Illegal warfare in Islamic jurisprudence as compared to international law

Abstract

Wars vary into several types and different forms, so this research came to show the types of wars in Islamic jurisprudence and international law, and differentiate between legitimate and illegal war in Islamic jurisprudence and international law through the motive and motive that leads to fighting and war.The problem of the research lies in explaining what is the legality of war in jurisprudence, Islamic law and international law. Explaining with examples of illegal war in Islamic jurisprudence and international law.The researcher followed the descriptive-analytical approach, explaining the concept of war in Islamic jurisprudence and international law, and then showing the types of war in Islamic jurisprudence and international law, and then clarifying the motives for war on both sides, and the practical examples of them.This research came in two sections: the first topic on the nature of war in Islamic jurisprudence and international law and its types, and the second topic on the motives of illegal war in Islamic jurisprudence and international law and its applications in reality.The researcher concluded that there is a difference between jurists and legal scholars in the definition of war, and that the motive and motive for war is what shows whether war is legal or illegal.