Self-defense in Islamic and International Law potx

[...]... within the boundaries of law, both nationally and internationally 1.2 Self-defense in Islamic and International Law This book makes a comparative analysis of the right to self-defense in Islamic and international law in order to find out whether both are compatible, whether Al-Qaeda’s declaration of Jihad is Islamic, and whether the U.S.-led invasion of Iraq in 2003 meets the test of international law. .. understand Introduction • 3 the right to self-defense in Islamic law, the concept of Jihad and its two main theories—defensive and offensive Jihad—are explained and applied to the case of Al-Qaeda, testing its justification for declaring Jihad against AngloAmerican forces in the Arab Peninsula and elsewhere In order to understand the right of self-defense in international law, the right of self-defense. .. themselves and with the international community In this sense, Islamic law is not religious as the subject matter is not religious The comparison of Islamic international law is not much different from comparing European public law with international law 1.7 Scope of the Book The scope of this book is to look at the right of self-defense from the perspectives of Islamic law and international law and testing... that there is no Islamic international law It is clear from what follows that this view is erroneous The positive answer has two aspects: (a) Islamic international law always existed in its uncodified form, that is, in the form of its sources, such as the Koran; and (b) the codified and binding corpus of Islamic international law is fast growing The two prominent illustrations of codified law are the Convention... Jihad: necessary and proportionate use of force in individual and Self-defense in Islamic Law • 19 collective self-defense Allama Tabatabai (1892–1981) neatly sums up the law and its limitations: These five verses together promulgate a single law covering all its limits and details And fight in the way of Allah is the basic law; and do not exceed the limit puts disciplinary restriction on it; And kill them... Islamic law is and is not religious Islamic law is religious in the sense that it is based and derived from the Muslims’ divine text, the Koran and the Sunnah The subject matter, however, of Islamic law covers spiritual, moral, the hereafter, and secular affairs In simple terms, Islamic law covers the relation of man to God and man to man Islamic international law falls in the secular domain of worldly... force in self-defense in Islamic and international law are compatible By showing this legal compatibility, the trust of Muslims and non-Muslims worlds may be restored on both systems It is argued that the Islamic concept of defensive Jihad must not be hijacked to be used as a tool of terror and violence, and the right of self-defense under international law must not be stretched to a breaking point where... by Al-Qaeda are cases in point (it is argued that the invasion of Iraq in 2003 and the declarations of Al-Qaeda in 1996 and World Islamic Front in 1998 are both illegal) The second argument is the warning regarding the fast changing nature of conflicts in Afghanistan and Iraq These conflicts are constantly deteriorating and many Muslims who were initially against Al-Qaeda might think differently now... However, the word Yadin (literally meaning, hand), occurring in verse 9:29, has different interpretations Hand is usually considered as a symbol of power and authority Ali interprets it as “token of willing submission” and Asad as “with a willing hand.” Rashid Rida (cited in Asad, 1997:262) takes the word Yad (singular of Yadin) in a metaphorical sense and relates the phrase to the financial ability of... compel mainstream Muslim leaders (not necessarily pro 4 • Self-defense in Islamic and International Law Anglo-American governments or Al-Qaeda) to declare Jihad by consensus This kind of consensus declaration of Jihad would be Islamic and compatible with international law (see 2.2.4) 1.3 Significance of Comparative Approach This book looks at the current issue of terrorism from both Islamic and international . U.S led invasion of Iraq in 2003 meets the test of international law. To understand 2 • Self-defense in Islamic and International Law pal-shah-01intro.qxp. of law, both nationally and internationally. 1.2 Self-defense in Islamic and International Law This book makes a comparative analysis of the right to self-defense