Strategic Themes and Drivers in Islamic Law ‘The views expressed in this presentation are those of the author and do not necessarily reflect the vews of any entity ofthe United States Government wm Gawthrop Not Strategic Themes and Drivers in Islamic Law Purpose: To describe the Strategic Themes and Drivers in Islamic Law Sy Sv Strategic Themes and Drivers in Islamic Law + Main Points Strategic Themes and Drivers in Islamic Law Baas Waal Strategic Themes and Drivers in Islamic Law Why Assess Islamic Law? Tae Strategic Themes and Drivers in Islamic LawTTT THOT OEE REPT ‘an I agg larisa Sera” Farood 1x “8 (30H Sony threes An [sce bate dow “TanoSet aca? bra co a sem, ‘ vines Jihad Strategic Themes and Drivers in Islamic Law Branches of Fiqh «vats na Lay + cna + Evidence 1 Aaministatve Procedure + Taxation ans Puc + onstiutional od nhertance + Contacts, Trade ana Strategic Themes and Drivers in Islamic Law Branches of Figh an oy Conatational Relations Relations wt ‘Non slins Strategic Themes and Drivers in Islamic Law Example: Relations with Non-Musiims * Multiple Suras comprise the basis for legal holdings rh, aeStrategic Themes and Drivers in Islamic Law = Jihad is motivated by the strategic themes and drivers in Islam ~ This briefing identifies and addresses the strategic themes and drivers in Islam URE td, Strategic Themes and Drivers in Islamic Law meant! Strategic Themes and Drivers in Islamic Law Strategic Themes and Drivers in Islamic Law iter Feang ction | BE eee Eee Polio Strategic Themes and Drivers in Islamic Law ‘Strategic Themes and Drivers in Islamic Law Sources of Islamic Law + The Koran ‘+ The Sunna = The Sira (Biography/Example of Mohammad) ~The Haddlths (Short accounts of Mohammad's sayings and practices) NeStrategic Themes and Drivers in Islamic Law Sources of Islamic Law + The Koran, Sunna (Sira and Haddiths) Host the values characterizing and animating * Pillars of faith sina + World View + Just War Principlos Sabah Strategic Themes and Drivers in Islamic Law + The Koran + Sunna (The Example of Mohammad) =Sira —Haddiths Pillars of faith * Association vs Disassociation + Jihad Fidgyiow, Te Strategic Themes and Drivers in Islamic Law Major Goals of the Koran ~ Teaching about Aah, His Oneness and Attributes ‘Showing th Creation, the path and the way of Lite hate Pleasing to Allah ~ Greatng the complete and balanced islamic trav = Being shout an islamic society = Guiding Muslims in the ongoing struggle against the enemies of Islam Strategic Themes and Drivers in Islamic Law Mohammad’s Koran + 111 verses devoted to jihad + Three Chapters = War Treasure oN of the verses devoted to jihad ‘oceurin the Medina portion of the Koran See Strategic Themes and Drivers in Islamic Law Mohammad’s Koran + 2:191 Ki thom where ever you find them, and dive {hom out of watever piace irom which Way have ‘was you units worse than murder + $128 Gator: ght the unbelvers wg ao near You and et then tnd you tobe tough ana hard. + 8:12 Ten your Lord spoke top His Angle and sa, Syn be win you, Give trang othe betevers | wilend torr mio ne untellowor’ nears, cu eit their heads and even the Ups ol tt ings Suniel oh Strategic Themes and Drivers in Islamic Law Mohammad's Koran + Eta na on tone wn awe ei e imam grin tte cast bay They donot aris wnt ‘ahd a Wensenger seria, Tho. Shaan ta Jona gaol nan ot Salty ar humiiaeas =” Pe POU eR Tye + 2:189 Flaht tem unl you arena longer persecuted ithe ion of Alo reigne sbeolse, Ba hay ‘Sve up, them only fight the evi dose hanaStrategic Themes and Di Islamic Law Mohammad’s Koran + 8327me oly reward fr those how fand ls messengers and stve tocar ‘nthe earths that thoy wl be sinn or erie, fave