Jihād and Civilians’ Personal Rights
in is Jihad Just War? War, Peace and Human Rights Under Islamic and Public International Law, (Lewiston, Ny: Edwin Mellen Press, 2001) 85-101.
17 Pages Posted: 19 Nov 2015
Date Written: October 17, 2001
The issue of human rights in times of war and armed disputes is one of the most fundamental human issues and, consequently, one of the most sensitive and controversial. This chapter attempts to address the critical question: to what extent did Islamic humanitarian law contribute to the protection of civilians’ personal rights? To maintain that, a number of these rights will be examined in light of the norms of Islamic and public international law, particularly, the right to life, the prohibition of torture and inhuman treatment, and the right to respect one’s religious beliefs, customs and traditions.
Keywords: Islamic Law of Nations; Doctrine of Jihad; Theory of Just War; Human Rights and Islam; International Humanitarian Law; International Human Rights Law; Right to Life; Right to Respect Religious Beliefs; Belligerent Occupation; International Comparative Law.
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