THE CONDUCT OF WARFARE IN ISLAMIC LAW AND INTERNATIONAL LAW: A COMPARATIVE STUDY

Warfare is just as bad as could be considered, but despite this fact, wars have been fought and shall continue in the future as well. War is an intense armed conflict between states and paramilitary groups characterized by the presence of violence, aggression, and destruction of life and property using military tactics. Even in such circumstances, the Islamic law as well as international law has described some fundamental rules, which shall be followed by the warring parties. This portion of law is known as the jus in bello, while the portion of the legal rules talking about the legitimacy of warfare is known as the jus ad bellum. The conduct of war is differently explained by Islamic law and the International Humanitarian Law. International Humanitarian Law can be defined as the body of laws governing the conduct of states during an armed conflict. The guiding principles of IHL arise from the need of placing limits on the conduct of warfare to diminish its damages. Whereas the Islamic law of war has been derived by the Muslim Jurists through the primary sources, the Holy Qur’an and Prophet Muhammad saw Sunnah. Secondary sources include early Islamic precedents, consensus between the jurists (Ijma), jurists’ rulings through analogy, and public interest (Al-Dawoody, 2017). Keywords: Conduct of Warfare, Jus in Bello, Jus ad Bellum, Islamic Law, International Law