Final Project

Principles of War in Islamic International Law

Submitted by;
Aimen Mansoor
Hajira Bibi
Zuba Arif
Aiman Tanvir
Rohma
Nimra Naeem
Amna Akbar
Muslima

Submitted to;
DR. FARHANA MEHMOOD
ISLAMIC INTERNATIONAL LAW

Fatima Jinnah Women University, Rawalpindi

(2020-2024)

1
 Principles of war in Islamic international law

Abstract
The intersection of Islamic jurisprudence and international law has been a subject of
scholarly exploration for centuries, and the principles governing armed conflict within an Islamic
framework have deep historical roots. This project delves into the multifaceted dimensions of the
"Principles of War in Islamic International Law," seeking to analyze the foundational tenets that
guide military engagements in accordance with Islamic legal traditions. The study begins by
elucidating the Islamic perspective on war, emphasizing the significance of just causes and ethical
considerations that underpin the decision to engage in armed conflict. It explores the Quranic
injunctions, Hadiths, and classical Islamic jurisprudence to establish a comprehensive
understanding of the principles that regulate warfare within an Islamic paradigm. Furthermore,
the research investigates the concept of jus in bello in Islamic thought, addressing issues such as
proportionality, distinction, and the treatment of non-combatants during armed conflict. It also
examines the contemporary relevance of these principles in the context of modern international
humanitarian law, drawing connections between Islamic ethics and global efforts to mitigate the
human cost of warfare. In addition, the project examines the concept of jihad in Islam and its
evolving interpretation in the contemporary geopolitical landscape. It investigates the criteria for
engaging in jihad and the principles that govern the conduct of belligerents, shedding light on the
nuances of defensive and offensive warfare as outlined in Islamic teachings. Ultimately, this
research aims to contribute to the ongoing discourse on the compatibility of Islamic principles
with the modern framework of international law, offering insights into how traditional Islamic
jurisprudence can inform and enrich the current understanding of the ethical and legal dimensions
of armed conflict on the global stage. By unraveling the principles of war in Islamic international
law, this project seeks to foster a more nuanced and inclusive dialogue that bridges the gap
between Islamic legal traditions and the broader context of international relations.

Key words: Islamic Jurisprudence, Principles of War, Jus in Bello, Jihad in Islam,
International Humanitarian Law, Ethics of Armed Conflict.

Introduction
The intersection of Islamic principles and international law has long been a captivating
field of study, particularly in the context of armed conflict. This research embarks on an
exploration of the "Principles of War in Islamic International Law," delving into the rich tapestry
of Islamic jurisprudence to unravel the ethical and legal underpinnings that guide military
engagements within the Islamic tradition. As the global community grapples with evolving notions
of warfare and humanitarian concerns, understanding the principles that govern armed conflict in
Islam becomes not only an academic pursuit but a critical endeavor for fostering a comprehensive
dialogue between Islamic legal traditions and contemporary international law.

2
 This study commences by illuminating the Islamic perspective on war, anchored in the
Quranic revelations, Hadiths, and classical Islamic legal texts. It seeks to decipher the foundational
principles that dictate when and under what circumstances armed conflict is permissible in Islam.
The examination extends to the concept of jus in bello, scrutinizing the application of principles
such as proportionality and distinction within Islamic teachings and their relevance to modern
international humanitarian law.
Additionally, the research explores the dynamic concept of jihad in Islam, unraveling
the criteria and conditions that define both defensive and offensive jihad. By examining historical
precedents and contemporary interpretations, the study aims to elucidate how the Islamic
understanding of jihad aligns with or diverges from prevailing international norms.
In the backdrop of an increasingly interconnected world, this project aspires to
contribute to the ongoing discourse on the compatibility between Islamic principles and the
broader framework of international law. As conflicts persist and humanitarian concerns escalate,
a nuanced understanding of the ethical and legal dimensions of armed conflict is imperative.
Through this exploration of the principles of war in Islamic international law, the research
endeavors to facilitate a deeper understanding of the intersections and divergences between
traditional Islamic jurisprudence and contemporary global perspectives on conflict resolution and
humanitarianism.

Research Questions
1. What are the foundational Islamic principles guiding the initiation of armed conflict, as
derived from the Quran, Hadiths, and classical Islamic legal texts?
2. How does Islamic jurisprudence address jus in bello principles, specifically examining
issues of proportionality, distinction, and the treatment of non-combatants during armed
conflict?
3. In what ways has the concept of jihad evolved in contemporary Islamic thought, and what
are the implications for its alignment with or divergence from established international
norms on the use of force?

Research Objectives
1. To analyze Islamic theological and legal sources to identify and explain the foundational
principles guiding the decision to engage in armed conflict.
2. To examine Islamic teachings regarding jus in bello principles, focusing on ethical
considerations related to proportionality, distinction, and the treatment of non-combatants.
3. To explore the historical evolution and contemporary interpretations of the concept of jihad
in Islam, emphasizing its relevance to modern geopolitical realities.

3
Significance of Research
This research holds significance in bridging the gap between Islamic principles
and international law, particularly in the realm of armed conflict. By explaining the foundational
principles outlined in Islamic jurisprudence, the study contributes to a deeper understanding of
ethical considerations and legal frameworks within the context of war. The findings are composed
to inform interfaith dialogue, enrich legal scholarship, guide policymaking in regions with
significant Muslim populations, and enhance humanitarian and peacebuilding efforts. In a global
landscape marked by diverse cultural and religious perspectives, this research serves as a valuable
resource for fostering greater understanding, facilitating more informed decision-making, and
promoting ethical conduct in armed conflict scenarios.

