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Aman, or reciprocal safety under Islamic law

Monday, December 21st, 2015

[ by Charles Cameron — what eye do you use when there’s more going on than meets the eye? ]
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Twice in one day, a week or so ago, I had reason to look up the meaning of “aman” in Islamic law. My source here was M. Reichberg and Henrik Syse, eds., Religion, War, and Ethics: A Sourcebook of Textual Traditions, p. 307, under the heading Aman (Pledge of Safety):

Aman is a temporary pact of security whereby visitors from an enemy territory were conferred a certain level of protection from hostile acts (on life, liberty, and property) during their stay in the opposing community. Classical jurists agreed such a pact could be granted by Muslims to non-Muslims, and vice versa. Concerning protection given to non-Muslims, the overwhelming majority of jurists agreed that an adult free man may grant aman to a non-Muslim and that such an aman was to be respected by the entire Muslim community. Once granted aman, these non-Muslims were guaranteed protection for the duration of their visit on Muslim territory, and if an imam wished to retract the aman, he was obliged to guarantee protection until the non-Muslim had been escorted away.

Jurists also examined the obligations of Muslims who had been granted aman in a non-Muslim territory. Most agreed that if a Muslim entered enemy territory on the basis of an aman contract granted by non-Muslims, guaranteeing his life and property, this agreement should be mutually respected, such that for the duration of his stay the Muslim would not be permitted to harm the non-Muslim enemies. For example, as later detailed, al-Shafi’i argued that Muslim men whose women and children had been taken captive were not allowed to free them by attacking their non-Muslim captors, if this would entail a violation of an aman agreement. It would be preferable, al-Shafi’i maintained, to ask for a retraction of the aman than to save the captives by its violation.

**

One of the items that sent me scurrying towards this text was a long and fascinating discussion of the Japanese (also German and Italian) internments during World War II, which Michael Lotus opened up on FaceBook. I’m not sure whether this FB convo will be accessible to everyone, but if it is, you will find it here.

The other occasion was a paragraph that caught my eye in Jenny Taylor‘s blog post You cannot fight religion with atheism. I’ll give you the full paragraph for a bit of context, but it’s the remark about the secret covenant that I’m interested in here. Jenny ts discussing the British response to IS and how it will be perceived from different angles:

And I’m not sure I see it the Church’s way either. That’s because none of it has a proper mandate from the people; the people who will inevitably suffer on the streets of London and other cities once the secret ‘covenant’ Britain’s MI6 have had with international Islamists is revoked by what will be seen as a declaration of war. [And if you don’t believe me about that, read Islamic State: The Digital Caliphate just out.]

Abdel Bari Atwan‘s book to which Jenny links is highly regarded by folks such as Peter Bergen, so I went looking for a mention of MI6 in its pages, and found:

Musab Al-Suri confirmed to me that a tacit covenant was in place between MI6 and the extremists…

— after which, he talks about Saudi entities and indivisuals funding al-Qaeda. I was intrigued, and checked in Atwan’s earlier book, The Secret History of al-Qaeda, and read this equivalent but slightly longer passage:

I believe there was an unwritten truce between bin Laden and the Al Saud based on the understanding that so long as al Qaeda did not target the royal family or Saudi nationals, the regime would shut its eyes to the organization’s activities. The truce would have collapsed after 11 September 2001, when the US put enormous pressure on the ruling family to purge itself of terrorists and cut off sources of funding for their activities.

Atwan also quotes Abu Musab al-Suri in his Secret History:

London was the centre for communications between Islamist groups and groups opposed to the governments of their own countries. We maintained communications with jihadi leaders outside Britain, in particular Dr Ayman al-Zawahiri who used to call me regularly and I would take his calls in a telephone box in the London suburbs … John Major’s government was very clever and served the security of Britain and the interests of its people by accepting our truce by which we meant that we would never target Britain … as long as the security forces left us alone … When Tony Blair came to power in 1997 he tore up the unwritten understanding and stabbed the mujahedin in the back by changing the laws and harassing us.

Note that there is no specific mention of MI6 here, and the reference is to an “unwritten understanding”.

