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{{short description|Islamic laws of war}} | |||
{{clarify|date=January 2008}} | |||
{{other uses|Muslim warfare (disambiguation){{!}}Muslim warfare}} | |||
{{Fiqh-Mil}} | |||
{{Fiqh}} | |||
'''Islamic military jurisprudence''' consists of the basic laws governing the conduct of the military aspects of ] (also known as "lesser ]"). These laws govern actions pertaining to ] and ]fare, in accordance with the ]. Military rulings in Islam are derived from interpretations of the ] and the ], and vary slightly amongst the different ].<ref>Aboul-Enein and Zuhur, p. 1-2</ref> | |||
'''Islamic military jurisprudence''' refers to what has been accepted in ] (Islamic law) and ] (Islamic jurisprudence) by '']'' (Islamic scholars) as the correct ]ic manner, expected to be obeyed by ]s, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the ]. | |||
==Development of rulings== | |||
Islamic military jurisprudence refer to what has been accepted in ] by ] as the correct Islamic manner which expected to be obeyed by Muslims, but it may differ with what has been done in ]. | |||
{{see also|Jihad|List of battles of Muhammad|Muhammad as a diplomat}} | |||
The first military rulings were formulated during the first century after Muhammad ]. These rulings evolved in accordance with the interpretations of the ] (the Islamic Holy scriptures) and ] (the recorded traditions, actions (behaviors), sayings and consents of Muhammad). The key themes in these rulings were the ] of war (Harb), and the injunction to jihad. The rulings do not cover ]s and armed conflicts in general.<ref name="Enein">Aboul-Enein and Zuhur (2004), pp. 3–4</ref> | |||
Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the ]n ] against Muslims. It was interpreted as the struggle in ]'s cause to be conducted by the ]. Injunctions relating to jihad have been characterized as individual as well as collective duties of the ]. Hence, the nature of attack is important in the interpretation—if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (]) and non-Muslim lands, ].<ref name="Enein"/> | |||
==Development of rulings== | |||
{{see also|Jihad|Muhammad as a general|Muhammad as a diplomat}} | |||
The first military rulings were formulated during the first century after Muhammad ]. These rulings evolved in accordance with the interpretations of the ] (the Muslim holy scriptures) and ] (the recorded traditions of Muhammad). The key themes in these rulings were the ] of war, and the injunction to jihad. The rulings do not cover ]s and armed conflicts in general.<ref name="Enein"> Aboul-Enein and Zuhur (2004), p. 3-4</ref> | |||
According to Shaheen Sardar Ali and Javaid Rehman, both professors of law, the Islamic military jurisprudence are in line with rules of modern international law. They point to the dual commitment of ] (OIC) member states (representing most of the ]) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.<ref name="rehman">Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law". ''Journal of Conflict & Security Law''. '''10''' (3) pp. 321–43.</ref> | |||
Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the ]n ] against Muslims. It was interpreted as the struggle in ]'s cause to be conducted by the ]. Injunctions relating to jihad have been characterized as individual as well as collective duties of the ]. Hence, the nature of attack is important in the interpretation — if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (]) and non-Muslim lands (]).<ref name= "Enein"/> | |||
==Ethics of warfare== | |||
Military jurisprudence, over time, has been affected by other factors as well. Hamidullah lists the practices of ] (revered as righteous), consensus amongst Muslim jurists ('']'') and norms established by treaties, pacts and conventions as sources for Islamic military law.<ref name ="rehman">Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law." ''Journal of Conflict & Security Law''. '''10''' (3) pp. 321-43.</ref> | |||
{{see also|Islamic ethics}} | |||
Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist.<ref name="Crone">], '']'', "War". Brill Publishers, p. 456.</ref><ref>Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', ], p. 45</ref><ref name="Boundries_Princeton">Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', ], p. 197</ref><ref>Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', ], p. 48</ref> War should be conducted in a disciplined way, to avoid injuring non-combatants, with the minimum necessary force, without anger and with humane treatment towards prisoners of war.<ref>{{cite web |url=https://www.bbc.co.uk/religion/religions/islam/islamethics/war.shtml |title = BBC - Religions - Islam: War}}</ref> | |||
According to Shaheen Sardar Ali and Javaid Rehman, the Islamic military laws are in line with rules of modern international law, although not entirely synonymous. Ali and Rehman also reject the notion that Islamic laws fall short of modern standards and argue that Islamic legal principles can be applied to modern law to build a better order. They point to the dual commitment of ] (OIC) member states (representing most of the ]) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.<ref name ="rehman"/> | |||
During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion and first ], ], in the form of ten rules for the ]:<ref name="Zuhur">Aboul-Enein, H. Yousuf and Zuhur, Sherifa, ''Islamic Rulings on Warfare'', p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, {{ISBN|1-4289-1039-5}}</ref> | |||
==Ethics of warfare== | |||
The basic principle in fighting in the Quran is that other communities should be treated as one's own. Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist.<ref name="Crone"> Patricia Crone, ], War article, p.456. ]</ref><ref> Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', ], p.45 </ref><ref name="Boundries_Princeton"> Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', ], p.197 </ref><ref>Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', ], p.48 </ref> Although the language can be considered militant, the principle of forgiveness is reiterated in between the assertions of the right to self-defence.<ref name="Crone"/> | |||
{{blockquote|O people! I charge you with ten rules; learn them well! Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.}} | |||
During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's ] and ], ], in the form of ten rules for the Muslim army:<ref>Aboul-Enein and Zuhur, p. 22</ref> | |||
According to ], the ten bits of "advice" that Abu Bakr gave was during the ].<ref>{{Cite book|title=The conquest of Arabia|url=https://books.google.com/books?id=VA5Uke7IpHkC&pg=PA16|first=Al|last=Tabari|year=1993|publisher=State University of New York Press |isbn=978-0-7914-1071-4|page=16}}</ref> During the ], the Caliph ] stated that Islam does not permit Muslims to stop the supply of water to their enemy.<ref>Encyclopaedia of Islam (2005), p. 204</ref> In addition to the ], ]s attributed to Muhammad himself suggest that he stated the following regarding the ] that eventually took place after his death:<ref name="Daly-18">{{Cite book|title=Egyptology: The Missing Millennium : Ancient Egypt in Medieval Arabic Writings|first=Okasha|last=El Daly|publisher=]|year=2004|isbn=1-84472-063-2|page=18}}</ref> | |||
{{cquote|Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.}} | |||
{{blockquote|You are going to enter Egypt a land where ''qirat'' (money unit) is used. Be extremely good to them as they have with us close ties and marriage relationships. When you enter Egypt after my death, recruit many soldiers from among the Egyptians because they are the best soldiers on earth, as they and their wives are permanently on duty until the Day of Resurrection. Be good to the Copts of Egypt; you shall take them over, but they shall be your instrument and help. Be Righteous to God about the Copts.}} | |||
These injunctions were honored by the second caliph Umar, during whose reign (584 – 644) important ] took place.<ref>Nadvi(2000), pg. 519</ref> | |||
These principles were upheld by ] during his conquest of Egypt. A Christian contemporary in the 7th century, ], stated the following regarding the conquest of ] by 'Amr: | |||
==Criteria for soldiering== | |||
Muslim jurists agree that Muslim armed forces must consist of debt-free ]s who possess a sound mind and body. In addition, the combatants must not be ], but rather enlist of their free will, and with the permission of their family.<ref name = Enein12>Aboul-Enein and Zuhur, p. 12-13</ref> | |||
