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Monday, June 1, 2026

Criticism of Islamism

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Criticism_of_Islamism

The ideas and practices of the leaders, preachers, and movements of the Islamic revival movement known as Islamism (also referred to as Political Islam) have been criticized by non-Muslims and Muslims (often Islamic modernists and liberals).

Among those authors, scholars and leaders who have criticized Islamism, or some element of it, are Maajid Nawaz, Reza AslanAbdelwahab MeddebMuhammad Sa'id al-'AshmawiKhaled Abu al-Fadl,[4] Gilles KepelMatthias KüntzelJoseph E. B. Lumbard, Olivier Roy, and Indonesian Islamic group Nahdlatul Ulama.

Tenets of the Islamist movement that have come under criticism include: restrictions on freedom of expression to prevent apostasy from and insults to Islam; that Islam is not only a religion but a governing system; that historical Sharia, or Islamic law, is one, universal system of law, accessible to humanity, and necessary to enforcement for Islam to be truly practiced.

Explanation

Explaining the development of Islamism (or at least jihadist Islamism), one critic (Khaled Abou El Fadl) describes it as not so much an expression of religious revival and resurgence, but a phenomenon created by several factors:

  • The undermining of the independence and religious authority of Islamic jurists, who traditionally "tolerated and even celebrated divergent opinions and schools of thought and kept extremism marginalized". The state seizure of the private religious endowments (awqaf) that supported the jurists in most post-colonialist Muslim countries has relegated most jurists to salaried employees of the state, diminishing their legitimacy on matters social and political."
  • The advance of Saudi Arabian doctrine of Wahhabism into this vacuum of religious authority. Financed by tens of billions of dollars of petroleum-export money and proselytizing aggressively, the doctrine billed itself not as one school among many, but as a return to the one, true, orthodox "straight path" of Islam – pristine, simple, straightforward. It differed from the traditional teachings of the jurists in its "strict literalism ... extreme hostility to intellectualism, mysticism, and any sectarian divisions within Islam".
  • Added to this Wahhabi literalism and narrowness are populist appeals to Muslim humiliation suffered in the modern age at the hands of harshly despotic governments, and interventionist non-Muslim powers."

Suppression of dissent

Limits on freedom of expression

According to Graham Fuller, a long-time observer of Middle Eastern politics and supporter of allowing Islamists to participate in politics, "One of the most egregious and damaging roles" played by some Islamists has been in "ruthlessly" attacking and instituting legal proceedings "against any writings on Islam they disagree with."

Some of the early victims of Islamist enforcement of orthodoxy include Ahmad Kasravi, a former cleric and important intellectual figure of 1940s Iran who was assassinated in 1946 by the Fadayan-e Islam, an Islamic militant group, on the charge of takfir.

Mahmoud Mohamed Taha, a 76-year-old "practicing Muslim" and theologian was hanged in a public ceremony in Khartoum, January 18, 1985, for among other charges "heresy" and "opposing application of Islamic law". Taha had opposed Sharia law in its historical form, as it was instituted in Sudan, because he believed the Quranic verses on which it was primarily based (known as the Medina verses) were adapted for a specific place and purpose – namely ruling the seventh-century Islamic city-state of Medina – and were abrogated by verses revealed in Mecca, which (Taha believed) represented the Islamic "ideal religion".

Maybe the most famous alleged apostate in the Arab world attacked by Islamists was Egyptian author and Nobel Prize winner Naguib Mahfouz, who was harassed and stabbed in the neck by assailants, almost killed and crippled for the rest of his life. Others include novelist Egyptian Salahaddin Muhsin who

... was sentenced to three years hard labor for writings that 'offended Islam'; [Egyptian] feminist novelist Nawal El Saadawi has been repeatedly tried in court for anti-Islamic writing and her husband ordered to divorce her as a Muslim apostate, although the charges were ultimately struck down; Islamist lawyers also charged Islamic and Arabic literature professor Nasr Abu Zayd with apostasy for his writings on the background of the Qur'an, and his wife was ordered to divorce him. ..."

Egyptian author Farag Foda was assassinated on June 8, 1992 by militants of the Gamaa Islamiya as an example to other anti-fundamentalist intellectuals.

While Islamists are often separated into "bad" extremists, and "good" moderates working within the system, political scientist Gilles Kepel points out that in Egypt in the 1990s "Islamist moderates and the extremists complemented one another's actions." In the case of Farag Foda's killing, "moderate" Sheik Mohammed al-Ghazali ("one of the most revered sheiks in the Muslim world"), testified for the defense in the trial of Foda's killers. "He announced that anyone born Muslim who militated against the sharia (as Foda had done) was guilty of the crime of apostasy, for which the punishment was death. In the absence of an Islamic state to carry out this sentence, those who assumed that responsibility were not blameworthy."

Takfir

Some Islamists have evolved beyond targeting liberal and secular intellectuals to attacking more mainstream Muslims (what researchers Matteo Sisto and Samir Gurung dub "Neo-Takfirism"). In the Algerian Civil War the insurgent/jihadist Islamist group GIA viewed all who failed to actively support its jihad as collaborators with the government, and thus apostates from Islam and eligible military targets. The group slaughtered entire villages, murdered foreigners, and executed Algerians for "violating Islamic law," for "infractions ranging from infidelity to wearing Western clothing." In the Iraq civil war, takfir was also defined broadly by Sunni Islamist insurgents. By mid-2006, at least two falafel venders in Baghdad were killed "because falafel did not exist in the seventh century", and was thus an unIslamic "innovation" (Bid'ah) in the eyes of the killers. This was seen as a reflection of how far the followers of Sayyid Qutb had progressed in their willingness to takfir and kill those who (they believed) were guilty of apostasy according to some (such as journalist George Packer). As of mid-2014, the jihadi Islamist groups Al Qaeda and Da'ish had killed "more than 300 Sunni imams and preachers", according to one "prominent Iraqi Sunni cleric" (Khaled al-Mulla). Some months later Da'ish reportedly executed one of its own Sharia judges on the grounds that he had "excessive takfiri tendencies".

Khawarij

Some Islamists have been condemned by other Muslims as Kharijites for their willingness to takfir (declare other Muslims to be unbelievers) and kill self-professed Muslims. While Islamist often argue that they are returning to Islam unpolluted by Western Enlightenment ideas of freedom of thought and expression, early Islam also condemned extreme strictness in the form of the 7th century to the Kharijites. From their essentially political position, they developed extreme doctrines that set them apart from both mainstream Sunni and Shiʿa Muslims. The Kharijites were particularly noted for their readiness to takfir self-professed Muslims.

Historical basis

Debate on early Islam

Some critics (such as Tunisian-born scholar and journalist Abdelwahab Meddeb) have bemoaned the Islamist belief that in 1400 years of Muslim history, true Islam worthy of imitation was enforced for only a few decades. Sayyid Qutb (d. 1966) preached that Islam has been extinct for "centuries" and that it is "necessary that the Muslim community be restored to its original form," and follow the example of Muhammad and his the original companions (Sahabah), who not only cut themselves off from any non-Islamic culture or learning – Greek, Roman, Persian, Christian or Jewish logic, art, poetry, etc. – but separated themselves "completely" from their "past life," of family and friends.

Islamists do not agree on when true and original Islam was in existence. Abul Ala Maududi indicates it was the era of the Prophet and the 30-year reign of the four "rightly guided caliphs" (Rashidun). Qutb's brother Muhammad thought the only time "Islam was ... enforced in its true form" following the death of Muhammad was for fifteen years, during the first two caliphs, plus three years from 717 to 720 A.D. For the Shiite Ayatollah Khomeini, the reign of Muhammad and the five-year reign of Caliph Ali were the truly Islamic eras Muslims should imitate.

Meddeb protests that this excludes not only any non-Muslim culture, but most of Muslim history including the Golden Age of Islam:

How can one benefit from the past and the present if one comes to the conclusion that the only Islam that conforms to the sovereignty of God is that of Medina of the first four caliphs? ... Can one still ... love and respond to the beauties handed down by the many peoples of Islam through the variety of their historic contribution?

He and at least one other author (Tarek Osman) have questioned how perfect an era was where three of the first four caliphs were assassinated, while "enmities" and "factional disputes" and "almost continuous embarrassing episodes of blood-letting and internal struggles", were played out. Meddeb points out the celebration of rightly guided originated not shortly after their end but generations later, with conservative scholar Ibn Hanbal.

Ideological flaws

Vagueness

Author Tarek Osman has criticized Islamism as promising "everything to everyone", leading to unsustainable conflicts and contradictions: an alternative social provider to the poor masses; an angry platform for the disillusioned young; a loud trumpet-call announcing 'a return to the pure religion' to those seeking an identity; a "progressive, moderate religious platform' for the affluent and liberal; ... and at the extremes, a violent vehicle for rejectionists and radicals."

Emphasis on politics

Although Islamism is a movement devoted to the preeminence of Islam in all fields some have suggested that belief has been neglected in favor of politics, and that "organizers, enthusiasts, and politicians," rather than those focusing on spirituality or religion, have "had the most impact" in the movement.

Other observers have remarked on the narrowness of Islamism, and its lack of interest in studying and making sense of the world in general. Habib Boulares regrets that the movement in general has "devoted little energy to constructing consistent theories" and has made 'no contribution either to Islamic thought or spirituality'. Olivier Roy complains of its intellectual stagnation in that "since the founding writings of Abul Ala Maududi, Hasan al-Banna, Sayyid Qutb ... all before 1978 ... there are nothing but brochures, prayers, feeble glosses and citations of canonical authors."

An ex-activist (Ed Husain) of one of the Islamist groups active in Britain (Hizb ut-Tahrir), wrote in his book The Islamist that he felt politics was crowding out his "relationship with God", and saw the same in other HT activists. Husain complained "We sermonized about the need for Muslims to return to Islam, but many of the shabab [activists] did not know how to pray."

