Muslims and Global Justice

Chapter 1. Islamic Ambivalence to Political Violence: Islamic Law and International Terrorism

Chapter 1 Islamic Ambivalence to Political Violence: Islamic Law and International Terrorism Fromaformalpointofview,itcanbesaidthatIslamiclawprohibitsallviolence except in cases of official punishment for crime, strict private self-defense, or formally declared legitimate war as regulated by law. Islamic religious ethics emphasize orderly and peaceful social relations and condemn clandestine violence against defenseless victims. However, there are certain ambiguities in the notions of self-defense and legitimate war, especially as seen in light of certain “precedents” in Islamic history. Moreover, some Islamic sources appear to sanction direct action and self-help. These ambiguities and sources contribute to creating a degree of ambivalence in Muslim attitudes and practice regarding political violence and terrorism, as defined, and to some extent distinguished, in this essay. It is obvious that none of the above is peculiar to Islam and the Muslims since almost all major historical, religious, and cultural traditions reflect similar ambivalence. Nevertheless, the strong association between religion and political action in Islam makes it particularly important to address these questions in the present Muslim context. This association has been dramatically emphasized by recent demands for a greater role for Islam and Islamic law in public life throughout the Muslim world. In other words, historical Islamic religious values and legal norms seem to have a greater impact on the current attitudes and practices of Muslims than appears to be the case with other historical religious and cultural traditions. To the extent that this is true, it is useful to work with Islamic sources and arguments in order to repudiate the basis of political legitimacy and psychological motivation for political violence and terrorism in the Muslim context. The focus of this essay on political violence and terrorism in the Muslim 36 Chapter 1 context should not be seen as assuming or implying that these phenomena have a peculiar association with Islamic values and norms. In view of the brief historical and comparative background offered in the first section of this essay , it would be incorrect to assume that Islamic cultural and political norms have a unique propensity for political violence and terrorism. Moreover, when we allow for the large number of Muslims and the extensive geographical size of the Muslim world, most of which suffers from conditions of severe political instability and economic underdevelopment, the political violence and terrorism associated with Islamic groups and individuals do not appear to be disproportionate to that of non-Muslim groups and individuals. This essay is predicated on the premise that Muslim peoples are entitled to exercise their right to self-determination in terms of an Islamic identity and the modern application of Islamic law, provided that they do so in ways that are consistent with certain minimum domestic and international standards. In particular, this essay upholds the right and obligation of modern Muslims to resolve their cultural ambivalence toward political violence and terrorism both within an Islamic framework and in favor of the rule of law in both domestic and international contexts. Islamic self-determination in terms of archaic concepts and antiquated norms is, in my view, both undesirable and impracticable. In order to address questions of the international dimension of political violence and terrorism from an Islamic perspective, this essay begins by defining these phenomena for our present purposes and placing them in a historical context. The second section of the essay will briefly explain the nature and sources of Islamic law as a necessary prelude to discussing political violence and terrorism in the Muslim context. Further explanation of the Islamic equivalent to international law in historical context will be offered in the third section, followed by a brief statement of the specific principles of Islamic law relevant to international political violence and terrorism. The final section of this essay will address the general question of Islamic law reform and propose a specific approach toward an Islamic contribution to the rule of law in international relations. Emphasizing a formal legalistic approach, however, should not in any way suggest that this is the only or even necessarily the most useful method of discussing political violence and terrorism. It is obvious that these phenomena can and should be treated from political, sociological, psychological, and other perspectives. However, I would suggest that an understanding of the legal point of view is useful, and perhaps necessary, for a meaningful discussion Islamic Ambivalence to Political Violence 37 of these phenomena from any other point of view. Conversely, a legal approach would have...