War damages in Sudan between jurisprudential treatment and legal frameworks: an integrative study. أضرار الحرب في السودان بين المعالجة الفقهية والأطر القانونية: دراسة تكاملية

Gasmelsid, Saadeldin Mansour and Ali Mansur, Tariq Uthman (2026) War damages in Sudan between jurisprudential treatment and legal frameworks: an integrative study. أضرار الحرب في السودان بين المعالجة الفقهية والأطر القانونية: دراسة تكاملية. International Journal of Fiqh and Usul Al-Fiqh Studies, 10 (1). pp. 147-160. E-ISSN 2600-8408

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Abstract

This study aims to examine the war damages in Sudan from two complementary perspectives: the fundamental jurisprudential perspective, based on the texts of Islamic law and its objectives to protect life, property, and infrastructure; and an analytical legal perspective, based on Sudanese national legislation and relevant international agreements. The problem with the research lies in the absence of a comprehensive approach that balances the legal reference and the legal framework for addressing the damages caused by wars, as well as the weak practical implementation of the laws in force in Sudan and ensuring compensation for those affected. The methodology of the study is based on a descriptive-analytical approach, in addition to a comparative approach between Islamic jurisprudence and international law, with an analysis of cases from the Sudanese reality as an applied accounting of damages. The most important findings of the study are: first, there is agreement between Islamic jurisprudence and international law on prohibiting attacks on lives and property in the context of conflict; second, there is a significant gap between the legal frameworks adopted and the actual reality in Sudan in terms of implementation and compensation; third, the study emphasizes the importance of transitional justice and national reconciliation as mechanisms for rebuilding society and promoting social peace.

Item Type:	Article (Journal)
Uncontrolled Keywords:	War, Sudan, law, jurisprudential treatment, legal frameworks.
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Qur’an and Sunnah
Depositing User:	DR Saad Eldin Mansour
Date Deposited:	02 Apr 2026 09:23
Last Modified:	02 Apr 2026 09:23
Queue Number:	2026-03-Q2652
URI:	http://irep.iium.edu.my/id/eprint/128063

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