Comparative Analysis of Islamic Military Law and Modern International Laws of War

Abstract

The control of war is one of the essential issues in human history because military conflicts can result in the devastation of the area and loss of human life. Religious and secular legal traditions have tried to set up ethical and legal standards of control over the actions of war and maintenance of human dignity. The paper provides a comparative study of the Islamic Military Law and the contemporary laws of war under the International Law, specifically the ethical basis, the law, and the application to the modern conflict situations. The Islamic military law, which is based mainly on the Quran, the Sunnah of the prophet Muhammad (ﷺ), and classical Islamic jurisprudence, contains a detailed set of instructions on the issue of righteousness of war, treatment of prisoners of war, non-combatant protection of women, children, the old, and religious leaders. The principles promote justice, moderation and mercy even in armed conflict. Conversely, contemporary international humanitarian law, which is represented by such instruments as the Geneva Conventions, the Hague Conventions and the resolutions of the United Nations, puts in place internationally accepted legal norms that govern armed conflicts. These theories are meant to reduce human suffering through control of warfare means, human safeguarding and humane treatment of prisoners and the wounded. This paper compares and contrasts these two systems with each other, showing that they are more similar in terms of their fundamental focus on the safeguarding of human life, prohibition of unjustified violence, and humility to the prisoners of war. Simultaneously, it examines their disparities in their philosophical origins: Islamic law is founded on the divine revelation and moral responsibility before God, whereas modern international law is mostly secular and founded on human rights protection frameworks and international agreement. Through the comparison between the two traditions, the article claims that the Islamic military law and the current international humanitarian law have numerous ethical goals and may be used to complement one another in ensuring responsible behaviour in an armed conflict. The paper concludes that more insight into such legal traditions can help not only peacemaking in the world but also to empower humanitarian principles of warfare and enhance dialogue between Islamic legal scholarship and contemporary international legal institutions.

Keywords: Islamic Military Law, International Humanitarian Law, Laws of War, Geneva Conventions, Islamic Jurisprudence, War Ethics, Non-Combatant Protection, Prisoners of War, Comparative Legal Study, Armed Conflict.