Muslims and Global Justice

Notes

Notes Chapter 1. Islamic Ambivalence to Political Violence: Islamic Law and International Terrorism An earlier version of this chapter was published in German Yearbook of International Law 31 (1988): 307–36. 1. Arnold, The Violence Formula, 1. 2. See generally Falk, Kratochwil, and Mendlovitz, eds., International Law: A Contemporary Perspective (Boulder, 1985), but especially Grenville and Sohn, chap. 5, “Introduction to World Peace Through World Law,” 73–99, and Young, chap. 6, “Compliance in the International System,” 99–111; and Detter Delupis, The Law of War, chap. 2. 3. Bibliographic volumes on the subject indicate that over 99 percent of the works cited have been published after 1968. See Norton and Greenberg, International Terrorism and Mickolus, The Literature of Terrorism. 4. See generally Bassiouni, “Perspectives on the Origins and Causes of Terrorism,” 5–10. 5. Rapoport, “Fear and Trembling.” 6. See the entry on terrorism in Webster’s New Collegiate Dictionary, 1951. 7. Arnold, The Violence Formula, 3. 8. Arnold, The Violence Formula, 3, 4. 9. Schmid, Political Terrorism, 73–75. 10. Schmid, Political Terrorism, 76, 77. 11. Provizer, “Defining Terrorism,” 5. 12. Arnold, The Violence Formula, 8, 9. 13. Arnold, The Violence Formula, 9. 14. Wardlaw, Political Terrorism, 4. 15. Arnold, The Violence Formula, 5. 16. Provizer, “Defining Terrorism,” 8. 17. Johnson, Can Modern War Be Just? 61. 18. A distinction has been suggested between international terrorism, involving activity wherein the perpetrators are controlled by states, and transnational terrorism, 316 Notes to Pages 41–46 where the perpetrators are essentially autonomous private actors. See Schmid, Political Terrorism, 258. 19. Vesey-Fitzgerald, “Nature and Sources of the Shariʿa,” 85. For an analysis of the development of the concept of Shariʿa, see Rahman, Islam, 101–9; Hasan, The Early Development of Islamic Jurisprudence. 20. Coulson, A History of Islamic Law, 11, 12, 17; Rahman, Islam, 33–37; VeseyFitzgerald , “Nature and Sources of the Shariʿa,” 87. 21. Coulson, A History of Islamic Law, 12; Rahman, Islam, 69; Vesey-Fitzgerald, “Nature and Sources of the Shariʿa,” 87. 22. See generally Burton, The Collection of the Qurʾan, on the processes by which the present text of the Qurʾan, al-Mushaf, came to be accepted as the authentic and full text of the final and literal word of God. 23. Rahman, Islam, 63–65; Schacht, Origins of Muhammadan Jurisprudence, 3, 4. 24. Schacht, Origins of Muhammadan Jurisprudence, 36–39. 25. Coulson, A History of Islamic Law, 42; Vesey-Fitzgerald, “Nature and Sources of the Shariʿa,” 93. 26. Coulson, A History of Islamic Law, 63; Vesey-Fitzgerald, “Nature and Sources of the Shariʿa,” 94. 27. Hasan, The Early Development of Islamic Jurisprudence, chap. 7; Schacht, Origins of Muhammadan Jurisprudence, 82–99. 28. MacDonald, Development of Muslim Theology, Jurisprudence and Constitutional Theory, 86; Vesey-Fitzgerald, “Nature and Sources of the Shariʿa,” 93. 29. Coulson, A History of Islamic Law, 80, 81; Schacht, An Introduction to Islamic Law, 69–75. 30. See generally Adams, Islam and Modernism in Egypt; Gibb, Modern Trends in Islam; Kerr, Islamic Reform. 31.Hallaq, “Was the Gate of Ijtihad Closed?” 32. Coulson, A History of Islamic Law, chaps. 2–5, provides a most concise statement of the development of Shariʿa. 33. Mahmassani, Falsafat al-Tashri fi al-Islam, 32–35, lists the names of the founding jurists of the surviving as well as the extinct schools of Islamic jurisprudence, and the dates of their deaths. 34. Coulson, A History of Islamic Law, 106. 35. Mahmassani, Falsafat al-Tashri fi al-Islam, 38; Fyzee, “Shiʿa Legal Theories,” 117. 36. For detailed explanations of Shiʿa sects, see Watt, Islamic Philosophy and Theology , 20–26, 50–56, 99–104. Reference may also be made to the numerous detailed works on the Shiʿa, such as Arjomand, The Shadow of God and the Hidden Iman; Momen, Introduction to Shiʿa Islam. 37. Eliash, “The Ithna ʿashari Shiʿa Juristic Theory of Political and Legal Authority,” 29. 38. Coulson, A History of Islamic Law, 105. Notes to Pages 46–50 317 39. Fyzee, “ Shiʿa Legal Theories,” 123. 40. Fyzee, “Shiʿa Legal Theories,” 114–21. 41. Fyzee, “Shiʿa Legal Theories,” 121, 122. 42. Coulson, A History of Islamic Law, 120. 43. Coulson, A History of Islamic Law, 82, 83. 44. Coulson, A History of Islamic Law, 83, 84. Individual jurists preferred different variations of these basic categories; see Hasan, The Early Development...