Another observer (Olivier Roy) complained that even systematic study of human society and behavior is dismissed as un-Islamic:

There is neither history, since nothing new has happened except a return to the jahiliyya of pre-Islamic times, nor anthropology, since man is simply the exercise of virtue (there is no depth psychology in Islam: sin is not an introduction to the other within), nor sociology, since segmentation is fitna, splitting of the community, and thus an attack on the divine oneness the community reflects. Anything, in fact, that differentiates is seen as a menace to the unity of the community...

Dependence on virtue

Roy also argues that the basic strategy of Islamism suffers from "a vicious circle" of "no Islamic state without virtuous Muslims, no virtuous Muslims without an Islamic state". This is because for Islamists, "Islamic society exists only through politics, but the political institutions function only a result of the virtue of those who run them, a virtue that can become widespread only if the society is Islamic beforehand." The process of choosing a leader involves not issues such as the structure of elections, of checks and balances on power, but searching for "subjective" qualities: the amir must "abstain from sin", incarnate "sincerity, equity, justice, purity" have "sincerity, ability and loyalty", "moral integrity as well as ... other relevant criteria" (Hassan al-Turabi).

Political system

Unification of religion and state

One of the most commonly quoted slogans in the movement is that of the Muslim Brotherhood: al-islam dinun was dawlatun (Islam is a religion and a state). But, as one critic complains, the slogan "is neither a verse of the Qur'an nor a quote from a hadith but a 19th-century political slogan popularised by the Salafi movement" — an origin in 19th-century being problematic for a belief system predicated on following the scripture revealed, and the ways of those who lived, twelve centuries earlier.

Historical context

Critics contend that this unification is not unique to Islam but to the premodern era, or at least the era around the time of Muhammad.

According to Reza Aslan:

This was also an era in which religion and the state were one unified entity. ... no Jew, Christian, Zoroastrian, or Muslim of this time would have considered his or her religion to be rooted in the personal confessional experiences of individuals. ... Your religion was your ethnicity, your culture, and your social identity ... your religion was your citizenship.

The post-Julian Roman Empire was Christian, with one "officially sanctioned and legally enforced version" of (Nicene) Christianity. The Sassanid Empire in Persia was Zoroastrian, again with one officially sanctioned and legally enforced version of Zoroastrianism. On the Indian subcontinent, Vaisnava kingdoms (devotees of Vishnu and his incarnations) fought with Savia kingdoms (devotees of Shiva) for territorial control. In China, Buddhist rulers fought Taoist rulers for political ascendancy. "Thus every religion was a 'religion of the sword.'"

Historical necessity

Critics also suggest that the early combination of religion and state in Muslim society may have been a product of its creation in the stateless world of Arab society where Muslims needed a state to protect themselves, rather than the timeless essence of Islam.

Christianity was based within the "massive and enduring" Roman Empire. The Hebrews had "ethnic bonds before becoming Jews." But unlike these other Abrahamic religions, "the Muslims depended on their religion to provide them with an authority and an identity."

Mohammad founded a religious community ex nihilo. He lived in western Arabia, a stateless region where tribal affiliations dominated all of public life. A tribe protected its members (by threatening to take revenge for them), and it provided social bonds, economic opportunities, as well as political enfranchisement. An individual lacking tribal ties had no standing: he could be robbed, raped, and killed with impunity. If Muhammad was to attract tribesmen to join his movement, he had to provide them with an affiliation no less powerful than the tribe they had left behind.

Historical lack of governmental system

Jebran Chamieh also argues that while it is true Muhammad exercised the executive power, commanded armies, controlled the finances and revenues, made legal judgements, he created no organized system for these functions.

Moreover, the Prophet had ample time before his death to organize the Moslem community politically. The most pressing measure was to establish a system for the legal transmission of power. He was aware of the rivalry among his followers over the succession and could have delegated his authority to prevent dissensions among them. But he did not. These observations lend credence to those who argue that the Prophet never intended to form a state and that his mission was purely religious.

Chamieh also points out that this practice (or lack thereof) was followed by the Rashidun caliphate, who never established a "police force to keep law and order". When "the rebels attacked Caliph Othman in his house and assassinated him, no security measures were available to protect him. The caliphs did not establish an administration, a fiscal system, or a budget ... In the conquered lands, they retained the previous Byzantine and Persian administrative systems and kept the local employees to administer the country."

Dissenting from the orthodoxy that the Quran, Muhammad or the Rashidun had much to say about governance (or that Shura is a "pillar of Islam"), are some Islamic Modernists.

Taha Hussein (1889-1973) writes:

Government in the time of the Prophet was not delegated from heaven in its details; people were left free to manage their affairs as they wish within the limits of fairness and justice. Furthermore, the Quran did not propose, in general terms or in detail, a political system, and the Prophet did not indicate who should be his successor either orally or in written form.

Scriptural basis

Hukm

The scriptural basis of the Islamist principle that God – in the form of Sharia law – must govern, comes, at least in part, from the Quranic phrase that Hukm is God's alone, according to one of the founders of Islamist thought, Abul Ala Maududi. However, journalist and author Abdelwahab Meddeb questions this idea on the grounds that the definition of the Arabic word hukm is broader then simply "to govern", and that the ayah Maududi quoted is not about governing or government. Hukm is usually defined as to "exercise power as governing, to pronounce a sentence, to judge between two parties, to be knowledgeable (in medicine, in philosophy), to be wise, prudent, of a considered judgment". The full ayat where the phrase appears says:

Those who you adore outside of Him are nothing but names that you and your fathers have given them. God has granted them no authority. Hukm is God's alone. He has commanded that you adore none but Him. Such is the right religion, but most people do not know. [Quran 12:40]

Which suggests that the Quran is talking about God's superiority over pagan idols, rather than His role in government. According to Meddeb, Quranic "commentators never forget to remind us that this verse is devoted to the powerlessness of the companion deities (pardras) that idolaters raise up next to God..."

Shura

Regarding the Quran's comments on shura (collective decision-making) Jebran Chemiah notes that while it is mentioned in the Quran twice, the comments say nothing further than that it is a good practice. The modality of the process, when, where and how shura should be used, whether the advise given must be followed, is not explained. Hadith, where obscure Quranic references are often explained when a theme from the Quran is thought worthy of explaining, say little or nothing. There is no evidence Muhammad held regular shura meetings with companions or ever felt their advice was binding on him when they gave it.

Islamic economics

Criticism of Islamist (or Islamic) economics have been particularly contemptuous, alleging that effort of "incoherence, incompleteness, impracticality, and irrelevance;" driven by "cultural identity" rather than problem solving. Another source has dismissed it as "a hodgepodge of populist and socialist ideas," in theory and "nothing more than inefficient state control of the economy and some almost equally ineffective redistribution policies," in practice.

In a political and regional context where Islamist and ulema claim to have an opinion about everything, it is striking how little they have to say about this most central of human activities, beyond repetitious pieties about how their model is neither capitalist nor socialist.

Riba

In Pakistan, the process of Islamization, including the banning of interest on loans or riba, got underway with military ruler General Zia al-Haq (1977–1988), a supporter of "Islamic resurgence" who pledged to eliminate 'the curse of interest.' One critic of this attempt, Kemal A. Faruki, complained that (at least in their initial attempts) Islamizers wasted much effort on "learned discussions on riba" and "doubtful distinctions between 'interest' and 'guaranteed profits,' etc." in Western-style banks, "while turning a blind eye" to a far more serious problem outside of the formal, Western-style banking system:

usury perpetrated on the illiterate and the poor by soodkhuris (lit. 'devourers of usury'). These officially registered moneylenders under the Moneylenders Act are permitted to lend at not more than 1% below the State Bank rate. In fact they are Mafia-like individuals who charge interest as high as 60% per annum collected ruthlessly in monthly installments and refuse to accept repayment of the principal sum indefinitely. Their tactics include intimidation and force.

Social justice

On the same note, another critic has attacked Islamist organizations in that country for silence about "any kind of genuine social or economic revolution, except to urge, appropriately, that laws, including taxation, be universally applied." In the strongly Islamic country of Pakistan for example, this despite the fact that "social injustice is rampant, extreme poverty exists, and a feudal political and social order are deeply rooted from eras preceding the country's founding." This lack of interest is not unique to Pakistan. "The great questions of gross maldistribution of economic benefits, huge disparities in income, and feudal systems of landholding and human control remain largely outside the Islamist critique."

Islamist interpretations of Sharia

Criticisms of Sharia law – or orthodox traditional historical interpretation of sharia law – are varied and not always in agreement. They include: that Islamist leaders are often ignorant of Islamic law, the Islamist definition of Sharia is in error, its implementation is impractical, and that flexible solutions have been ignored, that its scriptural basis has been corrupted, and that its enforcement is un-Islamic.

Ignorance

Despite the great importance Islamists gave to strict adherence to Sharia, many were not trained jurists. Islamic scholar and moderate Abou el Fadl complains that "neither Qutb nor Mawdudi were trained jurists, and their knowledge of the Islamic jurisprudential tradition was minimal. Nevertheless, like 'Abd al-Wahhad, Mawdudi and Qutb imagined Islamic law to be a set of clear cut, inflexible and rigid positive commands that covered and regulated every aspect of life."

Dale C. Eikmeier points out the "questionable religious credentials" of many Islamist theorists, or "Qutbists," which can be a "means to discredit them and their message":

With the exception of Abul Ala Maududi and Abdullah Azzam, none of Qutbism's main theoreticians trained at Islam's recognized centers of learning. Although a devout Muslim, Hassan al Banna was a teacher and community activist. Sayyid Qutb was a literary critic. Muhammad Abd al-Salam Faraj was an electrician. Ayman al-Zawahiri is a physician. Osama bin Laden trained to be a businessman.

Sharia as single universal set of laws to obey

Islamists such as Sayyid Qutb and Ayatollah Khomeini have argued that true Islam and a Muslim community cannot be said to exist without the application of Sharia law. According to Qutb, "The Muslim community with these characteristics vanished at the moment the laws of God [i.e. Sharia] became suspended on earth."