Methodology
This research adopts a qualitative, descriptive, and analytical approach to investigate the
"Principles of War in Islamic International Law." The study involves an in-depth review of primary
sources such as the Quran and Hadiths, along with classical Islamic legal texts. Through qualitative
document analysis, the research seeks to provide a descriptive account of the foundational
principles governing armed conflict within Islamic jurisprudence.

(AIMEN MANSOOR)

Literature review
International law
International law, the body of legal rules, norms, and standards that apply between
sovereign states and other entities that are legally recognized as international actors. The term was
coined by the English philosopher Jeremy Bentham (1748–1832).

Islamic international law

Definition he defined it as, “the set of rules that are binding on Muslims in their
relations with. Non-Muslims, whether they fight [the Muslim state] or have peaceful relations
[with them], whether they are individuals or states, and whether they are inside Muslim territory
or outside of. It.
The law of war Is the component of international law that regulates the conditions for initiating
war (jus ad bellum) and the conduct of hostilities (jus in bello). Laws of war define sovereignty
and nationhood, states and territories, occupation.

National law of war

4
 The national law of war refers to a country’s set of legal principles, regulations, and
guidelines that govern the conduct of its armed forces during armed conflicts. These laws are
specific to each nation and are designed to ensure that military operations adhere to ethical
standards, respect human rights, and comply with international humanitarian law. The national law
of war typically includes rules of engagement, protections for civilians and prisoners of war,
guidelines on the use of force, and other regulations aimed at promoting humane and just conduct
during times of war.

Islamic international law of war

Islamic international law of war, often referred to as “Jihad” in Islamic
jurisprudence, encompasses legal principles derived from Islamic teachings that regulate the
conduct of Muslim individuals and nations during armed conflicts. It is based on interpretations of
the Quran and the Sunnah (traditions and practices of Prophet Muhammad).
Islamic international law of war refers to the set of legal principles within Islamic jurisprudence
that govern the conduct of armed conflict by Muslims, emphasizing just causes, ethical conduct,
protection of non-combatants, and adherence to Islamic teachings and values during wartime.

The sources of war in Islamic law

The sources or the tools used by Muslim jurists to develop the Islamic law of war
include the following:
1) the Qur’ān;
2) the Sunnah
3) early Islamic precedents
consensus among the jurists
5) jurists’ rulings
6) the public interest.

Principal of war in Islamic law

Just Cause
War is permissible in self-defense, to protect Islam, or to defend against aggression. It
should be based on a just cause and not for expansionist or unjust reasons.

Proportionality
The use of force should be proportionate to the threat faced. Excessive force and
indiscriminate violence are discouraged.

5
 Ethical Conduct (Adab al-Harb)
Islamic law promotes ethical behavior during war. This includes treating
prisoners of war humanely, avoiding torture, and respecting the dignity of individuals.

Declaration of War (Tazkia)

A legitimate authority, such as a ruler or a recognized Islamic institution,
should declare war. Vigilante actions or unauthorized warfare are not condoned.

Offer of Peace (Sulh)

Muslims are encouraged to seek peaceful resolutions before engaging in war. If the
enemy expresses a willingness to negotiate, Muslims should consider peaceful alternatives.

Limited Duration (Muhadhdhab)

War should not be prolonged unnecessarily. Once the objectives are achieved or
a just resolution is reached, hostilities should cease.

Protection of Places of Worship and Religious Minorities

Islamic law prohibits the destruction of places of worship and ensures the
protection of religious minorities, allowing them freedom of worship.

Humanitarian Aid and Assistance (Ighatha)

Providing humanitarian aid to those affected by conflict, including both
Muslims and non-Muslims, is encouraged.1

(HAJIRA BIBI)

Compare Islamic principles with modern international humanitarian law.

Despite their different origins and frameworks, Islamic values and modern international
humanitarian law (IHL) have several points in agreement. Here's a more in-depth comparison:

1
(al-Dawoody 2017)

6
Foundations
Islamic Principles
Islamic principles, which are based on the Quran and Sunnah, emphasize compassion,
justice, and kindness. Even during times of strife, the Quran instructs Muslims to safeguard the
rights and dignity of all individuals.
IHL
Developed from the Hague and Geneva Conventions, IHL is concerned with minimizing the
impacts of armed conflicts, protecting civilians, and assuring humane treatment of captives and
wounded combatants.

Civilian Protection:
Islamic Principles
During wartime, Islam emphasizes the protection of civilians, non-combatants, and their
property. Indiscriminate civilian harm and infrastructure devastation are harshly condemned.
Similarly, IHL contains rules to protect people from the impacts of wars. The differentiation
principle requires a clear delineation between combatants and non-combatants.

Torture is prohibited
Islamic Principles
Torture is categorically prohibited in Islam. Humane treatment of prisoners, including opponents,
is emphasized, reflecting wider Islamic principles of kindness and justice.
IHL
International humanitarian law, namely the Geneva Conventions, outlaws torture and inhumane
treatment of prisoners of war and detainees. A key value is the compassionate treatment of those
in captivity.

Proportionality
Islamic traditions emphasize proportionality in the use of force during disputes. Excessive and
disproportionate injury is discouraged, in accordance with the justice concept.
IHL: Proportionality is an important aspect of IHL. It mandates that the use of force be limited to
what is required to achieve a legitimate military purpose while minimizing unnecessary suffering.

7
Humanitarian Relief
Islamic Principles
Islam advocates humanitarian help, particularly to people harmed by strife. Zakat, one of Islam's
Five Pillars, includes charitable offerings to those in need.
Humanitarian assistance is an important part of international humanitarian law. It emphasizes the
need to allow and assist the transit of humanitarian supplies to victims of armed conflict.

Cultural and religious sites must be respected:

Islamic Principles
According to Islamic beliefs, cultural and religious sites are sacred and should not be
desecrated during wars.
IHL:
International humanitarian law includes rules to protect cultural and religious property,
recognizing their importance and the necessity to preserve them throughout armed situations.

