Islamic Humanitarian Law, an overview of ancient customs

Editorial | Republic Underground 

April 14, 2021 

Above image taken from the Q&A discussion of Islamic Humanitarian law with the Media VP of Timberwolf Phoenix LLC, Irina Tsukerman, lawyer and expert in Islamic and international law Abdulrahman Almutairi and his Arabic interpreter Kamil Alboshoka. 

Irina Tsukerman opened discussions, which launched just in time for Ramadan. Tsukerman led the Q&A with Abdulrahman Almutairi and his interpreter Kamil Alboshoka.

Almutairi began his translated response to Tsukerman’s questions with an Islamic blessing.

“Peace be upon the Messenger of God, our Master and Prophet Muhammad, and upon his family, companions, and those who follow him,” said Aboshoka, as he began, and then he started by translating Almutari’s lecture in Arabic, “International humanitarian law in Islam.”

The lecture began by explaining the Mohammed contemporary era of Islam and how researchers today observe humanitarian law at a time when it was not defined in the same manner that it is today.

“The ancient jurists in this region wrote this topic by writing to the realities of the life they lived and the culture that ruled their behavior and the wars and battles that Muslims fought in the past,” said Almutari, referring to the periodic context of humanitarian law.

He noted in his explanation that some of the Islamic Humanitarian laws are researched through what is described in writings about the Muslim history and culture, over the history of regional conflicts. Alboshoka relayed that modern interest in the ancient writings is shaped by the increased ugliness of the contemporary period, and of history’s recent violent episodes which appear to occur more frequently of late.

“Muslims in the era of the Companions, may God be pleased with them and His Messenger, may God’s prayers and peace be upon him, and another phrase or in other words about the reason for contemporary interest in cyclical law. Man is a multitude of contemporary wars that have destroyed their intolerable ugliness and ugliness. The direct cause of divorce is this law, which is war.”

Access the full Arabic-English language event below. 

 

The lecture then noted how different historical components have been observed to gauge what international humanitarian law is defined as in Islam. Factors such as military operations, combat conduct, and conflict aftermath such as the treatment of prisoners of war, are all observable attributes to define what the law of Islam is regarding humanitarian conduct.

“Refer to the legal evidence controlling the jihad of Muslims and the writings of the jurists in this field. We can know the international humanitarian law in Islam as a phrase of the practical Sharia rules and provisions that apply in the event of international armed conflicts, which aim to protect and maintain human dignity, human rights, and basic rights in the case of women.”

Almutairi then also relayed the context of media negativity regarding Islamic wars and history but noted that, if one were to read the histories, one would find that wars of Islam in antiquity show a history of humanitarian treatment of prisoners of war, and shows an example of this conduct during military campaigns.

Alboshoka had agreed with Almutairi every other group of sentences rather than every sentence to avoid delaying the lecture. Thus, Alboshoka then translated Almutairi’s lecture, explaining that, in the past, during the era of Muhammed specifically, the principles of humanitarian law did not exist. Alboshoka translated that the reason for developing humanitarian law had been developed because of the human devastation of the wars of recent years.

Almuitari then continued his lecture, explaining the context of humanitarian law in the Hadith.

“This is because the provisions of international humanitarian law in Islam are included in the chapter on jihad and marching among the chapters of jurisprudence, meaning that general international law is from this term of hadith in relation to it naturally,” said Almutairi.

“Human beings and also one of its characteristics is that its rules are binding on individuals and the ruling authority in that no one is excused for his ignorance,” said Almutairi.

Almutairi then explained how the humanitarian law of ancient Islam did not adhere to exceptionalism, but rather sought a balance between the groups. He noted that the system of Islamic law toward diverse demographics is suitable for the needs of the present day.