KÜLTÜR EVRENİ- UNJVERSE OF CULTURE - BCEREHHA.H KYJlbTYPhl ~

KÜLTÜR EVRENi UN/VERSE OF CULTURE- BCEJIEHHAH KYJihTYPJ,J

Bahar 1 Spİing ( BecHa 2010 · Yıl 1 Year 1 fo.ıx 2 • Sayı 1 Number 1 l!Hcno 6

ÜÇ AYDA BIR YAYIMIANAN ULUSLARARASI HAKEMLI SOSYAL BILIMLER DERGISI

QUARTERLY SOCIAL EDUCATIONJOURNAL SUBJECT TO INTERNATIONAL PEER REVIEW

E>KEKBAPTAJibHblıiı ME>K,D.YHAPOAHblıiı )f(rPHAJI 061.1\ECfBEHHbiX HAYK

ISSN: 1308- 6197

Sahibi 1 Owner 1 Xo3l!IIIH

Hayrettın iVGiN

Kültür Ajans Tanıtım ve Organizasyon Ltd. Şti. - Konur Sokak 66/9 Bakanlıklar-ANKARA Tel: 0090.312 4259353- kulturevreni@gmail.com

Sorumlu Yazı Işleri Md./ Associate Editar

0TBeTCTBeHHbıi1 ceKpeTapb

Erhan IVGiN

Genel Koordinatör 1 Director 1 A111peırrop Erhan iVGIN

Editör / Editar

PyKOBOAIIITeDb pa6oTbl

Ömer ÜNAL

Redaktör /Redacteu r 1 PenaKullln

Doç. Dr. Nezaket HÜSEYNOVA

Yayın Kurulu 1 Edjtorial Board 1 PenKonnerlllıı Prof. Dr. Ali Berat ALPTEKİN•Prof. Dr. Tuncer GÜLENSOY•Prof. Dr. Mehman MUSAOGLU

Prof. Dr. Taciscr ONUK•Prof. Dr. İsmail PARLATIR•Prof. Dr. Saim SAKAOGLU•Prof. Dr. Fikrct TÜRKMEN

Yazısma Adresi 1 Correspondance Adres 1 Aııpec 1113AaTenbcrea

Kültür Ajans Ltd. Şti.

Konur Sokak No: 66/9 Bakanlıklar/ANKARA-TÜRKiYE Tel.: 0090.312 425 93 53 (PBX)- Fax: 0090.312 419 44 43

E-mail: hayrettinivgin@gmail.com- erhanivgin@gmail.com

www.kulturevreni.net

fiYMı / Price 1 CTOIIIMOCTb CTOIIIMOCTb nOAm1CKIII

1 0 TL (Yurt içi / ,!lDl! rpaıt<,llaH Typu111111)

ı S S 1 1 O Euro (Yurt dışı 1 Mll i"paıt<,llaH

.ılPYfiiiX crpaH)

40 TL (Yurt içi 1 Mll rpa>K,IlaH Typuı.ı111)

60 S 1 SO Euro (Yurt dışı 1 Mll rpa>ı<,llaH

Abone Bedeli f Subsciption Price

Baskı Tarjhi/ . .er.e.~ Date

10 Temmuz 2010

~t 1 frgş_f_I_IIInorpadıJ:l.l!. BRC BASlM

,llpyrı-ıx crpaH)

