Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan

September 26, 2011 - 10:46am

Many INPROL members working in conflict zones often deal with legal issues around civil wars, the use of force by armed groups, and protections of individuals caught in armed conflict. These are governed by International Humanitarian Law. For those working in countries with where Islamic Law is applied, the issues of International Humanitarian Law are even more complex. Dr. Niaz A. Shah, an Islamic legal scholar and member of INPROL’s Rule of Law Council of Experts, has written “Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan”.

The main crux of Dr. Shah’s thesis in the book is that the Islamic law of qital (armed conflict) is compatible with the legal principles of International Humanitarian Law. To show that the two can complement each other, Shah first identifies the gray areas and gaps in the Islamic law of qital. He then explains how International Humanitarian law can contribute to the Islamic law of qital without violating the principles of either. Finally, he then applies the two principles to the armed conflict in Pakistan.

This is an informative read for members dealing with international humanitarian law and Islamic Law. To purchase the book, please click here.

For those interested in more books dealing with Islamic Law, Dr. Shah has also published “Women, the Koran and International Human Rights Law: The Experience of Pakistan”, in which he argues that gender discrimination in Islamic jurisdictions can be reformed through giving the Koran a contextual interpretation that provides for gender equality.