By Ahmed Al-Dawoody
Al-Dawoody examines the excuses and laws for going to conflict in either overseas and household armed conflicts less than Islamic legislation. tested are a number of the different types of use of strength via either country and non-state actors so that it will verify the character of jihad, the Islamic legislation of struggle, and in particular even if Islamic legislation sanctions “holy war,” offensive warfare, or purely shielding war.
It additionally investigates the permissibility less than Islamic legislations of resorting to using strength to overthrow the governing regime and discusses the Islamic therapy of terrorism and the punishment of terrorists and their accomplices. This well timed paintings solutions the questions of why and the way Muslims inn to using strength.
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Extra resources for The Islamic Law of War: Justifications and Regulations
Sample text
This approach has necessarily led to distorted judgments and even to the creation of readings of the history and texts of Islam that are totally different from those of the Muslims. Muslim and Western scholarship agree that a state of war was the normal state of relations between the various tribes in Arabia at the time of the advent of Islam. Outbreaks of war in Medina during the Prophet’s lifetime have been a rich source for constructing various, and sometimes contradictory, theories on the nature and objectives of war in Islam.
In dealing with such narrations, researchers use their imagination to determine what actually happened so that they can construct their theories. These imaginative approaches to interpreting, and then assessing, these incidents are the origin of the many polemical theories on the tradition of war in Islam, which are determined, to a great extent, by whether the researchers interpret and assess these incidents within their contexts and according to the norms, culture, and mentality of the people involved in the incidents, or whether they approach them with the mindset of the twenty-first century.
135 It is probable that the story of this gathering was only a rumor, as al-Wāqidī remarks,136 because there is no indication of any confrontation or preparation for war. Moreover, Ibn Ishāq adds: “When the apostle reached Tabūk Yuhanna b. Rū’ba governor of Ayla came and made a treaty with him and paid him the poll tax. indd 29 1/14/2011 3:09:01 PM THE ISLAMIC LAW OF WAR were planning, return stolen property, fight against those who were preparing to attack Medina, kill an individual for the same reason, fight those who killed one of the Prophet’s messengers, and, in five instances, to destroy Quraysh idols after the taking of Mecca.