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The theory of war in Islam

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 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).

Civil War Prisoner of War

                                                                   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- (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)

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:

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 Conference in Washington held in 1945(A.C).

5-  The Rights/Laws division in the international assembly for comparative law

in 1951 in Paris.

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 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.

 D- Representation of Islamic law in International Law and in International Court of Justice.

In the Comparative Law Conference of The Hague in(1932), 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 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 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 dependency and responsibility of non-discrimination.  All these theories basically are from the Islamic law, but they lack only drafting and construction".

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 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 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 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 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 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 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 diminishing wars' severity from the seventh century to the 13th century (A.C).  Therefore, the Islamic law is earlier than those analogous lawful principles and thoughts which started their actual effect during the barbarism that prevailed in the European international life during the 13th century.  Hence, this emphasizes the impact of Islamic rules over the European international law).

                                         second world war prisoners

The Muslim jurist Muhammad Ibnul-Hassan Ashaibani was a proof of the  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 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.

Scholars of Islamic law elaborated(5)  in writing  about the  international humanitarian laws  mentioned in  the Holy Quran , prophet Mohummed biography  .

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 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 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 - 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, 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 major sins) in the land!"  (TMQ, 5:38).

In another ayah (8), Allah mentions some qualities of His righteous slaves as He says in Surat al-Furqan what could be translated ( The statue book) what can be translated as : "And those who 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 whoever does this shall receive the punishment. (TMQ, 25:68).

Moreover, there are many Prophetical Ahadith where the Prophet (SAWS) (9)calls believers to respect and to protect the humanitarian life.  So he (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 sphere of his religion unless he kills somebody unlawfully".

Fighting in Islam was legitimated basically to prevent transgression, Allah says in Surat al-Baqarah (The Cow) 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 transgressors.. And kill them wherever you find them, and turn them out from where they have turned you out. And Al-Fitnah(polytheism) is worse than killing." (TMQ, 1:190,191).

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 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 transgressors.. And kill them wherever you find them, and turn them out from where they have turned you out. And Al-Fitnah(polytheism) is worse than killing. And fight not with them at Al-Masjid-Al-Harâm (the sanctuary at Makkah), unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers.".  (TMQ, 1: 190-194).Islam gave the permission of war to ward off aggression against Muslims, So Allah says in Surat Al-hajj (The Pilgrimage) what can be translated as : " Permission to fight (against 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. 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 by means of another, monasteries, churches, synagogues, and mosques, wherein the Name of Allah is mentioned much would surely have been pulled down. Verily, Allah will help those who help His (Cause). Truly, Allah is All-Strong, All-Mighty."  (TMQ,22:39,40).  Also in Surat an-Nahl (The Bee) Allah(T) (10) says what can be translated as: "  And if you punish (your 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 is better for As-Sâbirûn (the patient).  (TMQ,16: 126).

Islam has given Muslims the permission to fight against treacherous and those who broke the treaties of Conventions that were made between Islamic countries and other countries. Regarding this, Allah says in Surat Al-Anfal (Spoils of war) what can be translated as, "Verily, The worst of moving (living) creatures before Allah are those who disbelieve. So they shall not believe. They are 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 mastery over them in war, punish them severely in order to disperse those who are behind them, so that they may learn a lesson"  (TMQ,8 :55,58).

Allah(T) says in Surat At-Taubah (Ultimatum) what can be translated as, "With regard to a believer, they respect not the ties, either of kinship or of covenant! It is they who are the transgressors. But if they repent, perform As-Salât, (Iqâmat-as-Salât) and give Zakât, then they are your brethren in religion. (In this way) We explain the Ayât (proofs, evidence, verses, lessons, signs, revelations, etc.) in detail for a people who know.  But if they violate their oaths after their covenant, and attack your religion with disapproval and criticism, then fight (you) the leaders of disbelief (chiefs of Quraish pagans of Makkah) - for surely their oaths are nothing to them - so that they may stop (evil actions). Will you not fight a people who have violated their oaths (pagans of Makkah), and intended to expel the Messenger while they did attack you first? Do you fear them? Allah has more right that you should fear Him if you are believers. Fight against them so that Allah will punish them by your hands and disgrace them and give you victory over them and heal the breasts of a believing people."  (TMQ,9:10,14).

