To address these interlinked questions, the study departs from the premise that in order to identify resemblance, it is necessary to enquire into the foundations (both legal and philosophical) of the Islamic and contemporary approaches vis-à-vis armed conflicts. To this end, it raises the question as to whether the Islamic law of armed conflict is compatible with its modern counterpart, and, if it is, to what extent. ![]() This paper seeks to compare and contrast the Islamic law of armed conflict with the modern international humanitarian law (IHL), with the view of identifying foundational similarities between these two (historically and culturally) separate canons, drawing extensively from al-Siyar al-Kabir, a major work on the Islamic law of nations by Muhammad al-Shaybani, an influential Hanafi jurist known as one of the Imamayn (two imams), a term referring to two most important disciples of Imam Hanafi, the founder of the Hanafi school of jurisprudence. ![]() This paper compares and contrasts the Islamic law of armed conflict with the modern international humanitarian law, with the view of identifying foundational similarities between these two separate canons, drawing extensively from al-Siyar al-Kabir.
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