Abstract:

Throughout human history, numerous wars have taken place for various reasons, with civilians being the group most affected. Despite war being a highly undesirable phenomenon, it is important to ensure minimal impact on civilians in the event of its occurrence. Therefore, legal regulations are necessary to determine the appropriate level of conflict or attack. It is crucial to establish the form and extent of legal penalties for those who breach these regulations. Such measures help guarantee safety and protection of life and property, particularly for civilians. One of the most significant threats to civilians during wars is their use as "human shields," as historical records illustrate. Islamic law has established legal regulations that differ from other laws with regard to the type and extent of operations that can be performed against civilians who are being used as human shields. Sects have attempted to formulate provisions under their own procedures by considering the practices of Prophet Muhammad (PBUH) in wars. It is natural for there to be variations in interpretations and approaches among sects or jurists with regard to this issue. Due to variations in technology and geographical context during the time frame in which jurists lived, differences in conflicts and wars have arisen. This study will examine the viewpoints of the four madhhabs regarding the rightful boundaries for operations against human shields.

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