Khomeini preaches that Islamic government is needed

if the Islamic order is to be preserved and all individuals are to pursue the just path of Islam without any deviation, if innovation and the approval of the anti-Islamic laws by sham parliaments are to be prevented,

and in this Islamic government, (in fact "in Islam")

the legislative power and competence to establish laws belongs exclusively to God Almighty. The Sacred Legislator of Islam is the sole legislative power. No one has the right to legislate and no law may be executed except the law of the Divine Legislator.

Abou El Fadl replies that the Quran itself seems to deny there is one sharia for everyone to obey:

'To each of you God has prescribed a Law [Sharia] and a Way. If God would have willed, He would have made you a single people. But God's purpose is to test you in what he has given each of you, so strive in the pursuit of virtue, and know that you will all return to God [in the Hereafter], and He will resolve all the matters in which you disagree.'

According to these dissenters the definition of Sharia as being the body of Muslim jurisprudence, its various commentaries and interpretations, only came later in Islamic history. Many modernists argue this jurisprudence is "entirely man-made, written by Muslim scholars according to their various schools, based on their best understanding of how the Qur'an should be translated into codes of law."

One scholar, Muhammad Sa'id al-'Ashmawi a specialist in comparative and Islamic law at Cairo University, argues that the term Sharia, as used in the Qur'an, refers not to legal rules but rather to "the path of Islam consisting of three streams: 1) worship, 2) ethical code, and 3) social intercourse. Thus al-'Ashmawi and many other modernists insist that the Shari'a is very different than Islamic jurisprudence (fiqh) and that fiqh must be reinterpreted anew by scholars in every age in accordance with their understanding."

"In Turkey, the Islamist [or post-Islamist] Justice and Development Party has many members who speak of Sharia as a metaphor for a moral society."

Thus "there is no one Sharia but rather many different, even contesting ways to build a legal structure in accordance with God's vision for mankind."

One difference between this interpretation and the orthodox Sharia is in the penalty for apostasy from Islam. According to non-Islamist Sudanese cleric Abdullahi Ahmed An-Na'im, the Islamist interpretation of sharia, "is fundamentally inconsistent with the numerous provisions of the Quran and Sunna which enjoin freedom of religion and expression."

An illustration of the lack of a single universal Sharia is the fact that its proponents do not agree on one. Legal scholar Sadakat Kadri complains that

the supposed purists cannot even agree on which sins to repress. Saudi Arabia forces women to be veiled and forbids them to drive, while Iran allows females to show their faces behind wheels but threatens them with jail if they expose too much hair. Sunni rigorist insist that God hates men to be clean shaven, whereas Tehran's Ministry of Culture suggests in July 2010 that He was more perturbed by ponytails and mullets. Some extremists have even attached spiritual significance to customs that mandate physical violence, such as female genital mutilation and so-called honor killings, oblivious to the pagan roots of the first practice and the unequivocal hostility of the Qur'an and hadiths to the second one.

Overly simplistic

A related criticism is that Islamist "politics of identity have relegated the Sharia to a level of political slogan, instead of elevating it to the level of intellectual complexity at which our jurisprudential forefather discussed it, debated it, and wrote about it. .... Superficial political chants claiming that the Qur'an is our constitution or that the Shari'a is our guide," are heard but not discussion "of what a constitution is, which parts of the Qur'an are 'constitutional,' or how the Shari'a is to guide us on any particular matter of legal relevance."

Historical record

Leading Islamists maintain that in addition to being divine, Sharia (or again orthodox Sharia), is easy to implement. Qutb believed that Sharia would be no problem to implement because there is "no vagueness or looseness" in its provisions. Khomeini contended

Islam has made the necessary provision; and if laws are needed, Islam has established them all. There is no need for you, after establishing a government, to sit down and draw up laws, or, like rulers who worship foreigners and are infatuated with the west, run after others to borrow their laws. Everything is ready and waiting.

But critics complain that strict application of orthodox Sharia law has been tried repeatedly throughout Islamic history and always found to be impractical.

Olivier Roy refers to the call to enforce Sharia, as a periodic cycle of Islamic history "as old as Islam itself." But one that is "still new because it has never been fulfilled. It is a tendency that is forever setting the reformer, the censor, and tribunal against the corruption of the times and of sovereigns, against foreign influence, political opportunism, moral laxity, and the forgetting of sacred texts."

According to Daniel Pipes, "the historical record shows that every effort in modern times to apply the Shari'a in its entirety – such as those made in Saudi Arabia, the Sudan, Libya, Iran, and Pakistan – ended up disappointing the fundamentalists, for realities eventually had to be accommodated. Every government devoted to full implementation finds this an impossible assignment."

Quran as Constitution

"The Quran is our Constitution" or "the Quran is our law," is "the slogan encountered from the Egyptian Muslim Brotherhood to the Afghan Islamists." But non-Islamist criticism replies that only 245 of the 6000 verses in the Quran concern legislation. Among those only 90 concern constitutional, civil, financial or economic matter, scarcely enough to form a constitution. There is a resolution in Constitution of Pakistan that no law or policy can go against "the principles of Islam".

Ignoring Maslaha

A solution to this problem that is embraced by modernists and often ignored by Islamists, is the inclusion of the principle that Islamic law must serve the general common good or maslaha. This open-ended requirement clashes with Qutb's idea that there is "no vagueness or looseness" in Sharia. Dale Eickelman and James Piscatori write:

Many modernist use as the point of departure the well-established Islamic concept of maslaha (the public interest or common good.) For those schools that place priority on the role of maslaha in Islamic thinking, Islam by definition serves the common good; therefore, if a given policy or position demonstrably does not serve the public interest it simply is "not Islam". This formulation is used by the huge Muhammadiyah movement in Indonesia, among others. The pioneering Egyptian Islamic thinker Muhammad 'Abduh spoke in similar terms when he criticized Muslim neglect of the concept of 'common good' and rulers' emphasis on obedience above justice.

Ibn Aqil believed Islamic law could consider the welfare of those who broke Islamic law and go beyond what was "explicitly supported" by the Quran.

Islam approves of all policy which creates good and eradicates evil even when it is not based on any revelation. That is how the Companions of the Prophet understood Islam. Abu Bakr for example, appointed Umar to succeed him without precedent. Umar suspended the Quranically mandated punishment of hand amputation during a famine, he suspended it also when he discovered that two thieves, the employees of Hatib, were under-paid. And so on.

Ignoring problems with the development of orthodox Sharia

Finally there is the question of accuracy of the ahadith or sayings of the Prophet which forms the basis of most Sharia law. The sayings were not written down for some generations but transmitted orally. An elaborate method (the hadith sciences) has been developed to verify and rate hadith according to levels of authenticity, including isnad or chains of the hadith's transmission. Nonetheless, these were often not essential elements "in the dissemination of a hadith ... before the 9th century, when the collections were completed. Joseph Schacht's extensive research on the development of the Shariah has shown how quite a large number of widely acknowledged hadith had their chain of transmission added conjecturally so as to make them appear more authentic. Hence Schacht's maxim: 'the more perfect the isnad, the later the tradition.'" But as a non-Muslim Orientialist, the persuasive authority of Schacht and his works are limited.

Aside from these doubts of hadith, orthodox and Islamist teachers ignore the history of the development of Islamic jurisprudence over centuries maintaining that "Islamic law has not come into being the way conventional law has." It did not begin "with a few rules that gradually multiplied or with rudimentary concepts refined by cultural process with the passage of time." When in fact, according to Aslan, "that is exactly how the Shariah developed: 'with rudimentary concepts refined by cultural process with the passage of time.' This was a process influenced not only by local cultural practices but by both Talmudic and Roman law. ... the sources from which these [early schools of law] formed their traditions, especially ijma, allowed for the evolution of thought. For this reason, their opinions of the Ulama ... were constantly adapting to contemporary situations, and the law itself was continually reinterpreted and reapplied as necessary."

In the meantime at madrassas in the Muslim world, thousands of "young Muslims are indoctrinated in a revival of Traditionalist orthodoxy especially with regard to the static, literalist interpretation of the Quran and the divine, infallible nature of the Shariah."

Compulsion in Sharia

Islamist governments such as Iran's have emphasized compulsion in personal behavior (such as the wearing of hijab) enforced with religious police. The question here is, if compelling people to obey Shariah law means they may be obeying out of fear of punishment by men rather than devotion to God's law, and whether this obedience from fear negates the merit of the act in the eyes of God. Compulsion in religious observance deprives "the observant of the credit for following God's order through personal volition. Only free acts of piety and worship have merit in God's eyes."

Case of hijab

Hijab, or covering of a woman's head and body, is arguably "the most distinctive emblem of Islam". Compulsory wearing of the hijab is also a hallmark of Islamist states such as Iran and famously the Taliban Afghanistan. In the Islamic Republic of Iran, the Prosecutor-General, Abolfazl Musavi-Tabrizi has been quoted as saying: "Any one who rejects the principle of hijab in Iran is an apostate and the punishment for an apostate under Islamic law is death" (August 15, 1991). The Taliban's Islamic Emirate requires women to cover not only their head but their face as well, because "the face of a woman is a source of corruption" for men not related to them. The burqa Afghan women were required to wear in public was the most drastic form of hijab with very limited vision. Both states claim they are simply enforcing Sharia law.

"True terror" has reportedly been used to enforce hijab "in Pakistan, Kashmir, and Afghanistan," according to a Rand Corporation commentary by Cheryl Benard. "[H]undreds of women have been blinded or maimed when acid was thrown on their unveiled faces by male fanatics who considered them improperly dressed," for failure to wear hijab. An example being use of acid against women by Islamist leader Gulbuddin Hekmatyar in the 1970s, and a 2001 "acid attack on four young Muslim women in Srinagar ... by an unknown militant outfit, and the swift compliance by women of all ages on the issue of wearing the chadar (head-dress) in public."

Islamists in other countries have been accused of attacking or threatening to attack the faces of women in an effort to intimidate them from wearing of makeup or allegedly immodest dress.

