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A few observations of a Salafi Scholar provide a lens through which we can judge the double standards and selective approach in International law during conflict

In The Name of Allah, The Most Merciful, The Bestower of Mercy.

Shaikh Al-Islam Ibn Taymiyyah [may Allaah have mercy upon him] said: And, while there is something in the paths of analogical reasoning and reflection that will lead to knowledge, it cannot always provide a detailed explanation in a dispute between the people of the earth due to the minute details and ambiguities [in that dispute], and at other times due to the fact that people differ when it comes to prioritising necessities. As a result, Allah [The Exalted] commanded us to return to the revelation in times of disagreement. Allah [The Almighty] said:

كَانَ ٱلنَّاسُ أُمَّةً۬ وَٲحِدَةً۬ فَبَعَثَ ٱللَّهُ ٱلنَّبِيِّـۧنَ مُبَشِّرِينَ وَمُنذِرِينَ وَأَنزَلَ مَعَهُمُ ٱلۡكِتَـٰبَ بِٱلۡحَقِّ لِيَحۡكُمَ بَيۡنَ ٱلنَّاسِ فِيمَا ٱخۡتَلَفُواْ فِيهِ‌ۚ

Mankind was one community (i.e. upon Tawheed and Allaah’s pure Shariah) and Allah sent Prophets with glad tidings and warnings, and with them, He sent the Scripture in truth to judge between people in matters wherein they differed]. [Surah Al-Baqarah’ Aayah 213] Therefore, Allaah [The Most High] designated the revealed Books [i.e. the Qur’aan being the final of them] as the judge between the people in matters wherein they differ. [ Dar Ta’aarud Al-Aql Wan-Naql: 9/17-18]

Shaikh Saalih Aala Ash-Shaikh [may Allah preserve him]:

Quote: Allah is the one who upholds the rights of humanity in accordance with the laws He has established. This is why numerous studies on the subject have demonstrated that Islamic law, the life of our Prophet (peace and blessings be upon him), the teachings of the Qur’an and the Sunnah, as well as the deeds of the four caliphs and those who followed them, are the greatest early codifications of human rights, lofty in both their proclamation and their implementation. It was fully implemented throughout the era of the Prophet (peace and blessings be upon him) and the Rightly Guided Caliphs (may Allah be pleased with them).

Quote: When a human being wishes to grant another person rights, he will not be free of desires, because the person who codifies laws, whatever they may be, will include their desires in them. As a result, Western man-made laws, such as French man-made law, American man-made law, and other man-made laws, are subject to change from time to time – either because the law was first initiated for the sake of the country’s interests when it was established, or due to the influence of (influential personalities or leaders, etc) in that country in some matters, or because time passed and thus the circumstances changed. Allah clarified that the pre-Islamic judgement is a desire-based judgement. Allah [Glorified be He] said:

وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ

And so judge (you O Muhammad) between them by what Allah has revealed and follow not their vain desires.

[Surah Al-Maa’idah. Ayah 49]

Every ruling that contradicts the divine Islamic law must have been dominated by desires, and hence it is not correct. And there is no question that desires hinder people from fulfilling rights in the way they should be fulfilled. As a result, since those principles (concerning equality and human rights) were founded on the opinions of individuals, so human desires, as well as the interests of the major powers and their desire to control weaker nations or countries with a high level of welfare, did interfere.

Quote: If you examine the circumstances of people prior to the advent of Prophet Muhammad [peace and blessings of Allah be upon him], whether they were Egyptians, Persians, Romans, or Arabs in Makkah and the surrounding areas, people from the Arabian Peninsula, people who lived in Syria and Iraq, or people in Egypt and its neighbours, you will find that deprivation of liberties and denial of equality was prevalent; rather, it was (a situation of) the law of the jungle, so the strong (oppressed, terrorised, etc) the weak and the people subjugated one another. As a result, when the Persian ruler asked (the Prophet’s companion) Rabee [may Allah be pleased with him], “You are Arabs, so what brought you to the land of Persia?” He replied, “Indeed, Allah sent us to remove the one He wishes to be removed from the worship of the servants and direct them towards the worship of the Lord of the servants, in order to remove them from the distress of the worldly life to the happiness of the worldly life and the Hereafter”. [ paraphrased] [End of quotes]

This is why we are witnessing something really intriguing in our era with this notion of human rights and international law, which some people exploit when it suits them, but turn a blind eye when it does not favour them. For example, if a weaker nation supported by certain major powers is attacked by another stronger nation, some ideologues emphasise the necessity of sovereignty, yet sovereignty is never important for Palestine! As a result, international law and human rights are employed unequally depending on who is affected – as a means of cheating against some and benefiting others. Ponder and do not be duped!

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