Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Rules Governing Prisoners of War from the Perspective of Muslim Jurists (Shi'a and Sunni): Conflict or Harmony??

Document Type : Original Article

Author
pardis islamic azad university
10.22034/jccj.2026.586615.1884
Abstract
A study of history reveals that war, violence, and bloodshed have been unavoidable realities of human existence. Efforts undertaken by reformers to confront this destructive phenomenon, which threatens both human life and human dignity, have not succeeded in eliminating war or rendering it obsolete. It may confidently be asserted that divine religions and religious reformers have been among the strongest advocates for the rejection of war and violence, particularly Islam and the Noble Prophet Muhammad (PBUH), the bearer of divine revelation who conveyed God's message to humanity, as well as the Prophet’s successors, the revered Imams (peace be upon them), who fulfilled and continue to fulfill the mission of guidance in its entirety.As a religion of peace and compassion, Islam has not remained silent regarding issues associated with war, including its objectives, foundations, and governing principles. Rather, drawing upon a historical legacy spanning more than fourteen centuries and taking into account the temporal and spatial circumstances of its formative period, Islamic law has adopted approaches that may be regarded as pioneering in relation to contemporary international legal norms in this field.Employing a descriptive-analytical and comparative methodology, the present study seeks to answer the following question: What is the nature of the relationship between the opinions and legal views of Muslim jurists, both Sunni and Shi'a, concerning the treatment of prisoners of war? The findings suggest that although Muslim jurists generally agree on the fundamental rights of prisoners of war, certain disagreements exist regarding the legal rulings applicable to them. While Islamic jurisprudence offers diverse approaches to the treatment of prisoners of war, it must be emphasized that decisions concerning their fate have, at all times, been entrusted to the legitimate government and competent authorities. Furthermore, it should be recognizedthatno prisonerofwar underanycircumstances,becomesthepersonalpropertyor captive of the individual or group responsible for hiscapture.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 06 August 2026

  • Receive Date 13 June 2026
  • Revise Date 03 August 2026
  • Accept Date 06 August 2026
  • Publish Date 06 August 2026