Islam
and Humanized Lawful Use of Force
For Liberation From Oppression
Iqbal A. Ansari
I
Islam recognizes peace as a basic requirement of all individuals and groups
for their social, ethical and spiritual well being and growth. Believers are
required to develop an attitude of compassion towards not only fellow human
beings but also all living beings. Under no circumstance, any one should violate
the dignity that God has bestowed upon man. Islam persistently extols the virtues
of mercy, patience, forbearance and forgiveness. However throughout human history
force has been used by individuals, communities and states for settling disputes,
for seeking dominance and for territorial expansion. Force has also been used
to defend life and liberty of one’s own and of communities under attack. Force
has also been used to liberate oppressed people too weak to defend themselves.
As use of force leads to destruction of life and property and as it tends to
engender a climate of hate and revenge, religions generally show an aversion
to violence and preach nonviolent methods of settling disputes. But it is universal
experience of mankind that fear of God and conscience cannot alone guarantee
ethical non-violent conduct of all persons and groups towards other individuals
and groups. Instances of individuals, communities and organised states transgressing
limits of ethical norms and law are common. In the face of such a universal
reality ruling out use of force and committing virtuous religious people to
absolute pacifism will amount to not only escapism, but to unethical surrender
to forces of evil, allowing the weak to be subjugated and oppressed by the powerful,
who, while imposing other injustices, will deny to people freedom of religion
and conscience. Islam considers human life as a struggle wherein it is the duty
of all to establish righteousness and justice by resisting evil within oneself
as well as fighting injustice, mischief and tyranny in the public domain. Force
is thus conceived of as a component of struggle for a peaceful and just order
of life, whose legitimate use requires bringing it under law. As in secular
humanist democratic framework, societies organised as states are required by
Islam to uphold rule of law, by enacting laws based on human rights norms and
by establishing institutions for independent and impartial law enforcement and
justice delivery system. Any offence against life, limb, dignity, property and
freedom, including that of religion and conscience, of any person or group,
is unlawful and the offender (s) must be punished after due process of law.
There has to be no discrimination on any basis in trial and punishment of the
wrong doer (s). Force cannot be used by victims seeking retributive justice.
Determination of guilt and sentencing is the sole prerogative of the independent
judicial tribunals. Rights of victims include right of pardon with or without
compensation. However law, secular as well as Islamic, makes allowance for individuals
and groups to use force to defend their life when under attack or facing serious
threat to life, limb and dignity. Identity-based communities which are subjected
to oppression and persecution, for example people who are forced to flee their
homes or denied freedom to practise their religion, are allowed to use force
to defend their right to life and liberty after having exhausted other peaceful
means of redressal of their situation through negotiation, agreements and treaties.
Similarly communities and peoples denied right to self-determination by colonial/imperialist
nations are allowed to use legitimate force for their liberation. Force can
also be lawfully used by communities and political groups against their own
states, which are not based on rule of law and which deny freedom, equality
and justice to them, and whose law-enforcement system is partisan and state’s
complicity becomes a source of gross violation of rights and recurrence of violence
against them. In the case of individuals and communities subjected to persecution
and oppression, Islam does not want victims to necessarily use retaliatory force.
It rather wants Muslims to bear hardships with patience and forbearance and
be ready to forgive the enemy, and seek conciliation to avoid bloodshed, as
the Prophet did during the period of his mission in Makkah and also through
treaty of peace at Hudaibiya, and after the conquest of Makkah. But faced with
extreme persecution beyond endurance, as exemplified by the Prophet and his
companions, who were denied right to freedom of worship and were forced to flee
their homes while they lived in Makkah, it is not only permitted but enjoined
on Muslims, to fight tyranny with all their might. The holy Quran proclaims
such change of order from tyranny to freedom leading to freedom of worship in
churches, synagogues, monasteries and mosques as manifestation of God’s Will
and Mercy. Use of force is permitted, rather enjoined, by Islam not only against
aggressive unbelievers/non-Muslims to restore justice and peace. In the event
of two parties of Muslims fighting, it is the duty of the righteous people to
make peace among them and to fight the party which persists in wrong doing,
till it returns to the path of equity and justice. In pre-Islamic Arabia tribal
alliances were common, which required allies to fight the common enemy, irrespective
of justness of the cause. In post Hudaibiya Truce situation Prophet Mohammad
made it clear to one of his pagan allies, from the days of his grandfather Abdul
Muttalib that Muslims would come to their rescue it they were oppressed, but
would not aid them if they turned oppressors. The Quran sanctions use of force
not only to secure freedom and justice for one’s own community/country/nation.
