Combating Gender-Based Crimes in Armed Conflicts Stemming from Extremism from the Perspective of Islamic Jurisprudence and International Law

Abstract

Islam has provided various forms of protection for women and civilians in armed conflicts. A portion of these protections pertains to the general and specific legal safeguards for women in armed conflicts, which can be observed in Islamic sources such as the Holy Quran and the prophetic tradition (Sunnah). Similarly, the international community has addressed perpetrators of sexual crimes in armed conflicts since 1990. However, the International Criminal Tribunals for the Former Yugoslavia and Rwanda initially did not prosecute individuals responsible for such crimes. Over time, in response to the sexual assaults committed in Yugoslavia, feminist organizations advocating for the prosecution of these crimes became active in international criminal courts, exerting pressure through public opinion. Consequently, both in Islam and in the international community, various conventions have been adopted to protect women against sexual violence. The research method in this study is descriptive-analytical. The primary research questions are as follows: What approach does international law take in addressing gender-based violence? What measures have been considered in Islamic jurisprudence to combat gender-based crimes? International law adopts a similar approach to confronting gender-based violence in situations arising from state failure and religious extremism. Its role in addressing violence against women in the internal wars of these countries is primarily through issuing resolutions via international institutions without direct intervention. In Islamic jurisprudence, Quranic verses and the prophetic tradition serve as the basis for combating gender-based crimes. The objective of this study is to examine the enforcement mechanisms of international law and Islamic jurisprudence in implementing enacted laws concerning gender-based sexual violence.