ther aternate has and feat eat oor Bo Banished om te land 47:4 vinen you encounter unbelievers onthe Datta, ut ot har Roads unl you thoroughly defeated ther and than ake the prisoners ane tio them up firmly, Tabane Strategic Themes and Drivers in Islamic Law + The Quran is the unalterable word of God; the Sunna is similarly unalterable because it represents the statements and action of “Muhammad”. + Arule based on a clear Quranic tenant ran unambiguous statement of (Mohammad) cannot be changed by Interinterpretaon, all eaa athe subject of legitimate scholarship an debate. . Strategic Themes and Drivers in Islamic Law + The Koran Sunna (The Example of Mohammad) -Sira —Haddiths + Pillars of faith + Association vs Disassociation + Jihad leayiow, aed Strategic Themes and Drivers in Islamic Law Mohammad’s Example + Businessman + Significant physical symptoms (eard voices; contemplated suicide) + Cult Leader for a small inner circle + Prominent Religious Leador + Religious Leader with Political ambitions *+"Emperor” “King” (Supreme Leader) of Arabla Strategic Themes and Drivers in Islamic Law Mohammad’s Example + About 75% of Mohammas's earliest raphy is devoted ItoRammed by 8. Gu + In yours, Mohammad personaly led 27 + 38 other battles not including lesser raids, ‘Sesassinations and executions Ty Ned | Strategic Themes and Drivers in Islamic Law Mohammad’s Example + Muhammad says Allan orders him to fight +The first raison Wadcan 2 Hamea’s raid to the coast Paid on Guat + Raid on al-Ushayra i + Raid on al-Krarrar + Raic.on Safavan Battle of Ba aid on B, Sulaym reece eggsStrategic Themes and Drivers in Islamic Law Mohammad’s Example + Raa on Ohu Amar * Raid on ale Furs + Allack on 8. aynuga + Raid on a-Garada + Bate of unuats + Raid of Dhatut Riga + Raid on DumatutJandal 82 + Bato of he Dich + Attack on 8. Qurayea SHENG 2 Strategic Themes and Drivers in Islamic Law Mohammad’s Example Attack on Ohu Qarad 2 Attack on B.a-Mustalg 2 Raid on Mut knald destroys a-Uzza 24 Battle of Hunayn Capture of a-Tait a Raid on Tabuk 2 Destruction of arta 2a Usama’s Expecitan to Palestine & Seen Strategic Themes and Drivers in Islamic Law Mohammad’s Example + Zayd's raid on Judham + Zayas raid on B Fazara 2 + Abdullah b, Rawaha's rad to kil + Yusayr + Abdullah b. Unays's rid to ki Khalid, Sulyan + Uyayna's raid on B, ab Anbar * Ghai’ raid on Aura Bil + Amrb. al’As's raid on Dhatut Salas Strategic Themes and Drivers in Islamic Law Mohammad’s Example * His (Ibn Abu Hadkad) raid on Ghaba to Kil Rafaa B. Gays al Jushami ‘Abc! Rahman's raid on Dumatu'tvandal ‘Abu Uoayda's raid tothe coast Salim, Umay's rai to kl Abu ‘Atak 2 ‘Umayrb, Ay’ raid to kill Asma d, Maewan Algama’s raid Kurz b,Jabir's raid on the Bajiis “3 er Sees: Strategic Themes and Drivers in Islamic Law The Example of Mohammad - Words = “lam commanded by Allah to go and fight all the people of the world until they confess there is no God but Allah, and lam his messenger, and to pray five times a day and to give alms. And if they do that, their blood will be spared from me. FLOR om Strategic Themes and Drivers in Islamic Law The Example of Mohammad ~ Actions + Mohammad ordered the assassinations ‘and executions of critics + Employed torture to extract information Ranta el /Strategic Themes and Drivers in Islamic Law The Example of Mohammad - Actions + Assassinations and Executions —Ossmah (Asma), daughter of Marwan, Abdollah b, obKhatal= ~Fartana (Slave): * = Gariba (Slave): * ~ Sara (Freed Christian Slave) ~Meqyas b. Sobaba. eso agen Strategic Themes and Drivers in Islamic Law ‘The Example of Mohammad - Actions + Assassinations and Executions ol-Howayreth b. Noqaydh