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Thread: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

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    Default Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    http://seekersguidance.org/blog/2010...m-zaid-shakir/

    Originally posted at: New Islamic Directions - Imam Zaid Shakir

    This essay, written in the immediate aftermath of the failed New York City bomb attempt [1], will examine some of the theological implications of Muslims violating civilian immunity. I have written elsewhere why attacks against innocent civilians are in opposition to fundamental teachings of Islam. Unfortunately, there are some Muslim ideologues that sanction such actions and a growing number of Muslim civilians and noncombatants are being killed by their coreligionists, in Iraq, Afghanistan [2], and elsewhere. For these reasons, the argument that follows is more than merely hypothetical.

    Western military commanders, politicians and philosophers who have sanctioned the
    widespread bombing of civilian populations –owing to the industrialization of war and its being wedded with nationalist ideology during the 19th and 20th centuries- realize that their actions involve a dangerous moral leap. The following passage from Phillip Meilinger’s work on the moral implications of modern warfare illustrates this point:

    The Fall of France in 1940 left Britain alone against Germany. The ensuing Battle of Britain, culminating in the Blitz, left England reeling. Surrender was unthinkable, but it could not retaliate with its outnumbered and overstretched army and navy. The only hope of hitting back at Germany and winning the war lay with Bomber Command. But operational factors quickly demonstrated that prewar factors [emphasizing precision bombing of military objectives] had been hopelessly unrealistic. …Aircrew survival dictated night area attacks, and, in truth, there was little alternative other than not to attack at all. Moral constraints bowed to what was deemed military necessity, which led air leaders down a particularly slippery slope. [3]

    That slippery slope led to wanton massacres of civilians that were unprecedented in history and they culminated in the nuclear incineration of the Japanese cities of Hiroshima and Nagasaki. Muslims who would sanction gross violations of civilian immunity, owing to strategic desperation, are entering on a similarly slippery slope. However, there is a huge difference between the norms that govern western strategic thinking and those defined by Islam. Namely, western norms are socially constructed while those defined by Islam have their origin in revelation –the latter as understood by Muslims. Hence, from a Muslim perspective, and that perspective is critical for the argument we are making, western norms are subject to change with changes in social, political, economic and especially technological considerations, while Islamic norms are transcendent. [4]

    The idea of total war, which holds that there is no distinction between the combatant and noncombatant elements of an enemy population, and that both groups can legitimately be targeted by an armed force, is ancient. The Peloponnesian War (431-404 BC), as documented by Thucydides, involved both the mobilization of entire populations for the war effort and likewise the eradication of entire populations, such as the inhabitants of Milos. During the Middle Ages, the Mongol invasion of the Muslim heartland of Asia could be described as a campaign of total warfare that left unimaginable death and destruction in its wake.

    The existence of total war campaigns during early historical periods is accompanied by efforts to extend immunity from violent conflicts to civilians. Plato, various Roman philosophers, Medieval Christian theologians, orders of knights and in the early modern period, theorists such as Francisco de Victoria and Hugo Grotius all advocated various degrees of civilian immunity from the scourges of war.

    In the western intellectual tradition, thinking surrounding this idea during various historical epochs was associated with prevailing views of just and unjust actions as well as the self-interest of relevant societal actors, as opposed to clear and deeply rooted scriptural pronouncements. This was true even among Christians. Hence, we do not see meaningful discussions on limiting the destructiveness of war among Christian theologians until the 4th Christian Century with the work of St. Augustine.

    In Europe, changing conditions and circumstances have led to changing positions on the issue of civilian immunity. For much of the latter Middle Age the prevailing European views were dominated by ideas emerging from the Catholic Church’s Peace of God movement, and the writings of St. Thomas Aquinas. The advent of the nation-state in the aftermath of the Peace of Westphalia in 1648 would introduce a new epistemology to govern thinking around strategic affairs, even though Medieval Christian thinking still informed attitudes and policies related to civilian immunity, at least until the French and Industrial Revolutions.
    These nearly simultaneous developments led to the idea that the civilian infrastructure needed to support a modern war effort was so essential to its successful prosecution that it transformed civilians into combatants. As a result, beginning with the Napoleonic Wars and the American Civil War, conflicts in the West would witness the erosion of civilian immunity –at least until the aftermath of the World War Two.

