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All Journal Prophetic Law Review Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Yahya, Muhammad Tahir
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Humanities Computer Science & IT Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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Reconciling Maṣlaḥah and the Rule of Distinction in the Yemen Conflict AL-Dafrawi, Ahmad Saad Ahmad; Yahya, Muhammad Tahir
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art3

Abstract

The prevailing discourse on armed conflict frequently asserts that the difficulty in safeguarding civilians does not arise from an absence of legal norms. Instead, it reflects the persistent failure of both state and non-state actors to comply with existing regulations, particularly those embedded in International Humanitarian Law (IHL). A closer examination, however, reveals that such non-compliance is often enabled by the strategic exploitation of ambiguities and structural weaknesses within the legal framework itself, regardless of the normative authority or humanitarian values these laws embody. The effectiveness of civilian-protection regimes therefore depends not only on the existence of legal provisions but also on their robust promotion, contextual legitimation, and implementation mechanisms that meaningfully engage and protect the intended beneficiaries. Against this backdrop, the present study conducts an in-depth exploration of the intersection between al-Maṣlaḥah (public interest) and the IHL principle of distinction within the specific context of Yemen’s protracted armed conflict. By adopting a case-study design supported by qualitative analysis of conflict documentation and reports, the research investigates how the synergy between al-Maṣlaḥah and the principle of distinction might inform more responsive and culturally grounded strategies to enhance civilian protection and reduce harm in complex and asymmetrical warfare settings. Drawing on Islamic jurisprudential thought, foundational IHL doctrines, and empirical evidence from Yemen, the study offers nuanced insights into both the structural challenges and latent opportunities for strengthening civilian-protection frameworks. Ultimately, it seeks to contribute to a more integrative and context-sensitive approach to civilian protection in contemporary armed conflicts.
Wazir's Allegorical Exegesis (Tafsir al-Ishari) on Surat al-Sad (38:21-26): A Journey from External Justice to Internal Moral Compass Yahya, Muhammad Tahir
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Purpose: This paper tries to examine the tafsīr al-ishārī (allegorical exegesis) provided by Wazīr al-Markaz on Q38:21-26 in Sūrat al-Ṣād. The current study focuses on this aspect because the interpretation of the said portion has raised a lot of controversy lately on social media in southern Nigeria, which led Wazīr to intervene. These verses gave an account of Prophet Dāwūd's encounter with the two litigants, and what transpired caused the said interpretive controversy, leading to this research. The controversy revolved around the interpretation of the verses on Prophet Dāwūd's capability to administer justice on a matter before him.Methodology: Using doctrinal methodology, the research intends to examine Wazīr's allegorical exegesis on Sūrat al-Ṣād 38:21-26. With the aid of primary texts written in Arabic and some recent articles, the paper tries to improve the understanding of the reader on tafsīr al-ishārī and the concept of natural justice before linking it with Wazīr's discussion.Results: After examination, the major finding is that the interpretation supplied by Wazīr shed more light on the verses in question, especially when it clarified two things. First, it gives a fresh perspective on the verses, and secondly, it clarifies the capacity of Prophet Dāwūd to administer justice.Originality: The current study contributes to knowledge by, of course, highlighting and examining the fresh interpretation supplied by Wazīr. This interpretation sheds more light on the controversies found in existing interpretations of the said portion of the verses and their implications in the contemporary Islamic world and the Western concept of natural justice.
Co-Authors Al-Dafrawi, Ahmad Saad Ahmad