ABSTRACT

This chapter examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. It is important to study the law, regardless of its application, to understand the historical contributions of Islamic jurisprudence to the development of international humanitarian law. The chapter presents an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. It discusses the sources of Islamic international law and how these sources are explored for the rules they expound concerning the conduct of warfare. The chapter presents some general comparisons made between Islamic humanitarian law and its contemporary international counterpart. It investigates the historical impact of Islamic humanitarian law and argues that the history of contemporary international humanitarian law must be revised to include the contributions made by Islamic civilization.