استخدام القوة العسكرية في النزاعات الدولية وفق القانون الدولي والشريعة الأسلامية

• Main Author: Osama Ibrahim A Sawan
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Subjects: aggressive purposes
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/17510

This research handled the principal of using military force according to the international law and Islamic Shariaa in addition to the extent of its legality, objectives and conditions. In addition, it illustrated the position of international law and Islamic Shariaa against a problem suffered by the world in the old and recent years: which is the use of military force opposite to the United Nations’ laws and the instructions of Islamic Shariaa. Moreover, the researcher determined and pointed out its concepts and required conditions as well as the infringements resulting from its use. Furthermore, the study stated the necessary legal and Islamic conditions to use the military force in addition to the extent of legality and illegality of using force with its all kinds; including the extravagant force. Finally, the study tried to find a unified Islamic sample go avoid mistakes in interpreting the Islamic Shariaa to apply and use the principal of military force. Therefore, the research deign of this study relied on the analytic descriptive, deductive and historic approaches. The findings of study showed a wrong use of military force with extravagance which may be considered opposite to the international law and Islamic Shariaa. Therefore, the use of military force should be under law and Islamic Shariaa. In addition, the Islamic and legal texts shouldn’t be utilized for aggressive purposes. Finally, there should be a unified Islamic reaction towards that.