Shariah Permits Prosecuting Muslims who Destroy Historical Monuments such as Shrines in Timbuktu

Shariah Permits Prosecuting Muslims who Destroy Historical Monuments such as Shrines in Timbuktu
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Ahmed Al-Faqi Al-Mehdi before the International Criminal Court in the Hague
Ahmed Al-Faqi Al-Mehdi before the International Criminal Court in the Hague
ROBIN VAN LONKHUIJSEN/AFP/GETTY IMAGES

The trial of a Muslim militant for destroying historical monuments in Timbuktu (Mali) is under way before the International Criminal Court (ICC) in The Hague. Ahmed Al-Faqi Al-Mehdi, known as Abou Tourab, is not contesting the charges of taking part in the destruction of shrines built for Muslim Sufis in the legendary city of Timbuktu, a center of world civilization from the 13 to the 16 centuries, long before, for example, the United States (1776) came into being and long before the Eiffel Tower (1889) and Taj Mahal (1643) were built. Abou Tourab is charged with war crimes under the Rome Statute, a global treaty that establishes the ICC to prosecute generals, presidents, prime ministers, kings, and queens for commanding the commission of genocide, war crimes, crimes against humanity, and the crime of aggression.

The international criminal court is a promising institution for enforcing high-level accountability even though so far, regrettably, it has reached only African leaders and Muslim militants. Despite this lopsidedness, however, it will be a mistake to argue that the Rome Statute is the Western law imposed on Africa or the Muslim world. Many African and Muslim states are willing parties to the Rome Statute while some Western states, including the United States, are not.

This commentary explains that the Rome Statute is compatible with the Shariah ― the Islamic law derived from the Qur’an and the Prophet’s Sunnah. The Shariah allows the prosecution, conviction, and punishment of Muslims, whether they are militants or state officials, who destroy historical monuments belonging to any people, religion, era, or civilization.

It is no historical fluke that for hundreds of years, the ancient pre-Islamic monuments located in Egypt, Syria, Iraq, Jordan, Pakistan, and elsewhere in Muslim lands have been protected by Muslim rulers and Muslim communities. Here and there, some misguided Muslims have breached the Shariah and destroyed non-Islamic monuments and houses of worship.

The ICC is prosecuting Abou Tourab for destroying Muslim monuments in Mali, a Muslim state. However, the Shariah would allow the prosecution and punishment of Muslims destroying even non-Muslim monuments. For example, the Shariah would indict the Taliban who demolished the Buddha statues in Afghanistan as it would indict Islamic State Caliph Al-Baghdadi under whose command the temple of Baal, a pre-Islamic deity, has been wrecked in Syria.

Absolute Tolerance

Undoubtedly, Islam offers a unique concept of One God who bears no resemblance to any ethereal or material creatures including human beings. The non-anthropomorphic pure monotheism of Islam intensifies prohibition against worshipping saints, Swamis, and Sufis, or reducing God to any representative material manifestation such as idols and images. This concept of One God ― a remarkable contribution to the annals of monotheism ― cannot be forced upon non-Muslims for the Qur’an prohibits compelling non-Muslims to subscribe to the Islamic belief system (2:256).

Absolute tolerance of all religious communities, including polytheists and atheists, is an inseverable part of Islamic faith binding on all Muslims. Any deviation from this obligation is a crime under the Shariah. If a group of militants believes that certain faith communities within Islam, such as shrine-visitors, are non-Muslims, the militants remain under the Shariah obligation not to harm the shrines. Similarly, the temples of Baha’is, the mosques of Qadianis, and the imambaras of Shias, all are inviolable and worthy of respect. No sect of Islam has been empowered to pass judgments on other sects.

Destroying temples, synagogues, and churches of non-Muslim communities is also strictly prohibited for they too are sacred houses where God is worshiped. Note that the Qur’an uses the word masjid in a generic sense even though in popular usage the word masjid is used for Muslim houses of worship. Under the Qur’an’s divine etymology, any house of worship of a Muslim or non-Muslim faith community is a masjid. “O children of Adam, clothe yourself decently when you attend kulli masjidin (houses of worship) (7:31).” The intended audience of this verse is the entire humanity and not just Muslims.

Furthermore, what is not permitted in peacetimes is also not permitted in war times. The Islamic law of war allows fighting for just causes because Islam is a peaceful but not a pacifist religion. However, the Shariah places obligations on Muslim warriors to observe a strict humanitarian code of warfare founded on proportionality, compassion, forgiveness, and minimal damage to property. This code prohibits any wanton destruction of villages, water supplies, crops, and houses of worship. The Islamic State (ISIL) is loathed by Muslims across the world because of its brutality, torture, demolitions, and utter disregard of the Shariah humanitarian law.

The Shariah places obligations on Muslim warriors to observe a strict humanitarian code of warfare founded on proportionality, compassion, forgiveness, and minimal damage to property.

The prosecution of Al-Mehdi is not only appropriate but required under the Shariah. Al-Mehdi’s confession of guilt is consistent with the Shariah. Since the Rome Statute is for the most part compatible with the Shariah, Muslim rulers must fully cooperate in the prosecution of misguided militants who harm the common heritage of humankind.

It is also hoped that the ICC would broaden its prosecutorial net to indict the leaders of powerful Western states, who unleash military actions in Muslim states without any regard for the destruction of historical monuments located in these states. Western leaders who start illegal wars and endanger the destruction of world heritage monuments must be brought to justice under the Rome Statute.

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