While there are some principles that are similar, it is crucial to recognize that there are distinctions
due to the various historical, cultural, and legal settings from which Islamic principles and modern
IHL derive. Furthermore, the interpretation and application of these concepts can differ between
researchers and states.2

Areas of Convergence
Protection of Human Dignity
Convergence: Both Islamic principles and modern international humanitarian law
(IHL) emphasize the protection of human dignity. They share a commitment to minimizing the
suffering of individuals during armed conflicts and preserving their inherent worth.

Civilians and Non-Combatants

Convergence: Both Islamic principles and IHL prioritize the
protection of civilians and non-combatants. The deliberate targeting of non-
combatants is condemned, aligning with the shared goal of minimizing harm to
innocent lives.

2
(Dr Ahmed al-Dawoody 2020)

8
Prohibition of Torture
Convergence: There is alignment in rejecting torture and cruel treatment. Islam categorically
prohibits torture, and IHL, through various conventions, explicitly prohibits the torture and ill-
treatment of detainees, including prisoners of war.

Humane Treatment of Prisoners

Convergence: Both systems advocate for the humane treatment of captured individuals. Islamic
principles emphasize mercy even towards enemies, while IHL, particularly the Geneva
Conventions, establishes standards for the treatment of prisoners of war.

Proportionality in the Use of Force

Convergence: Both Islamic principles and IHL stress the importance of proportionality in the use
of force. The idea is to prevent unnecessary harm and destruction during armed conflicts, reflecting
a commitment to justice.

Areas of Convergence & divergence

Areas of Divergence
Sources of Authority
Divergence: Islamic principles derive from the Quran and Sunnah, considering divine revelation
as the ultimate source of guidance. In contrast, IHL is based on international agreements and
treaties, with a foundation in secular legal principles.

Application to Non-Muslims
Divergence: Some Islamic principles may be perceived as having a primarily intra-Muslim focus.
While the Quran encourages fair treatment of all individuals, differences in interpretation can
impact the application of these principles to non-Muslims.

9
Jus ad Bellum (Right to War)
Divergence: IHL primarily focuses on jus in bello (justice in war), regulating conduct during armed
conflicts. Islamic principles encompass both jus in bello and jus ad bellum (justice in the reasons
for going to war), with criteria set for the just causes of war in Islam.

Legal Framework and Enforcement

Divergence: IHL operates within a well-defined legal framework governed by international treaties
and conventions. Enforcement mechanisms involve international courts. In contrast, Islamic
principles rely on moral and ethical guidance, often enforced at the individual or state level based
on interpretation by religious authorities.

Treatment of Apostates
Divergence: Islamic principles, in some interpretations, may have different views on the treatment
of apostates during conflicts. While some Islamic scholars argue for leniency, interpretations may
vary, leading to divergence from IHL standards on religious freedom.
Understanding these areas of convergence and divergence is crucial for navigating the
complexities of applying ethical and legal principles in situations of armed conflict. It highlights
the need for dialogue and understanding between legal and religious frameworks to promote
humanitarian values universally.3

(NIMRA NAEEM)

Framework for Islamic Principles of War

Just Cause
In Islam, the concept of "just war" is outlined in Islamic jurisprudence. A war is considered
just (Jihad) if it meets certain criteria, including self-defense, protection of religious freedom, and
just treatment of prisoners and civilians. The decision to go to war is subject to careful ethical
considerations in Islam.4

Criteria for Just War in Islam

1.Self-Defense: The primary justification for war in Islam is self-defense against aggression.

3
(Ashraf n.d.)
4
(NAQVI n.d.)

10
2. Protection of Religion: War may be waged to defend the freedom of religion and protect the
rights of Muslims to practice their faith.
3. Legitimate Authority: Only duly constituted authorities have the right to declare war in Islam.
4. Proportional Response: The response in war must be proportionate to the threat faced, and
excessive force or harm to civilians is generally prohibited.
5. Last Resort: War should be a last resort after exhausting all peaceful means of resolving
conflicts.
6. Avoidance of Harm to Civilians: Deliberate harm to non-combatants, including women,
children, and other non-combatant individuals, is strictly prohibited.
7. Humane Treatment of Prisoners: Captured prisoners of war are to be treated with dignity and
humanity, in accordance with Islamic principles.5

Proactive and defensive aspects

In Islam, the conduct of war involves both proactive and defensive aspects, guided
by principles outlined in Islamic jurisprudence.

Proactive Aspects
Jihad as Striving
The term "Jihad" in Islam extends beyond armed conflict. It also includes the struggle for
self-improvement, righteousness, and the propagation of Islam peacefully.

Propagation of Islam
Proactive aspects involve spreading the message of Islam peacefully, inviting others to
embrace the faith through dialogue and example.

Defending Religious Freedom

Proactively engaging in activities that protect the freedom of religion, allowing Muslims and others
to practice their faith without oppression.

Defensive Aspects
Self-Defense
Islam permits the use of force in self-defense when Muslims are under threat or attack.
Defensive jihad is considered a just war according to Islamic principles.

5
(Islam and war 2009-08-13)

11
Protection of the Muslim Community
Defensive aspects include safeguarding the Muslim community from external
threats, ensuring their security, and preserving their ability to practice Islam freely.

Just Treatment in War

Even in defensive wars, Islamic principles emphasize the humane treatment of
prisoners of war and avoidance of harm to non-combatants. Excessive force and indiscriminate
violence are not condoned.

Legitimate Authority
Defensive wars should be declared by legitimate authorities, ensuring that decisions to go
to war are made responsibly and in accordance with Islamic principles.6

(AIMAN TANVIR)

Proportionality
In the Islamic International Law, proportionality designates that in armed conflict the
use of force must be proportionate to what is sought. This rule is deeply ingrained in Islamic
Jurisprudence and reflects the ethical concerns with respect to how war should be waged within
an Islamic context.

