HUMANITARIAN OF ISLAMIC SHARĪ‘AH

Abstract

Islamic law was characterized by its humane nature in legislation as it is the seal of all heavenly laws.  This study aims to the following: Highlight the humane tendency in the legislation of Islam in times of peace and war. *Emphasize the validity of Sharia to rule humans in every time and space.*Point up the harmony of its provisions with human interests. *Show sharia's concern to those worldly interests that are legally considered. Through the study, I was keen on the scientific consolidation of the humane features in the provisions of Islamic Shari‘ah as one of its most prominent features through highlighting and analyzing ancient and modern texts of jurists based on legislative texts. I also provided some models that highlighted that humane tendency in times of peace and war. Then I evidenced by listing some of the applied models in the provisions of worship and other legal rulings of punishments and provisions organizing jihad, in times of war, starting from its philosophy and ending with the provisions regulating the conduct of hostilities. Through the study, I concluded to highlight the humane nature of Islamic law and the nobility of its message that preserves the human soul, humanity, and freedom in times of peace and war. This was demonstrated through the examples of worship concessions and delaying the imposition of punishment in order to consider humans circumstances. In times of war, the phenomenon of war was represented in Islamic law as an exception to the state of peace in the relationship between Muslims and others. However, the declaration of war is not to waste human value as much as it is to ward off the evil of aggression and stop the aggression to the extent necessary for that.