{{blockquote|On the twentieth of Maskaram, Theodore and all his troops and officers set out and proceeded to the island of Cyprus, and abandoned the city of Alexandria. And thereupon 'Amr the chief of the Moslem made his entry without effort into the city of Alexandria. And the inhabitants received him with respect; for they were in great tribulation and affliction. And Abba Benjamin, the patriarch of the Egyptians, returned to the city of Alexandria in the thirteenth year after his flight from the Romans, and he went to the Churches, and inspected all of them. And every one said: 'This expulsion (of the Romans) and victory of the Moslem is due to the wickedness of the emperor Heraclius and his persecution of the Orthodox through the patriarch Cyrus. This was the cause of the ruin of the Romans and the subjugation of Egypt by the Moslem. And 'Amr became stronger every day in every field of his activity. And he exacted the taxes which had been determined upon, but he took none of the property of the Churches, and he committed no act of spoliation or plunder, and he preserved them throughout all his days.<ref>{{Cite book|author=]|title=Chronicle|chapter=CXX.72-CXXI.3|year=c. 600s|url=http://www.tertullian.org/fathers/nikiu2_chronicle.htm|access-date=2010-03-31}}</ref>}} | |||
Traditionally, "adults" have been defined as post-] individuals above the age of 15. Due to expediency during the ], however, ] (Iran's then ]) issued a ] lowering the age of the combatants as well as waiving the family's permission as a condition to enlist.<ref name = Enein12/> | |||
The principles established by the early Caliphs were also honoured during the ], as exemplified by ]s such as ] and ]. For example, after Al-Kamil defeated the ] during the ], Oliverus Scholasticus praised the Islamic ], commenting on how Al-Kamil supplied the defeated Frankish army with food:<ref name="Weeramantry">{{Cite book|title=Justice Without Frontiers|first=Christopher G.|last=Judge Weeramantry|year=1997|publisher=]|isbn=90-411-0241-8|page=136}}</ref> | |||
==Legitimacy of war== | |||
{{seealso|Defensive jihad|Offensive jihad}} | |||
Muslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should enemy hostile behavior cease, then the reason for engaging such enemy also lapses.<ref name =afsaruddin>Afsaruddin, Asma (2007). ''Views of Jihad Throughout History''. Religion Compass 1 (1), 165–169.</ref> | |||
{{blockquote|Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power.<ref>{{Cite book|title=Justice Without Frontiers|first=Christopher G.|last=Judge Weeramantry|year=1997|publisher=]|isbn=90-411-0241-8|pages=136–37}}</ref>}} | |||
The ] school of thought holds that war can only be launched against a state that had resorted to armed conflict against the Muslims. War, according to the Hanfis, can't simply be made on the account of nation's religion. ] (d. 820), founder of the ] school of thought, was the first to permit offensive jihad. He limited this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims.<ref name =afsaruddin/> | |||
The early Islamic treatises on ] from the 9th century onwards covered the application of ], ] and Islamic military jurisprudence to international law,<ref name="Kelsay">{{Cite journal|title=Al-Shaybani and the Islamic Law of War|last=Kelsay|first=J.|journal=Journal of Military Ethics|volume=2|issue=1|date=March 2003|publisher=]|pages=63–75|doi=10.1080/15027570310000027|s2cid=143975172}}</ref> and were concerned with a number of modern international law topics, including the ]; the treatment of ]s, ]s, ]s and ]; the ]; ]; protection of women, children and ] ]s; ]s across the lines of battle; the use of poisonous weapons; and devastation of enemy territory.<ref name=Weeramantry /> | |||
] believes that after ] and his ], there is no concept in Islam obliging Muslims to wage war for ] or implementation of Islam. The only valid basis for military jihad is to end oppression when all other measures have failed. Islam only allows jihad to be conducted by a ].<ref>], 2957, ''A Muslim ruler is the shield . An armed struggle can only be carried out under him and people should seek his shelter ''.</ref><ref>Ghamidi, '']''.</ref><ref>''Misplaced Directives'', , ], Vol. 12, No. 3, March 2002.</ref> | |||
==Criteria for soldiering== | |||
] believes differntly. He states that the Qur'an requires Muslims to establish overall public order. This can be established though offensive measures. Thus ] raises questions about whether jihad is justifiable on moral grounds. Quranic verses, like {{cite quran|8|39|style=nosup}} revealed in the latter part of Muhammad's career require Muslims to wage Jihad against unbelievers. Wars of expansion in the Islamic empire, he argues were considered jihad by ] scholars, but under close scrutny can be determined to be political.<ref>{{cite book |title=The Just Ruler In Shi'ite Islam |last=Sachedina |first=Abdulaziz |authorlink= |coauthors= |year=1988 |publisher=Oxford University Press | |||
Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. In addition, the combatants must not be ], but rather enlist of their free will, and with the permission of their family.<ref name="Enein12">Aboul-Enein and Zuhur, pp. 12-13</ref> | |||
US |location= |isbn=0195119150 |pages=106 }} </ref> | |||
==Legitimacy of war== | |||
Some scholars argue that war may only be legitimate if Muslims have at least half the power of the enemy (and thus capable of winning it). Other ]s consider this command only for a particular time.<ref>], ].</ref> | |||
{{see also|Jihad|Hirabah}} | |||
Muslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should the enemy's hostile behavior cease, then the reason for engaging the enemy also lapses.<ref name="afsaruddin">Afsaruddin, Asma (2007). ''Views of Jihad Throughout History''. Religion Compass 1 (1), pp. 165–69.</ref> | |||
===Defensive conflict=== |
===Defensive conflict=== | ||
According to the majority of jurists, the Qur'anic '']'' (justification of war) are restricted to aggression against Muslims and ''fitna''—persecution of Muslims because of their religious belief.<ref name="Al-Dawoody">Ahmed Al-Dawoody (2011), ''The Islamic Law of War: Justifications and Regulations'', pp. 78–9. Palgrave Macmillan. {{ISBN|9780230111608}}.</ref> They hold that unbelief in itself is not the justification for war. These jurists therefore maintain that only combatants are to be fought; noncombatants such as women, children, clergy, the aged, the insane, farmers, serfs, the blind, and so on are not to be killed in war.<ref name="Al-Dawoody"/> Thus, the Hanafī Ibn Najīm states: "the reason for jihād in our view is ''kawnuhum harbā ‛alaynā'' ."<ref name="Al-Dawoody"/><ref>Ibn Najīm, ''Al-Bahr al-Rā’iq'', Vol. 5, p. 76.</ref> The Hanafī jurists al-Shaybānī and al-Sarakhsī state that "although kufr is one of the greatest sins, it is between the individual and his God the Almighty and the punishment for this sin is to be postponed to the ''dār al-jazā’'', (the abode of reckoning, the Hereafter)."<ref name="Al-Dawoody"/><ref>], ''The Rules of Killing at War: An Inquiry into Classical Sources'', p. 152. The Muslim World. Volume 89, Issue 2, April 1999. doi: 10.1111/j.1478-1913.1999.tb03675.x</ref> War, according to the Hanafis, can't simply be made on the account of a nation's religion.<ref name =afsaruddin/> ] argues that the original jihad according to his version of Shi'ism was permission to fight back against those who broke their pledges. Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces.<ref name = sachedina/> | |||
The ] school of thought holds that war can only be launched against a state that had resorted to armed conflict against the Muslims. War, according to the Hanafis, can't simply be made on the account of nation's religion.<ref name =afsaruddin/> Sheikh Abdullah Azzam considers the defense by Muslims of their territory as one of the foremost obligations after faith.<ref>Azzam, Abdullah. "".</ref> | |||
===Offensive conflict=== |
===Offensive conflict=== | ||
] (d. 820), founder of the ] school of thought, was the first to permit offensive jihad |
] (d. 820), founder of the ] school of thought, was the first to permit offensive jihad, limiting this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims.<ref name =afsaruddin/> This view of al-Shafi'i is mitigated by the fact that an opposite view, in agreement with the majority, is also attributed to al-Shafi'i.<ref>{{Cite book|title = War and Peace in Islam: The Uses and Abuses of Jihad|last1 = H.R.H. Prince|first1 = Ghazi Muhammad|publisher = The Islamic Texts Society Cambridge|year = 2013|isbn = 978-1-903682-83-8|last2 = Ibrahim|first2 = Kalin|author3-link = Mohammad Hashim Kamali|last3 = Mohammad Hashim|first3 = Kamali|url = http://rissc.jo/books/War-Peace-Islam.pdf|page = 76|author1-link = Prince Ghazi bin Muhammad|access-date = 2016-04-21|archive-date = 2017-07-09|archive-url = https://web.archive.org/web/20170709055514/http://rissc.jo/books/War-Peace-Islam.pdf|url-status = dead}}</ref> | ||
