How Taqiyya Alters Islam's Rules of War. Part II

 

by Raymond Ibrahim

2^nd part of 2

Treaties and Truces

The perpetual nature of jihad is highlighted by the fact that, based on the 10-year treaty of Hudaybiya (628), ratified between Muhammad and his Quraysh opponents in Mecca, most jurists are agreed that ten years is the maximum amount of time Muslims can be at peace with infidels; once the treaty has expired, the situation needs to be reappraised. Based on Muhammad's example of breaking the treaty after two years (by claiming a Quraysh infraction), the sole function of the truce is to buy weakened Muslims time to regroup before renewing the offensive:[33] "By their very nature, treaties must be of temporary duration, for in Muslim legal theory, the normal relations between Muslim and non-Muslim territories are not peaceful, but warlike."[34] Hence "the fuqaha [jurists] are agreed that open-ended truces are illegitimate if Muslims have the strength to renew the war against them [non-Muslims]."[35]

Even though Shari'a mandates Muslims to abide by treaties, they have a way out, one open to abuse: If Muslims believe—even without solid evidence—that their opponents are about to break the treaty, they can preempt by breaking it first. Moreover, some Islamic schools of law, such as the Hanafi, assert that Muslim leaders may abrogate treaties merely if it seems advantageous for Islam.[36] This is reminiscent of the following canonical hadith: "If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better."[37] And what is better, what is more altruistic, than to make God's word supreme by launching the jihad anew whenever possible? Traditionally, Muslim rulers held to a commitment to launch a jihad at least once every year. This ritual is most noted with the Ottoman sultans, who spent half their lives in the field.[38] So important was the duty of jihad that the sultans were not permitted to perform the pilgrimage to Mecca, an individual duty for each Muslim. Their leadership of the jihad allowed this communal duty to continue; without them, it would have fallen into desuetude.[39]

In short, the prerequisite for peace or reconciliation is Muslim advantage. This is made clear in an authoritative Sunni legal text, Umdat as-Salik, written by a fourteenth-century Egyptian scholar, Ahmad Ibn Naqib al-Misri: "There must be some benefit [maslaha] served in making a truce other than the status quo: 'So do not be fainthearted and call for peace when it is you who are uppermost [Qur'an 47:35].'"[40]

More recently, and of great significance for Western leaders advocating cooperation with Islamists, Yasser Arafat, soon after negotiating a peace treaty criticized as conceding too much to Israel, addressed an assembly of Muslims in a mosque in Johannesburg where he justified his actions: "I see this agreement as being no more than the agreement signed between our Prophet Muhammad and the Quraysh in Mecca."[41] In other words, like Muhammad, Arafat gave his word only to annul it once "something better" came along—that is, once the Palestinians became strong enough to renew the offensive and continue on the road to Jerusalem. Elsewhere, Hudaybiya has appeared as a keyword for radical Islamists. The Moro Islamic Liberation Front had three training camps within the Camp Abu Bakar complex in the Philippines, one of which was named Camp Hudaybiya.[42]

 

Hostility Disguised As Grievance

In their statements directed at European or American audiences, Islamists maintain that the terrorism they direct against the West is merely reciprocal treatment for decades of Western and Israeli oppression. Yet in writings directed to their fellow Muslims, this animus is presented, not as a reaction to military or political provocation but as a product of religious obligation.

For instance, when addressing Western audiences, Osama bin Laden lists any number of grievances as motivating his war on the West—from the oppression of the Palestinians to the Western exploitation of women, and even U.S. failure to sign the environmental Kyoto protocol—all things intelligible from a Western perspective. Never once, however, does he justify Al-Qaeda's attacks on Western targets simply because non-Muslim countries are infidel entities that must be subjugated. Indeed, he often initiates his messages to the West by saying, "Reciprocal treatment is part of justice" or "Peace to whoever follows guidance"[43]—though he means something entirely different than what his Western listeners understand by words such as "peace," "justice," or "guidance."

