The Social Sciences
ISSN: Online 1993-6125ISSN: Print 1818-5800
Abstract
This study aims to discuss the issue of whether protecting children from being killed is an absolute order under Islamic law. It also discusses the extent of which children are allowed to participate in armed conflict. Finally, this study will analyze the provisions contained in international conventions regarding this issue. This study argues that the prohibition on killing children during war has various exceptional circumstances that allow them to be killed. However, neither example of the exceptional circumstances could be found in the exemplary life of the Prophet nor the sacred texts but solely depend on Muslim scholars interpretation. Then, the Muslim scholars views on permission to allow children as young as 15 years old to either be recruited or forced to be soldiers due to their maturity (baligh) is consistent with the provisions stated in Articles 38 (2) and (3) of the United Nations Convention on the Rights of the Child (CRC).
How to cite this article:
Mohd Al-Adib Samuri. Protection of Children During Wartime under Islamic Law and International Law Perspective.
DOI: https://doi.org/10.36478/sscience.2012.383.390
URL: https://www.makhillpublications.co/view-article/1818-5800/sscience.2012.383.390