Use of Force by Muslim State: A Comparative Study of Contemporary International Law

Authors

  • Dr. Hamidullah Lecturer, Faculty of Shari'ah & Law, International Islamic University, Islamabad.

Keywords:

Use of Force, Muslim, Contemporary International Law, self-defense.

Abstract

Muslim International Law as well as Contemporary International Law allows the Use of Force If a justified cause of war is there. If there is no justified cause of war then the division of the world into different parts does not necessarily create hostile relations between Muslim and non-Muslim states, the notion that MIL does not recognize the co-existence of the non-Muslim state is not compatible with reality.  All People are divided based on ideology into two kinds, namely, Muslims and non-Muslims which are two different nations. However, division based on ideology does not create hostility between Muslims and non-Muslims. Only aggression empowers the Muslim state to use power against the aggressor. The aggression against the Muslim state is either from Muslims or non-Muslims and it may be from the internal or external side. The properties, honor, and blood of the inhabitants of the Muslim state are protected irrespective of their faiths. Conversely, those humans who live beyond the territorial jurisdictions, their properties, honor, and blood are not protected by the Muslim state. Muslim state is bound to use Force for the protection of its inhabitant's rights and is not bound to use Force for the protection of those who live beyond the territorial jurisdiction of the Muslim state. On the other hand, Contemporary International law (CIL) also cognizes the use of Forces for the territorial integrity, and political independence of any nation-state, and the objectives of the United Nations Organization. In case of an armed attack, CIL gives the right of self-defense to the affected state. Similarly, CIL gives authority to the UN Security Council for “Collective Use of Force”. The "Collective Use of Force" by the Security Council does not deprive the right of Self-defense of the affected state. This means that the affected state can be defended by using the right of self-defense as well as the right of Collective Use of Force. CIL also empowers the Security Council to use the right of a pre-emptive attack in dire need and if international peace is endangered.

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Published

13-03-2024

How to Cite

Dr. Hamidullah. (2024). Use of Force by Muslim State: A Comparative Study of Contemporary International Law. INKISHAF, 4(11), 52–71. Retrieved from https://inkishaf.org/index.php/home/article/view/366

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