E-Jurnal

IDENTIFICATION OF THE DEAD UNDER ISLAMIC LAW AND INTERNATIONAL HUMANITARIAN LAW: A MINI REVIEW i,* Julie. E-jurnal

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The Islamic world has been confronted with many challenges in recent history such as situations of
violence, armed conflict, global pandemic and natural disasters. One of the many catastrophic
consequences of such events are the findings of numerous unidentified bodies. Is the identification
of dead bodies a legal obligation under both Islamic law and International Humanitarian Law (IHL)
or is it merely a moral duty to help grieving family members? The purpose of this research is first, to
give an overview of the Islamic law principles governing the identification of the dead. Second, to
illustrate those principles with current examples of humanitarian challenges in the Islamic world.
Third, to compare those Islamic law principles to IHL rules applicable in armed conflicts and
demonstrate that both IHL and Islamic Law aim to end the suffering of families of missing
persons. This research demonstrates that both Islamic law and IHL have rules which aim to protect
the dignity and respect of dead bodies and they complement each other in contexts of armed conflicts
or other situations of violence. By identifying the similarities and complementarities of both bodies
of law this research paper contributes to expanding the legal framework which can be promoted and
used by humanitarians to protect families of the dead and end their suffering by obtaining information
on the fate and whereabouts of their loved ones. In cases of mismanagement of the dead, in Muslim
contexts, resulting in the burial of unidentified bodies, humanitarians should discuss with religious
authorities and raise the various principles of Islamic law described in this paper such as the
prohibition of collective graves and cremation and the exceptions made in practice for the exhumation
of dead bodies. International scholars should also underscore the importance of storing information
on the deceased before burying them and of participating in the development of forensic science in
Islamic countries.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2x4

Penerbit

: MJSL., 2022

Deskripsi Fisik

pp. 38 – 48

Bahasa

Indonesia

ISBN/ISSN

1985-7454

Klasifikasi

2x4

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Vol. 10, No. 2

Subjek

Hukum Syariah

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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