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Interfaiths: Faith, Force, and Fiqh- Evaluating Hamas through Classical Islamic Law
In this episode, we undertake a rigorous examination of the October 7, 2023, Hamas assault on Israel through the lens of classical Islamic jurisprudence (fiqh). While Hamas invokes religious doctrines such as jihād to justify its military operations, many scholars argue that its tactics represent a political manipulation of religion rather than authentic practice.
Drawing on the research of leading scholars like Ahmed Al-Dawoody, Karima Bennoune, and Nesrine Badawi, we explore two critical dimensions of Islamic war law:
- Jus ad Bellum (The Right to Wage War): We discuss why classical jurists traditionally required legitimate political authority (such as a state ruler) to declare jihād, a condition Hamas lacks as a non-state actor. We also examine the scholarly consensus that jihād is fundamentally a defensive struggle justified only against aggression or persecution.
- Jus in Bello (Conduct in War): The episode provides a detailed look at the principle of distinction, documenting how the Prophet Muhammad and early Caliphs explicitly prohibited the targeting of women, children, the elderly, and clergy. We evaluate how the deliberate killing of civilians and mass hostage-taking on October 7 violate these "inviolable norms," which are grounded in divine command rather than military reciprocity.
The discussion further covers the prohibition of using human shields (tatarrus), the requirement for humane treatment of prisoners, and why major Islamic institutions like Al-Azhar and the signatories of the Amman Message have not endorsed Hamas's conduct. Ultimately, we reflect on how promoting international humanitarian law (IHL) in Muslim-majority contexts can be achieved by reviving these neglected aspects of Islamic tradition.
Analogy for Understanding: Evaluating Hamas through classical fiqh is like judging a player in a modern sports tournament by the original, sacred rulebook of the game. Even if the player claims they are playing for the "true spirit" of the sport, if they ignore the referee’s authority and break foundational rules—such as attacking the spectators—they are no longer playing the game as it was designed, regardless of their stated motivations.
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By Iqbal AkhtarIn this episode, we undertake a rigorous examination of the October 7, 2023, Hamas assault on Israel through the lens of classical Islamic jurisprudence (fiqh). While Hamas invokes religious doctrines such as jihād to justify its military operations, many scholars argue that its tactics represent a political manipulation of religion rather than authentic practice.
Drawing on the research of leading scholars like Ahmed Al-Dawoody, Karima Bennoune, and Nesrine Badawi, we explore two critical dimensions of Islamic war law:
- Jus ad Bellum (The Right to Wage War): We discuss why classical jurists traditionally required legitimate political authority (such as a state ruler) to declare jihād, a condition Hamas lacks as a non-state actor. We also examine the scholarly consensus that jihād is fundamentally a defensive struggle justified only against aggression or persecution.
- Jus in Bello (Conduct in War): The episode provides a detailed look at the principle of distinction, documenting how the Prophet Muhammad and early Caliphs explicitly prohibited the targeting of women, children, the elderly, and clergy. We evaluate how the deliberate killing of civilians and mass hostage-taking on October 7 violate these "inviolable norms," which are grounded in divine command rather than military reciprocity.
The discussion further covers the prohibition of using human shields (tatarrus), the requirement for humane treatment of prisoners, and why major Islamic institutions like Al-Azhar and the signatories of the Amman Message have not endorsed Hamas's conduct. Ultimately, we reflect on how promoting international humanitarian law (IHL) in Muslim-majority contexts can be achieved by reviving these neglected aspects of Islamic tradition.
Analogy for Understanding: Evaluating Hamas through classical fiqh is like judging a player in a modern sports tournament by the original, sacred rulebook of the game. Even if the player claims they are playing for the "true spirit" of the sport, if they ignore the referee’s authority and break foundational rules—such as attacking the spectators—they are no longer playing the game as it was designed, regardless of their stated motivations.