According to ], ] raises questions about whether jihad is justifiable on moral grounds. He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Qur'anic verses revealed required Muslims to wage jihad against unbelievers who persecuted them. This has been complicated by the early ], which he argues were although considered jihad by ] scholars, but under close scrutiny can be determined to be political. Moreover, the offensive jihad points more to the complex relationship with the "]".<ref name="sachedina">{{cite book |title=The Just Ruler In Shi'ite Islam |last=Sachedina |first=Abdulaziz |year=1988 |publisher=Oxford University Press US |isbn=0-19-511915-0 |page=106 }}</ref> | |||
Some major modern scholars who have rejected the idea of "offensive jihad" include the founder of the ], ] (1906–1949), the ] scholar ] (1898–1974) who thought that "military jihad is permitted only to remove aggression ('udwân) and religious persecution (]h) against Muslims", as well as Syrian scholars ] (1929–2013) and ] (1932-2015), the latter saying that "peace is the underlying principle of relations between Muslims and non-Muslims. al-Zuhayli maintains that this view is supported by 8:61, as well as 2:208 and 4:94 that establish the principle of international peace. For him, Muslims should be committed to peace and security (on the basis of 4:90 and 60:8)."<ref>ElSayed Amin, ''Reclaiming Jihad: A Qur'anic Critique of Terrorism'', Kube Publishing (2015), pp. 104-106</ref> | |||
==International conflict== | ==International conflict== | ||
International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state.<ref name |
International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state.<ref name="D">Dāmād (2003), p.261</ref> Some classical Islamic scholars, like the ], classified territories into broad categories: ''dar al-islam'' ("abode of Islam"), ''dar al-harb'' ("abode of war), ''dar al-ahd'' ("abode of treaty"), and ''dar al-sulh'' ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and ].<ref name =afsaruddin/> | ||
===Declaration of war=== | ===Declaration of war=== | ||
The ] commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise ]s are illegal under the Islamic jurisprudence. The |
The ] commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise ]s prior to such a declaration are illegal under the Islamic jurisprudence.{{citation needed|date=January 2017}} The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the ], a time period of four months to reconsider their position and negotiate.<ref>Maududi (1967), p. 177, vol. 2</ref> This rule, however, is not binding if the adversary has already started the war.<ref name="autogenerated2">Maududi (1998), p. 36</ref> ] is considered an act of war.<ref>{{cite journal | ||
| last = Mohammad | |||
| first = Noor | |||
| title = The Doctrine of Jihad: An Introduction | |||
| journal = Journal of Law and Religion | |||
| volume = 3 | |||
| issue = 2 | |||
| page = 387 | |||
| publisher = Journal of Law and Religion, Inc. | |||
| location = ] | |||
|
| year = 1985 | ||
| doi = 10.2307/1051182 | |||
| accessdate = October 2007 }}</ref> | |||
| jstor = 1051182 | |||
| s2cid = 159793899 | |||
] jurists believe that ] can be declared by a political leader with the sanction of ]. The ] jurists, however, hold that only a just ] can declare jihad and ensure that it is conducted in accordance with the principles of justice. Historically, the lack of a central religious authority has created problems with the general acceptance of these declarations. Rulers and other individuals have on occasion declared jihad even when Islamic clerics have refused to categorize the conflict as such. An example of such a declaration was made by the ] ] during ].<ref>Aboul-Enein and Zuhur, p. 5</ref> | |||
}}</ref> | |||
===Conduct of armed forces=== | ===Conduct of armed forces=== | ||
The |
During battle the Qur'an commands Muslims to fight against the enemy. However, there are restrictions to such combat. Burning or drowning the enemy is allowed only if it is impossible to achieve victory by other means.<ref>{{Cite book |first=Rudolph|last=Peters| year=2015 | title=Islam and Colonialism: The Doctrine of Jihad in Modern History|publisher=DE GRUYTER MOUTON|url=https://www.degruyter.com/view/product/6260| via = ]|url-access=subscription |page=20|isbn=9783110824858}}</ref> The mutilation of dead bodies is prohibited.<ref>Ghamid (2001), referring to ] 3016, and ] 2613</ref> The Qur'an also discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.<ref>Ghamidi (2001), referring to {{cite quran|8|47|style=ref}}</ref> | ||
====In combat==== | |||
During battle the Quran commands Muslims to fight against the enemy. However, there are exceptions to such combat. Torturing the enemy, and burning the combatants alive is strictly prohibited.<ref>], '']'', Vol.3, p.227</ref> The mutilation of dead bodies is also prohibited.<ref>Ghamid (2001), referring to ] 3016, and ] 2613</ref> | |||
According to professor Sayyid Dāmād, no explicit injunctions against use of chemical or biological warfare were developed by medieval Islamic jurists as these threats were not |
According to professor Sayyid Dāmād, no explicit injunctions against use of ] or ] were developed by medieval Islamic jurists as these threats were not existent then. However, ''Khalil al-Maliki's Book on jihad'' states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain.<ref>Dāmād (2003), p. 266</ref> | ||
====Civilian areas==== | ====Civilian areas==== | ||
According to all madhhabs, it is not permissible to kill women or children unless they are fighting against the Muslims.<ref name="peters21">{{Cite book |first=Rudolph|last=Peters| year=2015 | title=Islam and Colonialism: The Doctrine of Jihad in Modern History|publisher=DE GRUYTER MOUTON|url=https://www.degruyter.com/view/product/6260| via = ]|url-access=subscription |page=21|isbn=9783110824858}}</ref> The ], ] and ] schools forbid killing of those who are not able to fight, including monks, farmers, and serfs, as well as mentally and physically disabled.<ref name=peters21/><ref>{{Cite journal|last=Blankinship|first=Khalid Yahya|author-link=Khalid Yahya Blankinship|year=2011|title=Parity of Muslim and Western Concepts of Just War|journal=The Muslim World|volume=101|issue=3|page=416|doi=10.1111/j.1478-1913.2011.01384.x|issn=1478-1913|quote=In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.}}</ref> | |||
Islam expressly prohibits the killing of those who have not participated in the war.<ref>Ghamidi (2001), quoting {{cite quran|4|90|style=ref}}||}}</ref> Javed Ghamidi argues that this principle is not just based on the Islamic faith but also founded in ] and ].<ref>Ghamidi (2001), refers to ] 3015</ref> ] scholar ] holds a similar position regarding non-combatants.<ref> http://www.mesbahyazdi.org/english/contact-us/afq/contact4.htm#عمليات%20شهادت%20طلبانه</ref> | |||
Harming civilian areas and pillaging residential areas is also forbidden,<ref name="autogenerated3">Maududi (1998), p. 35</ref> as is the destruction of trees, crops, livestock and farmlands.<ref name="autogenerated1">], '']'', Vol. 3, p. 227</ref><ref>Ali (1991), p. 79, quoting {{cite quran|2|190|style=ref}}</ref> The Muslim forces may not loot travelers, as doing so is contrary to the spirit of ].<ref>Ghamidi (2006), refers to ] 2629</ref> Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.<ref name=autogenerated3 /><ref>Ghamidi (2001), refers to a ] "plundered is not better than dead meat " ] 2705</ref> | |||
However, 14th century ] Ibn Hudayl of ] says:<ref>{{cite book|url=https://books.google.com/books?id=FFOBAAAAMAAJ|title=Culture and Conflict in the Middle East|page=142|isbn=978-1-59102-587-0 |last1=Salzman |first1=Philip Carl |date=2008 |publisher=Humanity Books }}</ref><ref>{{cite book|url=https://books.google.com/books?id=aJ4OAAAAIAAJ|title= L'ornement des âmes et la devise des habitants d'el Andalus: traité de guerre sainte islamique|date= 1939|page=195}}</ref> | |||
{{blockquote|It is permissible to set fire to the lands of the enemy, his stores of grain, his beasts of burden—if it is not possible for the Muslims to take possession of them—as well as to cut down his trees, to raze his cities, in a word, to do everything that might ruin and discourage him, provided that the imam deems these measures appropriate, suited to hastening the Islamization of that enemy or to weakening him. Indeed, all this contributes to a military triumph over him or to forcing him to capitulate.}} | |||
Harming civilian areas and pillaging residential areas is also forbidden,<ref>Maududi (1998), p. 35 </ref> as is the destruction of trees, crops, livestock and farmlands.<ref>Ali (1991), p. 79, quoting {{cite quran|2|190|style=ref}}</ref><ref>], '']'', Vol.3, p.227</ref> The Muslim forces may not loot travellers, as doing so is contrary to the spirit of ].<ref>Ghamidi (2006), refers to ] 2629 </ref> Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.<ref>Maududi (1998), p. 35 </ref><ref>Ghamidi (2001), refers to a ] "plundered is not better than dead meat " ] 2705</ref> | |||