But according to some critics there is a real question as to the scriptural or historical basis of this basic issue of Muslim women's lives. According to Leila Ahmed, nowhere in the whole of the Quran is "the term hijab applied to any woman other than the wives of Muhammad." Such critics claim that the veil predates the revelation of the Quran as it "was introduced into Arabia long before Muhammad, primarily through Arab contacts with Syria and Iran, where the hijab was a sign of social status. After all, only a woman who need not work in the fields could afford to remain secluded and veiled. ... In the Muslim community "there was no tradition of veiling until around 627 C.E."

Case of ridda

Traditionally ridda, or converting from Islam to another religion is a capital crime in Islam. Islamists have been noted for their enthusiasm in enforcing the penalty. But like enforcement of hijab wearing, there is question over the scriptural or historical basis of the proscribed sentence of death. According to reformist author Reza Aslan, belief in the death sentence for apostates originated with early Caliph Abu Bakr's "war against tribes that had annulled their oath of allegiance to the Prophet." The war was to "prevent Muhammad's community from dissolving back into the old tribal system," but was a political and not a religious war. "Still, the Riddah Wars did have the regrettable consequence of permanently associating apostasy (denying one's faith) with treason (denying the central authority of the Caliph)," which made apostasy "a capital crime in Islam."

Extra-Sharia innovations

Adaptations to modern times

Critics have noted that Islamists have claimed to uphold eternal religious/political principles but sometimes change with the times, for example embracing "far more modern and egalitarian" interpretations of social justice – including socialist ideas – than the rightly guided caliphs would ever have conceived of. Islamists in power in the Islamic Republic of Iran, have had to "quietly put aside" traditional Islamic divorce and inheritance law and replace them with statutes addressing "contemporary Iranian social needs," according to Graham Fuller. Another critic, Asghar Schirazi, has followed the progress of changes in divorce law in Iran, starting with the western innovation of court divorce for women – a deviation from traditional Islamic Talaq divorce introduced before the Islamic Revolution. Court divorce went from being denounced by the Ayatollah Khomeini in the 1960s as the product of orders by "agents of foreign powers for the purpose of annihilating Islam," to the law of the land in the Islamic Republic by 1992. Other loosening of prohibitions on previously unIslamic activity in the Islamic Republic include allowing the broadcast of music, and family planning.

Emergence of Church-like structures

According to Shahrough Akhavi, church-like behavior is found in the Islamic Republic of Iran where the state demand for obedience to the fatawa of supreme cleric Khomeini strongly resembled the doctrine of Papal infallibility of the Roman Catholic Church, and where the demotion of a rival of Khomeini, Ayatollah Mohammad Kazem Shariatmadari (d. 1986), resembled "defrocking" and "excommunicating," despite the fact that "no machinery for this has ever existed in Islam."

Other trends, such as centralized control over budgets, appointments to the professoriate, curricula in the seminaries, the creation of religious militias, monopolizing the representation of interests, and mounting a Kulturkampf in the realm of the arts, the family, and other social issues tell of the growing tendency to create an "Islamic episcopacy" in Iran.

Executive monopoly over legisaltion

Traditionally Sharia law was elaborated by independent jurist scholars, had precedence over state interests, and was applied to people rather than territories. "[T]he caliph, though otherwise the absolute chief of the community of Muslims, had not the right to legislate but only to make administrative regulations with the limits laid down by the sacred Law."

Islamists in Iran and Sudan extended the purview of Sharia but gave the state, not independent jurists, authority over it. The most extreme example of this was the Ayatollah Khomeini's declaration in 1988 that "the government is authorized unilaterally to abolish its lawful accords with the people and ... to prevent any matter, be it spiritual or material, that poses a threat to its interests." Which meant that, "for Islam, the requirements of government supersede every tenet, including even those of prayer, fasting and pilgrimage to Mecca." Something not even Atatürk, the most committed Muslim secularist, dared to do.

Traditionally Sharia applied to people rather than territories – Muslims were to obey wherever they were, non-Muslims were exempt. The idea that law was based on jurisdictions – with towns, states, counties each having their own laws – was a European import. "Turabi declares that Islam 'accepts territory as the basis of jurisdiction.' As a result, national differences have emerged. The Libyan government lashes all adulterers. Pakistan lashes unmarried offenders and stones married ones. The Sudan imprisons some and hangs others. Iran has even more punishments, including head shaving and a year's banishment.

Under the new Islamist interpretation, the "millennium-old exclusion" of non-Muslims "from the Sharia is over." Umar Abd ar-Rahman, the blind sheikh, "is adamant on this subject: 'it is very well known that no minority in any country has its own laws.'

Importation of Western political concepts

One critic has compiled a list of concepts borrowed from the West and alien to the Sharia used in the constitution of Islamic Republic of Iran: 'sovereignty of the people' (hakemiyat-e melli), 'nation' (mellat), 'the rights of the nation' (hoquq-e mellat), 'the legislature' (qovveh-e moqannaneb), 'the judiciary' (qovveh-e qaza'iyeh), 'parliament' (majles), 'republic' (jomhuri), 'consultation of the people' (hameh-porsi), 'elections' (entekhabat).

Idea of historical progress

Sayyid Qutb adopted the "Marxist notion of stages of history", with the demise of capitalism and its replacement with communism, but then adding yet another stage, the ultimate Islamic triumph. Islam would replace communism after humanity realized communism could not fulfill its spiritual needs, and Islam was "the only candidate for the leadership of humanity."

Feminism

But in explaining Islam's or Islamism's superiority in its treatment of women, many Islamists take positions unknown to the early Muslims they seek to emulate. Founder of the Muslim Brotherhood, Hasan al-Banna believed "Muslim women have been free and independent for fifteen centuries. Why should we follow the example of Western women, so dependent on their husbands in material matters?" President of the Islamic Republic of Iran Mohammad Khatami boasted that "under the Islamic Republic, women have full rights to participate in social, cultural, and political activities;" as did Islamist Hasan at-Turabi, the former leader of Sudan: "Today in Sudan, women are in the army, in the police, in the ministries, everywhere, on the same footing as men." Turabi explains that "a woman who is not veiled is not the equal of men. She is not looked on as one would look on a man. She is looked at to see if she is beautiful, if she is desirable. When she is veiled, she is considered a human being, not an object of pleasure, not an erotic image."

Political philosophy

Traditional Islam emphasized man's relation with God and living by Sharia, but not the state "which meant almost nothing to them but trouble ... taxes, conscription, corvée labor." Islamists and revivalists embrace the state, in statements like: Islam "is rich with instructions for ruling a state, running an economy, establishing social links and relationships among the people and instructions for running a family," and "Islam is not precepts or worship, but a system of government."

Rather than comparing their movement against other religions, Islamists are prone to say "We are not socialist, we are not capitalist, we are Islamic."

In his famous 1988 appeal to Gorbachev to replace Communism with Islam, Imam Khomeini talked about the need for a "real belief in God" and the danger of materialism, but said nothing about the five pillars, did not mention Muhammad or monotheism. What he did say was that "nowadays Marxism in its economic and social approaches, is facing a blind alley" and that "the Islamic Republic of Iran can easily supply the solution the believing vacuum of your country". Materialism is mentioned in the context of "materialistic ideology."

Enmity towards non-Muslims

Major Islamist figures such as Sayyid Qutb and Ayatollah Khomeini emphasize antipathy towards non-Muslims and anything un-Islamic. Sayyid Qutb, for example, opposed co-existence with non-Muslims and believed the world was divided into "truth and falsehood" – Islam being truth and everything else being falsehood. "Islam cannot accept or agree to a situation which is half-Islam and half-Jahiliyyah ... The mixing and co-existence of the truth and falsehood is impossible," Western civilization itself was "evil and corrupt," a "rubbish heap."

Olivier Roy explains Islamist attacks on Jews, Christians and other non-Muslims as a need for a scapegoat for failure.

Since Islam has an answer to everything, the troubles from which Muslim society is suffering are due to nonbelievers and to plots, whether Zionist or Christian. Attacks against Jews and Christians appear regularly in neofundamentalist articles. In Egypt, Copts are physically attacked. In Afghanistan, the presence of western humanitarians, who are associated with Christian missionaries [despite the fact that many if not most have secular often leftist backgrounds] is denounced.

Verses of the Quran and enmity

But whatever the explanation, the sentiments of Qutb and Khomeini seem to clash with what critics (such as Abou al-Fadl, Reza Aslan, Usama Hasan) believe are Quranic calls for moderation and toleration:

'all those who believe – the Jews, the Sabians, the Christians – anyone who believes in Allah and the Last Days, and who does good deeds, will have nothing to fear or regret.' [Quran 5:69]

'We believe in what has been revealed to us, just as we believe in what has been revealed to you [i.e. Jews and Christians] Our God and Your God are the same; and it is to Him we submit.' [Quran 29:46]

Another points out ayat endorsing diversity:

'If thy Lord had willed, He would have made humankind into a single nation, but they will not cease to be diverse ... And, for this God created them [humankind]' [Quran 11:118]

'To each of you God has prescribed a Law and a Way. If God would have willed, He would have made you a single people. But God's purpose is to test you in what He has given each of you, so strive in the pursuit of virtue, and know that you will all return to God [in the Hereafter], and He will resolve all the matters in which you disagree.' [Quran 5:48]

... and ayat that seem to be at odds with offensive jihad against non-Muslims Qutb and others promote:

"If your enemy inclines towards peace, then you should seek peace and trust in God" [Quran 8:61]

"... If God would have willed, He would have given the unbelievers power over you [Muslims], and they would have fought you [Muslims], Therefore, if they [the unbelievers] withdraw from you and refuse to fight you, and instead send you guarantees of peace, know that God has not given you a license [to fight them]." [Quran 4:90]

As Abou al-Fadl says, "these discussions of peace would not make sense if Muslims were in a permanent state of war with nonbelievers, and if nonbelievers were a permanent enemy and always a legitimate target."

Sunna and enmity

The behavior of the prophet during the 23 years of his ministry makes up Sunnah or model for all Muslims; but it was notably light on bloodletting after conquering Mecca in January 630 CE. While everyone was required to take an oath of allegiance to him and never again wage war against him, he "declared a general amnesty for most of his enemies, including those he had fought in battle. Despite the fact that Islamic law now made the formerly ruling Quraysh tribe his slaves, Muhammad declared all of Mecca's inhabitants (including its slaves) to be free. Only six men and four women were put to death for various crimes, and not one was forced to convert to Islam, though everyone had to take an oath of allegiance never again to wage war against the Prophet."

