Islamic Jurisprudence and the Regulation of Armed Conflict

Source: Harvard University
Date: Feb 2009

The increase in violent attacks against civilians and non-civilians and the claims made bygroups waging such attacks that their acts are legitimate under Islamic law generated wideinterest in Islamic ‘laws of war’. This paper attempts to challenge the approach focused oncomparison between international humanitarian law (IHL) and Islamic law on the basis of therules adopted in each system and argues that both legal regimes are governed by certaintheoretical and ideological paradigms that are distinct from each other. In order to highlightthis difference, the paper examines the different juristic approaches to issues of concern to thejurists and shows how these approaches reflected particular agenda and thus can not besimply compared to rules of IHL, because these are equally governed by other agendas and interests.

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