b. Wahb, » = Ka’b iba, ab-Ashrat. = Oqba b, Abl Mo'ayt. = ~on-Nadr b.O1 = Nadr of Abd as Dar —Ugbah of Abdu Shams. os ea fareth Strategic Themes and Drivers in Islamic Law The Example of Mohammad ~ Actions + Assassinations and Executions = Yosayr b, Rezam Kalo, Solyan (Svan be Khalid) Retard. aye = Abu'Atok= = Nio‘awiya b. Moghira a bn Sonayna showaylem, ea (Nouse burning) x eee Strategic Themes and Drivers in Islamic Law The Example of Mohammad - Torture Para MR Becta iee coe mnnyae jars EERUTES suiReacenetto hn aed Taber! vit-322 8 lsnag515 “Tha Prop ‘Soncoring Kiana fo ua, sat iis toto Strategic Themes and Drivers in Islamic Law ‘The Example of Mohammad - Torture Tabari VI:133 & tehnaq:387 ‘When Muhammad saw Hamzah he said, it Allah gives me victory over the Quraysh at ‘any time, | shall mutilate thirty of their ment" When the Muslims saw the rage of the Prophet they said, By Allah, if we are victorious over them, we shall mutilate them Jina way which no Arab has ever mutilated a Strategic Themes and Drivers in Islamic Law +The Koran + Sunna (The Example of Mohammad) *Sira + Haddiths + Pillars of faith + Association vs Disassociation + Jihad + World View Svust Wer PriggiplesStrategic Themes and Drivers in Islamic Law Haddiths A haddith, or tradition, is a brief story about what Mohammad did or said =e Strategic Themes and Drivers in Islamic Law Haddiths + Identifies who can be killed * Under what circumstances + At what times. + What to do with prisoners + Essentially a tactical manual for jihad x te Strategic Themes and Drivers in Islamic Law Mohammad in the Haddiths + Recorded by Sahih Al-Bukhari, and narrated byibn Umar. Mohammad said, “have en ordre (hy lah taht ‘against the poopte uni they testy that none ite the ight to be worshipped but Alay thet anammad sah Ap charity so if they perform that thon thoy property rom me opt fe kag and then tetrreckoning ye by Allah.” 2 Strategic Themes and Drivers in Islamic Law Haddiths (Bukhari) Volume 1, Book 10, Number 505: Narrated ‘Abdullah: sked the Prophet "Which deed is the arest fo Allah?” He replied, "To offer the prayers at thelr early stated fixed timos.. Asked, “What isthe next (in goodness)?" He Feplied, "To be good and dutiful your parents" | again asked, "What is the next (in Goodness)” He replied, "To participate in, sa tlgtous ghung) n as eause ‘Abdullah added, tasked only that much and -wtr adapt, te Poprol would Rave Yoldenore iP Strategic Themes and Drivers in Islamic Law Haddiths (Bukhari) + Volume 2, Book 26, Number 594: Narrated Abu Huraira: + The Prophet was asked, "Which is the best deed?" He 0 believe Allah and His Apostle." He was then asked, "Which is the next (in goodness)?" He said, "To participate i Jihad in Allah's Cause." He was then ~waskedatWhigh is the next?" He said, "To perform al Strategic Themes and Drivers in Islamic Law Haddiths (Mu + Book 020, Number 4655: "thas been narrated on the authority of Abu Har that the Messenger of Allah {ray poace be upon hm) sal Of the men he lives the best tomareh) in the way. back whenever he ears 2 fearful shriek, of @ ‘all for help, flies to it seaking death at ean be expected. (Next to who lives with his sheep ata hiletop or ina valley, says his prayers BREE ectStrategic Themes and Drivers in Islamic Law Haddiths (Bukhari) * Hate 4 86045, Number 2: Narted Abu Sat up an erga nating fom Snd to accuso, chaste women, wne aver even nine ear aa gooa, Strategic Themes and Drivers in Islamic Law Haddiths (Muslim) + Book 020, Number 4696: “Ithas been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: One who died but did not fight in the way of Allah nor did he express any desire (or determination) for