Alleged conspiracies against Islam

Khomeini believed "imperialists" – British and then American – had 300-year-long "elaborate plans for assuming control" of the East, the purpose of which was "to keep us backward, to keep us in our present miserable state so they can exploit our riches, our underground wealth, our lands and our human resources. They want us to remain afflicted and wretched, and our poor to be trapped in their misery ... " One complaint by a critic of this approach is that these "conspiracy theor[ies]" revolving around the "ready-to-wear devil" of the West mean that the West is not just malicious but in league with the devil (Shaytan). But if "every failure is the devil's work" then fighting it "is the same as asking God, or the devil himself (which is to say these days the Americans), to solve one's problems"; a situation that Olivier believes is "currently paralyzing Muslim political thought."

Interpretation of the Crusades

The belief of some, such as Sayyid Qutb, that the Crusades were an attack on Islam, or at least "a wanton and predatory aggression" against Muslim countries from which Muslims developed a rightful mistrust of Christians/Europeans/Westerners, has been called into question.

According to historian Bernard Lewis, the Crusades were indeed religious wars for Christians, but to

recover the lost lands of Christendom and in particular the holy land where Christ had lived, taught and died. In this connection, it may be recalled that when the Crusaders arrived in the Levant not much more than four centuries had passed since the Arab Muslim conquerors had wrested theses lands from Christendom – less than half the time from the Crusades to the present day – and that a substantial proportion of the population of these lands, perhaps even a majority, was still Christian."

The Arab Muslim contemporaries of the Crusaders did not refer to them as "Crusaders or Christians but as Franks or Infidels". Rather than raging at their aggression, Muslims allied with Crusaders and each other against other alliances of Crusaders and Muslims. Rather than being event of such trauma that Muslims developed an old and deep fear of Christians/Europeans/Westerners from it, the crusaders' invasion was just one of many such by barbarians coming from "East and West alike" during this time of "Muslim weakness and division." "With few exceptions, the Muslim historians show little interest in whence or why the Franks had come, and report their arrival and their departure with equal lack of curiosity."

Lewis argues that any traumatization from the Crusades felt by Muslims surely would pale in comparison to what European Christendom felt from Islam. The Crusades started in 1096 and the Crusaders lost their last toe-hold when the city of Acre, was taken less than two hundred years later in 1291, whereas Europe felt under constant threat from Islam, "from the first Moorish landing in Spain [711] to the second Turkish siege of Vienna [1683]."

All but the easternmost provinces of the Islamic realm had been taken from Christian rulers, and the vast majority of the first Muslims west of Iran and Arabia were converts from Christianity. North Africa, Egypt, Syria, even Persian-ruled Iraq had been Christian countries, in which Christianity was older and more deeply rooted than in most of Europe. Their loss was sorely felt and heightened the fear that a similar fate was in store for Europe. In Spain and in Sicily, Muslim faith and Arab culture exercised a powerful attraction, and even those who remained faithful to the Christian religion often adopted the Arabic language."

William Cantwell Smith observes that

until Karl Marx and the rise of communism, the Prophet organized and launched the only serious challenge to Western civilization that it has faced in the whole course of its history ... Islam is the only positive force that has won converts away from Christianity – by the tens of millions ...

Division of the Muslim world into multiple states

According to the Ayatollah Khomeini and other Islamists, one glaring example of an attempt by the West to weaken the ummah was the partition of the Ottoman Empire, the largest Muslim state and home of the Caliph, into 20 or so "artificially created" separate nations when that empire fell in 1918. Western powers did partition the Arab world (which made up most of the Ottoman Empire) after World War I, while the general Arab Muslim sentiment in much of the 20th Century was for wahda (unity).

In examining the question of whether this was a case of "divide and rule" policy by Western imperialists, international relations scholar Fred Halliday points out there were plenty of other explanations for the continued division:

  • rivalries between different Arab rulers and the reluctance of distinct regional populations to share statehood or power with other Arabs;
  • rivalries between Saudi Arabia and Yemen in the Peninsula or between Egypt and Syria;
  • in the case of the failure of the United Arab Republic and its division in 1961, anger in Syria over Egyptian dominance;
  • the difficulty of unifying a large group of states though they share the same language, culture and religion, and the desire to unify, is not unique to the Muslim world; but mirrored in the failure of Latin America to merge in the first decades of the 19th century after the Spanish withdrawal, when "broad aspirations, inspired by Simon Bolivar, for Latin American unity foundered on regional, elite and popular resistance, which ended up yielding, as in the Arab world, around twenty distinct states."

The more general claim that imperialism and colonialism divide in order to rule is, in broad terms, simplistic: the overall record of colonialism has been to merge and unite previously disparate entities, be this in 16th century Ireland, 19th-century India and Sudan or 20th century Libya and Southern Arabia. The British supported the formation of the League of Arab states in 1945 and tried, in the event unsuccessfully, to create united federations first in Southern Arabia (1962–67) and then in the Gulf states (1968–71). As Sami Zubaida has pointed out in his talks, imperialism in fact tends to unite and rule. It is independent states such as India and Pakistan (later Pakistan and Bangladesh), as well as Ireland, Cyprus and indeed, the USSR and Yugoslavia, that promote fragmentation."

While in theory the early Muslim world was united under the Rashidun, Umayyad and Abbasid caliphates, historian Bernard Lewis argues that Islam ceased to be united in "one single world state" after its first century and a half.

Antisemitism

Islamists, according to Robert S. Wistrich, are the primary force behind 21st century antisemitism.

Alleged Jewish conspiracies against Islam

Powerful and categorical anti-Jewish statements have been issued by Islamists from the Egyptian Muslim Brotherhood on the moderate end ("Such are the Jews, my brother, Muslim lion cub, your enemies and the enemies of God"), to Osama bin Laden at the extreme ("Jews are masters of usury and leaders in treachery").

Among Islamist opinion makers, both Qutb and Khomeini talked about Jews as both early and innate enemies of Islam. Qutb believed that

At the beginning the enemies of the Muslim community did not fight openly with arms but tried to fight the community in its belief through intrigue, spreading ambiguities, creating suspicions.

And goes on to say, "the Jews are behind materialism, animal sexuality, the destruction of the family and the dissolution of society."

Khomeini mentions the "Jews of Banu Qurayza", who were eliminated by Muhammad, as an example of the sort of "troublesome group" that Islam and the Islamic state must "eliminate." and explains that "from the very beginning, the historical movement of Islam has had to contend with the Jews, for it was they who first established anti-Islamic propaganda and engaged in various stratagems."

Qutb's anti-Judaism has been criticized as obsessive and irrational by Daniel Benjamin and Steven Simon who quote him saying

that 'anyone who leads this community away from its religion and its Quran can only be Jewish agent' – in other words, any source of division, anyone who undermines the relationship between Muslims and their faith is by definition a Jew. The Jews thus become the incarnation of all that is anti-Islamic, and such is their supposed animosity that they will never relent 'because the Jews will be satisfied only with destruction of this religion [Islam].' The struggle with the Jews will be a war without rules, since 'from such creatures who kill, massacre and defame prophets one can only expect the spilling of human blood and dirty means which would further their machinations and evilness.'

Alleged Jewish conspiracy against Muhammad

But specifically there is the legend of Jews conspired against Muhammad, those Jews being the Banu Qurayza mentioned by Khomeini, a tribe that collaborated with the Quraysh, the Muslims' powerful enemy, and whose men were executed and women and children sold into slavery in 627 AD as punishment.

That this event was the beginning of a Jewish-Muslim struggle is disputed by religious scholar Reza Aslan:

The execution of the Banu Qurayza was not, as it has so often been presented, reflective of an intrinsic religious conflict between Muhammad and the Jews. This theory, which is sometimes presented as an incontestable doctrine... is founded on the belief that Muhammad ... came to Medina fully expecting the Jews to confirm his identity as a prophet ... To his surprise, however the Jews not only rejected him but strenuously argued against the authenticity of the Qur'an as divine revelation. Worried that the rejection of the Jews would somehow discredit his prophetic claims, Muhammad had not choice but to turn violently against them, separate his community from theirs ...

Aslan believes this theory is refuted by historical evidence:

  • The Banu Qurayza were not executed for being Jews. Non-Jews were also executed following the Battle of the Trench. "As Michael Lecker has demonstrated, a significant number of the Banu Kilab – Arab clients of the Qurayza who allied with them as an auxiliary force outside Medina – were also executed for treason." Other Jews did not protest or side with the Banu Qurayza, and these Jews were left alone.
  • Most Jews were untouched. The 400 to 700 Banu Qurayza men killed were "no more than a tiny fraction of the total population of Jews who resided in Medina" who are estimated to have been between 24,000 and 28,000 These "remained in the oasis living amicably alongside their Muslim neighbors for many years" until they were expelled "under the leadership of Umar near the end of the seventh century C.E." along with all the other non-Muslims "as part of a larger Islamization process throughout the Arabian Peninsula."
  • "Scholars almost unanimously agree, the execution of the Banu Qurayza did not in any way set a precedent for future treatment of Jews in Islamic territories. On the contrary, Jews throve under Muslim rule, especially after Islam expanded into Byzantine lands, where Orthodox rulers routinely persecuted both Jews and non-Orthodox Christians for their religious beliefs, often forcing them to convert to Imperial Christianity under penalty of death. In contrast, Muslim law, which provided Jews and Christians 'protected peoples' Dhimmi status, neither required nor encouraged their conversion to Islam. ... In return for a special 'protection tax' called jizyah, Muslim law allowed Jews and Christians both religious autonomy and the opportunity to share in the social and economic institutions ..."

"Finally and most importantly, ... Jewish clans in Medina – themselves Arab converts – were barely distinguishable from their pagan counterparts either culturally or, for that matter, religiously."

