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Islam and International Law Volume 87 Number 858 June 2005 Islam and international law Sheikh Wahbeh al-Zuhili* Dr Sheikh Wahbeh M. al-Zuhili is professor and head of the Islamic Law (fi qh) and Doctrines Department of the Faculty of Shari’a, University of Damascus. He is the author of several books and studies on major issues related in particular to Islamic law. They include The eff ects of war in Islamic law: A comparative study, and at-tafseer al-muneer (Exegesis of the Holy Qur’an), dar al-fi kr, Damascus, 17 vols. Abstract This article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari’a law which have attained the status of legal rules. : : : : : : : While the voices of “the clash of civilizations” are echoing loud, and the so- called “war on terror” is influencing the fate of some communities and many groups of individuals in various countries of the world, it is appropriate to recall the humanitarian values that rally nations and peoples around them. From an Islamic point of view we believe that the difference between people is one of God’s firmly established traditions, and that it is the source of wealth and harmony of the entire human race. There are many Islamic principles that * Th e author wishes to extend his gratitude to Dr Ameur Zemmali for his remarks during the preparation of this article, which is solely the responsibility of the author. Th e article is based on a paper presented at the Conference on “Protection of War Victims in Islamic Shari’a and International Humanitarian Law”, organized by the International Islamic University, Islamabad, and the ICRC (Islamabad, Pakistan, 30 September – 2 October 2004). 269 Sheikh al-Zuhili – Islam and international law endorse this standpoint. We shall explain some of them in general, those that apply to the relationship between Muslims and others in peacetime or in the event of war. We shall point out that Islamic States belong to the international community with all its organizations and instruments. We shall also take into account the existence of armed conflicts and situations of occupation inside and outside Islamic countries, despite the aspiration of the Islamic nations to live in peace and harmony with all nations and races. Rules governing international relations in peacetime Basic principles It is well known that Islamic preaching, including Islamic values and ethics, law and doctrine, has a universal tendency, for it aspires to see welfare prevail and Muslim principles spread throughout the entire world. It does so not for economic, material, racial, imperialist or nationalistic interests, but in order to achieve salvation, happiness, welfare, justice and prosperity for humanity as a whole, both in this life and the hereafter. Doctrine is based on recognition and confirmation of the absolute oneness of God both in Divinity and Lordship, without any blemish of atheism or paganism. Thus belief in God alone, belief in His angels, belief in His revealed books to His messengers, the hereafter and the acts of God are the pillars of this religion. There is no coercion in the Islamic religion, and no compulsion at all in the dissemination of this doctrine. Freedom, persuasion, dialogue and toler- ance are the foundation of the work by Islamic preachers for Almighty God. People are equal in terms of humanity, respect for human rights and human dignity, and no category or individual is better than others except in piety and good deeds. Cooperation is a principle that all people are required to observe. God says: “Mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other. Verily the most honoured of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things).”1 He also says: “Let there be no compulsion in religion: truth stands out clear from error …”2 This is the principle of freedom of religion. During dissemination of the Islamic message, the principle and slogan are: put the mind and logic into gear, and enforce justice. God mentions this in many verses, such as this one: “Say: O People of the Book! Come to common terms as between us and you: that we worship none but God, that we associate no partners with Him; that we erect not, from among ourselves, lords or patrons 1 Qur’an, (Translation by Abdullah Yussuf Ali, Dar el-liwa, Riyadh, Saudi Arabia (nd), Reprint of Th ird Edition, Lahore 1938), 49/13. 2 Ibid., 2/256. 270 Volume 87 Number 858 June 2005 other than God. If then they turn back, say ye, ‘Bear witness that we (at least) are Muslims (bowing to God’s will)’, ”3 and also “And dispute ye not with the People of the Book, except with means better (than mere disputation), unless it be with those of them who inflict wrong (and injury): But say, ‘We believe in the Revelation which has come down to us and in that which came down to you, our God and your God is One, and it is to Him we bow (in Islam)’. ”4 The principle of peace and security is a firmly established rule that should not be violated in any way, except in the case of aggression by others and when the enemy resorts to arms. God says: “Ye who believe! Enter into Islam whole-heartedly, and follow not the foot- steps of the evil one, for he is to you an avowed enemy.”5 The rule governing the relationship between Muslims and People of the Book (Jews, Christians and others) is the ideal, most rational and unmistakable methodology, expressed in two verses of the Qur’an: “God forbids you not, with regard to those who fight you not for (your) faith nor drive you out of your homes, from dealing kindly and justly with them: for God loveth those who are just! God only forbids you, with regard to those who fight you for (your) faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protec- tion). It is such as turn to them (in these circumstances), that do wrong.”6 In their long history since the days of the Prophet, Muslims have been committed to following this path. Thus the Prophet’s Message and that of his Companions and followers was a faithful expression of the one and only mes- sage, addressed to the world’s monarchs, princes and leaders: “Join Islam and you will be unharmed, otherwise you would have committed the same sin as the common people (farmers, workers, traders and others). O People of the Book! Come to common terms as between us and you: that we worship none but God, that we associate no partners with Him, that we erect not, from among ourselves, lords or patrons other than God …”.7 In their diverse wars with Arabs, Persians or Romans, Muslims resorted to combat only in defence of their existence, to repel aggression, to empower themselves in order to raise the banner of freedom among all nations on an equal footing, to declare the absolute truth, namely servitude and submission to God alone, without any influence from an oppressive sultan, an unjust ruler or a despotic leader. The State of Islam (the Caliphate8) was the only system based on the emancipation of the individual and society from the phenomenon of 3 Ibid., 3/64. 4 Ibid., 29/46. 5 Ibid., 2/208. 6 Ibid., 60/8-9. 7 Cf. ibid., 3/64. 8 Th e political-religious State comprising the Muslim community and the lands and peoples under its domination in the centuries following the death (AD 632) of the Prophet Muhammad. 271 Sheikh al-Zuhili – Islam and international law “domination and subordination” that prevailed in human society. For “domina- tion and subordination”, Islam substituted justice, consultation (shura), equality, mercy, freedom and brotherhood, which are the most noble Islamic foundations in the politics of government.9 In light of those fundamental values and premises, we can identify the rules of peace and security according to the Islamic doctrine and legislation and Muslim practices. Rules in the Islamic system that relate to the international order To establish the landmarks for external or international relations, the Islamic system provides for manifold rules. The most important of them can be summed up as follows.10 Human brotherhood Muslims are committed to Almighty God’s guidance, as expressed in the Qur’an, when He confirms the unity between creatures and the Creator, the unity of the human race, and fully fledged human brotherhood. Almighty God is the Creator and people are His creation, and His will and wisdom require that people be dis- parate in their intellectual faculty, opinions, ideas, beliefs and doctrines. People are free to choose what is in their best interest, in light of the divine revelation and the messages of reformist prophets and messengers from ancient times to the era of the Seal (the last) of the Prophets, Mohammed Ibn Abdullah, God’s blessings and peace be upon them all.
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