Jihad died the death ERR Strategic Themes and Drivers in Islamic Law +The Koran + Sunna (The Example of Mohammad) +Sira + Haddiths + Pillars of faith jon vs Disassociation saust VPer Priygiples, Strategic Themes and Drivers in Islamic Law Pillars of Faith + Testimony of Faith (Kalikma) « Prayer (Salat) + Fasting (Sawm) + Almsgiving (Zakat) Pllodmang Ha) Strategic Themes and Drivers in Islamic Law Pillars of Faith + Almsgiving (Zakat) = 8 Categories of Disbursements 2 Those in debt {Those Fighting for Allah pee Strategic Themes and Drivers in Islamic Law Pillars of Faith - ZAKAT imenneraen ‘ound trip, and tne tne they spend ineStrategic Themes and Drivers in Islamic Law + Pillars of Faith - Zakat (Charitable Alms Giving) ~The obligatory disbursements for those fighting for Allah constitute a funding ‘mechanism tor + combat, + combat service support operations. Supe 5 Strategic Themes and Drivers in Islamic Law +The Koran + Sunna (The Example of Mohammad) *Sira + Haddiths + Pillars of faith + Association vs Disassociation + Jihad *World View stost War PHggiples Strategic Themes and Drivers in Islamic Law Association vs Disassociation + 20 categories of prohibited alliances + Contentment with Disbelievers + Reliance on Disbelievers. + Agrosing on points of disbeliot + Seeking the affection of Disbelievers + Inclining toward the disbeliet SEAR Strategic Themes and Drivers in Islamic Law Association vs Disassociation + 20 categories of prohibited alliances + Flatiry of the disbeliovers faith + Taking the disbellevers as friends + Obedience to the disbetievers + To sit with the disbelievers who ridicule the Koran 2 Tp glvedsbotiovers authority over iki Strategic Themes and Drivers in Islamic Law Association vs Disassociation + 20 categories of prohibited alliances ‘Trusting the disbellevers + To oxpress pleasure with the actions of disbelievers + To draw near to the disbel * To aid the disbelievers in wrong doing + TgSeok the ee RS of disbelievers Strategic Themes and Drivers in Islamic Law Association vs Disassociation + 20 categories of prohibited alliances + To Honor the disbelievers ‘To tive among the disbelievers + To collude with the diebelievers + To revile the Muslims and love the disbeliover support tne leologies ofthe eS dietStrategic Themes and Drivers in Islamic Law +The Koran + Sunna (The Example of Mohammad) *Sira + Haddiths + Pillars of faith + Association vs Disassociation Strategic Themes and Drivers in Islamic Law Jihad + Increasingly regarded as a Sixth Pillar of Faith + Mohammad ‘commanded shad (Sura 8:28) + proclaimed e divine mandate ‘personally led 27 stacks {ent his armies out 47 more tines against ondslamic communities sxggecedgput seven operations per Strategic Themes and Drivers in Islamic Law Jihad ‘+ Mandated by the Koran and the Haddiths + Elaborated on by Istamic Lav = Retina ofthe Traveller Classe Manual of {Siam Sacred Law, p. 980-608 = Me Distinguished Juste Primer (Vol and 2) prastar Strategic Themes and Drivers in Islamic Law Jihad + Types = Absinad bstLisan- Jhadof he Tongue = ahuinad Biahoalam- Jinagot preaching and ealing Yor jhe ~ Sita abNas- nado! th Soul -the personal ‘teugge to avoid sin nd sahoro to Alas = Alsinad brats Salt-seciing haan ‘epath of Alan = AbJinad batts! Financ Jina: tunctlsing Tae Strategic Themes and Drivers in Islamic Law Distinguished Alyac-ue-Saneen Reliance ofthe ‘Sree ‘sures sure 290 2216 216 Leas 95,96 439,95, 936 29 oat S36 ean sri049 Strategic Themes and Drivers in Islamic Law ‘Sura 002.216 + Yusur aus Fang X Eilers calla sonttionStrategic Themes and Drivers in Islamic Law Sura 004.095 YUSUFALI Not equal are those baiovers who sit (athome) and