The issues of protection of human rights during wars in Islamic law applied in Azerbaycan in XIII-XV centuries Azərbaycanda XIII-XV əsrlərdə tətbiq edilən İslam hüququnda müharibələr zamanı insan hüquqlarının qorunması məsələləri

In the Islamic right gives the large value to protection both ensuring of the various rights and individual liberties and the basis of ensuring them is Koran and «sunna», in which is advanced Islamic rule about of the man as most best essence created by Allah on ground, in this connection his rights and freedom should be inviolable, that is why are protected by the law. Therefore to begin war without need, and thus, without need to spill human blood was considered as a grave sin and categorically was provided against.
Islamic right did not suppose application of torture, assault and ordeals and during wage of wars too.
The norms of Islamic right laid under obligation to concern with owing respect to the representatives «ahl al Kitab» (to the Christians, Jews) and pagans and to build relation with them on the basis of goodwill and philanthropy, including at wage wars period, and it was a duty everyone Muslims. The analysis of medieval sources shows, that according to the specified rules of law, the relation to «zimmies» on all Islamic East was as a whole benevolent both their right and freedom were protected and were provided practically by the all Muslims states, including Azerbaijan.
One of major institutes in the Islamic right is the military-
legal institution «aman», used in waging wars is, that surrendered warrior have the particular right consisting in safety him and his family as the warranties of life, health and freedom, inviolability of their asset, in grant of legal status not attracting captivity, slavery both infringement of the rights and freedom of the person is given to the person, and also his native and close, and if the person was captured, was subject to immediate release from a captivity. «Aman» in XIII-XV centuries was widely applied in all East, including in Azerbaijan during war, and till now has not lost the urgency and all legal capabilities, in it pledged. Taking into account, that the international armed conflicts especially in Near East till now do not calm down, where are living the plenty of Muslims, the application of this military-legal institution in aggregate of other measures directed on settlement of the conflicts, ensuring of the rights, freedom and lawful interests both Muslims, and no Muslims is quite possible. Actuation ""aman"" in area of international law would create the additional effective gear of settlement the international conflicts.