International Humanitarian Law (IHL) is the law of armed conflicts
that aims to protect human rights even during warfare, and violations
by those nations or individuals under the law will lead to war crimes.
As there are questions on the relations between sharia and the Universal
Declaration of Human Rights (UDHR), debates exists also on whether it is
compatible with the IHL. The insistence on the inclusion of the word
“Islamic” (i.e. Islamic International Humanitarian Law (IIHL) suggests
that tensions between the IHL and the IIHL, or more precisely
interpretations of them, exist at least in theoretical if not in
practical fields.
Unfortunately, intellectual debates around the issue are not free from an apologetic approach in which both are understood in the light of “clash of civilizations”. This is understandable if we see the fact that two opposing models—traditional missionary and apologetic approaches—are still alive in Islamic studies. Rather than aiming at the substances, an apologetic approach is at the risk of uncritical, unscientific defense in an attempt to assert the superiority of Islamic civilization over the Western (Christian) one and vice versa. Another danger of such approach is its tendency toward romanticism in that sharia is considered as a “finished product” that is closed to new, contextual interpretations. Indeed, defined as ethical and moral principles, sharia is relevant with contemporary humanitarian law as it is comprised of values that are found also in the IHL such as respect for human dignity either as individuals or communities
Unfortunately, intellectual debates around the issue are not free from an apologetic approach in which both are understood in the light of “clash of civilizations”. This is understandable if we see the fact that two opposing models—traditional missionary and apologetic approaches—are still alive in Islamic studies. Rather than aiming at the substances, an apologetic approach is at the risk of uncritical, unscientific defense in an attempt to assert the superiority of Islamic civilization over the Western (Christian) one and vice versa. Another danger of such approach is its tendency toward romanticism in that sharia is considered as a “finished product” that is closed to new, contextual interpretations. Indeed, defined as ethical and moral principles, sharia is relevant with contemporary humanitarian law as it is comprised of values that are found also in the IHL such as respect for human dignity either as individuals or communities
Thus, I hope this blog can contribute to the discussion of Islam and IHL and other humanitarian issues. For those who has concern on humanitarian issues you can participate to enrich this blog. You can post your notes or experiences or whatever as long as it relates to our topics. Blog on this topics is still very rare and I really appreciate your contribution. To be posted in this blog, please send your draft to me at zenzaenal@gmail.com.
Zezen Zaenal Mutaqin, the editor, is lecturer at the Faculty of Syariah and Law UIN Jakarta. Graduated from UIN Jakarta (LLB 2006) Melbourne Law School (LLM 2010), Upgrading courses on International Crimal Law Utrecht University (Summer 2011), Research Fellow Leiden University (Summer 2011)
Any question please contact me
Blog ini diharapkan bisa memberi sumbangan pada diskusi Islam dan hukum humaniter internasional dan isu-isu kemanusiaan secara umum. Bagi siapapun yang memiliki perhatian pada isu-isu ini bipersilahkan berpartisipasi di blog ini. Anda bisa menyumbangkan tulisan berisi teori atau pengalaman terkait isu-isu kemanusiaan dan hukum humaniter internasional dengan cara mengirim email pada admin blog ini, yakni ke zenzaenal@gmail.com
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