scholarly journals Arguing the Just War in Islam

2010 ◽  
Vol 27 (1) ◽  
pp. 127-130
Author(s):  
Sajjad H. Rizvi

Jihad has become a normal English word, a term to describe irrational violence,“holy war,” terrorism, and the generally rather nasty things that “badMuslims do.” John Kelsay, in this wonderfully succinct and accessible work,wants to argue that the real issue in discussing jihad is to make sense of legitimateviolence and how it may be deployed, and hence to locate the discoursewithin an existing discussion about just war theory. I am not generally sympatheticto the use of the comparable frame of just war theory because, as ajuridical and ethical concept it is rather limited, arising as it does out of a particularpolitico-theological context of medieval Catholicism. Having saidthat, any serious attempt to nuance jihad’s meaning in the contemporaryworld, to contextualize the discourse adequately and historically, and to posedifficult questions to those who appropriate it on the basis of a claim towardestablishing justice and acting in a just cause is welcome. Kelsay is interested in the contemporary debate about the nature ofpolitical ethics among Muslims. His book is not just an attempt to “whitewash”Muslims and their theologies from any culpability in the acts and ideologiesof the likes of al-Qaeda. While he does interrogate the theologicaland juridical reasoning of such terrorists, what he wants to show is not onlytheir distance from historically grounded narratives of jihad, but alsohow their reasoning may be shared. It is indeed foolish to argue that jihadiideology has nothing to do with reasoning about jihad as such; it is counterintuitiveand unhelpful. He also wants to indicate how the language of justwar is mutually supportive between the rhetoric of the “war on terror” andal-Qaeda’s war on the “Zionist-Crusaders” (which is, in theological terms,the subject of a forthcoming book by Alia Brahimi to be published by CambridgeUniversity Press) ...

Author(s):  
Helen Frowe

This chapter examines the main theoretical approaches to war and the circumstances under which it is permissible to wage war. War is one of the most morally difficult, and morally pressing, aspects of human existence. It nearly always involves killing and maiming on a vast scale. Despite its destructive nature, and despite the rise of rights talk on the international stage and the spread of democracy across large parts of the world, war persists. The chapter first considers the just war tradition and alternatives to just war theory before discussing two theoretical approaches to the ethics of war: collectivism and individualism. It also explores three principles that govern the fighting of war: jus ad bellum, jus in bello, and jus post bellum. A case study on Afghanistan and the ‘war on terror’ is presented, along with Key Thinkers boxes featuring Michael Walzer and Jeff McMahan.


2019 ◽  
Vol IV (I) ◽  
pp. 1-6
Author(s):  
Asghar Ali ◽  
Nazim Rahim ◽  
Syed Mussawar Hussain Bukhari

War and Peace are the two important topics of international law. Both the terms, despite polar apart in their nature are the subject matter of international law. As war is inevitable and cannot be reduced to zero; hence, international law tries to lay rules for the justification of war and its conduct. However, a just war becomes unjust when it causes disproportional civilian casualties. Humans become the target of war, whether just or unjust. On one hand, the UN Charter gives equal rights to all the humans without any discrimination and on the other hand, it considers the declaration of a just war as a prerogative of the UN Security Council only. However, states take unilateral actions and violate both the principle of proportionality and fundamental human rights. This analytical study discusses the Just War Theory and its impacts on fundamental human rights, in light of the international humanitarian law


2012 ◽  
Vol 39 (2) ◽  
pp. 361-383 ◽  
Author(s):  
RONAN O'CALLAGHAN

AbstractThe last decade has witnessed an attempt to solidify debate on war around the dichotomy of just war and holy war. In this dichotomy, the just war has increasingly been depicted as the progressive secularised opposite to holy war's antiquated religious fundamentalism. While wars argued for under the just war banner have been extensively critiqued and protested against, the rights based language of just war theory has largely escaped critical evaluation. Michael Walzer has emerged as a pivotal figure in just war theory's modern, secular rebirth within the discipline of International Relations. Walzer's theory argues the language of just war theory provides an effective means for us to engage with the moral reality of war. Drawing upon the work of Jacques Derrida this article investigates the construction of Walzer's moral language and its ethical implications. The first section focuses on Walzer's moral language; its structure, inconsistencies, and theological underpinnings. The second section addresses how Walzer employs this language to justify the sacrifice of combatants in defence of non-combatants. The central arguments presented in this article are that Walzer's theory is inconsistent in itself, and that the sacrifices initiated by this language constitute the unjustified sacrifice of just war theory's own ethical principles.