Islam also has permitted war for the sake of saving and upholding  the oppressed people.  Allah says in Surat al-Nisaa (Women) what can be translated as, "And what is wrong with you that you fight not in the Cause of Allah, and for those weak, ill-treated and oppressed among men, women, and children, whose cry is: "Our Lord! Rescue us from this town whose people are oppressors; and raise for us from You one who will protect, and raise for us from You one who will help." (TMQ,4:75) , and He says in Surat al-Anfal what can be translated as, "Verily, those who believed, and emigrated and strove hard and fought with their property and their lives in the Cause of 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 not emigrate (to you O Muhammad), you owe no duty of protection to them until they emigrate; but if they seek your 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 All-Seer of what you do. And those who disbelieve are allies of one another, (and) if you (Muslims of the whole world collectively) do not do so [i.e. become allies, as one united block under one Khalifa (a chief Muslim ruler for the whole Muslim world) to make victorious Allah's religion of Islamic Monotheism], there will be Fitnah (wars, battles, polytheism) and oppression on the earth, and a great mischief and corruption (appearance of polytheism)."  (TMQ,8:72,73).

Hence, Islam commanded his adherents  to be alert and not to be oppressive.  Consequently, Islam commanded them to make a strong army  equipped with all the possible means of armament , so Allah says in Surat al-Anfal what can be translated as, "And make ready against them all you can of power, including steeds of war (tanks, planes, missiles, artillery) to threaten the enemy of Allah and your enemy, and others besides whom, you may not know but whom Allah does know. And whatever you shall spend in the Cause of Allah shall be repaid unto you, and you shall not be treated unjustly."  (TMQ,8:60).

Furthermore, In two prophetical Hadiths , Prophet (SAWS) gave  advice to both Ali Ibn-Abu-Taleb and Mu'adh Ibn-Jabal in two different battles saying, "Don't fight them until you invite them to Islam.  if they refuse, don't begin fighting until they kill one from you.  Then, show them this killed Muslim and say, don't you accept what is much better than fighting ?!! it is to testify that there is no god but Allah (faith confession in Islam ) because, if Allah guides one man on your hands, this will be better than having all what on the whole earth".

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

  

 

       

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

Islam was the first religion that discriminated between warriors and civilians, the issue that the West is proud of implementing iton papers only but not in reality.  while he " the west" codifies this issue after stealing it from Islamic thoughts.

In all his battles, the Prophet (SAWS) advised the army leaders and said, "Go ahead in the name of Allah, and by the blessing of his Messenger. Don't kill an old man, or a child, or a young person or a woman. Don't betray.  Act in the Right way, and do good, truly Allah loves the good-doers". And He (SAWS) forbade also mutilating dead bodies as he said: " I warn you of mutilating the killed, even if it was a slaughter dog".  He (SAWS) said also: " Don't kill women, or children, or those who are in the monasteries."

When the Prophet (SAWS) saw a woman killed in the battlefield, he denounced that saying "She can't have been fighting ,nor was she supposed to be fighting ". Verily, Honest WHO dubbed you Raouf (kind)  and Rahim (merciful), peace and blessings be upon you.

Also Abu-Bakr Al Siddiq (the verifier ), the 1st caliph to Muslims advised the first military expedition's leader in his era, Osama Bin Zaid saying: "Don't betray.  Don't take illegally a part of booty.  Don't mutilate  the dead bodies. Don't kill a child, or an old man, or a woman.  Do not cut down or burn palm trees and don't cut down a fruity tree. Don't slaughter a sheep, or a cow or a camel except for food.  You will find on your way people who claim to have totally given themselves to Allah. Leave them to what they claim to have given themselves).

In his advice to his army leader headed for al-sham (The Levant), Abu-Bakr said to Abu-Bakr Yazed Ibn-Abu-Sufyan adding to what was said before "  And never fight a wounded man, because a part of him is not his(likening the wounded part to the dead which is not to be put to torture at your hands ) .  Speak a little as it suffices you what people have understood from you   Accept people 's  public deeds and entrust their secrets to Allah. Don't confine your soldiers, lest you should disgrace  them ; don't neglect them, because you may spoil them.  I place you in the trust of Allah, whose trust is never misplaced."

