(Redirected from Rules of war in Islam)
'Islamic military jurisprudence' consists of the basic laws governing the military conduct of the "lesser
jihad". These laws govern actions pertaining to
diplomacy and
warfare, in accordance the
traditional Islamic code. Military rulings in Islam are derived from traditional interpretations of the
Qur'an and the
traditions of Muhammad, and vary slightly amongst the different
schools of thought.
Development of rulings
The first military rulings were formulated during the first century (according to the
Hijri calendar). These rulings evolved in accordance with the interpretations of the
Quran and
Hadith(the recorded traditions of Muhammad). The key themes in these rulings were the justness of war, and the injunction to jihad. The rulings do not cover
feuds and armed conflicts in general.
[1]
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 the way of
Allah 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 becomes important — 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 (
Dar al-Harb).
Military jurisprudence, over time, has been affected by other factors as well. Hamidullah lists the practices of early caliphs, concensus amongst Muslim jurists (''
ijma'') and norms established by treaties, pacts and conventions as sources for Islamic military law.
[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.]
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
Organisation of Islamic Conference (OIC) member states to Islamic law and the United Nations Charter, as evidence of compatability of both legal systems.
Ethics of warfare
The basic principle in fighting in the Quran is that other communities should be treated as one's own.
[2] Fighting is justified for legitimate self-defense, to aid other Muslims
[3] and after a violation in the terms of a treaty,
[3] but should be stopped
[5] if these circumstances cease to exist.
[6][7][8][9] Although the language can be considered militant, the principle of forgiveness is reiterated in between the assertions of the right to self-defence.
[6]
During his life, Muhammad gave various injunctions to his forces and adopted practises toward the conduct of war. The most important of these were summarized by
Abu Bakr in the form of ten rules for the Muslim army:
These injunctions were honored by Umar during the early expansion of Islam.
[11]
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.
Jurists are divided on whether
women or non-Muslims are eligible to participate as soldiers.
Traditionally, "adults" have been defined as post-
pubescent individuals above the age of 15. Due to expediency during the
Iran-Iraq war, however,
Ruhollah Khomeini issued a
fatwa lowering the age of the combatants as well as waiving the family's permission as a condition to enlist.
Hostilities
Declaration of war
The
Quran[3] commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attacks are illegal under the Islamic jurisprudence. This rule, however, is not binding if the adversary has already started the war.
[13] The Quran had similarly commanded Muhammad to give his enemies, who had violated the
Treaty of Hudaibiyah, a time period of four months to reconsider their position and negotiate.
[14]
Sunni jurists believe that jihad can be declared by a political leader with the sanction of
religious authorities, whereas
Shia jurists hold that only a just
Imam 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 clerics have refused to categorize the conflict as such, for example the
Ottoman Sultan during
World War I.
writes in his book
Mizan that after
Muhammad and his
companions, there is no concept in Islam obliging Muslims to wage war for
propagation or implementation of Islam. The only valid basis for Jihad through arms is to end oppression when all other measures have failed. Islam only allows Jihad to be conducted by a
Government[15] with at least half the power of the enemy.
[16][17][18] Some
Islamic scholars consider the latter command only for a particular time.
[19]
Conduct of armed forces
The Quran discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle.
[20]
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.
[21] The mutliation of dead bodies is also prohibited.
[22]
In modern times,
Yousef al-Qaradhawi has legitimized the use of
suicide bombings if the combatants had no other means of self-defence.
[23]
Civilian areas
Islam expressly prohibits the killing of those who have not participated in the war.
[24] Javed Ghamidi argues that this principle is not just based on the Islamic faith but also founded in
customs and
reason.
[25] Shia scholar
Ayatollah Mohammad Taqi Mesbah-Yazdi holds a similar position regarding non-combatants.
[26]
Harming civilian areas, pillaging residential areas is also forbidden,
[27] as is the destruction of trees, crops, livestock and farmlands.
[28][21] The Muslim forces may not loot travellers, doing so is contrary to the spirit of
Jihad.
[30] 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 finanically 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.
[27][32]
Negotiations
Commentators of the Quran agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. Islam does not permit Muslims to reject peace and continue bloodshed.
[33]
Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to chieve a just resolution of the dispute.
[Abu-Nimer, Mohammed (2000-2001). "A Framework for Nonviolence and Peacebuilding in Islam". Journal of Law and Religion '15' (1/2): 246. Retreived on 2007-08-05]
Ceasefire
In the context of Arabia, the Quran ordained Muslims must restrain themselves from fighting in the months prohibited by pagans and should respect the cease-fire, prohibiting its violation.
[34]
If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.
