Open AccessTargeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.
Author(s) -
Syed Raza Shah Gilani,
Muhammad Haroon Khan,
Muhammad Haseeb
Publication year - 2021
Publication title -
al-iḍaḥ/al-īḍāḥ
Language(s) - English
Resource type - Journals
eISSN - 2664-3375
pISSN - 2075-0307
DOI - 10.37556/al-idah.039.02.0662
Subject(s) - islam , law , international humanitarian law , fiqh , sharia , worship , subject (documents) , harm , political science , law of war , international law , history , computer science , archaeology , library science
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.