Samanyolu Cad. No: 35 iskit ler/ANKARA

Tel: 0090.312.384 44 54

l<apak Resmi

T. Gensen'in illüstrasyonu, TIKA'nın 199S yılında yayımtadığ ı Manas adlı kitabın

72. sayfasından alınmıştır

KÜLTÜR EVRENİ- UNWERSE OF CULTURE- BCEREHHA.Jl KYilbTYPbl

PRINCIPLES OF INTERNATIONAL ISLAMIC LAW AND ISLAMIC CONFERENCE ORGANIZATION

ULUS LARARASI İSLAM YASALAlU VE İSLAM KONFERANSI ORGANİZASYONUNUN PRENSiPLERİ

ME~O,[(IIhiE HCJIAMCKIIE 3AKOHbl H IIJ;l~I OPr AHII3AD;IIH HCJIAMCKAJI

KOHWEPEHD\IDi

S balıla ZAREE *

Özet

Kur'an, İslam dininin mükemmel bir şekilde kurallannı ortaya koymaktadır. Bu kurallan üçe ayırmak mümkündür. 1. İtikadi hükümler (insan ve Allah'la ilişkiler), 2. Ahlaki hükü.ılıler (insanın huylan), 3. Uygulama hükümleri (insanın Allah, sosyal hayat ve kendisi ile ilişkileri). Sonuncu hüküm fıkıhtır. Fıkıh, ilim, marifet ve bilgi anlamı taşımaktadır. . Fıkıh alimleri bunları "şeriat" olarak adlandırılmaktadır.

Anahtar kelimeler: Uluslararası İslam yasaları, İslam Konferansı (İK.Ö), fıkıh, şeriat ·

Abstract From the viewpoint of Quran, Islam is a complete religious law that includes

three sections of doctrinal regulations (quality of human creation relationship with God), ethical regulations (quality of human's attributes and characters), and practical regulations ( quality of humanistic behavior in relation to God, self, and society). The third section, i.e. practical regulations is referred to as "Fequh" Gurisprudence). "The word "Fequh" literally means science, knowledge, understanding, and intelligence (Fetnat), and idiomatically it is 'referred to as part of "Shariat" (religious law) which is related to human's practical regulations in

' Faculty Member of Islamic Azad University, Astara Brancb, Iran and PhD student of internationallaw in Baku State University

89

KÜLTÜR EVRENi- UNWERSE OF CULTURE- BCEJIEHHAJI KYJih TYPbl

relation to God, self, and other people". When relationship between Fequb and Shariat w as clarified,-the n the pavilion of law in F equh and Shariat should be ma de clear. ·

Key words: international Islamic law, Islamic conference, organization, Fequh Gunsprudence), Shariat" (religious law)

Changes in the world near the end of 20th century and i ts effects, though vague and unclear, on international relationship, has confronted the world with great changes and has settled the humanity on the threshold of modem experiments together with some changing in values, standards, norms, and beliefs. It is clear that the above said phenomena and transitions have undeniable effects on different aspects of human life and human law. Necessity for and interest in studying legal effects due to the rolership of modem Islam - as one of these events - on human beings living at the present age, has been the main cause for the writer in compiling a paper bearing the title " Humanistic Intervention from the Viewpoint of Islami c International Law". ·

The importance of such a research becomes clear when we know that nowadays, contemporary international law is deprived of a compiled rule about humallistic intervention and therefore, Islamic countries as a part of members of legislative power of International Law System, are enjoying appropriate opportunity to exercise their own opinions.

The word "Hoghoog" (law) in Islam is a collective noun and it doesn't exist conveying the concept of a set of obligatory rules in social relationships. But, this doesn't mean that such a concept has not been present is Islam. In other words, in early times Islamic Fequb Gurisprudence) was common instead of the modern phrase of Islamic Law which includes both the modem concept of law and human being's relation with himself and the One God. Regarding the defınition of Fequh (religious jurisprudence) as practical determining orders for human behavior in relation with God, self, and society and distortion of law to search necessary rules for establishing regularity and justice and providing people's prosperity, it should be said that in Islam, law is some part ofFequh (religious jurisprudence). "Because obligatory law rules that undertake society's order, and in other words, determine individual's sOcial relationships, are themselves .some part of Fequh (religious jurisprudence) science". Now it is time to discuss about the phrase "Islami c International Law". Here, two concepts of Islaınic International Law can be considered. The first concept that can tak e p la ce regarding the · contemporary international law, and consequently regarding to its foundations and resources, confronts the phrase Islamic International Law with some kind of contradiction. Because, from one hand, general international law that govems retationships between governments and international organizations, is a set of regulations that are the basis for its obligatory nature or necessities of international life and or the intention ofmembers of international society, and according to article 38 ofaı1icles

