My latest blog on alihzaidipti.wordpress/2013/11/11/drones-jihad-and-islam/. I would like to thank my parents, wife, mother-in-law and all my family for their lve and support. I am grateful for the support and encouragement of Ali Bhai as usual. I thank Imran Khan for inspiring people like us to make it possible to think anout change in our country. I thank Allah (SWT) for his mercy and blessings and for giving me the ability to do this. I would like to dedicate this to the people of Pakistan that have suffered for the last 12 years due to war and terrorism. DRONES, JIHAD AND ISLAM By Salman Rasheed The current War on Terrorism that Pakistan and Pakistanis have been engaged in over the last 12 years has led to much bloodshed caused by both the terrorists/militants and by international forces such as NATO and the United States as well as Pakistan military. However, the way war has been waged by both sides needs to be examined especially by us as Pakistanis and Muslims since we are inheritors of the great traditions of the Prophet Muhammad (Peace and Blessings be upon him) who has given us a code of conduct to follow in times of war and jihad. The methods used by the terrorists and the use of drones by the US and our alleged tacit approval of them I believe violate the Islamic code of conduct regarding warfare and Jihad let alone violating international law. Islamic Code of Conduct in War and Jihad The Quran is very clear that it prohibits Muslims from fighting offensive/aggressive war and if defensive warfare cannot be avoided and is required, it provides a code of conduct in waging such war. Islamic law provides a clear set of laws that regulate military engagement, which have not, however, been consistently followed. The Prophet (Peace and Blessings be upon him) instructed the warriors as follows: Avoid harming women and children, the aged, monks and priests, the blind and the insane, and refrain from acts of brutality and maiming. Destruction of livestock, trees and crops was also forbidden unless it was for the purpose of sustaining life. Innocent human life should be immune from all forms of unlawful aggression, as the Quran proclaims: “Whosoever kills a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all humanity” (Al-Ma’idah, 5:32). There is no ambiguity; the above principles forbids naked aggression, the harming of non-combatants, excessive cruelty even in the case of combatants, and even deals with the rights of animals and the natural environment. I believe the use of drones is in clear violation of Islamic laws of war as mentioned above. Despite the argument by drone advocates of their efficacy as it saves lives of soldiers and kills numerous high-level terrorists which is also doing Pakistan a favor according to the US stance, the issue of civilian deaths due to collateral damage or error by drone operators sitting thousands of miles away cannot be dismissed. However, many will say why would NATO/US forces be concerned with Islamic laws regarding warfare, fair enough but recent Amnesty International and Human Rights Watch report on drones strikes have questioned the “surgical” nature of such strike and that they may be in violation of the laws of war that may amount to war crimes (csmonitor/World/Security-Watch/2013/1022/Drone-strikes-Rights-groups-berate-US-for-not-following-its-own-rules-video). The reason I bring up drone strikes and relating it to Islamic ethics of warfare is the alleged involvement of our civilian and military leadership in giving approval of the use of drone strikes within Pakistan’s border knowing that innocent people are being killed because of collateral damage and/or design. It has been reported in the Washington Post that top officials in Pakistan’s government have for years secretly endorsed the program and regularly received classified briefings on strikes and casualty counts, according to top-secret CIA documents and Pakistani diplomatic memos (washingtonpost/world/national-security/top-pakistani-leaders-secretly-backed-cia-drone-campaign-secret-documents-show/2013/10/23/15e6b0d8-3beb-11e3-b6a9-da62c264f40e_story.html). Fair enough that NATO/US forces would not care about abiding by Islamic code of ethics/conduct in warfare but our government should since we are an Islamic Republic. I believe that in fighting this war on terrorism and religious extremism/militancy, we need to fight from the moral high ground that the terrorists have lost a long time ago. If the terrorists are not following Islamic code of conduct, this doesn’t mean we should stoop to their level and disregard Islamic ethics and values and establish laws of war. I remember as a kid growing up in Canada, one of the values I was instilled with when playing sports was “it’s not about winning or losing but how you play the game.” We need to set the example to them through our conduct and show the true spirit of Islam in the heat of war. If it is proved that our leadership has been complicit in endorsing these strikes then we