Arguing the Just War in Islam - PDF by ProQuest


In 1993, he published Islam and War: A Case Study in Comparative Ethics, one of the first and clearest expositions ever to compare Islamic thought about just war with the dominant European, Christian, and international law models familiar to American scholars and lawyers. Kelsay reviews the arguments of a number of Islamic reformers who are attempting to reinterpret Islam in such a manner as to make it more compatible with pluralist democracy and equal human rights for all regardless of religious affiliation, etc.

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									of conflict that witnesses states of consent facing off against nonstates of nonconsent.
The latter promote dogma and theocracy in lieu of sovereignty and secularism.
          In Terror and Consent, the author observes with percipience that “it is be-
coming increasingly apparent that al Qaeda is not only a reaction to globalization,
but that it is a manifestation and exploitation of globalization” and that “this looming
intersection of an innovative organization and a novel means of terror will require a
fundamental rethinking of conventional doctrines in international security and foreign
policy.” The same factors that facilitate the evolution of nation-states into market states
devoted to maximizing the opportunity of individuals also permit the evolution of ter-
rorism by increasing the vulnerabilities of democratic societies, thereby jeopardizing
the notion of consent as the key component of state legitimacy. With the emergence of
al Qaeda and the accelerated internationalization of terrorist networks, Bobbitt posits
that terrorism has “become the extension of diplomacy by other means.” The author
also notes, as have others, that counterinsurgency and counterterrorism are now con-
flated. In this sense, al Qaeda and its affiliated movements are orchestrating a revolu-
tion within a revolution because they perpetrate acts of terror to foment insurrection
and overthrow the regimes of near enemies, while at the same time they undermine the
Westphalian system of states and the United States, the de facto leader of the system.
          Bobbitt ultimately prescribes a strategy of “preclusion” whereby the United
States and like-minded allies would apply a full range of military and nonmilitary
instruments “to preclude hostile acts and the development of capabilities in hostile
hands.” Such capabilities once acquired are unlikely to be voluntarily surrendered and
are more likely to be employed against the populations of America and its partners. He
advises that the central doctrine for states of consent and legitimacy should be “pre-
clusion,” the aim of which is to protect civilians and their duly elected or appointed
officials, so that “the political development of governance based on consent can take
place outside a climate of terror.” This doctrine of preclusion will stress the tenets of
moral rectitude, credibility, and the protection of civilians. The author’s perspective on
protecting civilians is a broad one that encompasses the protection of civilian popu-
lations around the globe that may be subject to threats by terrorists, WMD, natural
catastrophes, and even actions that any government may undertake that are inconsis-
tent with domestic and international law. In the end, one of the real risks that Bobbitt
consistently accentuates in this excellent book is the possibility that the democratic
states of consent will change into states of terror by reacting to terrorist attacks in such
a ma
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