Principles and Regulations Governing Armed Conflicts (Book)

abstract

"Principles and Regulations Governing Armed Conflicts (Jihad)" (in persian:اصول و مقررات حاكم بر مخاصمات مسلحانه (جهاد)) is the sixth volume of the ten-volume series "Political Jurisprudence," written by Abbas Ali Amid Zanjani. This volume builds upon and completes the discussions initiated in the fifth volume. The author explores the principles and regulations of warfare in Islam, the impacts of war, and issues arising after conflict, structured into three main sections and ten chapters. Amid Zanjani asserts that one should adhere to the minimum requirements and necessities in the context of jihad. He emphasizes the use of propaganda to strengthen one's own spirit and deceiving the enemy, and even suggests the potential use of instruments of entertainment. Furthermore, he clarifies that the budget and expenditures related to those whose hearts are to be reconciled are not exclusively designated for zakat and jihad, and he deems the establishment of an intelligence organization to be essential. Amid Zanjani also believes that the ruling jurist (Wali Faqih), as the Commander-in-Chief of the armed forces, is safeguarded from error. The book includes sections that address the legitimacy of the captivity and enslavement of prisoners of war in Islamic jurisprudence, how to handle war spoils, the ban on weapons of mass destruction and nuclear weapons, and the accountability of governments for war crimes.

Book structure

"Principles and Regulations Governing Armed Conflicts" is the sixth volume of the ten-volume series "Political Jurisprudence," written by Abbas Ali Amid Zanjani. The first edition was published in 2006 and consists of 372 pages. This volume serves as a continuation of the discussions presented in the fifth volume. In the fifth volume of the ten-volume series "Political Jurisprudence", Amid Zanjani addresses the nature and types of jihad, while the sixth volume is divided into three sections comprising a total of ten chapters that explore the principles, regulations, and consequences of war from the perspectives of jurisprudence and law: 1. Rules and principles governing Islamic jihad, 2. Consequences of war, and 3. Conclusion of war. In the third and final section of the book, Amid Zanjani provides a historical account of Islamic conquests throughout the history of Islam, without engaging in any jurisprudential discussions. He notes that the ownership status of some territories resulting from these conquests continues to be unclear (pp. 319-332).

Author

Abbas Ali Amid Zanjani (1937 - 2011) was a distinguished author, mujtahid, legal expert, university professor, and researcher in political science. He studied in the religious seminaries of Qom and Najaf under esteemed scholars such as Seyyed Hossein Borujerdi, Seyyed Ruhollah Khomeini, Seyyed Abolqasem Khoei, and Seyyed Mohsen Hakim. His well-known work, a ten-volume series on political jurisprudence, has been reprinted numerous times. Additionally, he had significant political experience, having served as a representative in both the Islamic Consultative Assembly and the Assembly of Experts.

Adhering to the minimum requirements and necessities in Islamic jihad

The first section of the book (chapter 1) begins with military recommendations, and the second chapter focuses on military advice based on Islamic literature. The fundamental principle of these recommendations is that jihad is a sacred act and an act of worship. However, since its purpose is not to cause bloodshed or destruction, it is crucial to adhere to the minimum requirements. Consequently, one should refrain from destruction and waste of property, as well as the demolition of buildings, unless absolutely required, such as in cases where the enemy is utilizing them for defensive purposes. In his discussion, (A.S.) during the Battle of Siffin, which are found in Sermon 65 of Nahj al-Balagha. Following a detailed presentation of the Imam's advice and its implications, he notes that these instructions were designed for hand-to-hand combat in earlier times and with lighter weaponry. Nevertheless, he contends that they continue to be beneficial and inspiring for military experts even in the context of modern warfare and complex weaponry. Additionally, he points out the qualities of those who fight for the sake of God, as depicted in the Quran, asserting that such characteristics ensure that Islamic jihad is free from being associated with expansionism, the desire for dominance, oppression, colonization, exploitation, the accumulation of wealth, territorial invasion, or tyrannical rule (pp. 24-30).

