the influence of islamic law on intelligence and law enforcement.pdf

7/29/2019 The Influence of Islamic Law on Intelligence and Law Enforcement.pdf

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January 2011

THEVANGUARDJournal of the Military Intelligence Corps Association

MG John Custer relinquishes command of Intelligence Center of Excellence to BG Gregg Potter


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THE VANGUARD

Volume 16 Number 1

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COL Larry D. Bruns, USA, Retired

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John DellaGiustina (LTC, Ret)

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The Military Intelligence Corps Association (MICA) Scholarship Programprovides scholarships for individuals pursuing undergraduate degreesor technical certications. Scholarships may be used for attendanceat regionally accredited colleges, universities, or state approved voca-tional schools/technical institutions.

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MICA National Executive Committee

President

COL Larry D. Bruns, USA, Retired

[email protected]

Vice President

Mr. William F. Morgan, Jr.

[email protected]

Secretary

Mr. Christopher L. Friend

[email protected]

Treasurer

vacant

For information on memberships,

chapters scholarships and awards,

please contact:Executive Director

Mrs. Lisa Camberos

[email protected]

ContentsMICA Scholarships 2

Notes from the President 3

Intelligence Analysis: How to Think in ComplexEnvironments 4

The Inuence of Islamic Law on Intelligence andLaw Enforcment 9

2010 Intelligence Warghting Summit, Fort Hua-chuca 13

Biometrics and Forensic Summit Slated for April atFort Huachuca 13

Intelligence Center of Excellence Change of Com-mand Ceremony 8 December 2010 15

The MICA Advanced Analyst Scholarship Awardedfor the First Time 16

Pastoralists in the Horn of Africa 20

The Inuence of Somali-Issa Culture on HumanTrafcking and U.S. Relations 23

Chapter News Feature 26

CW5 Leslie Caster Receives Knowlton Award 27

Notes from the President

During the recent Intelligence WarghtingSummit, MICA was honored to present the rst an-nual Wayne M. Hall Advanced Analysis ScholarshipAwards. Mr. Matthew Herbert of the 66th MilitaryIntelligence Brigade and CW2 Jeffrey Jenkins ofthe 34th Infantry Division are the scholarshipsrst awardees. Each was given a certicate and a$10,000 check to further their professional educa-tion in analysis. Photos and short write up of theevent are in this edition of the Vanguard.

The MICA team and Brigadier General (Retired)Mike Hall are already in the process of preparingfor next years award. Solicitation for nominees willbegin in March with general notication to all com-mands and agencies.

The Fort Huachuca Chapter raised $10,000for the general scholarship fund and presented acheck for that amount to MICA National staff inNovember. Colonel (Retired) Richard Laszok andhis team worked extremely hard to raise theseresources so that we can increase the size of thescholarship awards in the coming year.

We are in the process of preparing the notica-tions for the MICA general academic scholarships,which are awarded to MICA members in goodstanding, their spouses, and children. SGM Bova

of OCMI is our lead on this years effort. Please seespecic scholarship information in this edition ofthe Vanguard.

As always, our prayers go out to those MilitaryIntelligence professionals serving in Iraq andAfghanistan as well as other locations overseas. Weare justly proud of your contributions to the Nation,the Army and our Corps. We await your safe re-turn.

Larry BrunsNational PresidentMilitary Intelligence Corps Association


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Intelligence Analysis:How to Think in ComplexEnvironments

By WO1 Jeff JenkinsThis article is a summary and interpretation of the

key theories and concepts from:

Intelligence Analysis; How to Think in ComplexEnvironments (Wayne M. Hall & Gary Citrenbaum,Praeger Security International, 2010)

Introduction

The operational environment in which we arenow, and for the foreseeable future will be, operatingis complex and confusing. It is in many ways, whatseems to be a world of smoke and mirrors. A mod-ern intelligence system that is founded in AdvancedAnalysis is how we understand that environment. It is

how we make sense of the ever changing systems thatmake up that environment so that we can anticipateand target not only people, places and things; butbuild an intelligent design and create effects based ona desired end-state. The key theories and conceptsfrom: Intelligence Analysis; How to Think in ComplexEnvironments is a roadmap for this undertaking.There is no question that these concepts are not onlynecessary, but critical to future U.S. military effective-ness and success.

