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The Protection of Women and Children in Islamic Law and International Humanitarian Law: A Critique of John Kelsay”, Hamdard Islamicus, XXV (3) (July-September 2002), pp. 69-82
Hamdard Islamicus (2002)
  • Muhammad Munir, Dr., International Islamic University, Islamabad
Abstract

Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all the charges leveled by Kelsay, Donner, and others against Islamic jus in bello, the Prophet Muhammad (peace be upon him), Imam Al-Shafi'i, and Ibn Rushd. It is argued that international humanitarian law has endorsed the Islamic jus in bello.

Keywords
  • protection of women and children,
  • Islamic law,
  • International humanitarian law,
  • John Kelsay,
  • rebuttal of Kesay's claims
Publication Date
Summer July 31, 2002
Publisher Statement
The publisher allows dissemination of this work.
Citation Information
Muhammad Munir. "The Protection of Women and Children in Islamic Law and International Humanitarian Law: A Critique of John Kelsay”, Hamdard Islamicus, XXV (3) (July-September 2002), pp. 69-82" Hamdard Islamicus Vol. 25 Iss. 3 (2002)
Available at: http://works.bepress.com/muhammad_munir/10/