Concept of Proportionality in Islam

Islamic proportionality is not simply a matter of calculating forces, but
rather an all-encompassing ethics. The Quran, which stresses justice and equity as its foundational
source. It provides incentives to the use of moderation even in the darkest depths of military
conflict. Islamic scholars have carried out deep discussions defining the boundaries of proportion
in war. Islamic thinking teaches that proportionality means carefully weigh up such matters as the
lawfulness of military targets, possible civilian casualties and damage to social order. This is not
a rigid formula, but merely an invitation to thoughtful consideration of the moral aspects of using
force against another. In addition, the application of this principle does not stop with kinetic
warfare but extends to decisions involving economic sanctions and blockades or other so-called
nonmilitary measures. In his sayings the Prophet Muhammad points out that even in battle one
should avoid excess. This is a timeless expression of the pledge to justice and humanity, not only
for herself but also even those at odds with her.

6
(THOMAS n.d.)

12
Evaluate Balance between Military Necessity and Civil Protection
One of the fundamental problems in Islamic
International Law is where to draw the delicate line between military need and civil protection.
The Quran and the Sunnah sanctify non-combatants, making it imperative that harm to civilians
and their property be as slight as possible. Understanding this equilibrium requires a historical and
detailed examination of each conflict. Military necessity may justify the use of force; it cannot,
however, be used by way of a blanket justification for unrestricted violence. Islamic jurisprudence
emphasizes that the means and methods involved should be examined fairly, in terms of justice
and mercy. Today, technological developments add new problems. Although precision weaponry
minimizes collateral damage, it poses ethical questions. Islamic International Law needs a refined
approach, taking into consideration the relation of means to military objectives and possible harm
from incidental civilian injury.
The principle of proportionality implies that conflict resolution must be carried out in a just
manner. This requires not only a rethinking of military strategies, but parallel diplomatic work
aimed at identifying the causes of conflicts and thus promoting Islam's principles for peace and
social justice. In sum, Islamic International Law's principle of proportionality underlines the
ethical aspects in armed conflict. That requires an intelligent and considered; approach, emanating
from Islam's stress upon fairness, moderation in all things, and the cherishing of life even at times
of war.7

(ZOBA ARIF)

DISCRIMINATION
Treatment of Combatants and Non Combatants
Islamic law differentiates between those who are permissible
targets in war and those who are not. Thus providing for two categories: firstly, al-muqatilah
(combatants) and ghayr al-muqatilah (non-combatants). Al-Rāzı̄ a renowned Islamic law Scholar
defines the term al-muqātilı̄ n (combatants) as “those who take part in the hostilities, according to
him, anyone even if he is willing to fight cannot be considered as combatant until he enters into
combat.” Thus, civilians or non-combatants are understood to be the ones who are not taking part
in hostilities. Islamic law permits women to directly participate in hostilities thus granting women
the status of Combatant.
This principle of distinction is enshrined in both the primary as well as secondary sources of
Islamic law. The primary sources of Islamic law guarantee protection to civilians while
commanding that fighting must only be directed against enemy combatants. Ibn Qayyum has
indicated the Islamic position regarding those who can be targeted during war as follows: “Muslims
must fight those who attack them, but not those who do not attack them.” This statement expressly

7
(Ahmad 2023)

13
affirms the principle of civilian protection in Islamic jus in bello. Moreover, the principle of
distinction has been enshrined in the following verse of Holy Quran which states that;

“Fight in the cause of Allah those who fight you but do not transgress limits;
For Allah loveth not transgressors”.
This verse has been interpreted to mean that non-combatant enemies should not be attacked and
any attack against women, children, elderly etc is an act of aggression that angers the Almighty
Allah.8 This verse has been held to have two meanings; firstly, Muslims should not initiate
hostilities unless waged by the enemies. Secondly, only those should be targeted who directly take
part in combat.9
According to Shaybani, a Muslim Army has to only fight against combatants and, therefore, they
cannot kill women, children, elderly, and like persons who are not taking direct part in the combat.
Additionally, the principle of distinction also finds support from the Sunnah, commonly known as
the traditions of the Holy Prophet. Reference may be made to the traditions wherein the Holy
Prophet is reported to have said, “Do not kill women and Children”. “Do not kill an aged person,
a young child or a woman”. “Do not kill children or the clergy” and “Do not kill children or usafā.”
Thus, a number of the Prophet’s Hadiths specifically prohibit the targeting of women, children,
the elderly, and ʻusafā’ .The word ʻusafā’ is the plural of the word ʻası̄ f, which means anyone who
has been hired or himself provides services in the battlefield. Furthermore, it has been reported
that in one of the battles, the Prophet saw a body of a dead woman and inquired as to the cause of
her death. When he came to know that she had been killed by a Muslim commander he dispatched
a companion to prohibit him from such acts. Whenever the Prophet dispatched his army he
expressly commanded and instructed them to never direct attacks against civilians.

The Rights of the Combatants:

What rights Islam has conferred on the combatants?

Torture with Fire

In the hadith there is a saying of the Prophet that: "Punishment by fire does not behove
anyone except the Master of the Fire" (Abu Dawud). The injunction deduced from this saying is
that the adversary should not be burnt alive.

Protection of the Wounded

"Do not attack a wounded person"-thus said the Prophet. This means that the wounded
soldiers who are not fit to fight, nor actually fighting, should not be attacked.

The Prisoner of War Should not be Slain

"No prisoner should be put to the sword"-a very clear and unequivocal instruction
given by the Prophet (S).

