6. War Crimes in Islamic discipline

Abstract

War crimes are one of the crucial subjects in Islamic criminal law, which has been discussed in Islamic jurisprudence under various titles. This theme, in Islamic teachings, has been p roffered in different paraphrases and different types of examples; yet, warring factions attributed to Islam and Islamic countries are seen as the most human rights violators and perpetrators of war crimes that Western scholars/researchers believe that there are no rules of war in Islam, or if there are, they are not accountable; Therefore, the present article intends to discuss this issue in the mirror of Islamic teachings, in order to provide legal/juridical awareness of war crimes from the perspective of Islam for the warring parties. In this research, which is descriptive, with data collected from library has the following Important findings: The war crimes international criminal law pays attention to today, were dealt with by the religion of Islam 14 hundred years ago, and its examples and punishments have been expressed in various forms; The existing practices of Islamic countries regarding the rights of civilians and perpetrators of war crimes do not seem to be compatible with the nature and aim of Islam. Islam, whether in the Qur'an (as a written document of Islamic jurisprudence) or in the character of the Prophet (peace and blessings of Allaah be upon him) and his true followers, has always recognized the rights of civilians in war and emphasized the principle of separation. The non-observance of civil rights in war by Islamic countries is not due to the weakness or lack of rules and rights of war in Islam, but due to the weakness of the political structures of the Islamic world, even challangive for some Islamic countries to overcome this frailty.