===Negotiations=== | ===Negotiations=== | ||
Commentators of the |
Commentators of the Qur'an agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to ], Islam does not permit Muslims to reject peace and continue bloodshed.<ref>Maududi (1967), p. 151–14, vol. 2</ref> | ||
Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute.<ref name |
Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute.<ref name="Abu-Nimer">Abu-Nimer(2000-2001), p. 246.</ref> | ||
===Ceasefire=== | ===Ceasefire=== | ||
In the context of seventh century ], the |
In the context of seventh century ], the Qur'an ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab ]s. The Qur'an also required the respect of this cease-fire, prohibiting its violation.<ref name=autogenerated2 /> | ||
If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.<ref>Ali (1991), p. 81 |
If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.<ref>Ali (1991), p. 81</ref> The "]", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). ] states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do.<ref name="Crone"/><ref name="Boundries_Princeton"/> ] states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy.<ref> {{Webarchive|url=https://web.archive.org/web/20070206042756/http://www.tafsir.com/default.asp?sid=9&tid=20750 |date=2007-02-06 }} by ]</ref> It is read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists".<ref name="Crone"/> | ||
=== |
===Prisoners of war=== | ||
{{main|Prisoners of war in Islam}} | {{main|Prisoners of war in Islam}} | ||
{{see also| |
{{see also|Islamic views on slavery}} | ||
Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, executed, freed, ransomed, exchanged for Muslim prisoners,<ref>] of the ] by ] {{Webarchive|url=https://web.archive.org/web/20050905011245/http://users.mo-net.com/mcruzan/pows_02.htm#study1a|date=2005-09-05}}</ref><ref name="eois">Brunschvig. 'Abd; ''Encyclopedia of Islam''</ref> or kept as slaves. In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write.<ref>Ibrahim Syed, ''''. Louisville: Islamic Research Foundation International</ref> Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.<ref>'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301–302. Abu Yusuf (d. 798 CE)</ref> Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions,<ref>Patricia Crone (2004), pp. 371-72</ref> but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage - also referred to as '']''. | |||
] of ] also recorded how ] and ] convinced Umar to pardon ], despite Umar earlier intent to execute the Persian general for the death of his two precious soldiers, ] and ].<ref name="Kitab al Umm Shafiie" /> Umar in the end agreed with Zubayr and Anas to spare Hormuzan as prisoner of war, and this historical rulings of Zubayr, Anas, and caliph Umar became the guideline for Shafiite scholars that prisoner of war in normal condition are not allowed to be harmed.<ref name="Kitab al Umm Shafiie">{{cite book |last1=Ibn Idris |first1=Muhammad|translator=Fuad Syaifuddin Nur |author1-link=Al-Shafi'i |editor1-last=Iqbal Santosa |editor1-first=Muhammad |title=Al-Umm #9: Kitab Induk Fiqih Islam |date=2020 |publisher=Republika Penerbit |location=Jagakarsa, Jakarta, Indonesia |isbn=9786232790087 |page=87 |url=https://books.google.com/books?id=Aq3mDwAAQBAJ |access-date=16 December 2021 |language=id}}</ref> | |||
The legal principles governing the treatment of ] are outlined in the ] (in the traditional ]). These principles closely mirror the pre-Islamic norms of society during Muhammad's time. | |||
==== Permission to interrogate & torture ==== | |||
Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, freed, ransomed, exchanged for Muslim prisoners, or kept in bondage.<ref>] of the ] by ] </ref> Prisoners of war can be kept as ] under Islamic jurisprudence..<ref name="eois">Brunschvig. 'Abd; Encyclopedia of Islam</ref> In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write.<ref>Ibrahim Syed, ''''. Louisville: Islamic Research Foundation International</ref> Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.<ref>'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301-302) Abu Yusuf (d. 798 CE)</ref> | |||
However, there are special condition regarding the allowance the conduct of using torture as method of interrogation, | |||
* Ibn Taymiyyah, Hanbalite scholar who has been praised as Mujaddid,<ref>The Legal Thought of Jalāl Al-Din Al-Suyūṭī: Authority and Legacy, Page 133 Rebecca Skreslet Hernandez</ref> has issued Fatwa that using torture on certain case for exceptionally dangerous criminal or enemy of the state were allowed, which based on the conduct of Zubayr ibn al-Awwam, when he tortured the Jewish chieftain ] in the aftermath of the conquest of Khaybar fortresses, as Kenana was hiding the war spoils in Khaibar and refused to tell it.<ref name="Fatwa Taimiyyah">{{cite book |last1=Abi Al-Abbas Ahmed Al-Harrani / Ibn Taymiyyah |first1=Taqi Al-Din |author-link1=Ibn Taymiyyah |editor1-last=Abdel Qader Atta |editor1-first=Muhammad |editor2-last=Abdel Qader Atta |editor2-first=Mustafa |title=الفتاوى الكبرى - فتاوى شيخ الإسلام ابن تيمية 1-6 ج3|trans-title=The Great Fatwas - Fatwas of Sheikh Al-Islam Ibn Taymiyyah 1-6 Part 3 |date=2010 |publisher=Dar Al Kotob Al Ilmiyah |page=521 |url=https://books.google.com/books?id=Y8dwDwAAQBAJ |access-date=12 December 2021 |language=ar}}</ref><ref name="Refining the history of al-Tabari">{{cite book |last1=Mahmud Ibrahim Bakhit |first1=Rajab |title=تهذيب تاريخ الطبرى |trans-title=Refining the history of al-Tabari |publisher=ktab INC. |page=213 |url=https://books.google.com/books?id=F3CSDwAAQBAJ |access-date=29 December 2021}}</ref> ], late 19th AD Grand Mufti of Saudi also supported Ibn Taymiyyah fatwa and issued his own fatwa with similar ruling on the basis Zubayr conduct of interrogating Kenana.<ref name="fatwa ibn Baz1" /> Ibn Baz highlighted Zubayr conduct were acknowledged and permitted by Muhammad, as Kenana was one of Jewish conspirator in Khaybar.<ref name="fatwa ibn Baz1">{{cite web |last1=Ibn Baz |first1=Abd al Aziz|author-link1=Abd al-Aziz Bin Baz |title=ما حكم تعذيب المجرم المتهم؟|trans-title=What is the ruling on torturing the accused criminal? |url=https://binbaz.org.sa/fatwas/21687/%D9%85%D8%A7-%D8%AD%D9%83%D9%85-%D8%AA%D8%B9%D8%B0%D9%8A%D8%A8-%D8%A7%D9%84%D9%85%D8%AC%D8%B1%D9%85-%D8%A7%D9%84%D9%85%D8%AA%D9%87%D9%85 |website=BinBaz.org |access-date=11 December 2021 |language=ar}}</ref> This criminal interrogation procedure exacted by Zubayr towards Kinana were also highlighted by other prominent scholars, such as ] in his work, ]<ref name="Tafsir Tha'labi">{{cite book |last1=al-Tha'labi |first1=Abu Ishaq |author1-link=Abu Ishaq al-Tha'labi |editor1-last=Kasrawi Hassan |editor1-first=Sayyid |title=Tafsir Al-Thalabi Al-Kashf and Al-Bayan 1-6 Part 5 |date=2004 |publisher=Dar al Kotob Ilmiyah |url=https://books.google.com/books?id=9217DwAAQBAJ |access-date=29 December 2021 |language=ar}}</ref> | |||
Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions,<ref>Patricia Crone (2004), pp. 371-72</ref> but they may be freed, ransomed, or enslaved. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as '']''. Islamic law does not put an exact limit on the number that can be kept in bondage. It strictly forbids keeping female slaves as a means of sexual enjoyment and luxury according to the Islamic scholar ].<ref>] of the Qur'an by Maulana ], Vol. IV, exegesis of verse 33:52</ref> | |||
