الحقوق القانونية لأسرى الحرب: دراسة مقارنــة

Abstract

The study dealt with the protection of prisoners' rights. The study was limited to discussing the protection of prisoners in Islamic law and international humanitarian law, especially in the light of the many contemporary wars and the repeated violations of the rights of prisoners by the promotion of civilization and democracy in the countries of the vulnerable people. The problem of the study is the prosecution of prisoners of war because of their direct involvement in hostilities, where detention is not only a form of punishment, but only to prevent their continued participation in the conflict. The importance of the study stems from the originality of this subject in our true religion, since the dawn of Islam and the teachings of the Lord concerning the protection of the victims of war, although they are our enemies are clear and significant, sublime meanings. The importance of the study stems from several points, the most prominent of which are the many contemporary wars that led to the occurrence of thousands of victims and the emergence of many human catastrophes. The most prominent characteristic of this era has become human rights violations, especially after the wave of wars that swept the Islamic ... And is happening today in Afghanistan, Iraq and other Muslim countries. This study aims to define the prisoners of war in Islamic law, and to show evidence of legality of families, and wisdom, and the study aims to clarify the scope of protection prescribed to them under the provisions of Islamic law. The study pointed to a number of results, the most important of which are. The prisoners in the Islamic jurisprudence are: Combatant men of infidels if they fell into the hands of Muslims alive. The study recommended that the rights of the prisoners should be highlighted during wartime.