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Abstract

This study, entitled "Palestinian Prisoners in Israeli Occupation Prisons Between the Principles of Islamic Sharia and International Law: Al-Aqsa Flood as a Model," aims to shed light on the rulings governing the treatment of prisoners in both Islamic Sharia and international law. It does so by analyzing the points of convergence and divergence between the two systems in this regard and by clarifying the foundations and principles that govern the treatment of prisoners within each framework. The study also seeks to highlight the violations faced by Palestinian prisoners in Israeli occupation prisons and to assess the extent of Israel’s compliance with international treaties related to prisoners of war. Furthermore, the study addresses the implications of Al-Aqsa Flood operation on prisoners in Israeli custody, evaluating the role of local and international institutions in monitoring their conditions. It also proposes legal and Sharia-based mechanisms to confront Israeli violations and ensure effective protection for prisoners. To analyze and discuss these objectives, the researcher employed the comparative descriptive method. The core problem addressed in this study revolves around the extent to which the principles of international humanitarian law align with or contradict the rulings of Islamic Sharia regarding the treatment of prisoners, and how these principles are reflected in the situation of Palestinian prisoners within the context of Al-Aqsa Flood events. The study is structured into an introduction, four main chapters, and a conclusion. Chapter One discusses the concept of prisoners in both Islamic Sharia and international law. Chapter Two examines the conditions of Palestinian prisoners in Israeli occupation prisons. Chapter Three explores the impact of Al-Aqsa Flood operation on these prisoners. Chapter Four addresses the mechanisms for protecting Palestinian prisoners under both international law and Islamic Sharia. The study concluded with several key findings and recommendations, most notably: both Islamic Sharia and international law affirm the humane treatment of prisoners of war; however, Sharia is distinguished by fundamental differences in its legal foundations and the diversity of options it offers in dealing with prisoners, granting it greater flexibility in achieving the objectives of justice and mercy. Additionally, Israel’s policies toward Palestinian prisoners—before, during, and after captivity—reflect a racist and repressive nature, violating international agreements that guarantee protection for prisoners of war. Al-Aqsa Flood operation, in turn, emerged as a natural response to the ongoing injustices faced by the Palestinian people, particularly prisoners. Therefore, comprehensive support for Palestinian prisoners is imperative, encompassing all aspects of their lives and ensuring a dignified existence.