PROTECTION OF THE WOUNDED AND SICK IN ARMED CONFLICT UNDER ISLAMIC LAW

Abstract

With armed conflicts taking place in so many parts of the world, the Islamic law of war is as indispensable as ever for the protection of civilians and other persons hors de combat. This research examines the protection of the wounded and sick during armed conflict under Islamic Law. The study discusses the position of Islamic law on the conduct of hostilities. The research shows that Islamic law is generated from the Holy Quran and the Sunnah. The study points out that Islamic law makes it clear that civilians and non-combatants must not be deliberately harmed during the course of hostilities. All fighting on the battlefield must be directed solely against enemy combatants under Islamic law. The research also examines the extent at which Islamic law provides for the sick and wounded during armed conflict. It was shown that the wounded and sick are to be respected and protected during armed conflict. However, the research showed that the activities of Boko Haram sect and other Islamic insurgent groups who claim to support Islam have disregarded these rules. The research points out that these killings and captivities are not justified under Islamic Law. It therefore recommends that more effective and efficient enforcement mechanisms need to be provided to back up Islamic Law on the protection of the sick and wounded, which are now seriously threatened by some powerful Islamic nations. The research therefore concludes that there should be awareness, regarding the position of Islamic Law of war on the protection of the sick and wounded, to Islamic jurists, authors and other leaders who misinterpret this aspect of Islamic law.

Identifiers

Resource ID

urn:uuid:1c69ce42-dffb-4459-ad92-466c25d323ae