  • They spoke a language called ratan, and "[t]here is no evidence that they either spoke or understood Hebrew. Indeed, their knowledge of the Hebrew Scripture was likely limited to just a few scrolls of law, some prayer books, and a handful of fragmentary Arabic translations of the Torah – What S. W. Baron refers to as a 'garbled, oral tradition.'"
  • They "neither strictly observed Mosaic law, nor seemed to have any real knowledge of the Talmud," nor were Israelites, which, according to J.G. Reissener, precluded them from being considered Jews. A non-Israelites Jew being required to be 'a follower of the Mosaic Law ... in accordance with the principles laid down in the Talmud,' according to the strong consensus of opinion among Diaspora Jewish communities.
  • In "their culture, ethnics, and even their religion, Medina's Jews ... were practically identical to Medina's pagan community, with whom they freely interacted and (against Mosaic law) frequently intermarried."
  • Archeologists haven't found any "easily identifiable archeological evidence of a significant Jewish presence" at Medina. The usual "indicators – such as the remnants of stone vessels, the ruins of immersion pools (miqva'ot), and the interment of ossuaries – must be present at a site in order to confirm the existence there of an established Jewish religious identity."

Hopes for world success and mass conversion

The worldwide ambition for both Islam and Islamist systems by Islamist leaders is indicated by Maududi who describes Islam in one of his books as

a comprehensive system which envisages to annihilate all tyrannical and evil systems in the world and enforces its own programme of reform which it deems best for the well-being of mankind.

Mass conversion around the world of non-Muslims to Islam would greatly facilitate enforcing an Islamist program, and according to Olivier Roy, "today's Islamist activists are obsessed with conversion: rumors that Western celebrities or entire groups are converting are hailed enthusiastically by the core militants."

Aside from the complaint that pushing for mass conversion of non-Muslims to a different religion and culture is aggressive and intolerant of their beliefs, Olivier Roy argues "the age of converting entire peoples is past," and it is simply unrealistic in an era where religious belief is considered a personal matter. Likewise, a strategy to gradually convert non-Muslims "until the number of conversions shifts the balance of the society," is also problematic. Converts to Islam "in a Christian environment" are generally "marginalized", "fanatics" or a "true mystics," in any case people who seldom have any desire or ability to join or build "a mass movement."

Ineffective results

Olivier Roy argues that, while Islamism has been wonderfully successful as a "mobilising slogan", it "just does not provide the answers to the problems of governing a modern states." Roy points to Egypt, the largest Arab Muslim country, where in the wake of the Arab Spring, the party of the oldest and largest Islamist movement (the Muslim Brotherhood) was by far the largest vote getter. It won the 2012 presidential election but within a year was overthrown and crushed by the military after millions filled the streets to protest its rule.

Another critic, Abdullahi Ahmed An-Na'im argues that, even in family law, where Islamic jurisprudence provides an abundance of rulings, Sharia law does not provide a clear basis for a centralised administration, because the very idea of centralised administration did not exist at the time when the various schools of Muslim family law were developed.

Failure of Islamists in power

Examples of the failure of personal virtue and disinterest in "building institutions" capable of handling the corruption of power and human frailty is manifest, (Roy believes), in the Islamic Republic of Iran and mujahideen Afghanistan. In both cases the heroic Islamic self-sacrifice that brought Islamist insurgents to power was followed by notably un-heroic and un-virtuous governance of the victorious warriors "demanding their due" in spoils and corruption, or abandon politics to "climbers, careerists, and unscrupulous businessmen." Islamists were no more successful than "other ideologies", in proving immune to the corruption of power.

In Iran the failure is seen not just in lack of support for Islamist government, but in the decline of the Islamic revival. "Mosques are packed" where Islamists are out of power, but "they empty out when Islamism takes power." In Islamist-ruled Iran, "one almost never sees a person praying in the street." Islamic jurists, which form a politically privileged class in Iran "were generally treated with elaborate courtesy" in the early years of the revolution. "'Nowadays, clerics are sometimes insulted by schoolchildren and taxi drivers and they quite often put on normal clothes when venturing outside Qom."

Disillusionment with what he calls the "faltering ideology" can also be found in Sudan, with Necmettin Erbakan in Turkey, or in the Algerian guerilla war.

Writing in 2020, Mustafa Akyol suggests a "Post-Islamist" backlash against Islamism among Muslim youth has come from all the "terrible things" that have happened in the Arab world recently "in the name of Islam" – such as the "sectarian civil wars in Syria, Iraq and Yemen".

In Turkey, the "moderate Islamist" AKP (Justice and Development Party) government of President Tayyip Erdogan has been in power for nearly twenty years and worked assiduously to cultivate a new "pious generation." Yet a report by a local branch Turkey's Ministry of Education recently warned of a "spread of deism among the youth" even in state sponsored religious schools. Although AKP is described as an Islamist party in some media, party officials reject those claims. Turkey continues to be a secular country. (Akyol does not include Erdogan or his AKP party in any post-Islamist configuration.) Akyol quotes religious conservative (Temel Karamollaoglu) who broke with Erdogan government and warns of "an empire of fear, a dictatorship in Turkey by those who claim to represent religion," which is "pushing people away from the religion." Sociologist Mucahit Bilici describes Turkey having undergone an "organic secularization, entirely civic and happening not at the behest of, but in spite of, the state. It is the consequence of a local, indigenous enlightenment, a flowering of post-Islamist sentiment."

In Iran, Akyol quotes Nicolas Pelham saying that from all visible signs in the capital Tehran, the 1979 Iranian Islamic Revolution has not re-Islamized Iranian society as much as the de-Islamized it. Islamic laws to enforce hijab and forbid alcohol all but openly flouted.

In Sudan, following the 2019 Revolution toppling Islamist dictator Omar al-Bashir "security forces found over $350 million in cash" in his residence alone. According to Abdelwahab El-Affendi, Islamism has come "to signify corruption, hypocrisy, cruelty and bad faith" in that country. "Sudan is perhaps the first genuinely anti-Islamist country in popular terms."

Polls taken by Arab Barometer in six Arab countries – Algeria, Egypt, Tunisia, Jordan, Iraq and Libya – found "Arabs are losing faith in religious parties and leaders." In 2018–19, in all six countries, fewer than 20% of those asked whether they trusted Islamist parties answered in the affirmative. That percentage had fallen (in all six countries) from when the same question was asked in 2012–14. Mosque attendance also declined more than 10 points on average, and the share of those Arabs describing themselves as "not religious" went from 8% in 2013 to 13% in 2018–19. In Syria, Sham al-Ali reports "Rising apostasy among Syrian youths".

Failure of Islamist policies

Separation of the sexes

Thorough hijab covering for women and separation of the sexes has been advocated by Islamists such as Abul A'la Maududi who argue it prevents men from "being distracted by women" and allow them "to successfully carry out their jobs in society", but critics have complained of the lack of correlation between separation and respect for women. In the country with perhaps the strictest policy of separation of the sexes (Saudi Arabia), one disillusioned Islamist (Ed Husain) who worked as an English teacher was startled at the attitude of Saudi Arabian men towards women. Husain complained that despite the strict Saudi policy separation of the sexes that he wished to emulate as an Islamist, he heard harrowing stories of kidnapping of women and encountered downloading of hard core pornography by his students that he never encountered in Britain or the more "secular" Syrian Republic where he also taught. Despite his wife's modest dress

out of respect for local custom, she wore the long black abaya and covered her hair in a black scarf. In all the years I had known my wife, never had I seen her appear so dull ... Yet on two occasions she was accosted by passing Saudi youths from their cars. ... In supermarkets I only had to be away from Faye for five minutes and Saudi men would hiss or whisper obscenities as they walked past. When Faye discussed their experiences with local women at the British Council they said, 'Welcome to Saudi Arabia'.

Had I not reached Saudi Arabia utterly convinced of my own faith and identity, then I might well have lost both. Wahhabism and its rigidity could easily have repelled me from Islam.

Comparisons to fascist ideology

Islamist protest in Sydney

Writers such as Stephen Suleyman Schwartz and Christopher Hitchens, find some elements of Islamism fascistic. Malise Ruthven, a Scottish writer and historian who writes on religion and Islamic affairs, opposes redefining Islamism as "Islamofascism", but also finds the resemblances between the two ideologies "compelling".

French philosopher Alexandre del Valle compared Islamism with fascism and communism in his Red-green-brown alliance theory.

Extraordinary claims require extraordinary evidence

From Wikipedia, the free encyclopedia
Carl Sagan, seen here with a model of Viking lander, popularized the aphorism.

"Extraordinary claims require extraordinary evidence" (sometimes shortened to ECREE), also known as the Sagan standard, is an aphorism popularized by science communicator Carl Sagan. He used the phrase in his 1979 book Broca's Brain and the 1980 television program Cosmos. It has been described as fundamental to the scientific method and is regarded as encapsulating the basic principles of scientific skepticism.

The concept is similar to Occam's razor in that both heuristics prefer simpler explanations of a phenomenon to more complicated ones. In application, there is some ambiguity regarding when evidence is deemed sufficiently "extraordinary". It is often invoked to challenge data and scientific findings, or to criticize pseudoscientific claims. Some critics have argued that the standard can suppress innovation and affirm confirmation biases.

Philosopher David Hume characterized the principle in his 1748 essay "Of Miracles". Similar statements were made by figures such as Thomas Jefferson in 1808, Pierre-Simon Laplace in 1814, and Théodore Flournoy in 1899. The formulation "extraordinary claims require extraordinary proof" was used a year prior to Sagan, by scientific skeptic Marcello Truzzi.

Application

An interesting debate has gone on within the [Federal Communications Commission] between those who think that all doctrines that smell of pseudoscience should be combated and those who believe that each issue should be judged on its own merits, but that the burden of proof should fall squarely on those who make the proposals. I find myself very much in the latter camp. I believe that the extraordinary should certainly be pursued. But extraordinary claims require extraordinary evidence.

