The Theory of War in Islam

The theory of war in Islam
Tuesday, 09 June 2009 15:18 -
By Dr. Sayid Mustafa Ahmed Abul-Khair
The expert in International law and International relations.
Translated By : Amr Saber
Revised by : Magdy Abd Al-Shafy
Introduction
Since war is a social and a human necessity,

Humanity has experienced it over years. Hence, in
mankind's history, years of war outnumbered those
of Peace. Over the span of five thousands of
years, there was (14555) war that led to the death
of (25) billions of people, and Over the last (3400)
years of humans' life, humankind enjoyed peace for
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only 250 years.
In another statistic, mankind witnessed (213) years

of war versus one year of peace, and there wasn't
even a temporary peace during (185) generations.
Hence, ten generations only enjoyed peace. Since
the world war in the 20th century, the world
witnessed nearly two hundred and fifty internal and
international armed harassments with a toll of
(170) million victims, which mean that, every five
months there was an armed conflict that resulted in
losses in lives, properties, and equipments (Dr :
Said Geweili, the entrance to the study of
International Humanitarian Law, Cairo, 2003,The
Introduction p. 1).
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A

prisoner of war
Consequently, I adhered to put the theory of

Islam in war to make those hypocrites
realize that Islam has never fallen behind
civilization. But on the contrary, Muslims
were the persons who taught Europe
civilization, superiority, and progress to the
extent that enemies before friends testified
to that, But the testimony of Allah's
(1)
-
SWT
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-
(2)
to this
Ummah
(Muslim nation) in the Noble Qur'an is so
enough, as He says what can be translated
as, “
You [true believers in Islamic Monotheism,
and real followers of prophet Muhammad-
SAWS
- and his Sunnah (legal ways, etc.)] are the
best of peoples ever raised up for mankind;
you enjoy Al-Ma'ruf ( i.e. Islamic
Monotheism and all that Islam has
ordained) and forbid Al-Munkar (
Polytheism, disbelief and all that Islam has
forbidden).
(TMQ, 3:110).
(3)
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The Theory of war in Islamic Sharia

(Law):
A long time ago, the western law

scientists perceived the greatness of
Islamic law, as well as its accurate
knowledge of societies' needs.
Accordingly, they wrote continuously
in praising the laws derived from
Islam. Hence, there was a
recognition for the Islamic law as a
global source of legislation and law in
a number of scientific international
conferences since (1932) A.C (4)
such as:
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1- International Comparative Law in

The Hague in 1932 (A.C).
2-The Hague Conference held in

1937 (A.C).
3- The Comparative Law

Conference in The Hague in
1938 (A.C).
4- The International

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Conference in Washington held

in 1945(A.C).
5- The Rights/Laws division

in the international assembly
for comparative law
in 1951 in Paris.
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Those conferences have

resulted in important
resolutions ;these are :
A- Dealing with Islamic

law as a fourth source to
laws comparison.
B- Islamic law is

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independent and has no

relation to Roman law or
any other law.
C- The competence of

Islamic jurisprudence is
to be used in all times
and places.
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D- Representation of
Islamic law in
International Law and in
International Court of
Justice.
In the Comparative
Law Conference of
The Hague in(1932),
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the French jurist

(Lambert) pointed out
to the phenomenon of
the great appreciation
that began to prevail
amongst the European
and the American
jurists at the present
time, so he said, "But I
do not depend on
Islamic law to affirm
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what I'm saying

because Islamic law
has elements if are
reformulated again in
a better way, will lead
to theories and
principles not lesser
than the most serious
jurisprudential theories
received from the
Western jurisprudence
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today in superiority,
comprehension, and in
coping with the
development.
Therefore, come at the
beginning of these
theories the theory of
tyranny in using the
theory of emergency
circumstances, and
the theory of
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dependency and
responsibility of
non-discrimination. All
these theories
basically are from the
Islamic law, but they
lack only drafting and
construction".
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In his book "Arab

Civilization
," Gustav Labon has
admitted the effect of
Islamic civilization over
the Western
civilization, so he said,
"The impact of the
Arab Muslims was
great in the West, and
they had the effect on
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the civilization of
Europe . To them ,The
European civilization
owes much "
In addition, there are

Western scholars who
admitted Islam's grace
to the public
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international law in
forming rules and
regulations. Among
those scholars, "Vito
Rea Wsowars" and
Baron "Michel de Taub
" the Professor of
International Law at
International Studies
Institute in The Hague,
Netherlands. He
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mentioned many of the

rules and regulations
that Islam has, before
International Law
especially in war
systems. Hence, in
the first part of a
collection of studies for
the Academy of
International Law in
1926, Michel de Taub
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mentioned the advice

of Abu-Bakr to his
soldiers, and reported
also those commands
dictated by the
Governor in Cordoba
caliph Ibn
Abdul-Rahman in the
year of 963 (A.C),
which means that
Muslims had known
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these systems before

the work of the Papal
church for peace.
Moreover, in his book "

The Arab's History, p
152
," the historian (Saiid
.Yu) numbered the
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graces of Islam over

the western civilization
and particularly on the
International Law. He
numbered what was
mentioned by the
Baron"de Taub", then
added, "These are all
different rules of
Islamic Law which
were used in
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diminishing wars'
severity from the
seventh century to the
13
th
century (A.C).
Therefore, the Islamic
law is earlier than
those analogous lawful
principles and
thoughts which started
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their actual effect

during the barbarism
that prevailed in the
European international
life during the 13
th
century. Hence, this

emphasizes the
impact of Islamic rules
over the European
international law).
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second world war

prisoners
The Muslim jurist

Muhammad
Ibnul-Hassan
Ashaibani was a
proof of the
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precedence and the

superiority of the
Islamic law in the
field of the
international law in
general and in the
field of international
humanitarian law in
particular, Because
he was considered
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as the first founder of

the international
humanitarian law
science "the law of
war", an assembly
has been
established on his
honor in Germany
under his name.
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Scholars of Islamic
law elaborated(5) in
writing about the
international
humanitarian laws
mentioned in the
Holy Quran , prophet
Mohummed
biography .
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The first of these

rules was the
protection of human
life, or the right of
living, because Islam
is the only law that
focused without any
doubt on the
importance of that
right. Islam has
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been concerned with

the human life and
has protected it more
than any other
religions or laws.
Regarding that, Allah
says in his Noble
Qur'an in Surat (7) al
-Ma'idah
(the Feast) what can
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be translated as, "

Because of that We
ordained for the
Children of Israel
that if anyone killed a
person not in
retaliation of murder,
or (and) to spread
mischief in the land -
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it would be as if he
killed all mankind,
and if anyone saved
a life, it would be as
if he saved the life of
all mankind. And
indeed, there came
to them Our
Messengers with
clear proofs,
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evidence, and signs,

even then after that
many of them
continued to exceed
the limits (e.g. by
doing oppression
unjustly and
exceeding beyond
the limits set by Allah
by committing the
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major sins) in the

land!"
(TMQ, 5:38).
In another ayah (8),
Allah mentions
some qualities of
His righteous slaves
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as He says in Surat
al-Furqan
what could be
translated ( The
statue book) what
can be translated as
:
"
And those who
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invoke not any other

ilaha (god) along
with Allah, nor kill
such person as
Allah has forbidden,
except for just
cause, nor commit
illegal sexual
intercourse - and
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whoever does this

shall receive the
punishment.
"
(TMQ, 25:68).
Moreover, there are
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many Prophetical
Ahadith where the
Prophet (SAWS) (9
) c
alls believers to
respect and to
protect the
humanitarian life.
So he (
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SAWS
) said that killing a
person is one of the
greatest sins ,which
the polytheism and
killing the life and
He also said, "A
faithful believer
remains within the
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sphere of his
religion unless he
kills somebody
unlawfully".
Fighting in Islam
was legitimated
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basically to prevent
transgression, Allah
says in Surat al-Ba
qarah
(The Cow) what
can be translated
as, "
And fight in the
Way of Allah those
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who fight you, but

transgress not the
limits. Truly, Allah
likes not the
transgressors.. And
kill them wherever
you find them, and
turn them out from
where they have
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turned you out. And

Al-Fitnah(polytheis
m) is worse than
killing."

(TMQ, 1:190,191).
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The Noble Qur'an

has given Muslims
the legislative right
of defense, the
right which was
unknown to
mankind until very
few years, Allah
says in Surat
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al-Baqarah what
can be translated
as, " And fight in
the Way of Allah
those who fight
you, but
transgress not the
limits. Truly, Allah
likes not the
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transgressors..
And kill them
wherever you find
them, and turn
them out from
where they have
turned you out.
And
Al-Fitnah(polytheis
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m) is worse than
killing. And fight
not with them at
Al-Masjid-Al-Harâ
m (the sanctuary
at Makkah), unless
they (first) fight
you there. But if
they attack you,
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then kill them.