In addition, The Caliph Omar Ibnul-Khattab has advised his leader of the army saying: " Go In the name of Allah, and with His help.  Go with Allah's support. You'll have victory by staying in the battle and being patient.  Fight and transgress not the limits, truly Allah likes not the transgressors.  Don't be coward when meeting the enemy.  Never mutilate when you've the ability to do so.  Don't exceed the limits in the matter of taking life when you're the winners.  Don't kill an old man, or a woman, or a child and avoid killing them as much as possible and when the heat of the battle grows and becomes fiercer , make your fight only for the sake of God not for vainglory of this life ,then rejoice in the bargain which ye have concluded: that is the achievement supreme 

These Commandments in Jihad (war) ethics are more exalted, more perfect, more righteous, and more gracious than all what human's legislation contains.  Hence, it's more higher than what the rules of modern international law in general reached and international humanitarian law in particular, not even the hopes of scholars and writers reached that standard . (Ali Mansur, the previous, Al-305).

There's a great difference between Islam's ethics in war and what is happening in Palestine for more than half a century, Afghanistan, Iraq, and Chechnya. In the name of  what they destruct houses over the heads of their residents ,be it  old men, children, or women?.  It's in the name of democracy and reform? Curse of Allah over them all( democracy and reform) and all those who call for them.

Let Arab marines and hypocrites read those commandments to realize that, they sold the Hereafter for a cheap false world.  The world that is not equal a mosquito's wing.  Let Muslims' jurists in the international law raise their heads very high and say to the West and its jurists: "this is our religion which speaks the truth since more than fourteen centuries. The religion that legislate, formulate, and implement what you didn't reach in the century of Human rights and civilization.

The Prophet (SAWS) has forbidden  burning people alive  with fire.  He said, " The Lord of fire is the only One Who can punish by fire." narrated by Abu-Dawud and al-Dârimî.

Moreover, Islam has put a clear way in dealing with prisoners of war.  This way has the essence of honor,  preserve the dignity of the prisoner, and the maintenance of his life.  In Qur'an there's many ayas that exhort us to honor war prisoners.  In Surat Al-Baqarah, Allah (T) says what can be translated as,  "After this, it is you who kill one another and drive out a party of you from their homes, assist (their enemies) against them, in sin and transgression. And if they come to you as captives, you ransom them, although their expulsion was forbidden to you. Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do."  (TMQ, 2:85).

Also in Surat Al-Anfal, Allah says what can be translated as, "It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land. You desire the good of this world (i.e. the money of ransom for freeing the captives), but Allah desires (for you) the Hereafter. And Allah is All-Mighty, All-Wise. Were it not a previous ordainment from Allah, a severe torment would have touched you for what you took."(TMQ, 8:67,68).  And in the same Surah Allah says, "O Prophet (Muhammad) Say to the captives that are in your hands! "If Allah knows any good in your hearts, He will give you something better than what has been taken from you, and He will forgive you, and Allah is Oft-Forgiving, Most Merciful."  (TMQ, 8:70,71).

Also in Surat Muhammad, Allah says what can be translated as, "So, when you meet (in fight - Jihad in Allah's Cause) those who disbelieve, smite (their) necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives). Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islam), until the war lays down its burden. Thus [you are ordered by Allah to continue in carrying out Jihad against the disbelievers till they embrace Islam and are saved from the punishment in the Hell-fire or at least come under your protection], but if it had been Allah's Will, He Himself could certainly have punished them (without you). But (He lets you fight) in order to test some of you with others. But those who are killed in the Way of Allah, He will never let their deeds be lost."  (TMQ, 47:4).

In Surat Al-Insan (The Human), Allah says what can be translated as, "And they give food, inspite of their love for it (or for the love of Him), to the Miskîn (the poor), the orphan, and the captive"(TMQ,76:8).  And in Surat Al-Balad (The city), Allah says what can be translated as, "And what will make you know the path that is steep? (It is) freeing a neck (slave)."(TMQ,90:12,13).

On the other hand, if we look to the Sunnah of the Messenger of Allah (SAWS) either what the Prophet said or did or agreed to during his life, we'll find it very much and need volumes but we'll refer only to the most important of it.  As he(SAWS) said  : " Fear God regarding prisoners of war"/ " Take care of prisoners of war" narrated by al-Tabarani in Al-Mu'jam As-Saghir." (part 1,250).

