V Indonesian Journal of International & Comparative Law 571-606 (October 2018)
One of the most problematic and newsworthy topics relating to Islamic
law relates to the Jus ad Bellum of armed conicts: the topic of Jihad
in Islam. In reality, Islamic humanitarian law is no dierent from in-
ternational humanitarian law. In fact, “[t]he protection of human life,
property and dignity . . . are universal Islamic doctrines that predate
[international humanitarian law].”1 Islam is built on the humane treat-
ment of all people and, thus, Islamic humanitarian law does not allow
the iniction of pain and suering to exceed that of what is required
and is necessary during times of war. us, some have argued that the
father of international law, Hugo Grotius, was inuenced by early Is-
lamic thinking in his development of international law.2 Islam has strict
regulations that the Muslim nation must adhere to during times of war
of which the consequences of disobeying such rules leads one to hell-
re, which, for a Muslim believer, is a punishment much worse than
any worldly punishment.3 us, while many like to argue that the pun-
ishment for violations of war crimes under Islamic law are too lax, they
are anything but that.
e Qur’an is founded upon the most fundamental values of which
peace and human dignity are rst and foremost. Consequently, all
human lives are sacred, and through the guiding principles of necessity
and proportionality, Islamic humanitarian law seeks to conduct the
law of armed conict as justiably as possible. Similar to international
humanitarian law, then, there are situations in which the right to take
up arms is authorized under Islamic humanitarian law, and times that
the taking up of arms is prohibited. is paper will take both a historical
and contemporary approach in examining when Islam authorizes the
right to go to war.
1. Hadia Nusrat, International Humanitarian Law and Islam, RED CROSS (Jan.
24-25, 2005), http://www.redcross.int/EN/mag/magazine2005_1/24-25.html.
2. Abigail Watson, Western and Islamic laws are not so dierent, F F
P’ (Feb. 15, 2015), http://www.futureforeignpolicy.com/western-islam-
3. See Abdulrashid L. Haruna et al., War and Islamic Humanitarian Law: Apprai s-
ing Warfare and Distinction as a Principle in Hostilities, 4 I’ J. H. S.
S. 225, 232 (2014).