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
studies.
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