Aspects and Means of Remedies for Prisoners in Case of Rights Violations in Hanbali Jurisprudence and International Law

Abstract

The study aims to show the aspects and means of legal treatments in Hanbali jurisprudence in the event of a violation of prisoners' rights, and aspects and means of legal treatments in international humanitarian law in the event of a violation of prisoners' rights. The researcher reached in his study to reach a solution to the research problem on the descriptive analytical approach, as the research problem lies in the extent to which there are aspects of treatments in the event of a violation of prisoners' rights in both Hanbali jurisprudence and international law, and the failure to adhere to the application of the controls, provisions and principles contained in them. The researcher reached a number of results, the most prominent of which are: The most important aspects of legal treatments in Hanbali jurisprudence in the event of a violation of prisoners' rights are that the prisoner has the rights that Islam has determined for man in life, as the most prominent means that Islam has taken in the event of a violation of the protection of prisoners are evident, warning against killing the prisoner or humiliating him or torturing him or insulting him, and whoever does so is in violation of what God has commanded, the Imam can punish him, and giving priority to humanitarian aspects in treating prisoners away from hostile emotions. International law has also adopted a number of aspects of legal treatments in the event of a violation of rights. Prisoners, the most prominent of which is respecting the rights of prisoners based on legal and moral obligation, and detaining prisoners is for the purpose of preserving them and preventing them from participating in combat, and the purpose is not to take revenge on them or abuse them, and prisoners of war fall under the authority of the capturing state and protecting them is one of its duties in accordance with international law.