For instance, jurists considered whether such weapons may be used against an enemy fighting from fortified positions. Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. Origins of the Islamic law of war The emergence of Islam, in 610 A. Afterwards, they must be protected and granted the same rights as civilian temporary residents of the Muslim State in question. His well-constructed analysis turns down the volume of so much shrill rhetoric, and raises hope of breaking the unproductive cycle of blanket condemnations of Islam and Muslims. Third, it examines the circumstances under which it is permissible for Muslims to rebel against their ruler.
Mangonels and similar weapons were mainly used against an enemy at night, which increased the risk of protected persons and objects being harmed. Moreover, as a consequence of European colonialism, Islamic law was replaced, in all but a handful of Muslim countries, by the French or the English legal systems; because of this, Islamic law in most areas, including the law of armed conflict, has remained a purely academic matter. The companions of the Prophet and succeeding generations of jurists grasped the logic guiding the prohibition against targeting these five categories of people, and provided non-combatant immunity for other categories of people as well, such as the sick, the blind, the incapacitated, the insane, farmers, traders, and craftsmen. . Chcete se nás na nìco zeptat? Classical Muslim jurists investigated various interesting cases involving participation by such protected people in hostilities and deliberated on the permissibility of targeting these people. The main objectives of this article are twofold: firstly, to give an overview of the Islamic law position on these specific questions and challenges, in order to, secondly, provide some advice or insight into how forensic specialists can deal with them. It starts with studying the classical Muslim jurists' tripartite division of the world into the 'house of Islam' , 'house of war' , and 'house of peace' to find out the boundaries of the jurisdiction of Islamic law and its position on the extradition of international terrorists.
In brief, the amān system makes it unambiguously clear that enemy combatants must not be targeted if they are not actually fighting. In addition, each of these scholars was an adherent of one of numerous schools of law: of these schools, four are now most prominent in the Sunni world the Ḥanafī, Mālikī, Shāfiʻī, and Ḥanbalī and three among Shiʻītes the Twelvers, Zaydis, and Ismāʻilīs. It also investigates the permissibility under Islamic law of resorting to the use of force to overthrow the governing regime and discusses the Islamic treatment of terrorism and the punishment of terrorists and their accomplices. AbstrAct This paper examines the contributions of the Ḥanafī jurist al-Sarakhsī d. Moreover, because of its contextual and sometimes contradictory rulings, the Islamic law of war is sometimes erroneously used to justify harming protected persons and objects.
يعرض هذا المرجع بإيجاز عددًا من المسائل التي باتت تؤرق الدول والمؤسسات فضلا عن اللجنة الدولية للصليب الأحمر باعتبارها الحارس الأمين على القانون الدولي الإنساني. This shows that Islamic law is being both used and abused in contemporary armed conflict in the Muslim world. Despite or perhaps because of all of that, and because the greatest use of force in the recent decades has been happening in the Muslim world, the subject of jihad remains the most complex and misunderstood part of Islam, not only for the West as indicated by some scholars but also, it seems, for many Muslims. Indeed classical Muslim jurists have succeeded in providing an impressive legal literature that humanizes armed conflicts. This timely work answers the questions of why and how Muslims resort to the use of force. This paper shows that the Islamic law of war has the potential to impact the attainment of peace in our globalized world.
Nonetheless, some Islamic rules on the use of force pose challenges to humanizing armed conflicts. Civilians and non-combatants must not be deliberately harmed during the course of hostilities. Al-Dawoody not only sheds light on Jihad, its justification and the rules of qital combat , he also addresses common misconceptions about Jihad. This paper shows that the Islamic law of war has the potential to impact the attainment of peace in our globalized world. Targeting horses and similar animals during the course of hostilities was permitted, but only if enemy soldiers were mounted on them while fighting.
Image sources: Jarir Bookstore and Linkapedia It is worth adding here that in Islam, a treaty is binding unless it blatantly violates the dictates of the religion in some way. Therefore, as a rule except when required by military necessity attacks against enemy property must be carried out with two aims in mind: to force the enemy to surrender or to put an end to the fighting; to avoid deliberately seeking to cause the destruction of property. The inclusion of Muslim contributions is not meant to create an isolationist, judicious divide between what is Islamic and what is not. The rules in both cases are based on scriptural and historical material and on certain precedents in early Islamic history. International terrorism refers to the following three cases: 1 terrorist acts committed outside of the Islamic state by its citizens; 2 terrorist acts committed outside the Islamic state by its non-citizens; and 3 terrorist acts committed inside the Islamic state by its non-citizens.
This brief introduction shows where, in what sources, the Islamic law of war can be studied. With armed conflicts taking place in so many parts of the Muslim world, the Islamic law of war is as indispensable as ever for the protection of civilians and other persons hors de combat. Leaving aside polemical works, many of which are uninformed, al-Dawoody claims to present a more complete account than other authors. Because of these characteristics, the Islamic law of armed conflict will continue to be used, or at least referred to, by Muslims who use Islam as their source of reference. His study will reward the patient reader with a painstaking deconstruction of numerous unjust misconceptions. They must be fed and given water to drink, clothed if necessary, and protected from the heat and the cold and from cruel treatment. His well-constructed analysis turns down the volume of so much shrill rhetoric, and raises hope of breaking the unproductive cycle of blanket condemnations of Islam and Muslims.
With armed conflicts taking place in so many parts of the Muslim world, the Islamic law of war is as indispensable as ever for the protection of civilians and other persons hors de combat. Regardless of the nuances of their deliberations and their different rulings on the permissibility of targeting these protected people, the mere fact that they investigated these cases and reflected on them proves beyond doubt that the principle of distinction and the doctrine of non-combatant immunity were major concerns for the majority of classical Muslim jurists. The book presents a secular interpretation of the religion of Islam and of the role of Islamic law in society. This paper examines the contributions of the Ḥanafī jurist al-Sarakhsī d. Prohibition against indiscriminate attacks Motivated by the same concerns that led them to investigate the rightness of using mangonels and poison-tipped or fire tipped-arrows means of warfare , classical Muslim jurists also discussed the permissibility of two potentially indiscriminate methods of warfare that could result in the killing of protected persons and damage to protected objects: al-bayāt attacks at night and al-tatarrus the use of human shields. I would like to reccommend this book to anyone interested in the subject, and specifically to those studying the law of war from a Western perspective.