زرع الالغام و إزالتها في أحكام الفقه الاسلامي و القانون الوضعي

Abstract

The topic dealt with planting and removing mines between Islamic jurisprudence and statutory law, several aspects, including what is jurisprudential research, legal status, and the use of this traditional weapon. The study included a focus on the legality of war. Whether it is lacking in Islamic jurisprudence and statutory law from a technical point of view and the damage caused by mines and their specifications when used in armed conflicts, whether in times of war or peace or in the case of defense or aggression. This research deals with the legal aspect that is of great importance for specialists in positive law and which would help them to know the necessary procedures against those who violate special treaties and agreements. By attending or restricting mines, and on the other hand, he dealt with the jurisprudential aspect that is important in achieving the objectives of Islamic law and preserving the nation’s security and territorial integrity. Likewise, from the legal aspect, the importance of this study lies in tracking the international responsibility for planting mines and not removing them as war crimes, in Islamic jurisprudence, positive law, and compensation problems for their effects. The research concluded with the most important results that: 1- Conventional weapons are not to be underestimated in terms of their impact and lasting effects. 2 - Mines are one of the masses with a slow-moving effect, so it is necessary to increase efforts to fully attend to them. 3- Mine weapons their use is inconsistent with Islamic jurisprudence and positive law. 4 - It is imperative that the positive legislation of every country include texts prohibiting the use of mines in order to advance to Islamic jurisprudence.

5- Cooperation between national legislation and international texts is a necessity to achieve positive results for the presence of mines and to punish their users. 6- As well as the provisions contained in the 1997 Ottawa Convention, which address aspects of the problem of demining with its presence, the need for cooperation between states, assistance to victims, and the establishment of fact-finding committees.