This is all hearsay, in fact — Atwan describing al-Suri’s thoughts rather than direct quotes from al-Suri — so I’m left wondering whether anyone actually offered the British a truce, or whether what’s really going on here is that al-Suri mentioned to Atwan that the British were taking advantage of aman protection against jihadists attacking a country (in this case, the UK) which had given them shelter.

Is this secret, tacit and unwritten truce really a truce at all, or just a mutual recognition of the existing limits of warfare under Islamic jurisprudence?

**

Consider in this context how Bin Laden himself chastizes Faisal Shahzad, the Times Square bomber, 9n this excerpt from Letters from Abbottabad: Bin Ladin Sidelined? p.41:

You have perhaps followed the media trial of brother Faisal Shahzad, may God release him, during which the brother was asked to explain his attack [against the United States] in view of having taken an oath [not to harm it] when he was awarded his American citizenship. He responded that he lied [when he took the oath]. It does not escape you [Shaykh `Atiyya] that [Shahzad’s lie] amounts to betrayal (ghadr) and does not fall under permissible lying to [evade] the enemy [during times of war]…please request from our Pakistani Taliban brothers to redress this matter…also draw their attention to the fact that brother Faisal Shahzad appeared in a photograph alongside Commander Mahsud. I would like to verify whether Mahsud knew that when a person acquires an American citizenship, this involves taking an oath, swearing not to harm America. If he is unaware of this matter, he should be informed of it. Unless this matter is addressed, its negative consequences are known to you. [We must therefore act swiftly] to remove the suspicion that jihadis violate their oath and engage in ghadr.

It’s interesting that Dr Fadl, aka Sayyed Imam Al-Sharif, the prominent Jihadist ideologue whom Lawrence Wright terms an “Al Qaeda mastermind” makes a very similar claim in his Refutations, in whichb he retracts his previous suppoort for AQ on grounds of religious law:

Fadl acknowledges that “terrorizing the enemy is a legitimate duty”; however, he points out, “legitimate terror” has many constraints. Al Qaeda’s terrorist attacks in America, London, and Madrid were wrong, because they were based on nationality, a form of indiscriminate slaughter forbidden by Islam. In his Al Hayat interview, Fadl labels 9/11 “a catastrophe for Muslims,” because Al Qaeda’s actions “caused the death of tens of thousands of Muslims—Arabs, Afghans, Pakistanis and others.”

The most original argument in the book and the interview is Fadl’s assertion that the hijackers of 9/11 “betrayed the enemy,” because they had been given U.S. visas, which are a contract of protection. “The followers of bin Laden entered the United States with his knowledge, and on his orders double-crossed its population, killing and destroying,” Fadl continues. “The Prophet—God’s prayer and peace be upon him—said, ‘On the Day of Judgment, every double-crosser will have a banner up his anus proportionate to his treachery.’”

As Hannah Stuart comments in Critiquing Radical Islamist Claims to Theological Authenticity on the respective views of Bin Laden, Dr Fadl and others:

While their interpretations differ, it is testament to the strength of the Islamic obligation to honour an oath that senior al-Qaeda figures view perceived transgressions with such severity.

Two wrongs make a right or wrong — in theory?

Sunday, November 15th, 2015

[ by Charles Cameron — on the (Pythagorean) arithmetic of morals ]
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Extermination_of_Evil_Sendan_Kendatsuba 600

Sendan Kendatsuba, one of the guardians of Buddhist law, banishing evil, Tokyo National Museum

**

What’s right is generally supposed to be positive, while what’s wrong is seen as negative — and as they saying goes, two wrongs don’t make a right.

In effect, that’s saying two negatives don’t make a positive. And if you add them, that’s correct.

But if you multiply two negatives, you get a positive — hunh?

So two wrongs can indeed make a right — that’s the mathematics of vengeance — multiplicative:

And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

— Deuteronomy 19.13

And it is also true that two wrongs don’t make a right — that’s a mathematics that denies vengeance — additive.

And then there’s the mathematics of forgiveness :

Be not overcome of evil, but overcome evil with good.

