E-Jurnal

COMPARATIVE STUDY OF ISLAMIC LAWS OF WAR AND IHL – POINTS OF CONVERGENCE FOR UNIVERSAL CONSENSUS ON LAWS OF WAR. E-Jurnal

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In contemporary times, wars are not taking place in a legal vacuum. There are laws
available on resorting to force and conduct of hostilities, including Islamic Laws of war
and International Humanitarian Law (IHL). These legal regimes trace their origins in the
teaching of elders that have further translated into rules and principles to limit the
destructive nature of an armed conflict. Both systems are primarily concerned about
regulating the behaviour of belligerents to avoid and at least minimize the sufferings of
combatants and non-combatants in the theatre of war. This paper explores Islamic values
and rules on the conduct of hostilities and compares them with similar provisions of IHL
by using a comparative analysis approach. The objective of this study is not to judge
Islamic Laws of war in contrast to IHL or vice versa but addresses the points of
convergence. It analyses whether there is any significant difference between these two
legal systems in observing principles and ethics of warfare, and provides a way out for
humanization.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2X4.591

Penerbit

: Margala Papers., 2021

Deskripsi Fisik

p 115-130

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2X4.591

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

No.1

Subjek

HUKUM ISLAM

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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