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ISIS is an organization that used various means to establish a new state in the region that we know today, as Iraq and Syria. This organization wants to expand its power to the rest of the world, bringing shariah law by the way of Jihad. Before, this organization consisted of the state of Iraq only, however when Syria was undergoing a ‘war’, it eventually joined the Islamic State of Iraq (ISI). After that, its name become Islamic State of Iraq and Syria. ISIS was formerly an Iraqi ALQAEDA organization, which later changed its name to ISIS. Initially, ALQAEDA was just a small group that formed by Osama Bin Laden, to protect Afghanistan from the Soviet Union.
The Jihad of ISIS militant is clearly against with the teaching of Islam. Iraq and Syria (ISIS) or the Islamic State of Iraq and the levant (ISIL) are a series of Salafi Jihadi movements in Iraq which initially consisted of three jihadist organization, namely the Ansar al-Islam which consists of the Salafi Jihadi group of Iraq who formed their own filed of ‘Islamic rules’ and practice of orthodox and radical Islam. Second, the Mujahideen group that originated in Jordan to declare Iraq themselves as ‘Jamaah al-Tawhid wa-Jihad’ under the leadership of Abu Mus’ab al Zarqawi who migrated to Iraw to launch jihad against US military occupation of Iraq. Third, ALQAEDA who migrated from Afghanistan as a result of US attack on Afghan soil after the 9/11 events. Therefore, most of the Ulama’ of Sunni wal Jamaah of the world have warned the Muslim not to be influenced by those group because of their violent ideology and attitude and disbelieving people who do no agree with them and legalizing their blood. ISIS especially, is a Salafi takfiri group that is a group that tends to disbelieve other who does not share the same ideology as them. In fact, they are more extreme because they are willing to kill Muslims who are not in line with the Salafi ideology that followed by them. Moreover, they are killing innocent people and expelling Christians and Yazidi in full tyranny. Thus, the Sunni scholars around the world label this ISIS or ISIL as Khawarij in this modern era and the majority of Ulama’ of Sunni agree on heresy and the misconduct of this group and warn Muslims not to be deceived by all the propaganda of ISIS or ISIL or ALQAEDA.
Jihad, or jihada derived from the word of Arabic are often misinterpreted as the Sabil war (holy war). Moreover, Jihad emphasizes that Jihad is the struggle to do good and to reject injustice, oppression and wickedness from someone or in society. This struggle is a spiritual, social, economic and also political fight. In the perspective of Islam, jihad on the battlefield is the last option and it is subjected to certain conditions. Thus, it can only be implemented by an Islamic state led by the Islamic leaders which is not individual nor groups to defend freedom which include religious freedom. As stated in the Quran, surah al-haj verse 39, “permission (to fight) has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory”. as well as in the surah an-Nisa’:75, “how should ye not fight for the cause of Allah and of the feeble among men and the women and the children who are crying; our Lord! Bring us forth from out of this town of which the people are oppressors! Oh, give us from the presence some protecting friend! Oh give us from Thy presence some defender!” from that, it should be realized that war in Islam does not mean al-harb which is the scorched earth and completely without paying attention to the ethics of humanity, the rules of conduct and manners of war are detailed so that the terns of war in Islamic law are different from terminology in the west.
These are among the rules set by Islam before engaging to the war, do not storm suddenly as it happens in the era of ignorance, thus the Prophet set these rules on the point that attacking the enemy is not allowed to performed before entering the morning. Next, it is forbidden to torture or kill with burn, or to kill with violence (qarl al-sabr) and also forbidden to plunder or rob after the existence of peace. It is forbidden to damage, demolish and make the earth scorched in the arena of war, forbidden to kill prisoners of war and kill the enemy narrowly, forbidden to kill enemy ambassadors and envoys, and forbidden to do mass damage. Such discipline becomes the ethics of self-regulation Islamic fighter based on the example of the Prophet in his activities of Jihad, so that it can be understood that Islam upholds high moral values in war. In Islam, it is not allowed to fight except on people who are hostile to Muslims and commit atrocities. As stated in Quran, Allah said, “fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors.” (Al-Baqarah, (2):190). From the description the rules of war, it can be understood that, war is not the goal in Islam but it is more of a form of defense for protect the Muslim community.
Next, the International Humanitarian Law is a rule that on a humanitarian basis, sets limits for restriction the effects of armed conflict. It protects those who are not involved, or no longer participating in war, and limiting the means and methods of war. This International Humanitarian law is traced based on the rules of ancient civilization and religion. War since time to time, it has been limited to the practice of accepted principles and customs widely. Therefore, the universal coding of International humanitarian la began in the 19th century. Since then, the countries of the world have agreed to accept a series practical rules, based on bitter experience at war. This rule aim to achieve a balance between humanitarian concerns and military needs of a country. Therefore, the international humanitarian law includes the protection against them who is not involved or not actively involved in the battlefield such as the public, medical staff and the religion of the military. It also protects those who no longer take part in the battlefield like wounded soldiers, sunk in the sea during war, sick soldiers and prisoners of war. Therefore, life, dignity as well as physical integrity and the mentality of the protected group must be respected. These people must be legally guaranteed and protected with humanity in all circumstances without distinction and partiality. To be precise, it is forbidden to kill or injure an enemy that has surrendered or unable to resist, those who are sick and injured should be collected and taken care of by the authorities who found them and members as well as medical supplies, hospitals and ambulances must be protected at all times.
And the other one is limiting the means of war especially the type of weapon and war methods such as military tactics. Therefore, international humanitarian law has restricted or banned the use of many types of weapons including explosives, chemical and biological weapons, such as laser weapon that can blind and landmines. Its purpose is to prevent an extreme injury or excruciating misery as well as causing excessive destruction or long-term effects on environment. Therefore, it is to protect society, individuals and public property.
To conclude, Islamic law and international humanitarian law actually have the same purpose with regard to the war where both of them very concerned and defend the human rights. However, due to some irresponsible organization that deviating from the true meaning of jihad and being influenced by extreme thinking which has resulted the Muslims and Islamic law being looked down and thought that Islam is a violent religion by the society.
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