Master of International Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract
The Jihad verdict in Islam has caused Islam to be known belligerent and warlike; Islam not only doesn’t agree with violence and war but also believes Jihad is a way to obtain the rights of the oppressed people by observing the specific conditions, and struggling against cruelty. Islam tries to control and limit the destructive effect of the war and fight in respect with clear principles and regulations. The lawyers̓ efforts in codifying and developing the Humanitarian Law and all the principles also considered by Islam and the governors of the Islamic territories also observed them as obligatory rules. The origin of the present Humanitarian Law also can be sought in the Islamic regulations. The present essay is an effort to find one of the origins of the regulations of the present Humanitarian Law on enforceable rules in the early era of Islam.