Safeguards to Prisoners of War in International Law: Revisiting from Islamic Law Perspective

Ahmar Afaq, Prateep Sarkar, "Safeguards to Prisoners of War in International Law: Revisiting From Islamic Law Perspective", Tabish Eqbal, Ali Faran Gulrez et. al. (eds.) Contemporary Legal Issues: Prospects and Challenges, 8 (2016)

10 Pages Posted: 16 May 2017

See all articles by Ahmar Afaq

Ahmar Afaq

Aligarh Muslim University (AMU) - Faculty of Law

Prateep Sarkar

Aligarh Muslim University (AMU), Faculty of Law, Students

Date Written: 2016

Abstract

The 21 Century world has become the ground zero for the barbaric and inhumane acts of the extremist groups like ISIS and Boko Haram of Nigeria which are committed by them in the name of peaceful religion of Islam. Every now and then, we read and hear about the spine chilling acts of the groups which include genocides, mass killings, massacre of men, women and prisoners of war. The atrocities committed by them are not only against the fundamental principles of Islam but are also a gross violation of International Humanitarian Laws. As it is said that Islam is not just a religion but a complete code of life containing principles and guidelines on politics, state, war, justice etc. so what does the Islamic Law provides with regards to the rights of Prisoners of War?

Quran says, whosoever kills an innocent, it is as if he has killed all mankind; and whoever saves a person, it is as if he has saved all mankind, therefore meaning by that the blasphemous acts of the group are in clear contravention to the principles of Islamic Law with regard to prisoners of war. For instance, it was reported few months back that ISIS paraded around 250 captured soldiers through the desert and shot them dead which in every sense is a clear violation of human rights and International Humanitarian Laws.

At the time when many are bent on tainting Islam as a religion of savage, through the instant academic venture an effort has been made to clear the misconceptions regarding the peaceful religion of Islam and to find out what are the actual rights and status of Prisoners Of War in Islamic Law and to compare them with the existing rights in International Humanitarian laws.

Keywords: International Humanitarian laws, Human Rights, Prisoners of War, Islamic Law

Suggested Citation

Afaq, Ahmar and Sarkar, Prateep, Safeguards to Prisoners of War in International Law: Revisiting from Islamic Law Perspective (2016). Ahmar Afaq, Prateep Sarkar, "Safeguards to Prisoners of War in International Law: Revisiting From Islamic Law Perspective", Tabish Eqbal, Ali Faran Gulrez et. al. (eds.) Contemporary Legal Issues: Prospects and Challenges, 8 (2016). Available at SSRN: https://ssrn.com/abstract=2967848

Ahmar Afaq (Contact Author)

Aligarh Muslim University (AMU) - Faculty of Law ( email )

Aligarh Muslim University
Aligarh, Uttar Pradesh 202002
India

Prateep Sarkar

Aligarh Muslim University (AMU), Faculty of Law, Students ( email )

Uttar Pradesh
India

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