have the blood of innocent victims on our hands too even if the proportion is much less than the innocent victims killed by the terrorists using the banner of Islam and Jihad to justify their outrageous actions as the killing of one innocent human being is equivalent to killing the whole humanity be it by drones or terrorism. The issue of intention may give us an excuse to support drones but questions of intention may arise also as there was an instance of drone strikes targeting rescue teams that went immediately to a drone-hit site at Zowi Sidgi village on July 6, 2012 to provide their services to the victims but were hit minutes later. In another attack on October 24, 2012, a sixty-eight year-old grandmother named Mamana Bibi was killed instantly by two Hellfire missiles while she was gathering okra in the family fields for cooking that evening. Following this attack, a second strike of missiles was fired that hit 9 feet from where this grandmother had been standing (dissenter.firedoglake/2013/10/22/drone-victims-describe-horror-of-follow-up-strikes-launched-against-people-rescuing-wounded/). Some of our own advocates of drones and analysts berate anyone who says that drones are creating more terrorists since family members of victims seek revenge as justifying terrorism. However, Robert Grenier, who headed the CIA’s counter-terrorism center from 2004 to 2006 and was a former CIA station chief in Pakistan, said last year that, “We have been seduced by [drones] and the unintended consequences of our actions are going to outweigh the intended consequences. We have gone a long way down the road of creating a situation where we are creating more enemies than we are removing from the battlefield,” Grenier added. “We are already there with regards to Pakistan and Afghanistan.” (theguardian/world/2012/jun/05/al-qaida-drone-attacks-too-broad?CMP=twt_gu) Noah Feldman, a professor of constitution and international law at Harvard University, wrote in a recent article that the reports on drone attacks by Amnesty International and Human Rights Watch foretells history’s verdict on drones strikes occurring in the battle field in weak states such as Pakistan and Yemen as bad for human rights, bad for the rule of law and bad for the US interests in the fight against terrorism (bloomberg/news/2013-10-23/blame-liberals-for-obama-s-illegal-drone-war.html). Feldman further states “it seems clear that the targeting and killing of civilians based on loose “signatures” without detailed intelligence almost certainly violates the law of war.” The violation of human rights, rule of law and killing civilians on flimsy intelligence or suspicion also violates basic Islamic jurisprudence. Rules of Jihad The majority of Sunni and Shia jurists believe that jihad is legitimate only in defence against aggression. They also maintain that jihad must be declared by the legitimate leader. Thus no group, party or organisation has the authority to take up arms in the name of jihad without sanction by lawful authorities otherwise there will be disorder and anarchy. This is the purpose of the hadith which provides that: ‘A Muslim ruler is the shield [of his people]. A war can only be waged under him and people should seek his shelter [in war].’ (Sahih al-Bukhari, Hadith no. 2957) Sheikh Ali Gomaa, former Grand Mufti of Egypt in “A Fatwa on Jihad” has stated the following as the aims, objectives, conditions and rulings for Jihad: Jihad must not be waged for ignoble purposes, personal objectives and revenge. No personal interest or private gain should be the aim of jihad. Jihad must be declared by a legitimate ruler, but only after necessary consultation with people of specialised knowledge and technical know-how. Justice must prevail during armed jihad. Excessive violence and acts of brutality, maiming and dishonouring the human dignity of the deceased must be avoided. Action may be taken only against armed combatants. Civilians and persons who are neither involved nor trained to be engaged in combat may not be targeted. Killing and harming women and children is prohibited. Animals, crops and trees are to be spared unless it is for sustaining life. Polluting the environment, rivers, wells and demolition of houses is prohibited. Treachery and deception, killing and attacking people by surprise is prohibited. Looting and plunder are prohibited, and people’s rights and properties may not be violated. The enemy must be among those with whom fighting is permitted as compared to those with who at truce has been agreed. Breach of valid international agreements and treaties is a violation of the rules of jihad. It is impermissible to use human shields in jihad. Even during conflict, all possible efforts must be made to end war. Prisoners of war (POWs) must be treated humanely and their lives protected; they are entitled to dignified treatment, and fulfilment of their essential needs. If ransom is paid for a POW, he or she must be freed. Ransom can consist of teaching ten Muslims to