Salaam aley kum warahmahtullah
 
One of the postings in the IslamCity group has raised this Question
What is International law. A brother trying to reply to an question concerning a scenerio where Islamic state is attacked or will attack non Muslim country to spread Islam.
 
The Brothers answer to the question was that Islamic state would abide by the International Law. My reply to the question was that, that International Law demands Muslims leave Islam and follow it as a mere religion and abstain from RE-ESTABLISH ISLAMIC KHILAFAH STATE as a system of life.
 
The Brothers reply was not at all statisfactory and contracdicts rulling of Hukm Sharri in that terms. From this point of view, I thought i should RE POST my article on International Law or International Position. Yes there is such thing called International law but we need to be more Politically aware to understand how it works and how it manifets itself.
 
 
Please do read it. If you do know understand the Politics or the Capitalists Nations make laws and treaties then you might have some hard time understanding it but PLEASE PLEASE ask questions if you dont understand anything.
 
Ma-salama
Prince of Destiny
 
The International Position or International Law

The International Law could be best described by the Prophet Muhammad saw  in the hadith where he says:

Thawban may Allaah be pleased with him, one of the Prophet’s peace and blessings of Allaah be upon him servants, stated that the Prophet peace and blessings of Allaah be upon him said:

“Soon the nations will call one another against you, just as people call one another to eat from a platter of food.”

A man asked: “Will this be because we will be few in number, O Messenger of Allaah?”

He peace and blessings of Allaah be upon him replied: “No, you will be large in number, but you will be ghuthaa’a like the froth scum on the surface of a body of water, and Allaah will remove from the hearts of your enemies their fear of you and shall place in your hearts wahn.”

Those present asked: “What is wahn O Messenger of Allaah?”

He peace and blessings of Allaah be upon him replied: “The love of this worldly life and hatred of death.”

[Saheeh hadeeth due to a multitude of routes of narration in the Sunan of Aboo Daawood Book 37, Number 4284]

International Law Manifest in the Form of UN. The United Nations, World Bank, IMF.

The above Hadith could be well understood the way Kuffar agreed upon Muslims being terrorist and Islam as the Enemy of the MANKIND.

The international position is the structure of the relationships that exits between the states that have influence upon the international arena. Though the states, that act on the international arena are many, those that have an effect on it are few, according to the power of these states. And since the position of every state is effected by the change in its strength and weakness, so the relationships between these states are affected by these changes. Change could occur due to a war which destroys a state and weakness the effect of another one on the international arena, so another state will rush to take its place. The change could occur at a time of peace through the gradual development of power, so on state weakens and another one strengthens, but wars are more effective in making the change. Through this change, whether by conditions of the states and of their powers, the international position changes, whether by the change of the structure of the relationships, or by the change of the parties in these relationships. Since the change of the conditions and powers of the states effecting the international arena is slow, the change of the international position needs long period of time.

The power of a state is not limited to its military power, it rather included all the materialistic, intellectual and spiritual capacities and abilities that a state can mobilize and gather outside its borders. So it included the ideology or the international message which it conveys as a message to the world as it included military power, economic power, skillfulness in political actions and worldly experience in diplomacy.

The stated uses in its struggle against other state on the international arena those elements of its power which its considers to be most powerful and effective or it conceives them to be so, or those elements which the international conditions allow it to use. So that ideological power, military power and economic power, each as the ability to create the interests to protect these interests, and to create the international prestige and standing for the state on the international arena. This is because each of them could be translated into a powerful political influence; but the military power remains the most prominent and effective element, because it is the title of the state and the head of its power, and it always looms from behind the actions of the politicians as it is likely to be used to, if the other mean failed.

The military power is not separated from the will to use it, thus the strength of the will strengthens it, and the weakness of the will weakens it. The will of a state to use its military power weakens when it is required to be used against a much power state, or in case the military power of two states reaches a stalemate. This occurs when the arms race between them leads to the capability of each of them to destroy the other completely and with certainty. At this point the importance of the other elements of the state power appears like the ideological power, the economic power, the diplomacy and the political actions.