* ] madhhab highlighted another case that were used in ] (consensus among scholars) to permit the interrogations towards enemy of the state were including the case when ] and Zubayr once threaten a polytheist informant spy who are being caught by the 2 Sahabah during the spy journey to inform Mecca about Muslims secret military operation.<ref name="A review of jurisprudential arguments for the permissibility of torture in islam">{{cite journal |last1=Razmi |first1=Mohsen |last2=Enferadi Kolarkatteh |first2=Morteza |title=A review of jurisprudential arguments for the permissibility of torture in islam |journal=Revista Quaestio Iuris |date=2005 |volume=11 |issue=3 |doi=10.12957/rqi.2018.36021 |s2cid=159661523 |url=https://www.e-publicacoes.uerj.br/index.php/quaestioiuris/article/view/36021 |access-date=11 December 2021|doi-access=free }}</ref><ref name="Criminal investigation procedures in Islamic law">{{cite book |last1=Muhammad al-Qaysi |first1=Abdul Qadir |title=إجراءات التحقيق الجنائي في الشريعة الإسلامية|trans-title=Criminal investigation procedures in Islamic law |type=Doctor |date=2019 |publisher=Dar al Kotob Ilmiyah |page=342 |isbn=9782745101976 |url=https://books.google.com/books?id=XnmfDwAAQBAJ |access-date=29 December 2021 |language=ar|format=Ebook}}</ref><ref name="Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence">{{cite book |last1=Muhammad Qadi |first1=Abd Allah |title=السياسة الشرعية: مصدر للتقنين بين النظرية والتطبيق : دراسة تأصيلية للوحدة الجامعة بين السياسة والفقه ...|trans-title=Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence... |date=1989 |publisher=sn] |page=90 |url=https://books.google.com/books?id=GuEfAAAAIAAJ |access-date=29 December 2021 |language=ar}}</ref><ref name="Manhaj 'Aqidah Imam asy-Syafi'i">{{cite book |last1=bin A. W. al-Aqil |first1=Muhammad |translator1=Saefuddin Zuhri |translator2= Nabhani Idris |editor1-last=Bamualim |editor1-first=Abu Mubarak |editor2-last=Haryanto |editor2-first=Eko |editor3-last=Syu'aib al-Faiz |editor3-first=Mohammad |title=Manhaj 'Aqidah Imam asy-Syafi'i |date=2006 |publisher=Pustaka Imam asy-Syafi'i |isbn=9789793536224 |page=249 |url=https://books.google.com/books?id=V879rVrWnd4C |access-date=22 December 2021 |language=id |quote=20 Kemudian, Imam asy - Syafi'i atas mengemukakan dalilnya , yaitu hadits ' Ali , ujarnya : “ Rasulullah telah mengutusku bersama Miqdad dan Zubair . ' Pergilah kalian bertiga dan cegatlah seorang perempuan Setelah kami menjumpai ...}}</ref> | |||
This ruling of torturing testified and accepted by Islamic researcher as particular affirmative proposition in certain case against war criminal, which modern time Islamic jurisprudence law theorists agreed on by viewing the measure as the necessity of law upholding, rather than degradation of the rights of the prisoner as human.<ref name="A review of jurisprudential arguments for the permissibility of torture in islam" /> | |||
==Internal conflict== | ==Internal conflict== | ||
Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits.<ref name = |
Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits.<ref name = D/> | ||
During their first civil war, Muslims fought at the ]. In this engagement, ] (the caliph), set the precedent for war against other Muslims, which most later Muslims have accepted. According to Ali's rules, wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go to their legal Muslim heirs.<ref>Madelung (1997), p.179</ref> | |||
Different views regarding ] have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated.<ref name = Fadl/> | |||
Different views regarding ] have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated.<ref name = Fadl/> | |||
] jurists, however, laid down severe penalties for rebels who use "] attacks" and "spread ]". In this category, Muslim jurists included ], poisoning of water wells, ], attacks against wayfarers and travellers, ]s under the cover of night and ]. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator. Further, rebels who committed acts of ] were granted no quarter.<ref name = Fadl>Abou El Fadl, Khaled. . Muslim Lawyers</ref> | |||
] jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread ]". In this category, Muslim jurists included ], poisoning of water wells, ], attacks against wayfarers and travellers, ]s under the cover of night and ]. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator. | |||
==Modern Interpretations== | |||
Some modern commentators have argued that the classical precedent of harsh punishments for rebels engaging in attacks that harmed civilian populations can be taken as evidence that the religious justifications used by ] groups such as ] and ] are in fact, not grounded in the Islamic tradition.<ref name="Fadl">Abou El Fadl, Khaled. . Muslim Lawyers</ref> | |||
In modern times, ] has suggested the legitimate use of ] against enemy combatants if the defending combatants had no other means of self-defense.<ref>{{cite news |first=Magdi |last=Abdelhadi |authorlink= |coauthors= |title=Controversial preacher with 'star status' |url=http://news.bbc.co.uk/2/hi/uk_news/3874893.stm |work= |publisher=] |date=], ] |accessdate=2007-05-13 }} </ref> | |||
==See also== | |||
In the context of ], al-Qaradhawi has argued that killing innocent Muslims, being used as ]s by the enemy, is permissible. He considers the sacrifice of a few Muslims, in order to save the entire Muslim community, as a legitimate tactic.<ref>], “Al-Qaradhawi Speaks in Favor of Suicide Operations at an Islamic Conference in Sweden,” Middle East Media Research Institute, July 24, 2003. </ref> | |||
* ] | |||
== See also == | |||
* ] | * ] | ||
* ] | * ] | ||
* ] | |||
* ] | |||
* ] | * ] | ||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | |||
==Notes== | ==Notes== | ||
Line 125: | Line 135: | ||
==References== | ==References== | ||
*Aboul-Enein, H. Yousuf; Zuhur, Sherifa, "''''", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN |
*Aboul-Enein, H. Yousuf; Zuhur, Sherifa, "''''", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, {{ISBN|1-4289-1039-5}} | ||
*Abu-Nimer, Mohammed ( |
*Abu-Nimer, Mohammed (2000–2001). "A Framework for Nonviolence and Peacebuilding in Islam". Journal of Law and Religion '''15''' (1/2). Retrieved on 2007-08-05. | ||
*{{cite book|first= |
*{{cite book|first=Abdullah Yusuf|last=Ali|title=The Holy Quran| publisher=King Fahd Holy Qur-an Printing Complex|location= Medina|year=1991|author-link= Abdullah Yusuf Ali }} | ||
* {{Cite book|last=Charles|first=Robert H.|author-link=Robert Charles (scholar)|title=The Chronicle of John, Bishop of Nikiu: Translated from Zotenberg's Ethiopic Text|year=2007|orig-year=1916|location=Merchantville, NJ|publisher=Evolution Publishing|isbn=9781889758879|url=https://books.google.com/books?id=KgZ-DOr77OQC}} | |||
*Dāmād, Sayyid Mustafa Muhaqqiq et al. (2003). ''Islamic views on Human Rights''. ]: Center for Cultural-International Studies. | *Dāmād, Sayyid Mustafa Muhaqqiq et al. (2003). ''Islamic views on Human Rights''. ]: Center for Cultural-International Studies. | ||
*Crone, Patricia (2004). '' |
*Crone, Patricia (2004). ''God's Rule: Government and Islam''. ]: ]. | ||
*], ] (2001). '''', ]. {{OCLC|52901690}} | *], ] (2001). '''', ]. {{OCLC|52901690}} | ||
* Nicola Melis, ''Trattato sulla guerra. Il Kitāb al-ğihād di Molla Hüsrev'', Aipsa, Cagliari 2002. | |||
* {{cite book|first=Sayyid Abul Ala|last=Maududi|title=]|publisher=Islamic publications |location= Lahore |year=1967}} | |||
* {{cite book | last = Madelung | first = Wilferd | author-link = Wilferd Madelung | title = The Succession to Muhammad: A Study of the Early Caliphate | publisher = Cambridge University Press | year = 1997 | isbn = 0-521-64696-0}} | |||
* {{cite book|first=Sayyid Abul Ala|last=Maududi|title=The Meaning of the Quran|title-link=The Meaning of the Qur'an (book)|publisher=Islamic publications |location= Lahore |year=1967}} | |||
* {{cite book | first=Sayyid Abul Ala | last=Maududi | title=Human Rights in Islam | publisher=Da'wah Academy | location=Islamabad | year=1998 }} | * {{cite book | first=Sayyid Abul Ala | last=Maududi | title=Human Rights in Islam | publisher=Da'wah Academy | location=Islamabad | year=1998 }} | ||
*{{cite encyclopedia | editor= M. Mukarram Ahmed, Muzaffar Husain Syed | encyclopedia=Encyclopaedia of Islam | publisher=Anmol Publications PVT. LTD. | year=2005 | isbn=81-261-2339-7| title=Encyclopaedia of Islam: Introduction to Islam }} | |||
== |
==Further reading== | ||
*{{cite book | |||
|last = Khadduri | |||
|first = Majid | |||
|year = 1955 | |||
|title = ''War and Peace in the Law of Islam'' | |||
|publisher = Johns Hopkins Press | |||
|isbn = 1-58477-695-1 | |||
}} | |||
*{{cite book | |||
|editor-last = Hashmi | |||
|editor-first = Sohail H. | |||
|year = 2002 | |||
|title = ''Islamic Political Ethics: Civil Society, Pluralism, and Conflict'' | |||
|publisher = Princeton University Press | |||
|isbn = 0-691-11310-6 | |||
|url-access = registration | |||
|url = https://archive.org/details/islamicpolitical0000unse | |||
}} | |||
*{{cite book | |||
|last = Malik | |||
|first = S. K. | |||
|year = 1986 | |||
|title = The Quranic Concept of War | |||
|url = http://wolfpangloss.files.wordpress.com/2008/02/malik-quranic-concept-of-war.pdf | |||
|publisher = Himalayan Books | |||
|isbn = 81-7002-020-4 | |||
}} | |||
==External links== | |||
{{Wikiquote}} | {{Wikiquote}} | ||
* | |||
* | |||
* | |||
{{Islam topics|state=collapsed}} | |||
* | |||
* | |||
* | |||
* | |||
{{DEFAULTSORT:Islamic Military Jurisprudence}} | |||
] | |||
] | ] | ||
] | ] | ||
] | ] | ||
] | ] | ||
] | ] | ||
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Latest revision as of 12:17, 11 November 2024
Islamic laws of war For other uses, see Muslim warfare.Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by Ulama (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the Lesser jihad.
