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umm I merely moved the references to the "Notes" section, that's not censorship. secondly perhaps you should use your own advice bout "using the talk page"
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==Development of rulings==
==Development of rulings==
{{see also|Jihad|Muhammad as a general}}
{{see also|Jihad|Muhammad as a general}}
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 [[feud]]s and armed conflicts in general.<ref name="Enein"> Aboul-Enein, H. Yousuf and Zuhur, Sherifa,"''[http://books.google.com/books?vid=ISBN1428910395&id=5F-JEmNr9yUC&printsec=frontcover Islamic Rulings on Warfare'']", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1428910395 </ref>
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 [[feud]]s and armed conflicts in general.<ref name="Enein"> Aboul-Enein, H. Yousuf and Zuhur, Sherifa, "''[http://books.google.com/books?vid=ISBN1428910395&id=5F-JEmNr9yUC&printsec=frontcover Islamic Rulings on Warfare'']", Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN 1428910395 </ref>


Jihad (Arabic for struggle) was given a military dimension after the oppressive practices of the [[Mecca]]n [[Quraish]] against Muslims. It was interpreted as the struggle in the way of [[Allah]] to be conducted by the [[Ummah|Muslim community]]. Injunctions relating to jihad have been characterized as individual as well as collective duties of the [[Ummah|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 Islam#Dar al-Harb|Dar al-Harb]]).<ref name= "Enein"/>
Jihad (Arabic for struggle) was given a military dimension after the oppressive practices of the [[Mecca]]n [[Quraish]] against Muslims. It was interpreted as the struggle in the way of [[Allah]] to be conducted by the [[Ummah|Muslim community]]. Injunctions relating to jihad have been characterized as individual as well as collective duties of the [[Ummah|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 Islam#Dar al-Harb|Dar al-Harb]]).<ref name= "Enein"/>
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==Ethics of warfare==
==Ethics of warfare==
The basic principle in fighting in the Quran is that other communities should be treated as one's own. ({{cite quran|42|41|style=ref}}, {{cite quran|22|60|style=ref}}, {{cite quran|42|39|end=42|style=nosup|expand=no}}, {{cite quran|2|190|style=ref}}, {{cite quran|2|194|style=ref}}, {{cite quran|9|36|style=ref}}) Fighting is justified for legitimate self-defense, to aid other Muslims ({{cite quran|4|75|style=ref}}) and after a violation in the terms of a treaty, ({{cite quran|9|13|end=14|style=nosup|expand=no}}) but should be stopped ({{cite quran|2|193|style=ref}}, {{cite quran|4|90|style=ref}}, {{cite quran|8|39|style=ref}}, {{cite quran|9|3|style=ref}}) if these circumstances cease to exist.<ref name="Crone"> Patricia Crone, Encyclopedia of the Qur'an, War article, p.456 </ref><ref> Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', University of California Press, p.45 </ref><ref name="Boundries_Princeton"> Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', Princeton University Press, p.197 </ref><ref>Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', Oxford University Press, 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"> Patricia Crone, Encyclopedia of the Qur'an, War article, p.456 </ref>
The basic principle in fighting in the Quran is that other communities should be treated as one's own.<ref>{{cite quran|42|41|style=ref}}, {{cite quran|22|60|style=ref}}, {{cite quran|42|39|end=42|style=nosup|expand=no}}, {{cite quran|2|190|style=ref}}, {{cite quran|2|194|style=ref}}, {{cite quran|9|36|style=ref}}</ref> Fighting is justified for legitimate self-defense, to aid other Muslims<ref>{{cite quran|4|75|style=ref}}</ref> and after a violation in the terms of a treaty, <ref>{{cite quran|9|13|end=14|style=nosup|expand=no}}</ref> but should be stopped<ref> {{cite quran|2|193|style=ref}}, {{cite quran|4|90|style=ref}}, {{cite quran|8|39|style=ref}}, {{cite quran|9|3|style=ref}}</ref> if these circumstances cease to exist.<ref name="Crone"> Patricia Crone, Encyclopedia of the Qur'an, War article, p.456 </ref><ref> Micheline R. Ishay, ''The History of Human Rights: From Ancient Times to the Globalization Era'', University of California Press, p.45 </ref><ref name="Boundries_Princeton"> Sohail H. Hashmi, David Miller, ''Boundaries and Justice: diverse ethical perspectives'', Princeton University Press, p.197 </ref><ref>Douglas M. Johnston, ''Faith-Based Diplomacy: Trumping Realpolitik'', Oxford University Press, 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"> Patricia Crone, Encyclopedia of the Qur'an, War article, p.456 </ref>


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:<ref name="Enein"/>
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:<ref name="Enein"/>
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===Declaration of war===
===Declaration of war===


