Islamic Concept of Just War and Laws of Armed Conflict (LoAC): A Contemplative Perspective towards Better Understanding of Jihad and Humanistic Dimensions of Islam

摘要

The prevalent reservations of the West about the Islamic idea of Just War and its Laws of Armed Conflict (LoAC) are mainly attributable to the lack of a clear understanding of Islam and cultural differences. Islam is explicit on the idea of warfare and its causative factors. It gives the highest value to human dignity in formulating its laws of conflict. The essence of the Islamic LoAC is found in the core values of controlled use of force, distinction between combatants and noncombatants, and a preference for peace. Islam does not condone persecution and injustice. Islamic laws on Jus ad Bellum, Jus in Bello, and Jus post-Bellum ensure the protection of basic human rights, and are the embodiment of a complete code of conduct in warfare. The diversity in the application of Islamic laws, which stems from differing interpretations that have been affected by the global political environment, is exemplified in the conduct of the ongoing anti-terrorist campaign in Pakistan. The conflict shows that the idea of Islamic LoAC condoning and justifying acts of terrorists is far removed from reality. Most Muslim nations like Pakistan have based their national constitutions on Islamic Jurisprudence, which demonstrates that the Islamic LoAC and International Humanitarian Law complement each other towards the attainment of the ideals of justice, peace, and the protection of human rights.