read and write. Religious persecution and forced conversion cannot be the aim of jihad. On the contrary, jihad must seek to establish freedom of religion and enable people to practice their religious convictions freely. Places of worship, churches and synagogues must not be targeted. Monks and priests who are not involved in violence must not be harmed. If a prisoner of war embraces Islam freely and willingly, he or she must be freed. Permission to enter a country is considered a non-verbal security agreement not to cause corruption in the host country. Given the above regarding the ethics of Jihad, it is obvious that the terrorist/militant and jihadi groups operating in Pakistan are violating the basic tenets of Jihad. Especially when it comes to Pakistan, being an Islamic Republic and Muslim majority country where the government is not stopping anyone from practicing Islam freely, it makes no sense for these takfiri/khwarij terrorists to make jihad on the state and its citizens be it Muslim or non-Muslim. Under Islamic jurisprudence, they cannot declare jihad only the state and its leadership has that power. Targeting of innocent civilians and military and law enforcement personnel is unjustifiable and extremely condemn-able and that is why they have the lost moral high ground a long time back. The attempted assassination of female students such as Malala and her classmates Shazia and Kainat shows their cowardice. It is not an exaggeration to say that these terrorist groups using the banner of Islam and Jihad have defamed Islam and the traditions and teachings of our Prophet Muhammad (Peace and Blessings be upon him). The bombing of the All Saints Church in Peshawar last month is a gross violation of the covenant made between Prophet Muhammad (Peace and Blessings be upon him) and the Christian community of southern Arabia that guaranteed them certain social and religious rights as well as protection of their lives, property and churches till The Day of Judgement so there can be no justification by these so-called jihadis of such an abominable act of violence and destruction. It is important that besides taking action be it police and/or military operations against such outfits, we need the help and cooperation of knowledgeable Ulema of Islam to counteract the narrative of these khwarij/takfiris in order to stem further radicalization of our society. If we, meaning our leadership, do engage in a dialogue with these groups, the discussion shouldn’t be just limited to establishing peace but also to challenge their distorted views of Islam and Jihad and need to know who is behind their indoctrination and nip it in the bud and this is where the role of the Ulema would be crucial. The actions of these terrorists is not only repelling Islam among non-Muslims but Muslims also. Many religious scholars have commented on the relationship of Jihad and peace is one of means and end. “Jihad is not an end in itself but a means towards peace, freedom of conscience and justice.” (Mohammad Hashim Kamali, International Institute of Advanced Islamic Studies (IAIS) Malaysia, Introduction to ‘War and Peace in Islam’) I am no Islamic scholar or a saint myself but it pains me to see how our country has regressed over the last few decades in terms of violence, hatred and morally. We are one of the few countries in the world whose basis of creation and existence has been religious, i.e. Islam being the foundation. We should be a beacon of light to the rest of the Islamic World and being a model Islamic state in terms of legal, social and economic justice. If we are forced to fight these khwarij/takfiri terrorists, we must not cede the moral high ground to them as two wrongs do not make one right. Islam doesn’t teach us that “ends justify the means.” The way we conduct ourselves in life not just in times of war matters, as we will all be answerable to the Almighty Allah (SWT) on the Day of Judgment. We see around us that Pakistani society has lost its moral compass over the last few decades as “lying, cheating and stealing” has become the norm and not the exception. We as a nation and society need to recalibrate our moral compass as our actions as a collective whole and as individuals do have both intended and unintended consequences. I recall on many occasions that our outgoing COAS General Ashfaq Pervez Kiyani has stated in public addresses that Pakistan is “citadel of Islam” and Islam is the foundation of Pakistan, this brought out the pride within me as a Muslim and Pakistani when he uttered these words. I hope that he actually meant it and acted accordingly during his stint in the Army, especially during his tenure as DG ISI and later COAS. I truly pray and hope that all of us would in our own capacity and incrementally start acting as true Pakistanis and Muslims and live not just the letter of Islam but its real spirit of peace, humanity and justice for all.
Posted on: Mon, 11 Nov 2013 17:49:48 +0000
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