http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
دراسة مقارنة بين الشريعة الإسلامية والقانون الدولي الإنساني
Himayat al-Madiniyyin athna' al-tara'at al-maslahah
dirasah muqaranah bayn al-shari'at al-Islamiyah wa al-qanun al-dawli al-insani
International Islamic University Malaysia
[xii], 113 leaves : illustrations ; 30cm.
This study is designed to examine carefully the issue of protecting civilians during armed conflicts as discussed in Islamic Law and in International Humanitarian Law. The study gives special consideration to the comparison between general principles and rules of Islamic Law and International Humanitarian Law pertaining to situations of war and protection of civilians during armed conflicts. Furthermore, the study vehemently manifests the undeniable weakness International Humanitarian Law in this matter. After careful comparison, the study has discovered that the most crucial factor which differentiates between Islamic rules of war and rules of war under International Humanitarian Law is different sources of these rules. The former has The Revelation as its source while the later has human-made law as its source. Therefore, the study has pointed out the major areas where International Humanitarian Law can benefit from Islamic Law, the principles, rules and teachings of which are derived from The Divine Law (Qur'an and Sunnah) so as to actualize true protection of civilians during armed conflicts. Finally, the study has concluded by giving some findings of this research. The most important of them is that, the root causes for the instability within International Humanitarian Law is the overwhelming lack of independence which resulted in unfairness in its rules and judicial decisions. Human history and current war events are witnesses of this statement.
"بحث متطلب مقدم لنيل درجة الماجستير في الفقة (قسم الفقه وأصول الفقه)." --On title page.
Thesis (MAIRKFQ)--International Islamic University Malaysia, 2012.
Includes bibliographical references (leaves 99-113).