— Carl Sagan in his 1979 book Broca's Brain

The aphorism "extraordinary claims require extraordinary evidence", according to psychologist Patrizio Tressoldi, "is at the heart of the scientific method, and a model for critical thinking, rational thought and skepticism everywhere". It has also been described as a "fundamental principle of scientific skepticism". The phrase is often used in the context of paranormal and other pseudoscientific claims. It is also frequently invoked in scientific literature to challenge research proposals, like a new species of Amazonian tapir, biparental inheritance of mitochondrial DNA, or a Holocene "mega-tsunami".

The concept is related to Occam's razor as, according to such a heuristic, simpler explanations are preferred to more complicated ones. Only in situations where extraordinary evidence exists would an extraordinary claim be the simplest explanation. It appears in hypothesis testing, where the hypothesis that there is no evidence for the proposed phenomenon, what is known as the "null hypothesis", is preferred. The formal argument involves assigning a stronger Bayesian prior to the acceptance of the null hypothesis as opposed to its rejection.

Origin and precursors

portrait of philosopher David Hume
Philosopher David Hume may have been the first to fully describe the principles of the Sagan standard.

Science communicator Carl Sagan popularized the aphorism in his 1979 book Broca's Brain, and in his 1980 television show Cosmos in reference to claims about extraterrestrials visiting Earth. Sagan had first stated the eponymous standard in a 1977 interview with The Washington Post. However, scientific skeptic Marcello Truzzi used the formulation "extraordinary claims require extraordinary proof" in an article published by Parapsychology Review in 1975, as well as in a Zetetic Scholar article in 1978. Two 1978 articles quoted physicist Philip Abelson—then the editor of the journal Science—using the same phrasing as Truzzi.

In his 1748 essay "Of Miracles", philosopher David Hume wrote that if "the fact ... partakes of the extraordinary and the marvellous ... the evidence ... received a diminution, greater or less, in proportion as the fact is more or less unusual". Deming concluded that this was the first complete elucidation of the standard. Unlike Sagan, Hume defined the nature of "extraordinary": he wrote that it was a large magnitude of evidence.

Others had also put forward very similar ideas. Quote Investigator cites similar statements from Benjamin Bayly (in 1708), Arthur Ashley Sykes (1740), Beilby Porteus (1800), Elihu Palmer (1804), and William Craig Brownlee (1824). The French scholar Pierre-Simon Laplace, in essays (1810 and 1814) on the stability of the Solar System, wrote that "the weight of evidence for an extraordinary claim must be proportioned to its strangeness". Thomas Jefferson in an 1808 letter expressed contemporary skepticism of meteorites thus: "A thousand phenomena present themselves daily which we cannot explain, but where facts are suggested, bearing no analogy with the laws of nature as yet known to us, their verity needs proofs proportioned to their difficulty."

Analysis and criticism

Sagan did not describe any concrete or quantitative parameters as to what constitutes "extraordinary evidence", which raises the issue of whether the standard can be applied objectively. Academic and climate change denialist David Deming notes that it would be "impossible to base all rational thought and scientific methodology on an aphorism whose meaning is entirely subjective". He instead argues that "extraordinary evidence" should be regarded as a sufficient amount of evidence rather than evidence deemed of extraordinary quality. Tressoldi noted that the threshold of evidence is typically decided through consensus. This problem is less apparent in clinical medicine and psychology, where statistical results can establish the strength of evidence.

Deming also noted that the standard can "suppress innovation and maintain orthodoxy". Others, like Etzel Cardeña, have noted that many scientific discoveries that spurred paradigm shifts were initially deemed "extraordinary" and likely would not have been so widely accepted if extraordinary evidence were required. Uniform rejection of extraordinary claims could affirm confirmation biases in subfields. Additionally, there are concerns that, when inconsistently applied, the standard exacerbates racial and gender biases. Psychologist Richard Shiffrin has argued that the standard should not be used to bar research from publication but to ascertain what is the best explanation for a phenomenon. Conversely, mathematical psychologist Eric-Jan Wagenmakers stated that extraordinary claims are often false and their publication "pollutes the literature". To qualify the publication of such claims, psychologist Suyog Chandramouli has suggested the inclusion of peer reviewers' opinions on their plausibility or an attached curation of post-publication peer evaluations.

Cognitive scientist and AI researcher Ben Goertzel believes that the phrase is used as a "rhetorical meme" without critical thought. Philosopher Theodore Schick argued that "extraordinary claims do not require extraordinary evidence" if they provide the most adequate explanation. Moreover, theists and Christian apologists like William Lane Craig have argued that it is unfair to apply the standard to religious miracles, as other improbable claims are often accepted based on limited testimonial evidence, such as an individual claiming that they won the lottery.

Sunday, May 31, 2026

Genocides in history

From Wikipedia, the free encyclopedia

Genocide is the intentional destruction of a people in whole or in part. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."

The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world", and it also states that "at all periods of history genocide has inflicted great losses on humanity." Genocide is widely considered to be the epitome of human evil, and has been referred to as the "crime of crimes". The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence.

Definitions of genocide

The debate continues over what legally constitutes genocide. One definition is any conflict that the International Criminal Court has so designated. Mohammed Hassan Kakar argues that the definition should include political groups or any group so defined by the perpetrator. He prefers the definition from Frank Chalk and Kurt Jonassohn, which defines genocide as "a form of one-sided mass killing in which a state or other authority intends to destroy a group so defined by the perpetrator."

In literature, some scholars have popularly emphasized the role that the Soviet Union played in excluding political groups from the international definition of genocide, which is contained in the Genocide Convention of 1948, and in particular they have written that Joseph Stalin may have feared greater international scrutiny of the political killings that occurred in the country, such as the Great Purge; however, this claim is not supported by evidence. The Soviet view was shared and supported by many diverse countries, and they were also in line with Raphael Lemkin's original conception, and it was originally promoted by the World Jewish Congress.

Historical genocides

The Holocaust heavily influences the popular understanding of genocide, as mass killing of innocent people based on their ethnic identity.

Genocides before World War I

Raphael Lemkin applied the concept of genocide to a wide variety of events throughout human history. He and other scholars date the first genocides to prehistoric times. Ancient sources like the Hebrew Bible have been cited by some scholars as acts of genocide although this is criticised by biblical scholars who argue that such a description is anachronistic. Genocide in the ancient world often consisted of the massacre of men and the enslavement or forced assimilation of women and children—often limited to a particular town or city rather than applied to a larger group. Potential medieval examples are found in Europe, even though experts caution against applying a modern term like genocide to such events. Overall, premodern examples that can be considered genocide were relatively uncommon. Beginning in the early modern period, racial ideologies emerged as a more important factor.

According to Frank Chalk, Helen Fein, and Kurt Jonassohn, if a dominant group of people had little in common with a marginalized group of people, it was easy for the dominant group to define the marginalized group as a subhuman group; the marginalized group might be labeled a threat that must be eliminated.

The expansion of various European colonial powers, such as the British and Spanish Empires, and the subsequent establishment of colonies on indigenous territory frequently involved acts of genocidal violence against indigenous groups in the Americas (including Brazil, Paraguay, Canada, and the United States), Australia, Africa, and Asia. According to Lemkin, colonisation was in itself intimately connected with genocide. He saw genocide as a two-phase process: in the first, the indigenous population's way of life was destroyed; and in the second, the newcomers impose their way of life on the indigenous group.

According to David Maybury-Lewis, imperial and colonial forms of genocide are enacted in two main ways, either through the deliberate clearing of territories of their original inhabitants to make them exploitable for purposes of resource extraction or colonial settlements, or through enlisting indigenous peoples as forced laborers in colonialist or imperialist projects of resource extraction. The designation of specific events as genocidal is often controversial.

During the 17th century Beaver Wars, the Iroquois destroyed several large tribal confederacies—including the Mohicans, Huron, Neutral, Erie, Susquehannock, and northern Algonquins—with extreme brutality. The exterminatory nature of the mode of warfare practised by the Iroquois caused some historians to label these events as acts of genocide.

Genocides from World War I through World War II

Expulsion of Poles by Nazi Germany. The Generalplan Ost envisaged the deportation, extermination, Germanisation, and enslavement of all or most Poles, Czechs, Ukrainians, Belarusians and Russians.

In 1915, one year after the outbreak of World War I, the concept of crimes against humanity was introduced into international relations for the first time, when the Allies of World War I sent a letter to the government of the Ottoman Empire, a member of the Central Powers, to protest against the late Ottoman genocides that were taking place within the empire, among them, the Armenian genocide, the Assyrian genocide, the Greek genocide, and the Great Famine of Mount LebanonThe Holocaust, the Nazi genocide of six million European Jews from 1941 to 1945 during the Second World War, is the most studied genocide, and it is also a prototype of genocide; one of the most controversial questions among comparative scholars is the question of the Holocaust's uniqueness, which led to the Historikerstreit in West Germany during the 1980s, and whether there exist historical parallels, which critics believe trivializes it. It is considered to be the "worst case" paradigm of genocide.

Russian soldiers pictured in the former Armenian village of Sheykhalan near Mush, 1915

Genocide studies started as a side academic field of Holocaust studies, whose researchers associated genocide with the Holocaust and believed that Lemkin's definition of genocide was too broad. In 1985, the United Nations' (UN) Whitaker Report cited the massacre of 100,000 to 250,000 Jews in more than 2,000 pogroms which occurred as part of the White Terror during the Russian Civil War as an act of genocide; it also suggested that consideration should be given to ecocide, ethnocide, and cultural genocide.

Genocides from 1946 through 1999

The Genocide Convention was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951. After the necessary 20 countries became parties to the convention, it came into force as international law on 12 January 1951; however, only two of the five permanent members of the UN Security Council were parties to the treaty, which caused the Convention to languish for over four decades. During the Cold War era, mass atrocities were committed by communist regimes, as well as by anti-communist/capitalist regimes, among them the Indonesian mass killings of 1965–66, the 1971 Bangladesh genocide, the Cambodian genocide, the Guatemalan genocide and the East Timor genocideInternational courts have found a small number of events as constituting genocide, such as the Rwandan genocide and the Srebrenica genocide. The Rwandan genocide also gave an extra impetus to genocide studies in the 1990s.

