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Rules of Human Conduct in War in the Light of Islamic Jurisprudence and International Humanitarian Law

     The importance of the research lies in the description of war within the framework of international law and Islamic jurisprudence, the extent of its legality, and an attempt to highlight the legal value of the rules of human conduct in the war for which Islamic Sharia has established, and how it dealt with some categories of fighters (prisoners for example), and comparing it with the international conventions and treaties regulating this conduct in the field of international humanitarian law.

      As for the research problem, it is an attempt to establish the rules of human behavior in war, which came in The Hague Conventions (1899-1907) and the Geneva Conventions of 1949 and the protocols attached to them and rooting them with the provisions and rules that came in Islamic jurisprudence that control the rhythm of that behavior, and the possibility of reconciling between Islamic law and law International humanitarian law and to highlight the uniqueness of Islamic jurisprudence.

     The research concludes that many of the rules of human behavior stipulated in international treaties are derived from the spirit of Islamic jurisprudence, which was a forerunner in rooting and crystallizing the human nature of war, through its objective view of the state of war and the rules of human behavior in it, so we can say that Islamic Sharia preceded international law by many centuries, in establishing ideal rules of human behavior in war and in combat.

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Prohibition of Perfidy in International Humanitarian Law

This research id entitled "The Prohibition of Perfidy in International Humanitarian Law".  International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The Israeli and American challenges for Palestinian Refugees Return and the suggested mechanisms to confront it " Analyzing study in the light of rules of the international humanitarian law "

The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of National Committees in Applying International Humanitarian Law - Iraq as a Model

        In many countries there are national committees for the implementation of international humanitarian law that aim to advise and assist their governments in implementing international humanitarian law and spreading knowledge about it. The responsibility for the formation of these committees rests with the states, supported by the International Committee of the Red Cross, as one of the ways to ensure the effective implementation of international humanitarian law. The national committees for international humanitarian law seek to urge governments to implement and ensure respect for international humanitarian law and to contribute to its enforcement and dissemination at the national level.

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Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
Extent of the Legality of the Use of Drones in International Humanitarian Law

Rules of international humanitarian law establish restrictions on parties to armed conflicts in the their choice of weapons, means and methods of warfare. States when develop or acquire new weapons should verify that it complies with these rules. Current progress by new technology indicates that is very important to continue to assess the legality of new weapons.

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The legal system of found property- An analytical study in the English law with the Islamic jurisprudence and the Iraqi civil law

The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo

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Publication Date
Mon Sep 30 2019
Journal Name
College Of Islamic Sciences
The provisions of the monkey in Islamic jurisprudence

The provisions of the monkey in Islamic jurisprudence

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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
The shield And its provisions in Islamic jurisprudence

Since I live in a society in which violence has become widespread, and killing among its own people flared up till they began to kill under the excuse of taking shelter, in these pages I would like to explain the status of taking shelter in the light of Islamic Law (Sharia), exploring scholars’ opinions in the legitimacy or illegitimacy of this issue according to the legal standards.
And, to acquaint people, and myself in the first place, with the true nature and the gravity of this issue; to expose it to those who are unaware of it; to remind those who are already aware of it. I would refute the fabrications, remove the suspicions which surround it untill it made the forbidden permissible; the wrong right. I would explain to those

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Publication Date
Tue Mar 30 2021
Journal Name
College Of Islamic Sciences
The wisdom of establishing the right by testimony in jurisprudence and law

 

Abstract

Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that  is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .

And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.

However, the realization of the defects behind the legislation in a comprehensive way that realizes the dev

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Publication Date
Sun Sep 30 2012
Journal Name
College Of Islamic Sciences
Cases of infringement and its ruling on tort liability among Islamic jurisprudence

Praise be to God, Lord of the worlds, and prayers and peace be upon the most honorable of God’s creation, Muhammad bin Abdullah, the illiterate Arab prophet, the faithful, and his family and companions.
And yet ...

     The realistic view is that Islamic jurisprudence is not exaggerated in the judgment of compensation, so it is judged for everything that has been lost by the victim of a profit or his loss, but he takes into account the bearing of the guarantee between profit and loss or the principle on which the theory of bearing liability is found, and it is clear through research that Islam The principle of respecting money, souls and rights is considered a public order, but it may exclude some ca

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