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 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.

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.

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.

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.

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.

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.

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

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.

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.

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 49:9-

10: suggest to peace, fight as a duty to Allah, above all else

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).

“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.

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).

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.

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.

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”

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

Jeopardy Game

http://www.superteachertools.com/jeopardy/usergames/Nov201347/game1385353528.php