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: قانون ِسیر اور بین الاقوامی قانون ِانسانیت کے معاصر اطلاقات


Article Information

Title: : قانون ِسیر اور بین الاقوامی قانون ِانسانیت کے معاصر اطلاقات

Authors: Abdul Ghaffar

Journal: Al-Mithaq

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31
Y 2023-07-01 2024-09-30

Publisher: Hira Institute of Social Sciences Research & Development

Country: Pakistan

Year: 2024

Volume: 3

Issue: 1

Language: Urdu

Keywords: Islamic lawjusticeIHLSiyarLegal System

Categories

Abstract

This paper explores the contemporary applications of Siyar (Islamic International Law) in relation to International Humanitarian Law (IHL), emphasizing their intersections, compatibilities, and divergences. Historically rooted in Islamic jurisprudence, Siyar governs relations between Muslim and non-Muslim states, outlining principles of justice, peace, and ethical conduct in times of both war and peace. International Humanitarian Law, as framed by the Geneva Conventions, seeks to protect human dignity and restrict the methods and means of warfare on a global scale. This study examines how Siyar aligns with modern IHL principles, particularly regarding the protection of civilians, the treatment of prisoners of war, and restrictions on warfare. Using a comparative methodology, this paper delves into the ethical foundations shared by both Siyar and IHL, analysing case studies from recent conflicts in Muslim-majority countries to assess the applicability and limitations of these frameworks. By examining these two legal systems side-by-side, this research seeks to contribute to a broader understanding of humanitarian protections and provide insights for policymakers and scholars working toward a more harmonized approach to international humanitarian governance.


Research Objective

To explore the contemporary applications of Siyar (Islamic International Law) in relation to International Humanitarian Law (IHL), emphasizing their intersections, compatibilities, and divergences.


Methodology

Comparative methodology, analyzing case studies from recent conflicts in Muslim-majority countries.

Methodology Flowchart
                        graph TD;
A["Explore Siyar and IHL"] --> B["Analyze Historical Roots and Principles"];
B --> C["Examine IHL Framework"];
C --> D["Compare Intersections and Divergences"];
D --> E["Analyze Ethical Foundations"];
E --> F["Apply Comparative Methodology to Case Studies"];
F --> G["Assess Applicability and Limitations"];
G --> H["Contribute to Understanding and Harmonization"];                    

Discussion

The paper examines how Siyar aligns with modern IHL principles, highlighting shared ethical underpinnings and exploring potential for a more harmonized approach to international humanitarian governance.


Key Findings

Siyar and IHL share ethical foundations regarding the protection of civilians, treatment of prisoners of war, and restrictions on warfare. The research assesses the applicability and limitations of both frameworks.


Conclusion

The research contributes to a broader understanding of humanitarian protections by examining Siyar and IHL side-by-side, offering insights for policymakers and scholars.


Fact Check

- The article is published in Al-Mthq (Research Journal of Islamic Theology), Volume 03, Issue 01, January-June 2024.
- The article is authored by Dr. Abdul Ghaffar, Professor/Chairman at the Department of Fiqh and Shariah, The Islamia University of Bahawalpur.
- The article was received on 01-06-2024, accepted on 25-06-2024, and published on 30-06-2024.


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