14
No one Should be Tied to be Killed
"The Prophet has prohibited the killing of anyone who is tied or is in captivity."

No Looting and Destruction in the Enemy's Country

Muslims have also been instructed by the Prophet that if they should enter the enemy's
territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch
the property of anyone except those who are fighting with them. It has been narrated in the hadith:
"The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; Abu Dawud). His
injunction is: "The loot is no more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used
to instruct the soldiers while sending them to war, "Do not destroy the villages and towns, do not
spoil the cultivated fields and gardens, and do not slaughter the cattle." The booty of war which is
acquired from the battleground is altogether different from this. It consists of the wealth, provisions
and equipment captured only from the camps and military headquarters of the combatant armies

Sanctity of Property
The Muslims have also been prohibited from taking anything from the general public of
a conquered country without paying for it. If in a war the Muslim army occupies an area of the
enemy country, and is encamped there, it does not have the right to use the things belonging to the
people without their consent. If they need anything, they should purchase it from the local
population or should obtain permission from the owners. Abu Bakr al-Siddiq, while instructing
the Muslim armies being despatched to the battlefront would go to the extent of saying that Muslim
soldiers should not even use the milk of the milch cattle without the permission of their owners.

Return of Corpses of the Enemy

In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was
killed and his body fell down in the trench which the Muslims had dug for the defence of Medina.
The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of
their fallen warrior may be handed over to them. The Prophet replied "I do not sell dead bodies.
You can take away the corpse of your fallen comrade."

Rules About Declaration of War

It has been laid down in the Holy Quran: "If you apprehend breach of treaty from
a people, then openly throw the treaty at their faces" (8:58). In this verse, Muslims have been
prohibited from opening hostilities against their enemies without properly declaring war against
them, unless of course, the adversary has already started aggression against them. Otherwise the
Quran has clearly given the injunction to Muslims that they should intimate to their enemies that
no treaty exists between them, and they are at war with them. The present day 'inter- national law'
has also laid down that hostilities should not be started without declaration of war, but since it is a
man-made rule, they are free to violate it whenever it is convenient. On the other hand, the laws
for Muslims have been framed by God, hence they cannot be violated.

15
Concept of Dhimmi
A dhimmi Arabic: ‫ذمي‬, meaning “protected person”) refers to specific individuals
living in Muslim lands, who were granted special status and safety in Islamic law in return for
paying the capital tax. This status was originally only made available to non-Muslims who were
People of the Book, namely, Jews and Christians), but was later extended to include Zoroastrians,
Mandeans, and, in some areas, Hindus.The term connotes an obligation of the state to protect the
individual, including the individual's life, property, and freedom of religion and worship, and
required loyalty to the empire, and a poll tax known as the jizya. Dhimmi had fewer legal and
social rights than Muslims, but more rights than other non-Muslim religious subjects. This status
applied to millions of people living from the Atlantic Ocean to India from the seventh century until
modern times.
Quran and the Hadith also provided precedents for the allowance of the Dhimmi as protected
people under Islam. In particular, Sura 9:29 of the Qur'an reads: "Fight those who believe not in
Allah nor the Last Day, nor hold forbidden that which hath been forbidden by Allah and His
Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book,
until they pay the jizya with willing submission, and feel themselves .Dhimmis were allowed to
“practice their religion, subject to certain conditions, and to enjoy ameasure of communal
autonomy” that guaranteed their personal safety and security of property, in return for paying
tribute and acknowledging Muslim supremacy Taxation from the point of view of the Muslim
conqueror was a material proof of the dhimmi’s subjection. Various restrictions and legal
disabilities were placed on Dhimmis, such as prohibitions against bearing arms or giving testimony
in courts in cases involving Muslims. Most of these disabilities had a social and symbolic rather
than a tangible and practical character. All of them, however, were designed to eliminate other
religions in a deliberate, long-term process. Although persecution in the form of violent and active
repression was rare and atypical. the limitations on the rights of dhimmis made them vulnerable to
the whims of rulers and the violence of mobs.

Restrictions
Although dhimmis were allowed to perform their religious rituals, they were obliged to do
so in a manner not conspicuous to Muslims. Display of non-Muslim religious symbols, such as
crosses or icons, was prohibited on buildings and on clothing (unless mandated as part of
distinctive clothing). Loud prayers were forbidden, as was the ringing of church bells or the
trumpeting of shofars.
Dhimmis had the right to choose their own religious leaders: patriarchs for Christians, exilarchs
and geonim for Jews. However, the choice of the community was subject to the approval of the
Muslim authorities, who sometimes blocked candidates or took the side of the party that offered
the larger bribe.Dhimmis were prohibited from proselytizing on pain of death. Neither were they
allowed to obstruct the spread of Islam in any manner. Other restrictions included a prohibition on
publishing or sale of non-Muslim religious literature and a ban on teaching the Qur’an. Tge Pact

16
of Umar, dhimmis had to bury their dead without loud lamentations and prayers. Incidents of
harassment of dhimmi funeral processions by Muslims, involving pelting with stones, battery,
spitting, or cursing, even by Muslim children, were common regardless of place and
time.According to Islamic law, the permission for dhimmis to retain their places of worship and
build new ones depended upon the circumstances in which the land fell under the Muslim rule.

Taxation
Dhimmi communities were subjected to the payment of taxes in favor of Muslims — a
requirement that was central to dhimma as a whole. Sura 9:29 stipulates that jizya be exacted from
non-Muslims as a condition required for jihad to cease. Failure to pay the jizya could result in the
pledge of protection of a dhimmi’s life and property becoming void, with the dhimmi facing the
alternatives of conversion, enslavement or death (or imprisonment, as advocated by Abu Yusuf,
the chief qadi — religious judge — of Abbasid caliph Harun al-Rashid).

(MUSLIMA)

DECLARATION AND CONDUCT:

REQUIREMENTS OF A FORMAL DECLARATION OF WAR:

A proper statement of war ordinarily includes a few key components:

1- Clear Purpose:
The announcement ought to unequivocally express the goal to go into equipped
clash.

