Chapter 5:

Soliders Without Portfolio
Irregular war
• A set of conflicts that appear to deny important
aspects of the just war and jihad traditions.
• Some exam...
Francis Lieber
• A German immigrant who
wrote a study of ethics.
• He was legal advisor to
the Union General
Halleck.
• Wr...
Francis Liber
• “Just war thinking attempts
to apply a noble sentiment
that men who take up arms
against one another in
pu...
Francis Lieber
• Believed that those
who fought irregular
war:
– Are a threat to tradition
of just and limited
warfare.
– ...
Francis Lieber
•
•

•
•

•

Just rebellion cannot be
oxymoron.
Believed that in times of long
deprivation there will be an...
Classical Perspectives
• Ali’s rule marked a
crucial point in Islam
history.
– Time of the first fitna,
“testing of Muslim...
Classical Perspectives
• Thrust in the Qur’an
implied that
distinctions in status
couldn’t be tied to
family, clan
relatio...
Irregular War in the Tradition of
Islam
• War should be an activity governed by
rules.
• Wars are intended for religious a...
Treatment of Muslim Rebels
• Stems from Ali’s comments and Practice.
• Rulers must respect that combatants are
Muslim and ...
Resorting to Violence Against Rebels More
Tightly Governed Than in the Case of Jihad
• Just Cause
• Action taken to initia...
Discussion Among Classical
Theorists
• Lieber: "Muslims who take up arms
against one another in public war do not
cease on...
“Just Rebellion” According to
Classical Jurists
• Set of criteria to distinguish uprisings.
1. Rebellions for the common g...
Approach to Irregular War
• May dislike leader and
disapprove of leader's
disobedience
• Remain obedient and fulfill
duty ...
Rebellion
• Almost never justified.
• Though there are harsh rulers the Muslim
community should never engage in active
ins...
Rebels
•

•

•
•

Must be an act of resistance to the
ruler or his designated
representatives.
– Ex: Refuse to pay taxes
T...
Rebels
• Rebels: status on a group actively
engaged in opposition to an established
Government
• Khaled Abou El Fadl: “The...
Rebels
• “Does this mean that the Rebels justify
their actions and excuse their decisions if
it means fighting for what th...
Jeopardy Game
http://www.superteachertools.com/jeopardy/
usergames/Nov201347/game1385353528.p
hp
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Chpt 5. Islam

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Islam presentation CHpt. 5

  1. 1. Chapter 5: Soliders Without Portfolio
  2. 2. Irregular war • A set of conflicts that appear to deny important aspects of the just war and jihad traditions. • Some examples: rebellions, revolutions and “people’s war”. • These challenge traditions that political authorities gave right to them. • “Soldiers without portfolio” present an important challenge for traditions that try to include moral concern.
  3. 3. Francis Lieber • A German immigrant who wrote a study of ethics. • He was legal advisor to the Union General Halleck. • Wrote General Orders No. 100. – Related just war tradition to modern conflict.
  4. 4. Francis Liber • “Just war thinking attempts to apply a noble sentiment that men who take up arms against one another in public war do not cease on that account to moral beings, responsible to one another and to God,” (78). • He believed that “public war” involved armed men who were authorized to use their weapons by political authority.
  5. 5. Francis Lieber • Believed that those who fought irregular war: – Are a threat to tradition of just and limited warfare. – Lack right authority. – Engage in nonconventional tactics like deception.
  6. 6. Francis Lieber • • • • • Just rebellion cannot be oxymoron. Believed that in times of long deprivation there will be an uprising. Citizens have a right to protect themselves and their property. “Guerillas” or “Freedom Fighters” are treated as soldiers. But changes in law don’t do away with morals of irregular war.
  7. 7. Classical Perspectives • Ali’s rule marked a crucial point in Islam history. – Time of the first fitna, “testing of Muslim’s fate”. – Muslim community was divided over who should be the leader.
  8. 8. Classical Perspectives • Thrust in the Qur’an implied that distinctions in status couldn’t be tied to family, clan relationships or wealth. • Islamic community was a new type of social organization
  9. 9. Irregular War in the Tradition of Islam • War should be an activity governed by rules. • Wars are intended for religious approved purposes. • They should limit the occasion and damage of war. • Notion that war is governed by rules is challenging.
  10. 10. Treatment of Muslim Rebels • Stems from Ali’s comments and Practice. • Rulers must respect that combatants are Muslim and must be treated as such. • Any taken as a prisoner of war must not be killed. • No rebel is to lose their property as a result of war.
  11. 11. Resorting to Violence Against Rebels More Tightly Governed Than in the Case of Jihad • Just Cause • Action taken to initiate attack necessary • Goal of Action • Reconcile differences with Muslim dissenters • Peace, not oppression or elimination • Reflection of Qur'an 49:910: suggest to peace, fight as a duty to Allah, above all else
  12. 12. Discussion Among Classical Theorists • Lieber: "Muslims who take up arms against one another in public war do not cease on that account to be members of a community, responsible to God and the example of the Prophet" (86).
  13. 13. “Just Rebellion” According to Classical Jurists • Set of criteria to distinguish uprisings. 1. Rebellions for the common good, demonstrated by Ali’s example. 2. Spreading of corruption in which rebels act as brigands. 3. Apostasy in which rebels act in ways of characteristic of treason.
  14. 14. Approach to Irregular War • May dislike leader and disapprove of leader's disobedience • Remain obedient and fulfill duty as a Muslim regardless unless asked to disobey • -"Fulfill the oath of allegiance to each and give them their due, for God will question them about what He asked them to guard" (88).
  15. 15. Rebellion • Almost never justified. • Though there are harsh rulers the Muslim community should never engage in active insurrection. • Should obey commands even if they are not liked. • The only time rebellion is justified is there is a disobedience to God.
  16. 16. Rebels • • • • Must be an act of resistance to the ruler or his designated representatives. – Ex: Refuse to pay taxes The rebel cause must be based on al-ta’wil (interpretation of Islam sources). – Ex: the Quar’an Demonstrate a sizable and organized membership. All three requirements must be met to be classify someone as a rebel.
  17. 17. Rebels • Rebels: status on a group actively engaged in opposition to an established Government • Khaled Abou El Fadl: “The bughat [Rebels] are not responsible for any destruction of property or life if such destruction occurs in the course of the rebellion”
  18. 18. Rebels • “Does this mean that the Rebels justify their actions and excuse their decisions if it means fighting for what they think is right and opposing their customs” • Thin line between justified rebellion and reason with anti-Muslim murals
  19. 19. Jeopardy Game http://www.superteachertools.com/jeopardy/ usergames/Nov201347/game1385353528.p hp

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