The Islamic law of Qital and the law of armed conflict: a comparison

Shah, Niaz A.

Abstract

Although the origin and history of the Islamic law of qital, that is, the Islamic jus in bello, and the law of armed conflict are different, both of these bodies of law share the ultimate aim and objective of minimising unnecessary human suffering.1 Islamic law, furthermore, can complement the law of armed conflict at national and regional level. Although these two bodies of law are generally compatible, there are areas that are less clear, such as rules on naval warfare. These are the ‘grey areas’ of Islamic law. There are also aspects of the law of armed conflict that Islamic law does not cover at all, such as air warfare and the use of such weapons as nuclear weapons. These can be called the ‘blind spots’ of Islamic law.

Citation

Shah, N. A. (2016). The Islamic law of Qital and the law of armed conflict: a comparison. In R. P. Barnidge, Jr. (Ed.), The Liberal Way of War: Legal Perspectives (213-238). Routledge. https://doi.org/10.4324/9781315556147

• Online Publication Date: Mar 14, 2016
• Publication Date: Mar 3, 2016
• Deposit Date: Dec 19, 2014
• Journal: The liberal way of war: legal perspectives
• Publisher: Routledge
• Peer Reviewed: Not Peer Reviewed
• Pages: 213-238
• Book Title: The Liberal Way of War: Legal Perspectives
• Chapter Number: 9
• ISBN: 9781409467397
• DOI: https://doi.org/10.4324/9781315556147
• Keywords: REF 2014 submission
• Public URL: https://hull-repository.worktribe.com/output/371070
• Contract Date: Dec 19, 2014