ISIS-Not “Mafia Tactics”- Jihad

An article in yesterday’s Foreign Policy discusses the self-funding tactics of the ISIS, as it continues to wage its brutal assault in Iraq. Author Yochi Dreazen begins his piece by stating:

When fighters from the Islamic State of Syria and al-Sham (ISIS) stole tens of millions of dollars from a bank in Mosul earlier this year, it wasn’t simply a startling symbol of the collapse of Baghdad’s control over Iraq’s second-largest city. The brazen theft was instead a stark illustration of one of the most alarming aspects of ISIS’s rise: the group’s growing ability to fund its own operations through bank heists, extortion, kidnappings, and other tactics more commonly associated with the mob than with violent Islamist extremists.

Unfortunately, far from being unassociated with “Islamic extremists”, the “mafia” practices of ISIS can be construed as in line with Shariah adherent practices regarding Jihad.

There is ample jurisprudence regarding the disposition of the spoils of war. For example, Reliance of the Traveller by Ahmad ibn Naqib Al-Misri, which includes legal rulings for both the personal booty of fighters who have slain an enemy and may take what he possessed for themselves (Book O. Justice, O.10.2) and for the collective use of spoils of war in order to pay for items of importance for the cause of the Islamic state such as, “fortify[ing] defense on the frontiers, salaries for Islamic judges, muezzins, and the like:” (Book 0. Justice 0.10.3)

Likewise, the apparent surprise shown by some experts of “violent extremism” when ISIS does indeed spend substantial money and manpower on just these sorts of governance projects is a result of the general failure to comprehend how jihadist groups abide by Shariah obligations.

Returning to “Mafia” tactics, is kidnapping for ransom is absolutely permitted under the Shariah during jihad. Al-Misri notes (Book 0 Justice O.9.14),

“When an adult male is taken captive, the caliph considers the interests and decides between the prisoner’s death, slavery, release without paying anything or ransoming himself in exchange for money or for a Muslim captive held by the enemy.” (Emphasis added.)

There are likewise legal rulings that would support what could be viewed as the extortion of money, especially from Non-Muslims in the form of the mandatory jizya tax. Even extortion of funds from Muslims may be justified by ISIS, since money to support fighters of Jihad is a legitimate allocation for Zakat (mandatory tithing). Given that ISIS purports to be the legitimate Islamic rulers of the territory they hold, their collecting these funds would reasonably be expected. Obviously, for those who do not uphold ISIS’s status as a legitimate Islamic state, these demands would be seen as little more then theft.

Nor is extortion from other Muslims  to fund terrorist activities rare, or limited solely to Sunni Islamists. Hezbollah is well known for engaging in extortion of Lebanese Shia abroad in order to finance its efforts.

Far from being divorced from the belief system which ISIS seeks to impose, such acts as bank robbery, kidnapping and extortion can be legal justified in the furtherance of their jihad.