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By Juan Cole | (Informed Comment) –

Dzhokhar Tsarnaev, 21, has been convicted on all counts in the Boston Marathon bombings.

Dzhokhar and his brother Tamerlan were from a mixed Chechen and Avar family. Dzhokhar was born in Kyrgyzstan, a Central Asian republic that had been part of the Communist Soviet Union. Being from a Soviet background, the Tsarnaevs were probably originally more or less atheists, whatever they said later. Even Soviet Muslims from the Caucasus and Central Asia who identified as “Muslims” mostly did so before the 1990s as a matter of ethnicity, not piety. Most Soviet Muslim men drank copious amounts of vodka. Few knew how to pray in the Muslim manner with prostrations. Being deracinated appears to have left the Tsarnaev boys open to the blandishments of radical Muslim cults on the internet. But there was even so not much recognizably Muslim in their style of life.

It is worthwhile reprising on this day my 2013 posting on the ways that the Tsarnaevs broke Muslim law, which I’ve very slightly revised:

1. Terrorism is above all murder. Murder is strictly forbidden in the Qur’an. Qur’an 6:151 says, “and do not kill a soul that God has made sacrosanct, save lawfully.” (i.e. murder is forbidden but the death penalty imposed by the state for a crime is permitted). 5:53 says, “… whoso kills a soul, unless it be for murder or for wreaking corruption in the land, it shall be as if he had killed all mankind; and he who saves a life, it shall be as if he had given life to all mankind.”

2. If the motive for terrorism is religious, it is impermissible in Islamic law. It is forbidden to attempt to impose Islam on other people. The Qur’an says, “There is no compulsion in religion. The right way has become distinct from error.” (-The Cow, 2:256). Note that this verse was revealed in Medina in 622 AD or after and was never abrogated by any other verse of the Quran. Islam’s holy book forbids coercing people into adopting any religion. They have to willingly choose it.

3. Islamic law forbids aggressive warfare. The Quran says, “But if the enemies incline towards peace, do you also incline towards peace. And trust in God! For He is the one who hears and knows all things.” (8:61) The Quran chapter “The Cow,” 2:190, says, “Fight in the way of God against those who fight against you, but begin not hostilities. Lo! God loveth not aggressors.”

4. In the Islamic law of war, not just any civil engineer can declare or launch a war. It is the prerogative of the duly constituted leader of the Muslim community that engages in the war. Qur’an 4:59 says “Obey God and the Messenger and those in authority among you.” Nowadays that would be the president or prime minister of the state, as advised by the mufti or national jurisconsult.

5. The killing of innocent non-combatants is forbidden. According to Sunni tradition, ‘Abu Bakr al-Siddiq, the first Caliph, gave these instructions to his armies: “I instruct you in ten matters: Do not kill women, children, the old, or the infirm; do not cut down fruit-bearing trees; do not destroy any town . . . ” (Malik’s Muwatta’, “Kitab al-Jihad.”)

6. Terrorism or hirabah is forbidden in Islamic law, which groups it with brigandage, highway robbery and extortion rackets– any illicit use of fear and coercion in public spaces for money or power. The principle of forbidding the spreading of terror in the land is based on the Qur’an (Surah al-Ma’ida 5:33–34). Prominent [pdf] Muslim legal scholar Sherman Jackson writes, “The Spanish Maliki jurist Ibn `Abd al-Barr (d. 464/ 1070)) defines the agent of hiraba as ‘Anyone who disturbs free passage in the streets and renders them unsafe to travel, striving to spread corruption in the land by taking money, killing people or violating what God has made it unlawful to violate is guilty of hirabah . . .”

7. Sneak attacks are forbidden. Muslim commanders must give the enemy fair warning that war is imminent. The Prophet Muhammad at one point gave 4 months notice (Q. 9:5).

8. The Prophet Muhammad counseled doing good to those who harm you and is said to have commanded, “Do not be people without minds of your own, saying that if others treat you well you will treat them well, and that if they do wrong you will do wrong to them. Instead, accustom yourselves to do good if people do good and not to do wrong (even) if they do evil.” (Al-Tirmidhi)

9. The Qur’an demands of believers that they exercise justice toward people even where they have reason to be angry with them: “And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.”[5:8]

10. The Qur’an assures Christians and Jews of paradise if they believe and do good works, and commends Christians as the best friends of Muslims. I wrote elsewhere, “Dangerous falsehoods are being promulgated to the American public. The Quran does not preach violence against Christians.

Quran 5:69 says (Arberry): “Surely they that believe, and those of Jewry, and the Christians, and those Sabeaans, whoso believes in God and the Last Day, and works righteousness–-their wage waits them with their Lord, and no fear shall be on them, neither shall they sorrow.”

In other words, the Quran promises Christians and Jews along with Muslims that if they have faith and works, they need have no fear in the afterlife. It is not saying that non-Muslims go to hell– quite the opposite.

When speaking of the 7th-century situation in the Muslim city-state of Medina, which was at war with pagan Mecca, the Quran notes that the polytheists and some Arabian Jewish tribes were opposed to Islam, but then goes on to say:

5:82. ” . . . and you will find the nearest in love to the believers [Muslims] those who say: ‘We are Christians.’ That is because amongst them are priests and monks, and they are not proud.”

So the Quran not only does not urge Muslims to commit violence against Christians, it calls them “nearest in love” to the Muslims! The reason given is their piety, their ability to produce holy persons dedicated to God, and their lack of overweening pride.

(For a modernist, liberal interpretation, see this pdf file, “Jihad and the Islamic Law of War.”