Document Type : Original Article
Authors
1 Fiqh and Fundamentals of Islamic Law, Theology faculty, Yazd University, Yazd, Iran
2 Department of Jurisprudence and Islamic Law, Theology faculty, Yazd university, yazd, Iran
Abstract
The development of humanitarian rights is an undeniable necessity. The need to formulate this important need of human society during conflicts is an inevitable outcome of war. As Article 48, Paragraph 2 of Articles 51 and 52 of the First Additional Protocol to the Geneva Conventions refers to the fact that attacks should only be carried out against military personnel. The following article, by examining library sources in a comparative-analytical way, aims to develop humanitarian actions from the perspective of the Islamic legal system. The issue is, which trades have support in Islamic and international law? In the Islamic legal system, with what characteristics are people protected and what acts cause people to leave immunity? Searches show that since the beginning, Islam has given special rights to people who are not involved in battles. The present study, by examining the persons who were supported in the narrative sources, reached the conclusion that Islam has supported all those who lack the "description of active action" in war. Immunity is waived only by "direct and indirect participation in the conflict" and "requirement of the principle of military necessity".
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