2021 ◽  
Vol 63 (11) ◽  
pp. 39-57
Author(s):  
Jovan Babić

The subject of this article is the Orthodox Christianity’s approach to war. Christians of other denomination have developed an elaborate theory of war, so-called “Just War Theory” (JWT), which has also been accepted by non-Christians and even secular thinkers regarding the nature and justification of war. A vast literature has been produced in a dire attempt to render perfect the world by insisting on the claim that war is the act of punishment for breaking the law. The result is an epistemological ease from which everything seems evident in advance including who is right and who at fault, who is and who is not favored by God. By removing from war an essential feature – that it is a form of conflict – JWT takes away the concept of reciprocity and introduces an in advance declared inequality which enables removal of uncertainty about the war’s outcome. In Orthodox Christianity, the situation is different. With still live debate whether to persevere or abandon original Christian pacifism, for Orthodox Christianity, war is always a combination of cataclysm and temptation and far less Manichean than anything present in JWT. The aim of war is peace; but, however necessary, justice is an insufficient condition for justification. The difference between “justness” and “justification” is preserved through the uncertainty whom God, at war’s end, loves more, because both victors and vanquished remain and continue to be in His grace. Losing a war, as such, does not turn the vanquished into criminals, nor does victory give the vanquisher the right of revenge for defending oneself. The latter approach to war has significant potentialities: preserving the distinction of ius ad bellum and ius in bello, preserving reciprocity, mutual respect and trust, impossibility of incrimination of war per se, the possibility of honorable defeat, etc.


2020 ◽  
pp. 1-23
Author(s):  
Gabriel Mares

Abstract I challenge a recent trend in just war theory – that civilians might be complicit with terrorists and lose non-combatant immunity – by reversing the gun sights and asking whether colonizing populations complicit with empire might compromise their non-combatant status. Employing colonial settlers as a thought experiment, I demonstrate the logic of expanded civilian culpability that has been proposed in the wake of the War on Terror would be unacceptable in other scenarios, and that these revisionist proposals are in service of ends incompatible with just war. In the process, I identify an important ambiguity regarding the performativity of non-combatant status, and show how this is used to aggressively expand civilian culpability for violence.


2017 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Benyamin Fleming Intan

ABSTRACT: After man has sinned, violence cannot be separated from human life. As Christianity comes into contact with violence, it generates a theory of just-war in responding against injustice. The applications of just-war theory are not only limited to Christian circle, but has reached wider groups. Just-war has become a guidance for non-Christian philosophers and politicians to fight oppressors and to uphold justice. This paper discribes the idea of just-war in Christians tradition, firstly by exploring the legitimacy of war in the light of the Word of God, and secondly by comparing it to the holy war in the context of the Old Testament. To better understand the views of the church leaders about just-war this paper will also discuss the criticisms against the theory. The author believes that the presence of just-war theory is crucial in the midst of this sinful world. KEYWORDS: violence, the legitimacy of war, just-war, holy war, peace, justice, Christian love


2020 ◽  
Vol 63 (1) ◽  
pp. 85-100
Author(s):  
Arseniy D. Kumankov

The article considers the modern meaning of Kant’s doctrine of war. The author examines the context and content of the key provisions of Kant’s concept of perpetual peace. The author also reviews the ideological affinity between Kant and previous authors who proposed to build alliances of states as a means of preventing wars. It is noted that the French revolution and the wars caused by it, the peace treaty between France and Prussia served as the historical background for the conceptualization of Kant’s project. In the second half of the 20th century, there is a growing attention to Kant’s ethical and political philosophy. Theorists of a wide variety of political and ethical schools, (cosmopolitanism, internationalism, and liberalism) pay attention to Kant’s legacy and relate their own concepts to it. Kant’s idea of war is reconsidered by Michael Doyle, Jürgen Habermas, Ulrich Beck, Mary Kaldor, Brian Orend. Thus, Doyle tracks democratic peace theory back to Kant’s idea of the spread of republicanism. According to democratic peace theory, liberal democracies do not solve conflict among themselves by non-military methods. Habermas, Beck, Kaldor appreciate Kant as a key proponent of cosmopolitanism. For them, Kant’s project is important due to notion of supranational forms of cooperation. They share an understanding that peace will be promoted by an allied authority, which will be “governing without government” and will take responsibility for the functioning of the principles of pacification of international relations. Orend’s proves that Kant should be considered as a proponent of the just war theory. In addition, Orend develops a new area in just war theory – the concept of ius post bellum – and justifies regime change as the goal of just war.


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