The Muslim Conduct of State by Dr. M. Hamidullah

This is an excerpt from The Muslim Conduct of State by Dr. Muhammad Hamidullah

(304) Before we begin with the laws of war, it is to be noted that the hostile relations of two or more States do not always amount to war. More often than not they fall short of war; and fighting and bloodshed, or, at least, the mobilization of the whole of the public forces of a State does not take place. These relations must be dealt with first.

1. Reprisals

(305) These signify a forcible mode of redress by which often a resort is made to the so-called lex talionis. Such are the seizer or destruction by one State of the property belonging to another State or its subjects, the extension of ambassadors, temporary occupation of the adversary's territory and the like. In this connection the Qur'an lays down:

"The forbidden things are reciprocal. So one who transgresseth against you, transgress against him in like manner as he has transgressed against you and fear God. And know that God is with those who fear [Him]" (ii. 194).
"The guerdon of an ill deed is an ill the like thereof. But whoever pardoneth and amendeth, his wage is the affair of God. Lo! He loveth not wrongdoers. And whoso defendeth himself after he hath suffered wrong -- for such, there is no way of blame against them. The way of blame is only against those who oppress mankind, and wrongfully rebel in the earth. For such is a painful doom." (xii. 40-42 cf X, XL. 40).

(306) The expedition of Mu'tah was intended for similar purposes. The plenipotentiaries [a person and especially a diplomatic agent invested with full power to transact business] of the Quraish were detained, after the conclusion of the treaty of Hudaibiyah, on the same grounds. In later Islamic history such cases abound.

2. Pacific Blockade

(307) This means a blockade of the port or ports of the enemy and the preventing of all ingress or egress, but no bombardment. This blockade has for [an] object [the] obtaining [of] redress. This is a later occurrence, and I could not to find an earlier instance than 1866-68, when the Turks, during a rebellion, blockaded Crete and thus crushed the insurrection. The note of Mustafa Pasha may be referred to in this connection with profit. [3]

3. Miscellany

(308) In modern times, other kinds of hostile activities falling short of war are to be noted, for instance, the breaking of diplomatic relations, postponement of the enforce[ment] of treaties, economic pressure and a variety of other things.

(309) Further, frontier incidents occurring from time to time, and skirmishes and clashes between the forces of States those tense relations have not yet developed into actual war must also be classed in this category of relations.