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Islam and international humanitarian law

Published online by Cambridge University Press:  13 January 2010

Yadh Ben Ashoor*
Affiliation:
Professor at the Faculty of Law and Political and Economic Sciences of Tunis

Extract

Contemporary political analyses and studies concerning Islam often bear the mark of ethical values and judgements that obtain in the cultural context of the authors.

In this respect, two main tendencies can be discerned. The first, which we might call “Western-centred”, is to be found in the works of specialists in Oriental or Islamic studies who have been trained in the West and are thence impregnated with its culture. When analysing Islam, they judge it on the basis of the moral or political norms pertaining in the West. The second, which could be characterised as “apologetic”, generally finds its reflection in the writings of Moslem thinkers who, reacting against the first school's attacks on Islam, try to glorify it and, in particular, set out to identify in Islam all the cultural notions and inventions of the modern world, in other words, the Western world. According to this second school, Islam is, for example, the inventor and disseminator of democratic government, socialism, the separation of powers, human rights and humanitarian law.

Type
Research Article
Copyright
Copyright © International Committee of the Red Cross 1980

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Footnotes

1

Lecture given on 11 October 1979 during the African Seminar for Frenchspeaking countries on the dissemination of international humanitarian law, organized by the ICRC and the Tunisian Red Crescent in Tunis from 9 to 19 October 1979.

References

1 It should be noted that Islam sanctioned the existence of four sacred months during which it was illegal to wage war.