receive no hurt ane those wh strive Sd ight in the cause of Aah with ner goods ana "ei persons. Allah hath granted a grade higher 0 ‘hase who sive and ight wih thar goods ana persons than to those who sat nome). Unto al (Geran Hath Aion promieed good. Bu those who “tive anc fight Hath e distinguishes above no lho sit (at nome) by a epoca reward eye Strategic Themes and Drivers in Islamic Law Sura 004,095 ‘thor than those he have a (olesbing) hur, are foton an equality with nose who strive nthe way ‘tA wth ner oath and veo, li hath onterred an those ho strive with thar svat and lives a rank above the sedentary. Unto each Aish Strategic Themes and Drivers in Islamic Law Sura 004.095 {+ SHAKIR: The holders back trom arpang the bolievors, nt having ny injury, and tose who {alr perzans are not equal Alan hae mada tho fxcel the nlders back a (high) degre, and 0 {cises) Alen nas promised good: ana Aloh sh frant tothe evere above ihe Nolers back 3 ‘mighty ewe uote Strategic Themes and Drivers in Islamic Law * Sura 2:216 obliges the fighter + Sura 4:95 motivates the non-fighter. =e Strategic Themes and Drivers in Islamic Law + Sunni Schools of Law Shafi"! Hanafi —Hanbal Malik + Shia Schools of Law —Usuli -Akhbari SiR Strategic Themes and Drivers in Islamic Law Jihad +The Scholars of Figh (Jurisprudence) have agreed that jihad in Shara’ee terms means ‘to fight in the Path of Allah or anything aiding this course." + Amore detailed understanding of the term Jihad has been explained by the four major schools of Fiqh as follows. 224" alor atStrategic Themes and Drivers in Islamic Law Jihad + Maliki Figh: “The Muslims are to fight with the Kutfar to advance Allah's religion.” + Shafi'ee Fiqh: “The meaning of Jihad in Shara'ee terms Is to make utmost effort in fighting in the Path of Allan.” TN Strategic Themes and Drivers in Islamic Law Jihad + Hanball Figh: “Jihad moans to fight against the unbelievers.” (Fadhail-e-Jihad) + Hanafi Figh: “Jihad means to be Involved in fighting in the Path of Allan by one's life, wealth ‘and speech.” It s further explained “to call the lunbelievers towards the true religion of Islam ‘and to fight against them, i they are unwiling to age io Strategic Themes and Drivers in Islamic Law “The Koran + Sunna (The Example of Mohammad) *Sira + Haddiths + Pillars of faith + Association vs Disassociation +sihad + World View ‘Mast Wer Prggipies Strategic Themes and Drivers in Islamic Law World View + Islam divides the world into two spheres: dar al islam = dar al Haro + There can be no poace between the two until dar al slam conquers and assimilates Re sdversary + Accommodation and compromise are EEE tat Strategic Themes and Drivers in Islamic Law World View + “against states of the dar al-harb the legitimate ruler of the islamic empire, in juristic theory, was justified in making war at any time; indeed to ‘wage jihad in an effort to subdue the dar al-harb, and to incorporate it into the dar al-islam was seen as a religious duty of the imam/caliph.” ae rt Strategic Themes and Drivers in Islamic Law World View + The Eighth Duty of an Islamic Ruler ind if the area has a border adjacent to enemy lands, an eighth duty arises, namely to undertake jihad a4 ist enemies, dividing the of battle among combatants, aside a fifth for deserving ee 3Strategic Themes and Drivers in Islamic Law “The Koran + Sunna (The Example of Mohammad) +Sira + Haddiths + Pillars of faith * Association vs Disassociation *Jihad * World View ust Mer Priggiples Strategic Themes and Drivers in Islamic Law Just War Traditions + Judaic + Christian (or Catholic) + Realist + Islamic + Others Sida, [Strategic Themes and Drivers in Islamic Law