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The Layha for the Mujahideen: an Analysis of the Code of Conduct for the Taliban Fighters Under Islamic Law
Volume 93 Number 881 March 2011 The Layha for the Mujahideen:an analysis of the code of conduct for the Taliban fighters under Islamic law Muhammad Munir* Dr.Muhammad Munir is Associate Professor and Chairman,Department of Law, Faculty of Shari‘a and Law, International Islamic University, Islamabad. Abstract The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen** to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic law and international humanitarian law. The author argues that many of the Taliban rules have only a limited basis in, or are wrongly attributed to, Islamic law. * The help of Andrew Bartles-Smith, Prof. Brady Coleman, Major Nasir Jalil (retired), Ahmad Khalid, and Dr. Marty Khan is acknowledged. The quotations from the Qur’an in this work are taken, unless otherwise indicated, from the English translation by Muhammad Asad, The Message of the Qur’an, Dar Al-Andalus, Redwood Books, Trowbridge, Wiltshire, 1984, reprinted 1997. ** The full text of the Layha is reproduced as an annex at the end of this article. doi:10.1017/S1816383111000075 81 M. Munir – The Layha for the Mujahideen: an analysis of the code of conduct for the Taliban fighters under Islamic law Do the Taliban qualify as a ‘non-state armed group’? Since this article deals with the Layha,1 it is important to know whether the Taliban in Afghanistan, as a fighting group, qualify as a ‘non-state Islamic actor’. -
Information to Users
INFORMATION TO USERS This manuscript has been reproduced firom the microfilm master. UMT films the text directly fi’om the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter 6ce, while others may be fi’om any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing fi’om left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI A Bell & Ifowell Information Company 300 North Zeeb Road, Ann Arbor MI 48106-1346 USA 313/761-4700 800/521-0600 THE EMERGENCE AND DEVELOPMENT OF ARABIC RHETORICAL THEORY. 500 C £.-1400 CE. DISSERTATION Presented m Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Graduate School of The Ohio State University By Khaiid Alhelwah, M.A. -
The Suicide Bomber As Sunni-Shi'i Hybrid
The Suicide Bomber as Sunni-Shi‘i Hybrid by Benjamin T. Acosta eginning with the 1979 Shi‘i Iranian revolution and the subsequent success of the Sunni mujahideen’s resistance to the Soviets in the 1980s, acts of violence Bcommitted in the name of Islam have risen sharply. Increasingly, the role of martyrdom has taken a central position in violent campaigns conducted by Islamic groups. The suicide bomber has become the ideal of Islamic martyrdom, simultaneously appall- ing Western audiences and captivating Islamic ones. What seems to have gone unno- ticed, however, is how the concept of Islamic martyrdom has undergone a transforma- tion that blends and synthesizes notions that were once limited to one or the other of the main Muslim sects. In order to better address the challenge of Islamic violence, it is necessary to examine both the Islamic world’s attachment to such behavior and to un- derstand better how the role of the martyr has changed with the times. the martyr. Shahada, often translated as “mar- EVOLVING ISLAMIC tyrdom,” literally stands for the act of “witness- MARTYRDOM ing,” and depending on context, it can mean the “confession of one’s submission to God” or Martyrdom in Islamic history has taken on “death for God’s sake.” Istishhad literally refers a variety of shapes and relied on numerous con- to the act of martyrdom. Shahada then refers to texts for justification and implementation. Over incidental death during jihad (i.e., a soldier fall- the last century, new strains of martyrdom have ing in battle) whereas istishhad indicates delib- moved across the umma (the global Islamic com- erate death during jihad. -
A Study of an Unknown Primary Document on the Fall of Abbasid Baghdad to the Mongols (Written by the Defeated Side)