Such is the
recompense of the
disbelievers.".
(TMQ, 1:
190-194).Islam
gave the
permission of war
to ward off
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aggression against
Muslims, So Allah
says in Surat
Al-hajj
(The Pilgrimage)
what can be
translated as :
" Permission to
fight (against
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disbelievers) is
given to those
(believers) who
are fought against,
because they have
been wronged;
and surely, Allah is
Able to give them
(believers) victory.
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Those who have

been expelled
from their homes
unjustly only
because they said:
"Our Lord is Allah."
For had it not been
that Allah checks
one set of people
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by means of
another,
monasteries,
churches,
synagogues, and
mosques, wherein
the Name of Allah
is mentioned much
would surely have
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been pulled down.

Verily, Allah will
help those who
help His (Cause).
Truly, Allah is
All-Strong,
All-Mighty
."
(TMQ,22:39,40).
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Also in Surat
an-Nahl
(The Bee) Allah(T)
(10)
says what can be
translated as:
" And if you
punish (your
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enemy, O you
believers in the
Oneness of Allah),
then punish them
with the like of that
with which you
were afflicted. But
if you endure
patiently, verily, it
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is better for
As-Sâbirûn (the
patient).

(TMQ,16: 126).
Islam has given

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Muslims the
permission to fight
against
treacherous and
those who broke
the treaties of
Conventions that
were made
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between Islamic
countries and
other countries.
Regarding this,
Allah says in
Surat Al-Anfal (Sp
oils of war) what
can be translated
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as, "
Verily, The worst
of moving (living)
creatures before
Allah are those
who disbelieve.
So they shall not
believe. They are
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those with whom

you made a
covenant, but they
break their
covenant every
time and they do
not fear Allah. So
if you gain the
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mastery over
them in war,
punish them
severely in order
to disperse those
who are behind
them, so that they
may learn a
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lesson"
(TMQ,8 :55,58).
Allah(T) says in
Surat At-Taubah
(Ultimatum)
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what can be
translated as,
"With regard to a
believer, they
respect not the
ties, either of
kinship or of
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covenant! It is
they who are the
transgressors.
But if they repent,
perform As-Salât,
(Iqâmat-as-Salât)
and give Zakât,
then they are
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your brethren in
religion. (In this
way) We explain
the Ayât (proofs,
evidence, verses,
lessons, signs,
revelations, etc.)
in detail for a
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people who
know. But if they
violate their oaths
after their
covenant, and
attack your
religion with
disapproval and
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criticism, then
fight (you) the
leaders of
disbelief (chiefs
of Quraish
pagans of
Makkah) - for
surely their oaths
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are nothing to
them - so that
they may stop
(evil actions). Will
you not fight a
people who have
violated their
oaths (pagans of
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Makkah), and
intended to expel
the Messenger
while they did
attack you first?
Do you fear
them? Allah has
more right that
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you should fear

Him if you are
believers. Fight
against them so
that Allah will
punish them by
your hands and
disgrace them
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and give you

victory over them
and heal the
breasts of a
believing
people."
(TMQ,9:10,14).
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Islam also has

permitted war for
the sake of
saving and
upholding the
oppressed
people. Allah
says in Surat al-
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Nisaa
(Women) what
can be translated
as, "
And what is
wrong with you
that you fight not
in the Cause of
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Allah, and for

those weak,
ill-treated and
oppressed
among men,
women, and
children, whose
cry is: "Our Lord!
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Rescue us from
this town whose
people are
oppressors; and
raise for us from
You one who will
protect, and
raise for us from
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You one who will

help.
" (TMQ,4:75) ,
and He says in
Surat
al-Anfal
what can be
translated as,
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"Verily, those
who believed,
and emigrated
and strove hard
and fought with
their property
and their lives in
the Cause of
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Allah as well as
those who gave
(them) asylum
and help, - these
are (all) allies to
one another. And
as to those who
believed but did
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not emigrate (to

you O
Muhammad),
you owe no duty
of protection to
them until they
emigrate; but if
they seek your
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help in religion, it
is your duty to
help them except
against a people
with whom you
have a treaty of
mutual alliance;
and Allah is the
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All-Seer of what
you do. And
those who
disbelieve are
allies of one
another, (and) if
you (Muslims of
the whole world
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collectively) do
not do so [i.e.
become allies,
as one united
block under one
Khalifa (a chief
Muslim ruler for
the whole
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Muslim world) to
make victorious
Allah's religion of
Islamic
Monotheism],
there will be
Fitnah (wars,
battles,
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polytheism) and
oppression on
the earth, and a
great mischief
and corruption
(appearance of
polytheism)."

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(TMQ,8:72,73).
Hence, Islam
commanded his
adherents to be
alert and not to
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be oppressive.
Consequently,
Islam
commanded
them to make a
strong army
equipped with
all the possible
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means of
armament , so
Allah says in
Surat al-Anfal
what can be
translated as, "
And make ready
against them all
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you can of
power, including
steeds of war
(tanks, planes,
missiles,
artillery) to
threaten the
enemy of Allah
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and your enemy,

and others
besides whom,
you may not
know but whom
Allah does
know. And
whatever you
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shall spend in
the Cause of
Allah shall be
repaid unto you,
and you shall
not be treated
unjustly." (
TMQ,8:60).
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Furthermore, In
two prophetical
Hadiths ,
Prophet (SAWS
) gave advice
to both Ali
Ibn-Abu-Taleb
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and Mu'adh
Ibn-Jabal in two
different battles
saying, "
Don't fight them
until you invite
them to Islam.
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if they refuse,
don't begin
fighting until
they kill one
from you. Then,
show them this
killed Muslim
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and say, don't

you accept what
is much better
than fighting ?!!
it is to testify
that there is no
god but Allah
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(faith confession
in Islam )
because, if
Allah guides
one man on
your hands, this
will be better
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than having all

what on the
whole earth".
Therefore, we
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can deduce
that Islam knew
the "declaration
of war"
principle before
fighting , the
principle which
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remained
unknown to the
Positive Public
International
Law till 1907
in The second
Hague
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conference.
Baron Mitchell
de Taub, in his
book that was
mentioned
before, said
that, "he found
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the principle of
"declaration of
war" in the
writings of
Muslim jurists
like; Hassan
Al-Basri
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Al-Baghdadi,
and
Al-Mawardi.
Then he
continued
saying, "the
most miserable
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times in Europe
was full of
feudal anarchy
...". Because
humanity was
in a state of
desperation in
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the tenth
century (AC),
so he said,
"Islamic world
has helped in
the overflow of
the right
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humanitarianis
m over the
miserable
mankind; the
assistance that
must be
appreciated
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because it's
considered as
the best if
compared with
its counterparts
in Roman,
Germanic, and
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Byzantium
Europe during
the Middle
Ages. Hence,
European
scientists have
benefited
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widely from
Islam."

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108 / 597
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Images
from Abu Graib
in Iraq-
civilians being
put to torture

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Islam was the

first religion
that
discriminated
between
warriors and
civilians, the
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issue that the

West is proud
of
implementing
iton papers
only but not in
reality. while
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he " the west"

codifies this
issue after
stealing it from
Islamic
thoughts.
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In all his
battles, the
Prophet (SAW
S )
advised the
army leaders
and said,
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"Go ahead in
the name of
Allah, and by
the blessing of
his
Messenger.
Don't kill an
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old man, or a
child, or a
young person
or a woman.
Don't betray.
Act in the
Right way, and
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do good, truly
Allah loves the
good-doers
". And He (
SAWS
) forbade also
mutilating
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dead bodies
as he said: "
I warn you of
mutilating the
killed, even if it
was a
slaughter dog"
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. He (
SAWS
) said also: "
Don't kill
women, or
children, or
those who are
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in the
monasteries.
"
When the
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Prophet (SAW
S )
saw a woman
killed in the
battlefield, he
denounced
that saying
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"She can't
have been
fighting ,nor
was she
supposed to
be fighting ".
Verily, Honest
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WHO dubbed
you
Raouf
(kind) and
Rahim
(merciful),
peace and
123 / 597
Tuesday, 09 June 2009 15:18 -
blessings be
upon you.
Also Abu-Bakr
Al Siddiq (the
124 / 597
Tuesday, 09 June 2009 15:18 -
verifier ), the 1
st
caliph to
Muslims
advised the
first military
expedition's
125 / 597
Tuesday, 09 June 2009 15:18 -

leader in his
era, Osama
Bin Zaid
saying: "Don't
betray. Don't
take illegally a
126 / 597
Tuesday, 09 June 2009 15:18 -
part of booty.
Don't mutilate
the dead
bodies. Don't
kill a child, or
an old man, or
a woman. Do
127 / 597
Tuesday, 09 June 2009 15:18 -
not cut down

