aggression, and the Qur'an holds that Satan, who before the fall was one
engaged in conversation with God, possessed an overweening arrogance
which caused his fall.102 If the enemy is disarmed or subdued and is thus
unable to cause fitna or corruption, or if there is a peace treaty (ie that there
96 97 98 99 100 101
The word haram indicates that the use of such weapons is prohibited under Islamic law.
See generally Gulzar Ahmed, The Battles of the Prophet of Allah Vol. 1 (1985), 129; Gulzar Ahmed, The Battles of the Prophet of Allah Vol. II (1986), 91. In this context, Muslims once ruled (among other places) Spain and India and did so for about 700 years before external pressure (aided by internal corruption) forced them out. Muslims gained and held power through military force even though they were numerically in the minority.
See hadith at n 26 above. Qur'an 9:6.
That is, when compared with freedom of religion as defined in the relevant UN Declarations and Covenants.
Qur'an 2:256.
Humility in all aspects of life is assumed on the part of a believer. The general command is, according to Qur'an 31:18:
And swell not thy cheek (for pride) at men nor walk in insolence through the earth; for God loves not any arrogant boaster.
Chapter 2 —58
exist guarantees of peace between the parties) then fighting is neither necessary nor permitted.103
If Muslims do not possess sufficient defensive power and face oppression then they may, and if possible should, migrate.104 Migration could be (a) to another part of där al-lslam or (b) to dar al-sulh (c) or failing the above, endure the oppression with patience — patience generally for which the Qur'an promises a great reward.103 Muslims who remain, m ust nonetheless not act treacherously.106
While nothing turns on this point, it is noted that in practice it is very difficult to suppress the Muslim faith, as most aspects of belief are internalised and in a sense there is very little 7 an oppressor7 can do to frustrate the individual performance of the greater djihad,107 When speaking of oppression therefore, one speaks of oppression against the 'expressions of faith7. Qur'anically however, internal change m ust preceded external change,108 and warns Muslims that an over emphasis on the external manifestations of faith can lead to hypocrisy.
Leadership and Checks on the Exercise of Muslim Power
The Prophet characterised every Muslim as a leader, responsible for w hat is directly in h is/h er care.109 All Muslim groups m ust select a leader110 and the Qur'anic recommendation for election is by consensus.111 Since the time
102 103 104 105 106 107 108 109 110 111 Qur'an 15:28-40. Qur'an 9:29.
While there are likely to be problems with this proposal, for those who seriously object to the oppression they face, the UNHCR could become involved in assisting with refugee placement in Muslim majority States.
Qur'an 76:12. Qur'an 8:58.
L Ali Khan, A Theory of International Terrorism : Understanding Islamic Militancy
(2006) , 22. refers to the situation of the Chechens under Russian hegemony and the failure of Russian culture to assimilate the Chechens. He also quotes Alexander Solzhenitsyn analysis and acknowledgement of the Chechen's refusal to submit to the 'psychology of submission'.
Qur'an 8:53; Kabir Helminski (ed) Tlie Vision of the Qur'an (2004), 124. Javad Nurbakhsh, Traditions of the Prophet (1981), 92.
Brynjar Lia, Architect of Global Jihad: The Life of al-Qaida Strategist Abu Mus'ab al-Suri
(2007) , 100; Javad Nurbakhsh, Traditions of the Prophet (1981), 92. While nothing turns on this point one hears the expression among Muslims that a 'leaderless group is, in effect, led by Satan'.
Qur'an 3:159. A group or congregation jama, is defined as the minimum number required to conduct the Friday congregational prayer and the specific minimum number that is required to form a jama varies according to the Schools. There is a
C hapter 2 —59
of the second caliph112 the term 'caliph' became synonymous with the political head of the (Sunni) Muslims while, after the fourth caliph, the title of imam was used for the head of Shi'i Islam.113 Neither the Prophet nor the orthodox caliphs considered themselves Sunni or Shi'i and this terminology being a latter-day development. Further, the Q ur'an states that God unites
the believers114 and knows His true soldiers110 and thus temporal leadership is of less direct consequence to the 'true believers'. The office of 'leader' (imam/caliph) has been claimed by many contenders (often
simultaneously) ,116 and the 'best' claimant to the title cannot in many instances readily be identified.