— Romans 12.21

Patient men, desirous of the Face of their Lord, who perform the prayer, and expend of that We have provided them, secretly and in public, and who avert evil with good — theirs shall be the Ultimate Abode

— Qur’an 13.22

And what’s most interesting to me in all this, is that the mathematical formulations, additive and multiplicative alike, don’t make a feature of time — where as their moral equivalents tend to introduce time into the equation / situation — in each case, it’s the response to evil, real or potential, that is considered.

ISIS: Paganism with an Islamic Face?

Wednesday, October 7th, 2015

[by Mark Safranski, a.k.a “zen“]

“And thou shalt not let any of thy seed pass through the fire to Moloch, neither shalt thou profane the name of thy God: I am the LORD.”

– Leviticus 18:21 

“They rejected the commandments of the Lord … and served Baal. They consigned their sons and daughters to the fire”

– 2 Kings 17:16–17

“And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin”

  – Qur’an 17:31

In a recent comment section conversation with Charles Cameron and RAND scholar David Ronfeldt on the character of Fascism and its resurgence, I remarked that ISIS adopting a Fascist style in its propaganda and governance may be drawing upon a ghastly and ancient lineage:

ISIS is really embracing Fascism. It’s ceremonial public executions actually supercede what the Nazis and Fascists did only symbolically with blood flags and heroic cenotaphs and so on. It is reaching back to something very dark and protean, human sacrifice, as a political symbol. I think [ Moshe] Halbertal’s book On Sacrifice, is a useful reference here on how deep this goes culturally, to the bronze age or earlier.

ISIS has for some time been making quite a perverse spectacle of its executions of prisoners, combatant and non-combatant alike, releasing videos to international fanfare and glorying in the resultant horror and global infamy. The precedent for this macabre “propaganda of the deed“was initially set by the forefather of ISIS, the Jordanian jailbird upjumped to “terrorist mastermind”, the late Abu Musab al-Zarqawi, who originally led al Qaida in Iraq during the American occupation of Iraq. Prior to expiring after U.S. forces dropped a 500 lb bomb on his head, al-Zarqawi pioneered the use of  beheading videos, usually featuring himself being filmed incompetently and gruesomely sawing off an orange jumpsuit-clad captive’s head with a large knife, blood spraying everywhere.

Zarqawi’s ghoulish innovation in terrorist messaging admittedly held a certain fascination for the psychopathic segment of Sunni Islamist extremists and it attracted foreign fighters of this nature to Iraq who in turn lionized Zarqawi as “the Sheikh of Slaughterers”; but the beheading videos also generally horrified public opinion in the Muslim world and repelled even hardened jihadis, earning Zarqawi a rebuke from al Qaida number two, Ayman al-Zawahiri:

….Among the things which the feelings of the Muslim populace who love and support you will never find palatable – also- are the scenes of slaughtering the hostages. You shouldn’t be deceived by the praise of some of the zealous young men and their description of you as the shaykh of the slaughterers, etc. They do not express the general view of the admirer and the supporter of the resistance in Iraq, and of you in particular by the favor and blessing of God.

….However, despite all of this, I say to you: that we are in a battle, and that more than half of this battle is taking place in the battlefield of the media. And that we are in a media battle in a race for the hearts and minds of our Umma. And that however far our capabilities reach, they will never be equal to one thousandth of the capabilities of the kingdom of Satan that is waging war on us. And we can kill the captives by bullet. That would achieve that which is sought after without exposing ourselves to the questions and answering to doubts. We don’t need this. 

Zarqawi’s Iraqi bloodlust ended only because it was interrupted by the American military, but the leaders of ISIS have carried on. Far from accepting Zawahiri’s advice, they have doubled down, greatly upgrading the marketing of ritualistic murder from Zarqawi’s crude snuff films to slick videos with professional editing and high production values that have become central to the online “brand” of the ISIS “caliphate”. Like the hosts of a sinister game show, ISIS spokesmen have found the time to murder creatively in order to keep their audience of Islamist terrorist wannabes in the West tuned in and captivate the attention of the global media (though sometimes, things do not work  out as planned).

