War Damages in Sudan Between Jurisprudential Treatment and Legal Frameworks: An Integrative Study

Abstract

This study aims to examine the war damages in Sudan from two complementary perspectives: the fundamental jurisprudential perspective, based on the texts of Islamic law and its objectives to protect life, property, and infrastructure; and an analytical legal perspective, based on Sudanese national legislation and relevant international agreements. The problem with the research lies in the absence of a comprehensive approach that balances the legal reference and the legal framework for addressing the damages caused by wars, as well as the weak practical implementation of the laws in force in Sudan and ensuring compensation for those affected. The methodology of the study is based on a descriptive-analytical approach, in addition to a comparative approach between Islamic jurisprudence and international law, with an analysis of cases from the Sudanese reality as an applied accounting of damages. The most important findings of the study are: first, there is agreement between Islamic jurisprudence and international law on prohibiting attacks on lives and property in the context of conflict; second, there is a significant gap between the legal frameworks adopted and the actual reality in Sudan in terms of implementation and compensation; third, the study emphasizes the importance of transitional justice and national reconciliation as mechanisms for rebuilding society and promoting social peace.