Without understanding the environment,

one cannot understand and properly apply in-telligence. Without good intelligence, a coun-terinsurgent is like a blind boxer wasting energyailing at an unseen opponent. With good in-telligence, a counterinsurgent is like a surgeoncutting out the cancers while keeping the vitalorgans intact. Eliot Cohen

The Operational Environment

As previously stated, the contemporary operatingenvironment (COE) in which the US Military is oper-

ating, is complex and uid. These environments aremade up of systems that are non-linear and made upof many parts that all have an effect on each other.In this environment, seemingly small events can havesecondary or tertiary effects, often with the potentialto have a strategic impact (aka strategic compres-sion). In what appears to the untrained eye as chaos,there is order. Advanced analysis (A2) allows us to ndthat order, so that anomalies can be recognized andexploited. Complex environments are full of variables.Recognizing and understanding these variables or

windows of opportunity, as well as the ability to cre-ate, manipulate or exploit them, is the key to creatingan intelligent design for informed operations and deci-sion making.

These complex environments contain complexadaptive systems (CAS). A system [by itself] is de-ned as: a set of related or interacting variables thatfunction together for a specic purpose. In the most

general sense, a system is a group of independent butinterrelated elements comprising a unied whole1. ACAS, on the other hand, is analogous to an organic orbiological system. Organic systems (including sociasystems like insurgencies) are complex and adap-tive. Their behavior results from the interactionsand relationships between the entities that make upthe system in focus and the environment2. A theateof irregular warfare is an ecosystem in which manygroups and entities interact (like organisms in a bio-logical ecosystem); outputs from one become inputs

for another and contribute to emergent systems be-havior. For example: some groups in a theater feedoff outputs from others, using these as inputs for theirown purposes. This creates feedback loops that driveinsurgent theaters in particular directions, regardlessof the subjective intentions of local groups. So, local-ized groups who subjectively compete can actually becooperating at the systemic level3.

Complex systems analysis shows that activeghters are only the tip of the iceberg in insur-gent systems and, therefore, counterinsurgencymust address the whole system in a coordinatedfashion David Kilcullen

In the COE, the adversaries that we face use asystem of networks and cells that are difcult for usto recognize and locate. This owes much to the facthat the antagonists usually share ethnicity, cultureand language with a local population that is mostlikely tribal, pastoral, patriarchal and xenophobicThis makes it difcult for foreigners (U.S. Militaryembedded in a hierarchical system short on human

terrain personnel, expertise and knowledge networksto exploit. The goal being: to exploit weaknesses ofor mistakes made by, the enemy. In contrast, the tradi-tional systems of both U.S. operations and intelligenceare cumbersome in comparison.

They were designed for a 19th century industriarevolution where hierarchies were more practical andefcient. This is not to say that our traditional systemshave not served us well or that they do not have ad-vantages. It is important to remember that our strengthand ability to command and control large numbers of


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personnel and equipment is, at the same time, ourAchilles heel. We are accustomed to a strict hierarchywhich allows command and control. The problem isthat this usually impedes communication and intelli-gence. Our enemy is able to exploit this because hisorganization is largely cellular, network-centric andmuch more uid. In order to overcome this, we mustadopt a hybrid system that allows the vertical com-

mand and control of a hierarchy and the real-timecommunication ow of a network. This would alsoallow us to be exible, uid and avoid attempting toswat ies with sledgehammers4.