   

However effective this circus of horrors has been at daunting their enemies and attracting the allegiance of “zealous young men” to ISIS, it reveals an atavistic impulse at play that no amount of Quranic hand-waving can paper over and conceal. Jurisprudence is absent here; not even the grim and rough Islamic “justice” of the Taliban is given to prisoners of ISIS, which violates the customary protections given under Islamic law or historical Muslim judicial practices. These choreographed and sensationalized executions by ISIS are really a cryptic revival of the ancient and terrible practice of human sacrifice, that in most cultures and religions had long been replaced by symbolic ritual, but once reigned supreme during the Bronze Age, not least in ancient Iraq, which if new findings are to be believed was like Aztec Mexico, a charnel-house of slaughter.

Originating in the Stone Age, human sacrifice in the religious sense of an offering to the gods or God, lasted a surprisingly long time. Setting aside the preColumbian cultures of the New World, the ancient Romans, for example, did not formally outlaw human sacrifice until the first century BC, though the practice had become archaic and Rome vigorously sought to stamp it out among the Gauls and Britons, among whom human sacrifice was an accepted part of Druidic religion. Nor was human sacifice entirely unknown among the ancient Greeks of the classical period while child sacrifice was probably central to Carthaginian state rites to such a degree that other peoples of the time, including the Romans, found abhorrent.

What occurred in many cases is that as civilizations evolved in social complexity, substitutionary practices for human sacrifice developed that served the same impulse, to propitiate and honor their God(s) and create powerful emotional bonds among the participants:  animal sacrifice, burial ceremoniesmysteries, religious ritual, necromancy, symbolism in theater and political matters of state religion. The Biblical tale of Abraham and Isaac is itself a scriptural admonition to the ancient Hebrews to adopt animal sacrifice as most pleasing to God, a practice the Israelites and Jews of the classical period continued until the destruction of the second temple by the Roman general Titus. From that point on, from the close of the first century AD, Jews and the early, still Judaic, Christians moved away from the practice of animal sacrifice and substituted prayer and theology of salvation, respectively. Sacrifice, especially human sacrifice, became a distinguishing mark of paganism and the subject of Christian crusades in the middle-ages, like the brutal war waged by the Teutonic Knights against the human sacrificing Old Prussians and Lithuanian barbarian tribes.

The Binding of Isaac

The end of late medieval European religious warfare and the rise of the Westphalian system after the Thirty Year’s War slowly shifted the symbolic moral center of sacrifice from God to the State, with divine right monarchy serving as a waystation for the incubation of modern nationalism. There was an epistemic shift, as Halbertal argues in On Sacrifice from a sacred and mystical “sacrificing to” the sovereign God borrowed from the examples of Jewish martyrdom by early Christians who shared in the Romans the same persecutors. This shift opened the gates of permissible sacrifices, legitimating a new secular and political “sacrificing for” the glory of the State.

It is a profound difference but occurring within the same phenomena, as illustrated by two quotes:

…And it came to pass after these things, that God did tempt Abraham, and said unto him, Abraham: and he said, Behold, here I am.

And the Lord said, Take now thy son, thine only son Isaac, whom thou lovest, and get thee into the land of Moriah; and offer him there for a burnt offering upon one of the mountains which I will tell thee of.

                                                                              – Genesis 22:2

And:

….But, in a larger sense, we can not dedicate – we can not consecrate – we can not hallow, this ground – The brave men, living and dead, who struggled here, have hallowed it, far above our poor power to add or detract. The world will little note, nor long remember what we say here; while it can never forget what they did here.

It is rather for us, the living, we here be dedicated to the great task remaining before us – that, from these honored dead we take increased devotion to that cause for which they here, gave the last full measure of devotion – that we here highly resolve these dead shall not have died in vain; that the nation, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.

     – Abraham Lincoln

Gettysburg and Antietam were not Mount Moriah. Neither were the Somme or Stalingrad the same as the Tophet. From time of the Patriarch Abraham to the presidency of Abraham Lincoln, nations of men ceased to sacrifice usually helpless others but moved to sacrifice themselves in what they reckoned as the highest cause. Movement away from human sacrifice as practiced by ancient Carthaginian or animal sacrifice as practiced by most peoples of antiquity, including the Jews, to gentler substitutionary practices, Moshe Halbertal has called the “cataclysmic shift” in the history of civilization.