    Unlike the situation prevailing in non-Muslim lands, the idea of civilian immunity among Muslims has been rooted in clear scriptural pronouncements from the prophetic epoch. Qur’anic passages establishing the sanctity of innocent life (Q. 5:32) and not expanding hostilities to noncombatants (Q. 2:190) coupled with prophetic strictures against killing women, children, monks, and other noncombatants created the basis for a strong and enduring Muslim ethic governing civilian immunity. Although there have clearly been instances when some Muslim rulers and commanders have not respected that ethic, it has generally remained a restraining factor throughout Muslim history. [5]

    Among its greatest fruits has been the existence of large non-Muslim populations in historical Muslim empires, the general lack of forced conversion of non-Muslim populations, a lack of genocidal massacres undertaken by Muslim armies [6], and the peaceful coexistence of Muslims and other faith communities in areas such as Andalusia, Bosnia, Palestine and Iraq, historically.

    As changing geopolitical and technological realities dictate changes in the norms governing the intentional targeting of civilians in western strategic thinking, there is no inherent damage to the integrity of western secular thought. Indeed, the socially constructed nature of those norms only serves to reinforce the secularity of the process whereby they are arrived at and the analytical methods governing their assessment. This is not the case for the transcendental Islamic ideal governing civilian immunity. When it is abandoned by Muslims, a critical aspect of the religion itself in abandoned.

    As Dr. Tim Winter (Abdul Hakim Murad) [7], expanding the work of John Gray [8] and others, argues, when that abandonment occurs in the modern context, it is precisely because the transcendental Islamic ideal has been forsaken or lost. Muslims who target civilians are robbed of any moral high ground in their struggle with opposing forces and are left naked before the bitter winds of political expediency. If expediency demands suicidal murder, bombs in mosques and marketplaces or in the heart of western cities then in the view of those who have entered upon this vile path, so be it.

    At the heart of the Islamic ethic regarding the sanctity of innocent life is the following verse in the Qur’an, alluded to earlier:

    Owing to that [first instance murder] we ordained for the Children of Israel that whosever takes an innocent life for other than retribution for murder or murderous sedition in the land it is as if he has killed all of humanity, and whoever saves a life it is as if he has saved all of humanity. Our Messengers have come to them with clear proofs, yet even after that many of them exceed limits in the land.[9] (Q. 5:32)
    من أجل ذلك كتبنا على بني إسرائيل أنه من قتل نفسا بغير نفس أو فساد في الأرض فكأنما قتل الناس جميعا و من أحياها فكأنما أحيا الناس جميعا و لقد جاءتهم رسلنا بالبينات ثم إن كثيرا منهم بعد ذلك في الأرض لمسرفون

    This verse emphasizes that the immunity extended to innocents is a principle that was upheld by all of the Prophets. Hence, the specific mention of the Children of Israel, who were the recipients of a long line of Prophets, and the mentioning of the Messengers at the end of the verse.

    The idea that to discard the immunity that is extended to innocents is to abandon an indispensible part of the divine law is emphasized by Imam al-Qurtubi in his commentary on this verse (Q. 5:32). He states:

    The meaning is that whoever makes it lawful to take the life of a single innocent person has made everyone’s life lawful, because he has rejected the divine law [establishing the prohibition of killing innocents] [10].
    المعنى أن من استحل واحدا فقد استحل الجميع لأنه أنكر الشرع

    Abandoning the divine law when one makes the blood of innocent people lawful to shed is emphasized from a deeper perspective by Imam Fakruddin al-Razi in his commentary on the same verse. He states:

    When he [a murderer] resolves to intentionally kill an innocent person he has given preference to the dictates of his bloodlust and anger over the dictates of obeying God.

