Family Rights during International Armed Conflicts with an Emphasis on Islamic International Humanitarian Law

Document Type : Original Article

Authors

1 . Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Faculty Member of the University of Qom, Qom, Iran.

2 . Ph.D in Criminal Law and Criminology, University of Maybud, Yazd, Iran.

3 Ph.D Candidate in Jurisprudence and Fundamentals of Islamic Law, University of Qom, Qom, Iran

Abstract

International humanitarian law is a legal protocol that prohibits and limits the parties of international conflicts, which, without the legitimacy of resorting to force, tries to reduce the negative effects of conflicts. The current research is carried out in a descriptive-analytical way, to investigate the feasibility of paying attention to the family during armed conflicts and inferring the rights to support the family during such conflicts. For this purpose, research information was collected from written sources in the field of law. Investigations showed that the family, as an independent whole, is not a subject supported by international assemblies and their normative and procedural measures, but in some existing international documents, one can find small but important requirements in supporting the family during armed conflicts. This is while in Islam the theory of humanitarian rights is proposed with regards to the family. Similarly, the findings showed that humanitarian rights related to the family can be presented and that some of them can be used to limit and prohibit armed conflicts, such as the right to the human genome. Some of these rights also entail a compensatory nature, such as the right to have access to the bodies of the deceased or the right to know the truth.

Keywords

AL-MUSTAFA In Contemporary Islamic Thought
Volume 2, Issue 1 - Serial Number 2
Special Issue: Family From Islamic Perspective
May 2023
Pages 293-316

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