İslam Savaş Hukuku’nda Ahlâkî Normlar
Authors: Kayahan Zelihanur 
Published: September 2023

War is a universal phenomenon and has existed in the life of humanity in every period of history. War has many economic, political, political, and religious reasons. In the religion of Islam, there are reasons such as glorifying the name of Islam, preaching, ensuring the freedom of religion and life, preventing the persecution of Muslims by their enemies, and protecting the land. Islam has developed a law of war in accordance with its own moral system. Our study aims to identify the moral norms in this legal system and explain those norms. This work is important to understand the moral norms envisaged by Islam and reflected in the warfare, and to analyze the applicability of these norms beyond the time of the Prophet, so that a moral roadmap can be designated for current and potential future wars. 69 verses of Qur’ān have been evaluated in the context of the subject and included in our study. In addition, chapters written under the titles of jihād, ghazā’, and Sirah in the works of scholars such as Bukhārī, Muslim, Abū Dāwud, Tirmidhī, Nawawī, Zabīdī, Aḥmad b. Ḥanbal, Ibn al-Athīr, Ibn al-Jazarī Chapters and provisions related to the war in the main fiqh books such as Multaqā al-Abḥur, al-Ikhtiyār, al-Mughnī, al-Mabsūṭ, al-Muvaṭṭa’ were examined. The scope of the subject is limited to the expeditions and wars made during the reign of Muhammad (saw). War was an important factor in the spread of Islam, the recognition of Muslims, and the formation of international law during the Medina period of the Nubuwwah/prophethood. The number of battles during this period was 27, and while the exact number of Sariyya/expeditions is impossible to decide, it is expected to be between 35 and 66. So, warfare covers a considerable part of the life of Muslims in that era. For that reason, many independent works authored in the Islamic law of war set the basics for the conditions required for war, the limitations of confrontations with the enemy, and the status of hostages and prisoners; by considering the verses and hadiths related to jihād. The law of war manifests itself under these headings regarding nations, states, and international law. According to the results obtained in our study, it is observed that Islam prioritizes peace, but war is also required and encouraged when necessary. Depending on the circumstances, Muslims can be the defending side or the initiator of the war. Islam’s approach to international law is neither a continuous state of warfare nor all peace; rather, it is a principle attitude determined and shaped by conditions and necessity. Even when a war is inescapable; basic norms and moral values have been respected, such as the value given to life and living things; the importance given to living with minimum harm principle; the immunity of life, honor, and the sacred; not going to extremes; prohibition of cruelty, torment, and torture; principle of Pacta Sunt Servanda; observance of and respect for basic human rights and freedoms. Although there were a few exceptions, it is established that these rules were mostly followed in the period of the Prophet. However, it is a historical reality that these rules were bent and interpreted according to the necessities of the era in some wars after the Prophet's death. Therefore, the applicability of the principles of Islamic law of war established in the works of authors of previous ages in current warfare situations should be revisited, reviewed, and discussed more systematically due to reasons such as the change in conditions by time, the diversification and globalization of wars, and the change of arms and materials used in wars with the development of technology.