    When this prioritization occurs, in his heart he has resolved to kill anyone who opposes his demands, were he capable of doing so. [11]
    أنه لما أقدم على القتل العمد العدوان فقد رجح داعية الشهوة و الغضب على داعية الطاعة و متى كان الأمر كذلك كان هذاالترجيح حاصلا بالنسبة إلى كل واحد فكان في قلبه أن كل أحد نازعه من مطالبه فإنه لو قدر عليه لقتله

    The murderous campaigns undertaken by some misguided Muslims that have led to the massacre of thousands of civilians in the Muslim world and that are now threatening the innocent people in this country are not manifestations of Jihad, as some claim. Rather, they are a mirror image of the godless murderous mayhem and carnage this country has inflicted on the innocent civilians of many Muslim countries, and, as explained above, it involves an abandonment of the prophetic legacy.

    Every Muslim who is concerned for the future of his or her faith and the future of the prophetic legacy in the world is morally obliged to work in whatever capacity he or she can to stop attacks that target innocent civilians by any party –Muslims or members of other communities. The basis for this moral obligation is powerfully stated by Imam Razi in his commentary on (5:32). He mentions:

    If all of humanity knew that a single individual intends to exterminate them they would undoubtedly try their utmost to prevent him from obtaining his objective. Likewise, if they knew that he intends to kill a single person then their seriousness and exertion in trying to deter him from killing that person should be just as great as it would be in preventing their own mass murder. [12]
    هو أن جميع الناس لو علموا من إنسان واحد أنه يقصد قتلهم بأجمعهم فلا شك أنهم يدفعونه دفعا لا يمكنه تحصيل مقصوده فكذلك إذا علموا منه أنه يقصد قتل إنسان واحد معين يجب أن يكون جدهم واجتهادهم في منعه عن قتل ذلك الإنسان مثل جدهم واجتهادهم في الصورة الأولى

    The reason for this is that the life of a single innocent person has the sanctity of the lives of all humanity. This is an ideal we cannot let die. If we allow it to die who will revive it? Human history has shown how quickly we can begin a free fall into murderous madness once we have entered upon the path that justifies murdering innocent civilians and other noncombatants. If the American military and the warmongering interests supporting it are guilty in this regard we condemn them in the strongest terms, and if our fellow Muslims are guilty we must likewise condemn them.

    The only difference between the two cases is that when the American military kills innocent civilians it is violating principles of human rights and worldly conventions, which, as we have seen with the current arguments justifying torture, are subject to change or being discarded altogether. When Muslims do it, we are betraying our faith and the legacy of the Prophets, peace upon them, who have left us a wealth of timeless, enduring wisdom.

    Originally posted at: New Islamic Directions - Imam Zaid Shakir

    Check out Books, Audio, and Video by Imam Zaid at New Islamic Directions

    Notes:

    [1] I am not assuming that Faisal Shahzad, the Pakistani-American who has been arrested in association with this bomb plot is guilty. The investigation is ongoing and his guilt has yet to be established. The affair does provide an occasion to discuss the issues that are raised in this essay.

    [2] This statement does not discount the existence of black or psychological operations that are undertaken against Muslim civilians by the security apparatuses of Western powers at war in the Muslim world, along with their agents and surrogates. However, it is undeniably true that an increasingly large number of the attacks against Muslim noncombatants are being undertaken by Muslims themselves.

    [3] Quoted in Ward Thomas, The Ethics of Destruction: Norms and Force in International Relations (Ithaca, London: Cornell University Press, 2001), 90.

    [4] The transcendental nature of Muslim norms does not deny the human effort that went into translating those norms into policy. Hence, like their medieval Christian scholastic counterparts, Muslim theologians struggled to define the scope and limits of civilian immunity.

