From: joedees@bellsouth.net
Date: Sat Jul 20 2002 - 15:36:34 MDT
September 12, 2001
The Islamic Justification for
Killing Non-Combatants in
War
Commentary
Yael Shahar
ICT Internet Site Director
Earlier this week, in the Kuwaiti paper, Al-Watan an article
appeared that explained the "justification" in the eyes of
"Orthodox" Islam for the killing of innocent non-combatants in
time of war. In the briefest possible terms, the justification hinges
on the fact that -- at least in the case of Israel -- all non-
combatants are either "potential fighters" or "are involved in
complementary activities."
The following translation of this article, published in the
September 9 edition of the Jerusalem Post, is now more relevant
than any could have foreseen two days ago. The article opens a
window into the thinking of those behind yesterday's murderous
terrorist acts in New York and in Washington DC.
The questions: "how could it happen? Who would do such a
thing?" seem to come up again and again whenever people try to
encompass the enormity of what has happened in the United
States. This article, if read with attention, may provide at least
part of the answer: there are cultures and religious streams that
place no limits on what they consider "justified in time of war."
As the finger of suspicion swings more and more surely to point at
Ossama bin Ladin's "International Front for Jihad against the
Crusaders and the Jews," it would seem more than likely that
those behind yesterday's attacks subscribe to just such a school of
thought as that represented by this article, published only days
before in a mainstream Kuwaiti newspaper.
This article presents the justification, from the standpoint of
"Orthodox" Islam, for the killing of Jewish non-combatants in
war. Although these justifications directly refer to "Jewish women
and children," the arguments presented could just as easily apply
to all non-combatants living in democracies.
The justification, indeed, hinges on the fact that citizens in
democracies are to be held responsible for the actions of their
government. After all, they vote for the government of their
choice, and pay taxes to support this government's policies. In fact
all citizens of a democracy are potential soldiers. What's more, all
citizens can be seen as "involved in complimentary activities":
operating computer systems, running the telephone systems, the
electric power grids, and indeed the entire economic foundation
on which the military might of the "enemy" is based.
The casual reader could be forgiven for believing that this article
reflects the opinions of a radical minority in the Arab World.
However, to see the full extent to which such a reading would be
mistaken, one need only recall the scenes of people dancing in the
streets in countries all over the Muslim World, at word of the
death of more than 10,000 innocent Americans -- all non-
combatants, and all, according to the article quoted below, valid
targets for murder.
There should be no mistake: the events of yesterday, may be the
work of a small minority of extremists, but they were met with
acclaim by many who, though not directly involved, openly
proclaimed their wish that it had been their fingers on the trigger.
These views do not reflect the views of a "radical minority;" they
reflect a military doctrine for war -- a war which must be seen for
what it is, a war of civilization against civilization.
Is killing Jewish women and children forbidden?
Translated From The Arabic By Shira Gutgold
Reprinted with permission from the Jerusalem Post Column, "What the Papers Say."
(September 9) (Al-Watan, Kuwait, August 31)
Religious scholars do not dispute that Islamic law fundamentally forbids the killing
of women and children in Jihad [holy war], and the evidence for it is in the Hadith
[prophetic tradition] of Ibn-Umar [Vol. 4, Book 52, No. 257]: "A slain woman was
found during one of the Prophet's military campaigns, and following this the
prophet forbade the killing of women and children."
The scholars have also found evidence for the prohibition of killing those who are
not involved in warfare in the Prophet's message to Khaled Ben-Al-Walid telling him
that they shall not kill a woman or a non-fighting laborer. There are also other
sources for the prohibition of killing civilians.
The scholars have excluded two cases in which the killing of civilians and women is
permitted.
The first one is when they take part in the fighting, or if they witness it or are
involved in complementary activities such as giving council or propagandizing. The
scholars base their decision on the words of the Prophet who, when seeing the slain
woman said: "She was not capable of fighting," meaning that had she been
fighting, it would have been permitted to kill her.
It should be noted that in the modern age, when an army is engaged in war, non-
fighters join it who are involved in complementary activities and, at times, the
course of war depends mainly on them. These are, for example, activators of the
army's computer systems that direct military activities, such as civilian-
manufactured computer systems for directing missiles or sophisticated bombs.
They also include those who work for agencies that carry out military projects; the
reserve forces responsible for summoning soldiers and preparing them for fighting,
even administratively; intelligence people, and so forth.
All those mentioned fall under the category of those who fight the Muslims and
therefore can be targeted and killed in war, especially on occupied Muslim lands
such as Palestine.
It also ought to be noted that all Jewish women in the Zionist entity are fighters,
since they are also required to serve in the army. It is common knowledge that the
Zionist society is a military society, and every one of them takes part in warfare,
whether as a soldier in the army, as a reservist, by paying taxes to the Jewish state
and its army which kills Muslims, or by voting to put [Prime Minister Ariel] Sharon
in a position to give the orders to kill [Mohammed] Al-Dura [the child killed in his
father's arms in Gaza last September] and other Palestinian children.
The second case when the killing of civilians and women is permitted is when
Muslims must launch a comprehensive attack against their enemies or shoot them
from afar. If civilians, women or children are to be killed in such attacks - although
they must not be deliberately targeted - there is no blame on those who kill them,
as these things happen in wars when bombs are fired at military posts situated
between residential buildings, especially when these are the posts of the occupying
army situated on Muslim lands. In such incidents civilians, women, and children are
unintentionally killed, but Muslims get killed as well.
Among these attacks are the martyrdom attacks that aim to kill the occupiers in
order to strike terror in their hearts and force them to end their occupation and
withdraw from the country of the Muslims. In these attacks some women and
children are unintentionally killed, of course, but this is with full right. Places that
are designated for children and frequented only by them are not to be targeted.
The prophet has shot at the people of Taif with a catapult during his siege to their
town when there were women and children inside. Had he forbidden his warriors to
attack them or shoot at any place where there were people who were not fighters,
it would have led to the paralyzing of Jihad for the sake of Allah.
It is impossible to avoid killing civilians in a war, especially in the kind of fighting
taking place in Palestine where settlements and occupied lands are side by side
with Muslim areas, and therefore it suffices that they should not be intentionally
targeted.
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