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The Layha for the Mujahidin: An Analysis of the Code of Conduct for the Taliban Fighters Under Islamic Law

International Review of the Red Cross, Vol. 93, No. 881, pp. 81-102, March 2011

22 Pages Posted: 5 Apr 2011 Last revised: 15 Oct 2011

Muhammad Munir

International Islamic University; VP (AF&P)

Date Written: April 5, 2011

Abstract

The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic law and international humanitarian law. The author argues that many of the Taliban rules have only a limited basis in, or are wrongly attributed to, Islamic law.

Keywords: layha for the mujahideen in Afghanistan, code of conduct for the mujahideen, Taliban, Islamic jus in bello, non-state Islamic actors

Suggested Citation

Munir, Muhammad, The Layha for the Mujahidin: An Analysis of the Code of Conduct for the Taliban Fighters Under Islamic Law (April 5, 2011). International Review of the Red Cross, Vol. 93, No. 881, pp. 81-102, March 2011. Available at SSRN: https://ssrn.com/abstract=1802907

Muhammad Munir (Contact Author)

International Islamic University ( email )

H-10
Director General Shari'ah Academy
Islamabad, Islamabad Capital Territory 44,000
Pakistan
0092-51-9260241 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

VP (AF&P) ( email )

New Campus, Hazrat Umer Block, H-10 Sector
Islamabad, Islamabad Capital Territory 44,000
Pakistan
+92-51-9258060 (Phone)
+92-51-9019204 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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