2- Identification of parties:
Clearly identify the parties to the conflict, naming the nations or entities
that are regarded as adversaries.

3- Justification:
Give reasons or legitimizations to announcing war, framing the complaints or
dangers that have prompted this choice.

4- Authority:
The announcement ought to come from an equipped power, frequently a head of
state or regulative body, contingent upon the country's established cycles.

17
 5- Communication:
Tell the enemy and important worldwide bodies, for example, the Assembled
Countries, about the statement to guarantee straightforwardness.

6- Timing:
Pronounce battle previously or during military activities, not after threats have
proactively initiated.

Formal statements of war have become more uncommon in present day times, and many
struggles might unfurl without a conventional announcement because of movements in
worldwide relations and legitimate standards.

Ethical Conduct of War In Islam:

Islamic ethics regarding war are outlined in the principles of "Jus in
Bello" (justice in war) within Islamic law.

1- Proportionality:
Military activities ought to be proportionate to the danger confronted, keeping
away from unreasonable power that might hurt regular citizens or non-soldiers.

2- Discrimination:
Warriors should recognize soldiers and non-warriors, saving regular folks and
the people who don't partake in threats.

3- Treatment of Detainees of War:

Islamic regulation underlines accommodating treatment of detainees of
war, forbidding torment or abuse. Prisoners are to be treated with poise and
accommodated their fundamental requirements.

4- Insurance of Regular citizens:

Purposeful focusing of regular folks is completely restricted. Islamic
morals stress the insurance of blameless regular people, their property, and foundation.

5- Natural Contemplations:
Stay away from superfluous damage to the climate during fighting, as
Islam supports mindful stewardship of the Earth.

18
 6- Declaration of Goal:
Islamic practice suggests cautioning rivals prior to sending off an assault,
permitting regular folks to empty and warriors to give up.

Even at times of wars, Islam proves no brutal religion it obliges its followers to firmly abide by a

number of ethics and principles not to be violated or broken under any reason or circumstance, as

follows: -

1: Not to kill aged men.

2: Not to kill young infants.

3: Not to kill women.

4: Not to be dishonest about booty.

5: Not to mutilate the dead bodies of the enemies.

6: Not to bring harm to the trees or burn them with fire.

7: Not to slay any of the enemy’s flocks and finally

8: Not to cause any harm to those people who devote their lives for to monastic services.

(AMNA AKBAR)

CHALLENGES AND OPPORTUNITIES

CHALLENGES
Islamic international law, known as “Shariah” or “Islamic law,” contains principles and
guidelines that govern various aspects of conduct during times of war, known as “jihad.” There
are several challenges faced by Muslims during war as outlined within Islamic jurisprudence:

Protection of Civilians:
Islamic law emphasizes the protection of civilians during armed conflicts. It
prohibits the targeting of non-combatants, including women, children, the elderly, and those not

19
actively engaged in fighting. Deliberate harm to civilians and non-military infrastructure is
considered unlawful in Islam.

Treatment of Prisoners of War:

Islamic law prescribes humane treatment for captured combatants. Prisoners of war
(POWs) should be treated with dignity and provided with proper care, irrespective of their faith.
The mistreatment or torture of captives is prohibited.

Ethical Conduct in Warfare:

Islamic law sets forth guidelines regarding the ethical conduct of warfare.
Principles such as proportionality, necessity, and avoidance of excessive force are encouraged.
Destruction of crops, trees, and civilian properties, unless militarily necessary, is discouraged.

Declaration of War:
Islamic law stipulates that war should only be waged as a last resort and should be
declared by proper authority. It prohibits treacherous or deceitful methods to initiate hostilities.

Humanitarian Aid and Assistance:

Providing humanitarian aid and assistance to those affected by war,
irrespective of their faith, is encouraged in Islamic teachings. It is considered a duty to help those
suffering from the consequences of conflict.

Respect for Religious Institutions and Places:

Islamic law emphasizes the sanctity of religious institutions
and places of worship. Attacking places of worship or religious symbols is strictly prohibited.

Protection of Environment:
Islamic teachings emphasize the conservation and protection of the
environment even during times of war. The destruction of natural resources, such as cutting down
fruit-bearing trees or contaminating water sources, is discouraged.

20
Observance of Ceasefires and Peace Treaties:
Upholding agreements, ceasefire agreements, and peace treaties are
encouraged in Islamic law. It’s considered praiseworthy to seek avenues for reconciliation and
peace, even during times of conflict.

These principles are derived from Islamic sources such as the Quran, Hadith (sayings and actions
of Prophet Muhammad), and scholarly interpretations. However, interpretations and applications
may vary among different Islamic scholars and schools of thought. Adherence to these principles
often depends on the conduct and adherence to Islamic teachings by individuals and groups
involved in conflicts.

OPPORTUNITIES:
Islamic International Law, as derived from Islamic teachings, outlines certain
opportunities or principles that Muslims may have during times of war. These opportunities are
aligned with ethical, humanitarian, and legal standards as prescribed in Islamic jurisprudence:

Defensive War (Jihad):

Islamic law permits Muslims to engage in defensive warfare (Jihad) to protect
themselves, their community, and their faith when under threat or attack. Defensive war is seen as
a means of preserving the rights and freedoms of the Muslim community.

Self-Defense:
Muslims are entitled to defend themselves and their communities against aggression
and oppression. The right to self-defense is recognized and upheld in Islamic teachings.

Protection of Religion and Beliefs:

Islamic law allows for the protection of religious freedom and beliefs.
Muslims are granted the opportunity to defend their right to practice Islam and protect religious
sites, institutions, and symbols during conflicts.

