The Protection of Civilians in War: Non-Combatant Immunity in Islamic Law
Hamdard Islamicus, Vol. XXXIV, No. 4, pp. 7-39, October-December 2011
38 Pages Posted: 1 Apr 2011 Last revised: 24 Dec 2014
Date Written: March 27, 2011
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.
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