The messenger of Allah (SAWS) has forbidden harming or doing any injustice to prisoners of war as the Hadith says , "on the authority of  Shihab as he said," Accompanied by a prisoners of wars , Abo-Baker once passed by Sohib while he was sitting in the mosque , on seeing him , Sohib said " who is this with you ? " "He is a prisoner of war ; I am going to ask the prophet's protection for him " replied Abo-Baker . " there seem to be what could be the effect of a sword in his neck !!" Said Sohib ; Abo-Bakr got angry as a result and headed to the prophet ; on seeing him as so , prophet Mohummed said " why are you angry ?"  " I passed with my prisoner by Sohib ,who said he saw the sign of a sword in my prisoner's neck " prophet Mohummed said " Mind you didn't cause him any harm !!" Abo Bakr said " I swear by God , I didn't ."  If you had harmed him . you would have disobeyed and displeased God and His messenger ." prophet Mohummed said .

( Narrated in the Al-Tabarany collection , volume " 8", page 36)

Theory of Islam regarding prisoners of war can be summarized in three elements:

1.Good treatment until deciding their fate.

2.Generosity or  freeing them or ransom for those we think that they have any good in their hearts.

3.Killing war criminals.

Look to the difference between that and what's happening in the prison of Gwantanamo and Abu-Ghraib, in Palestine, in Iraq, and in Chechnya! Also look to what's happening in some other countries prisons. Tell me, where are Human Rights in that!!?.

In Islam even the killed persons  have rights. In battles, the unbelievers corpse must be buried and   never be let in streets until animals eat them, as we saw in Iraq and Afghanistan now .

This is just a few of the many and a drop of water in the Islam's wide ocean of generosity . I mention this to distinguish between the right path and the wrong one, the Truth and the falsehood, and the difference between our civilization and their civilization.Also to make those who have brain and heart to understand.

The theory of war in the Contemporary International Law:

Contemporary International law has came too late in implementing those rules that came in Islamic law.  Yet, in the last century it (C.I.L) began to follow those rules but after the Humanity had tasted the bitterness of wars, where millions of people were killed and houses, cities, and many countries were destroyed over their residents' heads in the name of civilization. In addition, the west perpetrated all kinds of deficiencies even after putting rules for war at the four Conventions of Geneva in 1949.  Also, the two protocols that were added to them in 1977 still ink on paper.

First Geneva Convention : For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

Second Geneva Convention : For Amelioration of the state of wounded people, patients, and drowned people of the Armed Forces in seas.

Third Geneva Convention: Relative to the Treatment of Prisoners of War.

Fourth Geneva Convention: Relative to the Protection of Civilian Persons in the Time of War.

Protocol I:  Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts for the year of 1977.

Protocol II: Protocol Additional to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts for the year of 1977.

Nevertheless, all these conventions proved their weakness and failure, as well as they were not applied by countries especially because they are consensual which means that, they are adhered to the will of the parties and only the signatories must adhere to them, and even those are not obliged to respect these conventions, in the absence of authority that monitors the application of rules and provisions of the international law, which is completely different  in the application of the internal law.

In addition, the controls that are included in these conventions and in the other rules and provisions of the international humanitarian law did not reach the degree nor the superiority that the Islamic law has reached for more than fourteen centuries ago.  Besides, all Muslims successors, leaders and soldiers are adhered to the rules of Islam.  For example, Caliph Omar Ibnul-Khattab freed the Commander of his armies of the army leadership - in spite of the numerous great victories he had achieved- and said, "the sword of Khalid has a hurry in killing," which means that the reason of his absolving  is the large number of killings, in spite of the numerous triumphs. ( Abu Zahra, the rights of prisoners of war in Islam, Cairo, 2005)

Moreover, the positive international law took a very long time until it reached some of the high principles of Islam which Islam has reached for many centuries ago.  The International law didn't apply those controls it reached to in the twentieth century on all armed conflicts, instead it moved from the theory of war, which required specific conditions in order to apply the international law on these wars.  And these conditions are represented in: the official declaration of war from the side of the countries, these wars should be between countries that are recognized by the international law and the war must be waged by the country's prince .  The war that miss any of these conditions, accordingly it goes out from the scope of the international law and doesn't subject to its provisions and rules, which made these wars are more violent than other wars.

Positive international law has moved from that theory mentioned above  to the theory of armed conflict, which took into consideration having an armed conflict which is free of the previous conditions, but it was enough if this armed conflict was between two countries or even within a single country.  And using this theory stayed many centuries costing the humanity millions of dead and wounded people in addition to the devastation and destruction it suffered from, (d/Zakarya Hussein Azmi, from the theory of war to the theory of the armed conflict, study in the protection of civilians in armed conflicts, Ph.D., Faculty of Law, Cairo  University, 1978).  Every thing was permissible in war because there was no respect to the simplest rules applicable in war, in addition the international law has permitted the use of all means that can end and destroy the enemy and put nothing but very few restraints  which had not been respected by countries.

