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35th International Islamic Unity Conference

A Comparative Study of the Ethics of War in the Light of Islamic Jurisprudence and the Geneva Conventions

Ayub Shafiepour

War is not a new phenomenon; But there has always been war since mankind. Human history has shown that war, bloodshed, killing and murder due to human greed and power have been an integral part of human beings and throughout history, millions of innocent people from women to the elderly and children have been killed because of these wars. In the holy Sharia of Islam and consequently Islamic jurisprudence for war, there are rules that if everyone adheres to it, in war only the intended target will be hit and children, the elderly, civilians, captives, animals, water and food will not be attacked and war will not turn into a catastrophe. Many years and years after the enactment of humanitarian laws in Islam, human beings came up with the idea of ​​enacting laws for military conflicts, one of which is the four Geneva Conventions. The present study, in the light of describing and analyzing the propositions of the jurisprudence of different Islamic religions and the Geneva Conventions, has collected library data in explaining the laws and expressing the ethics of war. It has implemented the four Geneva Conventions. In the section on the situation of civilians in war, it deals with the rights of women and children, the rights of clerics and religious leaders, civilian men and the elderly, ambassadors and envoys of different countries, and in the section on the situation of the military, the rights of prisoners of war. Also, issues such as the prohibition of the use of chemical weapons and mass destruction, the prevention of the mutilation and burning of corpses, the prevention of damage to public properties, and the prevention of damage to nature such as animals and trees have all been addressed in a comparative manner. The results show that these types of actions are forbidden in both Islamic jurisprudence and international humanitarian laws. Finally, the results indicate that Islamic laws about war are in consistence with international humanitarian laws, such as the four Geneva Conventions, and Islamic and non-Islamic governments can prevent human catastrophe in wars, or even prevent such wars from happening in the light of these humanitarian laws and bring peace to the people.

Ethics, war, humanitarian laws, Islamic jurisprudence, the four Geneva laws, peace.