12. How is armed jihad carried out?
As has been stated before, in principle, only the official authorities of a state can proclaim armed jihad. Authorities can only do this through the declaration of war and in strict conformity with international law.
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13. Why must we adhere to international law with regards to war when Islam already has a law of jihad? Armed jihad must adhere to the law of jihad as determined by the Quran and hadith and interpreted by Muslim scholars.
However, in today’s context, the international law with regards to war complements the law of jihad. This is because the international law with regards to war does not contradict the law of jihad as both aim to contain the dangers of war. Besides, adhering to international law is consistent with juristic rulings, which permit the use of contemporary conventions and norms as a source of law, as long as it does not contradict the Syari’ah. To ignore the international law with regards to war, on the basis that it does not originate from the Islamic teachings, is wrong because:
a. Islam calls upon its followers to benefit from people or sources which are not their own.
b. It contradicts the juristic ruling as explained above.
c. It runs counter to the agreements signed by country leaders to adhere to international law.
d. It will damage the image of Muslims as a community who do not respect the international system and cannot live with it.
e. It may lead to other nations not adhering to international law when dealing with the Muslims.
Hence, the study and application of the law of jihad today should be complemented with knowledge of, and compliance with, international law with regards to war.
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14. What is the position of Islam with regards to the acts of hostage taking, hijacking public transport and attacking public places?
All these are prohibited in Islam under the rulings of hirabah (The Quran, 5:33-34). These acts constitute among the greatest sins and deserve a severe punishment-the death penalty.
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15. Some parties endorse the killing of civilians as they pay taxes and vote for the governments who oppose the Muslims. Is this right?
Such views are inaccurate. The collection of government taxes from their people is not a new practice. Neither is the involvement of the general public in government policies. In a tribal system that dominated the people before, the leaders of the tribes often involved their members in important issues, which affect them. Democratic ideas and its practices have also been carried out by the Greeks and the Romans. Yet, Prophet Muhammad (pbuh) strictly prohibits the killing of ordinary citizens in war.
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