War and arm conflict and its effect on the human rights in Islamic law and international law: A comparative study in Yemen between 1980-2011M / Mohammed Ahmed Qasem Shaddad
This study aims to study and analyze the war and armed conflicts and their impact on human rights in Islamic and international law; The study also targeted the legality of war; pre-emptive war on terrorism; the main causes of the armed conflicts in Yemen and their impact on human rights; the ways...
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| Format: | Thesis |
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2016
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| Online Access: | http://studentsrepo.um.edu.my/6583/ http://studentsrepo.um.edu.my/6583/4/ahmad.pdf |
| Summary: | This study aims to study and analyze the war and armed conflicts and their
impact on human rights in Islamic and international law; The study also
targeted the legality of war; pre-emptive war on terrorism; the main causes of
the armed conflicts in Yemen and their impact on human rights; the ways to
resolve disputes by peaceful means; and the responsibility of states and the
media in fomenting wars; other objectives of the study include the
unresolved issues within the concept of war and their legitimacy in Islamic
and international laws. The researcher adopted an inductive approach as well
as the analytical and comparative methods, through which the legal materials
and the Islamic texts were analyzed, extrapolated and compared to each
other; in addition, the researcher included the research methods of
questionnaire and interview within the descriptive approach. The study
exposed the prohibition of war in Islamic law unlike the view of the ancient
scientists, as it is not considered justified safe when it is a defensive measure,
the prohibition of the killing of prisoners, and concluded the illegality of preemptive wars in international laws applied to fight terrorism in Yemen; other
findings of the field study in Yemen include: the fact that the main causes of
wars are political reasons and the struggle for power as confirmed by 78% of
the respondents’ opinions, followed by legal reasons; the economic reasons
ranked third. However, the study concluded that the major effects of wars on
human rights in Yemen are economic impacts as expressed by 96% of the
respondents, followed by the legal implications, then the social impacts,
whereas the health effects ranked last. Some of the most important
recommendations of the study comprise refraining from pre-emptive wars
carried out by some countries in order to maintain their national security and
protect their economic interests; the none violation of the sovereignty of
states including destructing their resources; the none monopoly of power,
achieving democracy in Yemen, working on an equitable distribution of
wealth in society and the need to rehabilitate, train and educate all employees
of the civil and military institutions on the importance of human rights in
peace and war; respecting the rights of prisoners and wounded; other
recommendations call for the respect of the freedom of expression and
criticism during the war and after it, the handling of the health and economic
effects of wars and resolving conflicts peacefully. |
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