7 VOL. 2, NO. 2, DECEMBER 2017: 7-27 A STUDY OF AN UNKNOWN PRIMARY DOCUMENT ON THE FALL OF ABBASID BAGHDAD TO THE MONGOLS (WRITTEN BY THE DEFEATED SIDE) By ALI BAHRANI POUR* The present study aims to do a documental study of the Mongol invasion and the fall of Baghdad (the capital of the Abbasid Caliphate) in 1258 CE. It is a case study on a document and two comments on it, which were originally recovered from the burial shroud of a person killed during Hülegü’s conquest of Baghdad. This docu- ment was later inserted by someone (possibly by one of its two commentators) in a section of a primary manuscript of Kitab al-Wara’a (written in 1147 CE). Then Os̤ man ibn Ġānim al-Hiti and Ṭahir ibn ‘Abd-Allāh ibn Ibrahim ibn Aḥmad, as commentators, wrote their comments about the document. Although these docu- ments are in the form of fragmentary notes, they are rare primary sources that depict the events and the conditions of the siege, the conquest of Baghdad and the collapse of Abbasid Caliphate. This article, while providing images, revised texts, and translations1 of the documents, aims to introduce them and to explore the civil factors contributing to the fall of Baghdad. Keywords: the fall of Baghdad, the Mongols, the Abbasid Caliphate * ALI BBAHRANI POUR is an associate professor at Shahid Chamran University of Ahvaz. 1 I should thank my cousin Mr. Javad Bahrani-pour for his help in translating the document and Mokhtaral-din Ahmad’s article on that into Persian. -
Martyrdom in Christianity and Islam Martyrdom 1Fl Christianity and Islam
33 MartyrdomMartyrdom 1fl in ChristianityChristianity andand Islam MAHMOUDMAHMOTJD M. M. AYOUBAYOUB nneue ofof methe most important marks of a person's faith faith oror commitmentcommitment toto OV a religiousa religious ideology ideology i.sis hishis readinessreadiness to to defenddefend thatthat faithfaith with life itself ifif necessary. Examples Examples of of such such heroic heroic sacrifice sacrifice or or martyrdom martyrdom abound abound in in bornboth ancientancient and contemporary society.society, InIn ancientancient times, the heroicheroic indifference of suchsuch menmen asas thethe StoicStoic philosopher, philosopher, Epktetus, Epictetus, to to torrure torture and and death death inin thethe affirmation of aa noblenoble idealideal earnedearned them the honor of martyrs; their example and ideal of total indifference to passionspassions and worldlyworldly life provided a model for earlyearly ChristianChristian martyrs. InIn ourour own time,time, such menmen as Che Guaverra andand his legendary comrade Tanya havehave beenbeen regardedregarded asas martyrsmartyrs andand even saints by somesome CatholicCatholic leftistleftist priests.priests. MartyrdomMartyrdom hashas beenbeen oneone of the most power-power ful instruments in thethe establishmentestablishment andand propagationpropagation ofof a a faithfaith oror ideology,ideology, and hencehence ofof aa newnew socialsocial order. In thisthis essay wewe shallshall examineexamine thethe philosophyphilosophy of of martyrdom martyrdom andand the role of martyrs inin Christianity -
Al-Sahab Releases New Abu Yahya Al-Libi Speech on Occasion of Id Al-Fitr 2008 October 30, 2008
Al-Sahab Releases New Abu Yahya al-Libi Speech on Occasion of Id al-Fitr 2008 October 30, 2008 [Please note: Images may have been removed from this document. Page numbers have been added.] Terrorism : Al-Sahab Releases New Abu Yahya Al-Libi Speech on Occasion of Id al-Fitr 2008 On 28 October, a forum participant posted to a jihadist website a statement issued by the Al-Sahab Media Production Organization, the media arm of the Al-Qa'ida Organization, entitled "New: Al- Sahab Presents: The Id al-Fitr Speech for 1429 by the Eminent Shaykh Abu Yahya al-Libi." The statement contained the banner advertising Al-Libi's most recent speech and numerous links to the video file. The Al-Sahab video itself is 44 minutes and 41 seconds long and in it, Al-Libi offers encouragement and incitement for all mujahidin to remain steadfast and not veer off the "path of righteousness." He urges them to continue on the path of jihad but does not refer to specific individuals except for the Egyptian president, whom he strongly rebukes for not coming to the aid of the Palestinians. Toward the end, he prays for the downfall of all those who fight against Islam, specifically the US, the coalition allies, and US President Bush, and calls upon God to humiliate him and destroy him. A translation of the speech follows: "'All that they said was: 'Our Lord! Forgive us our sins and anything We may have done that transgressed our duty: Establish our feet firmly, and help us against those that resist Faith" (Koranic verse; Al-Imran 3:147). -
Stories of the Prophets