90

küLTÜR EVRENi- UNJVERSE OF CULTURE- BCEDEHHAR KY Db TYPbl

of association of international court of justice, its resources are, on the one hand, treaties, customs, and general law pıinciples and on the other hand, adding the word "Islamic" to the phrase· "International Law" and giving Islamic attribute to it expresses the foundation of God's will and human nature, and resources "Quran" and tradition. In other words, in this law we are faced with rules that agreement or satisfaction of the members either don't have any role and or, if they posses it, it should be on the basis of and in the same direction with God's Will. This has caused diversity and differences of opinions in relation to the phrase Islamic International Law among Islamic researchers. But according to the second understanding of the Islamic international law, that the present paper also considers the recent viewpoint, Islamic International Law is a set of Islamic legal principles that should be observed by Islamic countries in regulating their relationships with other countries or subjects (botlı Islamic and non-Islamic) of international law.

Discussion

It should be taken in the mind that there are no phrases such as International Law, Domestic Law, and division !ike these, and in principle Islam contains only one Law (or religious jurisprudence) that some of its judgments and rules are executable only in domestic level (such as the rules concerning family rights) and some others are of efficiency only in international level (such as the ıules conceming peace, war, and diplamatic law), and fınally some other oues are used in botlı domestic and internationallevels (such as treaties, and contnict in general). And it is on the basis of these considerations that researchers classify Islamic law into branches such as domestic, international, private, general and so on. Thus, it can be said that "The whole Islamic Law has been enacted and compiled for the purpose of guiding believers in regulating their life affair in this world. In addition to its fınal aim, its worldly aim is guiding people's lives in their best ways. Therefore, the objective of Islamic International Law is regulating the belıavior of Islami c governor in international relationships in the form of practices w hi ch have been done justly and reasonably." (Amid,l981:12). Despite the lack of the term "humanistic intervention" in Islamic texts, its coiıcept is understandable in Jihad in the way of God and " intervention on the basis of humani sm, or as Islami c scientist refer to, in the way of God, isn't anunknown concept, but it has been introduced as the primary duty for a Muslim". This obligation has been emphasized in most of Quranic Verses and traditions, and it will be discussed in detail in this paper and in chapteı: about foli.ndations and resources of the rule of huınanistic intervention. Verse ill: ll O of the Quran is among such Quranic Verses. It say s 'you are the best of the nations raised up for (the benefıt of) men; you enjoin what is riglıt and forbid the wrong and believe in Allah; and if the followers of the book had believed it would have been better for them; of them (some) are believers and most of them are transgressors'.

Jihad in the way of God is one of the important foundations of Islam and all researchers, botlı Islamic and non-Islamic ones, acknowledge it. Majid K.lıodoori, a

91

KÜLTÜR EVRENi- UNWERSE OF CULTURE- BCEHEHHAH KYHbTYPhl .

Christian Islamist defines Jihad as: 'Juridical and legal meaning of Jihad is bestowing endeavor and spending attempt by the individual in the way of God, i. e. to publicize the faith and propagate the thought of worship of God and elevation of the word "right" in the world and since Jihad is the direct divine way towards the paradise, then reward of the individual is salvation and rescue, and this defınition is according to the ord er of the Quran ... '. Jihad is a great obligation and worship that should be exercised for God's sake and it has been followed by words such as "Gateloo" and "Jaahedoo", and the adverb "fi- sabilellah" (in the way of God" in most of the Quranic Verses. For example, in verse V: 54 of the Quran we read: ' ... they shall strive hard in Allah's way and shall not fear the censure of any censurer; ... ' and the verse LXI: 5 of the Quran says: ' surely Allah loves those who figbt in his way in ranks as if they were a firm and compact wall' (Khodoori,l956: 85).

In order to see bow this tlıeory has practically been put into effect in the early Islamic period, it seems necessary to point some histarical samples.

