Management of the dead from the Islamic law and international humanitarian law perspectives: Considerations for humanitarian forensics

Ahmed Al-Dawoody, Zayed University

Document Type

Article

Source of Publication

International Review Of The Red Cross

Publication Date

8-1-2017

Abstract

This article discusses a number of contemporary issues and challenges pertinent to the management of the dead in contemporary armed conflicts and other situations of violence and natural disasters under Islamic law and international humanitarian law. Among the issues and challenges faced by forensic specialists in Muslim contexts at present are collective burial, quick burial of dead bodies, exhumation of human remains, autopsy, burial at sea, and handling of the bodies by the opposite sex. The article concludes that both legal systems have developed rules which aim at the protection of the dignity and respect of dead bodies, and that they complement each other to achieve this protection in specific Muslim contexts. The main objectives of this article are twofold: firstly, to give an overview of the Islamic law position on these specific questions and challenges, in order to, secondly, provide some advice or insight into how forensic specialists can deal with them.

ISSN

1816-3831

Publisher

Cambridge University Press (CUP)

Volume

99

Issue

905

First Page

759

Last Page

784

Disciplines

Islamic Studies

Keywords

management of the dead, decent burial, autopsy, collective graves, burial at sea, Islam, Islamic law, international humanitarian law, Islamic law and IHL, jihad, Islamic law of armed conflict, war in Islamic law, forensics, humanitarian forensics

Indexed in Scopus

no

Open Access

no

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