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Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by Ulama (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the Lesser jihad.
Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press. Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press.
Royal Islamic Strategic Studies Centre, Amman, Jordan. ISBN 978-9957-428-50-1. Joel Hayward (2017). "War is Deceit": An Analysis of a Contentious Hadith on the Morality of Military Deception. Archived 2019-01-30 at the Wayback Machine English Monograph Series – Book No. 24. Royal Islamic Strategic Studies Centre, Amman, Jordan. ISBN 978-9957 ...
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Acts of istishhad are governed by Islamic legal rules associated with armed warfare or military jihad. The rules governing jihad, literally meaning struggle but often called "holy war" by non-Muslims, are covered in exquisite detail in the classical texts of Islamic jurisprudence. [76]
Aside from the radical reforms of Islamic family law carried out in Tunisia (1956) and Iran (1967), governments often preferred to make changes that made a clear break from traditional Sharia rules by imposing administrative hurdles rather than changing the rules themselves, in order to minimize objections from religious conservatives.
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Islamic law and custom prohibited the enslavement of free dhimmis within lands under Islamic rule. [76] Taxation from the perspective of dhimmis who came under the Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes" [ 77 ] (but much lower under the Muslim rule [ 78 ] [ 79 ] ).