ISIS, Jihad, and Islamic Law

1. ISIS, Jihad, and Islamic Law

2. Jihad

3. Jihad in Islamic Law The purpose of armed jihad?

4. Rules of Warfare Example: noncombatant women and prepubescent children may not be exclusively targeted in combat. -Noncombatant men?

5. Rules of Warfare Rule: noncombatant women and prepubescent children may not be targeted in combat.

6. Rules of Warfare Rule: noncombatant women and prepubescent children may not be targeted in combat. -Noncombatant men?

7. ISIS

8. ISISLiteralists?“Honest”?

9. January 2017 issue of the ISIS online magazine Rumiyah

10. “Collateral Carnage”

11. “Collateral Carnage” • Presents a justification for terrorism against its enemies.

12. “Collateral Carnage” • Presents a justification for terrorism against its enemies. • Presents all enemy men as legitimate targets and all other civilians who may be harmed as “collateral casualties.”

13. “Collateral Carnage” • Justifications: • 1. The Prophet Muhammad used “catapults” at Ta’if.

14. “Collateral Carnage” • Justifications: • 1. The Prophet Muhammad used “catapults” at Ta’if. • 2. One of the Prophet’s companions asked him whether it would be permissible to attack an enemy force at night, as such an attack could lead to collateral casualties. The Prophet indicated that this would be permissible. (Sahih al-Bukhari and Sahih Muslim)

15. “Collateral Carnage” “The best practice when conducting raids is to start during the night or at the break of dawn, before the sun rises, while the enemy is asleep…[and] no light shines and an adult male is not easily distinguishable from women and children.”

16. “Collateral Carnage” “The best practice when conducting raids is to start during the night or at the break of dawn, before the sun rises, while the enemy is asleep…[and] no light shines and an adult male is not easily distinguishable from women and children.” The example of God: God destroyed the wicked while they were sleeping (Qur’an 7:4)

17. “Collateral Carnage” • Conclusion: “one should not avoid targeting gatherings of the kuffar [unbelievers] – whether military or civilian – in which kafir [unbelieving] women and children outnumber the kafir [unbelieving] men.”

18. “Collateral Carnage” • Conclusion: “one should not avoid targeting gatherings of the kuffar [unbelievers] – whether military or civilian – in which kafir [unbelieving] women and children outnumber the kafir [unbelieving] men.” • Advocates the use of “missiles and explosives.”

19. Muslim Juristic Responses to ISISThe Open Letter to Al-BaghdadiThe Saudi Grand Mufti Abdulaziz al-Shaykh: ISIS and al-Qaeda are “enemy number one of Islam.”The Grand Imam of al-Azhar Ahmed El-Tayeb: ISIS militants are operating “under the guise of this holy religion,” while exporting “their false Islam.”December 2015 fatwa issued by 70,000 Sunni scholars from the Indian Barelvi movement: ISIS, al-Qaeda, and the Taliban are “not Islamic organizations,” and, significantly, their members are “not Muslims.”

20. Muslim Juristic Responses to ISISThe Open Letter to Al-BaghdadiThe Saudi Grand Mufti Abdulaziz al-Shaykh: ISIS and al-Qaeda are “enemy number one of Islam.”The Grand Imam of al-Azhar Ahmed El-Tayeb: ISIS militants are operating “under the guise of this holy religion,” while exporting “their false Islam.”December 2015 fatwa issued by 70,000 Sunni scholars from the Indian Barelvi movement: ISIS, al-Qaeda, and the Taliban are “not Islamic organizations,” and, significantly, their members are “not Muslims.”

21. Revisiting“Collateral Carnage”

22. Revisiting“Collateral Carnage” • Assumes a state of war between ISIS and various nations

23. Revisiting“Collateral Carnage” • Assumes a state of war between ISIS and various nations • Legitimacy of ISIS?

24. Revisiting“Collateral Carnage” • Presents all enemy men as legitimate targets.

25. Revisiting“Collateral Carnage” • Presents all enemy men as legitimate targets. • Runs counter to various statements attributed to the Prophet Muhammad.