Propagation in jihad serves purposes beyond merely deceiving the enemy

In the Islamic perspective, propagation is regarded as a vital cultural and political tool of jihad, used since the early days of the establishment of the Islamic state. This is reflected in the specific slogans that Muslims proclaimed during battles such as Uhud, Banu Nadir, Hunayn, Ahzab, etc. After recalling this point, the author summarizes the objectives of wartime propaganda from an Islamic viewpoint into five key points, emphasizing that propaganda in Islamic jihad is not merely intended to deceive the enemy or distort the truth: it aims to boost the morale of Muslim fighters, to clarify the goals and nature of jihad operations, to guide the enemy, to attract or repel support, and to fulfill Islam's historical mission of charting the path for future generations. In the author's view, the arrangement of military forces during the conquest of Mecca, which marked the first instance of utilizing military formalities and combat strategies, serves as a clear indication of the significance and application of propaganda in warfare. Furthermore, the methods of propaganda in war are contingent upon the specific circumstances of time and place, necessitating an evolution in wartime propaganda as military operations become more complex and sophisticated (pp. 30-34).

Using the instruments of amusement in war!

Following the Islamic guidelines on war and jihad, Amid Zanjani elaborates in a separate chapter (Chapter Two) on general legal principles, military instructions, mandatory rules and regulations, the call and dissemination of Islam before engaging in battle, the deferral of conflict, benevolence towards enemies, the care of war prisoners, resilience and hard work, and ultimately, the regulations concerning actions forbidden in warfare, all based on jurisprudential and legal perspectives (pp. 35-58). Within the general rulings on jihad, he identifies 33 legal decrees. Furthermore, in the section addressing prohibited actions in warfare, he identifies and presents 48 prohibitions derived from jurisprudential, narrative, and historical sources. Examples of these legal rulings include:

• The expenditure of obligatory Zakat and Fitr Zakat, as well as resources from unknown ownership, votive gifts, and recommended charitable contributions for jihad is deemed permissible.

• The commander and leader of the Muslim community may compel individuals to participate in jihad and may prevent their retreat from the battlefield.

• The use of instruments of amusement and activities that effectively mobilize forces and organize the army is allowed.

• In times of necessity, it is permissible to perform obligatory prayers while in motion and while wearing impure clothing or being in a state of impurity.

• The killing of women, children, the insane, and the elderly is permissible if they are utilized by the disbelievers.

• Fleeing from the battlefield after engagement, even in the face of uncertainty regarding victory, is prohibited.

The relationship between financial jihad and charitable spending

In the context of jihad, it is crucial to not only rely on divine support and trust in God but also to strive for the mobilization of all material and spiritual resources, ensuring their optimal use. The author elaborates that, beyond rationality and experience, Islamic teachings and the Quran establish a direct causal link between jihad and the backing of warfare. There is no alternative to being fully prepared and enhancing various aspects of support. The Quranic directive to prepare and equip the forces, as articulated in the verse «وَ أَعِدُّوا لَهُمْ مَا اسْتَطَعْتُمْ مِنْ قُوَّة» (al-Anfal, 60), is comprehensive in both quantity and quality, governing the principles of jihad. The author also refers to Imam Khomeini's insights on military funding and warfare support, before delving into specific examples of war support, especially regarding military budgets and the mobilization of personnel. Amid Zanjani references Quranic directives on financial jihad and military budgets, organizing them into three categories:

The command to contribute financially for the advancement of jihad: Surah al-Anfal, verse 60, and Surah al-Hadid, verse 10.
The connection between financial participation in jihad and achieving victory: surah al-baqarah verse 195, and Surah al-Anfal, verse 36.
The financial jihad and the associated social and spiritual advantages: Surah al-Baqarah, verse 121, and Surah al-Hadid, verse 10.
The relationship between neglecting financial jihad and hypocrisy: Surah al-Tawbah, verse 54.

