際際滷

際際滷Share a Scribd company logo

Saving and taking life in war

Download as PPTX, PDF
Vincent Rockwell Ogoti
Vincent Rockwell Ogoti

1. The document discusses three modern Islamic scholars - Mawdudi, Hamidullah, and Al-Zuhayli - and their views on jus ad bellum (justice in war) and jus in bello (justice during war) from an Islamic perspective. 2. On jus ad bellum, all three scholars agree that defensive wars and wars to protect religious freedom are justified, but they differ on other grounds for war. Mawdudi adds wars for reform and against apostasy, while Hamidullah and Al-Zuhayli categorize other permitted wars. 3. On jus in bello, all prohibit cruelty, killing ambassadors, and post-surrender killing. Their

1 of 13
Download to read offline
Saving and taking life in war Three Modern Views By Vincent Ogoti
Modern Scholars concentrate on jus ad bellum: reinterpret grounds for jihad International humanitarian law Writing on jus in bello is limited/prohibited in some oppressive states
Meet Abu al- Ala Mawdudi (1903-1979 Founded jama at-I Islam Wrote al-jihad fi al-Islam (1926) and Published Quranic Commentary, tafhim al- Quran 1950-1973
Muhammad hamidullah Published The Muslim Conduct of State 1941 42 in Journal of Islamic Culture
Wahba al- Zuhayli (1932-2015) Professor of Islamic Jurisprudence (university of Damascus) Published Athar al-harb fi al- fiqh al-Islam: dirasa muqarana (1963)
Why the three? Adopt same methodology and substance in the study of the theory of jihad Addresses prevailing international legal regime Similar conclusions on the ethics of killing and saving life Exegeses of authoritative texts Hamidullah Sharia Al-Zuhayla Sharia Mawdudi Quran and Hadith
Views on Jus ad bellum
Mawdudi Do not slay the soul sanctified by God, except for just cause 6: 151; 25:68) Types of legitimate wars 1. Defensive 2. Reformative Authorities Quran: 1. Homicide retaliation is justified 2. Opposing the preaching of Islam 3. Spreading disorder in the Domain of Islam
Cont. Hadith: 4. Adultery 5. Apostasy and rebellion against Muslim body politic
Hamidullah Muslims think of war only as unavoidable, not as desired or to be sought after. It is the exception to the normal state of peace. Categorizes permitted wars into 1. Defensive (includes preventive strikes) 2. Sympathetic 3. Punitive 4. Idealistic
Al-Zuhayli War is a necessary aspect of human existence, one sanctioned by the Quran for self-defense and preserving a just society. Categorizes legitimate war into War against those block the preaching of Islam Defense against persecution (R2P) War to repel aggression against oneself and ones country Jihad goes beyond international law (to protect/within national boundaries)
Views on jus in bello
Jus in bello Combatants Noncombatants WMD Quarter (aman) Give quarter to the enemy Q: 90 Prisoners of war Necessity(darura) Permit attacks if military necessity requires it regardless of whether noncombatants are likely to die Prohibits: - Cruel killing e.g. Burning alive, torture, and mutilation - killing of ambassadors - taking hostages as shields - massacre following surrender - killing through treachery and perfidy Mawdudi take part in fighting e.g. adult males All adult male may be killed lack mental and physical capacity to fight Women, children, old people, the sick, wounded, the blind, the insane, travelers, hermits, religious functionaries Immunity Did not address issue WMD Muslims obliged to develop and acquire all types of weapons Q8:60 *How about killing all adult males? Prohibits killing of the prisoners To be freed or ransomed Hamidullah Women, children, old people, the sick, wounded, the blind, the insane, travelers, hermits, religious functionaries, peasants, traders, merchants, contractors Immunity Not addressed Not to be killed Exceptions -the order of the imam (Muslim interest Al-Zuhayla Those who prepare for battle e.g. soldiers (officers and enlisted men), head of state, military leaders, military medical personnel etc. Will be targeted Women, children, and those who do ordinarily do not take part in fighting. Do not fight anyone unless they fight you WMD permissible To be used as a last resort and only in retaliation Prohibit the use of poisons Do not kill prisoners Freedom or ransom Killing of prisoners in Islam is closer to being prohibited than is to being permitted...

