Just War

Just War

1. Just war - non-islamic

   • long tradition in the West (Romans
     • cicero, 3 rules: there must be a just cause for war, a formal declaration of war by someone of authority, war must be conducted justly
   • Modern
     • just ad bellum rules
       • Just cause Prinple
         • but what is a just cause - repel an attack, coming to aid of nation that's been attacked, if a large portion of population is suffering bc gov's action
           • subjectivity!
             • for ex 9/11/terrorism - not a nation's do
               • changing world - notion of nations, wars between ideologies - invasion can be 'cultural corruption', who is a legitimiate leader if its war of ideologies?
       • Legitimate Authority principle
       • Good Intentions pinciple
       • Likelihood of success
       • last resort principle
     • jus in bello rules
       • Proportionality
       • Discrimination

2. Just War - Islamic

   • home of war vs home of peace
     • no war = just - we can only hope the fighters will fight fairly
     • Tibi: war is ethical bc on unbelievers
       • just war= spreading Islam
       • world divided in 2: house of war, home of peace
         • moral obligation to make war on those of the House of War
       • war in arab = 'battle, fight' (last resort) but also = permanent state between muslims and non-muslims
         • dawah - jihad = struggle to make the world peaceful - can be violent if opposition
   • Jihad in the Quran
     • = struggle, strive, not 'Holy war'
       • diff sorts of jihad
       • in quran usually mentioned in peaceful or sometimes ambiguous way
     • importance of dialogue /conflict resolution
       • conflict create by the variety of practices and beliefs
         • Quran doesn't require everyone to be Muslim religiously (born Muslim bc it is part of the essence God gave us)
           • thus conflict resolution= possible
             • evil part of the world so sometimes force must be used too
     • many passages seem violent out of context but put back into context are quite acceptabel
   • JIhad in the Sunna
     • Mo = not as peaceful as Jesus
       • as head of State - had to handle conflict
       • in a culture where courage on battlefield was valued
         • BUT conflicts were quite restricted and bloodshell avoided as much as possible
           • conflict-free times
           • civilians should not be harmed
           • gratuituous destruction avoided
       • when sent his men into battle - made sure they would fight justly
       • still described as using violence = last resort
   • Hasan al-Banna and Qutb
     • Banna (Muslim Brotherhood)
       • litteral interpretation
         • ignores tolerant verses and uses the more violent to show fighting for God = encouraged
       • jahiliyya - the age of ignorance - any place that has non-believers
         • world divided in two
     • Qutb
       • jahiliyya = system limiting freedom -> war against it = just bc defense of men's freedom
       • Muslim vs non-Muslim = eternal conflict
   • Mawdudi
     • interpreting Islam as peaceful = try to make Islam fit into western mould
     • Whole humanity must benefit from Islam - Jihad = liberation
     • Jihad= revolution - uniting all the people
       • not necessarily war but struggle towards an islamic state (the fairest, best for everyone etc
         • can be political (for ex for the Muslims living in non-muslim lands)
   • Just War applied to islam
     • usually issues around War addressed by legal scholars
       • usually treated with pragmatism - justify war for the good of state, rather than morally
     • Averroes - Jihad as self-defense = justified - but what about war for expansion?
       • letter - protection - war
       • no forced conversions
     • aim of jihad= create house of peace
       • soldiers as exemplary behaviors
       • Qu'ran specifies war conditions for prisoners and civilians
       • Mo: limits for the troops along the idea of Principle of discrimination and proportionality

3. Ben Laden's fatwa

   • USA: their acts in M_E (and Israel) = declaration of war against Islam, God, Mohammed
     • killed disproportionately, crusade occupation of Peninsula
     • threaten and oppress Muslims in M-E
   • jihad as clearly stated by Quran, praised by Mo and by ulema throughout history
     • individual duty for every muslim
     • Jihad 'justified' by self-defense and duty towards oppressed

4. Jihad = self-defense thus does not engage with idea of just war

   • West: jihad = crusade, terorism
   • inner (struggle to purify oneself by overcoming obstacle of ego) vs outer (struggle to overcome outside obstacles
     • //
       • violent jihad only justified for self-defense
         • // Just war?
           • self-defense = morally ok -> for individuals but also for groups (ex nations)
           • all muslims= one community - so one is attacked, everyone can defend them
             • Muhajideen
   • Just War - problems
     • right for self-defense is not = right to have weapon
       • state is threatening if it has weapons and thus 'justifies' just war by neighbors on himslelf - build up of tensino by been allowed to acquire weapons
       • having weapons = not necesseraliy best way to defend oneself - achieve security
     • pre-cautionary principle applies by certain - war in irks - if we don't do anything it could be terrible so we should do something even if no evidence

5. Quran preach for forgivness - but revenge not forbidden and violence seems justified in some cases

   • litteralism cannot settle use of violence or not
     • what can help us interpreted?
       • Qutb: jihad is not self defense - state must protect people's freedom of belief
         • human reason = fallible
           • most of us don't understand the Absolute/Universal
             • but doesn't advocate litteralims
             • elite -> places milestons (show us the way)
             • dialectic between all Muslims bc individually we are too fallible but together we can discuss ideas and come to right decisions - hopefully
             • terrorists think they know the absolute truth - so taking themselves for prophets
               • Thorpe- fundamental islamist movements developped in countries where they were illegal - to survive structure of chierarichal cells - no room for dialogue
       • Mawdudi - islam is not a religion of peace - everyone has duty to engage in ihad to replce system with muslim ay of life
       • Islam // liberalism
         • freedom of belief
           • Muslims should call for further reform rather than annihilate liberalism
         • western idea that religion and the state must be separated to guarantee freedom of belief - but islam advocates freedom of belief - no need to separate them then?