jihad and the islamic law of war - The Royal Islamic Strategic ...

question 4
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whatare the five basic rights of islamic
law, and how do they relate to war?
the question of protecting religion in war is a
crucial one, for indeed he law of war in Islam is a subset of
all Islamic law (the Shari‘ah), and as such it must conform to
the principles of that encompassing law. Jurists of the
(overwhelming majority) orthodox tradition have, in codifying
the law, identified those fundamentals which the law
must protect and which Muslims cannot violate.These are
usually called “The Aims of the Law” (maqasid al-shari‘ah),
but in effect they amount to the Five Basic Rights. They
are: (1) Religion; (2) Life; (3) Mind; (4) Honor; (5) Property.
Muslims have always understood the value of the outward
(the restrictions and prohibitions of the law) to derive ultimately
from its protection of the inward (the human
being’s relationship with God and his own true nature),
hence the traditional place of religion as the first Basic
Right before the law. It is one reason why the Prophet
placed the remembrance of God above all other acts. Yet
Islamic law, and ipso facto the law of war, must take into
account the other Basic Rights. The Right to Life includes
safety from murder, torture, terror, and starvation. The
Right to Mind encompasses the Islamic prohibition of
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