بین الاقوامی قانون انسانیت اور اسلامی شریعت میں شہریوں کے تحفظ سے متعلق جنگی اصول: ایک تقابلی مطالعہ

Abstract

Armed conflicts and wars are governed by principles aimed at protecting civilians, non-combatants, and humanitarian workers. This paper examines four key principles essential for safeguarding non-combatants.

The first principle, distinction, requires that military actions target only legitimate military objectives, ensuring the protection of civilians. The second principle, proportionality, stipulates that any harm must be proportionate to the anticipated military advantage, emphasizing that civilian casualties should be unintentional and within the scope of military objectives. Military necessity, the third principle, restricts warfare to strategic objectives, advocating for the lessor harm of combatants. The fourth principle, precaution, mandates measures to reduce civilian harm before and during attacks. These principles are integral to International Humanitarian Law, focusing on civilian protection.

Islamic Law similarly prohibits harming non-combatants, including women, children, the elderly, and religious figures, while also forbidding unnecessary destruction. It upholds proportionality, military necessity, and precaution, along with broader ethics like justice, mercy, humane treatment, and respect for human dignity. While Islam was an early advocate for these principles, it allows flexibility in extreme situations based on necessity.

This comparative study analyses the similarities and differences between International Humanitarian Law and Islamic Law regarding civilian protection in armed conflicts, highlighting their shared goals and distinct approaches.