اتفاقية جنيف الرابعة في ضوء مبادئ وأحكام الشريعة الإسلامية

Abstract

Allah Almighty created the creation and made them various nations, so differences and wars broke out between them. Therefore, they needed to codify the relations between the different nations and societies in the event of war - especially – Allah Almighty legislated Islam and made it the last of the laws and messages. It codified for people what is suitable for their religion and their world and legislated things that are suitable for a relationship between the Muslim and Allah, what is right for its relationship with its society and what is right for its society’s relationship with other societies. Modern European Bodies and Organizations came and developed laws and enacted state agreements that legalize the relationship between states in the event of war and among these agreements is the Fourth Geneva Convention that aims to protect civilians in warring countries. The research problem is about studying the Fourth Geneva Convention and its articles and provisions that talk about targeting and protecting civilians and what came in the provisions of Islamic jurisprudence and highlighting aspects of agreement and differences between what was stated in the Convention and what was stated in the provisions of Islamic jurisprudence. The research aimed to: illustrate the importance of the Fourth Geneva Convention in international law, present the protection provided by the Fourth Geneva Convention for different categories of civilians from the scourge of war and present the rules established by Islam to protect civilians from the scourge of war. It also explains the comparison by and between the Fourth Geneva Convention and the rules and provisions of Islamic law in protecting civilians from the scourge of war. It reached results, the most important of which are: the scope of protection in the Fourth Geneva Convention for civilians is limited to the nationals of the State regulating or signing the Geneva Convention. The rules and provisions of Islamic jurisprudence related to the subject of the research are distinguished from the rules and provisions of the Fourth Geneva Convention in that the penalty for violating it entails two penalties at the same time: a worldly penalty and an otherworldly penalty. It is also one of the fundamental differences between the provisions of Islamic jurisprudence and the provisions of the Convention that the provisions and rules of jurisprudence include more than one reason for protection from being targeted in times of war. Liability contracts, covenants, security and Islam are all descriptions that entail the protection rule in the Sharia. Civility, with its legal and legitimate conditioning and non-combat, is a description that entails the protection rule for people as well. The Islamic Sharia guarantees protection for all groups not involved in the conflict.

Keywords: Geneva Convention - Islamic Sharia - international laws