It exhorts Muslims to help other people, especially those who are too weak to
defend themselves, to secure freedom, peace and justice. It will still be a
war of defence for not only one’s own rights but of other weak and vulnerable
groups. Thus in a world where powerful individuals, groups and nations can deny
people freedom, dignity and justice, Islamic mission envisages struggle for
peace and justice through persuasion, negotiated agreements and treaties. It
is only in the event of persistence of gross violation of rights and after having
exhausted all peaceful means, that Islam permits humanized lawful use of force
in a just war of liberation from tyranny. Use of force is not lawful in the
eyes of God to propagate any religious belief and creed including Islam, far
less its imposition on others. Islamic Jihad is inspired by no worldly gains
in terms of power, territory, wealth and increase in number of adherents to
one’s faith and creed. Given this perspective force cannot be used against persons
born in a Muslim community who renounce Islam and declare their adoption of
any other faith or no faith.
II
After clearly defining the objectives of legitimate use of force as liberation
from tyranny to secure freedom, justice and peace without any motive of territorial
or ideological/credal expansionism, it is absolute insistence of Islam on observance
of ethical code and humanitarian laws of armed conflict, that brings to the
fore the humanist creed of Islam that would not tolerate any avoidable suffering
and destruction to be caused during hostilities to any creature and to the civilian
life including green crops and trees that support not only humans but animal
life. The objective of use of force being liberation from tyranny, its use can
get legitimacy when absolutely confined to this objective. It requires Muslims
to accept the hand of peace from the enemy even in the thick of a battle, irrespective
of motives, and sign treaty of peace, after which Muslims are enjoined to deal
justly with the enemy, the best example of which was set by Prophet of Islam
after the conquest of Makkah, where he was not only just but magnanimous. Islamic
requirement of strict observance of giving a warning to the enemy and openly
declaring war and its objectives provides opportunity for avoidance of war.
This condition should not be dispensed with even for strategic reasons. If there
existed any treaty with the enemy, its annulment and reasons for it have to
be declared. Honouring treaty obligations and not doing any treacherous act
are enjoined on Muslims as absolute requirements of their faith. Conduct of
war cannot be extended when the objectives have been achieved just to humiliate
the enemy or to cause avoidable suffering. The laws of a just war in Islam are
based on the same principles as are the modern humanitarian laws of armed hostilities
codified as the Four Geneva Conventions (1949). For waging such a war, it has
to be fought under a unified political command and its objectives and timings
have to be declared. The weaponry, terrain, and strategy are to be so designed
and selected as not to routinely violate the humanitarian code. Use of weapons
of mass destruction is therefore outlawed. Internal insurgency and rebellion
can enjoy legitimacy, if any section or group feels persistently oppressed and
other peaceful methods of redressal have been exhausted. But the use of force
by any such group will be governed by the same conditions i.e. unified political
command, application of humanitarian laws distinguishing between military and
civilian targets, especially civilian population. The logic of civilians being
tax-payers and therefore supporters of a tyrannical government and therefore
to be treated as potential combatants is not valid. Taking any non-combatant
civilian hostage is not lawful. In view of the above it is clear that use of
violent methods by armed opposition groups wherein the intended or unintended
victims can be civilians including women and children uninvolved in hostilities,
has no sanction under Islam. The current terrorist practices of hostage taking,
bombing/suicide bombing of civilian buildings, planting explosive devices in
civilian areas, trains and buses, hijacking of planes etc. are all unlawful
according to Islamic code on use of force. However if during any declared hostilities
and armed conflict for a just cause led by a political command, the destruction
of military power and potential of the enemy requires any operation wherein
death of attacking soldiers is certain, such operation will not be impermissible
because of the Islamic prohibition of suicide. In case the operation involves
collateral avoidable death and destruction of civilian persons and activities,
the operation will not be lawful. If the enemy uses human shield for the protection
of its weapons, due warning will be given to all humans to vacate the site.
