JEAIL > Volume 16(1); 2023 > Regional Focus & Controversies
Research Paper
Published online: May 30, 2023

Islamic Laws of War and Contemporary International Humanitarian Law: Discrimination and Proportionality

Nehaluddin Ahmad & Gary Lilienthal & Siti Sara Ahmad
University Islam Sultan Sharif Ali
Simpang 347, Jalan Pasar Gadong, Sultan Sharif Ali Islamic University (UNISSA), Brunei Darussalam.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Since the beginning of the seventh century, Islamic law has played an essential role in protecting the personal, economic, judicial, and political rights of civilians during armed conflict. Fourteen centuries before the Universal Declaration of Human Rights was drafted in 1948, it had already initiated a human revolution consisting of a set of human principles. In addition, Islamic law has made a significant contribution to international humanitarian law (IHL). This paper focuses on two specific legal constructs in warfare: the definition of the combatant and the principle of distinction. This article comparatively examines how these two laws deal with different aspects of war that fall under jus ad bellum, jus in bello, and jus post bellum. A comparative analysis of the various elements and aspects of just war theory in Islamic and contemporary international law provides a much deeper understanding of its limitations. We can safely conclude that there is a unique relationship between the Islamic law of war and IHL.

Keywords : Islamic Law of War, International Humanitarian Law, Jus ad Bellum, Jus in Bello, Human Rights

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