Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia

Research Article

The Role of Islamic Law to Humanitarian Law

Download352 downloads
  • @INPROCEEDINGS{10.4108/eai.26-9-2020.2302584,
        author={Muhammad Taufan Badollahi and Nasaruddin  Mera and Muhammad Amin Hanafi},
        title={The Role of Islamic Law to Humanitarian Law},
        proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICETLAWBE},
        year={2020},
        month={12},
        keywords={role islamic law international law humanitarian law},
        doi={10.4108/eai.26-9-2020.2302584}
    }
    
  • Muhammad Taufan Badollahi
    Nasaruddin Mera
    Muhammad Amin Hanafi
    Year: 2020
    The Role of Islamic Law to Humanitarian Law
    ICETLAWBE
    EAI
    DOI: 10.4108/eai.26-9-2020.2302584
Muhammad Taufan Badollahi1,*, Nasaruddin Mera1, Muhammad Amin Hanafi2
  • 1: Shariah Faculty of IAIN Palu, Palu, Indonesia
  • 2: Law Faculty of Khairun University, Ternate Selatan, Indonesia
*Contact email: muhtaufanb6@gmail.com

Abstract

The purpose of this inquiry is to trace the blueprint of Islamic law and humanitarian law. The method used is library research using a heuristic approach, which is to trace and compile the principles and provisions of Islamic law in conjunction with humanitarian principles and provisions and then be analyzed by looking at the presence and links between the two legal systems. It is found that there are, at least, 228 provisions containing rules in humanitarian law. Of the 228 provisions, 198 provisions are -strongly presumed- influenced by Islamic law. Thus, quantitatively the percentage of the influence of Islamic law on humanitarian law can be determined by the formula: f/n x 100%. F is the frequency and n is the number of humanitarian law provisions containing rules. By this, Islamic law might play the role both as a formal source for humanitarian law and material one as well.