Stories of the Prophets Written by Al-Imam ibn Kathir Translated by Muhammad Mustapha Geme’ah, Al-Azhar Stories of the Prophets Al-Imam ibn Kathir Contents 1. Prophet Adam 2. Prophet Idris (Enoch) 3. Prophet Nuh (Noah) 4. Prophet Hud 5. Prophet Salih 6. Prophet Ibrahim (Abraham) 7. Prophet Isma'il (Ishmael) 8. Prophet Ishaq (Isaac) 9. Prophet Yaqub (Jacob) 10. Prophet Lot (Lot) 11. Prophet Shuaib 12. Prophet Yusuf (Joseph) 13. Prophet Ayoub (Job) 14 . Prophet Dhul-Kifl 15. Prophet Yunus (Jonah) 16. Prophet Musa (Moses) & Harun (Aaron) 17. Prophet Hizqeel (Ezekiel) 18. Prophet Elyas (Elisha) 19. Prophet Shammil (Samuel) 20. Prophet Dawud (David) 21. Prophet Sulaiman (Soloman) 22. Prophet Shia (Isaiah) 23. Prophet Aramaya (Jeremiah) 24. Prophet Daniel 25. Prophet Uzair (Ezra) 26. Prophet Zakariyah (Zechariah) 27. Prophet Yahya (John) 28. Prophet Isa (Jesus) 29. Prophet Muhammad Prophet Adam Informing the Angels About Adam Allah the Almighty revealed: "Remember when your Lord said to the angels: 'Verily, I am going to place mankind generations after generations on earth.' They said: 'Will You place therein those who will make mischief therein and shed blood, while we glorify You with praises and thanks (exalted be You above all that they associate with You as partners) and sanctify You.' Allah said: 'I know that which you do not know.' Allah taught Adam all the names of everything, then He showed them to the angels and said: "Tell Me the names of these if you are truthful." They (angels) said: "Glory be to You, we have no knowledge except what You have taught us. -
To Bow Or Not to Bow?
Sat 11 March 2017 / 13 Adar 5777 B”H Dr Maurice M. Mizrahi Congregation Adat Reyim Lunch and Learn To bow or not to bow? In the story of Purim, did Mordechai act properly by refusing to bow before Haman, thereby endangering all the Jews? You may have been told: Jews bow only to God. This is false. Bowing to people as a gesture of respect, honor, love, fear is allowed: -Abraham bowed to his guests: And he lifted his eyes and saw, and behold, three men were standing beside him, and he saw and he ran toward them from the entrance of the tent, and he prostrated himself to the ground. [Genesis 18:2]. -Abraham bowed to the people from whom he was buying a burial plot for Sarah: And Abraham stood up, and bowed to the people of the land, to the Hittites. [Genesis 23:7] -Jacob bowed to his brother Esau seven times: And [Jacob] bowed to the ground seven times, until he came near his brother… Then the maidservants came with their children, and they bowed down. Then Leah came with her children came and they bowed down. Then Joseph came with Rachel and they bowed down. [Gen. 33:3-7] -Joseph’s brothers bowed to him: Now Joseph was the ruler over the land and Joseph's brothers came and prostrated themselves to him, with their faces to the ground. [Genesis 42:6]. -Moses bowed to his father-in-law: So Moses went out toward Jethro, prostrated himself and kissed him. [Exodus 18:7] - The prophet Nathan bowed to King David: And they told the king: Behold: Nathan the prophet. -
1 the Church of St. Raphael the Archangel Lexington, Kentucky
The Church of St. Raphael the Archangel Lexington, Kentucky Sermon for Michaelmas ~ September 30. 2012 The Reverend Ronald D. Pogue I was somewhat relieved when Fr. Johnnie told me that today we would be using the propers for the Feast of St. Michael and All Angels instead of the Sunday propers. I had been struggling to develop a sermon about faithful stewardship from the Sunday propers, which tell us about King Ahasuerus hanging Haman on the gallows that he had prepared for Mordecai in response to the report of Queen Esther, James’ advice regarding anointing the sick and forgiving sins, and instructions from Jesus about cutting off hands and feet and plucking out eyes when those organs cause us to sin. Perhaps you wonder why I was relieved. You may find yourselves asking, “What do angels have to do with stewardship?” That question certainly occurred to me. And, after some careful consideration of the readings, it occurred to me that Angels are all about stewardship! For example, Jacob, the deceitful second-born twin of Isaac and Rebecca, emerged from the womb clinging to the foot of his brother, Esau. Jacob was running for his life when he had that dream in which he saw a ladder connecting heaven and earth with angels ascending and descending. He had deceived his father and cheated his hairy brother Esau out of his birthright. William J.A. Power, an Episcopal Priest and longtime professor at Perkins School of Theology in Dallas, used to refer to Esau and Jacob as “Harry and Grabby.” The story of Jacob is the story of his spiritual and psychological development. -
Female Suicide Bombers: Dying for Equality?