    [5] For an insightful study of the generally peaceful nature of Islam’s spread among non-Muslim peoples, and its respect for them see Professor Thomas Arnold, The Spread of Islam in the World: A History of Peaceful Preaching (New Delhi: Goodword Books, 2001).

    [6] The most notable exception to this assertion is the Armenian Genocide that occurred in Ottoman Turkey in 1915. This controversial tragedy occurred during the waning years of a Muslim world governed by a viable Islamic tradition, and after Turkey had been transformed into a nationalist, quasi Islamic state led by the Young Turks. By that time, the Sultan was a powerless figurehead. For most of the Ottoman reign Armenians were a self-governing minority that enjoyed the protection of the rulers in Istanbul.

    [7] See Abdal-Hakim Murad, Bombing Without Moonlight: The Origins of Suicidal Terrorism (Bristol, England: Amal Press, 2008). Murad convincingly demonstrates how Muslims who engage in wanton attacks against civilians are merely extensions of a deeply-rooted history of such violence in western civilization. Likewise, he shows how Muslims who would justify such violence openly reject the Islamic tradition of patience and restraint in strategic affairs.

    [8] See John Gray, Al Qaeda and What It Means To Be Modern (New York: The New Press, 2005). Gray argues that the philosophy of al Qaeda owes more to the positivism of Saint-Simon and Comte than to any traditional Islamic influences, and its organizational structure is a reflection of 21st Century globalization.

    [9] Their exceeding limits lies in the continuation of their murderous ways.
    [10] Muhammad b. Ahmad al-Qurtubi, al-jami’ li ahkam al-Qur’an (Beirut: Dar Ihya’ al-Turath al-‘Arabi, 1995), 3:147

    [11] Muhammad b. ‘Umar Fakhruddin al-Razi, mafatih al-ghayb (Beirut: Dar Ihya’ al-Turath al-‘Arabi, 1995), 4:344

    [12] Ibid., 4:344

    Related Links on Youtube by Imam Zaid Shakir:

    1. Forge On http://www.youtube.com/watch?v=yBjJESEk2MY

    2. Uphold Innocent Life http://www.youtube.com/watch?v=bq-CaB6uSDY


  2. "How To Begin Reading And Understanding An Arabic Book in 21 Days"

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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    What is Imam Zaid Shakir's views on the Taliban in Afghanistan ?


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    for post thing that.

    Great article, he covered all the major points of the issue.

    I liked how he focused on the Muslim victims first and foremost, acknowledged the foreign intelligence agencies wreaking havoc in the Muslim world for propaganda purposes, and attributes the reasoning behind the targeting of civilians to Western tradition.

    And most of all, the idea that when the West targets civilians, they are breaking their own man-made laws. When some Muslims do it, they are breaking Allah's law.

    The difference in morality between the two modes of thinking (inspired by revelation vs. derived from reason) is whether the ends justify the means or not. The means employed towards a certain end do not matter in the case of worldly thinking and logic, but the means are all that matter for those who submit their wills to Allah, because success or failure is awarded by Him alone.

    I think the biggest thing for the groups of Muslims who advocate targeting civilians will actually be the Taliban and their progress in Afghanistan. If they continue generally refraining from such behavior, it clearly shows everyone else that the ends do not justify the means (leaving aside the issue of killing civilians as collateral damage on which NATO and the Taliban are fighting a huge propaganda war and which the Taliban are winning). They will have to set an example for everyone else. The recent statement of the new UK cabinet minister that the only reason they are in Afghanistan is for Britain's security purposes and not to actually reform Afghan society is telling.

    This is in fact already happening, so the phenomena of "Islamic terrorism" is actually on a decline in my opinion. The recent incidents out of Pakistan are the exception and enough suspicion has been cast on them as well.