Problems and Solutions

If I had an hour to save the world I wouldspend 59 minutes dening the problem and oneminute nding solutions Albert Einstein

Specificity

Problem: One of the greatest limitations of the

traditional intelligence process is specicity. Becauseof the COE and the non-linear, evolving nature ofthe systems and networks of potential contemporaryenemies, we are no longer able to use linear or xedplug and play templates to conduct analysis.

Solution: This different (reluctance to say new)paradigm requires more specicity against an adver-sary that uses neither an organizational nor standardmilitary structure. We must create either a system ora culture, where analysts not only have the depth andavailability of knowledge, but also aggressively and

habitually create observables and drive collection.

Advanced Analysis and CollectionManagement

Problem: Driving collection requires the under-standing of, and ability to, pair requirements andobservables with assets or the proper mix of sensors.Analysts must have the ability to work with and helpcollectors understand observables and recognize in-dicants, however subtle, that will eventually lead tothe answering of commanders Priority Information

Requirements (PIR). Traditionally this lack of under-standing and specicity often lead to collectors con-ducting area reconnaissance or wasting energyailing at an unseen opponent hoping to get lucky.ISR and collection management in a full spectrum en-vironment are more than a full time job.

Solution: These tasks require the task organizing ofdedicated, intellectually competent advanced analysisand collection professionals with the knowledge neces-sary to effectively drive, synchronize, and integrate thecollection that satises full spectrum requirements.

Synthesis:

Problem: Very often the pieces of data collected inthe COE does not provide the so what that makesthem actionable. This is achieved through synthesisSynthesis is what turns raw information into intel-ligence.

Solution: Building a network-centric environmenthat includes information and intelligence sharing sys-tem of systems (SoS) would allow us to take the piecesof the disaggregated puzzle and put them together oaggregate them. This would be the result of processessuch as link analysis, time event analysis; associationmatrices, graphic imagery overlays of human terrain,etc., that in turn would be the result of effective col-lection tasking and management. This type of synthe-sis helps us to not only see the enemys centers ofgravity but also anticipate his actions. Synthesis allowsus to map his systems and networks by taking seem-ingly meaningless pieces of information and building

a picture out of them.

Analytical Depth of Knowledge:

Problem: Todays analysts are often lacking in thedepth of cultural knowledge (leading to cultural un-derstanding and cultural expertise) required to con-duct advanced analysis in the COE. The human (cul-tural) terrain has become as important now as is thekey physical terrain that is referred to in OAKOC (theterrain analysis step of troop leading procedures).

Solution: We must provide analysts with the cul-

tural training necessary for them to conduct advancedanalysis of the environments and systems that they areworking with. This allows analysts to foresee the pos-sible second and third order effects of direct actionsit can also help them work more effectively with indig-enous SMEs which will in turn help to avoid mirroimaging. Depth of cultural expertise and the use oindigenous SMEs are particularly indispensible whenconducting HUMINT operations.

When I took a decision or adapted an alter-native, it was after studying every relevant and

many an irrelevant factor. Geography, tribalstructure, religion, social customs, language,appetites and standards all were at my nger-ends. The enemy I knew almost like my ownside. T.E. Lawrence.

Initiative:

Problem: Analysts are not sufciently taught orencouraged to constantly strive to take initiative. Inmany cases, quite the contrary is actually true. TheStay in your lane attitude is still very pervasive in ou


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military culture. It should actually be difcult to de-termine where intelligence (S2) stops and operations(S3) begins. This is the symbiotic engine that drivesadvanced ISR synchronization and integration.