The [[Quran]] ({{cite quran|8|58|style=ref}}) 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.<ref>Maududi (1998), p. 36 </ref> 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.<ref>Maududi (1967), p. 177, vol. 2</ref>
The [[Quran]]<ref>{{cite quran|8|58|style=ref}}</ref> 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.<ref>Maududi (1998), p. 36 </ref> 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.<ref>Maududi (1967), p. 177, vol. 2</ref>


[[Sunni]] jurists believe that jihad can be declared by a political leader with the sanction of [[ulema|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.<ref name= "Enein"/> 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 Empire|Ottoman]] [[Sultan]] during [[World War I]].<ref name= "Enein"/>
[[Sunni]] jurists believe that jihad can be declared by a political leader with the sanction of [[ulema|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.<ref name= "Enein"/> 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 Empire|Ottoman]] [[Sultan]] during [[World War I]].<ref name= "Enein"/>


[[Javed Ahmad Ghamidi]] writes in his book [[Mizan]] that after [[Muhammad]] and his [[Sahaba|companions]], there is no concept in Islam obliging Muslims to wage war for [[proselytization|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]]<ref>[[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]''.</ref> with at least half the power of the enemy. ({{cite quran|8|66|style=ref}}) <ref> Quote:''...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.''</ref><ref>[[Javed Ahmad Ghamidi]], [[Mizan]], ''[http://www.studying-islam.org/articletext.aspx?id=771 The Islamic Law of Jihad] , [[Al-Mawrid|Dar ul-Ishraq]], 2001. {{OCLC|52901690}}</ref><ref>''Misplaced Directives'', [http://www.renaissance.com.pk Renaissance], [[Al-Mawrid|Al-Mawrid Institute]], Vol. 12, No. 3, March 2002.[http://www.renaissance.com.pk/martitl2y2.html]</ref> Some [[Islamic scholar]]s consider the latter command only for a particular time.<ref>[[Sayyid Abul Ala Maududi]], [[Tafhim al-Qur'an]].[http://www.translatedquran.com/meaning.asp?sno=8&tno=253]</ref>
[[Javed Ahmad Ghamidi]] writes in his book [[Mizan]] that after [[Muhammad]] and his [[Sahaba|companions]], there is no concept in Islam obliging Muslims to wage war for [[proselytization|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]]<ref>[[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]''.</ref> with at least half the power of the enemy.<ref>[[Qur'an]] {{cite quran|8|66|style=ref}}, ''...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.''</ref><ref>[[Javed Ahmad Ghamidi]], [[Mizan]], ''[http://www.studying-islam.org/articletext.aspx?id=771 The Islamic Law of Jihad] , [[Al-Mawrid|Dar ul-Ishraq]], 2001. {{OCLC|52901690}}</ref><ref>''Misplaced Directives'', [http://www.renaissance.com.pk Renaissance], [[Al-Mawrid|Al-Mawrid Institute]], Vol. 12, No. 3, March 2002.[http://www.renaissance.com.pk/martitl2y2.html]</ref> Some [[Islamic scholar]]s consider the latter command only for a particular time.<ref>[[Sayyid Abul Ala Maududi]], [[Tafhim al-Qur'an]].[http://www.translatedquran.com/meaning.asp?sno=8&tno=253]</ref>


===Conduct of armed forces===
===Conduct of armed forces===
The Quran discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle. ({{cite quran|8|47|style=ref}})<ref>Ghamidi (2001)</ref>
The Quran 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====
====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>[[Ali ibn al-Athir]], ''[[Al-Kamil fi al-Tarikh]]'', Vol.3, p.227</ref> The mutliation of dead bodies is also prohibited.<ref>Ghamid (2001), referring to [[Sahih Bukhari]] 3016, and [[Sahih Bukhari]] 2613</ref>
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>[[Ali ibn al-Athir]], ''[[Al-Kamil fi al-Tarikh]]'', Vol.3, p.227</ref> The mutliation of dead bodies is also prohibited.<ref>Ghamid (2001), referring to [[Sahih Bukhari]] 3016, and [[Sahih Bukhari]] 2613</ref>


In modern times, [[Yousef al-Qaradhawi]] has legitimized the use of [[suicide bombings]] if the combatants had no other means of self-defence.<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=[[BBC News]] |date=[[July 7]], [[2004]] |accessdate=2007-05-13 }} </ref>
In modern times, [[Yousef al-Qaradhawi]] has legitimized the use of [[suicide bombings]] if the combatants had no other means of self-defence.<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=[[BBC News]] |date=[[July 7]], [[2004]] |accessdate=2007-05-13 }} </ref>


