IDENTIFICATION OF THE DEAD UNDER ISLAMIC LAW AND INTERNATIONAL HUMANITARIAN LAW: AN ANALYSIS

The Islamic world has been confronted with many challenges in recent history such as situations of violence, armed conflict, global pandemic and natural disasters. One of the many catastrophic consequences of such events are the findings of numerous unidentified bodies. Is the identification of dead bodies a legal obligation under both Islamic law and International Humanitarian Law (IHL) or is it merely a moral duty to help grieving family members? The purpose of this research is first, to give an overview of the Islamic law principles governing the identification of the dead. Second, to illustrate those principles with current examples of humanitarian challenges in the Islamic world. Third, to compare those Islamic law principles to IHL rules applicable in armed conflicts and demonstrate that both IHL and Islamic Law aim to end the suffering of families of missing persons. This research demonstrates that both Islamic law and IHL have rules which aim to protect the dignity and respect of dead bodies and they complement each other in contexts of armed conflicts or other situations of violence. By identifying the similarities and complementarities of both bodies of law this research paper contributes to expanding the legal framework which can be promoted and used by humanitarians to protect families of the dead and end their suffering by obtaining information on the fate and whereabouts of their loved ones. In cases of mismanagement of the dead, in Muslim contexts, resulting in the burial of unidentified bodies, humanitarians should discuss with religious authorities and raise the various principles of Islamic law described in this paper such as the prohibition of collective graves and cremation and the exceptions made in practice for the exhumation of dead bodies. International scholars should also underscore the importance of storing information on the deceased before burying them and of participating in the development of forensic science in Islamic countries.