Compensation and Reparation in Islamic Sharia and their Applications in Yemeni and International Laws: An Analytical Study in the Context of Armed Conflict in Yemen (2014- 2024)

Abstract

Compensation and reparation represent one of the most important pillars in addressing serious violations of international humanitarian law and human rights. They also represent key components of transitional justice and national reconciliation, as well as the essence of effective and genuine efforts to address post-conflict stages, and an attempt to restore societal harmony and build sustainable peace. This study seeks to analyze the conceptual, legitimate, and legal framework for compensation and reparation in the context of armed conflict in Yemen during the period (2014–2024), by extrapolating both national and international legal texts and jurisprudential texts. The study focuses on demonstrating to which extent the parties of conflict adhere to the standards of international law, the basic and directory principles concerning the right in remedy and Reparation approved by the United Nations General Assembly, and the adequacy of Yemeni legislation – derived from Islamic law – in meeting those standards. The research uses the descriptive and analytical approach through the analysis of texts, documents, and official reports in the field of compensation and reparation. The study concludes that reparation is a central pillar for achieving comprehensive national reconciliation in Yemen; however, actual implementation faces institutional, legislative, and political challenges. The importance of this study lies in providing a comprehensive vision linking jurisprudential grounding, national codification, and international standards to address the effects of conflict and promote societal peace.