1
Department of Jurisprudence and Principles of Islamic Law, University of Qom, Qom, Iran
2
Department of Criminal law, Maybod University, Yazd, Iran
10.22034/j.miu.2022.7834
Abstract
International humanitarian law is a legal factor that prohibits and limits the parties to international conflicts, which, without the legitimacy of resorting to force, tries to reduce the side effects of conflicts. The current research was carried out using a descriptive-analytical method to investigate the feasibility of paying attention to the family during armed conflicts and inferring the rights to support the family in conflicts. For this purpose, research information was collected from written sources in the field of law. The findings showed that the family, as an independent institute, is not a subject supported by the international assemblies and their normative and procedural measures, but in some existing international documents, one can find small but important requirements in supporting the family during armed conflicts. That is the reason why in Islam, the theory of humanitarian rights oversees the family. In addition, the results showed that humanitarian rights related to the family can be presented, some of which limit and prohibit armed conflicts, such as the right to birth. Some of these rights also have a compensatory nature, such as the right to access corpses or the right to know the truth.
Raghebi, M. A. , Aghainewad, S. and Khudabandeh, D. (2023). Family right during international armed conflicts with an emphasis on international Islamic humanitarian law. المصطفی عربی, 4(5), 319-348. doi: 10.22034/j.miu.2022.7834
MLA
Raghebi, M. A. , , Aghainewad, S. , and Khudabandeh, D. . "Family right during international armed conflicts with an emphasis on international Islamic humanitarian law", المصطفی عربی, 4, 5, 2023, 319-348. doi: 10.22034/j.miu.2022.7834
HARVARD
Raghebi, M. A., Aghainewad, S., Khudabandeh, D. (2023). 'Family right during international armed conflicts with an emphasis on international Islamic humanitarian law', المصطفی عربی, 4(5), pp. 319-348. doi: 10.22034/j.miu.2022.7834
CHICAGO
M. A. Raghebi , S. Aghainewad and D. Khudabandeh, "Family right during international armed conflicts with an emphasis on international Islamic humanitarian law," المصطفی عربی, 4 5 (2023): 319-348, doi: 10.22034/j.miu.2022.7834
VANCOUVER
Raghebi, M. A., Aghainewad, S., Khudabandeh, D. Family right during international armed conflicts with an emphasis on international Islamic humanitarian law. المصطفی عربی, 2023; 4(5): 319-348. doi: 10.22034/j.miu.2022.7834
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