Development of rulings
See also: Jihad, List of battles of Muhammad, and Muhammad as a diplomatThe first military rulings were formulated during the first century after Muhammad established an Islamic state in Medina. These rulings evolved in accordance with the interpretations of the Qur'an (the Islamic Holy scriptures) and Hadith (the recorded traditions, actions (behaviors), sayings and consents of Muhammad). The key themes in these rulings were the justness of war (Harb), and the injunction to jihad. The rulings do not cover feuds and armed conflicts in general.
Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Meccan Quraish against Muslims. It was interpreted as the struggle in God's cause to be conducted by the Muslim community. Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community. Hence, the nature of attack is important in the interpretation—if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (Dar al-Islam) and non-Muslim lands, both friendly and hostile.
According to Shaheen Sardar Ali and Javaid Rehman, both professors of law, the Islamic military jurisprudence are in line with rules of modern international law. They point to the dual commitment of Organisation of Islamic Cooperation (OIC) member states (representing most of the Muslim world) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems.
Ethics of warfare
See also: Islamic ethicsFighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist. War should be conducted in a disciplined way, to avoid injuring non-combatants, with the minimum necessary force, without anger and with humane treatment towards prisoners of war.
During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion and first Caliph, Abu Bakr, in the form of ten rules for the Muslim army:
O people! I charge you with ten rules; learn them well! Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.
According to Tabari, the ten bits of "advice" that Abu Bakr gave was during the Expedition of Usama bin Zayd. During the Battle of Siffin, the Caliph Ali stated that Islam does not permit Muslims to stop the supply of water to their enemy. In addition to the Rashidun Caliphs, hadiths attributed to Muhammad himself suggest that he stated the following regarding the Muslim conquest of Egypt that eventually took place after his death:
You are going to enter Egypt a land where qirat (money unit) is used. Be extremely good to them as they have with us close ties and marriage relationships. When you enter Egypt after my death, recruit many soldiers from among the Egyptians because they are the best soldiers on earth, as they and their wives are permanently on duty until the Day of Resurrection. Be good to the Copts of Egypt; you shall take them over, but they shall be your instrument and help. Be Righteous to God about the Copts.
These principles were upheld by 'Amr ibn al-'As during his conquest of Egypt. A Christian contemporary in the 7th century, John of Nikiû, stated the following regarding the conquest of Alexandria by 'Amr:
On the twentieth of Maskaram, Theodore and all his troops and officers set out and proceeded to the island of Cyprus, and abandoned the city of Alexandria. And thereupon 'Amr the chief of the Moslem made his entry without effort into the city of Alexandria. And the inhabitants received him with respect; for they were in great tribulation and affliction. And Abba Benjamin, the patriarch of the Egyptians, returned to the city of Alexandria in the thirteenth year after his flight from the Romans, and he went to the Churches, and inspected all of them. And every one said: 'This expulsion (of the Romans) and victory of the Moslem is due to the wickedness of the emperor Heraclius and his persecution of the Orthodox through the patriarch Cyrus. This was the cause of the ruin of the Romans and the subjugation of Egypt by the Moslem. And 'Amr became stronger every day in every field of his activity. And he exacted the taxes which had been determined upon, but he took none of the property of the Churches, and he committed no act of spoliation or plunder, and he preserved them throughout all his days.
The principles established by the early Caliphs were also honoured during the Crusades, as exemplified by Sultans such as Saladin and Al-Kamil. For example, after Al-Kamil defeated the Franks during the Crusades, Oliverus Scholasticus praised the Islamic laws of war, commenting on how Al-Kamil supplied the defeated Frankish army with food:
Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power.
The early Islamic treatises on international law from the 9th century onwards covered the application of Islamic ethics, Islamic economic jurisprudence and Islamic military jurisprudence to international law, and were concerned with a number of modern international law topics, including the law of treaties; the treatment of diplomats, hostages, refugees and prisoners of war; the right of asylum; conduct on the battlefield; protection of women, children and non-combatant civilians; contracts across the lines of battle; the use of poisonous weapons; and devastation of enemy territory.
Criteria for soldiering
Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. In addition, the combatants must not be conscripted, but rather enlist of their free will, and with the permission of their family.
Legitimacy of war
See also: Jihad and HirabahMuslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should the enemy's hostile behavior cease, then the reason for engaging the enemy also lapses.
Defensive conflict
According to the majority of jurists, the Qur'anic casus belli (justification of war) are restricted to aggression against Muslims and fitna—persecution of Muslims because of their religious belief. They hold that unbelief in itself is not the justification for war. These jurists therefore maintain that only combatants are to be fought; noncombatants such as women, children, clergy, the aged, the insane, farmers, serfs, the blind, and so on are not to be killed in war. Thus, the Hanafī Ibn Najīm states: "the reason for jihād in our view is kawnuhum harbā ‛alaynā ." The Hanafī jurists al-Shaybānī and al-Sarakhsī state that "although kufr is one of the greatest sins, it is between the individual and his God the Almighty and the punishment for this sin is to be postponed to the dār al-jazā’, (the abode of reckoning, the Hereafter)." War, according to the Hanafis, can't simply be made on the account of a nation's religion. Abdulaziz Sachedina argues that the original jihad according to his version of Shi'ism was permission to fight back against those who broke their pledges. Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces.
Offensive conflict
Muhammad ibn Idris ash-Shafi`i (d. 820), founder of the Shafi'i school of thought, was the first to permit offensive jihad, limiting this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims. This view of al-Shafi'i is mitigated by the fact that an opposite view, in agreement with the majority, is also attributed to al-Shafi'i.
According to Abdulaziz Sachedina, offensive jihad raises questions about whether jihad is justifiable on moral grounds. He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Qur'anic verses revealed required Muslims to wage jihad against unbelievers who persecuted them. This has been complicated by the early Muslim conquests, which he argues were although considered jihad by Sunni scholars, but under close scrutiny can be determined to be political. Moreover, the offensive jihad points more to the complex relationship with the "People of the book".
Some major modern scholars who have rejected the idea of "offensive jihad" include the founder of the Muslim Brotherhood, Hasan al-Banna (1906–1949), the Al-Azhar scholar Muhammad Abu Zahra (1898–1974) who thought that "military jihad is permitted only to remove aggression ('udwân) and religious persecution (fitnah) against Muslims", as well as Syrian scholars Mohamed Said Ramadan Al-Bouti (1929–2013) and Wahbah al-Zuhayli (1932-2015), the latter saying that "peace is the underlying principle of relations between Muslims and non-Muslims. al-Zuhayli maintains that this view is supported by 8:61, as well as 2:208 and 4:94 that establish the principle of international peace. For him, Muslims should be committed to peace and security (on the basis of 4:90 and 60:8)."
International conflict
International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state. Some classical Islamic scholars, like the Shafi'i, classified territories into broad categories: dar al-islam ("abode of Islam"), dar al-harb ("abode of war), dar al-ahd ("abode of treaty"), and dar al-sulh ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and Islamic tradition.
