Download Problemas de ética normativa by Norbert Hoerster PDF

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By Norbert Hoerster

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Extra resources for Problemas de ética normativa

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Hostilities shall only be resumed if the ground for triggering the use of force in self-defense is revived. Only the ruler of a Muslim state, not non-state actors, may declare Jihad. However, if the ruler is on the side of the invaders, then Muslim leaders, by consensus, may declare Jihad. 3 Offensive Jihad The offensive theory of Jihad is founded on two premises: the universality of Islamic faith and the obligations of its followers to spread it to the rest of the 24 • Self-defense in Islamic and International Law world.

Verses 3:104 and 3:110 were revealed in the context of making a comparison of Muslims with those People of the Book (the followers of divine scripture) who had given up their faith and were engaged in strife and dissention. These verses, in fact, allude to an ideal Muslim community: happy, untroubled by conflicts or doubts, sure of itself, united, and prosperous because it invites people to goodness and forbids wrong (Ali, 1989:154). To make the context clear, verse 3:110 is reproduced in full: Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah.

For instance, regarding the People of the Book, the Koran (5:79) says that they failed to invite good and forbid evil, hence there is dissention and strife among them. To argue, as Maududi and Qutb do, that this rule applies to non-Muslims as well means nothing but subjecting non-Muslims to the Islamic code of good and evil. Conversely, it is a germane norm of Islamic law that Islamic law applies only to Muslims. For instance, the 1979 Hudood Ordinance of Pakistan prohibits Muslims from drinking alcohol but places no such restrictions on nonMuslims.

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