Jihad and the islamic law of war
86 Pages
English

Jihad and the islamic law of war

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86 Pages
English

Description

WAR , ISLAMIC LAW , CRUSADES , PEACE , HOLY WAR , LAW

Subjects

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Published by
Published 01 January 2009
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EAN13 9796500117157
Language English

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JIHAD AND THE ISLAMIC LAW OF WAR
the royal aal al-bayt institute for islamic thought 2009 • jordan
JIHAD AND THE ISLAMIC LAW OF WAR
the royal aal al-bayt institute for islamic thought 2009 • jordan
©2007,The Royal Aal al-Bayt Institute for Islamic Thought, Jordan isbn 978 - 9957-428 -21-1
contents
Overview 1. Doesjihadmean “holy war”? 2.What is the role of non-violentjihad? 3.Do Muslims go to war against others merely because they are non-Muslim? 4.What are the Five Basic Rights of Islamic law, and how do they relate to war? 5.What does the Qur’an say aboutjihad and fighting? 6.When do Muslims make treaties? 7.What is the distinction between pre-emption and aggression? 8.What is the difference between “The Abode of Islam” and “The Abode of War”? 9.Is forced conversion an Islamic teaching? 10.What is the “sword verse”?
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11.What are the basic rules of combat as laid down in Islam’s authoritative texts? 12.What is the status of non-Muslims under Islamic rule? 13.What is thejizyah, or poll-tax, on non-Muslims? 14.Does orthodox Islam sanction rebellion against political authority? 15.How does the Islamic law of war come to be violated? Conclusion Further Reading Notes
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overview
what is theIslamic law of war and peace? This crucial question underlies all discussion ofjihad, perhaps the most misrepresented of ideas in the West’s understanding of 1 2 Islam. “Holy war”, “a faith spread by the sword”, “Islamo-3 4 fascism”, “infidel”, and many of the other catch phrases so popular in the uninformed debate on this topic only serve to muddle the issue. It is therefore useful, and even impera-tive, to explain whatjihadis, what it means to Muslims, and how it relates to the concrete issues of war and peace. Since one cannot hope to understand a law by studying the actions of those who break it, we will not discuss here the actions of individuals, but focus on the very sources of Islamic law itself as they relate tojihad, war, and peace.Acts of violence and situations of peace can only be judged, from the point of view of Islam and theShari‘ah(Islamic law), on how fully they accord with the principles set down by the Qur’an, the teachings of the Prophet, and the precedent set by the tradition of religious scholars through the centuries.
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Naked assertions by individuals who claim to speak in the name of Islam without a foundation in these authoritative sources and principlesmustbe examined in light of those very sources and principles, and not accepted at face value. What follows is an attempt to describe the most important issues surrounding the Islamic law of war and peace, and to lay outthe mainstream, traditional Islamic position, comprised of three essential principles:
Non-combatants are not legitimate targets.
• The religion of a person or persons in no way constitutes a cause for war against them.
• Aggression is prohibited, but the use of force is justified in self-defense, for protection of sovereignty, and in defense of all innocent people.
We will expand upon these principles in what follows.
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