CURRENT ERA. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 47(2), 277-302. SID. https://sid.ir/paper/198415/en

Vancouver: Copy

QAEDAN ASGHAR, SHARIFI TARAZKOHI HOSSEIN, BAQERI SOMAYE. RULES OF THE LAW OF WAR AT THE SHI A JURISTS THOUGHT AND COMPARISON WITH THE INTERNATIONAL HUMANITARIAN LAW IN THE CURRENT ERA. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2015;47(2):277-302. Available from: https://sid.ir/paper/198415/en

IEEE: Copy

ASGHAR QAEDAN, HOSSEIN SHARIFI TARAZKOHI, and SOMAYE BAQERI, “RULES OF THE LAW OF WAR AT THE SHI A JURISTS THOUGHT AND COMPARISON WITH THE INTERNATIONAL HUMANITARIAN LAW IN THE CURRENT ERA,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 47, no. 2, pp. 277–302, 2015, [Online]. Available: https://sid.ir/paper/198415/en

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