or burn palm
trees and
don't cut down
a fruity tree.
Don't
slaughter a
128 / 597
Tuesday, 09 June 2009 15:18 -
sheep, or a
cow or a
camel except
for food. You
will find on
your way
people who
129 / 597
Tuesday, 09 June 2009 15:18 -
claim to have
totally given
themselves to
Allah. Leave
them to what
they claim to
have given
130 / 597
Tuesday, 09 June 2009 15:18 -
themselves).
In his advice
to his army
leader
131 / 597
Tuesday, 09 June 2009 15:18 -
headed for al-

sham
(The Levant),
Abu-Bakr said
to Abu-Bakr
Yazed
132 / 597
Tuesday, 09 June 2009 15:18 -
Ibn-Abu-Sufy
an adding to
what was said
before " And
never fight a
wounded
133 / 597
Tuesday, 09 June 2009 15:18 -
man, because
a part of him
is not
his(likening
the wounded
part to the
134 / 597
Tuesday, 09 June 2009 15:18 -
dead which is
not to be put
to torture at
your hands )
. Speak a
little as it
135 / 597
Tuesday, 09 June 2009 15:18 -
suffices you
what people
have
understood
from you
Accept
136 / 597
Tuesday, 09 June 2009 15:18 -
people 's
public deeds
and entrust
their secrets
to Allah. Don't
confine your
137 / 597
Tuesday, 09 June 2009 15:18 -
soldiers, lest
you should
disgrace
them ; don't
neglect them,
because you
138 / 597
Tuesday, 09 June 2009 15:18 -
may spoil
them. I place
you in the
trust of Allah,
whose trust is
never
139 / 597
Tuesday, 09 June 2009 15:18 -
misplaced."
In addition,
The Caliph
Omar
140 / 597
Tuesday, 09 June 2009 15:18 -
Ibnul-Khattab
has advised
his leader of
the army
saying: " Go
In the name
141 / 597
Tuesday, 09 June 2009 15:18 -
of Allah, and
with His help.
Go with
Allah's
support. You'll
have victory
142 / 597
Tuesday, 09 June 2009 15:18 -
by staying in
the battle and
being patient.
Fight and
transgress not
the limits,
143 / 597
Tuesday, 09 June 2009 15:18 -
truly Allah
likes not the
transgressors.
Don't be
coward when
meeting the
144 / 597
Tuesday, 09 June 2009 15:18 -
enemy.
Never
mutilate when
you've the
ability to do
so. Don't
145 / 597
Tuesday, 09 June 2009 15:18 -
exceed the
limits in the
matter of
taking life
when you're
the winners.
146 / 597
Tuesday, 09 June 2009 15:18 -
Don't kill an
old man, or a
woman, or a
child and
avoid killing
them as much
147 / 597
Tuesday, 09 June 2009 15:18 -
as
possible and
when the heat
of the battle
grows and
becomes
148 / 597
Tuesday, 09 June 2009 15:18 -
fiercer , make
your fight only
for the sake of
God not for
vainglory of
this life ,then
149 / 597
Tuesday, 09 June 2009 15:18 -
rejoice in the
bargain which
ye have
concluded:
that is the
achievement
150 / 597
Tuesday, 09 June 2009 15:18 -
supreme
These
Commandme
nts in Jihad
151 / 597
Tuesday, 09 June 2009 15:18 -
(war) ethics
are more
exalted, more
perfect, more
righteous, and
more gracious
152 / 597
Tuesday, 09 June 2009 15:18 -
than all what

human's
legislation
contains.
Hence, it's
more higher
153 / 597
Tuesday, 09 June 2009 15:18 -
than what the

rules of
modern
international
law in
general reach
154 / 597
Tuesday, 09 June 2009 15:18 -
ed and
international
humanitarian
law in
particular, not
even the
155 / 597
Tuesday, 09 June 2009 15:18 -
hopes of
scholars and
writers
reached that
standard . (Ali
Mansur, the
156 / 597
Tuesday, 09 June 2009 15:18 -
previous,
Al-305).
There's a
great
157 / 597
Tuesday, 09 June 2009 15:18 -
difference
between
Islam's ethics
in war and
what is
happening in
158 / 597
Tuesday, 09 June 2009 15:18 -
Palestine for
more than
half a century,
Afghanistan,
Iraq, and
Chechnya. In
159 / 597
Tuesday, 09 June 2009 15:18 -
the name of

what they
destruct
houses over
the heads of
their residents
160 / 597
Tuesday, 09 June 2009 15:18 -
,be it old
men, children,
or women?.
It's in the
name of
democracy
161 / 597
Tuesday, 09 June 2009 15:18 -
and reform?
Curse of Allah
over them all(
democracy
and reform)
and all those
162 / 597
Tuesday, 09 June 2009 15:18 -
who call for

them.
Let Arab
marines and
163 / 597
Tuesday, 09 June 2009 15:18 -
hypocrites
read those
commandmen
ts to realize
that, they sold
the Hereafter
164 / 597
Tuesday, 09 June 2009 15:18 -
for a cheap
false world.
The world that
is not equal a
mosquito's
wing. Let
165 / 597
Tuesday, 09 June 2009 15:18 -
Muslims'
jurists in the
international
law raise their
heads very
high and say
166 / 597
Tuesday, 09 June 2009 15:18 -
to the West
and its jurists:
"this is our
religion which
speaks the
truth since
167 / 597
Tuesday, 09 June 2009 15:18 -
more than
fourteen
centuries. The
religion that
legislate,
formulate,
168 / 597
Tuesday, 09 June 2009 15:18 -
and
implement
what you
didn't reach in
the century of
Human rights
169 / 597
Tuesday, 09 June 2009 15:18 -
and
civilization.
The Prophet (
SAWS
170 / 597
Tuesday, 09 June 2009 15:18 -
) has
forbidden
burning
people alive
with fire. He
said, "
171 / 597
Tuesday, 09 June 2009 15:18 -
The Lord of
fire is the only
One Who can
punish by
fire."
narrated by
172 / 597
Tuesday, 09 June 2009 15:18 -
Abu-Dawud
and al-Dârimî.
173 / 597
Tuesday, 09 June 2009 15:18 -
Moreover,
Islam has put
a clear way in
dealing with
prisoners of
war. This
174 / 597
Tuesday, 09 June 2009 15:18 -
way has the

essence of
honor,
preserve the
dignity of the
prisoner, and
175 / 597
Tuesday, 09 June 2009 15:18 -
the
maintenance
of his life. In
Qur'an
there's many
ayas that
176 / 597
Tuesday, 09 June 2009 15:18 -
exhort us to
honor war
prisoners. In
Surat Al-Baq
arah ,
Allah (
177 / 597
Tuesday, 09 June 2009 15:18 -
T
) says what
can be
translated as,

"
178 / 597
Tuesday, 09 June 2009 15:18 -
After this, it is
you who kill
one another
and drive out
a party of you
from their
179 / 597
Tuesday, 09 June 2009 15:18 -
homes, assist
(their
enemies)
against them,
in sin and
transgression
180 / 597
Tuesday, 09 June 2009 15:18 -
. And if they
come to you
as captives,
you ransom
them,
although their
181 / 597
Tuesday, 09 June 2009 15:18 -
expulsion
was
forbidden to
you. Then do
you believe in
a part of the
182 / 597
Tuesday, 09 June 2009 15:18 -
Scripture and
reject the
rest? Then
what is the
recompense
of those who
183 / 597
Tuesday, 09 June 2009 15:18 -
do so among
you, except
disgrace in
the life of this
world, and on
the Day of
184 / 597
Tuesday, 09 June 2009 15:18 -
Resurrection
they shall be
consigned to
the most
grievous
torment. And
185 / 597
Tuesday, 09 June 2009 15:18 -
Allah is not
unaware of
what you do."