He also refers to three Quranic directives for mobilizing forces:

A call for greater unity and solidarity.
Training in military skills and readiness for combat (indirect commands).
Public readiness and the mobilization of reserve personnel (direct orders).

One of the jurisprudential points here is the use of the term «ارصاد» by Islamic jurists, referencing the verse «إِنَّ رَبَّكَ لَبِالْمِرْصٰاد» and the verse «وَ اقْعُدُوا لَهُمْ كُلَّ مَرْصَد». Islamic Jurists have applied the term «مرصد» to volunteer fighters (المطوعه) and the steadfast forces at the front, discussing the payment of their wages (pp. 58-59).

The expansion of the budget and the use of Muallafah Qulubuhum

According to the author, the term Muallafah Qulubuhum (those whose hearts are to be reconciled with), mentioned in the verse regarding the eight categories of zakat expenditures, carries a political and military connotation. Since it is not necessary for zakat revenues to be distributed equally among all eight categories, the allocation for those whose hearts are to be reconciled could serve as a consistent line item in the budget of an Islamic state. After morphological analysis of this concept, he discusses its historical background, citing the Battle of Hunayn as an example where the Prophet Muhammad (PBUH) distributed numerous war spoils among the Muallafah Qulubuhum. Amid Zanjani describes, "reconciling the hearts” as a general rule in Islam, agreed upon by both Shia and Sunni jurists and historians, asserting that its budget is not limited to zakat. He identifies the distribution of war spoils by the Prophet as one of the reasons for this assertion, noting that these spoils fall under the category of khums. Furthermore, Amid Zanjani emphasizes that the Muallafah Qulubuhum is not restricted to the time of jihad; rather, the related budget can always be utilized for the welfare of Islam, the community, and the Islamic system. To elaborate on this topic, he examines the six categories of Muallafah Qulubuhum from the perspective of Shia jurisprudence and the four categories from the viewpoint of Shafi'i jurisprudence, followed by relevant narrations and interpretative opinions (pp. 86-103).

The establishment of an intelligence organization necessary as a preliminary requirement

Amid Zanjani articulates the importance of establishing an intelligence organization for effective jihad management, referencing the practices of the Prophet Muhammad (PBUH) and Imam Ali (PBUH). He substantiates his position with two additional arguments:

The creation of an intelligence organization is an essential prerequisite: If the term «قوة» in verse 60 of Surah al-Anfal is interpreted as military and armament strength, then the acquisition and safeguarding of information can be viewed as a form of military power, thus establishing its necessity and obligation.
The idea of the elimination of war in Islam: According to texts that promote the cessation of warfare, it is possible to attain victory without conflict through specialized political management, with intelligence service serving as the fundamental component.

He further emphasizes that the ultimate objective of intelligence organizations should be aligned with the goals of jihad and the global call of Islam. At the conclusion of the chapter, he illustrates the historical background of the intelligence network within Islamic thought by discussing the roles of «عریف (عرافت)» and «نقیب (نقابت)», referring to them as the "Arif and Naqib Intelligence Network." He draws upon various narrations and the words of Islamic jurists, noting that due to the misuse of these positions by caliphs and rulers, several narrations criticize these roles (pp. 103-118).

The ruling jurist (wali faqih) as the Commander-in-Chief of the armed forces and under special divine protection

