Genocide in Islamic Jurisprudence and International Law: A Jurisprudential and Legal Study
Publication Type
Original research
Authors

This study examines the crime of genocide in the light of Islamic jurisprudence and international law by exploring its definition, elements, manifestations, and the Islamic stance toward it. The research aims to highlight the areas of convergence and divergence between international legal frameworks and Islamic jurisprudence, emphasizing the comprehensiveness of the Qur’anic concept of corruption on earth (ifsād fī al-arḍ) as a broader term encompassing genocide and other forms of collective crimes. Employing jurisprudential, analytical, and comparative methods, the study concludes that Islam preceded international law in prohibiting and criminalizing genocide, and that Islamic punishments are more comprehensive and stringent as they combine worldly deterrence with divine accountability. Furthermore, the findings stress that the silence of individuals and societies in the face of genocide constitutes implicit complicity and entails moral and religious responsibility.

Journal
Title
مجلة العلوم الإسلامية
Publisher
الجامعة العراقية
Publisher Country
Iraq
Publication Type
Both (Printed and Online)
Volume
41
Year
2025
Pages
30