Comparing Islamic And International Laws Of War Presented by: Ms. Salaymeh Date: November 9, 2921 Orthodoxy, 'Heresy,' And Secularization In The Category Of Civilians - - Legal issues • The definitions of civilian and combatant • The principle of distinction Legal actors • Al-Qāʻidah (aka al-Qaeda) • The U.S. military Orthodox Law - - Orthodox, medieval Islamic • Civilians consists of women and children who are not involved in combat • The intentional targeting of civilians is prohibited Orthodox, modern international • Civilians are those who do not participate in hostilities • Principle of distinction prohibits targeting those not directly involved in hostilities "Heretical" Law? - Islamic: al-Qā'idah • Rejects the orthodox category of civilians by expanding combatants to include all citizens • - Rejects orthodox prohibition on intentionally killing civilians International: U.S. military • Expands the orthodox category of combatants to include:  Non-essential support and  Not currently involved in combat • Dismisses orthodox target verification principle Legal Traditions - - Islamic • Scripture • Oral law • Authoritative opinions • Customary practices Secular • State or international legislation • Admin regulations • Court judgments Critical & Decolonial Approach To Secular Law - Salaymeh, Lena. "The eurocentrism of secularism." West Windows (14 September 2020 • Secularism is not neutral; secularism was shaped by its historical beginnings in early modern Western Europe • Despite geographic and temporal particularities of secularism, there are identifiable patterns in secular ideology and secular state practices • Secularism is widely recognized as shaping modern governance Shared Legal Reasoning - The identification of war as an obligatory form of self-defense because of exigent circumstances - The claim that "combatants" is a broader category than defined by orthodox law because of the enemy's "new" war practices - The avoidance of orthodox legal definitions of civilians Secular Legal Reasoning - There are no civilians, there are only probable combatants • Modern nation-state is centripetal force; law in service of the state • Secular law delineates ethics • Secular law constructs "religious law" as a legal code Coloniality Of Secular Law: A Historical View - Just as differentiating between warfare and anti-colonial violence served colonialism, distinguishing between war and armed conflicts with non-state groups frequently serves neo-colonialism. - Neo-colonial military occupations (or "interventions") are colonial wars against civilian populations.