International Humanitarian Law, Islamic Law of War and Protection of Women in an Armed Conflict

Abstract

The study aims to provide a comparative analysis of two distinct systems of Laws protecting women and Children during wartime. The study employs doctrinal legal research methodology to compare the Laws provided in Islamic Law and that in International Humanitarian Law. Islam is a religion of all times and deals with every walk of life. In armed Conflicts, civilians and most importantly, women become the victim of atrocities and aggression. Islam under its primary sources provides a comprehensive set of guidance regarding the limitations of wars and the protection of non-combatant women. Holy Prophet (PBUH) strictly prohibited the notion of aggression, particularly among the underprivileged. During that primitive era, the guidance of Islam prevailed and set an example for the drafters of International Humanitarian Law. Subsequently, International Humanitarian law also provides a comprehensive set of rules for the nations regarding the protections and safeguards of women and children during warfare. These rules overlap with Islamic principles and there are many similarities. Unfortunately, the researcher observed blatant violations of such principles in recent times. The implementation mechanism is found to be irresponsive and ineffective. Thus the study concluded that the protections of non-combatant women provided in Islamic law and International Humanitarian law must be ensured by every state during an armed conflict and International organizations must ensure the enforcement mechanism.