The legislature law of war prisoners in different periods of history and among religions and legal systems behaves as the most important problems, and always has been more prominent. It has been the focal problem of different nations’ concerns, governments and philanthropic lawyers. The Humanitarian Law regulations is deeply rooted in History, because “war” has been the focus and central problem of all the modern and primitive Human societies and they all obeyed and maintain of some distinct regulations, in which along the centuries the governments have subordinated or violated them. Of course, there must be a clear distinction between the governmental attitudes in theory and pragmatically. We should discriminate respect for the rights of prisoners of war.However, the systematization of philanthropic international Human rights (in form of series of Humanitarian principles and regulations in war times was of special concerns of many different governments, and by lawful and legislative points of view has obtained the practical and legislative aspects) does not have a long and extended history behind itself. But in this arena, the Islamic legislature system more and precedent to any other lawful systems ascertained on the observation of Humanitarian regulations in wars and conflicting occasions.