====Civilian areas====
====Civilian areas====
According to Javed Ghamidi, Islam expressly prohibits the killing of those who have not participated in the war. ({{cite quran|4|90|style=ref||}})<ref>Ghamidi (2001)</ref> Javed Ghamidi argues that this principle is not just based on the Islamic faith but also founded in [[customs]] and [[reason]].<ref>Ghamidi (2001), refers to [[Sahih Bukhari]] 3015</ref> [[Shia]] scholar [[Ayatollah Mohammad Taqi Mesbah-Yazdi]] holds a similar position regarding non-combatants.<ref> http://www.mesbahyazdi.org/english/contact-us/afq/contact4.htm#عمليات%20شهادت%20طلبانه</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 [[customs]] and [[reason]].<ref>Ghamidi (2001), refers to [[Sahih Bukhari]] 3015</ref> [[Shia]] scholar [[Ayatollah Mohammad Taqi Mesbah-Yazdi]] 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, pillaging residential areas is also forbidden,<ref>Maududi (1998), p. 35 </ref> as is the destruction of trees, crops, livestock and farmlands. ({{cite quran|2|190|style=ref}})<ref>Ali (1991), p. 79</ref><ref>[[Ali ibn al-Athir]], ''[[Al-Kamil fi al-Tarikh]]'', Vol.3, p.227</ref> The Muslim forces may not loot travellers, doing so is contrary to the spirit of [[Jihad]].<ref>Ghamidi (2006), refers to [[Sahih Bukhari]] 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 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.<ref>Maududi (1998), p. 35 </ref><ref>Ghamidi (2001), refers to a [[hadith]] "plundered [food] is not better than dead meat [forbidden in Islam]" [[Sahih Bukhari]] 2705</ref>
Harming civilian areas, 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>[[Ali ibn al-Athir]], ''[[Al-Kamil fi al-Tarikh]]'', Vol.3, p.227</ref> The Muslim forces may not loot travellers, doing so is contrary to the spirit of [[Jihad]].<ref>Ghamidi (2006), refers to [[Sahih Bukhari]] 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 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.<ref>Maududi (1998), p. 35 </ref><ref>Ghamidi (2001), refers to a [[hadith]] "plundered [food] is not better than dead meat [forbidden in Islam]" [[Sahih Bukhari]] 2705</ref>


[[Yousef al-Qaradhawi]], argues that killing (or [[suicide bombing]]) is acceptable if the goal is to repel the invaders of muslim lands. Innocent Muslim civilian deaths, he argues, are unfortunate but permitted in war. He says such killings are martyrdom, and thus acceptable, since they sacrifice themselves for the sake of a higher goal, and that is to please Allah.<ref>[[Yousef al-Qaradhawi]], “Al-Qaradhawi Speaks in Favor of Suicide Operations at an Islamic Conference in Sweden,” Middle East Media Research Institute, July 24, 2003. </ref><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=[[BBC News]] |date=[[July 7]], [[2004]] |accessdate=2007-05-13 }} </ref>
[[Yousef al-Qaradhawi]], argues that killing (or [[suicide bombing]]) is acceptable if the goal is to repel the invaders of muslim lands. Innocent Muslim civilian deaths, he argues, are unfortunate but permitted in war. He says such killings are martyrdom, and thus acceptable, since they sacrifice themselves for the sake of a higher goal, and that is to please Allah.<ref>[[Yousef al-Qaradhawi]], “Al-Qaradhawi Speaks in Favor of Suicide Operations at an Islamic Conference in Sweden,” Middle East Media Research Institute, July 24, 2003. </ref><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=[[BBC News]] |date=[[July 7]], [[2004]] |accessdate=2007-05-13 }} </ref>


===Negotiations===
===Negotiations===
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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.<ref>Maududi (1998), p.36 </ref>
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.<ref>Maududi (1998), p.36 </ref>


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 famous "[[sword verse]]" ({{cite quran|9|5|style=ref}}), 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.<ref name="Crone"/><ref name="Boundries_Princeton"/> [[Ibn Kathir]] states that the verse implies a hastymission of besieging and gathering intelligence about the enemy, resulting in either death or repentence by the enemy.<ref>[http://www.tafsir.com/default.asp?sid=9&tid=20750 This is the Ayah of the Sword] by [[Ibn Kathir]]</ref> Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression. ({{cite quran|9|29|style=ref}}) According to Clone, if read as a continuation of previous verses, ({{cite quran|9|1|end=23|style=nosup|expand=no}}) it would be concerned with the same oath-breaking of "polytheists". ({{cite quran|9|30|style=ref}}}<ref name="Crone"/>
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 famous "[[sword verse]]" ({{cite quran|9|5|style=ref}}), 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.<ref name="Crone"/><ref name="Boundries_Princeton"/> [[Ibn Kathir]] states that the verse implies a hastymission of besieging and gathering intelligence about the enemy, resulting in either death or repentence by the enemy.<ref>[http://www.tafsir.com/default.asp?sid=9&tid=20750 This is the Ayah of the Sword] by [[Ibn Kathir]]</ref> Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression.<ref>{{cite quran|9|29|style=ref}}</ref> However, if read as a continuation of previous verses,<ref>{{cite quran|9|1|end=23|style=nosup|expand=no}}</ref> it would be concerned with the same oath-breaking of "polytheists".<ref>cf. {{cite quran|9|30|style=ref}}</ref><ref name="Crone"/>


