Islamic Law and the Law of Armed Conflict: The Conflict in
Pakistan demonstrates how international law can be applied in
Muslim states in a way that is compatible with Islamic law. Within
this broader framework of compatible application, Niaz A. Shah
argues that the Islamic law of qital (i.e. armed conflict) and the
law of armed conflict are compatible with each other and that the
former can complement the latter at national and regional levels.
Shah identifies grey areas in the Islamic law of qital and argues
for their expansion and clarification. Shah also calls for new
rules to be developed to cover what he calls the blind spots in the
Islamic law of qital. He shows how Islamic law and the law of armed
conflict could contribute to each other in certain areas, such as,
the law of occupation; air and naval warfare; and the use of modern
weaponry. Such a contribution is neither prohibited by Islamic law
nor by international law.
Shah applies the Islamic law of qital and the law of armed
conflict to a live armed conflict in Pakistan and argues that all
parties, the Taliban, the security forces of Pakistan and the
American CIA, have violated one or more of the applicable laws. He
maintains that whilst militancy is a genuine problem, fighting
militants does not allow or condone violation of the law.
Islamic Law and the Law of Armed Conflict will be of interest to
students and scholars of international law, Islamic law,
international relations, security studies and south-east Asian
||Routledge Research in the Law of Armed Conflict
Niaz A Shah
||Electronic book text
International law >
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