Genocides after 2000

Photographs of victims of the Rwandan genocide at the Kigali Genocide Memorial in Rwanda

In 2021, David Alton, Helen Clark, and Michael Lapsley wrote that the reasons for the Rwandan genocide and for the atrocities of the Yugoslav Wars have been analyzed in-depth, and that genocide prevention has been extensively discussed in the 21st century.

A group of 34 non-governmental organizations and 31 individuals, calling themselves African Citizens, referred to the Rwanda: The Preventable Genocide report prepared by a panel headed by former Botswana president Quett Masire for the Organisation of African Unity, which later became the African Union. African Citizens highlighted the sentences, commenting: "Indisputably, the most important truth that emerges from our investigation is that the Rwandan genocide could have been prevented by those in the international community who had the position and means to do so. ... The world failed Rwanda. ... [The United Nations] simply did not care enough about Rwanda to intervene appropriately." Chidi Odinkalu, former head of the National Human Rights Commission of Nigeria, was among those involved with African Citizens.

On 20 November 2021, Genocide Watch predicted genocide in Ethiopia, in the context of the war in Tigray and also the violence across the Oromia, and the Benishangul-Gumuz (Metekel) regions that worsened since 2018. On 21 November, Odinkalu called for genocide prevention, stating: "We need to focus on an urgent programme of Genocide Prevention advocacy on Ethiopia NOW. It may be too late in 2 weeks, guys." On 26 November, African Citizens and Alton, Clark, and Lapsley also called for the predicted genocide to be prevented.

The Rohingya genocide is an ongoing genocide of the Muslim Rohingya people consisting of arson, rape, ethnic cleansing, and infanticide by the Burmese military. The genocide has so far consisted of two phases so: the first was a military crackdown that occurred from October 2016 to January 2017, and the second has been occurring since August 2017.

The Chinese government has engaged in a series of human rights abuses against Uyghurs and other ethnic and religious minorities in Xinjiang. Legislatures in several countries, including Canada, the United Kingdom, and France, have passed non-binding motions describing China's actions as genocide. The United States officially denounced China's treatment of Uyghurs as a genocide.

International prosecution

Ad hoc tribunals

Gravestones at the Potočari genocide memorial near Srebrenica

In 1951, only two of the five permanent members of the UN Security Council (UNSC) were parties to the convention, namely France and the Republic of China. The treaty was ratified by the Soviet Union in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. In the 1990s, the international law on the crime of genocide began to be enforced.

Bosnia and Herzegovina

Exhumed mass grave of Srebrenica massacre victims in 2007

In July 1995, Serbian forces killed more than 8,000 Bosniaks (Bosnian Muslims), mainly men and boys, both in and around the town of Srebrenica during the Bosnian War. The killing was perpetrated by units of the Army of Republika Srpska which were under the command of General Ratko Mladić. The Secretary-General of the United Nations described the mass murder as the worst crime on European soil since the Second World War. A paramilitary unit from Serbia known as the Scorpions, officially a part of the Serbian Interior Ministry until 1991, participated in the massacre, along with several hundred Russian and Greek volunteers.

In 2001, the International Criminal Tribunal for the Former Yugoslavia delivered its first conviction for the crime of genocide, against General Krstić for his role in the 1995 Srebrenica massacre (on appeal he was found not guilty of genocide but was instead found guilty of aiding and abetting genocide).

In February 2007, the International Court of Justice returned a judgment in the Bosnian Genocide Case. It upheld the findings of the International Criminal Tribunal for the Former Yugoslavia that genocide had been committed in and around Srebrenica but did not find that genocide had been committed on the wider territory of Bosnia and Herzegovina during the war. The court also ruled that Serbia was not responsible for the genocide nor was it responsible for "aiding and abetting it", although it ruled that Serbia could have done more to prevent the genocide and that Serbia failed to punish the perpetrators. Before this ruling, the term Bosnian Genocide had been used by some academics and human rights officials.

In 2010, Vujadin Popović, Lieutenant Colonel and the Chief of Security of the Drina Corps of the Bosnian Serb Army, and Ljubiša Beara, Colonel and Chief of Security of the same army, were convicted of genocide, extermination, murder and persecution by the International Criminal Tribunal for the Former Yugoslavia for their role in the Srebrenica massacre and were each sentenced to life in prison. In 2016 and 2017, Radovan Karadžić and Ratko Mladić were sentenced for genocide.

German courts handed down convictions for genocide during the Bosnian War. Novislav Djajic was indicted for his participation in the genocide, but the Higher Regional Court failed to find that there was sufficient certainty for a criminal conviction for genocide. Nevertheless, Djajic was found guilty of 14 counts of murder and one count of attempted murder. At Djajic's appeal on 23 May 1997, the Bavarian Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca. The Higher Regional Court (Oberlandesgericht) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgic, a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica. On 29 November 1999, the Higher Regional Court (Oberlandesgericht) of Düsseldorf "condemned Maksim Sokolovic to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions."

Rwanda

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offences committed during the Rwandan genocide during April and May 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the UN Security Council to resolve claims in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. For approximately 100 days from the assassination of President Juvénal Habyarimana on 6 April through mid-July, at least 800,000 people were killed according to a Human Rights Watch estimate.

As of mid-2011, the ICTR had convicted 57 people and acquitted 8. Another ten persons were still on trial while one (Bernard Munyagishari) is awaiting trial; nine remain at large. The first trial, of Jean-Paul Akayesu, ended in 1998 with his conviction for genocide and crimes against humanity. Jean Kambanda, the interim prime minister during the genocide, pleaded guilty. This was the world's first conviction for genocide, as defined by the 1948 Convention.

Cambodia

Skulls at the Choeung Ek memorial in Cambodia

The Khmer Rouge, led by Pol Pot, Ta Mok, and others, perpetrated the mass killing of ideologically suspect groups, ethnic minorities such as ethnic Vietnamese, Chinese or Sino-Khmers, Chams, and Thais, former civil servants, former government soldiers, Buddhist monks, secular intellectuals and professionals, and former city dwellers. Khmer Rouge cadres who were defeated in factional struggles were also liquidated in purges. Man-made famine and slave labor resulted in many hundreds of thousands of deaths. Craig Etcheson suggested that the death toll was between 2 and 2.5 million, with a most likely figure of 2.2 million. After spending five years excavating 20,000 grave sites, he concluded that "these mass graves contain the remains of 1,386,734 victims of execution." One researcher, Steven Rosefielde, representing a minority opinion, argued that the Khmer Rouge were not racist by claiming that they did not intend to exterminate ethnic minorities, and he also stated that the Khmer Rouge did not intend to exterminate the Cambodian people as a whole; in his view, the Khmer Rouge's brutality was the product of an extreme version of communist ideology.

On 6 June 2003, the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC), which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of Cambodia from 1975 to 1979. The judges were sworn in during early July 2006. The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007:

Khieu Samphan at a public hearing before the pre-trial Cambodia Tribunal on 3 July 2009
  • Kang Kek Iew was formally charged with war crimes and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal was rejected on 3 February 2012, and he continued serving a sentence of life imprisonment.
  • Nuon Chea, a former prime minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. On 16 November 2018, he was sentenced to life in prison for genocide.
  • Khieu Samphan, a former head of state, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial also began on 27 June 2011. On 16 November 2018, he was sentenced to life in prison for genocide.
  • Ieng Sary, a former foreign minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial began on 27 June 2011. He died in March 2013.
  • Ieng Thirith, wife of Ieng Sary and a former minister for social affairs, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.

Some of the international jurists and the Cambodian government disagreed over whether any other people should be tried by the Tribunal.

International Criminal Court

The ICC can only prosecute crimes that were committed on or after 1 July 2002.

Darfur, Sudan

Sudanese President Omar al-Bashir, wanted by the ICC

The racial conflict in Darfur, Sudan, which started in 2003, was declared a genocide by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has followed suit. In January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report stating that "the Government of the Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."

In March 2005, the Security Council formally referred the situation in Darfur to the ICC, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes", but did not find sufficient evidence to prosecute for genocide.

In April 2007, the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Janjaweed militia leader, Ali Kushayb, for crimes against humanity and war crimes. On 14 July 2008, the ICC filed ten charges of war crimes against Sudan's president Omar al-Bashir, three counts of genocide, five of crimes against humanity, and two of murder. Prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity. On 4 March 2009, the ICC issued a warrant for al-Bashir's arrest for crimes against humanity and war crimes but not for genocide. This is the first warrant issued by the ICC against a sitting head of state.

International Court of Justice

Ukraine

Two days after the start of the Russian invasion of Ukraine in 2022, on 26 February, Ukraine brought the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide before the International Court of Justice. The case followed false Russian accusations of genocide in Donbas which genocide scholars have described as accusation in a mirror as part of a campaign of genocide incitement. The court is conducting an investigation of all allegations of genocide in Ukraine. In November 2022, Ukraine's Prosecutor General Andriy Kostin said that during the course of five proceedings on genocide by law enforcement, investigators had recorded "more than 300 facts that belong precisely to the definition of genocide".

Rohingya

On 11 November 2019, The Gambia lodged an application to the International Court of Justice against Myanmar. It alleged that Myanmar has committed mass murder, rape, and destruction of communities against the Rohingya group in Rakhine state since about October 2016 and that those actions violated the Genocide Convention.

Israel

On 29 December 2023, South Africa filed an application instituting proceedings with the International Court of Justice against Israel, alleging that it had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the "Genocide Convention") during its 2023 offensive in the Gaza Strip. South Africa's standing is based on the erga omnes partes nature of the Genocide Convention, which allows and obligates States Parties to the convention to take measures to prevent and punish the crime of genocide. South Africa requested indication of provisional measures by the court, including that Israel end its military operations, to "protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention", triggering an urgent preliminary hearing. Public hearings on the provisional measures question were held on 11 January (oral arguments by South Africa) and 12 January (oral arguments by Israel), respectively.

Evolutionary psychiatry

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Evolutionary_psychiatry   Evo...