(TMQ, 2:85).
186 / 597
Tuesday, 09 June 2009 15:18 -
Also in Surat
Al-Anfal
, Allah says
what can be
translated as,
187 / 597
Tuesday, 09 June 2009 15:18 -
"
It is not for a
Prophet that
he should
have
prisoners of
188 / 597
Tuesday, 09 June 2009 15:18 -
war (and free

them with
ransom) until
he had made
a great
slaughter
189 / 597
Tuesday, 09 June 2009 15:18 -
(among his
enemies) in
the land. You
desire the
good of this
world (i.e. the
190 / 597
Tuesday, 09 June 2009 15:18 -
money of
ransom for
freeing the
captives), but
Allah desires
(for you) the
191 / 597
Tuesday, 09 June 2009 15:18 -
Hereafter.
And Allah is
All-Mighty,
All-Wise.
Were it not a
previous
192 / 597
Tuesday, 09 June 2009 15:18 -
ordainment
from Allah, a
severe
torment
would have
touched you
193 / 597
Tuesday, 09 June 2009 15:18 -
for what you

took."
(TMQ,
8:67,68).
And in the
same Surah
194 / 597
Tuesday, 09 June 2009 15:18 -
Allah says,
"
O Prophet
(Muhammad)
Say to the
captives that
195 / 597
Tuesday, 09 June 2009 15:18 -
are in your
hands! "If
Allah knows
any good in
your hearts,
He will give
196 / 597
Tuesday, 09 June 2009 15:18 -
you
something
better than
what has
been taken
from you,
197 / 597
Tuesday, 09 June 2009 15:18 -
and He will
forgive you,
and Allah is
Oft-Forgiving,
Most Merciful
."
198 / 597
Tuesday, 09 June 2009 15:18 -
(TMQ,
8:70,71).
Also in Surat
199 / 597
Tuesday, 09 June 2009 15:18 -
Muhammad,
Allah says
what can be
translated
as, "So,
when you
200 / 597
Tuesday, 09 June 2009 15:18 -
meet (in fight

- Jihad in
Allah's
Cause)
those who
disbelieve,
201 / 597
Tuesday, 09 June 2009 15:18 -
smite (their)
necks till
when you
have killed
and
wounded
202 / 597
Tuesday, 09 June 2009 15:18 -
many of
them, then
bind a bond
firmly (on
them, i.e.
take them as
203 / 597
Tuesday, 09 June 2009 15:18 -
captives).
Thereafter
(is the time)
either for
generosity
(i.e. free
204 / 597
Tuesday, 09 June 2009 15:18 -
them without
ransom), or
ransom
(according to
what benefits
Islam), until
205 / 597
Tuesday, 09 June 2009 15:18 -
the war lays

down its
burden. Thus
[you are
ordered by
Allah to
206 / 597
Tuesday, 09 June 2009 15:18 -
continue in
carrying out
Jihad against
the
disbelievers
till they
207 / 597
Tuesday, 09 June 2009 15:18 -
embrace
Islam and
are saved
from the
punishment
in the
208 / 597
Tuesday, 09 June 2009 15:18 -
Hell-fire or at
least come
under your
protection],
but if it had
been Allah's
209 / 597
Tuesday, 09 June 2009 15:18 -
Will, He
Himself
could
certainly
have
punished
210 / 597
Tuesday, 09 June 2009 15:18 -
them
(without
you). But (He
lets you
fight) in order
to test some
211 / 597
Tuesday, 09 June 2009 15:18 -
of you with
others. But
those who
are killed in
the Way of
Allah, He will
212 / 597
Tuesday, 09 June 2009 15:18 -
never let
their deeds
be lost."
(TMQ, 47:4).
213 / 597
Tuesday, 09 June 2009 15:18 -
In Surat Al-I
nsan
(The
Human),
Allah says
what can be
214 / 597
Tuesday, 09 June 2009 15:18 -
translated
as, "
And they
give food,
inspite of
their love for
215 / 597
Tuesday, 09 June 2009 15:18 -
it (or for the

love of Him),
to the Miskîn
(the poor),
the orphan,
and the
216 / 597
Tuesday, 09 June 2009 15:18 -
captive"(TM
Q,76:8).
And in Surat
Al-Balad
(The city),
Allah says
217 / 597
Tuesday, 09 June 2009 15:18 -
what can be
translated
as, "And
what will
make you
know the
218 / 597
Tuesday, 09 June 2009 15:18 -
path that is
steep? (It is)
freeing a
neck
(slave)."
(
219 / 597
Tuesday, 09 June 2009 15:18 -
TMQ,90:12,
13).
On the other
220 / 597
Tuesday, 09 June 2009 15:18 -
hand, if we
look to the
Sunnah of
the
Messenger
of Allah
221 / 597
Tuesday, 09 June 2009 15:18 -
(SAWS)
either what
the Prophet
said or did
or agreed to
during his
222 / 597
Tuesday, 09 June 2009 15:18 -
life, we'll find

it very much
and need
volumes but
we'll refer
only to the
223 / 597
Tuesday, 09 June 2009 15:18 -
most
important of
it. As he(SA
WS
) said :
" Fear God
224 / 597
Tuesday, 09 June 2009 15:18 -
regarding
prisoners of
war"/ " Take
care of
prisoners of
war"
225 / 597
Tuesday, 09 June 2009 15:18 -
narrated by
al-Tabarani
in Al-Mu'jam
As-Saghir."
(part 1,250).
226 / 597
Tuesday, 09 June 2009 15:18 -
The
messenger
of Allah (SA
WS
) has
forbidden
227 / 597
Tuesday, 09 June 2009 15:18 -
harming or
doing any
injustice to
prisoners of
war as the
Hadith says
228 / 597
Tuesday, 09 June 2009 15:18 -
, "on the
authority of
Shihab as
he said,"
Accompanie
d by a
229 / 597
Tuesday, 09 June 2009 15:18 -
prisoners of
wars ,
Abo-Baker
once
passed by
Sohib while
230 / 597
Tuesday, 09 June 2009 15:18 -
he was
sitting in the
mosque , on
seeing him ,
Sohib said "
who is this
231 / 597
Tuesday, 09 June 2009 15:18 -
with you ? "

"He is a
prisoner of
war ; I am
going to ask
the
232 / 597
Tuesday, 09 June 2009 15:18 -
prophet's
protection
for him "
replied
Abo-Baker .
" there
233 / 597
Tuesday, 09 June 2009 15:18 -
seem to be
what could
be the effect
of a sword
in his neck
!!" Said
234 / 597
Tuesday, 09 June 2009 15:18 -
Sohib ;
Abo-Bakr
got angry as
a result and
headed to
the prophet
235 / 597
Tuesday, 09 June 2009 15:18 -
; on seeing
him as so ,
prophet
Mohummed
said " why
are you
236 / 597
Tuesday, 09 June 2009 15:18 -
angry ?" " I

passed with
my prisoner
by Sohib
,who said
he saw the
237 / 597
Tuesday, 09 June 2009 15:18 -
sign of a
sword in my
prisoner's
neck "
prophet
Mohummed
238 / 597
Tuesday, 09 June 2009 15:18 -
said " Mind

