A Critical Exposition of the Popular 'Jihád'/Chapter 9/52

by Moulavi Gerágh Ali

[Sidenote: 52. Justifications of Sofian's alleged murder.]

Among the Arabs the international law of estates in their hostile relations, and the military law and usage of former times, not forgetting to mention the European international law as late as the last century, maintained the broad principle that "in war everything done against an enemy is lawful that he may be destroyed, though unarmed and defenceless; that fraud or even poison may be employed against him; that a most unlimited right is acquired to his person and property."^[1] Every sort of fraud except perfidy was allowed to be practised towards an enemy in war. "I allow of any kind of deceit," writes Bynkershoek, a writer on international law, the successor of Puffendorf and the predecessor of Wolff and Vattel, "perfidy alone excepted, not because anything is unlawful against an enemy, but because when our faith had been pledged to him, so far as the promise extends, he ceases to be an enemy."^[2]

In the case of Sofián there was no perfidy, treachery, or violation of faith, nor was there any permission granted by Mohammad for his assassination. He sent, if it be proved he did (but it is never proved), Abdullah against Sofián who had made every preparation of arms, and who had mustered together several Bedouin tribes to attack Mohammad, to fight and kill him; it was a straightforward course allowed by the usages of the military law. Mohammad had distinctly and expressly interdicted perfidy, deceit and assassination. "Do not," said he, charging his commanders and soldiers on the point of marching for a military expedition, "commit perfidy, and do not mutilate, and do not kill a child."^[3] He also laid down the golden maxim, "Belief is the restraint to assassination. No believer should commit assassination."^[4]

Footnotes

1. Elements of International Law, by Henry Wheaton, LL.D. Sixth edition, by William Beach Lawrence, Boston, 1855; Part IV, Chapter I, p. 374, quoting Bynkershoek; in p. 416, quoting Bynkershoek and Wolff.
2. Ibid, Chapter II, p. 470.
3. The collections of Moslem "Apud" Boreida, vide Mishkat, p. 333.
4. The collections of Abú Daúd in the Book of Jihád, Vol. II, p. 26.