Muhammad Munir

The Layha for the Mujahideen : an analysis of the code of conduct for the Taliban fighters under Islamic law

The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic law and international humanitarian law. The author argues that many of the Taliban rules have only a limited basis in, or are wrongly attributed to, Islamic law.

Suicide Attacks and Islamic Law

Suicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be commiting at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of the enemy soldiers and civilians, committing suicide and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.

Implementation of the Polluter Pays Principle or Economic Approaches to Pollution: Command and Control, Taxes/Charges, and Tradable Discharges Permits (TDPS)

This work presents an economic analysis of the issues surrounding pollution and the pollution pays principle (PPP) such as the conflict between economics and ecology, externalities, internalization of external costs, solutions to externalities, the economic instruments as recommended by the OECD and the European Union (EU) and their economic analysis. It describes the traditional way of reducing pollution, i.e. ‘command and control’ or CAC and the various economic instruments, i.e. emission charges and tradeable discharge permits or TDPs, overlapping between the PPP and the User Pays Principle (UPP) and the Victim Pays Principle (VPP).

History and Evolution of the Polluter Pays Principle: How an Economic Idea Became a Legal Principle?

This work traces the history of the polluter pays principle (the PPP) in the early economic literature from 1920s. The OECD recommended the PPP as the ‘Guiding Principle Concerning the International Economic Aspects of Environmental Policies’ in 1972. In 1973 the Council of the European Communities approved the First Program of Action on the Environment and the PPP was made one of the principles of the Community environmental policy. The PPP has been mentioned as one of the principles in many regional and international conventions. Thus, the polluter pays principle is one of the most efficient principles of environmental policies.

The Causes of War in Islam: Infidelity or the Defence of Faith?

This work argues that the cause(s) of war in Islam is never the elimination or subjugation of infidelity or the bringing of the whole world under the supremacy of Islam; rather it is to defend Islam and Muslims from external attacks. This work shows that the evolutionary theory of warfare in Islam cannot be sustained and must be rejected. Thirdly, it demonstrates that the global jihadhists have declared a war of “absolute destruction” which is totally contrary to Islam. Fourthly, it is argued that the Qur’anic verses on qital (fighting) have mostly been read out of context, misunderstood and misinterpreted. Fifthly, this work attempts to refute the perpetual war theory and asserts that hostile relations between the Muslims and non-Muslim communities are exception to the normal relations that are peace. Sixthly, the theory of the division of the world into two domains - Dar al-Harb and Dar al-Islam - must be understood in the context for which it was devised by the fuqaha (Muslim jurists). Seventhly, this work finds inconsistencies and self-contradictions in the jihad theory explained in some classical treatises of Islamic law. Finally, this work evaluates the jihadi theories of four prominent Pakistani scholars.

Is Zina bil-Jabr a Hadd, Ta‘zir or Syasa Offence? A Re-Appraisal of the Protection of Women Act, 2006 in Pakistan

Th is article briefly discusses the various laws passed by the regime of President Musharraf (1999–2008) to relieve the plight of helpless Pakistani women and analyses the PWA from a legal, rather than a political, perspective. It scrutinizes the criticism of leading ʿulama, such as Justice (r) Taqi Usmani, Muft i Muneebur Rahman, Moulana Abdul Malik, and Hasan Madani; considers the position of women rights groups about the PWA; discusses the claim of the government that the Act is compatible with the Holy Qur’an and the Sunnah and discusses the changes introduced by the PWA. It also discusses various lacunas that are left unaddressed by the Act and many legal questions that might crop up in the course of its implementation and interpretation by the courts.