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31 German Y.B. Int'l L. 307 (1988)
Islamic Ambivalence to Political Violence: Islamic Law and International Terrorism

handle is hein.journals/gyil31 and id is 308 raw text is: Islamic Ambivalence to Political Violence: Islamic Law and International Terrorism* By Abdullahi Ahmed An-Na'im From a formal point of view, it can be said that Islamic law prohibits all violence except in official punishment for crime, strict private self-defence or against combatants in formally declared legitimate war as regulated by law. Islamic reli- gious ethics emphasize orderly and peaceful social relations and condemn clandes- tine violence against defenceless victims. However, there are certain ambiguities in the notions of self-defence and legitimate war, especially as seen in light of certain precedents in Islamic history. Moreover, some Islamic sources appear to sanction direct action and self-help. These latter mentioned ambiguities and sources con- tribute to creating a degree of ambivalence in Muslim attitudes and practice in relation to political violence and terrorism as defined, and to some extent distin- guished, in this essay. It is obvious that none of the above is peculiar to Islam and the Muslims since almost all major historical, religious and cultural traditions reflect similar ambiva- lence. Nevertheless, the strong association between religion and political action in Islam makes it particularly important to address these questions in the present Muslim context. This association has been dramatically emphasized by recent demands for a greater role for Islam and Islamic law in public life throughout the Muslim world. In other words, historical Islamic religious values and legal norms seem to have a greater impact on the current attitudes and practices of Muslims than appears to be the case with other historical religious and cultural traditions. To the extent that this is true, it would be useful to work with Islamic sources and arguments in order to repudiate the basis of political legitimacy and psychological motivation for political violence and terrorism in the Muslim context. The focus of this article on political violence and terrorism in the Muslim context should not be seen as assuming or implying that these phenomena have a peculiar association with Islamic values and norms. In view of the brief historical and comparative background offered in the first section of this article, it would be * This article was prepared under a grant from the Woodrow Wilson International Center for Scholars, Washington, D.C. The statements and views expressed herein are those of the author and are not necessarily those of the Wilson Center. While at the Center, I have also received financial support from the John D. and Catherine T. MacArthur Foundation. I am grateful for the useful comments and suggestions made by Ms. Laura Cooley on the earlier draft of this article.