If so, it is a shift that ISIS has begun to reverse.

In their outstanding ISIS: The State of Terror, counterterrorism scholars Jessica Stern and J.M. Berger analyze the dark obsession ISIS has demonstrated in its propaganda messaging with exquisitely orchestrated executions:

….As we have noted, ISIS’s psychological warfare is directed at its potential victims. But it is also directed at those it aims to control. It is deliberately attempting to blunt its follower’s empathy by forcing them to participate in or observe acts of brutality. Over time, this can lead to secondary psychopathy, or a desire to harm others, and contagion of violence. Beheadings are one such tool for blunting empathy.

Berger and Stern are likely correct that the methodical character of ISIS demonstrations of brutality are intended to desensitize the participants and (as they further explained) a tendency to cultivate secondary psychopathology in ISIS recruits, especially the young. A similar process occurred during the Holocaust with Nazi Einsatzgruppen and reserve unit police battalions detailed to assist the SS mobile killing squads on the Eastern front. Many serving in these units, already fanatical National Socialists, became inured to the suffering of women, children and the old who were shot and dumped still alive into mass graves, though some SS men showed signs of PTSD, depression and higher rates of severe alcoholism, desertion and suicide.

The comparison between the genocidal cruelty of the SS and ISIS, while natural, is limited by a very important distinction. However zealous their ideological fanaticism and dedicated in their murderous mission to exterminate European Jewry, the SS lacked the context of moral certainty and the psychological reinforcement effects of religious exaltation enjoyed by ISIS killers. Even the malevolent Heinrich Himmler, in his secret speech to Nazi gauleiters and SS leaders, regarded the Final Solution as a terrible burden that the SS shouldered on behalf of the Fuhrer to assure Germany’s future; a “glorious” crime that Himmler believed must be kept forever hidden from history and the German people.

Not so ISIS, which revels in its bloody terror. Worse, the repetition of garish executions as public celebrations by ISIS, with a vague but constant religious context, devoid of any shred of Islamic legality, inevitably acquire over time the theological characteristics of Halbertal’s “sacrificing to”  – what began as harsh jihadi jurisprudence and psychological warfare mutated under conditions of lazy, sociopathic brutality and totemic invocations of Islam into ritual “offering” by ISIS of its prisoners of war as human sacrifices in the manner of the ancient pagans. A perverse blasphemy, but one that draws on a powerful archetype deeply buried in the human psyche.

ISIS leaders have not only looked into the Abyss, they have descended into and become one with it.

A difficulty with DoubleQuotes 2: Benzon

Sunday, August 9th, 2015

[ by Charles Cameron — following on from the AI dog / ostrich, this ]
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No sooner had I posted my piece on the similarities and diffrerences between two humanly similar images — one of them identified as a dog by a neural net, the other as an ostrich — that I came across my friend Bill Benzon‘s piece, also posted today, Visual Resonance, in which he plays with Photoshop filters and a couple of his own images.

Synchronicity? Zeitgeist? GMTA?

**

Here is one of Bill’s photos, which he claims “no sensible photographer would shoot”..

Benzon 1

As Bill says:

The setting sun is low in the sky and reflecting strongly off a glass encased building, so strongly that the camera really can’t deal with it. Also, I’m shooting through the branches of a small tree or bush nearby and they show up as a mis-shaped dark area in the left half of the shot. I like to take such shots to see what I can pull out of them.

Here’s a second version, this one tweaked with a filter..

Benzon 2

Frosted?

I think there’s a fairly peasily perceptible family resemblance there, no?

**

But then we come to this one..

Benzon 3

in which a different filter has been applied to the same image..

To my eye. this is very different from the original — almost pure jazz in fact, and yes, Billplays jazz trumpet — though the palette “seems the same”..

And then there’s this..

Benzon 4

.. which seems to me discernibly similar to both the previous and the original images, and in fact consists, if I’m reading Bill right, of an overlay of the two of them.

**

All this leads me to tentatively revise my formulation that “likeness and unlikeness appear to me to find themselves on a spectrum which approximates closely to identity at one end .. and absolute distinction at the other“, renaming my spectrum “same-same, same-diff, diff-same, diff-diff“.