== Prisoners of War ==
== Prisoners of War ==

Revision as of 00:46, 12 September 2007

Template:Fiqh-Mil 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

See also: Jihad and Muhammad as a general

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).[1]

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.[2]

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.[2]

Ethics of warfare

The basic principle in fighting in the Quran is that other communities should be treated as one's own.[3] Fighting is justified for legitimate self-defense, to aid other Muslims[4] and after a violation in the terms of a treaty, [5] but should be stopped[6] if these circumstances cease to exist.[7][8][9][10] Although the language can be considered militant, the principle of forgiveness is reiterated in between the assertions of the right to self-defence.[7]

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:[1]

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.

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.[1] 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.[1]

Hostilities

Declaration of war

The Quran[12] 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.[1] 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.[1]

Javed Ahmad Ghamidi 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][29] 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.[31][32]

Yousef al-Qaradhawi, argues that killing (or suicide bombing) is acceptable if the goal is to repel the invaders of muslim lands. Innocent Muslim civilian deaths, he argues, are unfortunate but permitted in war. He says such killings are martyrdom, and thus acceptable, since they sacrifice themselves for the sake of a higher goal, and that is to please Allah.[33][34]

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.[35]

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.[36]

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.[37]

If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression.[38] The famous "sword verse" (Quran 9:5), 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.[7][9] Ibn Kathir states that the verse implies a hastymission of besieging and gathering intelligence about the enemy, resulting in either death or repentence by the enemy.[39] Crone continues that there is only one verse in the Qur'an which seems to endorse war of aggression.[40] However, if read as a continuation of previous verses,[41] it would be concerned with the same oath-breaking of "polytheists".[42][7]

Prisoners of War

Main article: 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.[43] 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.[44] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners.[45]

Muslim scholars hold that women and children prisoners of war cannot be killed under any circumstances, regardless of their faith,[46] 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.[47]

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.[48]

See also

Notes

  1. ^ a b c d e f g 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. ^ a b 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.
  3. ^ Quran 42:41, Quran 22:60, 42:39–42, Quran 2:190, Quran 2:194, Quran 9:36
  4. ^ Quran 4:75
  5. ^ 9:13–14
  6. ^ Quran 2:193, Quran 4:90, Quran 8:39, Quran 9:3
  7. ^ a b c d Patricia Crone, Encyclopedia of the Qur'an, War article, p.456
  8. ^ Micheline R. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era, University of California Press, p.45
  9. ^ a b Sohail H. Hashmi, David Miller, Boundaries and Justice: diverse ethical perspectives, Princeton University Press, p.197
  10. ^ Douglas M. Johnston, Faith-Based Diplomacy: Trumping Realpolitik, Oxford University Press, p.48
  11. ^ Nadvi(2000), pg. 519
  12. ^ Quran 8:58
  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 Quran 8:66, ...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. OCLC 52901690
  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 Quran 8:47
  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. ^ Abdelhadi, Magdi (July 7, 2004). "Controversial preacher with 'star status'". BBC News. Retrieved 2007-05-13. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  24. ^ Ghamidi (2001), quoting Quran 4:90||}}
  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 Quran 2:190
  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. ^ Yousef al-Qaradhawi, “Al-Qaradhawi Speaks in Favor of Suicide Operations at an Islamic Conference in Sweden,” Middle East Media Research Institute, July 24, 2003.
  34. ^ Abdelhadi, Magdi (July 7, 2004). "Controversial preacher with 'star status'". BBC News. Retrieved 2007-05-13. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  35. ^ Maududi (1967), p. 151-4, vol.2
  36. ^ 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
  37. ^ Maududi (1998), p.36
  38. ^ Ali (1991), p. 81
  39. ^ This is the Ayah of the Sword by Ibn Kathir
  40. ^ Quran 9:29
  41. ^ 9:1–23
  42. ^ cf. Quran 9:30
  43. ^ Tafsir of the Qur'an by Ibn Kathir [3]
  44. ^ Ibrahim Syed, Education of Muslims in Kentucky Prisons. Louisville: Islamic Research Foundation International
  45. ^ '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)
  46. ^ (Patricia Crone. God’s Rule: Government and Islam. New York: Columbia University Press, 2004, pp. 371-72)
  47. ^ Tafsir of the Qur'an by Maulana Maududi, Vol. IV, exegesis of verse 33:52
  48. ^ Abou El Fadl, Khaled. [Commentary: Terrorism Is at Odds With Islamic Tradition]. Muslim Lawyers

References

External links

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