    Although even American commentators have to ask, if the "terrorists" are doing so well in the actual wars, then why are they sending completely inept individuals to attempt attacks? Clearly they are holding back since they could, at any time, cause much destruction.
    Last edited by Dhul-Qarnayn; 23-05-2010 at 09:49 AM.


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    Quote Originally Posted by SomeGuySeekingKnowledge View Post
    What is Imam Zaid Shakir's views on the Taliban in Afghanistan ?
    I would be surprised if you were to find a clear answer on that. If even Pakistani 'ulema hesitate to speak out, and we see that Jihad-related discussions are banned even here on SunniForum, you can imagine the sort of pressure that would be on an American imam.

    Although this was telling:

    The murderous campaigns undertaken by some misguided Muslims that have led to the massacre of thousands of civilians in the Muslim world and that are now threatening the innocent people in this country are not manifestations of Jihad, as some claim. Rather, they are a mirror image of the godless murderous mayhem and carnage this country has inflicted on the innocent civilians of many Muslim countries, and, as explained above, it involves an abandonment of the prophetic legacy.
    He just called the Americans terrorists and said Muslim terrorism is a reflection of American terrorism (that the latter inspired the former).


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    the verse "we said to the tribe of israel...whoever kills a person (unless for murder and mischief) has killed makind", only applies to muslims


    Early Islamic muffasir such as Sayid ibn Jubayr (who lived at the time of Prophet Muhammad, and is the companion of Ayesha), and commentator of the Quran has said:
    He who allows himself to shed the blood of a Muslim, is like he who allows shedding the blood of all people. He who forbids shedding the blood of one Muslim, is like he who forbids shedding the blood of all people.


    It is also reported that another one of the commentators of the Quran, Mujahid ibn Jabr (student of Ibn Abbas) said while commenting on the verse:


    He who kills a believing soul intentionally, Allah makes the Fire of Hell his abode, He will become angry with him, and curse him, and has prepared a tremendous punishment for him, equal to if he had killed all people, his punishment will still be the same
    http://www.tafsir.com/default.asp?sid=5&tid=13723

    The verse talks about killing mischief makers. these days most mischief makers are disbeleivers (including non combatant ones) who mock the prophet and make protest against him

    Qatada, Prophets companion explains the definition of mischief in the Quran:
    (And when it is said to them: "Do not make mischief on the earth,), means, "Do not commit acts of disobedience on the earth. Their mischief is disobeying Allah, because whoever disobeys Allah on the earth, or commands that Allah be disobeyed, he has committed mischief on the earth.
    http://www.theholybook.org/content/view/6333/2/


    secondly, the verse "fight those who fight you" has said to be aborgated by suyuti (in his tafsir al jalayn). i think az zuhri also said this. but i beleive this issue is iktiliaf (disagreement between scholars)
    Last edited by thedebater; 23-05-2010 at 10:52 AM.


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    Quote Originally Posted by thedebater View Post
    the verse "we said to the tribe of israel...whoever kills a person (unless for murder and mischief) has killed makind", only applies to muslims


    Early Islamic muffasir such as Sayid ibn Jubayr (who lived at the time of Prophet Muhammad, and is the companion of Ayesha), and commentator of the Quran has said:




    It is also reported that another one of the commentators of the Quran, Mujahid ibn Jabr (student of Ibn Abbas) said while commenting on the verse:




    http://www.tafsir.com/default.asp?sid=5&tid=13723

    The verse talks about killing mischief makers. these days most mischief makers are disbeleivers (including non combatant ones) who mock the prophet and make protest against him

    Qatada, Prophets companion explains the definition of mischief in the Quran:


    http://www.theholybook.org/content/view/6333/2/


    secondly, the verse "fight those who fight you" has said to be aborgated by suyuti (in his tafsir al jalayn). i think az zuhri also said this. but i beleive this issue is iktiliaf (disagreement between scholars)
    The Prophet has also forbidden the killing of women and children.