Declaration of war
The Qur'an commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attacks prior to such a declaration are illegal under the Islamic jurisprudence. The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaybiyyah, a time period of four months to reconsider their position and negotiate. This rule, however, is not binding if the adversary has already started the war. Forcible prevention of religious practice is considered an act of war.
Conduct of armed forces
During battle the Qur'an commands Muslims to fight against the enemy. However, there are restrictions to such combat. Burning or drowning the enemy is allowed only if it is impossible to achieve victory by other means. The mutilation of dead bodies is prohibited. The Qur'an also discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.
According to professor Sayyid Dāmād, no explicit injunctions against use of chemical or biological warfare were developed by medieval Islamic jurists as these threats were not existent then. However, Khalil al-Maliki's Book on jihad states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain.
Civilian areas
According to all madhhabs, it is not permissible to kill women or children unless they are fighting against the Muslims. The Hanafi, Hanbali and Maliki schools forbid killing of those who are not able to fight, including monks, farmers, and serfs, as well as mentally and physically disabled.
Harming civilian areas and pillaging residential areas is also forbidden, as is the destruction of trees, crops, livestock and farmlands. The Muslim forces may not loot travelers, as doing so is contrary to the spirit of jihad. Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies.
However, 14th century Fiqih Ibn Hudayl of Granada says:
It is permissible to set fire to the lands of the enemy, his stores of grain, his beasts of burden—if it is not possible for the Muslims to take possession of them—as well as to cut down his trees, to raze his cities, in a word, to do everything that might ruin and discourage him, provided that the imam deems these measures appropriate, suited to hastening the Islamization of that enemy or to weakening him. Indeed, all this contributes to a military triumph over him or to forcing him to capitulate.
Negotiations
Commentators of the Qur'an agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to Maududi, Islam does not permit Muslims to reject peace and continue bloodshed.
Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute.
Ceasefire
In the context of seventh century Arabia, the Qur'an ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab pagans. The Qur'an also required the respect of this cease-fire, prohibiting its violation.
If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression. The "sword verse", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). Patricia Crone states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do. Ibn Kathir states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy. It is read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists".
Prisoners of war
Main article: Prisoners of war in Islam See also: Islamic views on slaveryMen, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, executed, freed, ransomed, exchanged for Muslim prisoners, or kept as slaves. In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write. Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners. Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions, but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage - also referred to as malakah.
Kitab al-Umm of Al-Shafi'i also recorded how Zubayr ibn al-Awwam and Anas ibn Malik convinced Umar to pardon Hormuzan, despite Umar earlier intent to execute the Persian general for the death of his two precious soldiers, Mujaz'ah ibn Thawr as-Sadusi and al-Bara' ibn Malik. Umar in the end agreed with Zubayr and Anas to spare Hormuzan as prisoner of war, and this historical rulings of Zubayr, Anas, and caliph Umar became the guideline for Shafiite scholars that prisoner of war in normal condition are not allowed to be harmed.
Permission to interrogate & torture
However, there are special condition regarding the allowance the conduct of using torture as method of interrogation,
- Ibn Taymiyyah, Hanbalite scholar who has been praised as Mujaddid, has issued Fatwa that using torture on certain case for exceptionally dangerous criminal or enemy of the state were allowed, which based on the conduct of Zubayr ibn al-Awwam, when he tortured the Jewish chieftain Kenana ibn al-Rabi in the aftermath of the conquest of Khaybar fortresses, as Kenana was hiding the war spoils in Khaibar and refused to tell it. Abd al-Aziz Bin Baz, late 19th AD Grand Mufti of Saudi also supported Ibn Taymiyyah fatwa and issued his own fatwa with similar ruling on the basis Zubayr conduct of interrogating Kenana. Ibn Baz highlighted Zubayr conduct were acknowledged and permitted by Muhammad, as Kenana was one of Jewish conspirator in Khaybar. This criminal interrogation procedure exacted by Zubayr towards Kinana were also highlighted by other prominent scholars, such as Ahmad ibn Muhammad al-Thalabi in his work, Tafsir al-Tha'labi
- Shafiʽi school madhhab highlighted another case that were used in Ijma (consensus among scholars) to permit the interrogations towards enemy of the state were including the case when Ali ibn Abi Talib and Zubayr once threaten a polytheist informant spy who are being caught by the 2 Sahabah during the spy journey to inform Mecca about Muslims secret military operation.
This ruling of torturing testified and accepted by Islamic researcher as particular affirmative proposition in certain case against war criminal, which modern time Islamic jurisprudence law theorists agreed on by viewing the measure as the necessity of law upholding, rather than degradation of the rights of the prisoner as human.
Internal conflict
Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits.
During their first civil war, Muslims fought at the Battle of Bassorah. In this engagement, Ali (the caliph), set the precedent for war against other Muslims, which most later Muslims have accepted. According to Ali's rules, wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go to their legal Muslim heirs.
Different views regarding armed rebellion have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated.
Classical jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread terror". In this category, Muslim jurists included abductions, poisoning of water wells, arson, attacks against wayfarers and travellers, assaults under the cover of night and rape. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator.
Some modern commentators have argued that the classical precedent of harsh punishments for rebels engaging in attacks that harmed civilian populations can be taken as evidence that the religious justifications used by Islamist groups such as al Qaeda and ISIL are in fact, not grounded in the Islamic tradition.
See also
- Islam and war
- Geneva Conventions
- Hague conventions
- Rule of Law in Armed Conflicts Project (RULAC)
- Itmam al-Hujjah
- Laws of war
- Opinion of Islamic scholars on Jihad
- Islamic Military Counter Terrorism Coalition
Notes
- ^ Aboul-Enein and Zuhur (2004), pp. 3–4
- Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law". Journal of Conflict & Security Law. 10 (3) pp. 321–43.
- ^ Patricia Crone, Encyclopedia of the Qur'an, "War". Brill Publishers, p. 456.
- Micheline R. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era, University of California Press, p. 45
- ^ Sohail H. Hashmi, David Miller, Boundaries and Justice: diverse ethical perspectives, Princeton University Press, p. 197
- Douglas M. Johnston, Faith-Based Diplomacy: Trumping Realpolitik, Oxford University Press, p. 48
- "BBC - Religions - Islam: War".
- Aboul-Enein, H. Yousuf and Zuhur, Sherifa, Islamic Rulings on Warfare, p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1-4289-1039-5
- Tabari, Al (1993). The conquest of Arabia. State University of New York Press. p. 16. ISBN 978-0-7914-1071-4.
- Encyclopaedia of Islam (2005), p. 204
- El Daly, Okasha (2004). Egyptology: The Missing Millennium : Ancient Egypt in Medieval Arabic Writings. Routledge. p. 18. ISBN 1-84472-063-2.
- John of Nikiû (c. 600s). "CXX.72-CXXI.3". Chronicle. Retrieved 2010-03-31.
- ^ Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. p. 136. ISBN 90-411-0241-8.
- Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. pp. 136–37. ISBN 90-411-0241-8.
- Kelsay, J. (March 2003). "Al-Shaybani and the Islamic Law of War". Journal of Military Ethics. 2 (1). Routledge: 63–75. doi:10.1080/15027570310000027. S2CID 143975172.
- Aboul-Enein and Zuhur, pp. 12-13
- ^ Afsaruddin, Asma (2007). Views of Jihad Throughout History. Religion Compass 1 (1), pp. 165–69.
- ^ Ahmed Al-Dawoody (2011), The Islamic Law of War: Justifications and Regulations, pp. 78–9. Palgrave Macmillan. ISBN 9780230111608.
- Ibn Najīm, Al-Bahr al-Rā’iq, Vol. 5, p. 76.
- Khaled Abou El Fadl, The Rules of Killing at War: An Inquiry into Classical Sources, p. 152. The Muslim World. Volume 89, Issue 2, April 1999. doi: 10.1111/j.1478-1913.1999.tb03675.x
- ^ Sachedina, Abdulaziz (1988). The Just Ruler In Shi'ite Islam. Oxford University Press US. p. 106. ISBN 0-19-511915-0.
- H.R.H. Prince, Ghazi Muhammad; Ibrahim, Kalin; Mohammad Hashim, Kamali (2013). War and Peace in Islam: The Uses and Abuses of Jihad (PDF). The Islamic Texts Society Cambridge. p. 76. ISBN 978-1-903682-83-8. Archived from the original (PDF) on 2017-07-09. Retrieved 2016-04-21.
