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SQNLDR (ret) Hyder Gulam ! Registered Nurse, Mediator, Barrister and Solicitor BA, BN, LLB, LLM (ANU), LLM (Melb), MBA, FRCNA
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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 enemys flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.
(Caliph Abu Bakr - The 1st Caliph after Prophet Muhammads (PBUH) death)
Aims
Explain Islamic concepts of War" Rules of Warfare" Comparison with IHL"
Chronology
Mecca, Medina and Hijra" The Battle of Badr" The Battle of Uhud" The Battle of al-Khandaq (Al-Ahzab) (the trench)" Peace of Hudaybiyah" Conquest of Mecca." The Persian and Byzantine Empires" the Ottoman Empire" Henry Dunant & the Red Cross"
The Quran
Generally two periods of revelation." Meccan - Verses taught patience, forgiveness and restraint." Medinan - development of permission to use force in selfdefence, due to hostility against Muslims." Tensions between the two periods? Abrogation?" Gods words cannot be abrogated. Need to look at the context of the verse - historically and textually." Three distinct triggers for the use of force:" To stop fighting, protect mission of Islam, and to defend religious freedom.
In context:
Sura 8.12 Remember thy lord has inspired the angels with the message. Give firmness to the believers and instill terror into the hearts of the unbelievers. Smite them above their necks and smite the fingertips of them. Sura 8 is about the Battle of Badr. Sura 9.5 "When the sacred months have passed, kill the idolaters where ever you find them." Sura 9 - Why leave out verse 4 and 6? Verse 4 says, "But the treaties are not dissolved with those Pagans with whom you have entered into alliance and who have you subsequently failed you in aught, nor aided anyone against you. So fulfill your engagements with them to the end of their term: for God Loves the righteous." Sura 47.4 "When you encounter the unbelievers, Strike off their heads. Until you have made a wide slaughter among them tie up the remaining captives. Sura 47 was revealed during the first year of Hijrah when the Muslims were under threat of invasion from Mecca.
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Military Discipline
Unlike man-made law, Islamic law is enforced by Gods sanction in the hereafter." Belief in the day of judgement, and being accountable for our actions." Ultimate court of review." Thus, if you fight right, then you are also worshipping in the path of God."
Fighting Right
2:190-194 Al-Baqarah - The Cow." Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors. And slay them wherever ye catch them, and turn them out from where they have turned you out; for tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith. And fight them on until there is no more Tumult or oppression, and there prevail justice and faith in God; but if they cease, Let there be no hostility except to those who practise oppression. But if they cease, God is Oft-forgiving, Most Merciful If then any one transgresses the prohibition against you, transgress ye likewise against him. But fear God, and know that God is with those who restrain themselves.
Rules of Warfare
60:8-9 Al-Mumtahina " God does not forbid you respecting those who have not made war against you on account of (your) religion, and have not driven you forth from your homes. In fact, God loves those who are equitable. " God only forbids you respecting those who made war upon you on account of (your) religion, and drove you forth from your homes and backed up (others) in your expulsion, that you make friends with them, and whoever makes friends with them, these are the unjust.
Rules of Warfare
Individuals cannot declare war, neither can a group or organisation. " War is declared by the state."
Rules of Warfare
Treating the enemy with mercy." Ban on torture." Respecting the enemys dead." Not attacking civilians and targeting the innocent - example of the way that the Prophet and his companions refrained from such action against those who opposed them from Mecca.
Rules of Warfare
Not targeting fellow Muslims." Acting within the hierarchy of order and command." Humanitarian aid to the enemy." War as the last resort.
Rules of Warfare
Baqara 2:191 if they fight you slay them - permission to take life is restricted to being in a state of war." Enemy has to be a combatant - those who are non-combatants are regarded as innocent." Those enemies who do not inflict harm cannot be killed." but do not transgress limits; for God loveth not transgressors.
REFERENCES
Salim Al-Bahnasawy, Non-Muslims in the Shariah of Islam (Cairo, Dar An-Nashr Lil-Jamiat-Egypt, 2004)" Ergun Capan (ed), An Islamic Perspective: Terror and Suicide Attacks (New Jersey, Light, 2005)." H. Gulam, Islam, Law & War, Murdoch University Electronic Journal of Law, Vol 13, No 2, 2006, at https://elaw.murdoch.edu.au/ Abdur Rahman I. Doi, Shariah: The Islamic Law (Kuala Lumpur, A.S Noordeen, 1989)" C.G Weeramantry, Islamic Jurisprudence: An International Perspective (Kuala Lumpur, The Other Press, 2001)
Questions?
Verily, God will not change the condition of a people until they change what is in themselves ~Quran 13:11 26
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