    And the attacks in question which target civilians kill Muslims and non-Muslims indiscriminately. Imam Zaid Shakir specifically said:

    The murderous campaigns undertaken by some misguided Muslims that have led to the massacre of thousands of civilians in the Muslim world...
    He is alluding to all the attacks in Muslim countries in which Muslims are killed.

    There really aren't that many attacks on Western civilians, most of the attacks are on Muslim civilians (by Western militaries and other Muslims).


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    ^

    From what I have read, those groups who do not mind the death of Muslims consider themselves as the only "legitimate Islamic authority" in their area, and whoever does not accept them as the legitimate "Khaliph" or "authority" can be targetted by them for failure to accept them as the legitiamte authority, similar to how the Khaliph can put down a rebellion even if the rebels are Muslims.

    In the case of targetting Non-Muslim civillians and Muslims living among non-Muslims, the arguments go more along the lines that such non-Muslims are supporters of their governments and their actions through their votes and taxes, and that Muslims should have done Hijra and they are to blame for getting attacked, since even the Muslims are supporting such Non-Muslim regimes to exist through their own votes and taxes.

    I wonder if there is a proper refutation to this line of argument. From what I see, such reasoning would leave every single human being open to being killed, since every single person is either a member/worker of a government that has opposed Shariah Law and true Islamic Rule, or he is someone who contributes to such governments by means of votes and/or taxes.

    As it is known, all of us have had to either give taxes or have some sort of relationship with the governments of the countries we are living in, so it is important to know the refutation for such ideologies that would lead to the permissibility of killing (almost) everyone.


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    Quote Originally Posted by DefendingIslam View Post
    ^

    From what I have read, those groups who do not mind the death of Muslims consider themselves as the only "legitimate Islamic authority" in their area, and whoever does not accept them as the legitimate "Khaliph" or "authority" can be targetted by them for failure to accept them as the legitiamte authority, similar to how the Khaliph can put down a rebellion even if the rebels are Muslims.

    In the case of targetting Non-Muslim civillians and Muslims living among non-Muslims, the arguments go more along the lines that such non-Muslims are supporters of their governments and their actions through their votes and taxes, and that Muslims should have done Hijra and they are to blame for getting attacked, since even the Muslims are supporting such Non-Muslim regimes to exist through their own votes and taxes.

    I wonder if there is a proper refutation to this line of argument. From what I see, such reasoning would leave every single human being open to being killed, since every single person is either a member/worker of a government that has opposed Shariah Law and true Islamic Rule, or he is someone who contributes to such governments by means of votes and/or taxes.

    As it is known, all of us have had to either give taxes or have some sort of relationship with the governments of the countries we are living in, so it is important to know the refutation for such ideologies that would lead to the permissibility of killing (almost) everyone.
    yes, what you are reffering to is called tattarus. i cant find many websites mentioning it. other than anti islam sites.

    scholars such as qaradawi and ibn taymiyyah reportedly support killing MUSLIM civillians as human shields

    The debate has been triggered by the killing of large numbers of Muslims, including women and children, by Islamist insurgents in Iraq. Are such acts permissible? Judging by fatwas (religious opinions) and articles by Muslim theologians and commentators, the Islamic ummah (community) is divided on the issue.

    Those who believe that killing innocent people, including Muslims, is justified in certain cases, base their opinion on the principle of tattarrus. The word, which originally meant "dressing up," was first used as a religious term in the book "Al-Mustasfa" ("The Place of Purification") by Abu-Hamed al-Ghazali (d.1127), to mean "using ordinary Muslims as human shields for Islamic combatants against infidel fighters."...........

    . .........Initially, al-Qaradawi had ruled that only three categories of unarmed individuals could be killed: apostates, who have turned their back to Islam; homosexuals, who "dirty" the pure society — and Israelis, including unborn children, who could grow up to join the Jewish army.


    Now, however, al-Qaradawi has expanded his doctrine to allow for the killing of innocent Muslims in Iraq. His argument is stark: What matters is the broader interest of the Islamic ummah which could, under certain circumstances, necessitate operations in which Muslim civilians lose their lives.