Unity and Solidarity:

21
 War can offer Muslim’s opportunities to come together in unity and
solidarity. Islamic teachings emphasize the importance of unity among Muslims, especially in
times of adversity, to strengthen the community and support one another.

Martyrdom and Valor:

Islamic teachings regard acts of bravery, sacrifice, and martyrdom in defense of
justice and truth as noble. Muslims who sacrifice their lives while defending their faith or
protecting their community are considered martyrs in Islam.

Seeking Peace and Reconciliation:

Even in the midst of conflict, Muslims are encouraged to seek peace and
reconciliation. Efforts toward negotiation, mediation, and resolution of conflicts through peaceful
means are highly valued in Islamic teachings.

Protection of Rights:
Islamic law emphasizes the protection of the rights of all individuals, including
non-combatants, prisoners of war, and those affected by conflict. Upholding justice and fairness is
encouraged even during wartime.

Humanitarian Work and Charity:

Engaging in humanitarian work and providing charity to those affected
by war, regardless of their faith, is considered a virtuous act in Islam. Providing aid to the needy,
including refugees and internally displaced persons, is highly encouraged.

These opportunities reflect the ethical and moral principles within Islamic teachings that guide
Muslims in their conduct during times of conflict. It’s important to note that while these
opportunities exist, the application and interpretation of Islamic teachings in warfare may vary
among different scholars, contexts, and historical circumstances.

22
CONTEMPORARY RELEVANCE:
SEVERAL ISLAMIC COUNTRIES INVOLVED IN CONFLICTS:
Several Islamic countries have been or
were involved in conflicts, either internally or externally. However, the situation in various regions
can change over time. Some of the conflicts involving Islamic countries include:

Syria:
The Syrian Civil War, which began in 2011, involves various factions, including the Syrian
government led by Bashar al-Assad, rebel groups, extremist organizations like ISIS (Islamic State
of Iraq and Syria), and Kurdish forces. This complex conflict has caused significant humanitarian
crises and involved various international actors.

Yemen:
The Yemeni Civil War started in 2014 and escalated in 2015 when a Saudi-led coalition
intervened to support the government against Houthi rebels. The conflict has led to a severe
humanitarian crisis, including widespread famine and disease outbreaks.

Afghanistan:
The situation in Afghanistan has seen continuous conflict for decades, involving various
factions, including the Taliban, Afghan government forces, international forces (like the United
States and NATO), and other militant groups. The Taliban’s resurgence and the withdrawal of US
troops in 2021 significantly impacted the country’s stability and security.

Israel-Palestine:
The Israeli-Palestinian conflict is a long-standing and complex issue involving disputes
over territory, self-determination, and control. The conflict has led to multiple wars and ongoing
tensions between Israelis and Palestinians over land, security, and political rights

Libya:
Libya faced internal conflict and political instability following the overthrow of Muammar
Gaddafi in 2011. The country has been divided between rival governments and factions vying for
control, resulting in ongoing violence and humanitarian challenges.

23
Iraq:
Despite the defeat of ISIS in significant territorial battles, Iraq continues to face challenges
with sporadic violence, sectarian tensions, and the presence of various armed groups.

Nigeria:
In Nigeria, the Boko Haram insurgency in the northeastern part of the country has caused
widespread displacement and violence, with the government fighting against the extremist group
for control.

Myanmar (Burma):
While not an Islamic country per se, Myanmar has a significant Muslim minority,
including the Rohingya population. The Rohingya have faced persecution and violence, leading to
a humanitarian crisis and conflict within the country.

These conflicts vary in their causes, actors involved, and levels of intensity. It’s essential to note
that the situation in these regions is dynamic and subject to change due to geopolitical shifts, peace
negotiations, and various other factors.

How can we build effective peacebuilding strategies in Muslim communities?

Effective and lasting peacebuilding strategies and conflict resolution practices in Muslim
communities should be constructed within an Islamic framework. Strategies must acknowledge
Qur’anic evidence; other texts and narratives; the fields of jurisprudence, philosophy, and
theology; and the essential foundational doctrines, creeds, beliefs and practices of Islam. In
addition, specific cultural and socio-historical contexts must be factored in to peacebuilding
strategies.

What are the principles of Islamic peacebuilding?

Islamic peacebuilding efforts at all levels reaffirm five basic principles.
1. All of humanity has a common origin, and human dignity must be recognized and
respected, regardless of religion, ethnicity, or tribe.
2. The diversity among people encapsulates the richness of traditions.

24
 3. Muslims striving to improve the world must cooperate, collaborate and engage in dialogue
with others and among themselves to foster peace.
4. To be actively involved with one’s tradition means not to lead exclusivistic, hermetic lives,
but to be engaged with others in a respectful manner.
5. Practicing good deeds and striving toward justice must be present in everyday dealing with
all human beings.

These essential principles do not contradict Western conflict resolution approaches; rather, the
astounding similarities and overlapping themes among Islamic and Western peacebuilding efforts
create opportunities for more common ground in working toward ending conflict.
Islamic international law offers guidelines and principles regarding war not only in
conflicts involving Muslims against non-Muslims but also in situations where Muslim-majority
nations are engaged in conflict with one another. This set of principles largely aligns with the
broader Islamic laws of war, emphasizing ethical conduct, justice, and the protection of human
rights. However, the application and interpretation of these principles can vary within different
Islamic schools of thought and legal traditions.

When Muslim-majority countries are engaged in conflicts with each other, Islamic international
law would generally advocate for:

Prevention of Aggression:
Islamic teachings strongly discourage aggression between Muslim nations. The use
of force or aggression against fellow Muslim countries without just cause is against Islamic
principles. War should be avoided unless it is a matter of self-defense or to protect the rights and
freedoms of a nation.