you didn't
cause him
any harm !!"
Abo Bakr
said " I
239 / 597
Tuesday, 09 June 2009 15:18 -
swear by
God , I
didn't ."
If you had
harmed him
. you would
240 / 597
Tuesday, 09 June 2009 15:18 -
have
disobeyed
and
displeased
God and
His
241 / 597
Tuesday, 09 June 2009 15:18 -
messenger .
" prophet
Mohummed
said .
242 / 597
Tuesday, 09 June 2009 15:18 -
( Narrated
in the
Al-Tabaran
y collection
, volume "
243 / 597
Tuesday, 09 June 2009 15:18 -
8", page 36)
Theory of
244 / 597
Tuesday, 09 June 2009 15:18 -
Islam
regarding
prisoners of
war can be
summarize
245 / 597
Tuesday, 09 June 2009 15:18 -
d in three
elements:
246 / 597
Tuesday, 09 June 2009 15:18 -
1.Good
treatment
until
deciding
their fate.
247 / 597
Tuesday, 09 June 2009 15:18 -
2.Generosit
y or
freeing
them or
ransom for
248 / 597
Tuesday, 09 June 2009 15:18 -
those we
think that
they have
any good in
their
249 / 597
Tuesday, 09 June 2009 15:18 -
hearts.
3.Killing
250 / 597
Tuesday, 09 June 2009 15:18 -
war
criminals.
251 / 597
Tuesday, 09 June 2009 15:18 -
Look to the
difference
between
that and
what's
252 / 597
Tuesday, 09 June 2009 15:18 -
happening
in the
prison of
Gwantana
mo and
253 / 597
Tuesday, 09 June 2009 15:18 -
Abu-Ghrai
b, in
Palestine,
in Iraq,
and in
254 / 597
Tuesday, 09 June 2009 15:18 -
Chechnya!
Also look
to what's
happening
in some
255 / 597
Tuesday, 09 June 2009 15:18 -
other
countries
prisons.
Tell me,
where are
256 / 597
Tuesday, 09 June 2009 15:18 -
Human
Rights in
that!!?.
257 / 597
Tuesday, 09 June 2009 15:18 -
In Islam
even the
killed
persons
have
258 / 597
Tuesday, 09 June 2009 15:18 -
rights. In
battles, the
unbeliever
s corpse
must be
259 / 597
Tuesday, 09 June 2009 15:18 -
buried and
never be
let in
streets
until
260 / 597
Tuesday, 09 June 2009 15:18 -
animals
eat them,
as we saw
in Iraq and
Afghanista
261 / 597
Tuesday, 09 June 2009 15:18 -
n now .
This is just
262 / 597
Tuesday, 09 June 2009 15:18 -
a few of
the many
and a drop
of water in
the Islam's
263 / 597
Tuesday, 09 June 2009 15:18 -
wide
ocean of
generosity
. I mention
this to
264 / 597
Tuesday, 09 June 2009 15:18 -
distinguish
between
the right
path and
the wrong
265 / 597
Tuesday, 09 June 2009 15:18 -
one, the
Truth and
the
falsehood,
and the
266 / 597
Tuesday, 09 June 2009 15:18 -
difference
between
our
civilization
and their
267 / 597
Tuesday, 09 June 2009 15:18 -
civilization.
Also to
make
those who
have brain
268 / 597
Tuesday, 09 June 2009 15:18 -
and heart
to
understan
d.
269 / 597
Tuesday, 09 June 2009 15:18 -
The theory
of war in
the
Contempor
ary
270 / 597
Tuesday, 09 June 2009 15:18 -
Internation
al Law:
271 / 597
Tuesday, 09 June 2009 15:18 -
Contempo
rary
Internation
al law has
came too
272 / 597
Tuesday, 09 June 2009 15:18 -
late in
implementi
ng those
rules that
came in
273 / 597
Tuesday, 09 June 2009 15:18 -
Islamic
law. Yet,
in the last
century it
(C.I.L)
274 / 597
Tuesday, 09 June 2009 15:18 -
began to
follow
those rules
but after
the
275 / 597
Tuesday, 09 June 2009 15:18 -
Humanity
had tasted
the
bitterness
of wars,
276 / 597
Tuesday, 09 June 2009 15:18 -
where
millions of
people
were killed
and
277 / 597
Tuesday, 09 June 2009 15:18 -
houses,
cities, and
many
countries
were
278 / 597
Tuesday, 09 June 2009 15:18 -
destroyed
over their
residents'
heads in
the name
279 / 597
Tuesday, 09 June 2009 15:18 -
of
civilization.
In addition,
the west
perpetrate
280 / 597
Tuesday, 09 June 2009 15:18 -
d all kinds
of
deficiencie
s even
after
281 / 597
Tuesday, 09 June 2009 15:18 -
putting
rules for
war at the
four
Conventio
282 / 597
Tuesday, 09 June 2009 15:18 -
ns of
Geneva in
1949.
Also, the
two
283 / 597
Tuesday, 09 June 2009 15:18 -
protocols
that were
added to
them in
1977 still
284 / 597
Tuesday, 09 June 2009 15:18 -
ink on
paper.
285 / 597
Tuesday, 09 June 2009 15:18 -
First
Geneva
Conventio
n : For the
Ameliorati
286 / 597
Tuesday, 09 June 2009 15:18 -
on of the
Condition
of the
Wounded
and Sick in
287 / 597
Tuesday, 09 June 2009 15:18 -
Armed
Forces in
the Field.
288 / 597
Tuesday, 09 June 2009 15:18 -
Second
Geneva
Conventio
n : For
Ameliorati
289 / 597
Tuesday, 09 June 2009 15:18 -
on of the
state of
wounded
people,
patients,
290 / 597
Tuesday, 09 June 2009 15:18 -
and
drowned
people of
the Armed
Forces in
291 / 597
Tuesday, 09 June 2009 15:18 -
seas.
Third
292 / 597
Tuesday, 09 June 2009 15:18 -
Geneva
Conventio
n:
Relative
to the
293 / 597
Tuesday, 09 June 2009 15:18 -
Treatment
of
Prisoners
of War.
294 / 597
Tuesday, 09 June 2009 15:18 -
Fourth
Geneva
Conventio
n:
Relative
295 / 597
Tuesday, 09 June 2009 15:18 -
to the
Protection
of Civilian
Persons
in the
296 / 597
Tuesday, 09 June 2009 15:18 -
Time of
War.
297 / 597
Tuesday, 09 June 2009 15:18 -
Protocol I:
Protocol
Additional
to the
298 / 597
Tuesday, 09 June 2009 15:18 -
Geneva
Conventio
ns of 12
August
299 / 597
Tuesday, 09 June 2009 15:18 -
1949, and
relating to
the
Protection
300 / 597
Tuesday, 09 June 2009 15:18 -
of Victims
of
Internatio
nal
301 / 597
Tuesday, 09 June 2009 15:18 -
Armed
Conflicts
for the
year of
302 / 597
Tuesday, 09 June 2009 15:18 -
1977.
303 / 597
Tuesday, 09 June 2009 15:18 -
Protocol
II:
Protocol
Additional
304 / 597
Tuesday, 09 June 2009 15:18 -
to the
Geneva
Conventi
ons
305 / 597
Tuesday, 09 June 2009 15:18 -
relating to
the
Protectio
n of
306 / 597
Tuesday, 09 June 2009 15:18 -
Victims of
Non-Inter
national
Armed
307 / 597
Tuesday, 09 June 2009 15:18 -
Conflicts
for the
year of
1977.
308 / 597
Tuesday, 09 June 2009 15:18 -
Neverthel
ess, all
these
conventio
309 / 597
Tuesday, 09 June 2009 15:18 -
ns proved
their
weaknes
s and
310 / 597
Tuesday, 09 June 2009 15:18 -
failure, as
well as
they were
not
311 / 597
Tuesday, 09 June 2009 15:18 -
applied
by
countries
especially
312 / 597
Tuesday, 09 June 2009 15:18 -
because
they are
consensu
al which
313 / 597
Tuesday, 09 June 2009 15:18 -
means
that, they
are
adhered
314 / 597
Tuesday, 09 June 2009 15:18 -
to the will
of the
parties
and only
315 / 597
Tuesday, 09 June 2009 15:18 -
the
signatorie
s must
adhere to
316 / 597
Tuesday, 09 June 2009 15:18 -
them,
and even
those are
not
317 / 597
Tuesday, 09 June 2009 15:18 -
obliged to
respect
these
conventio
318 / 597
Tuesday, 09 June 2009 15:18 -
ns, in the
absence
of
authority
319 / 597
Tuesday, 09 June 2009 15:18 -
that
monitors
the
applicatio
320 / 597
Tuesday, 09 June 2009 15:18 -
n of rules
and
provision
s of the
321 / 597
Tuesday, 09 June 2009 15:18 -
internatio
nal law,
which is
completel
322 / 597
Tuesday, 09 June 2009 15:18 -
y
different
in the
applicatio
323 / 597
Tuesday, 09 June 2009 15:18 -
n of the
internal
law.
324 / 597
Tuesday, 09 June 2009 15:18 -
In
addition,
the
controls
325 / 597
Tuesday, 09 June 2009 15:18 -
that are
included
in these
conventio
326 / 597
Tuesday, 09 June 2009 15:18 -
ns and in
the other
rules and
provision
327 / 597
Tuesday, 09 June 2009 15:18 -
s of the
internatio
nal
humanita
328 / 597
Tuesday, 09 June 2009 15:18 -
rian law
did not
reach the
degree
329 / 597
Tuesday, 09 June 2009 15:18 -
nor the
superiorit
y that the
Islamic
330 / 597
Tuesday, 09 June 2009 15:18 -
law has
reached
for more
than
331 / 597
Tuesday, 09 June 2009 15:18 -
fourteen
centuries
ago.
Besides,
332 / 597
Tuesday, 09 June 2009 15:18 -
all
Muslims
successo
rs,
333 / 597
Tuesday, 09 June 2009 15:18 -
leaders
and
soldiers
are
334 / 597
Tuesday, 09 June 2009 15:18 -
adhered
to the
rules of
Islam.
335 / 597
Tuesday, 09 June 2009 15:18 -
For
example,
Caliph
Omar
336 / 597
Tuesday, 09 June 2009 15:18 -
Ibnul-Kha
ttab freed
the
Comman
337 / 597
Tuesday, 09 June 2009 15:18 -
der of his
armies of
the army
leadershi
338 / 597
Tuesday, 09 June 2009 15:18 -
p - in
spite of
the
numerou
339 / 597
Tuesday, 09 June 2009 15:18 -
s great
victories
he had
achieved-
340 / 597
Tuesday, 09 June 2009 15:18 -
and said,
"the
sword of
Khalid
341 / 597
Tuesday, 09 June 2009 15:18 -
has a
hurry in
killing ,"
which
342 / 597
Tuesday, 09 June 2009 15:18 -
means
that the
reason of
his
343 / 597
Tuesday, 09 June 2009 15:18 -
absolving
is the
large
number
344 / 597
Tuesday, 09 June 2009 15:18 -
of killings,
in spite of
the
numerou
345 / 597
Tuesday, 09 June 2009 15:18 -
s
triumphs.
( Abu
Zahra,
346 / 597
Tuesday, 09 June 2009 15:18 -
the rights
of
prisoners
of war in
347 / 597
Tuesday, 09 June 2009 15:18 -
Islam,
Cairo,
2005)
348 / 597
Tuesday, 09 June 2009 15:18 -
Moreover
, the
positive
internatio
349 / 597
Tuesday, 09 June 2009 15:18 -
nal law
took a
very long
time until
350 / 597
Tuesday, 09 June 2009 15:18 -
it reached
some of
the high
principles
351 / 597
Tuesday, 09 June 2009 15:18 -
of Islam
which
Islam has
reached
352 / 597
Tuesday, 09 June 2009 15:18 -
for many
centuries
ago. The
Internatio
353 / 597
Tuesday, 09 June 2009 15:18 -
nal law
didn't
apply
those
354 / 597
Tuesday, 09 June 2009 15:18 -
controls it
reached
to in the
twentieth
355 / 597
Tuesday, 09 June 2009 15:18 -
century
on all
armed
conflicts,
356 / 597
Tuesday, 09 June 2009 15:18 -
instead it
moved
from the
theory of
357 / 597
Tuesday, 09 June 2009 15:18 -
war,
which
required
specific
358 / 597
Tuesday, 09 June 2009 15:18 -
condition
s in order
to apply
the
359 / 597
Tuesday, 09 June 2009 15:18 -
internatio
nal law
on these
wars.
360 / 597
Tuesday, 09 June 2009 15:18 -
And
these
condition