    That position is supported by several Saudi theologians, including Hammoud al-Uqalla, Ali al-Khudhair, Nasser al-Fahd, Ahmad al-Khalidi and Safar al-Hawali. Their argument is that the broader interest of the ummah requires the expulsion of the U.S.-led forces from Iraq and that the killing of innocent Iraqis in whatever numbers is of no concern to the combatants, whose place in paradise is assured.

    Other Saudi theologians, including Abu-Muhammad al-Maqdasi and Abu-Basir al-Tartussi, go further and apply tattarrus to situations where no "infidel" troops are present. Thus they justify the killing of innocent Muslim Saudis in Saudi Arabia because, they claim, such actions could lead to the establishment of a "truly Islamic regime.".


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    I found mroe information on tattarus, the concept is not mention as much is mondern day. but it seems to be getting popular:



    The majority consider it obligatory to attack the enemy in cases of necessity, even if it leads to the members of a human shield being killed. [See: Shawkani's Fath al-Qadeer (5/447), Mughni al-Muhtaj (4/244), Hashiyat al-Dusuqi (2/178), and Ibn Qudamah's al-Mughni (10/505)]

    Ibn Taymiyyah said, "If the unbelievers use Muslims as a human shield, and the unbelievers cannot be repelled without killing [the Muslims], then [the Muslim army may fire], for inflictions and afflictions may smite one in this world who does not deserve it in the Hereafter, and it counts as a misfortune for him [for which he may be rewarded]. Some expressed this by saying, "The killer is a Mujahid and the killed one is a martyr.""


    The majority of Hanafis and Malikis, as well as Imam Sufyan al-Thawri, have permitted attacking when the enemy have used a shield of Muslims, whether or not abstaining would be detrimental or lead to defeat, reasoning that otherwise Jihad would never take place. [See: Fath al-Qadeer (5/448), Jassas' Ahkam al-Qur'an (5/273) and Minah al-Jaleel (3/151)] The weakness of this position is clear, in that the sanctity of a Muslim life is greater than to allow its taking without a clear proof, and moreover such shields are not universally used, and so Jihad would not necessarily come to a halt.
    In the case of women children and old men from among the unbelievers being used as shield, the majority of Hanafis, Shafi`is and Hanbalis have allowed attacking even if it is not a dire necessity. [See: Al-Siyar al-Kabeer (4/1554) Mughni al-Muhtaj (4/224) and Al-Mughni (10/504)] The Malikis differed, but for brevity we will not mention their reasoning. [See: Dardeer's Al-Sharh al-Kabeer (2/178) and Minah al-Jaleel (3/150).]
    http://docs.google.com/viewer?a=v&q=...CnwHcMgBaplU1A

    (see page 10)


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    Default Re: Consequences of Muslims Targeting Civilians - Imam Zaid Shakir

    Quote Originally Posted by DefendingIslam View Post
    ^

    From what I have read, those groups who do not mind the death of Muslims consider themselves as the only "legitimate Islamic authority" in their area, and whoever does not accept them as the legitimate "Khaliph" or "authority" can be targetted by them for failure to accept them as the legitiamte authority, similar to how the Khaliph can put down a rebellion even if the rebels are Muslims.

    In the case of targetting Non-Muslim civillians and Muslims living among non-Muslims, the arguments go more along the lines that such non-Muslims are supporters of their governments and their actions through their votes and taxes, and that Muslims should have done Hijra and they are to blame for getting attacked, since even the Muslims are supporting such Non-Muslim regimes to exist through their own votes and taxes.

    I wonder if there is a proper refutation to this line of argument. From what I see, such reasoning would leave every single human being open to being killed, since every single person is either a member/worker of a government that has opposed Shariah Law and true Islamic Rule, or he is someone who contributes to such governments by means of votes and/or taxes.

