Abstract

This study deals with several etiquettes of war stipulated in Hanafi jurisprudence and international humanitarian law. Moreover, this study aims to show the contribution of Hanafi jurists to jurisprudence related to international humanitarian law, such as provisions related to the protection of civilians, the restriction of the warring parties’ freedom to choose methods of war, and the protection of military victims.

As for the approach that was adopted in dealing with the issues of this study, it is represented in the descriptive, deductive, and comparative approaches.

In this study, I concluded several results that show the agreement between international humanitarian law and the Hanafi jurists on the need to protect the victims of armed conflicts from the scourge of war, and to restrict the use of war methods in a way that does not contradict with values and morals.

One of the recommendations of this study is to invite researchers and those interested in international humanitarian law compared to Islamic law, not to be limited to the generalities of Islamic law, but rather deepen the means of comparison to the level of jurisprudence schools because of the pioneering jurisprudence that it contains.
 

Keywords

Etiquette of war, Hanafi jurisprudence, international humanitarian law, military necessity, humanity.

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