1. In expressing the place of economic motivations and generally non­perfection-seeking motivations in Islanüc Jihad, one of the propbet's companions · asks him, "some people fight for gaining spoils ofwar, some fight for gaining fame and to ta lk ab out it, ... the who is the man who fights for God's sake? The lıoly prophet said: the man who figbts for · the purpose of God's commandment and religion prevail and gain supremacy over all commandments and regulations have fought for God's sake".

2. In reaction and reply to_ anxiety and complaint of some people canceming the decrease in the amount of poll tax paid in lieu of canversion to Islam due to acceptance ofislam by those having heavenly books, Omar-ibn-Abdolaziz, Islamic govemor, says: " God sent Mohammad (peace be upon him) to be a leader and guide forpeople not to collect tax and property" (Sorel,2001:21) .

3. Following the feeling of lack of ability in providing security for people of Sham against the army ofRome Emperor "Herghel", Abu Obaideh, commander of Islam Army at the age of Omar's Caliphate, gives back the taxes collected from those having heavenly book and addresses Sham people and writes: "we gave back your properties to yourselves because we came to know about the mobilization that had been made against us, we bad promised you to protect you against the enemy and not we aren't able to do so, we gave back to you what we had taken from you, and when ever God helped us to overcome the enemy, then we will act according to what has been written between we and you. Sham people also said prayers and asked God to help them to overcome the enemy and said: "We ask God to retum you back to us and help you overcome the Roman, they would give us notlıing if they were you and would take us all that we possessed" (Ghorbani,l993:479).

Humallistic intervention Islamic legal system, is only for ahatement of injustices and barriers on the way of publication of Islarnic invitation and not a multilateral intervention in affairs related to nations. In such an intervention aggression upon cnıelty system, and not a multilateral aggression and attack on beliefs, customs, morals, and people's religion and language, is under

92

KÜLTÜR EVRENi- UN/VERSE OF CULTURE- BCEJTEHHA.Jl KYDbTYPhl

consideration. In order to achieve the word "right", and comrnunicating it to other nations, Islam takes the advantage of all its attempt and fıghts again:-:t such developments, but it has never"taken the belief imposition for granted, and niıt only gives the right to· those having heavenly books to be free in their own religion and performing .their own religious ceremonies, but gives them freedam in some legal and social problems and their personal status to behave according to their own cu~toms. Also, the infıdels who lack monotheistic belief, despite the fact that such beliefs have strongly been disapproved, reproached, and promised to be punished on the heavenly world, are immune from aggression by Islam unless they involve in exciting disturbances. Practical trend of politicians of early Islamic period also confirms the Islamic feature humanistic intervention, for example, when Zohreh­ibn Abdellah, Islam commander, encounters Rastarn Farrokh Zaad in Quadisiyeh, and recalls him to Islam, oneness of God, prophetic mission of Mo hammad (peace be upon him), freedam of God's servants of being at service of oppressors, and equality of human beings then, Rastarn says: " will you go back If we accept all of these?" Zohreh says: " Yes, by God, then we will not come near your cities unless for trade and or other necessity:" (Motahhari :285).

In principle, humanistic- intervention is a peaceful and unarmed struggle. It is duty for Muslims to guide human beings, correct tbeir beliefs and views to the world, and finally provide good intentions for individuals. Performing this task within the realm of other countries may cause Muslims to be encountered different reactions. If goveming body of aforesaid govemments don't take actions against such an invitation and don't create barriers in this regard and accept it, then Jihad or freedom-giving attempts of Muslims within the limits of "admonishing fellow believers to do right and to avoid sin" will be realized. In other words, primary attempt by Islamic govemment is a propagandistic and invitational attempt and if the aim govemment for these propaganda takes an action to create a barrier on the way of doing this Islamic peaceful obligation, then defensive armed Jihad is necessary.

