The Ethics of War in Islam: A Comparative Jurisprudence Study  

The Ethics of War in Islam:
A Comparative Jurisprudence Study
 
Fatma Abdullah Saad Shawk.
Department of Comparative Jurisprudence, Faculty of Islamic and Arabic Studies for Female Students, Al-Azhar University, Cairo, Egypt
Fatmashawky.2057@azhar.edu.eg
 
Abstract:
The research aims to explain the close relationship between morality and Islamic wars, which needs to be clarified, especially in the contemporary time, in which the Zionist entity has committed – and is still committing - war crimes while Palestinian children, women, and the elderly in the besieged and isolated Gaza Strip are being subjected to genocide at the hands of the occupiers.  The policy of Islam in war is inseparable from morality. For Muslims, wars do not abolish honor in disputes, justice in treatment, or humanity in fighting. When it legislated and authorized war, Islam did not leave it without rules and regulations to control its practices, prevent excesses in evil, and return them to moderation. Rather, Muslims were keen to preserve civilized life everywhere, even if it is in the countries of their enemies.  In this research, the inductive, analytical, and comparative approaches have been followed in light of Islamic jurisprudence, while citing opinions of jurists and pointing out the preferred ones. The research is divided into an introduction, a preface, three sections, and a conclusion. The findings of the research include the following: not to resort to wars except after exhausting all peaceful methods; the nature of war in Islam is to repel aggression, lift injustice, protect rights; not to kill women, boys, the elderly, and monks, unless they have a positive role in war; and no to commit acts of treachery, maiming, looting and sabotage.