Protection Guarantees of War-prisoners’ Rights and the Liability for the Violation thereof in Islamic Fiqh and International Law – A Comparative Study

Abstract

The study acknowledges the guarantees for the protection of war-prisoners’ rights and the liability for their violation in Islamic Fiqh and International Law, witnessing rising violent wars in which crimes are being committed against prisoners including execution, humiliation, bodily mutilation, torture, rape, sleep deprivation, starvation and other forms of oppression. The study is composed of four sections, followed by a conclusion. The first section highlights the definition of war-prisoners in Fiqh and international law, the second elaborates on their rights in Fiqh and international law while the third concerns the guarantees for the protection of war-prisoners’ rights in Fiqh and international law whereas the fourth highlights liability for violations in Fiqh and international law. The researcher employs the descriptive, analytical method while benefiting from the inductive method, as well.