    As it is known, all of us have had to either give taxes or have some sort of relationship with the governments of the countries we are living in, so it is important to know the refutation for such ideologies that would lead to the permissibility of killing (almost) everyone.
    Imam Zaid Shakir's article was a proper refutation to that line of argument.

    He argued that the logic you just mentioned is Western in origin, not Islamic. And he spent a few paragraphs detailing the evolution of that line of argument by Western thinkers from the ancient Greek era to the modern day.

    The advent of the nation-state in the aftermath of the Peace of Westphalia in 1648 would introduce a new epistemology to govern thinking around strategic affairs, even though Medieval Christian thinking still informed attitudes and policies related to civilian immunity, at least until the French and Industrial Revolutions.

    These nearly simultaneous developments led to the idea that the civilian infrastructure needed to support a modern war effort was so essential to its successful prosecution that it transformed civilians into combatants. As a result, beginning with the Napoleonic Wars and the American Civil War, conflicts in the West would witness the erosion of civilian immunity
    [7] See Abdal-Hakim Murad, Bombing Without Moonlight: The Origins of Suicidal Terrorism (Bristol, England: Amal Press, 2008). Murad convincingly demonstrates how Muslims who engage in wanton attacks against civilians are merely extensions of a deeply-rooted history of such violence in western civilization. Likewise, he shows how Muslims who would justify such violence openly reject the Islamic tradition of patience and restraint in strategic affairs.

    [8] See John Gray, Al Qaeda and What It Means To Be Modern (New York: The New Press, 2005). Gray argues that the philosophy of al Qaeda owes more to the positivism of Saint-Simon and Comte than to any traditional Islamic influences, and its organizational structure is a reflection of 21st Century globalization.
    The only Muslim groups who use this logic are those who ignore our fiqh and try to make new fiqh for themselves (Salafis).

    Otherwise, most of these are covered by scholars. Even in Al-Hidaya, a basic Hanafi fiqh book, it outlines the basic rules of warfare. Women and children cannot be targeted, nor can Muslims. If they happen to be held as human shields, then their deaths as a result of collateral damage can be excused if there is no other way because in the end losing the war is a bigger evil and threat to the Ummah. This is generally the policy of the Taliban in Afghanistan today and this is the official policy of most non-Muslim nations too, including the United States. You can't target civilians, but if they die as collateral damage, that's a different issue.

    Now, if you can somehow target Non-Muslim males contributing to the war effort (simply paying taxes isn't enough because that's usually done with the intention of avoiding harm/persecution or gaining permission to live and be left alone... Western taxes are more like Jizya/Capitation-Tax), then you're likely talking about civilian contractors in Iraq or Afghanistan. The [Afghan] Taliban do target these on occasion if they are senior enough or important enough to the NATO war effort. They aren't the highest priority of course.

    You're also allowed to target civilian convoys/caravans, etc. which are also direct contributors to the war effort. The Taliban also do this.

    Distinguish all these from the philosophy of purposely targeting civilians away from combat zones in order to scare a society and cause mass panic/terror. That is hirabah and when done on Muslims, is punishable by death. The justification by groups like Al-Qaeda for these are "an eye for an eye", if they kill our women and children, we can kill theirs. I have not seen a suitable Islamic justification for such a strategy, ever. "An eye for an eye" doesn't cut it if you're breaking several other laws as well and involving unrelated people.

    Simply killing people cannot be the focus of a war in Islam. That is what the West does. It starts wars with ambiguous or unattainable goals, so over a long period of time profit is made off the war and civilians are killed off at a steady rate (it's like genocide at a slow boil... see: Iraq). So even if the Western countries argue there that civilian casualties are collateral damage and not intentional targeting, the truth is... the war was started for no other purpose than to cause those "inadvertent" civilian casualties. It's one giant ruse.
    Last edited by Dhul-Qarnayn; 23-05-2010 at 12:15 PM.


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