Persons Protected under Ibadhi Jurisprudence and International Humanitarian Law, A Comparative Doctrinal-Legal Study

This study examines the concept of protected categories in Ibadi jurisprudence and international humanitarian law (IHL), encompassing both civilians who are not engaged in combat such us noncombatant and military personnel who are no longer able to fight such us wounded and prisoners. It aims to identify the commonalities between Ibadi jurisprudence and international humanitarian law in affording protection to these groups. The researcher addresses several key questions including; what mechanisms ensure the implementation of these protection in both legal traditions, the methodology used is deductive and comparative. The principle conclusion of this study is that the enjoyment of protected status in Ibadi jurisprudence and international humanitarian law is contingent upon the refraining from direct participation in combat operations. However, if their involvement in hostilities significantly affects the power dynamics between conflicting parties, they may lose their protected status.

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Publication Details

Journal
Sultan Qaboos University Legal Studies Journal
Published
2025-12-31
DOI
https://doi.org/10.61191/2791-0938.1038
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Persons Protected under Ibadhi Jurisprudence and International Humanitarian Law, A Comparative Doctrinal-Legal Study

Mahdi bin Abdul-Karim Al-Sawti
Sultan Qaboos University Legal Studies Journal
International Law and Human Rights
article

Persons Protected under Ibadhi Jurisprudence and International Humanitarian Law, A Comparative Doctrinal-Legal Study

Mahdi bin Abdul-Karim Al-Sawti
article en

Abstract

This study examines the concept of protected categories in Ibadi jurisprudence and international humanitarian law (IHL), encompassing both civilians who are not engaged in combat such us noncombatant and military personnel who are no longer able to fight such us wounded and prisoners. It aims to identify the commonalities between Ibadi jurisprudence and international humanitarian law in affording protection to these groups. The researcher addresses several key questions including; what mechanisms ensure the implementation of these protection in both legal traditions, the methodology used is deductive and comparative. The principle conclusion of this study is that the enjoyment of protected status in Ibadi jurisprudence and international humanitarian law is contingent upon the refraining from direct participation in combat operations. However, if their involvement in hostilities significantly affects the power dynamics between conflicting parties, they may lose their protected status.

Sultan Qaboos University Legal Studies JournalVol. 4(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 18%
International Law and Human Rights
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Persons Protected under Ibadhi Jurisprudence and International Humanitarian Law, A Comparative Doctrinal-Legal Study — Mahdi bin Abdul-Karim Al-Sawti · Sultan Qaboos University Legal Studies Journal (2025) | TGRS Research Map | TGRS