The Principle of Reciprocity in War in Islamic Law and International Law: The Case of Killing Women and Children as an Example

Abstract

Objectives: This study aimed to clarify the concept of the principle of reciprocity in both international law and Islamic law, outline the rules for its application, highlight the differences between Sharia and law, and discuss the instances of reciprocity during peace and war.

Method: The study employed the inductive method by tracing the views of legal scholars, examining legal decisions, international conventions and treaties, and reviewing Sharia texts. It also used the descriptive method to define key concepts, provide supporting evidence, and demonstrate Sharia-based applications according to Muslim jurists.

Results: The study found that the principle of reciprocity is recognized in Islamic law, particularly in the field of international relations. However, international law has fallen short in regulating this principle, allowing states to wrongfully harm or attack each other while using reciprocity as justification.

Conclusion: Research and studies in the field of international relations in Islam should be given more attention to develop a comprehensive Islamic theory of international relations that addresses contemporary issues based on Islamic values. The principle of reciprocity should receive special focus, as it is a fundamental pillar in achieving justice in international relations.