Solution: Analysts and their leadership gain theinitiative with the ability to anticipate the enemysthoughts and actions. They keep the initiative with theability to force the enemys hand. Intelligence pro-

fessionals must transition from a current requirementsorientation to an anticipatory approach while con-sumers shift their mindset from one of ghting withknowledge to ghting for knowledge5. This mindsetis a perfect illustration of the symbiosis between intel-ligence and operations. Intelligence drives operationsand operations in turn create more intelligence. Incounterinsurgency, the initiative is everything. If theenemy is reacting to you, you control the environ-ment. Provided you mobilize the population, you willwin. If you are reacting to the enemy, even if you are

killing or capturing him in large numbers then he iscontrolling the environment and you will eventuallylose. In counterinsurgency, the enemy initiates mostattacks, targets you unexpectedly and withdraws toofast for you to react. Do not be drawn into purely re-active operations: focus on the population, build yourown solution, further your game plan and ght theenemy only when he gets in the way. This gains andkeeps the initiative6.

Analytical Over-Watch:

Problem: Although some improvements have beenmade, our military intelligence community is still lack-ing in intelligence analytical over-watch. This is theresult of organizational, cultural and technologicalfactors. As a military institution we have yet to fullyencourage or organize the use of Virtual KnowledgeEnvironments (VKEs), Centers of Excellence (COEs)or Subject Matter Experts (SMEs). There are still toomany intelligence professionals (many of them seniorranking) who do not know about (or how to use)NGIC, INSCOM, or national level agencies and their

resources. The Intelligence Knowledge Network (IKN),the Battle Command Knowledge System (BCKS), andProject FOUNDRY are also examples of underutilizedresources. We still have not fully embraced a doctrinethat encourages intelligence sharing and decisionmaking at the lowest possible operational and tacticallevels.

Solution: As a military we must embrace the Hivementality that is encouraged by a network-centric in-formation and intelligence sharing system and culture.With the proper training and oversight it is possible

to put these initiatives into motion and still maintaincommand and control; giving us the best of bothworlds. Todays analysts need access to pools or basesof knowledge that they can reach into for not only in-formation, but collaboration as well. This collaborationcan take several forms. Intelligence analysts also needaccess to other analysts as well as SMEs. This serves acouple of purposes; collaboration with other analysts

allows a swarming of advanced analysis giving thepower and time of multiple minds vs. one as welas facilitating a Red Teaming effect. Collaborationwith an SME allows a cultural depth of knowledgethat the analyst can use to perform advanced analysisas well as avoid mirror imaging. The military and ICmust also aggressively pursue an infrastructure thatsupports a bottom up and lateral intelligence feedthat gives company (lower echelon maneuver) com-manders analytical and targeting capabilities neededto support real-time decision making in a very uid

battlespace. This infrastructure also allows a constantbottom-up renement of the situational awarenessneeded by higher echelon commanders for theiMDMP, targeting, IR renements and lethal/non-le-thal effects planning. Company Intelligence SupportTeams (CoIST), the Tactical Ground Reporting (TIGRsystem and Command Post of Future (CPOF) used inconcert with DCGS-A are steps in the right directionUnfortunately, institutionalizing the right tools andcapabilities into doctrine and enduring programs orecord is slow to catch up with effective systems in the

eld and validated TTPs.Setting the Stage

Setting the stage for advanced analysis requires theintelligence community and the military in general toembrace, implement and perfect a number of veryimportant enablers, including the following:

Analytic condition setting:

Analytic condition setting is both a product andfacilitator of initiative; both operational and informa-tional. This type of condition setting is the result o

close collaboration between the people responsiblefor current operations, for future plans and whoeveis responsible for knowledge management (usuallythe signal staff). Without this type of condition setting,analysts become largely reactionary which seriouslyimpedes gaining the initiative. Commanders and op-erations ofcers do not like surprises. Condition set-ting allows anticipation, the creation of contingencyplans, and the building of alternate courses of action(both enemy and friendly). Analytic condition settingis extremely important in the very uid COE and ts


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into three areas of thought and inuence: data, sensorand knowledge architecture.

Data Architecture: Analysts as well as collectionspecialists must have an effective data architecturethat supports the needs of operating in the full spec-trum that is the COE. Both analysts and collectors needaccess to data farms and pools of knowledge that arespread all over both public and closed systems. Some

cost money, others have access requirements andmany have differing architectures. This type of accessand coordination takes time. This type of architectureis much more effective when organized both formallyand in advance instead of ad-hoc when the knowl-edge is needed yesterday.

