Alhamadin, Yousef Y K and Elshobake, Mohammed R M (2024) Harmonisation of shari’ah and international humanitarian law rules for the protection of Palestinian journalists in armed conflicts. In: Harmonisation of Shari‘ah and Civil Law: Progress and Achievements. Centre for Islamisation (CENTRIS), International Islamic University Malaysia (IIUM), pp. 268-285.
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Abstract
The primary aim of harmonisation is to foster harmony between Shari’ah and Civil law. It does not entail a complete merging of these two legal systems but rather involves reconciling certain fair differences in specific areas of Shari’ah and Civil law. Harmonisation becomes necessary between Shari’ah and international humanitarian law, particularly when there are deficiencies in international humanitarian law regarding the protection of civilians. This paper will discuss the harmonisation of Shari’ah and international humanitarian law rules for the protection of journalists in armed conflicts. International humanitarian law categorises journalists as civilians and establishes legal regulations to protect them, while Islamic law is similarly committed to protecting civilians during armed conflicts against any form of violation. The research methodology is doctrinal, where several Shari’ah and legal documents will be explored for relevant texts in achieving the objective of this paper. The findings showed that harmonisation between Shari’ah and international humanitarian law regarding the protection of Palestinian journalists during armed conflicts is a complex and ongoing process that demands meticulous consideration, dialogue, and cooperation. While there might be similarities and shared objectives between the two legal frameworks, differences in sources, interpretations, and enforcement mechanisms also exist. This paper's value lies in proposing recommendations to enhance current laws, ensuring better protection of the rights of Palestinian journalists and media professionals, and establishing effective mechanisms to penalise perpetrators of violations against journalists.
| Item Type: | Book Chapter |
|---|---|
| Uncontrolled Keywords: | Harmonisation, Shari’ah, IHL, Palestinian journalists, legal protection. |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) J Political Science > JX International law K Law > K Law (General) K Law > K85 Legal research |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law |
| Depositing User: | Dr. MOHAMMED R. M. ELSHOBAKE |
| Date Deposited: | 19 Dec 2024 11:34 |
| Last Modified: | 19 Dec 2024 11:34 |
| URI: | http://irep.iium.edu.my/id/eprint/116781 |
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