According to the analysis of Amid Zanjani, military leadership and organization within the system of Imamate encompasses two primary aspects. On one hand, it is connected to God to ensure that it remains aligned with truth and justice, and on the other hand, it is linked to the people and warriors to avoid self-centeredness, opportunism, and betrayal. Following this introduction, Amid Zanjani contends that military command is conferred upon the Immaculate Imam when he is present, while during the period of occultation, it is the responsibility of the ruling Jurist. He also notes that the ruling Jurist, as the Commander-in-Chief, possesses the same divine and communal ties as the Immaculate Imam, fostering a relationship with the populace that is both faith-based and spiritual, thereby ensuring its consistency and durability. He reiterates, as previously articulated in earlier volumes of the Political Jurisprudence series, that although the ruling Jurist is not infallible, he remains under the unique support and attention of the Divine. To expand on this topic, the author discusses "the human dimension in leadership," drawing from the understanding of humanity as depicted in Quranic verses and traditions. He proceeds to delineate fifteen key principles of leadership within a monotheistic context, which include the principles of wisdom, justice and equity, equality and the repudiation of discrimination, the principle of consultation, respect for thoughts and freedoms, the preeminence of Islamic values, integration within the Islamic doctrines and organization, and being compassionate and kind towards the populace (pp. 119-135).

The legitimacy of the enslavement of prisoners of war in Islamic jurisprudence

The act of capturing prisoners of war is legitimate and widely acknowledged; however, the controversy pertains to the location, timing, and treatment of these captives. Amid Zanjani contends that the location does not play a role in the definition of a prisoner; instead, the crucial factor is the timing, i.e., during wartime. He also notes that the capture of prisoners is only feasible following military operations. Furthermore, according to the teachings of the Quran, the act of taking prisoners is not consistent with the goals of jihad, which should aim to compel the enemy to either defeat or surrender. In cases where the enemy is victorious, taking prisoners may not be helpful. The author also notes that some Islamic jurists categorize prisoners of war into three distinct groups: combatants (male warriors), subjugated individuals (women and children), and the incapacitated, which includes the elderly, the blind, the disabled, and scholars who did not participate in the conflict. He also develops the notion of prisoners of war from the perspectives of Islamic jurisprudence and law, addressing the rights of these individuals within an Islamic framework, including their care, welfare issues, employment and wages, judicial rights, and the observance of the hierarchy among prisoners. The concluding section of the discussion on prisoners of war focuses on the differing opinions among Islamic jurists regarding the ultimate fate of these individuals and their return, the permissibility of enslavement (taking prisoners of war as slaves) in an Islamic state as agreed upon by Sunni jurists, and a discourse on surrender (pp. 185-222). It is noteworthy that the topic of captivity continues in the next chapter of this section of the book, under the title of "Wounded Soldiers" (pp. 223-232).

The notion of war spoils and the related criteria

Taking war spoils is conditionally permitted in Islam; however, it is essential to derive answers to several fundamental questions from jurisprudence.

• Is the legitimacy of taking spoils of war established from the beginning of wart, or are there particular circumstances that must be met?

• Is the termination of taking spoils equivalent to the conclusion of the war, or is it contingent upon a peace agreement and cessation of war?

• Do war spoils pertain solely to movable property, or do they also encompass immovable assets?

• Are war spoils limited to the battlefield, or do they extend to enemy property located elsewhere?

In the section dedicated to war spoils, which occupies a considerable part of the book (65 pages), Amid Zanjani provides answers to these questions, including:

• From a jurisprudential perspective, war spoils must belong to the enemy, and taking questionable properties is not permissible.

• The nationality or residence of individuals does not serve as a criterion for the legitimacy of seizing spoils, as individuals may hold enemy nationality or reside in a conflict zone while remaining neutral.

• Postal shipments and similar items, such as private vessels and scientific cargo, are exempt from being considered spoils.

• Immovable property, (alongside movable properties, prisoners of war, and immovable unobtainable properties like alcohol and pork) constitutes one of the four categories of war spoils addressed by Shia jurists.

He discusses various topics related to war spoils, including the concept of Khums, the distribution of Anfal (fay'), the appropriation of permissible resources, actions taken prior to the division of spoils, cultivated and uncultivated lands acquired through conquest, the ruling on lands obtained without the permission of the Immaculate or during the period of occultation, lands acquired through peace treaties, the methods and criteria for dividing spoils, the Imam's share of the spoils (pure wealth), the expenditures of war spoils, and the renunciation of spoils. He also considers the opinions of Sunni jurists in this regard (pp. 233-298).

