![]() ![]() More than a millennium before the codification of the Geneva Conventions, most of the fundamental categories of protection which the Conventions offer could be found, in a basic form, in Islamic teachings.Islamic norms emphasize restraint and stress the importance of not doing more harm than is necessary to accomplish the goal at hand. This is the basis of the rules of war, which were first codified by Muslim jurist Mohammad Ibn al-Hassan al-Shaybani in the eight century AD. Jurists developed the Islamic law of nations – known as the siyar – to regulate the conduct with non-Muslim states during the rise of Islam. Islamic law is also shaped by commentaries and rulings, known as fatwas, by Muslim scholars. Scholars have translated these sources into a legal system through two recognized methods - Ijma Ulama, the unanimous consensus of scholars, and qiyas, analogical or deductive reasoning – which have themselves become sources of law. ![]() As such, “Islamic law is a jurist’s law,” says Andrew March, associate professor of Islamic law at Yale University. ![]() However, at times, these sources can be seen to contradict each other. The primary sources of Islamic law are the holy book, the Koran the teachings and practices of Prophet Muhammad, the Sunnah and the military conduct of the Caliphs and military commanders of the time.
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