s are
361 / 597
Tuesday, 09 June 2009 15:18 -
represent
ed in: the
official
declaratio
362 / 597
Tuesday, 09 June 2009 15:18 -
n of war
from the
side of
the
363 / 597
Tuesday, 09 June 2009 15:18 -
countries,
these
wars
should be
364 / 597
Tuesday, 09 June 2009 15:18 -
between
countries
that are
recognize
365 / 597
Tuesday, 09 June 2009 15:18 -
d by the
internatio
nal law
and the
366 / 597
Tuesday, 09 June 2009 15:18 -
war must
be waged
by the
country's
367 / 597
Tuesday, 09 June 2009 15:18 -
prince .
The war
that miss
any of
368 / 597
Tuesday, 09 June 2009 15:18 -
these
condition
s,
according
369 / 597
Tuesday, 09 June 2009 15:18 -
ly it goes
out from
the scope
of the
370 / 597
Tuesday, 09 June 2009 15:18 -
internatio
nal law
and
doesn't
371 / 597
Tuesday, 09 June 2009 15:18 -
subject to
its
provision
s and
372 / 597
Tuesday, 09 June 2009 15:18 -
rules,
which
made
these
373 / 597
Tuesday, 09 June 2009 15:18 -
wars are
more
violent
than
374 / 597
Tuesday, 09 June 2009 15:18 -
other
wars.
375 / 597
Tuesday, 09 June 2009 15:18 -
Positive
internatio
nal law
has
376 / 597
Tuesday, 09 June 2009 15:18 -
moved
from that
theory
mentione
377 / 597
Tuesday, 09 June 2009 15:18 -
d above
to the
theory of
armed
378 / 597
Tuesday, 09 June 2009 15:18 -
conflict,
which
took into
considera
379 / 597
Tuesday, 09 June 2009 15:18 -
tion
having an
armed
conflict
380 / 597
Tuesday, 09 June 2009 15:18 -
which is
free of
the
previous
381 / 597
Tuesday, 09 June 2009 15:18 -
condition
s, but it
was
enough if
382 / 597
Tuesday, 09 June 2009 15:18 -
this
armed
conflict
was
383 / 597
Tuesday, 09 June 2009 15:18 -
between
two
countries
or even
384 / 597
Tuesday, 09 June 2009 15:18 -
within a
single
country.
And
385 / 597
Tuesday, 09 June 2009 15:18 -
using this
theory
stayed
many
386 / 597
Tuesday, 09 June 2009 15:18 -
centuries
costing
the
humanity
387 / 597
Tuesday, 09 June 2009 15:18 -
millions
of dead
and
wounded
388 / 597
Tuesday, 09 June 2009 15:18 -
people in
addition
to the
devastati
389 / 597
Tuesday, 09 June 2009 15:18 -
on and
destructio
n it
suffered
390 / 597
Tuesday, 09 June 2009 15:18 -
from,
(d/Zakary
a
Hussein
391 / 597
Tuesday, 09 June 2009 15:18 -
Azmi,
from the
theory of
war to the
392 / 597
Tuesday, 09 June 2009 15:18 -
theory of
the
armed
conflict,
393 / 597
Tuesday, 09 June 2009 15:18 -
study in
the
protection
of
394 / 597
Tuesday, 09 June 2009 15:18 -
civilians
in armed
conflicts,
Ph.D.,
395 / 597
Tuesday, 09 June 2009 15:18 -
Faculty of
Law,
Cairo
University
396 / 597
Tuesday, 09 June 2009 15:18 -
, 1978).
Every
thing was
permissib
397 / 597
Tuesday, 09 June 2009 15:18 -
le in war
because
there was
no
398 / 597
Tuesday, 09 June 2009 15:18 -
respect to
the
simplest
rules
399 / 597
Tuesday, 09 June 2009 15:18 -
applicabl
e in war,
in
addition
400 / 597
Tuesday, 09 June 2009 15:18 -
the
internatio
nal law
has
401 / 597
Tuesday, 09 June 2009 15:18 -
permitted
the use of
all means
that can
402 / 597
Tuesday, 09 June 2009 15:18 -
end and
destroy
the
enemy
403 / 597
Tuesday, 09 June 2009 15:18 -
and put
nothing
but very
few
404 / 597
Tuesday, 09 June 2009 15:18 -
restraints
which
had not
been
405 / 597
Tuesday, 09 June 2009 15:18 -
respected
by
countries.
406 / 597
Tuesday, 09 June 2009 15:18 -
Moreover
, the
internal
armed
407 / 597
Tuesday, 09 June 2009 15:18 -
conflicts
that have
no
internatio
408 / 597
Tuesday, 09 June 2009 15:18 -
nal
characteri
stics
weren't
409 / 597
Tuesday, 09 June 2009 15:18 -
subjected
to the
organizin
g and the
410 / 597
Tuesday, 09 June 2009 15:18 -
putting of
controls
on the
part of
411 / 597
Tuesday, 09 June 2009 15:18 -
the
internatio
nal law
until the
412 / 597
Tuesday, 09 June 2009 15:18 -
20th
century,
and even
these
413 / 597
Tuesday, 09 June 2009 15:18 -
controls
did not
reach to
the
414 / 597
Tuesday, 09 June 2009 15:18 -
controls
which
are in
the
415 / 597
Tuesday, 09 June 2009 15:18 -
Islamic
Law.
(Dr/Roqa
ya
416 / 597
Tuesday, 09 June 2009 15:18 -
owashrya
h,
protection
of
417 / 597
Tuesday, 09 June 2009 15:18 -
civilians
in the
armed
conflict
418 / 597
Tuesday, 09 June 2009 15:18 -
that
hasn't an
internatio
nal
419 / 597
Tuesday, 09 June 2009 15:18 -
characteri
stic,
Ph.D.,
Law
420 / 597
Tuesday, 09 June 2009 15:18 -
faculty,
Ain
Shams
university
421 / 597
Tuesday, 09 June 2009 15:18 -
, 2002).
422 / 597
Tuesday, 09 June 2009 15:18 -
Contemp
orary
internatio
nal law
423 / 597
Tuesday, 09 June 2009 15:18 -
doesn't
outspoke
nly forbid
war
424 / 597
Tuesday, 09 June 2009 15:18 -
except in
the
Charter
of the
425 / 597
Tuesday, 09 June 2009 15:18 -
United
Nations
in the
article
426 / 597
Tuesday, 09 June 2009 15:18 -
(2/4)
which
stipulates
that, "All
427 / 597
Tuesday, 09 June 2009 15:18 -
Members
shall
refrain in
their
428 / 597
Tuesday, 09 June 2009 15:18 -
internatio
nal
relations
from the
429 / 597
Tuesday, 09 June 2009 15:18 -
threat or
use of
force
against
430 / 597
Tuesday, 09 June 2009 15:18 -
the
territorial
integrity
or
431 / 597
Tuesday, 09 June 2009 15:18 -
political
independ
ence of
any state,
432 / 597
Tuesday, 09 June 2009 15:18 -
or in any
other
manner
inconsist
433 / 597
Tuesday, 09 June 2009 15:18 -
ent with
the
Purposes
of the
434 / 597
Tuesday, 09 June 2009 15:18 -
United
Nations".
435 / 597
Tuesday, 09 June 2009 15:18 -
Modern
internatio
nal law
reach to
436 / 597
Tuesday, 09 June 2009 15:18 -
the
defensive
war
approved
437 / 597
Tuesday, 09 June 2009 15:18 -
by Islam
only
through
the
438 / 597
Tuesday, 09 June 2009 15:18 -
United
Nations'
Charter in
the article
439 / 597
Tuesday, 09 June 2009 15:18 -
(51),
which
stipulates
that,
440 / 597
Tuesday, 09 June 2009 15:18 -
"Nothing
in the
present
Charter
441 / 597
Tuesday, 09 June 2009 15:18 -
shall
impair the
inherent
right of
442 / 597
Tuesday, 09 June 2009 15:18 -
individual
or
collective
self-defen
443 / 597
Tuesday, 09 June 2009 15:18 -
ce if an
armed
attack
occurs
444 / 597
Tuesday, 09 June 2009 15:18 -
against a
Member
of the
United
445 / 597
Tuesday, 09 June 2009 15:18 -
Nations,
until the
Security
Council
446 / 597
Tuesday, 09 June 2009 15:18 -
has taken
the
measure
s
447 / 597
Tuesday, 09 June 2009 15:18 -
necessar
y to
maintain
the
448 / 597
Tuesday, 09 June 2009 15:18 -
internatio
nal peace
and
security.
449 / 597
Tuesday, 09 June 2009 15:18 -
Measures
taken by
Members
in the
450 / 597
Tuesday, 09 June 2009 15:18 -
exercise
of this
right of
self-defen
451 / 597
Tuesday, 09 June 2009 15:18 -
ce shall
be
immediat
ely
452 / 597
Tuesday, 09 June 2009 15:18 -
reported
to the
Security
Council
453 / 597
Tuesday, 09 June 2009 15:18 -
and shall
not in any
way
affect the
454 / 597
Tuesday, 09 June 2009 15:18 -
authority
and
responsib
ility of the
455 / 597
Tuesday, 09 June 2009 15:18 -
Security
Council
under the
present
456 / 597
Tuesday, 09 June 2009 15:18 -
Charter
to take at
any time
such
457 / 597
Tuesday, 09 June 2009 15:18 -
action as
it deems
necessar
y in order
458 / 597
Tuesday, 09 June 2009 15:18 -
to
maintain
or restore
internatio
459 / 597
Tuesday, 09 June 2009 15:18 -
nal peace
and
security".
460 / 597
Tuesday, 09 June 2009 15:18 -
On the
other
hand, the
collective
461 / 597
Tuesday, 09 June 2009 15:18 -
war ( the
lawful
collective
defense)
462 / 597
Tuesday, 09 June 2009 15:18 -
against
the
aggresso
r, which
463 / 597
Tuesday, 09 June 2009 15:18 -
was
unknown
to the
internatio
464 / 597
Tuesday, 09 June 2009 15:18 -
nal law
and knew
it only
through
465 / 597
Tuesday, 09 June 2009 15:18 -
the
Charter
of the
United
466 / 597
Tuesday, 09 June 2009 15:18 -
Nations
which
dedicated
to in its
467 / 597
Tuesday, 09 June 2009 15:18 -
articles,
especially
Article
(51)
468 / 597
Tuesday, 09 June 2009 15:18 -
Chapter
VII of the
Charter.
Where
469 / 597
Tuesday, 09 June 2009 15:18 -
Islamic
law has
known
this
470 / 597
Tuesday, 09 June 2009 15:18 -
system "
lawful
collective
defense"
471 / 597
Tuesday, 09 June 2009 15:18 -
for more
than
fourteen
centuries
472 / 597
Tuesday, 09 June 2009 15:18 -
ago that
resulted
in billions
of dead,
473 / 597
Tuesday, 09 June 2009 15:18 -
as well as
the
destructio
n and
474 / 597
Tuesday, 09 June 2009 15:18 -
devastati
on. In
the Noble
ayah
475 / 597
Tuesday, 09 June 2009 15:18 -
Allah
says
what can
be
476 / 597
Tuesday, 09 June 2009 15:18 -
translated
as, "And
if two
parties or
477 / 597
Tuesday, 09 June 2009 15:18 -
groups
among
the
believers
478 / 597
Tuesday, 09 June 2009 15:18 -
fall to
fighting,
then
make
479 / 597
Tuesday, 09 June 2009 15:18 -
peace
between
them
both, but
480 / 597
Tuesday, 09 June 2009 15:18 -
if one of
them
rebels
against
481 / 597
Tuesday, 09 June 2009 15:18 -
the other,
then fight
you (all)
against
482 / 597
Tuesday, 09 June 2009 15:18 -
the one
that
which
rebels till
483 / 597
Tuesday, 09 June 2009 15:18 -
it
complies
with the
Comman
484 / 597
Tuesday, 09 June 2009 15:18 -
d of
Allah"
(TMQ:49,
9). If we
485 / 597
Tuesday, 09 June 2009 15:18 -
consider
this ayah,
we'll find
that fight
486 / 597
Tuesday, 09 June 2009 15:18 -
command
comes in
the
formula
487 / 597
Tuesday, 09 June 2009 15:18 -
of plural
(fight you
(all)),
which
488 / 597
Tuesday, 09 June 2009 15:18 -
means
that the
call here
to all the
489 / 597
Tuesday, 09 June 2009 15:18 -
believers.
As it's a
Collective
duty
490 / 597
Tuesday, 09 June 2009 15:18 -

