Islamic Politics Research

Islamic Politics Research

The Islamic Theory of Humanitarian Law and International Peace with Emphasis on Man’s Inherent Dignity and Value

Document Type : Original Article

Author
Majid Abbasi (Eshlaghi)
Assistant Profess of International Relations Department, Allamah Tabatabaei University
Abstract
From the beginning, humanitarian law contained rules which aimed at protecting the life and properties of people during armed conflicts. (History) This law is different in terms of theoretical foundations and practical manifestations in the popular western theory and the Islamic theory which have not been analyzed. (Background) Therefore, identity borders and foundations of the rules of humanitarian law have remained unknown and ambiguous in western and Islamic communities. (Problem) Thus, the following question is raised: What are the theoretical foundations of humanitarian law in Islam? And how the Islamic theory of humanitarian law can affect international peace? (Question) We assume that: the Islamic humanitarian law, in contrast to its western counterpart, has two supportive bases in Islam, one of them is the inherent dignity of man and the other is his value. (Hypothesis) The author seeks to answer to the research question (Objective) through using explanatory-analytical method. (Methodology) The Islamic theory of humanitarian law is the most advanced, the strongest, and the most exact and at the same time very older than western theories and in the verses of the holy Quran, the tradition of the Prophet, and jurisprudential and narrative books, issues of the international humanitarian law are clearly observed. In addition, peace has priority over war in Islam (Finding).
Keywords
humanitarian law
Islamic Theory
Human rights
and International Peace
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Goodheart, Michael (2003). "Origins and Universality in the Human Rights Debates: Cultural Essentialism and the Challenge of Globalization", Human Rights Quarterly, No.4, Vol. 25, November. p 934-964.
Greenwood, Christopher (2008). “Historical Development and Legal Basis” in: The Handbook of International Humanitarian Law, Dieter Felck, 2nd ed, Oxford University Press.
Jochnick Chris and Roger Normand (1994). “The Ligitimation of Violence: A Critical History of the Laws of War”, Harvard International Law Journal, Vol. 35, No. 1, Winter, p 83-96.

  • Receive Date 24 September 2016
  • Revise Date 04 November 2016
  • Accept Date 19 December 2016