Just War Principles + Jus ad bellum (the justice of resorting to war) Just Cause Legitimate Authority Just intentions — Public Declarations =Propertionality ~Last Resort usReM ena ot suoen ‘Strategic Themes and Drivers Tm Islamic Law Just War Principles (Islam) + Just Cause Expansion of the faith ~Collection of the jizya “+ Any war against non-believers Is lustitied + Waris @ permanent condition against Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Just Cause "The Muslim jurists agreed that the purpose of fighting the People of the Book, excluding the (Qurayshite) People of the Book and the Christian Arabs, Is fone of two things: itis elther for their Conversion to Islam or the payment of the diya: ro Ea nou Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Legitimate Authority Koran + Untered by Mohammad + Regarded as the unalterable Word of allah “Multiple Verses rN teStrategic Themes and Drivers in Islamic Law Just War Principles (Islam) * Just Intentions Dissemination of Islam throughout the world —Collection of the. Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Public declarations. Invitation of Islam "We do not punish until we send @ messenger.” Koran 17:15 Sibi Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Proportionality Willing to absorb physical losses for psychological gain Awarding martyrdom to bystanders mitigates proportionality concerns =e Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Last Resort = Necessity overrides the forbidden allowing moral constraints to be over Fiddon in emergencies. Issuing, and being rotused, the Invitation tolslam is the prelude to atack at the individual, tetea, evel and war at sr ceactonag sore Strategic Themes and Drivers in Islamic Law Just War Principles (Islam) + Reasonable Hope of Success. —War is the rule and peace Is only temporary —Allah knows best (fatalism) —Imam may propose a temporary truce (Treaty of Hudablyya) for the purposes of reconstitution. ee Strategic Themes and Drivers in Islamic Law Islam's Just War Traditions ‘Legitimate domination has one true foundation “This fundamentalist approach yl agversarial and corichual viow of State of humanity 12 use of force 6 bring about the triumph of slam is a.Strategic Themes and Drivers in Islamic Law Islam's Just War Traditions + “War Is not a necessary evil, buta fundamental obligation or neglected duty ‘ar from war posing a threat to religious observance, ‘religion without waris a crippled religion’ (Ayatollah Khomeini), and jihad or holy war is the essence of Islam, as the fundamentalists understands it” Tk Re Strategic Themes and Drivers in Islamic Law Comparison of Just War Traditions + Judaic - Passive Defensive + Catholie - Passive Defensive + Realist ~ Passive Defensive + Islamic ~ Offensive Aggressive = te Strategic Themes and Drivers in Islamic Law + “Change will not be attempted or pursued at the expense of tradition embedded in the Quran, the Sunna and the Sharia, = ye Strategic Themes and Drivers in Islamic Law = Summary The key themes and drivers animating Islam are: + Islamic Law Koran —Sunna (Sira and Haddiths) Pillars of Faith vihad + World View (Two Houses) Strategic Themes and Drivers in Islamic Law + Summary —Within these themes and drivers are unalterable mandates for action for which we have no strategy to counter. = te Strategic Themes and Drivers in Islamic Law + Implications ‘There may not be @ ‘as it is simply a normal assertion of the ‘orthodox ideology. = The strategie themes animating these islamic values are not ringo; they are main stroam. ~The individual applying these values and practices may likely be plous and devout -e Pag ye beer a opposes 16