Rules of International Warfare in Islam

In light of the recent war taking place in the Middle East and the events that have followed, as well as the questions raised by some concerning the rules governing warfare and the legitimacy of the actions undertaken by the various parties, I thought it useful to summarize the most important principles established by Islamic law, drawing on the writings of specialists in this field. This brief article is intended, by the grace of God, to benefit its author and every reader, and to provide a degree of protection against some of the misconceptions raised by Orientalists and by Arab intellectuals influenced by Western thought.

Introduction: Peace Is the Rule and War the Exception

Islamic law was revealed as a mercy to all humankind and as a framework for human life founded upon justice and truth. Its legal system regulates human conduct in both peace and war. Contrary to the tendency of some scholars to reduce armed conflict in Islam to religious or expansionist motives, a systematic examination of the primary sources of Islamic law shows that peace is the enduring principle governing international relations in Islam. War has no legitimate place except as an exceptional measure resorted to for the purpose of repelling aggression and protecting human dignity. Examining the rules of war in Islamic law through the principles of Islamic jurisprudence, the rules of siyar — Islamic international law — and the five higher objectives of Islamic law, namely the protection of religion, life, intellect, lineage and property, reveals a legislative framework that established restrictions on the use of armed force many centuries before the emergence of modern international humanitarian law. The following are some of the most important of these rules.

First Principle: Prohibition of Religious Coercion and Rejection of Expansionist Motives

International relations in Islam are founded upon an unequivocal prohibition against forcing peoples or individuals to adopt a particular faith. This prohibition is accompanied by a divine recognition of the reality of human diversity and difference. Allah says: “Let there be no compulsion in religion.” Qur’an 2:256 He also says, affirming the reality of human disagreement: “And they will continue to differ.” Qur’an 11:118 And: “Yet most people will not believe, no matter how eagerly you desire it.” Qur’an 12:103 Accordingly, Islamic law regards the attempt to impose one faith through coercive force as both religiously impermissible and practically incompatible with the divine wisdom underlying human diversity. Allah says: “Had your Lord willed, all those on earth would have believed altogether. Would you then compel people to become believers?” Qur’an 10:99 Islamic legislation therefore confines the mission of religious preaching to communication, wisdom and exhortation, removing from it all instruments of domination and physical coercion. The mission of all prophets, including the final Prophet Muhammad, peace and blessings be upon him, was to convey the message, not to force a particular outcome. Allah says: “So remind them; you are only one who reminds. You are not a controller over them.” Qur’an 88:21–22 The Qur’an also calls for dialogue based on mutual respect, even between people who differ in belief and doctrine. At the same time, it prohibits insulting or abusive discourse in order to preserve social and international peace. Allah says: “Invite to the way of your Lord with wisdom and good instruction, and argue with them in the best manner.” Qur’an 16:125 He also says: “Do not insult those they invoke besides Allah, lest they insult Allah in hostility out of ignorance.” Qur’an 6:108 Islamic law goes further by rejecting materialistic interpretations that attempt to explain Islamic conquests purely in terms of economic ambition or political domination. The Qur’an establishes a general principle rejecting arrogance, corruption and colonial expansion: “That home of the Hereafter We assign to those who do not seek superiority upon the earth or corruption.” Qur’an 28:83 In this way, the Qur’an firmly rejects the spirit of domination and the extreme materialism that has repeatedly served as a source of conflict and suffering throughout human history.

Second Principle: The Legal Characterization of Legitimate War

The proper legal characterization of legitimate armed conflict under Islamic law is that of defensive and preventive warfare directed against actual aggression or an immediate and imminent threat.

1. The General Prohibition of Aggression

Islamic law establishes a general rule prohibiting aggression and requiring the immediate cessation of hostilities once the opposing party ceases fighting. Allah says: “Fight in the cause of Allah against those who fight you, but do not transgress. Indeed, Allah does not love the transgressors.” Qur’an 2:190 He also says: “But if they cease, then there is to be no aggression except against the oppressors.” Qur’an 2:193 And: “If they withdraw from you, do not fight you, and offer you peace, then Allah gives you no way against them.” Qur’an 4:90

2. Grounds for the Legitimate Use of Force

The legal grounds for armed conflict may be summarized in two principal categories.

A. Legitimate Defense of Self and Homeland

Allah says: “Permission to fight has been granted to those who are being fought because they have been wronged, and indeed Allah is fully capable of granting them victory — those who were expelled from their homes without right.” Qur’an 22:39–40

B. Humanitarian Intervention to Protect the Oppressed

Allah says: “And what is the matter with you that you do not fight in the cause of Allah and for the oppressed among men, women and children who cry out, ‘Our Lord, deliver us from this town of oppressive people, and appoint for us from Yourself a protector, and appoint for us from Yourself a helper.’” Qur’an 4:75

Legal Note

Islamic law requires, for the exercise of legitimate self-defense, that the enemy has already committed a material act of aggression or has made direct preparations for an imminent attack. Mere hostility, unfriendly conduct or direct diplomatic disputes do not in themselves justify the declaration of war. One of the notable features of Islamic law is that the Qur’an itself explicitly sets out this restriction. Allah says: “Do not let the hatred of a people who once barred you from the Sacred Mosque lead you to transgression. Cooperate in righteousness and piety, and do not cooperate in sin and aggression.” Qur’an 5:2

Third Principle: Upholding the Higher Objectives of Islamic Law During Military Operations

As established above, war may at times become a necessity to which Muslims resort. Yet even in such circumstances, the higher objectives of Islamic law remain the governing principles for the conduct of war, for the negotiations preceding it and for the consequences that follow. The most important rules governing warfare may be summarized as follows.

