Islam and the Law of Armed Conflict

Islam and the Law of Armed Conflict

Islamic Thought and Sources

Islam and the Law of Armed Conflict
Essential Readings

Author(s): Niaz A. Shah

Reviewed by: Gibril Fouad Haddad, Universiti Brunei Darussalam, SOASCIS

 

Review

The post-9/11 world has placed a momentous burden on academics of Islam and contemporary issues to shed light on the concepts of external and internal armed conflict (qital) in Islamic law, the conduct of the Muslim state in war and peace—including the treatment of foreign representatives, prisoners, rebels, outlaws, non-Muslim citizens—and the relationship between all of the above and the modern norms of international law. Islam and the Law of Armed Conflict: Essential Readings is a hefty anthology—alas, unindexed—of 33 articles averaging 26 pages each and covering essential aspects of these issues. All contents were published between 2001 and 2013 except three articles: Noor Mohammad’s 1985 ‘The Doctrine of Jihad: An Introduction’ in the Journal of Law and Religion; Mahmood Ghazi’s annotated translation of Muhammad al-Shaybani’s al-Siyar al-Saghir (originally published in 1998 and not 2004 as stated); and Maryam Elahi’s 1988 ‘The Rights of the Child under Islamic law: Prohibition of the Child Soldier’ in the Columbia Human Rights Law Review, published in the last year of the Iran-Iraq war in which hundreds of thousands of Iranian child inductees lost their lives. The articles are distributed into five sections of decreasing size, respectively: I. ‘Jihad:..


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