(
11) if
some
491 / 597
Tuesday, 09 June 2009 15:18 -
persons
perform
it, it will
be
492 / 597
Tuesday, 09 June 2009 15:18 -
sufficient,
or
equivalen
t to all
493 / 597
Tuesday, 09 June 2009 15:18 -
(when
)having
performe
d it and
494 / 597
Tuesday, 09 June 2009 15:18 -
not
a
n
individual
495 / 597
Tuesday, 09 June 2009 15:18 -
duty
.(12)
496 / 597
Tuesday, 09 June 2009 15:18 -
Accordin
g to all
what we
mentione
497 / 597
Tuesday, 09 June 2009 15:18 -
d before,
it
becomes
clear that
498 / 597
Tuesday, 09 June 2009 15:18 -
Islamic
law has
many
Scientific
499 / 597
Tuesday, 09 June 2009 15:18 -
Miracles
and
legislativ
e
500 / 597
Tuesday, 09 June 2009 15:18 -
progress
concerni
ng the
drafting.
501 / 597
Tuesday, 09 June 2009 15:18 -
By law
language
, Islamic
Law
502 / 597
Tuesday, 09 June 2009 15:18 -
distinguis
hed
between
Positive
503 / 597
Tuesday, 09 June 2009 15:18 -
Law in
both form
(actions),
and
504 / 597
Tuesday, 09 June 2009 15:18 -
subject
(content).
Those
lawful
505 / 597
Tuesday, 09 June 2009 15:18 -
basics
that
came in
the
506 / 597
Tuesday, 09 June 2009 15:18 -
Modern
Internatio
nal Law
is not
507 / 597
Tuesday, 09 June 2009 15:18 -
compreh
ensive
concerni
ng
508 / 597
Tuesday, 09 June 2009 15:18 -
content
and
actions,
where
509 / 597
Tuesday, 09 June 2009 15:18 -
the
legislativ
e basics
that
510 / 597
Tuesday, 09 June 2009 15:18 -
came in
the
Islamic
Law in
511 / 597
Tuesday, 09 June 2009 15:18 -
the Noble
Qur'an, in
the
Sunnah
512 / 597
Tuesday, 09 June 2009 15:18 -
of the
prophet's
(SAWS),
Rightly
513 / 597
Tuesday, 09 June 2009 15:18 -
Guided
Caliphs
after
Him, and
514 / 597
Tuesday, 09 June 2009 15:18 -
all
Muslim's
Governor
s who
515 / 597
Tuesday, 09 June 2009 15:18 -
charged
with
authority
over
516 / 597
Tuesday, 09 June 2009 15:18 -
years
are
-that
refutes
517 / 597
Tuesday, 09 June 2009 15:18 -
the
allegation
s spread
in the
518 / 597
Tuesday, 09 June 2009 15:18 -
West that
Islam is a
religion
of
519 / 597
Tuesday, 09 June 2009 15:18 -
terrorism.
520 / 597
Tuesday, 09 June 2009 15:18 -
(for
further
informati
on ,
521 / 597
Tuesday, 09 June 2009 15:18 -
review
"the
general
theory of
522 / 597
Tuesday, 09 June 2009 15:18 -
military
alliances,
Dar
Aitarak
523 / 597
Tuesday, 09 June 2009 15:18 -
for
printing,
publishin
g and
524 / 597
Tuesday, 09 June 2009 15:18 -
distributio
n, Cairo,
Part I,
2005,
525 / 597
Tuesday, 09 June 2009 15:18 -
PhD,
Faculty
of Law,
Zagazig
526 / 597
Tuesday, 09 June 2009 15:18 -
Universit
y, 2005,
Part I).
527 / 597
Tuesday, 09 June 2009 15:18 -
------------
------------
---------
------------
528 / 597
Tuesday, 09 June 2009 15:18 -
------------
------------
------------
-
529 / 597
Tuesday, 09 June 2009 15:18 -
{1} Allah :
The word
Allah is
the
530 / 597
Tuesday, 09 June 2009 15:18 -
Arabic
term for
God.
Although
531 / 597
Tuesday, 09 June 2009 15:18 -
the use
of the
word
"Allah" is
532 / 597
Tuesday, 09 June 2009 15:18 -
most
often
associate
d with
533 / 597
Tuesday, 09 June 2009 15:18 -
Islam, it
is not
used
exclusive
534 / 597
Tuesday, 09 June 2009 15:18 -
ly by
Muslims;
Arab
Christian
535 / 597
Tuesday, 09 June 2009 15:18 -
s and
Arabic-sp
eaking
Jews
536 / 597
Tuesday, 09 June 2009 15:18 -
also use
it to refer
to the
One
537 / 597
Tuesday, 09 June 2009 15:18 -
God. The
Arabic
word
expresse
538 / 597
Tuesday, 09 June 2009 15:18 -
s the
unique
character
istics of
539 / 597
Tuesday, 09 June 2009 15:18 -
the One
God
more
precisely
540 / 597
Tuesday, 09 June 2009 15:18 -
than the
English
term.
Whereas
541 / 597
Tuesday, 09 June 2009 15:18 -
the word
"Allah"
has no
plural
542 / 597
Tuesday, 09 June 2009 15:18 -
form in
Arabic,
the
English
543 / 597
Tuesday, 09 June 2009 15:18 -
form
does,
and the
word
544 / 597
Tuesday, 09 June 2009 15:18 -
'Allah' in
Arabic
has no
connotati
545 / 597
Tuesday, 09 June 2009 15:18 -
on of
gender.
Allah is "
God
546 / 597
Tuesday, 09 June 2009 15:18 -
worshipp
ed by all
Prophets,
from
547 / 597
Tuesday, 09 June 2009 15:18 -
Adam to
Noah,
Abraham
, Moses,
548 / 597
Tuesday, 09 June 2009 15:18 -
Jesus
and
Muhamm
ad.
549 / 597
Tuesday, 09 June 2009 15:18 -
{2} SWT
= Subhan
ahu wa
Ta'ala
550 / 597
Tuesday, 09 June 2009 15:18 -
[Glorified
and
Exalted
Be He].
551 / 597
Tuesday, 09 June 2009 15:18 -
{3} TMQ
=
Translati
on of the
552 / 597
Tuesday, 09 June 2009 15:18 -
Meaning
of the
Qur'an.
This
553 / 597
Tuesday, 09 June 2009 15:18 -
translatio
n is for
the
realized
554 / 597
Tuesday, 09 June 2009 15:18 -
meaning,
so far, of
the
stated
555 / 597
Tuesday, 09 June 2009 15:18 -
(Surah:A
yah) of
the
Qur'an.
556 / 597
Tuesday, 09 June 2009 15:18 -
Reading
the
translate
d
557 / 597
Tuesday, 09 June 2009 15:18 -
meaning
of the
Qur'an
can
558 / 597
Tuesday, 09 June 2009 15:18 -
never
replace
reading it
in Arabic,
559 / 597
Tuesday, 09 June 2009 15:18 -
the
language
in which
it was
560 / 597
Tuesday, 09 June 2009 15:18 -
revealed.
561 / 597
Tuesday, 09 June 2009 15:18 -
{4} A.C =
After
Christ.
562 / 597
Tuesday, 09 June 2009 15:18 -
{5} jihad
= Any
earnest
striving in
563 / 597
Tuesday, 09 June 2009 15:18 -
the way
of Allah,
involving
personal,
564 / 597
Tuesday, 09 June 2009 15:18 -
physical,
intellectu
al or
military
565 / 597
Tuesday, 09 June 2009 15:18 -
effort, for
righteous
ness and
against
566 / 597
Tuesday, 09 June 2009 15:18 -
wrong-do
ing.
“Lesser
Jihad”:
567 / 597
Tuesday, 09 June 2009 15:18 -
fighting
to protect
Islam
from
568 / 597
Tuesday, 09 June 2009 15:18 -
attack or
oppressi
on. In
such
569 / 597
Tuesday, 09 June 2009 15:18 -
fighting,
no
woman,
child or
570 / 597
Tuesday, 09 June 2009 15:18 -
innocent
civilian is
to be
harmed,
571 / 597
Tuesday, 09 June 2009 15:18 -
and no
tree is to
be cut
down.
572 / 597
Tuesday, 09 June 2009 15:18 -
“Greater
Jihad”:
internal
struggle
573 / 597
Tuesday, 09 June 2009 15:18 -
for the
soul
(nafs)
against
574 / 597
Tuesday, 09 June 2009 15:18 -
evil and
temptatio
n.
575 / 597
Tuesday, 09 June 2009 15:18 -
{6}
Ahadith =
The
Prophet’s
576 / 597
Tuesday, 09 June 2009 15:18 -
actual
sayings
or
actions
577 / 597
Tuesday, 09 June 2009 15:18 -
as
narrated
by his
compani
578 / 597
Tuesday, 09 June 2009 15:18 -
ons.
579 / 597
Tuesday, 09 June 2009 15:18 -
{7} Surah
=A
chapter;
the
580 / 597
Tuesday, 09 June 2009 15:18 -
Qur’an is
comprise
d of 114
surahs.
581 / 597
Tuesday, 09 June 2009 15:18 -
{8} ayah
= A verse
in the
Qur'an.
582 / 597
Tuesday, 09 June 2009 15:18 -
{9}
SAWS =
Salla
Allah
583 / 597
Tuesday, 09 June 2009 15:18 -
alayhe
Wa
Salam
[All
584 / 597
Tuesday, 09 June 2009 15:18 -
Prayers
and
Blessings
of Allah
585 / 597
Tuesday, 09 June 2009 15:18 -
be upon
him].
586 / 597
Tuesday, 09 June 2009 15:18 -
{10} T =
Ta`ala
[Exalted
be He].
587 / 597
Tuesday, 09 June 2009 15:18 -
{11}
Collectiv
e duty =
A
588 / 597
Tuesday, 09 June 2009 15:18 -
comman
d which
is
imperativ
589 / 597
Tuesday, 09 June 2009 15:18 -
e upon
all
Muslims,
but if
590 / 597
Tuesday, 09 June 2009 15:18 -
some
persons
perform
it, it will
591 / 597
Tuesday, 09 June 2009 15:18 -
be
sufficient,
or
equivalen
592 / 597
Tuesday, 09 June 2009 15:18 -
t to all
having
performe
d it.
593 / 597
Tuesday, 09 June 2009 15:18 -
{12}
Individual
duty =An
injunction
594 / 597
Tuesday, 09 June 2009 15:18 -
or
ordinanc
e, the
obligation
595 / 597
Tuesday, 09 June 2009 15:18 -
of which
extends
to every
Muslim.
596 / 597
Tuesday, 09 June 2009 15:18 -
597 / 597

