Introduction: The Liberal way of war: legal perspectives

Barnidge Jr., Robert P. (2016) Introduction: The Liberal way of war: legal perspectives. In: Liberal way of war: legal perspectives. Taylor and Francis Inc., London, pp. 1-12. ISBN 9781315556147

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Abstract

This chapter demonstrates that the broad compatibility between the Islamic law of qital and the law of armed conflict by examining the basic and general principles of both bodies of law. It discusses and compares the basic principles of the Islamic law of qital military necessity, distinction, proportionality, humanity and an obligation to accept offers of peace with similar basic principles of the law of armed conflict. The chapter uses Ali's translation of the Quran together with Usmanis 2008 translation. The practice of the Prophet Muhammad suggests that only force of a degree and kind that corresponds to what is necessary to achieve a legitimate military objective is permissible. Distinction is one of the basic principles of the Islamic law of qital. The primacy of Islamic law in Muslim states makes it all the more important to examine the compatibility between the law of armed conflict and the Islamic law of qital.

Item Type: Book Section
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 17 Feb 2022 11:20
Last Modified: 17 Feb 2022 11:20
Additional Information: Editorial
URI: https://pure.jgu.edu.in/id/eprint/1327

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