The activity of a state on the international arena is for the sake of creating interests for the state and protecting those interests. The state interests outside its borders are many and various, including the ideological, like creating appropriate convenient conditions to spread the ideology; the moral;. Like preserving the prestige, dignity and international position of the state, and the materialistic, like those related to security such as the strategic locations, or those related to benefits such as the raw materials and markets to discharge the surplus of its industries and agricultural products.

Some of these interest are vital and some of them are secondary. The vital interest is the one for the sake of which a state is ready to enter into a immediate war. The list of the vital interest is long or short according to the strength or weakness of the state. So the strong state has a long list of vital interest and accordingly, the list of its international commitments and interventions on the international arena is long. So it is the interest which decide the commitments of the state, not the state’s commitments decide for it, its interest. The size of the state’s interest decide the type and the size of a state. So for example, there exists the regional state whose interest attention and commitments are limited to its region, so it makes of those regional interest the area of its political activities. And there exists the worldly state whose interests, attention and commitments spread to every corner of the world, so the whole world becomes its political arena.

Upon examination of the international position, its development and its changing elements since the world war, we find that it remained revolving within the consequences which that war produced. The war led to defeat for each of: Germany, Italy, and Japan; weakened each of : Britain and France and led to the prominence of the USA and the USSR. So the USA was the strongest and richest state, followed by the USSR.

Roosevelt was dreaming during the world war, that a world of balanced powers represented by conflicting alliances would be replaced by one world embodied by the United Nations and its international organizations under the leadership of the USA, and established upon a sort of mutual understanding between the USA and USSR. That is to say this world incarnates its domination over every corner of the international affairs through its domination of the UN. Thus the USA becomes the crowded state on the international throne, while the USSR becomes the maid of honor state. The idea of the one world has dominated Roosevelt to an extent that he did not hid friendship and adjustment with Stalin on the account of his first ally Churchill. Though Stalin signed on the UN covenant, once the war ended, he turned his back to the UN and to its role in the international community and preferred to focus on his attention on building the socialist camp, for away from others interventions, a matter which led to the demise of the one world concept which was replaced by two worlds.

The international position has settled in the post war years in the hands of the four victorious states; USA, USSR, Britain, and France. So their leaders or representatives used to meet in four power conference to investigate the world issues and solve them. But this international position was restless due to the great contradiction between the interests of these states due to the acute competition over influence, so they rarely agreed on anything in their conference.

After the death of Stalin, the new leader of the Kremlin Started to quarrel and flirt with America to conclude a deal with her, particularly after they succeeded in building a great military force. And after secret and long contracts America agreed to their demand. Thus, the Khrushchev and Kennedy agreement in Vienna, 1961 was coronation of those contacts. In that agreement, the basis of the reconciliation policy between the two states was laid down and both Britain and France were dropped from the international position and from participating in solving the international problems. This matter was limited only to the USA and USSR which they handled through dual meetings between their presidents or their representatives.

Britain responded to that by trying to infiltrate the international politics through a special relationship with the USA. As for the France, it turned to Europe to found itself there and strengthen with it, aiming to establish an independent French nuclear deterrent; and through quarrelling with the USA, she hoped to force her restoration to the international politics but all to no avail. The international position thus remained settled in the hands of two giants, the USA and USSR.

One of the changes which occurred during the reconciliation period is that the USA recognized Socialist China in 1972, thus taking its seat in the Security Council as one of the five Great Powers, to become an effective member in the UN. Thus the relations between the two states were normalized in 1978, a matter which made china a Great power, if not at the world level, at least a regional Great power which looks for a position of being an international state.

The EEC was established at the end of the fifties to stand in the face of America economically, when France turned to Europe to strengthen itself in the face of America, it tried to make the EEC a political power as well as an economic power. The strength of the EEC increased when Britain and its associates in Free Europe entered the EEC in 1972 to strengthen itself with Europe by consolidating its international position, not to become a European state.