1. Protection of Life and the Principle of Distinction Between Combatants and Non-Combatants

Islamic law requires a strict distinction between enemy combatants actively participating in hostilities and civilians. The instructions attributed to Abu Bakr al-Siddiq, may Allah be pleased with him, to Muslim armies are a clear expression of this principle:

“Do not betray, do not act treacherously, do not embezzle, do not mutilate, do not kill a young child, an elderly person or a woman. Do not cut down or burn palm trees, do not cut down fruit-bearing trees, and do not slaughter sheep, cattle or camels except for food. You will pass by people who have devoted themselves to worship in monasteries; leave them to that to which they have devoted themselves.”

From this instruction, it becomes clear that Islam established protection, even during war, for the following groups:

• Women, children and elderly persons who are unable to fight.
• Monks and worshippers in their places of worship.
• Farmers and civilian workers who do not participate in military operations.

2. Protection of Property and the Environment, and the Prohibition of Treachery

Islamic law prohibits treachery and the violation of covenants. It also prohibits mutilation of the bodies of the dead. Likewise, the destruction of the environment and civilian property is prohibited unless required by compelling military necessity, in accordance with the objective of protecting property and preventing corruption on earth.

Fourth Principle: Balancing Higher Objectives and Giving Priority to Peaceful Solutions

Islamic legal principles correspond with the modern legal doctrine that war is a necessity that must remain limited to the extent strictly required. Islamic law gives preference to peaceful settlements and negotiations, even when they contain terms that may appear unfavorable in certain procedural respects, whenever such agreements serve the greater objective of preserving life and preventing humanitarian catastrophe. The Treaty of Hudaybiyyah provides a practical example of this legal and ethical balancing.

The Treaty of Hudaybiyyah as a Model of Peaceful Settlement

The Treaty of Hudaybiyyah, concluded in the sixth year after the Hijrah, represents a comprehensive example of crisis management in accordance with the Islamic jurisprudence of balancing competing interests. Several aspects of the event demonstrate the priority given to peace over war.

1. Prioritizing the Greater Interest Over Formalities

This is clearly reflected in the Prophet Muhammad’s acceptance, peace and blessings be upon him, of removing the title “Messenger of Allah” from the written treaty in order to facilitate the conclusion of the agreement.

2. Accepting Temporary Concessions

The Prophet accepted the provision requiring the return of individuals who came from Makkah as Muslims, while those who left the Muslim community and returned to Makkah would not be returned. This concession was accepted in order to achieve the greater benefit of ending hostilities and creating space for peaceful interaction.

3. Preserving the Higher Objective of Preventing Bloodshed

Despite the military readiness of the Muslim army and the pledge of the Companions to fight, the Prophet, peace and blessings be upon him, chose the path of peace. He said:

“By the One in Whose Hand is my soul, they will not ask me for any course of action by which the sacred limits of Allah are honored except that I will grant it to them.”

Historical developments subsequently demonstrated that this peaceful settlement expanded the sphere of security and enabled people to enter Islam voluntarily. This illustrates that peace is the more effective means and the broader principle for achieving the higher objectives of Islamic law.

Conclusion and Legal Assessment

Based on the preceding legal and jurisprudential principles, it becomes clear that the rules governing international warfare in Islamic law are not merely moral recommendations. They constitute an integrated legal system with coherent foundations and higher objectives, established many centuries before the Geneva Conventions and the Charter of the United Nations.

Summary of the Main Principles

1. Peace is the fundamental basis of international relations, together with a comprehensive prohibition of religious coercion, colonialism and material expansion.
2. The legitimacy of war is restricted to self-defense and the protection of the oppressed, as a means of repelling aggression.
3. Military operations remain governed by humanitarian principles, including the protection of civilians and the prohibition of corruption and unnecessary destruction.
4. Peaceful and diplomatic means of resolving disputes are preferred, with the preservation of human life taking precedence over military victory.

Islamic jurisprudence, through the rules of siyar, therefore established principles of humanity in warfare long before they became recognized within modern legal thought. It presents a model that balances strength with justice, and the rule of law with the supremacy of moral values.

References

1. Dr. Muhammad Abdullah Draz, Principles of Public International Law in Islam.
2. Dr. Ragheb Elsergany, Ethics of War in Islam.

Written by: Ehab El-Sayed Nayel Monday, 27 Safar 1448 AH