When is it considered legitimate to initiate or participate in a war?

Engaging in warfare as a defensive response to an aggressor is considered legitimate, provided that it is compensatory, reasoned and grounded in justice. Furthermore, its continuation must correspond to the nature of the enemy's aggression. The Quran condemns aggression, referred to as «عدوان» while accepting the concept of reciprocal action. The author of the book clarifies that the continuation of a defensive war is condemned if it leads to a new act of aggression. However, if the purpose is to eliminate the aggression and prevent the aggressor from persisting in their actions, it is deemed legitimate. Furthermore, if the war concludes without an impartial tribunal to determine the aggressor and favors the enemy, there exists a legal right to retribution in order to restore justice; this right is similarly applicable to individuals in relation to a debtor, usurper, or aggressor under certain conditions. Ultimately, Amid Zanjani asserts that the collective and global mobilization against aggressors is legitimate from an Islamic perspective. He points to core Islamic values such as the struggle against oppression, the rejection of arrogance, and the importance of cooperation. Furthermore, he identifies the concepts of mutual support, victory, seeking assistance, and participation in the struggle of the oppressed against the oppressors as key tenets of international politics as outlined in the Quran (pp. 299-309).

The prohibition of weapons of mass destruction and nuclear arms

The author of the book asserts that the limitations imposed by Islamic jurists in the definition of jihad, the treatment of non-combatants, the prohibition of the use of brutal weapons and weapons of mass destruction, as well weapons not identifiable by enemy, imply a ban on arms such as chemical, nuclear, incendiary, anti-plant, biological, and microbial weapons, as well as explosive projectiles designed to detonate within the body, cluster bombs, and other forms of destructive and mass-killing weapons (pp. 354-357). In addition to advocating for the prohibition of instruments and weapons of mass destruction, Amid Zanjani highlights the necessity of banning specific warfare methods and tactics. He references the conduct of Imam Ali (A.S.) when faced with the enemy's complete nudity and spitting in his face during the Battle of the Khandaq. He continues to enumerate fifteen instances with brief explanations under the topic of "prohibition of brutal methods". These include: violation of sovereignty and national will, imposition of laws and regulations or religious beliefs, plundering and exploitation of occupied territories, establishment of puppet governments, deprivation of freedoms and disregard for the right to life and human rights, hostage-taking, resettlement of one's own citizens, destruction and waste of public property, and annexation of land (pp. 354-362).

The responsibility of the Islamic government regarding war crimes

Two final issues discussed in the book are the state responsibilities and war crimes within Islamic jurisprudence. Amid Zanjani classifies military responsibility into two primary categories from a jurisprudential standpoint:

• The first category includes issues that are articulated in bilateral or multilateral contracts or international accords, which delineate the types of responsibilities and corresponding punishments. In such cases, the Islamic government is obliged to adhere to these stipulations, as long as they do not conflict with well-established religious tenets or the interests of the Islamic state.

• The second category includes issues that are not explicitly addressed in these contracts but are relevant under Customary international law or are considered offenses from an Islamic perspective. In this context, Customary international law functions similarly to unwritten contractual law, and in instances where actions are deemed criminal or violations under Islamic jurisprudence, the Islamic state is obligated to pursue these matters based on domestic laws to the extent of its capabilities. Consequently, there exists the possibility for unilateral prosecution, trial, and punishment of war criminals by Islamic courts.

Discussing "War Crimes in Islamic Jurisprudence," The author points out 21 instances that are cited in jurisprudential texts. These include actions such as abandoning the battlefield, disobedience to commanders, arson, flooding, deforestation, cutting down the trees and destruction of agricultural lands, the use of biological and chemical weapons, the killing of women, children, religious figures, and civilians, mutilation, conducting ambushes and unfair surprise attacks, urban warfare, the killing of prisoners and wounded soldiers, and assaults on the honor of individuals (pp. 362-372).