By the beginning of the eighties, signs of economic and social weakness started to appear in the USSR due to the corruption of its ideology, the arms race and the costs of the worldly role which the USSR committed itself to. This matter pushed Gorbachev to acknowledge this weakness openly and to adopt a wide and deep plan for the ideological, economical, political, social and military reforms. These reforms became the centre of attention of the Kremlin leaders so that they became distracted from other things and they made attention directed to treat the domestic problems which came to threaten the explosion of the USSR from inside, thus the international attention of the USSR retreated and its ideology and economic tools weakened.

This deteriorating position of USSR, the turning of its leaders attention to solve its domestic problems, the great earthquake of change which occurred in Eastern Europe, the great and many changes inside the USSR, and the termination of the cold war after the Malta Conference, all of this pushed the downfall of the USSR from the international position and led to the USA being left alone in it, and in drawing the international politics.

The great role which America took in the Gulf crisis manifested clearly this single handedness of America in the international position and in drawing of the world politics, it also manifested that the USSR ceased to be that Super Power which associates with the USA in the international position and in drawing the world politics. It rather became that super power which goes along with the USA and walks in its shadow, to the extent that when Bush reached the critical point in the Gulf crisis after he nearly completed the build up of American forces there, he did not use these forces to force Iraq to withdraw from Kuwait, he resorted to invite Gorbachev for holding the emergent summit at Helsinki so as to take with him a decision to proceed in the peaceful solutions, in order to avoid the

Critical point through paving the way to the political actions, and eliminating the military options in the current situation, so Gorbachev had not but to accept the invitation and fulfilled to Bush that which he wanted, a matter which made Bush leave the summit calling for a new world system, in which world is unified in a ‘peaceful settled and secured” system under the leadership of the USA. Bush started to think about the new international system since the Washington summit which was held between him and Gorbachev on 5/31/90. Because he announced after it: “the summit meeting between the two super powers has produced a new true relationship, that may reformulate history.” He added saying: “I feel grateful to Gorbachev for the spirit of sincerity with which he dealt with every issue discussed at the negotiating table and I consider that, as a proof that we really enter a new stage in our relationship with the USSR.”

Reviving the concept of the new system, the concept of the one world which enables America to deal with single handedly in the world politics and enables it to use the international organizations for the sake of consolidating this single handedness, this has been done by bush as revival of the old concept of Roosevelt. But the little difference between American and the other Great powers nowadays military and economically and the huge economic progress of each of Japan and EEC states, particularly Germany, especially after its unification, all this will make these states compete with America, so as to make American associate with them in the international position and in drawing the international politics. However, America works to prevent these states from participating in the world politics so that she stays single handed in it.

The turning back of the USSR to treat its domestic problems the retreat of its international attention, its downfall from the effective international position with the sinle handedness of America in it and in drawing the international politics, all these factors do not mean that the USSR had ceased to be a super power, it has to not relinquished its international attention. Its turning to the inside was for the sake of rebuilding itself, so as to return to force America to associate with her in the international position and in drawing the world politics. But this is not an easy matter for the USSR to achieve,  because the international military confrontation has ended and the competition has become economic, technical and political, things which the USSR is lacking behind America, even lacking behind the western countries.

Gorbachev considers the abandonment of the USSR to the world community and the international organization as one of the reasons which led to its weakness so it worked hard to return back to the international community and to the international organizations and to commit itself with the international law and to build the international relations and foreign politics on the basis of the acknowledgement by all states of the unified Europe and establishing the common European Home, which the USSR becomes a part of, according to the new world system.

Ma-salama
Prince of Destiny
 
 


A
Ma-Salama
Prince oF Destiny http://groups.yahoo.com/group/Revival-Of-Muslim-Mind/

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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)

{And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)

The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]

The prophet (peace and blessings of Allah be upon him)  also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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