- ElSayed Amin, Reclaiming Jihad: A Qur'anic Critique of Terrorism, Kube Publishing (2015), pp. 104-106
- ^ Dāmād (2003), p.261
- Maududi (1967), p. 177, vol. 2
- ^ Maududi (1998), p. 36
- Mohammad, Noor (1985). "The Doctrine of Jihad: An Introduction". Journal of Law and Religion. 3 (2). St. Paul: Journal of Law and Religion, Inc.: 387. doi:10.2307/1051182. JSTOR 1051182. S2CID 159793899.
- Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History. DE GRUYTER MOUTON. p. 20. ISBN 9783110824858 – via De Gruyter.
- Ghamid (2001), referring to Sahih Bukhari 3016, and Sahih Bukhari 2613
- Ghamidi (2001), referring to Quran 8:47
- Dāmād (2003), p. 266
- ^ Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History. DE GRUYTER MOUTON. p. 21. ISBN 9783110824858 – via De Gruyter.
- Blankinship, Khalid Yahya (2011). "Parity of Muslim and Western Concepts of Just War". The Muslim World. 101 (3): 416. doi:10.1111/j.1478-1913.2011.01384.x. ISSN 1478-1913.
In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.
- ^ Maududi (1998), p. 35
- Ali ibn al-Athir, Al-Kamil fi al-Tarikh, Vol. 3, p. 227
- Ali (1991), p. 79, quoting Quran 2:190
- Ghamidi (2006), refers to Sahih Bukhari 2629
- Ghamidi (2001), refers to a hadith "plundered is not better than dead meat " Sahih Bukhari 2705
- Salzman, Philip Carl (2008). Culture and Conflict in the Middle East. Humanity Books. p. 142. ISBN 978-1-59102-587-0.
- L'ornement des âmes et la devise des habitants d'el Andalus: traité de guerre sainte islamique. 1939. p. 195.
- Maududi (1967), p. 151–14, vol. 2
- Abu-Nimer(2000-2001), p. 246.
- Ali (1991), p. 81
- This is the Ayah of the Sword Archived 2007-02-06 at the Wayback Machine by Ibn Kathir
- Tafsir of the Qur'an by Ibn Kathir Archived 2005-09-05 at the Wayback Machine
- Brunschvig. 'Abd; Encyclopedia of Islam
- Ibrahim Syed, Education of Muslims in Kentucky Prisons. Louisville: Islamic Research Foundation International
- 'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301–302. Abu Yusuf (d. 798 CE)
- Patricia Crone (2004), pp. 371-72
- ^ Ibn Idris, Muhammad (2020). Iqbal Santosa, Muhammad (ed.). Al-Umm #9: Kitab Induk Fiqih Islam (in Indonesian). Translated by Fuad Syaifuddin Nur. Jagakarsa, Jakarta, Indonesia: Republika Penerbit. p. 87. ISBN 9786232790087. Retrieved 16 December 2021.
- The Legal Thought of Jalāl Al-Din Al-Suyūṭī: Authority and Legacy, Page 133 Rebecca Skreslet Hernandez
- Abi Al-Abbas Ahmed Al-Harrani / Ibn Taymiyyah, Taqi Al-Din (2010). Abdel Qader Atta, Muhammad; Abdel Qader Atta, Mustafa (eds.). الفتاوى الكبرى - فتاوى شيخ الإسلام ابن تيمية 1-6 ج3 [The Great Fatwas - Fatwas of Sheikh Al-Islam Ibn Taymiyyah 1-6 Part 3] (in Arabic). Dar Al Kotob Al Ilmiyah. p. 521. Retrieved 12 December 2021.
- Mahmud Ibrahim Bakhit, Rajab. تهذيب تاريخ الطبرى [Refining the history of al-Tabari]. ktab INC. p. 213. Retrieved 29 December 2021.
- ^ Ibn Baz, Abd al Aziz. "ما حكم تعذيب المجرم المتهم؟" [What is the ruling on torturing the accused criminal?]. BinBaz.org (in Arabic). Retrieved 11 December 2021.
- al-Tha'labi, Abu Ishaq (2004). Kasrawi Hassan, Sayyid (ed.). Tafsir Al-Thalabi Al-Kashf and Al-Bayan 1-6 Part 5 (in Arabic). Dar al Kotob Ilmiyah. Retrieved 29 December 2021.
- ^ Razmi, Mohsen; Enferadi Kolarkatteh, Morteza (2005). "A review of jurisprudential arguments for the permissibility of torture in islam". Revista Quaestio Iuris. 11 (3). doi:10.12957/rqi.2018.36021. S2CID 159661523. Retrieved 11 December 2021.
- Muhammad al-Qaysi, Abdul Qadir (2019). إجراءات التحقيق الجنائي في الشريعة الإسلامية [Criminal investigation procedures in Islamic law] (Ebook) (Doctor) (in Arabic). Dar al Kotob Ilmiyah. p. 342. ISBN 9782745101976. Retrieved 29 December 2021.
- Muhammad Qadi, Abd Allah (1989). السياسة الشرعية: مصدر للتقنين بين النظرية والتطبيق : دراسة تأصيلية للوحدة الجامعة بين السياسة والفقه ... [Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence...] (in Arabic). sn]. p. 90. Retrieved 29 December 2021.
- bin A. W. al-Aqil, Muhammad (2006). Bamualim, Abu Mubarak; Haryanto, Eko; Syu'aib al-Faiz, Mohammad (eds.). Manhaj 'Aqidah Imam asy-Syafi'i (in Indonesian). Translated by Saefuddin Zuhri; Nabhani Idris. Pustaka Imam asy-Syafi'i. p. 249. ISBN 9789793536224. Retrieved 22 December 2021.
20 Kemudian, Imam asy - Syafi'i atas mengemukakan dalilnya , yaitu hadits ' Ali , ujarnya : " Rasulullah telah mengutusku bersama Miqdad dan Zubair . ' Pergilah kalian bertiga dan cegatlah seorang perempuan Setelah kami menjumpai ...
- Madelung (1997), p.179
- ^ Abou El Fadl, Khaled. . Muslim Lawyers
References
- Aboul-Enein, H. Yousuf; Zuhur, Sherifa, "Islamic Rulings on Warfare", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1-4289-1039-5
- Abu-Nimer, Mohammed (2000–2001). "A Framework for Nonviolence and Peacebuilding in Islam". Journal of Law and Religion 15 (1/2). Retrieved on 2007-08-05.
- Ali, Abdullah Yusuf (1991). The Holy Quran. Medina: King Fahd Holy Qur-an Printing Complex.
- Charles, Robert H. (2007) . The Chronicle of John, Bishop of Nikiu: Translated from Zotenberg's Ethiopic Text. Merchantville, NJ: Evolution Publishing. ISBN 9781889758879.
- Dāmād, Sayyid Mustafa Muhaqqiq et al. (2003). Islamic views on Human Rights. Tehran: Center for Cultural-International Studies.
- Crone, Patricia (2004). God's Rule: Government and Islam. New York: Columbia University Press.
- Javed Ahmad Ghamidi, Mizan (2001). The Islamic Law of Jihad, Dar ul-Ishraq. OCLC 52901690
- Nicola Melis, Trattato sulla guerra. Il Kitāb al-ğihād di Molla Hüsrev, Aipsa, Cagliari 2002.
- Madelung, Wilferd (1997). The Succession to Muhammad: A Study of the Early Caliphate. Cambridge University Press. ISBN 0-521-64696-0.
- Maududi, Sayyid Abul Ala (1967). The Meaning of the Quran. Lahore: Islamic publications.
- Maududi, Sayyid Abul Ala (1998). Human Rights in Islam. Islamabad: Da'wah Academy.
- M. Mukarram Ahmed, Muzaffar Husain Syed, ed. (2005). "Encyclopaedia of Islam: Introduction to Islam". Encyclopaedia of Islam. Anmol Publications PVT. LTD. ISBN 81-261-2339-7.
Further reading
- Khadduri, Majid (1955). War and Peace in the Law of Islam. Johns Hopkins Press. ISBN 1-58477-695-1.
- Hashmi, Sohail H., ed. (2002). Islamic Political Ethics: Civil Society, Pluralism, and Conflict. Princeton University Press. ISBN 0-691-11310-6.
- Malik, S. K. (1986). The Quranic Concept of War (PDF). Himalayan Books. ISBN 81-7002-020-4.
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