Taqwa, 117 is meant to be the best 'internal restraint' on the exercise of Muslim power. In summary, in this context, the issue is whether power held by people possessing this quality of taqwa, a heightened sense of justice and fairness, coupled with a unimpeachable belief that they w ould be expected explain their actions to God, upperm ost in their minds, would be exercised fairly. 118 It w ould however, be difficult and even unreasonable to expect non-Muslims or indeed the majority of Muslims, to rely on the
112 113 114 115 116 117 118
general consensus that for regular Canonical prayer the minimum number for a
jama’ is two people. This is symbolically demonstrated in when Muslims assemble for congregational prayers they appoint an imam (or hodja) who is an ordinary person from the group but with a greater level of learning than others in that congregation. Muslim prayers can be said almost anywhere (ie not necessarily at a mosque) during the mandated prayer times, and is led by the person selected (or acquiesced to) by those present in the congregation.
Note however, that 'consensus' in the Islamic sense is not identical with 'democracy' in tire contemporary Western sense.
Roy Jackson, Fifty Key Figures in Islam (2006), 14. The full title is emir al-moumineen
or the Commander of tire Faithful. The First Orthodox Caliph was Abu Bakr Al- Siddique and is universally recognised by Sunni Muslims. He is also recognised the Prophet's closest companion and as a righteous companion by most (but not all)
Shi'i Muslims: Baqer Moin, Khomeini: Life of the Ayatollah (2000), 15.
The Fourth Orthodox Caliph was the first Shi'i imanr and is tire only leader recognised as legitimate by both sects.
Qur'an 8:63.
Qur'an 74:31. See generally Khaled Abou El-Fadl, And God Knows tire Soldiers: The Authoritative and Authoritarian in Islamic Discourses (2001).
Bruce Lawrence (ed) Messages to the World: The Statements of Osama Bin Laden (2005), 110. For example, the Taliban Leader Mullah Omar took on this title in 2004. It is often quoted that tire Prophet stated that his generation comprised the best Muslims and then tire subsequent two generations, in decreasing order, the next best: Muhammad Al-Mughirah al-Bukhari, The Translations of the Meaning of Sahih al-Bukhari vol 3 (1976), 498. The means of selecting contemporary leaders therefore cannot ipso facto be tire same as that used by the salaf in selecting a leader.
See fuller discussion of taqwa in Appendix 2. See fuller discussion of taqwa in Appendix 2.
C hapter 2 —60
true expression of this proposition in the light of the record of
contemporary Muslim regimes. Many Muslims might on the other hand identify the absence of taqwa as a major factor that accounts for the corrupt and despotic leadership regimes of many contemporary Muslim 'leaders'.
Further, reasonable scepticism of Muslim power is exacerbated by ill-informed or apprehensive commentators. For example, Huntington, and although not entirely untrue, somewhat gratuitously, states that
contemporary Muslim States have a propensity towards violence,
militarism and repression, which in his view appears to be endemic.119 This is in spite of clear evidence that the overwhelming balance of military strength lies with (and knowing that the majority of the most serious armed conflicts of the last 100 years have involved) the five perm anent Security Council members (P5) and their allies.120 Further, the use of emotive labels such as 'islamofacism'121 do not add much substance or clarity to the debate.122 This simplistic view of Islam and Muslims is not representative of Western thinking but nonetheless provides al-Qa'eda et al with further 'evidence' of 'Western hatred' for Islam. Although in practice these simplistic minority views are countered by more fair, balanced,
119
120
121
122
Samuel P Huntington, The Clash of Civilizations and the Remaking of World Order
(1998), 34. While this statement may not in itself be untrue, it is less than useful because of its implication. The author does not show that there is a difference between the behaviour of Muslim and non-Muslim States with respect to their use of violence. Further, he does not show how the Islamic faith adds to this alleged propensity to violence.
Ibid. While this statement may not in itself be untrue, it is less than useful because of its implication. The author does not show that there is a difference between the behaviour of Muslim and non-Muslim states with respect to their use of violence. Further, he does not show how tire Islamic faith adds to this alleged propensity to violence.
As in the title of the book by Norman B Podhoretz, World War IV: The Long Struggle Against Islamofacism (2007).
Anne-Marie Slaughter, 'US Needs to transcend neo-con views', The Australian
C hapter 2 —61