Barriers to criminal liability for war crimes perpetrators in Islamic jurisprudence

Abstract

The Islamic Sharia required that the perpetrator of the crime be aware and deliberate, choosing the rhythm of the crime in order to be qualified to bear the criminal responsibility for what he did, so the perpetrator must be sane, adult, and fully qualified. Responsibility because he is unaware of his actions, and the important question that needs clarification and clarification and is the focus of this research, what are: Barriers to taking criminal responsibility for the perpetrator of war crimes in Islamic jurisprudence? There is no difference in that whether these crimes are against the soul or what is below it in terms of organs, money or property, and the answer lies in the extent of the perpetrator’s awareness of the crimes he is doing, and this is what we will show in this research.

            The urgent and urgent need to clarify the provisions of Islamic law in relation to the rules and order of wars, and to clarify the jurisprudential provisions for the perpetrator of the war crime. As well as serving the victims of wars and their families, and clarifying the legal rulings related to them and facilitating their knowledge of them. This is our topic from the contemporary topics, despite the fact that its jurisprudential issues are scattered in the stomachs of the old jurisprudential books, but they needed to be arranged and produced in a beautiful way for the purpose of understanding them and assimilating their contents for people in general and the perpetrators of war crimes in particular.

            This research consists of an introduction, three sections, and a conclusion, in which we explain the definition of war crime and related concepts, as well as the types and elements of war crimes and barriers to taking criminal responsibility, and a conclusion in which we show the most important results and recommendations, and finally a list of sources and references that the researchers relied on.