Citation

Ishan Jan MN. Int. J. Humanit. Soc. Sci. 2011; 1(2): 68-78.

Copyright

(Copyright © 2011, Center for Promoting Ideas)

DOI

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PMID

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Abstract

The 'use of armed force in international relations' is extensively discussed from the view point of international law but not so from the Shari'ah (Islamic Law) perspective. International law on the use of armed force is summed up in the Latin term of jus ad bellum, which literally means "law to war" or justice to war. Technically, jus ad bellum refers to set of rules that regulate the initiation of the use of armed force. Jus ad bellum rules are now laid down in the United Nations Charteriii, a multilateral treaty to which 192 States, including all the Muslim States are parties. Generally, the Charter prohibits the use of armed force in international relations, as per Article 2 (4), but allow it if used in self-defense , as per Article 51, or its use is authorised by the UN Security Council, as per Chapter VII of the UN Charter. Jus ad bellum is different from 'jus in bello' (law in war) the former regulates the initiation of armed conflict while the later, known also as the international humanitarian law (IHL), controls the conduct of the warring factions once armed force is usedix, irrespective of whether the use of armed force was legal or illegal. The Shari'ah has well developed rules of both jus ad bellum and jus in bello but the later falls outside the scope of the present paper.

I am writing this paper to demonstrate that Shari'ah, unlike its misperception in the West, firmly stands for peace and security of humanity and refute the unjustified claim by some people who seeks to portray Islam as an 'inherently violent' and 'expansionist religion' equating it with 'fanaticism, intolerance', 'violence' and 'wars of aggression'. These people contend, either out of ignorance or ill motive, that the Shari'ah exhorts Muslims to propagate and protect the Islamic faith through the means of aggressive war. They cite the horrific terroristic attacks on the World Trade Center and the Pentagon on September 11, 2001 which they blamed Muslims for it. It is not established who carried out this attack but whoever did it could not be justified on legal, moral or religious ground. Terrorism is abhorred by Islam and has no place in its laws, i.e., the Shar'iah. Shari'ah, firmly stands for peace and security of humanity.It sanctifies human life, ensures the dignity of human kind, guarantees faith and provides for the protection of public and private properties. These and other Islamic values, such as justice, equality of all human race, tolerance, peaceful coexistence and harmony can be adversely affected by the use of armed force particularly when it is used unjustifiably or aggressively. To protect these values the Shari'ah, as will be discussed in this paper, promotes peace and generally prohibits the use of armed force.

Language: en