Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks

The suicide attack is an infamous method of warfare mostly associated with Islamic militant groups. While there are numerous aspects from which to discuss this method of warfare from a fiqh al-siyar (Islamic international law) perspective, this article specifically highlights suicide attacks when th...

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Main Author: Fajri Matahati Muhammadin
Format: Article
Language:Arabic
Published: Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang 2020-10-01
Series:Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Subjects:
Online Access:http://jurnal.unissula.ac.id/index.php/ua/article/view/13044
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author Fajri Matahati Muhammadin
author_facet Fajri Matahati Muhammadin
author_sort Fajri Matahati Muhammadin
collection DOAJ
description The suicide attack is an infamous method of warfare mostly associated with Islamic militant groups. While there are numerous aspects from which to discuss this method of warfare from a fiqh al-siyar (Islamic international law) perspective, this article specifically highlights suicide attacks when they disguise as civilians which they often do. Few contemporary jurists discuss this particular aspect of suicide attacks, and even those have mostly missed one issue: it might be an impermissible treasonous deception. This article explores whether suicide attacks disguising as civilians constitutes as an act of treason in fiqh al-siyar. It is found that such method of attack is not in itself treasonous therefore not in itself impermissible. However, suicide attacks disguising as civilians may become treasonous depending on the circumstances. Further, even when it is not treasonous it can be impermissible due to other reasons such as modern International Humanitarian Law (IHL), or maṣlaḥat.
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institution Kabale University
issn 2597-6168
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language Arabic
publishDate 2020-10-01
publisher Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
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series Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
spelling doaj-art-f88ab37519fb4fa3a8f2f1ce1d628e6b2025-02-02T05:33:13ZaraJurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung SemarangUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2597-61682597-61762020-10-014110313110.30659/jua.v4i1.130444868Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacksFajri Matahati Muhammadin0Universitas Gadjah Mada, YogyakartaThe suicide attack is an infamous method of warfare mostly associated with Islamic militant groups. While there are numerous aspects from which to discuss this method of warfare from a fiqh al-siyar (Islamic international law) perspective, this article specifically highlights suicide attacks when they disguise as civilians which they often do. Few contemporary jurists discuss this particular aspect of suicide attacks, and even those have mostly missed one issue: it might be an impermissible treasonous deception. This article explores whether suicide attacks disguising as civilians constitutes as an act of treason in fiqh al-siyar. It is found that such method of attack is not in itself treasonous therefore not in itself impermissible. However, suicide attacks disguising as civilians may become treasonous depending on the circumstances. Further, even when it is not treasonous it can be impermissible due to other reasons such as modern International Humanitarian Law (IHL), or maṣlaḥat.http://jurnal.unissula.ac.id/index.php/ua/article/view/13044jihadislamdeceptionsiyarinternational humanitarian law
spellingShingle Fajri Matahati Muhammadin
Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
jihad
islam
deception
siyar
international humanitarian law
title Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
title_full Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
title_fullStr Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
title_full_unstemmed Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
title_short Limits of deception in Islamic laws of war: the case of civilian disguises in suicide attacks
title_sort limits of deception in islamic laws of war the case of civilian disguises in suicide attacks
topic jihad
islam
deception
siyar
international humanitarian law
url http://jurnal.unissula.ac.id/index.php/ua/article/view/13044
work_keys_str_mv AT fajrimatahatimuhammadin limitsofdeceptioninislamiclawsofwarthecaseofciviliandisguisesinsuicideattacks