Even if Jihad is lawfully declared and conducted strictly in accordance with
the Islamic code, it will not be necessarily applicable to all Muslims of the
world irrespective of their relation with their respective governments, and
their status in their own countries. In case a group of Muslims or a Muslim
country declares Jihad against a non-Muslim group or country on valid grounds
and with valid methods, it will not be binding on other Muslim groups or other
Muslim countries. Treaty obligations of any Muslim community and country with
any non-Muslim community/country are required to be given overriding consideration
to those of fraternity of faith. The foregoing discussion should make it clear
that whereas a kind of militancy defined as vigorous struggle directed towards
establishing a just order is inherent in the ideological orientation of Islam,
use of force can seek legitimacy only under strict conditions both while defining
ends as well as means. In this regard Islamic code is no less restrictive than
the civilized world’s consensus as expressed in the UN Charter and the Geneva
Conventions on Humanitarian Laws of War. Terrorism where non-combatants civilians
can and do become victims of force or denial of rights like hijacking or hostage
taking is therefore absolutely illegitimate under Islam. We admit that some
Muslim jurists and theologians have not- interpreted the Quranic teachings on
the use force in the proper spirit and also that the practice of Muslim rulers
in history has not always been in accordance with Islamic ideals. However for
any unjust wars or transgression of humanitarian laws by Muslims in history
or in our times, Islam, i.e. the Holy Quran and the practice of the Prophet,
cannot be held responsible.
III
We hold that all acts of terrorism, wherein force is indiscriminately used causing
destruction, intended on unintended, of civilian life including women, children,
aged, disabled and worshippers are un-Islamic, irrespective of purity of motives
and justice of the cause that some militant groups are inspired with. While
sympathising with such people, like Palestinians, who have been driven to desperation
by a terrorist-racist regime which has occupied their lands and has forced to
flee their homes, we cannot absolve acts that cause avoidable loss of civilian
life, especially of women and children. In view of the Islamic position on legitimate
use of force distinguishing between combatants and non-combatants, and between
military targets and civilian life, we consider all weapons of mass destruction
and landmines, as well as bombing of cities by conventional bombs as inherently
unjust, unlawful and diabolical. It is the civilized Western world which is
responsible for developing and using all this diabolical machinery of war-fare.
Twentieth century has been witness to the diabolical deeds of the West, for
fighting unjust wars in the name of nation and race, which brought untold suffering
and misery to hundreds of millions of people. We appeal to all the militarily
powerful nations of the world, led by the United States of America to start,
in phases, elimination of all weapons of mass destruction and of conventional
weapons and strategies, which are capable of causing indiscriminate destruction
of civilian life. It is only by doing so that ‘civilized world’, especially
the American mission of elimination of terrorism can acquire any semblance of
legitimacy. We appeal to the world community, especially peoples and governments
of the West, not to apply double standard in dealing with the oppression of
and gross injustice to Arab Muslim Palestinians. We also appeal to India and
Pakistan to peacefully settle the Kashmir issue in accordance with the wishes
of the people of Jammu and Kashmir. We appeal to the Indian Government and the
people of India to stop terrorization of religious minorities and persistent
pogroms against them, and to punish the guilty and provide justice to victims.
We pledge to support war on terrorism, but it should not be directed against
people of one faith and region. It should be directed against all forms and
manifestations of terrorism, be it by the U.S., Israel or India and Pakistan.
Moreover fighting terrorism should not undermine due process of law and human
rights norms. It should not be used as an excuse for selective application of
sanction against certain people and for waging war against them, while allowing
Israel to oppress and terrorize and subjugate Muslims. In view of the stated
position of Islam which attaches supreme value to justice and freedom, we also
appeal to all nations including U.S., Israel, India and Pakistan to uphold rule
of law, to respect human rights norms, to sign and specially ratify the statutes
of the International Criminal Court. We appeal to all Islamists with commitment
to human rights to give priority to developing a culture of peace, tolerance
and dialogue in their societies and countries, while engaged in the struggle
for securing justice. We also appeal to Islamists to engage in research and
activism in the area of prevention and peaceful resolution of conflicts, and
in developing effective techniques for peaceful struggles for right of self-determination
and for fighting political and economic injustice that they are faced with.
We appeal to Muslim spiritual leaders and those of other faith communities to
promote peace and justice in the world by seeking non-violent resolution of
conflicts, ensuring fairness to all parties. However while pursuing the noble
quest of a state of everlasting peace in the world, it should be our endeavour
to seek universal observance of humanitarian laws of armed conflict whenever
force is used, so that all non-combatants, especially women, children, old and
disabled enjoy protection of life and dignity during hostilities.