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Debate Rising on Participation of U.S. Muslims in War Against Other Muslims
By Ayesha Ahmad and Neveen A. Salem
WASHINGTON, Oct. 23 (IslamOnline) - Questions surrounding the participation of American Muslim soldiers in the war have sparked intense debate among U.S. and Middle Eastern/ Muslim scholars and laypeople.
The main issue concerns the basic tenet in Islam, which argues that a Muslim fighting against or killing a fellow Muslim constitutes
kufr, or disbelief.
But what if a Muslim happens to be in the American armed forces? What if he or she is required to serve their country, and fight against those who attack it, even if those people happen to be Muslim? Should he or she become a conscientious objector?
A well-known American Muslim journalist stated his own position this week on an edition of National Public Radio's program, "All
Things Considered."
"This may very well be my country," said Askia Muhammad, "but this is most certainly not my war."
Muhammad said he is "not by any means a self-hating Muslim," or an "unpatriotic fifth columnist". He asserted that he does not back alleged terrorist groups or support the Bush Administration's war against Afghanistan.
The question of allegiance, said Muhammad, is always tough in a "difficult political environment."
"The irony of the Gulf War is that the only two men who were convicted of becoming conscientious objectors were Muslims who declined to fight against a Muslim country," he said.
Muhammad said that the significant presence of Muslims in the U.S. military should raise awareness among policymakers about "the sensitivity that would be in the heart of the American Muslim soldiers."
"No one can recommend treason or mutiny and those who are in the military must discharge their duties," said Muhammad, "but they must not surrender their souls or their conscience in that process.
"I would always be reluctant to tell Muslims to fight against other Muslims. I think in this case the tendency is more to prove our patriotism rather than to vanquish what we consider to be a real enemy or a real threat to us."
Some Muslim scholars recently issued fatwas, or Islamic legal rulings, concerning the permissibility of Muslims fighting in the war in Afghanistan.
"Well, I don't care what the Muslim scholars say," Muhammad said. "I believe, as one who has declared himself to be a righteous Muslim, that I should not participate in any wars which take the lives of humans. I do not believe that this nation should force me to participate in such wars."
A specific fatwa Muhammad referred to was issued on September 27, in response to a question posed by a U.S. Army Muslim chaplain. At an October 11 press conference of the American Muslim Council, Dr. Taha Jaber Alalwani, the president of the Fiqh Council of North America, and Sheikh Muhammad al-Hanooti, a member of the Council, spoke in order to "clarify" the
fatwa for the press.
The two scholars emphasized the obligation of American Muslim soldiers to serve their country, combat terrorism, and to abide by the laws of the country they have chosen to live in.
The scholars, however, said that any Muslim soldiers who feel that they cannot Islamically, or in good conscience, participate in this war, the have the right to refuse to fight. Those who do refuse, added the scholars, must "realize, of course, that they may be administratively separated from the military as a result of their choice."
A Washington Post article on the same day, October 11, said the scholars had ruled that "Muslims serving in the U.S. armed forces have a
duty [emphasis added] to fight for their country even if it means combat against other Muslims." This interpretation was re-emphasized in a press release by the Washington D.C.-based Islamic Institute.
A column in the Post by Marc Fisher on October 16, questioned why some Muslim students felt ambivalent about their country. Fisher writes that "several leading American Muslim clerics issued a legal opinion last week stating that Muslims are obliged to abide by U.S. law 'and should stand together with other Americans to protect the security interests of their country,' according to the American Muslim Council."
When interviewed this week by IslamOnline about the fatwa, Alalwani reiterated that Muslim soldiers had the right to become conscientious objectors to a war if they feel it is unjust. But he did not give a specific ruling on U.S. Muslims fighting in the war against Afghanistan. Hanooti, however, said that Muslims can fight in the war only as long as they have "legitimacy" for doing so. He said this legitimacy may be determined by a judicial indictment of those against whom war is being waged. In the case of Afghanistan, Hanooti added this was something "we do not yet have."
Both emphasized that the Fiqh Council ruling was only one legal opinion that "does not stand as an ultimate religious order." Without proof of guilt, they could not issue a
fatwa specifically dealing with the case of Muslims fighting in this war.
However, the Fiqh Council's fatwa, which is available on the website of the Islamic Institute, said that "it's acceptable - God willing - for the Muslim American military personnel to partake in the fighting in the upcoming battles, against whomever their country decides has perpetrated terrorism against them."
The fatwa also stated that it is "not permissible" for an American Muslim soldier to request to serve in non-combatant roles in order to avoid fighting Muslims if such a request "raises doubts about their allegiance or loyalty, casts suspicions, present them with false accusations, harm their future careers, shed misgivings on their patriotism," alluding that the soldier's first duty is to his or her American allegiance.
It goes on to say that if a soldier is required to fight - if he or she can't get out of a combat position - then he or she "must perform his duty in this fight despite the feeling of uneasiness of 'fighting without discriminating,'… It's not his concern what other consequences of the fighting that might result in his personal discomfort… even if fighting causes him discomfort spiritually or psychologically, this personal hardship must be endured for the greater public good."
Fatwas from several other scholars, including Sheikh Yusuf al-Qaradawi deal with the soldier's situation from a different angle.
Qaradawi said that a soldier should "avoid direct confrontation" and request other service as much as possible. This position contrasts the Fiqh Council's emphasis on the non-permissibility of making such requests under various restrictions.
He also said that a Muslim soldier should [emphasis added] feel strongly about being asked to combat other Muslims.
"Even while participating in such a war, a Muslim should have an innate feeling of resentment, as it is the case of the true believer who has no means to rectify the abominable by his hands or his tongue, yet he expresses his disapproval by showing innate resentment, which is the least of faith," Qaradawi stated.
And Sheikh Faysal Mawlawi, vice chairman of the European Council for Fatwa and Research, said that if a soldier is able to request a non-combatant role, then he or she is "obliged" to do so. He added that "if the American Muslim soldier has no choice but to take part in a direct military actions against his fellow Muslim brothers, then he is considered overwhelmed beyond limit, and he will bear the responsibility of his choice both in this world and in the Hereafter."
Mawlawi's fatwa also states that. "We can not say that the American Muslim soldier is required to give his citizenship [as an American] priority over Islamic belonging."
But, he added, that the ultimate decision lies with the soldier, as he or she is the only one who knows which decision will have what impact on his or her life.
Dr. Ahmad Ar-Raysouni, professor of Shari`ah at Moroccan Universities, said that the Bush Administration will probably "appreciate the attitude of Muslims and will avoid pushing Muslims forward to kill their fellow brothers."
Ar-Raysouni said that Muslim American soldiers "should decline and apologize" if they are called upon to fight other Muslims in a war.
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