**

Sameness and Difference, One and Two, Three in One and One in Three — as the writer I referenced anonymously towards the end of my previous post said:

Even angels and the spirits of men were matter by Greek thinking. In a sense, there are only two substances in the universe. One is God — whatever the substance is that constitutes God — and the other is matter. Athenagoras, a Christian apologist writing in A.D. 168, tells us:

We employ language that makes a distinction between God and matter and the natures of both.

The question being asked at the Council of Nicea was …

  • Is Christ of the substance of God, or
  • is he made of matter like us and the angels?
  • Sameness and Difference, One and Two — we’re back in the heart of the Presocratics, of Pythagorean mathematics, of the Tao — the One and the Many.

    One Another.

    A difficulty with DoubleQuotes

    Sunday, August 9th, 2015

    [ by Charles Cameron — from artificial intelligence to the Council of Nicea in one easy blog post ]
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    It seems fairly easy for a human to tell likes from dislikes, but for a computer to tell likes from unlikes appears to be a far trickier business. Consider the following DoubleQuote in the Wild, which I found in David Berreby‘s Nautilus piece, Artificial Intelligence is Already Weirdly Inhuman:

    adversarial example dog ostrich 601

    You might think these two images are the same. Or that they’re a little different, as the images from your left and right eyes always are, but that if you squint at them just right they will merge into a single image with a vivid sense of depth, like a movie seen with 3-D glasses. You mivght even think the differences between them are a matter of steganography, encoding some IS battle plan under cover of a diggie pic.

    But you are unlikely, I suggest, to think the image on the left is of a dog, while that on the right is of an ostrich. Which is what “artificial intelligence”, in the form of a neural net, figured out.

    **

    And how different are they “in fact”?

    The middle image here shows the amount of variation in pixels between the two outer images:

    negative2 cropped

    The image on the right — the one the neural net iodentified as an ostrich — is an example of what the researchers, Christian Szegedy, Wojciech Zaremba, Ilya Sutskever, Joan Bruna, Dumitru Erhan, Ian Goodfellow and Rob Fergus, call an “adversarial example”.

    **

    It’s not my intent to dismiss neural nets by any means: I have one myself.

    What interests me, though, as someone preoccupied with analogy and metaphor — with likeness and unlikeness — is the deep question of what likeness and unlikeness mean.

    That question lies at the heart of my DoubleQuotes and HipBone Games.

    Back in my Oxford days, my tutor in Dogmatic Theology had me thinking about the difference between the two words Homoousion and Homoiousion, homoousion meaning of the same essence, and homoiousion of similar essence. The distinction was important in Patristic theology, the questionn being whether the Son and Holy Spirit were of the same essence as the Father (one God in three Persons) or of similar essence (three Persons in one God).

    You’ll see from the way that I’ve phased the distinction in brackets (one God in three Persons vs three Persons in one God) that I find the distinction itself less than helpful — and I said so in the essay I read my tutor. Those who hold the Three Persons are the same God (the homoousios doctrine) are saying they are both similar as to the recognition of their common Godness and dissimilar as to the recognition of their separate Personhood, whereas those who hold that they are of similar essence (homoiousios) are, perhaps unexpectedly, also saying they are similar but different: it’s all a matter of emphasis.

    My tutor, much to my surprise and delight, mentioned that he had made the same point in a paper he had recently published in, if I recall, the Journal of Theological Studies, and gave me a signed offprint.

    Similarity and dissimilarity, likeness and unlikeness appear to me to find themselves on a spectrum which approximates closely to identity at one end — but if two things are identical, how can they be two? — and absolute distinction at the other.

    Yet the difference beween homoousion and homoiousion was decided in favor of homoousion at the Council of Nicea, a decision which one writer calls a “bloodless intellectual victory over dangerous error” and “of far greater consequence to the progress of true civilization, than all the bloody victories Constantine and his successors.”

    And okay, there’s more to it, as always…

    **

    Dogs and ostriches, apples and oranges — what’s the diff, eh?

    And G*d knows best.


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