Introduction 9
however, could be overcome by civil society and the civil contract through which government is created. This then defined the right to wage war.
In the more recent centuries although the“Just War ” theories survive, more emphasis has been placed on rejecting war entirely. Reinhold Niebuhr (1892-1971), however opposed this as too idealistic as it meant shirking one’s role in society and so supported World War [1.2 Pope Pious XII and Paul VI rejected aggressive war while John XXIII was a pacifist .
, from its very inception considered war as an instrument of its holy mission to convert all unbelievers. This is one of the meanings of the term jihad, which also includes the struggle for faith, good works, and proper speech. Mohamed participated in such wars with the unbelievers as recorded in the Qur’an (2:190-93; 4:91-93; 8:39-40; 9:13, 29 etc.) This warfare(dar al-harb) is obligatory and its goal is universal peace when Islam has prevailed religiously and politically. This became the ideal of Sunni Islam . While Shi’ite traditions limit jihad to defensive measures until the return of the hidden Imam. During such warfare, the fate of conquered people was clearly spelled out as for example by Abu Yusuf (798). Their lands and possession now belonged to the conqueror and they had a choice between conversion and death.” Ibn Abi Zayd al-Qayrawani (996) went into additional detail as did others later.
MIDDLE AGES
The great philosopher, Averroes (1198) dealt with the legal obligation to participate in a war, the damage which may be afflicted on an enemy, and the possibility of a truce. He also discussed the aims of warfare and provided a masterful summary of legal obligations. Further details have been added through the centuries, so Ibn Taymiyya , whose writings are both general and legal dealt with specific situations. Al-Hilli (1277) dealt in great detail with the nature of tribute which may be imposed and the type of behavior expected from conquered subjects as well as the reasons for permitting a truce."