The Use of Force in the Koran

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The Use of Force in the Koran

• Niaz A Shah
• Lecturer in Law
• University of Hull
• n.shah_at_hull.ac.uk

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Overview

• Koranic grounds for the use of force
• Restrictions on the use of force
• Different view Islam v the rest

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Grounds for the use of force

• War, i.e. armed attack
• To those against whom war is made, permission
  is given (to fight), because they are wronged
• (Koran, 2239)

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Grounds for the use of force

• Persecution of Muslims
• And why should ye not fight in the cause of
  Allah and of those who, being weak, are
  ill-treated (and oppressed)?... (Koran 475)

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Restrictions necessity

• And fight them on until there is no more Tumult
  or oppression, But if they cease, let there be
  no hostility (Koran, 2193)

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Restrictions necessity

• If they withdraw from you but fight you not
  then Allah Hath opened no way for you (to war
  against them) (Koran, 490)

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Restrictions proportionality

• Fight in the cause of Allah those who fight
  you, but do not transgress limits (Koran,
  2190)

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Restrictions proportionality

• And if ye do catch them out, catch them out no
  worse than they catch you out (Koran, 16126)

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Restrictions accept peace

• But if the enemy incline towards peace, do thou
  (also) incline towards peace (Koran, 861)

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Different view

• An-Naim (1988)
• Khadduri (1956)

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Theory of abrogation

• Fight and slay the Pagans wherever ye find
  them, and seize them, beleaguer them, and lie in
  wait for them in every stratagem (of war)
  (Koran, 95)

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Theory of abrogation

• Fight those who believe not in Allah nor the
  Last Day, nor hold that forbidden which hath been
  forbidden by Allah and His Messenger, nor
  acknowledge the religion of Truth, (even if they
  are) of the People of the Book, until they pay
  the Jizya with willing submission, and feel
  themselves subdued (Koran, 929)

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Koranic context

• Chapter 9 deals with conduct, not justification
  of fighting
• Focusing on termination of covenants and
  resumption of hostilities

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Chapter 9

• 1. A (declaration) of immunity from Allah and His
  Messenger, to those of the Pagans with whom ye
  have contracted mutual alliances
• 2. Go ye, then, for four months, backwards and
  forwards, (as ye will), throughout the land

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Chapter 9

• 3. And an announcement from Allah and His
  Messenger, to the people (assembled) on the day
  of the Great Pilgrimage,- that Allah and His
  Messenger dissolve (treaty) obligations with the
  Pagans
• 4. (But the treaties are) not dissolved with
  those Pagans with whom ye have entered into
  alliance and who have not subsequently failed you
  in aught, nor aided any one against you

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Chapter 9

• 5. But when the forbidden months are past, then
  fight and slay the Pagans wherever ye find them,
  and seize them, beleaguer them, and lie in wait
  for them in every stratagem (of war)
• 6. If one amongst the Pagans ask thee for asylum,
  grant it to him, so that he may hear the word of
  Allah. and then escort him to where he can be
  secure

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Chapter 9

• 7. How can there be a league with the Pagans,
  except those with whom ye made a treaty near the
  sacred Mosque? As long as these stand true to
  you, stand ye true to them
• 8. How (can there be such a league), seeing that
  if they get an advantage over you, they respect
  not in you the ties either of kinship or of
  covenant?

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Chapter 9

• 12. But if they violate their oaths after their
  covenant, and taunt you for your Faith,- fight ye
  the chiefs of Unfaith for their oaths are
  nothing to them
• 13. Will ye not fight people who violated their
  oaths, plotted to expel the Messenger, and took
  the aggressive by being the first (to assault)
  you?

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Vienna Convention on the Law of Treaties, 1969

• 1. A material breach of a bilateral treaty by one
  of the parties entitles the other to invoke the
  breach as a ground for terminating the treaty or
  suspending its operation in whole or in part

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The Koran the UN Charter

• Koranic grounds
• Fighting, i.e. attack
• Persecution of others
• Restrictions
• Necessity
• Proportionality
• Accept peace

• Charter grounds
• Art 2(4)
• Art 51 self-defence
• Humanitarian intervention
• Restrictions
• Necessity
• Proportionality

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Book

• Self-defence in Islamic International
• Law Assessing Al-Qaeda and Iraq
• Invasion. New York Palgrave
• Macmillan (2008)

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