Sensor Condition Setting: Often the collectionspecialists (through no fault of their own often dueto op-tempo) responsible for operating and manag-ing sensors do not have macro level view necessary toprognosticate or anticipate requirements. The analystcan provide observables that are the product of de-composition, that drive who, what, when and wherethe collectors and sensors look. This gives the collec-tors and sensor operators a view that is not myopic orthough a soda straw.

Knowledge Architecture: Knowledge, quite sim-ply, is power. The type of networks need to predictand satisfy future command decision requirements isfacilitated by a network-centric hive environmentwe have already discussed in detail. The analysts

cannot wait for someone else to set this up, this willmost likely have to be driven by them. This will givethe intelligence community both reach-back andover-watch ability. Again this must be accomplishedbefore it is needed instead of on the y or ad-hocwhich can be next to impossible due to op-tempo,physical distances, access abilities and architecturedifferences.

Virtual Knowledge Environments (VKEs)

A virtual knowledge environment serves severalpurposes: 1) it provides an almost immeasurable

amount of knowledge to commanders as well asoperations, and intelligence professionals 2) it pro-vides virtual real-time specialized SME expertise 3)it gives commanders as well as operations and intel-ligence professionals access to a depth and breadthof knowledge allowing educated and timely decisionsthat often facilitate seizing the initiative. The VKEsconsist of knowledge brokers, problem managers,SMEs, centers of excellence, and highly skilled worldclass data scientists. This type of reach-back capability

is far too important to leave to ad-hoc arrangementsor happenstance. A VKE helps decision makers withthe constantly changing knowledge requirements thatare such an important part of success in the very uidCOE.

Analytic Guidance to Collectors

As previously stated our success in current andfuture operating environments depends on overcom-ing the traditional gaps and barriers between analystsand collectors as well as intelligence and operationsA true fusion of disciplines is needed to nurture thesymbiosis of these entities. This is what lies at the heartof targeting and effects based operations. Operatorsneed specic details like context (the why) or the(who, what, when, where) as well as how to collect.This prevents the ailing in the dark or soda strawview syndrome. They also need detailed descriptions of specic observables (cultural, functionalsituational, biometric, technical) with which to lookas well as standards like earliest or latest times thainformation is of value (ETIOV or LTIOV). The analysmust also have the ability to help the collector or op-erator think like the enemy; to allow them a view fromthe enemys perspective. Advanced analysts must behighly sensitive of the uid environment so as to avoidstatic IRs or PIRs that can quickly become outdatedineffective or irrelevant.

Analytic War-Gaming

Analytic war-gaming is an enhanced version o

Colonel John Boyds OODA loop model. It consists oanticipate, observe, war-game, orient, decide, act andmeasure outcomes and activities or (AWOODAM)This practice of act-react-counteract needs to per-meate all ranks of both intelligence but operationsprofessionals (cells and working groups). This modeforces intelligence and operations planners to conductpendulum thinking; which is to anticipate the ene-mys thoughts and activities (back and forth) as theyrelate to everyone and everything in the operationaenvironment. This allows analysts and operations

professionals to understand how the enemy sees theoperational environment as well his most probablecourses of action to set the conditions or design for hisactivities. This allows the development of observablesthat will give early warning of impending actionsVKEs play a huge role in analytic war-gaming; which isoptimum when conducted in an M&S or synthetic environment. These types of synthetic settings are veryspecically focused with both physical and intangiblefactors realistically portrayed.