[35] The famous "
sword verse" ( ), is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). 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.
states that the verse implies a hastymission of besieging and gathering intelligence about the enemy, resulting in either death or repentence by the enemy.
[36] Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression.
[3] However, if read as a continuation of previous verses,
[3] it would be concerned with the same oath-breaking of "polytheists".
[39] Prisoners of War
Main articles: Prisoners of war in Islam
The historical legal principles governing the treatment of
prisoners of war, in
shar'iah, Islamic law, (in the traditional
madhabs schools of Islamic jurisprudence), closely mirror the pre-existing norms of society during Muhammad's time. 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.
[40] 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.
[41] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.
[42]
Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,
[43] but that they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage and referred to as ''
ma malakat aymanukum''. 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 Maududi.
[44]
Rebellion
Different views regarding 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 travelers,
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. Further, rebels who committed acts of
terrorism were granted no quarter.
[45]
See also
★
Jihad
★
Militant Islam
★
Itmaam-i-hujjat
★
Laws of war
Notes
1. Aboul-Enein, H. Yousuf and Zuhur, Sherifa, "''Islamic Rulings on Warfare''", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1428910395
2. , , , , ,
3.
4.
5. , , ,
6. Patricia Crone, Encyclopedia of the Qur'an, War article, p.456
7. Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', University of California Press, p.45
8. Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', Princeton University Press, p.197
9. Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', Oxford University Press, p.48
10. Patricia Crone, Encyclopedia of the Qur'an, War article, p.456
11. Nadvi(2000), pg. 519
12.
13. Maududi (1998), p. 36
14. Maududi (1967), p. 177, vol. 2
15. Sahih Bukhari, 2957, ''A Muslim ruler is the shield [of his people]. An armed struggle can only be carried out under him and people should seek his shelter [in war]''.
16. Qur'an , ''...if there are a hundred patient ones of you they shall overcome two hundred, and if there are a thousand they shall overcome two thousand by Allah's permission, and Allah is with the patient.''
17. Javed Ahmad Ghamidi, Mizan, ''The Islamic Law of Jihad , Dar ul-Ishraq, 2001.
18. ''Misplaced Directives'', Renaissance, Al-Mawrid Institute, Vol. 12, No. 3, March 2002.[1]
19. Sayyid Abul Ala Maududi, Tafhim al-Qur'an.[2]
20. Ghamidi (2001), referring to
21. Ali ibn al-Athir, ''Al-Kamil fi al-Tarikh'', Vol.3, p.227
22. Ghamid (2001), referring to Sahih Bukhari 3016, and Sahih Bukhari 2613
23. Controversial preacher with 'star status' Magdi Abdelhadi
24. Ghamidi (2001), quoting ||}}
25. Ghamidi (2001), refers to Sahih Bukhari 3015
26. http://www.mesbahyazdi.org/english/contact-us/afq/contact4.htm#عمليات%20شهادت%20طلبانه
27. Maududi (1998), p. 35
28. Ali (1991), p. 79, quoting
29. Ali ibn al-Athir, ''Al-Kamil fi al-Tarikh'', Vol.3, p.227
30. Ghamidi (2006), refers to Sahih Bukhari 2629
31. Maududi (1998), p. 35
32. Ghamidi (2001), refers to a hadith "plundered [food] is not better than dead meat [forbidden in Islam]" Sahih Bukhari 2705
33. Maududi (1967), p. 151-4, vol.2
34. Maududi (1998), p.36
35. Ali (1991), p. 81
36. This is the Ayah of the Sword by Ibn Kathir
37.
38.
39. cf.
40. Tafsir of the Qur'an by Ibn Kathir [3]
41. Ibrahim Syed, ''Education of Muslims in Kentucky Prisons''. Louisville: Islamic Research Foundation International
42. '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)
43. (Patricia Crone. God’s Rule: Government and Islam. New York: Columbia University Press, 2004, pp. 371-72)
44. Tafsir of the Qur'an by Maulana Maududi, Vol. IV, exegesis of verse 33:52
45. Abou El Fadl, Khaled. [Commentary: Terrorism Is at Odds With Islamic Tradition]. Muslim Lawyers
References
★
The Holy Quran, , Abdullah Yusuf, Ali, King Fahd Holy Qur-an Printing Complex, 1991,
★
★
The Meaning of the Quran, , Sayyid Abul Ala, Maududi, Islamic publications, 1967,
★
Human Rights in Islam, , Sayyid Abul Ala, Maududi, Da'wah Academy, 1998,
External links
★
Islam Q&A: Treatment of prisoners-of-war in Islam
★
Islamtoday.net: Islamic Law and Prisoners of War
★
Directives of Islam Regarding Jihad
★
hWeb: The Rules of War According to Islam
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