Combatants, not bandits: the status of rebels in Islamic law

  title={Combatants, not bandits: the status of rebels in Islamic law},
  author={Sadia Tabassum},
  journal={International Review of the Red Cross},
  pages={121 - 139}
  • S. Tabassum
  • Published 1 March 2011
  • Political Science
  • International Review of the Red Cross
Abstract The Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce… 
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Preface and acknowledgments Introduction 1. Modern scholarship and reorienting the approach to rebellion 2. The doctrinal foundations of the laws of rebellion 3. The historical context and the

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However, they can be targeted if they directly participate in hostilities

    The basis for this obligation is that, even after rebellion, the rebels are deemed to be Muslims

    • Ibid

    The same principle applies to any treaty of the central government with non-Muslims for military support against Muslim rebels

    • Ibn Qudamah, above note 55

    The Muslim Conduct of State, Sheikh Muhammad Ashraf

    • Lahore,
    • 1945

    Arafah al-Dasuqi, Hashiyah ‘ala al-Sharh al-Kabir, ‘Isa al-Babi

    • Cairo, 1934,
    • 1983

    Ibn Qudamah says: 'When rebels appoint a judge who is qualified for the post, his legal position is similar to the judge of the central government

    • Ibn Qudamah, above note 55

    Shari‘at awr Bayn al-Aqwami Qanun ki Roshni mayn

    • Shariah Academy, Gujranwala,
    • 2008