It is when bin Laden speaks to fellow Muslims that the truth comes out. When a group of prominent Muslims wrote an open letter to the American people soon after the strikes of 9/11, saying that Islam seeks to peacefully coexist,[44] bin Laden wrote to castigate them:

As to the relationship between Muslims and infidels, this is summarized by the Most High's Word: "We [Muslims] renounce you [non-Muslims]. Enmity and hate shall forever reign between us—till you believe in God alone" [Qur'an 60:4]. So there is an enmity, evidenced by fierce hostility from the heart. And this fierce hostility—that is, battle—ceases only if the infidel submits to the authority of Islam, or if his blood is forbidden from being shed [i.e., a dhimmi, or protected minority], or if Muslims are at that point in time weak and incapable. But if the hate at any time extinguishes from the heart, this is great apostasy! ... Such then is the basis and foundation of the relationship between the infidel and the Muslim. Battle, animosity, and hatred—directed from the Muslim to the infidel—is the foundation of our religion. And we consider this a justice and kindness to them.[45]

Mainstream Islam's four schools of jurisprudence lend their support to this hostile Weltanschauung by speaking of the infidel in similar terms. Bin Laden's addresses to the West with his talk of justice and peace are clear instances of taqiyya. He is not only waging a physical jihad but a propaganda war, that is, a war of deceit. If he can convince the West that the current conflict is entirely its fault, he garners greater sympathy for his cause. At the same time, he knows that if Americans were to realize that nothing short of their submission can ever bring peace, his propaganda campaign would be quickly compromised. Hence the constant need to dissemble and to cite grievances, for, as bin Laden's prophet asserted, "War is deceit."

 

Implications

Taqiyya presents a range of ethical dilemmas. Anyone who truly believes that God justifies and, through his prophet's example, even encourages deception will not experience any ethical qualms over lying. Consider the case of 'Ali Mohammad, bin Laden's first "trainer" and long-time Al-Qaeda operative. An Egyptian, he was initially a member of Islamic Jihad and had served in the Egyptian army's military intelligence unit. After 1984, he worked for a time with the CIA in Germany. Though considered untrustworthy, he managed to get to California where he enlisted in the U.S. Army. It seems likely that he continued to work in some capacity for the CIA. He later trained jihadists in the United States and Afghanistan and was behind several terror attacks in Africa. People who knew him regarded him with "fear and awe for his incredible self-confidence, his inability to be intimidated, absolute ruthless determination to destroy the enemies of Islam, and his zealous belief in the tenets of militant Islamic fundamentalism."[46] Indeed, this sentence sums it all up: For a zealous belief in Islam's tenets, which legitimize deception in order to make God's word supreme, will certainly go a long way in creating "incredible self-confidence" when lying.[47]

Yet most Westerners continue to think that Muslim mores, laws, and ethical constraints are near identical to those of the Judeo-Christian tradition. Naively or arrogantly, today's multiculturalist leaders project their own worldview onto Islamists, thinking a handshake and smiles across a cup of coffee, as well as numerous concessions, are enough to dismantle the power of God's word and centuries of unchanging tradition. The fact remains: Right and wrong in Islam have little to do with universal standards but only with what Islam itself teaches—much of which is antithetical to Western norms.

It must, therefore, be accepted that, contrary to long-held academic assumptions, the doctrine of taqiyya goes far beyond Muslims engaging in religious dissimulation in the interest of self-preservation and encompasses deception of the infidel enemy in general. This phenomenon should provide a context for Shi'i Iran's zeal—taqiyya being especially second nature to Shi'ism—to acquire nuclear power while insisting that its motives are entirely peaceful.

Nor is taqiyya confined to overseas affairs. Walid Phares of the National Defense University has lamented that homegrown Islamists are operating unfettered on American soil due to their use of taqiyya: "Does our government know what this doctrine is all about and, more importantly, are authorities educating the body of our defense apparatus regarding this stealthy threat dormant among us?"[48] After the Fort Hood massacre, when Nidal Malik Hasan, an American-Muslim who exhibited numerous Islamist signs which were ignored, killed thirteen fellow servicemen and women, one is compelled to respond in the negative.