More Related Content

Saving and taking life in war

  • 1. Saving and taking life in war Three Modern Views By Vincent Ogoti
  • 2. Modern Scholars concentrate on jus ad bellum: reinterpret grounds for jihad International humanitarian law Writing on jus in bello is limited/prohibited in some oppressive states
  • 3. Meet Abu al- Ala Mawdudi (1903-1979 Founded jama at-I Islam Wrote al-jihad fi al-Islam (1926) and Published Quranic Commentary, tafhim al- Quran 1950-1973
  • 4. Muhammad hamidullah Published The Muslim Conduct of State 1941 42 in Journal of Islamic Culture
  • 5. Wahba al- Zuhayli (1932-2015) Professor of Islamic Jurisprudence (university of Damascus) Published Athar al-harb fi al- fiqh al-Islam: dirasa muqarana (1963)
  • 6. Why the three? Adopt same methodology and substance in the study of the theory of jihad Addresses prevailing international legal regime Similar conclusions on the ethics of killing and saving life Exegeses of authoritative texts Hamidullah Sharia Al-Zuhayla Sharia Mawdudi Quran and Hadith
  • 7. Views on Jus ad bellum
  • 8. Mawdudi Do not slay the soul sanctified by God, except for just cause 6: 151; 25:68) Types of legitimate wars 1. Defensive 2. Reformative Authorities Quran: 1. Homicide retaliation is justified 2. Opposing the preaching of Islam 3. Spreading disorder in the Domain of Islam
  • 9. Cont. Hadith: 4. Adultery 5. Apostasy and rebellion against Muslim body politic
  • 10. Hamidullah Muslims think of war only as unavoidable, not as desired or to be sought after. It is the exception to the normal state of peace. Categorizes permitted wars into 1. Defensive (includes preventive strikes) 2. Sympathetic 3. Punitive 4. Idealistic
  • 11. Al-Zuhayli War is a necessary aspect of human existence, one sanctioned by the Quran for self-defense and preserving a just society. Categorizes legitimate war into War against those block the preaching of Islam Defense against persecution (R2P) War to repel aggression against oneself and ones country Jihad goes beyond international law (to protect/within national boundaries)
  • 12. Views on jus in bello
  • 13. Jus in bello Combatants Noncombatants WMD Quarter (aman) Give quarter to the enemy Q: 90 Prisoners of war Necessity(darura) Permit attacks if military necessity requires it regardless of whether noncombatants are likely to die Prohibits: - Cruel killing e.g. Burning alive, torture, and mutilation - killing of ambassadors - taking hostages as shields - massacre following surrender - killing through treachery and perfidy Mawdudi take part in fighting e.g. adult males All adult male may be killed lack mental and physical capacity to fight Women, children, old people, the sick, wounded, the blind, the insane, travelers, hermits, religious functionaries Immunity Did not address issue WMD Muslims obliged to develop and acquire all types of weapons Q8:60 *How about killing all adult males? Prohibits killing of the prisoners To be freed or ransomed Hamidullah Women, children, old people, the sick, wounded, the blind, the insane, travelers, hermits, religious functionaries, peasants, traders, merchants, contractors Immunity Not addressed Not to be killed Exceptions -the order of the imam (Muslim interest Al-Zuhayla Those who prepare for battle e.g. soldiers (officers and enlisted men), head of state, military leaders, military medical personnel etc. Will be targeted Women, children, and those who do ordinarily do not take part in fighting. Do not fight anyone unless they fight you WMD permissible To be used as a last resort and only in retaliation Prohibit the use of poisons Do not kill prisoners Freedom or ransom Killing of prisoners in Islam is closer to being prohibited than is to being permitted...