Masyumi's "Djihad dan Qitaal" and Islamic Laws of War: Ahead of Its Time?

  • Fajri Matahati Muhammadin Department of International Law, Faculty of Law, Universitas Gadjah Mada; and the International Law and Maritime Affairs Research Unit, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia.
  • Fairuz El Mechwar Foundation for International Human Rights Reporting Standards
https://doi.org/10.19105/al-lhkam.v18i2.6187
Abstract views: 608 , PDF downloads: 1147
Keywords: Masyumi, Indonesia, Jihad, Islamic law, international humanitarian law

Abstract

During the post-independence wars in Indonesia, Masyumi’s “Djihad dan Qitaal” was a book serving as a guide for the laskar (Islamic militia) in conducting jihad against those who were attempting to re-conquer Indonesia, including the Dutch and the British forces. We utilize literature research and interviews (obtaining secondary data) to examine the extent of this book’s contribution in terms of legal scholarship, particularly in the context of its historical setting (1945-1948). This research first explores the significance of “Djihad dan Qitaal” during the post-independence wars among the laskar. Second, we explore both the Islamic laws of war (fiqh al-jihad ) and the International Humanitarian Law (IHL) applicable at that time. We find that Djihad dan Qitaal” was a very important book during the war, at least in two things. First, Masyumi’s “Djihad dan Qitaal” is an important war manual used by the laskar during the post-independence wars, and it teaches Islamic laws of war as well as strengthens the spirit of jihad. Second, despite the conciseness of the book, the Islamic laws of war explained have prescribed and encouraged restraint in warfare in a way that fulfills the purpose of IHL, and is sometimes even more advanced than the IHL applicable at that time

Downloads

Download data is not yet available.

Author Biographies

Fajri Matahati Muhammadin, Department of International Law, Faculty of Law, Universitas Gadjah Mada; and the International Law and Maritime Affairs Research Unit, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia.

Asst. Professor at the Department of International Law, Faculty of Law, Universitas Gadjah Mada

Associate Member, International Law and Maritime Affairs Research Unit, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia

Fairuz El Mechwar, Foundation for International Human Rights Reporting Standards

Intern

Published
2023-10-15
Issue
Vol. 18 No. 2 (2023)
Section
Articles

Copyright (c) 2023 AL-IHKAM: Jurnal Hukum & Pranata Sosial

Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Publishing your paper with Al Ihkam (Jurnal Hukum & Pranata Sosial/Journal of Law & Social Studies) means that the author or authors retain the copyright in the paper. Al Ihkam granted an exclusive non commercial reuse license by the author(s), but the author(s) are able to put the paper onto a website, distribute it to colleagues, give it to students, use it in your thesis etc, so long as the use is not directed at commercial advantage or toward private monetary gain. The author(s) can reuse the figures and tables and other information contained in their paper published by Al Ihkam in future papers or work without having to ask anyone for permission, provided that the figures, tables or other information that is included in the new paper or work properly references the published paper as the source of the figures, tables or other information, and the new paper or work is not direct at private monetary gain or commercial advantage.

Al Ihkam journal (Journal of Law & Social Studies) provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge & be non-commercial, they don’t have to license their derivative works on the same terms.

Al Ihkam journal Open Access articles are distributed under this Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA). Articles can be read and shared for noncommercial purposes under the following conditions:

  • BY: Attribution must be given to the original source (Attribution)
  • NC: Works may not be used for commercial purposes (Noncommercial)