This, then, is the dilemma: Islamic law unambiguously splits the world into two perpetually warring halves—the Islamic world versus the non-Islamic—and holds it to be God's will for the former to subsume the latter. Yet if war with the infidel is a perpetual affair, if war is deceit, and if deeds are justified by intentions—any number of Muslims will naturally conclude that they have a divinely sanctioned right to deceive, so long as they believe their deception serves to aid Islam "until all chaos ceases, and all religion belongs to God."[49] Such deception will further be seen as a means to an altruistic end. Muslim overtures for peace, dialogue, or even temporary truces must be seen in this light, evoking the practical observations of philosopher James Lorimer, uttered over a century ago: "So long as Islam endures, the reconciliation of its adherents, even with Jews and Christians, and still more with the rest of mankind, must continue to be an insoluble problem."[50]

In closing, whereas it may be more appropriate to talk of "war and peace" as natural corollaries in a Western context, when discussing Islam, it is more accurate to talk of "war and deceit." For, from an Islamic point of view, times of peace—that is, whenever Islam is significantly weaker than its infidel rivals—are times of feigned peace and pretense, in a word, taqiyya.

 

Raymond Ibrahim is associate director of the Middle East Forum.

Copyright - Original materials copyright (c) by the authors.

 

[1] Qur'an 40:28.
[2] Fakhr ad-Din ar-Razi, At-Tafsir al-Kabir (Beirut: Dar al-Kutub al-'Ilmiya, 2000), vol. 10, p. 98.
[3] Qur'an 2:195, 4:29.
[4] Paul E. Walker, The Oxford Encyclopedia of Islam in the Modern World, John Esposito, ed. (New York: Oxford University Press, 2001), vol. 4, s.v. "Taqiyah," pp. 186-7; Ibn Babuyah, A Shi'ite Creed, A. A. A. Fyzee, trans. (London: n.p., 1942), pp. 110-2; Etan Kohlberg, "Some Imami-Shi'i Views on Taqiyya," Journal of the American Oriental Society, 95 (1975): 395-402.
[5] Sami Mukaram, At-Taqiyya fi 'l-Islam (London: Mu'assisat at-Turath ad-Druzi, 2004), p. 7, author's translation.
[6] Devin Stewart, "Islam in Spain after the Reconquista," Emory University, p. 2, accessed Nov. 27, 2009.
[7] See also Quran 2:173, 2:185, 4:29, 16:106, 22:78, 40:28, verses cited by Muslim jurisprudents as legitimating taqiyya.
[8] Abu Ja'far Muhammad at-Tabari, Jami' al-Bayan 'an ta'wil ayi'l-Qur'an al-Ma'ruf: Tafsir at-Tabari (Beirut: Dar Ihya' at-Turath al-'Arabi, 2001), vol. 3, p. 267, author's translation.
[9] 'Imad ad-Din Isma'il Ibn Kathir, Tafsir al-Qur'an al-Karim (Beirut: Dar al-Kutub al-'Ilmiya, 2001), vol. 1, p. 350, author's translation.
[10] Mukaram, At-Taqiyya fi 'l-Islam, pp. 30-7.
[11] Imam Muslim, "Kitab al-Birr wa's-Salat, Bab Tahrim al-Kidhb wa Bayan al-Mubih Minhu," Sahih Muslim, rev. ed., Abdul Hamid Siddiqi, trans. (New Delhi: Kitab Bhavan, 2000).
[12] Ahmad Mahmud Karima, Al-Jihad fi'l Islam: Dirasa Fiqhiya Muqarina (Cairo: Al-Azhar, 2003), p. 304, author's translation.
[13] Mukaram, At-Taqiyya fi 'l-Islam, p. 32.
[14] Raymond Ibrahim, The Al Qaeda Reader (New York: Doubleday, 2007), pp. 142-3.
[15] Mukaram, At-Taqiyya fi 'l-Islam, pp. 32-3.
[16] Ibn Ishaq, The Life of Muhammad (Karachi: Oxford University Press, 1997), pp. 367-8.
[17] Shihab ad-Din Muhammad al-Alusi al-Baghdadi, Ruh al-Ma'ani fi Tafsir al-Qur'an al-'Azim wa' l-Saba' al-Mithani (Beirut: Dar al-Kutub al-'Ilmiya, 2001), vol. 2, p. 118, author's translation.
[18] Mukaram, At-Taqiyya fi 'l-Islam, pp. 11-2.
[19] Ibid., pp. 41-2.
[20] Ibn Qayyim, Tafsir, in Abd al-'Aziz bin Nasir al-Jalil, At-Tarbiya al-Jihadiya fi Daw' al-Kitab wa 's-Sunna (Riyahd: n.p., 2003), pp. 36-43.
[21] Mukaram, At-Taqiyya fi 'l-Islam, p. 20.
[22] Qur'an 2: 216.
[23] Yahya bin Sharaf ad-Din an-Nawawi, An-Nawawi's Forty Hadiths, p. 16, accessed Aug. 1, 2009.
[24] John Lyly, Euphues: The Anatomy of Wit (London, 1578), p. 236.
[25] Qur'an 8:39.
[26] Emile Tyan, The Encyclopedia of Islam (Leiden: Brill, 1960), vol. 2, s.v. "Djihad," pp. 538-40.
[27] David Bukay, "Peace or Jihad? Abrogation in Islam

