The Possibility of Conciliation between International Humanitarian Law and Islamic Law of War: A Myth or Reality?

Abstract

The authenticity of both International Humanitarian Law and the Islamic Law of War has remained a topic of discussion among Western and Muslim scholars. The Western narrative has been criticizing Islamic Law of War as of brutal and unhuman character that does not complement with International Humanitarian Law, while Muslim scholars have named International Humanitarian Law as Western Humanitarian Law that does not consider various cultural and religious contexts. In the age of globalization, it is needed to reach conciliation between both the systems to save humanity suffering from the effects of conflicts. This study investigates compatibility between International Humanitarian Law and Islamic Law of War as to assess the possibility of conciliation between both the systems. The proponents of the theory of the conciliation between both the systems have been presenting the similarities between International Humanitarian Law and Islam. The opponents have been trying to point out the differences between International Humanitarian Law and the Islamic Law of War by considering the possibility of conciliation between both as a myth. This study looks to explore, the doctrinal as well as theoretical aspects of, the possibility of conciliation between International Humanitarian Law and Islamic Law of War by looking at differences and similarities in the nature, scope and prominent rules of both the laws.