Resolution through Dialogue and Diplomacy:

The emphasis on resolving disputes and conflicts through peaceful
means remains paramount. Muslim nations are encouraged to pursue negotiations, mediation, and
dialogue to find peaceful resolutions rather than resorting to armed conflict.

Ethical Conduct during Warfare:

In the event of armed conflict between Muslim nations, the same ethical and
humanitarian principles apply as in conflicts involving non-Muslims. This includes the protection
of civilians, the humane treatment of prisoners of war, and the avoidance of disproportionate or
unnecessary harm.

25
Mediation and Reconciliation:
Islamic teachings encourage seeking third-party mediation and
reconciliation efforts to settle disputes between Muslim nations. Resolving conflicts through
peaceful means and restoring harmony is seen as an important Islamic principle.

Respect for International Treaties and Agreements:

Upholding agreements, respecting treaties, and adhering to international
law principles are encouraged among Muslim nations. Honoring commitments made through
treaties and international agreements is considered essential.

Judicial Resolution of Disputes:

Islamic international law also encourages resorting to legal and judicial
mechanisms, such as international courts or arbitration, to settle disputes between Muslim majority
nations. It’s crucial to note that while Islamic international law provides guidance, the political,
social, and historical contexts often heavily influence the actions and decisions of nations,
including Muslim majority countries. Consequently, the actual application of these principles in
times of conflict among Muslim nations can vary significantly. Political interests, power dynamics,
and geopolitical factors might override the adherence to ethical principles in some instances.

(ROHMA)

KEY FINDINGS
1- Islamic international law, rooted in Shariah or Islamic law, articulates key principles for
conducting war or jihad.
2- Challenges faced by Muslims in armed conflicts include the imperative to protect civilians,
treat prisoners of war humanely, and adhere to ethical conduct in warfare, emphasizing
proportionality and necessity.
3- The necessity for a formal declaration of war, its proper authority, and adherence to ethical
standards underscores the Islamic approach.
4- Humanitarian aid and respect for religious institutions are central, along with the
prohibition of environmental harm.
5- Ceasefires and peace treaties are encouraged, reflecting a commitment to reconciliation.
6- Opportunities within Islamic international law provides a framework for defensive war
(Jihad), self-defense, and the protection of religious beliefs.
7- The emphasis on unity, martyrdom, and the pursuit of peace underscores the broader ethical
and moral principles.
8- These principles are not in contradiction with Western conflict resolution approaches,
offering potential common ground.

26
 9- In conflicts between Muslim-majority nations, Islamic international law advocates for the
prevention of aggression, resolution through dialogue, ethical conduct, mediation, and
respect for international treaties.
10- In contemporary contexts, Islamic countries like Syria, Yemen, and Afghanistan grapple
with complex conflicts, necessitating effective peacebuilding strategies rooted in an
Islamic framework.
11- Principles of Islamic peacebuilding underscore human dignity, cooperation, and the pursuit
of justice, providing common ground with Western approaches. The dynamic and evolving
nature of conflicts requires nuanced considerations, acknowledging cultural and historical
contexts.
12- The findings highlight the relevance of Islamic principles in guiding ethical conduct during
war, promoting humanitarian values, and fostering opportunities for peacebuilding within
Muslim communities.

CONCLUSION
In conclusion, the exploration of Islamic international law and its application in times of war
provides valuable insights into the ethical, legal, and humanitarian considerations within the Islamic
framework. The challenges faced by Muslims in armed conflicts, such as the protection of civilians, ethical
conduct in warfare, and the declaration of war, underscore the emphasis on justice and proportionality.

The opportunities outlined in Islamic international law, ranging from defensive war and
self-defense to unity, martyrdom, and the pursuit of peace, reflect a nuanced approach that aligns
with broader ethical and moral principles. These principles, while rooted in Islamic teachings,
demonstrate a compatibility with Western conflict resolution approaches, offering potential
common ground for collaboration.
The contemporary relevance of these principles is evident in conflicts involving Islamic
countries like Syria, Yemen, and Afghanistan, emphasizing the need for effective peacebuilding
strategies within Muslim communities. The principles of Islamic peacebuilding, anchored in
human dignity, cooperation, and justice, provide a foundation for fostering reconciliation and
addressing the complexities of conflicts.
It is crucial to recognize that the interpretation and application of these principles may
vary among different scholars, contexts, and historical circumstances. Nonetheless, the
overarching message is one that promotes humanitarian values, the protection of human rights,
and the pursuit of peace even in the midst of conflicts. This study reinforces the importance of
understanding and incorporating Islamic principles into broader discussions on international law,
conflict resolution, and peacebuilding.

(AIMEN MANSOOR)

27
Bibliography
1- Ahmad, Nehaluddin, Gary Lilienthal, and Siti Sara Ahmad. 2023. "Islamic Law of War and
Contemporary International Humentarian Law: Discrimination and Proportionality." journal of
East Asia &International Law 16.

2- al-Dawoody, Ahman. 2017. "IHL and Islam: An overview." International Committee of the Red
Cross. March 14. Accessed december 31, 2023. https://blogs.icrc.org/law-and-
policy/2017/03/14/ihl-islam-overview/.

3- Ashraf, Arshad. n.d. "Islamic and Conventional CG Convergence or divergence." 2.

4- Dr Ahmed al-Dawoody, Dr Nedim Begović, Dr Zehra Alispahić, Dr Mustafa Hasani, Dr Senad

Ćeman, Amir Mahić. 2020. ISLAMIC LAW AND INTERNATIONAL HUMANITARIAN LAW. Sarajevo:
Faculty of Islamic Studies - University in Sarajevo.

5- 2009-08-13. "Islam and war." BBC.

6- NAQVI, ALI RAZA. n.d. "LAWS OF WAR IN ISLAM ."

7- THOMAS, TROY S. n.d. "Jihad’s Captives: Prisoners of War in Islam ."

28