," Middle East Quarterly, Fall 2007, pp. 3-11, f.n. 58; David S. Powers, "The Exegetical Genre nasikh al-Qur'an wa-mansukhuhu," in Approaches to the History of the Interpretation of the Qur'an, Andrew Rippin, ed. (Oxford: Clarendon Press, 1988), pp. 130-1.
[28] Jalil, At-Tarbiya al-Jihadiya fi Daw' al-Kitab wa ' s-Sunna, p. 7.
[29] Ibn Khaldun, The Muqadimmah. An Introduction to History, Franz Rosenthal, trans. (New York: Pantheon, 1958), vol. 1, p. 473.
[30] Hugh Kennedy, The Great Arab Conquests (Philadelphia: Da Capo, 2007), p. 112.
[31] "Saudi Legal Expert Basem Alem: We Have the Right to Wage Offensive Jihad to Impose Our Way of Life," TV Monitor, clip 2108, Middle East Media Research Institute, trans., Mar. 26, 2009.
[32] "Egyptian Cleric Mahmoud Al-Masri Recommends Tricking Jews into Becoming Muslims," TV Monitor, clip 2268, Middle East Media Research Institute, trans., Aug. 10, 2009.
[33] Denis MacEoin, "Tactical Hudna and Islamist Intolerance," Middle East Quarterly, Summer 2008, pp. 39-48.
[34] Majid Khadduri, War and Peace in the Law of Islam (Baltimore: The Johns Hopkins Press, 1955), p. 220.
[35] Ahmad Mahmud Karima, Al-Jihad fi'l Islam: Dirasa Fiqhiya Muqarina, p. 461, author's translation.
[36] Ibid., p. 469.
[37] Muhammad al-Bukhari, "Judgements (Ahkaam)," Sahih al-Bukhari, book 89, M. Muhsin Khan, trans., accessed July 22, 2009.
[38] Michael Bonner, Jihad in Islamic History: Doctrines and Practice (Princeton: Woodstock Publishers, 2006), p. 148.
[39] Ahmed Akgündüz, "Why Did the Ottoman Sultans Not Make Hajj (Pilgrimage)?" accessed Nov. 9, 2009.
[40] Ahmad Ibn Naqib al-Misri, Reliance of the Traveller: A Classic Manual of Islamic Sacred Law (Beltsville: Amana Publications, 1994), p. 605.
[41] Daniel Pipes, "Lessons from the Prophet Muhammad's Diplomacy," Middle East Quarterly, Sept. 1999, pp. 65-72.
[42] Arabinda Acharya, "Training in Terror," IDSS Commentaries, Institute of Defence and Strategic Studies, Nanyang Technological University, Singapore, May 2, 2003.
[43] "Does hypocrite have a past tense?" for clip of Osama bin Laden, accessed Aug. 1, 2009.
[44] Ibrahim b. Muhammad al-Shahwan, et al, "Correspondence with Saudis: How We Can Coexist," AmericanValues.org, accessed July 28, 2009.
[45] Ibrahim, The Al Qaeda Reader, p. 43.
[46] Steven Emerson, "Osama bin Laden's Special Operations Man," Journal of Counterterrorism and Security International, Sept. 1, 1998.
[47] For lists of other infiltrators of U. S. organizations, see Daniel Pipes, "Islamists Penetrate Western Security," Mar. 9, 2008.
[48] Walid Phares, "North Carolina: Meet Taqiyya Jihad," International Analyst Network, July 30, 2009.
[49] Qur'an 8:39.
[50] James Lorimer, The Institutes of the Law of Nations: A Treatise of the Jural Relations of Separate Political Communities (Clark, N.J.: The Lawbook Exchange, Ltd., 2005), p. 124.

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