Conclusion

In order to free an under oppressioiı nation, Islamic govemment intervention is based upon unity of mankind and therefore, the aim of intervention shouldn't necessarily be Muslirns. In most of the Quranic verses w e encounter such a concept that addresses the Muslims and asks them to take steps forward to help people who are oppressed and persecuted. The holy prophet says: "a man who hears that a man calls Muslims for help, and pays not attention to his demand and doesn't help him, then he himself is not a Muslim". In such a teaching it is not a condition for plaintiff to . be Muslim, but any oppressed individual must be supported by Muslims. When, in order to eliminate the oppression and establish the justice, the holy Quran orders believers to fight against other believers who go through the

93

K0LT0R EVREN İ- UN !YERSE OF CULTURE- BCEREHHAJ/ KY Db TYPbl

oppression and persecution way1, then it is clear that· they are asked to fıght in

order to eliminate oppression of any kind, implemented upon any oppressed individual who is not able to repel it. In fact Islamic power is a liberating current that goes forth to repel the oppression of exploitation and to elevate the word "right". In this regard, human beings are not different from each other co n ceming their color, language, race, and even religion because all human beings are equal and are of one origin. It is clear that with such and insight towards the unity and oneness of human society there will be left no place for the co ncepts of ethical and nationalistic belongings, and therefore, wherever the problem of cruelty is brought for discussion - it will not make difference eitber that oppression to be exercised against Muslims or the protected people or others, and also against those who have not entered into agreement with Muslims (and even if those oppressed are the colloquial believers who are oppressors and tyrants) - Islam asks Muslims to make all their attempts in order for repelling such oppressions, in any possible way. In approval to the above subjects Quranic Verses, .traditions, the holy prophet's and Imams' functions, and also early Islamic period wars can be referred to.

In principle, Islam is unity and oneness religion in all affairs of life,- all details of the world, between the hereafter and the physical world, uniqueness in creation of the universe, and among all living things, all human races and generations. Islam's monotheism requires unity of reality, religious law, and humanity. In the God's unity and unity of the world insight all human beings and all people are equal in their essence and permanent struggle of Islam to observe equality and provide human beings' prosperity and basic reality organizes this religion. · Although from the viewpoint of Islam followers of religions other than Islam is considered deviated, but all of the Muslim researchers of International Law are unanimous in a basic canon law related cornmand and any set of Islamic insight emphasizes that believers and non-believers are equal in bearing the hardships and discomforts of this world. So, this liberating Jihad or humanistic intervention is an attempt to realize the word "Allah" and not a compulsion for people to accept Islam. Here, the objective is creating conditions under which all people be able to rescue themselves from oppression and humbleness for the purpose of gaining the full prosperity due to multilateral justice. In this Jihad Islamic government and people are obliged to remove the causes of oppression and free Muslims. In this regard, being Muslim is not a necessary condition for help seekers, because oppressor governments ~on't permit condemned bodies to be acquainted with Islamic teachings.

1 "and if two parties of the believers quarrel, make peace between tb em; but if one of them acts wrongfully towards the other, fight that which acts wrongfully until it returns to Allah's command; then if it returns, nıake peace between tb em with justice and act equitably; ·surely Allah loves those who act equitably (Verse XLIX)

94

KÜLTÜR EVRENi- UNWERSE OF CULTURE- BCEREHHAJl KYJlbTYPhl

REFERENCES

1. Aınid Zanjani, Hojjato.leslam Abbasali, Political Religious Jurisprudence, Amir K.abir, 1st e?ition, vol.2, 1981, pp: 324.

2. Khodoori Majid, Peace and War in Islamic Law, Translated by: Seiyed Gholamreza· Saeedi, Tehran, Iqbal, 1956, pp: 250.

3. Sorel John Mark, International Penal Court, Translated by Masoomeh Seif Afjeh, Quarterly: Foreign Policy No.3, Fa112001, pp: 270.

4. Ghorbani Zein-Al-Abedin, Islam and Human Being's Law, Islamic Culture Publication, Vol.4, 1993, pp: 340. ·

5. Motahhari Ayatollah, Reciprocal Services ofislam and Iran, p.280, pp:280.

95