The Protection of Civilian Population in Situation of War and Violence: in the Light of Islam and International Humanitarian Law

جنگ اور تشدد کی صورت حال میں شہری آبادی کا تحفظ اسلام اور بین الاقوامی قانون انسانیت کی روشنی میں

Abstract

Human history is marked by recurrent wars and conflicts that have arisen due to various political, social, and economic factors. These conflicts have often inflicted immense harm on societies, particularly on vulnerable civilian populations. The wisdom of humanity and ethical imperatives demand two fundamental measures: first, to make every effort to prevent wars and conflicts, or at least reduce their frequency and scope; and second, to minimize their destructive consequences when they do occur. A significant aspect of this effort is the protection of civilians from harm during armed conflicts. This raises a critical question: how do Islamic law and international humanitarian law address this issue? Both frameworks emphasize the importance of minimizing harm in war and safeguarding non-combatants, but their approaches, principles, and mechanisms may differ. While Islamic law draws its foundation from the Quran, Sunnah, and the Islamic legal tradition, international humanitarian law is based on globally recognized treaties, conventions, and customary practices. This article seeks to explore the provisions of both Islamic law and international humanitarian law concerning the protection of civilians during armed conflicts. It aims to identify the common principles they share, such as the prohibition of targeting non-combatants, and the areas where their methodologies or interpretations diverge. Through a detailed comparative analysis, this study highlights the convergence of these two frameworks on humanitarian principles while shedding light on their unique contributions to the discourse on limiting the human cost of war.