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Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan


ISBN13: 9780415859639
Published: April 2013
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £53.99
Hardback edition , ISBN13 9780415563963



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This book compares the Islamic law of armed conflict and the international humanitarian law, before going on to practically apply these findings to the current conflicts in Pakistan and Afghanistan.

The book argues that although the origins and histories of Islamic and international law of armed conflicts are very different both regimes are to a great extent compatible.

The book will explore the details of the Islamic law of armed conflict examining its origins in the Koran, the sunnah, the hadith and views of classical jurists. In doing so Niaz Shah concludes that while the Islamic law of armed conflict certainly does not cover every aspect of current armed conflicts but the primary sources of Islamic law do not put any restrictions on carving out rules to cover modern developments in today’s armed conflicts.

The book will address the present situations in Pakistan and Afghanistan, examining the conduct of hostilities by all parties in the region including the Taliban, Al-Qaeda, the Pakistani and Afghan security forces and the US-led coalition forces and identifying violations of the laws of armed conflicts.

This book will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south east Asian studies.

Subjects:
Islamic Law
Contents:
1. Introduction

Part 1: The Islamic Law of Qital and the Law of Armed Conflict
2. The Islamic Law of Qital
3. The Islamic Law of Qital among Muslims
4. The Islamic Law of Qital and the Law of Armed Conflict

Part 2: The Armed Conflict in Pakistan
5. Fighting the Taliban: A Legal Perspective
6. War Crimes in the Armed Conflict in Pakistan

Part 3: Concluding Remarks
7. Concluding Remarks