Three Views of Modern Islamic Scholars

1. Saving and taking
life in war
Three Modern Views
By Vincent Ogoti

2. Modern Scholars concentrate on jus ad
bellum:
• reinterpret grounds for jihad
• International humanitarian law
• Writing on jus in bello is limited/prohibited in some
oppressive states

3. Meet Abu al-
A’la Mawdudi
(1903-1979
Founded jama ‘at-I Islam
Wrote al-jihad fi al-Islam
(1926) and Published Quranic
Commentary, tafhim al-
Qur’an 1950-1973

4. Muhammad
hamidullah
Published The Muslim Conduct
of State 1941 – 42 in Journal
of Islamic Culture

5. Wahba al-
Zuhayli
(1932-2015)
Professor of Islamic
Jurisprudence (university of
Damascus)
Published Athar al-harb fi al-
fiqh al-Islam: dirasa muqarana
(1963)

6. Why the three?
• Adopt same methodology and substance in the study of the
theory of jihad
• Addresses prevailing international legal regime
• Similar conclusions on the ethics of killing and saving life
Exegeses of authoritative texts
Hamidullah – Sharia
Al-Zuhayla – Sharia
Mawdudi – Quran and Hadith

7. Views on Jus ad bellum

8. Mawdudi
• Do not slay the soul sanctified by God, except for just cause” 6: 151; 25:68)
Types of legitimate wars
1. Defensive
2. Reformative
Authorities
Qur’an:
1. Homicide – retaliation is justified
2. Opposing the preaching of Islam
3. Spreading disorder in the Domain of Islam

9. Cont.…
Hadith:
4. Adultery
5. Apostasy and rebellion against Muslim body politic

10. Hamidullah
Muslims “think of war only as unavoidable, not as desired or to
be sought after.” It is the exception to the normal state of
peace.
Categorizes permitted wars into
1. Defensive (includes preventive strikes)
2. Sympathetic
3. Punitive
4. Idealistic

11. Al-Zuhayli
War is a necessary aspect of human existence, one sanctioned
by the Qur’an for self-defense and preserving a just society.
Categorizes legitimate war into
• War against those block the preaching of Islam
• Defense against persecution (R2P)
• War to repel aggression against oneself and one’s country
Jihad goes beyond international law (to protect/within
national boundaries)

12. Views on jus in bello

13. Jus in bello
Combatants Noncombatants WMD Quarter (aman)
Give quarter to the
enemy Q: 90
Prisoners of war Necessity(darura)
Permit attacks if
military necessity
requires it regardless
of whether
noncombatants are
likely to die
Prohibits:
- Cruel killing e.g.
Burning alive,
torture, and
mutilation
- killing of
ambassadors
- taking hostages as
shields
- massacre following
surrender
- killing through
treachery and
perfidy
Mawdudi take part in fighting
e.g. adult males
All adult male may
be killed
lack mental and
physical capacity to
fight
Women, children, old
people, the sick,
wounded, the blind,
the insane, travelers,
hermits, religious
functionaries
Immunity
Did not address issue
WMD
Muslims obliged to
develop and acquire
all types of weapons
Q8:60
*How about killing all
adult males?
Prohibits killing of
the prisoners
To be freed or
ransomed
Hamidullah Women, children, old
people, the sick,
wounded, the blind,
the insane, travelers,
hermits, religious
functionaries,
peasants, traders,
merchants,
contractors
Immunity
Not addressed Not to be killed
Exceptions
-the order of the
imam (Muslim
interest
Al-Zuhayla Those who prepare
for battle e.g. soldiers
(officers and enlisted
men), head of state,
military leaders,
military medical
personnel etc.
Will be targeted
Women, children,
and those who do
ordinarily do not
take part in fighting.
Do not fight anyone
unless they fight you
WMD permissible
To be used as a last
resort and only in
retaliation
Prohibit the use of
poisons
Do not kill prisoners
Freedom or ransom
“Killing of prisoners
in Islam is closer to
being prohibited than
is to being
permitted...”