الخلاصة:
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.
