Humanitarian Dimensions of the Islamic Law of War: The Case of Prisoners of War

Abstract

This qualitative study will be trying to explore the humanitarian aspects of Islamic law of war (Siyar) regarding prisoners of war (POWs) with the help of a comparison with international humanitarian law (IHL), especially the Geneva Conventions. Based on classical Islamic jurisprudence of the four major Sunni schools (Hanafi, Maliki, Shafi'i, Hanbali) and modern literature, this paper examines the convergence and divergence between Islamic and international legal rules involving treatment of POWs. By using a systemic analysis of primary Islamic sources, the Quran, Hadith, and works of classical jurists, and through comparing Geneva Convention III, this study finds a significant overlap in the principles of humanitarianism, and identifies methodological differences. Results indicate that the two systems have underlying similarities in their dedication to humane treatment, protection of civilians, and controlled disposal of prisoners, but these differ in the outcomes and permissible actions that can be implemented. This paper builds upon the literature of legal pluralism by showing that the classical Islamic standards of humanitarianism have directions for the modern POW protection debate. The study has important suggestions to harmonization of international law, military pedagogy in Muslim predominant countries and humanitarian interfaith dialogue.