Female Suicide Bombers: Dying for Equality? Edited by Yoram Schweitzer The Jaffee Center for Strategic Studies (JCSS) JCSS was founded in 1977 at the initiative of Tel Aviv University. In 1983 the Center was named the Jaffee Center for Strategic Studies – JCSS – in honor of Mr. and Mrs. Melvin Jaffee. The purpose of the Jaffee Center is, first, to conduct basic research that meets the highest academic standards on matters related to Israel’s national security as well as Middle East regional and international security affairs. The Center also aims to contribute to the public debate and governmental deliberation of issues that are – or should be – at the top of Israel’s national security agenda. The Jaffee Center seeks to address the strategic community in Israel and abroad, Israeli policymakers and opinion-makers, and the general public. The Center relates to the concept of strategy in its broadest meaning, namely the complex of processes involved in the identification, mobilization, and application of resources in peace and war, in order to solidify and strengthen national and international security. Female Suicide Bombers: Dying for Equality? Edited by Yoram Schweitzer Memorandum No. 84 August 2006 Jaffee Center for Strategic Studies טרור המתאבדות: מתות לשוויון? יורם שוייצר, עורך This study is published with the assistance of the gift of the late Esther Engelberg Editor: Judith Rosen Graphic Design: Michal Semo Cover Design: Yael Kfir Printing House: Kedem Printing Jaffee Center for Strategic Studies Tel Aviv University Ramat Aviv Tel -
Islamic Law, Jihad and Violence
UCLA UCLA Journal of Islamic and Near Eastern Law Title Islamic Law, Jihad and Violence Permalink https://escholarship.org/uc/item/1sj0m31p Journal UCLA Journal of Islamic and Near Eastern Law, 16(1) Author Abou El Fadl, Khaled Publication Date 2017 DOI 10.5070/N4161038734 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ISLAMIC LAW, JIHAD AND VIOLENCE Khaled Abou El Fadl TABLE OF CONTENTS INTRODUCTION ��������������������������������������������������������������������������������������������������������������1 I. MORAL OBLIGATION AND LEGAL INDETERMINACY IN THE ISLAMIC JURISTIC TRADITION ..........................................................................................................5 II. THE MEANING OF JIHAD ......................................................................................9 A. Peace as a Moral Imperative ................................................................10 B. The Qur’anic Discourse on Jihad ........................................................12 C. The Challenge of War and the Balancing of Moral Imperatives ..........13 III� JUS AD BELLUM IN THE ISLAMIC TRADITION���������������������������������������������������������15 IV� JUS IN BELLO IN THE ISLAMIC TRADITION.............................................................20 INTRODUCTION To what extent are justifications of violence in Islamic law based on scriptural prescriptions and commands? The challenge of answering this question, in part, is the sheer breadth of the Islamic experience. -
Series: Bible Characters Esther – (Esther 4:14B) 1. the Name “Esther
Series: Bible Characters Esther – (Esther 4:14b) 1. The name “Esther” means “star.” Her Hebrew name is “Hadasseh” which means “myrtle.” 2. She was an orphan girl who was adopted by Mordecai her cousin (Esther 2:5-7). She was probably only 10-11 years of age when king Ahasuerus (also known as Xerxes) came to throne. 3. The books of Ezra and Nehemiah deal with the remnant who returned to Jerusalem. The book of Esther takes place between Ezra chapters 6 & 7. 4. What we need to learn from the story of Esther is that no matter how bad the world’s condition is, God is still in control. I. WORLDLY SITUATIONS A. The Players. 1. At this time, Israel is no longer a nation because they have been absorbed into the most dominant power in the world at that time, Persia. 2. One of the most important people in the world at this time is a key player in this story. His name is Ahasuerus. a. He reigned in Susa. b. His empire spanned over 127 provinces from India to Ethiopia. c. For six months he had the biggest party the world had ever seen. During that time, in one of his drunken stupors, he decides to show off his queen Vashti to his guests. 1) Some feel that he asked the queen to prance around naked in front of the guests. 2) She refuses to do so, and in his rage he banishes her from being queen. He regretted that later, but the law of the Medes and Persians could not be revoked, so he would need a new queen.