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Just War: An Ethic of Restraint or the Defense of Order?
Unformatted Document Text:  9 there was (in ancient times) a prohibition against mixing classes, as that could lead to disorder. Likewise, in wartime each class had a different set of responsibilities. As mentioned earlier, the kingly class is entrusted with the duty of protecting the community; so ideally, killing is only supposed to be done by kings – and only kings should be the victims. Because Brahmins are responsible for preserving and upholding the religious traditions, laws and rituals, they are to be protected as much as possible; therefore the killing of a Brahmin is the greatest crime. For without the Brahmins, the ethical order of society would be undermined. These roles as castes may no longer be relevant today, but in so far as these roles reflect different, valuable segments of society that still exist (albeit in far more flexible forms), it could be fruitful to imagine how these special profession-based responsibilities and protections could be added into our understanding of just war thought. Islam: Preserving and Extending a Just Order This concern with preserving an ideal social order is predominant within Islamic thinking as well. As in Hinduism, there is a tacit understanding that force may be necessary in order for justice to prevail. Ibn Taymiya, an eighth century scholar, wrote that “God does not permit, in effect, to put to death certain creatures except in view of the public good. He said: ‘Discord is more frightening than death.’ (II, 214) In other words: killing is a source of evil and disorder, but evil and disorder, which give birth to the discord engendered by the infidels, are even more grave.” 28 Consequently, an important duty of the just leader is to enforce the laws and provide incentive for obedience and restraint. Ibn Khaldun, perhaps the world’s first critical historian, wrote that “evil is the quality that 28 Ahmad ibn ‘Abd al-Halim ibn Taymiya. Le Traité de Droit Public D’Ibn Taimiya: Traduction annoté de la Siyasa sariya. Henri Laoust, trans. Beirut: Institut Français de Damas, 1948. p. 128-129. My translation.

Authors: Funk, Valerie.
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9
there was (in ancient times) a prohibition against mixing classes, as that could lead to
disorder. Likewise, in wartime each class had a different set of responsibilities. As
mentioned earlier, the kingly class is entrusted with the duty of protecting the
community; so ideally, killing is only supposed to be done by kings – and only kings
should be the victims. Because Brahmins are responsible for preserving and upholding
the religious traditions, laws and rituals, they are to be protected as much as possible;
therefore the killing of a Brahmin is the greatest crime. For without the Brahmins, the
ethical order of society would be undermined. These roles as castes may no longer be
relevant today, but in so far as these roles reflect different, valuable segments of society
that still exist (albeit in far more flexible forms), it could be fruitful to imagine how these
special profession-based responsibilities and protections could be added into our
understanding of just war thought.
Islam: Preserving and Extending a Just Order
This concern with preserving an ideal social order is predominant within Islamic thinking
as well. As in Hinduism, there is a tacit understanding that force may be necessary in
order for justice to prevail. Ibn Taymiya, an eighth century scholar, wrote that “God does
not permit, in effect, to put to death certain creatures except in view of the public good.
He said: ‘Discord is more frightening than death.’ (II, 214) In other words: killing is a
source of evil and disorder, but evil and disorder, which give birth to the discord
engendered by the infidels, are even more grave.”
28
Consequently, an important duty of
the just leader is to enforce the laws and provide incentive for obedience and restraint.
Ibn Khaldun, perhaps the world’s first critical historian, wrote that “evil is the quality that
28
Ahmad ibn ‘Abd al-Halim ibn Taymiya. Le Traité de Droit Public D’Ibn Taimiya: Traduction annoté de
la Siyasa sariya. Henri Laoust, trans. Beirut: Institut Français de Damas, 1948. p. 128-129. My translation.


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