The Theory of War in Islam

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The Theory of War in Islam

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The theory of war in Islam

Tuesday, 09 June 2009 15:18 -

By Dr. Sayid Mustafa Ahmed Abul-Khair

The expert in International law and International relations.

Translated By : Amr Saber

Revised by : Magdy Abd Al-Shafy

Since war is a social and a human necessity,

only 250 years.

In another statistic, mankind witnessed (213) years

A

Consequently, I adhered to put the theory of

The Theory of war in Islamic Sharia

A long time ago, the western law

1- International Comparative Law in

2-The Hague Conference held in

3- The Comparative Law

4- The International

Conference in Washington held

5- The Rights/Laws division

Those conferences have

A- Dealing with Islamic

B- Islamic law is

independent and has no

C- The competence of

the French jurist

what I'm saying

In his book "Arab

In addition, there are

mentioned many of the

mentioned the advice

these systems before

Moreover, in his book "

graces of Islam over

their actual effect

century. Hence, this

second world war

The Muslim jurist

precedence and the

as the first founder of

The first of these

been concerned with

be translated as, "

evidence, and signs,

major sins) in the

invoke not any other

whoever does this

Moreover, there are

who fight you, but

turned you out. And

The Noble Qur'an

then kill them.

Those who have

been pulled down.

Islam has given

those with whom

you should fear

and give you

Islam also has

Allah, and for

You one who will

not emigrate (to

and your enemy,

and say, don't

than having all