26. Revisiting“Collateral Carnage” • Presents all enemy men as legitimate targets. • Runs counter to various statements attributed to the Prophet Muhammad. • Runs counter to other issues of Rumiyah (e.g. May 2017)!

27. Revisiting“Collateral Carnage” • Presents all other civilians who may be harmed as “collateral casualties.”

28. Revisiting“Collateral Carnage” • Justifications: • 1. The Prophet Muhammad used “catapults” at Ta’if.

29. Revisiting“Collateral Carnage” • Justifications: • 1. The Prophet Muhammad used “catapults” at Ta’if. • Prophetic biographies: Muhammad attempted to use a mangonel once in a failed attempt to breach a wall guarded by combatants.

30. Revisiting“Collateral Carnage” • Justifications: • 1. The Prophet Muhammad used “catapults” at Ta’if. • Prophetic biographies: Muhammad attempted to use a mangonel once in a failed attempt to breach a wall guarded by combatants. • By the way: Stones vs. Fire

31. Revisiting“Collateral Carnage” • Justifications: • 2. One of the Prophet’s companions asked him whether it would be permissible to attack an enemy force at night, as such an attack could lead to collateral casualties. The Prophet indicated that this would be permissible.

32. Revisiting“Collateral Carnage” • Justifications: • 2. Best to attack at night, while people are sleeping and there’s no light  the example of God.

33. Revisiting“Collateral Carnage” • Justifications: • 2. Best to attack at night, while people are sleeping and there’s no light  the example of God. • The example of Muhammad?

34. Revisiting“Collateral Carnage” • Justifications: • 2. Best to attack at night, while people are sleeping and there’s no light  the example of God. • The example of Muhammad? “Whenever the Prophet reached a people by night, he never started an attack until it was morning.” (Sahih al-Bukhari)

35. Revisiting“Collateral Carnage” • Advocates the use of “missiles and explosives” on civilian targets.

36. Revisiting“Collateral Carnage” • Advocates the use of “missiles and explosives” on civilian targets. • ISIS killings of noncombatants are far more intentional than what is permitted in early Islamic sources. • The claim that such killings are “collateral” is disingenuous.

37. Closing Thoughts

38. Closing Thoughts • Like many other Muslims, the leadership of ISIS uses early Islamic texts to justify their actions.

39. Closing Thoughts (cont.) • But the justifications put forward by ISIS for terrorism require the abandonment of both strict literalism and the prevailing interpretations of Islamic law (past and present).

40. ISISLiteralists?“Honest”?

41. Closing Thoughts (cont.) • Bernard Lewis

42. Closing Thoughts (cont.) • Bernard Lewis: “The emergence of the by now widespread terrorism practice of suicide bombing…is a development of the 20th century. It has no antecedents in Islamic history, and no justification in terms of Islamic theology, law, or tradition. It is a pity that those who practice this form of terrorism are not better acquainted with their own religion, and with the culture that grew up under the auspices of that religion.” (Lewis and Churchill, Islam, 153)

43. Closing Thoughts (cont.) • As a point of contrast, consider the example of Muhammad Afifi al-Akiti:

44. Closing Thoughts (cont.) • As a point of contrast, consider the example of Muhammad Afifi al-Akiti: • cautions against losing “hope in Allah” when “the military option is not a legal one.”

45. Closing Thoughts (cont.) • As a point of contrast, consider the example of Muhammad Afifi al-Akiti: • cautions against losing “hope in Allah” when “the military option is not a legal one.” • “The best jihad is a true word in the face of a tyrannical ruler.”

46. Closing Thoughts (cont.) • As a point of contrast, consider the example of Muhammad Afifi al-Akiti: • cautions against losing “hope in Allah” when “the military option is not a legal one.” • “The best jihad is a true word in the face of a tyrannical ruler.” • al-Akiti adds: “it is possible still, and especially today, to fight injustice” through other forms of jihad: “through your tongue and your words and through the pen and the courts.”

47. Questions?