COMPATABILITY BETWEEN INTERNATIONAL HUMANITARIAN LAW AND ISLAMIC LAW OR WAR (JIHAD)

Abstract

This study investigates the matter of the compatibility between International Humanitarian Law and Islamic concept of Jihad. The proponents of the theory of the acceptability of International Humanitarian Law in an Islamic context have been presenting the similarities between International Humanitarian Law and Islam. The opponents have been trying to point out the differences between International Humanitarian Law and Islam, especially on the violent concept of Jihad. This study looks at the theories of the existence or non-existence of a fundamental conflict between International Humanitarian Law and Islam by analysing the views of different schools of thoughts and rules of International Humanitarian Law in the context of Islamic Law of War (Jihad). The lack of the availability of a satisfactory study on the matter provides justification for the present study that aims to address the gap by making an important contribution to the knowledge in this area. The data for this study has been collected by using both primary and secondary sources of data collection. The primary data has been collected through this study. The available literature on the same topic has been collected as secondary data through libraries, books, journals, articles and using the internet sources. The analyses of the data lead us to the point where the relationship between International Humanitarian Law and Islam becomes clear and an assessment is made about the compatibility of International Humanitarian Law with Islam, on the Islamic concept of Jihad, that rejects the existence of a fundamental conflict between International Humanitarian Law and Islam.