Mutilations and Muslim law
By Jeff Jacoby
"A recent fatwa posted on a popular
Islamic website in Saudi Arabia," reports Neil McFarquhar in The New York
Times, "explains when a Muslim may mutilate the corpse of an infidel."
The ruling by Sheik Omar Abdullah Hassan al-Shehabi specifies two
circumstances in which the desecration of an infidel — i.e., a non-Muslim —
is permitted. One is retaliation — "when the enemy is disfiguring Muslim
corpses or when it otherwise serves the Islamic nation." The other is when
mutilation will "terrorize the enemy" or "gladden the heart of a
Muslim warrior."
With conditions like those, it is hard to imagine any situation in which an
Islamist militant couldn't justify the mutilation of a victim's body.
"That a cleric can post such an argument in an open forum,"
comments McFarquhar, "goes a long way toward explaining how the most
radical interpretations of religious texts flourish in Saudi Arabia."
But it isn't only in Saudi Arabia that they flourish.
The popular "Ask the Scholar" feature of Islam Online (www.islamonline.net)
was recently asked "how Islam views the issue of mutilating dead bodies of
enemies." In a reply, Sheik Faysal Mawlawi, deputy chairman of the European
Council for Fatwa and Research, began by declaring that mutilation is "not
allowable" under Islam. But then came the loophole:
"It is possible to mutilate the dead only in case of retaliation. . . .
If he inflicts any physical damage on anyone, he should be retaliated against in
the same manner. In case of war, Muslims are allowed to take vengeance for their
mutilated dead mujahids (fighters) in the same way it was done to them." This, the European sheik explained, is the teaching of the Koran (16:126),
which counsels patience but authorizes revenge.
Does this mean that normative Islamic law authorizes Muslims to mangle the
bodies of non-Muslims they have killed? I am not a scholar of Islam and would
not presume to say. But two facts seem indisputable: (1) A Muslim intent on such
mutilation can find clerical authority to justify it. And (2) a small but
implacable minority of Muslims are intent on such mutilation. Indeed, it has
become a signature of the evil we are fighting, as the news of the last few
months has shown.
(Warning — the following descriptions are graphic.) The disfiguring of victims' bodies did not begin this year. In a notorious
lynching four years ago, two Israelis were taken from their car to the second
floor of a Palestinian police station in the West Bank town of Ramallah, where
they were literally torn limb from limb. Their internal organs were pulled from
their bodies and their eyes gouged out. What was left of them was then thrown
from a window to a cheering crowd below, which set the corpses on fire and
dragged them through the town.
Perhaps even more infamous, at least to Americans, were the beheading of
journalist Daniel Pearl in Pakistan in 2002 and the mutilation of the bodies of
US soldiers in Somalia in 1993.
We are in a war to the death with an enemy whose deepest civilizational
values come straight out of the 8th century. In the world that they would impose
on us all, there is no dissent, no pluralism, no path to G-d but theirs — and
no mercy or tolerance for those who might choose a different path.
Our enemies make no secret of their intentions: We will bow to their
totalitarian idea of Islam, or we will be killed. And not only killed, but
mangled, mutilated, and subjected to the most hideous indignities they can
devise.
The terrorists and their followers burn and batter corpses for the same
reason the Taliban smashed magnificent statues — for the same reason Hitler
wrote "Mein Kampf": to openly proclaim their contempt for the moral
principles of the civilized world.
Ultimately it is up to the world's moderate, modern Muslims to rise up
against the barbarians in their midst. Until that day comes, there is nothing
the West can do to ameliorate or appease this enemy. We can only destroy it —
or be destroyed.
JWR Today 14Jun04