By N. Shah
Shah argues that the idea that of self-defense in Islamic and overseas legislation is appropriate. Al-Qaeda’s announcement of Jihad doesn't meet the Islamic legal try. equally, the invasion of Iraq doesn't meet the overseas criminal try. Dr Shah examines these motives attributed to Islam and non-Islamic explanations of terrorism and argues that the idea of ‘reactive terror’ offers the main believable reason for so-called Islamic terrorism. the character of conflicts in Afghanistan and Iraq is altering and Muslim leaders (not together with Al-Qaeda or seasoned Anglo-American governments) may possibly, by means of consensus, claim Jihad if the occupying forces don't withdraw. Such assertion will be in accordance with Islamic and overseas legislation.
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Extra resources for Self-Defense in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq
Example text
But if they cease, let there be no hostility except to those who practise oppression” (Koran, 2:193). Yusuf Ali (1989:78) argues that “If the opposite party ceases, to persecute you, your hostility ends with them as a party, but it does not mean that you become friends to oppression. ” Verse 2:193 mentions two objectives to be achieved to bring the use of force in selfdefense to an end: the end of oppression or the achievement of peace. ” This verse clearly reiterates what verse 2:193 purports: “If they cease from fighting and from the persecution of truth .
And if ye do catch them out, catch them out no worse than they catch you out: But if ye show patience, that is indeed the best (course) for those who are patient” (16:126). The main courses shown are forgiveness and no more than what is proportional. The Koran does not allow transgression of these limits: “but do not transgress limits” (2:190). Exceeding these limits is punishable. The greater emphasis of the Koran on accepting the offer of peace may fall under the category of proportionality, but it can also be treated as a separate limitation on the use of force.
Their exception is strong evidence that 32 • Self-defense in Islamic and International Law the fight is against those who fight against us to push back their wickedness (see generally, Kruse, 1956). 4 Dar Al-Islam (Abode of Islam) and Dar Al-Harb (un-Islamic Abode) Some publicists tend to divide the world into Dar al-Islam and Dar al-harb. They consider Dar al-Islam to be always at war with Dar al-harb until it is conquered. “Islam expresses . . division between friend and foe . . by dividing the world into the Dar al-harb—the domain of war—and the Dar alIslam—the domain of Islam, where war is forbidden” (Westbrook, 1992–93:819).