Moreover, the internal armed conflicts that have no international characteristics weren't subjected to  the organizing and the putting of controls on the part of    the international law until the 20th century, and even these controls did not reach to the controls which are  in the Islamic Law. (Dr/Roqaya owashryah, protection of civilians in the armed conflict that hasn't an international characteristic, Ph.D., Law faculty, Ain Shams university, 2002).

Contemporary international law doesn't outspokenly forbid war except in the Charter of the United Nations in the article (2/4) which stipulates that, "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations".

Modern international law reach to the defensive war approved by Islam only through the United Nations' Charter in the article (51), which stipulates that,

"Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken the  measures necessary to maintain the international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security".

On the other hand, the collective war ( the lawful collective defense) against the aggressor, which was unknown to the international law and knew it only through the Charter of the United Nations which  dedicated to in its  articles, especially Article (51) Chapter VII of the Charter.  Where Islamic law has known this system " lawful collective defense" for more than fourteen centuries ago that resulted in  billions of dead, as well as the destruction and devastation.  In the Noble ayah Allah says what can be translated as, "And if two parties or groups among the believers fall to fighting, then make peace between them both, but if one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the Command of Allah" (TMQ:49,9).  If we consider this ayah, we'll find that fight command comes in the formula of plural (fight you (all)), which means that the call here to all the believers.  As it's a Collective duty (11) if some persons perform it, it will be sufficient, or equivalent to all (when )having performed it and not an individual duty.(12)

According to  all what we mentioned before, it becomes clear that Islamic law has many Scientific Miracles and legislative progress concerning the drafting.  By law language, Islamic Law distinguished between Positive Law in both form (actions), and subject (content).  Those lawful basics that came in the Modern International Law is not comprehensive concerning content and actions, where the legislative basics that came in the Islamic Law in the Noble Qur'an, in the Sunnah of the prophet's (SAWS), Rightly Guided Caliphs after Him, and all Muslim's Governors who charged with authority over years  are    -that refutes the allegations spread in the West that Islam is a religion of terrorism.

(for further information , review "the general theory of military alliances, Dar Aitarak for printing, publishing and distribution, Cairo, Part I, 2005, PhD, Faculty of Law, Zagazig University, 2005, Part I).

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{1} Allah : The word Allah is the Arabic term for God. Although the use of the word "Allah" is most often associated with Islam, it is not used exclusively by Muslims; Arab Christians and Arabic-speaking Jews also use it to refer to the One God. The Arabic word expresses the unique characteristics of the One God more precisely than the English term. Whereas the word "Allah" has no plural form in Arabic, the English form does, and the word 'Allah' in Arabic has no connotation of gender. Allah is  " God worshipped by all Prophets, from Adam to Noah, Abraham, Moses, Jesus and Muhammad.

{2} SWT = Subhanahu wa Ta'ala  [Glorified and Exalted Be He].

{3} TMQ = Translation of the Meaning of the Qur'an.  This translation is for the realized meaning, so far, of the stated (Surah:Ayah) of the Qur'an.  Reading the translated meaning of the Qur'an can never replace reading it in Arabic, the language in which it was revealed.

{4} A.C = After Christ.

{5} jihad = Any earnest striving in the way of Allah, involving personal, physical, intellectual or military effort, for righteousness and against wrong-doing. “Lesser Jihad”: fighting to protect Islam from attack or oppression. In such fighting, no woman, child or innocent civilian is to be harmed, and no tree is to be cut down. “Greater Jihad”: internal struggle for the soul (nafs) against evil and temptation.

{6}  Ahadith = The Prophet’s actual sayings or actions as narrated by his companions.

{7} Surah = A chapter; the Qur’an is comprised of 114 surahs.

{8} ayah = A verse in the Qur'an.

{9} SAWS = Salla Allah alayhe Wa Salam [All Prayers and Blessings of Allah be upon him].

{10} T = Ta`ala [Exalted be He].

{11} Collective duty = A command which is imperative upon all Muslims, but if some persons perform it, it will be sufficient, or equivalent to all having performed it.

{12} Individual duty =An injunction or ordinance, the obligation of which extends to every Muslim.