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Analytic Strategies

Advanced analysts must have analytic strategies inplace to prevent chaos, assign work, and establish pri-orities or lines of effort. An analytic strategy providesa virtual roadmap as a way to think plan and executeanalytic missions. This strategy or plan is a methodor series of actions that that are designed to gain adesired result. Some of the elements of analytic strate-

gies include: mission priorities, knowing what other,analysts are doing, nurturing the hive mentality, vision,dening the OE and adversary, goals, mini-strategies,condition setting, resources, constraints, red teamingto prevent common critical thinking errors, analysiscollection activities and focus. This strategy mustcome from two places: the senior intelligence analystwho sets the environment or example and from indi-vidual analysts who cultivate a strategy as a result ofexperience and mentoring.

The Details of Advanced Analysis

Advanced analysis is the high level cognitive pro-cesses for producing high level detailed thought andunderstanding of the OE. It is designed and intendedto produce knowledge superior to that of the enemy.There are fourteen essential elements (techniques andprocedures) to advanced analysis and they include:

Decomposition: Breaking a thought, activ-ity or series of events into basic elements to discernmeaning or to facilitate a more complete understand-ing.

Critical Thinking: An intellectual processthat examines assumptions, discerns hidden values,evaluates evidence and asses conclusions. It couldbe described as thinking about thinking. It is thedecomposition of the thinking process that helpsimprove not so much what we think but how wethink. It requires the ability to think introspectivelyand assume alternate perspectives. The essentialelements of critical thinking are: introspection, logicerrors, deep think, dialectic, think like the opponent,will, red teaming and non-linearity.

Link Analysis: Gaining insights and meaningfrom behavioral and functional relationships; meansof communications and connections between peopleand organizations as well as individual associations,groups and networks. This is extremely important tosynthesis and key in creating order out of what seemslike chaos.

Pattern Analysis: Discerning meaning in aconsistent series of patterns or events.

Trend analysis: Discerning meaning from func-tionally-oriented events that occurred in the past tounderstand how functionally similar events could oc-cur in the future. There are four types of trends thatare important to the subject of trend analysis: human/social, functional, technical, and organizational. Trendanalysis usually evolves on what is call a bathtubcurve. There are three kinds baselines that form this

curve: technical, cultural and functional. Anticipatory Analysis: Using thought, in-

tuition, knowledge, foreknowledge, experience oprescience to realize in advance what the adversarymight do and then testing, conrming or denying thehypothesis or postulate.

Technical Analysis: Gaining knowledge andunderstanding about the technical aspects of particu-lar events, transactions, situations and activities.

Tendency analysis: Discerning meaning

through the thought and study of the general proclivi-ties of people, the behavioral and action inclinationof organizations, mental snapshots of the current en-vironment or context situations; events, activities andbehaviors; the emanation dispersal of energy emis-sions, and what the interaction and enmeshing of alcould portend for the future.

Cultural Intelligence Analysis: Knowing a par-ticular culture and people as well as their patterns ofbehavior deriving from traditional, culturally inducedattitudes behaviors, social norms and conditions (the

human terrain). Anomaly Analysis: Discerning meaning in de-

partures from the normal or common order, form, orrule; absence of that which is expected.

Semiotics Analysis: Discerning meaning ocultural signs and symbols reected in drawingspaintings, photographs, syntax, words, sounds, bodylanguage and grafti.

Aggregation analysis: Discerning the meaningof a number of things numbering from a few to mil-

lions that are grouped, moving or working togetheand considered a whole.

Recomposition: Human and machine drivenrecompilation of data to gain knowledge, informationand understanding.

Synthesis: Combining elements of substancesto form a coherent whole.

Technology

The proposed doctrine, techniques and proceduresin this book are mostly cognitive. However, cogni-


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tion is a human endeavor and humans have limitsand are cursed by a predisposition to errors in logic.Technology can help us with decomposition, synthe-sis, recomposition and the creation of observables. Ithas the potential of being able to alert analysts andcollectors of sensitive variables so that they can be ex-ploited. Technology also has the potential help us seewhen link, pattern and trend decay is setting in so that

we can shift re in a timely manner.Conclusion

The driving philosophy of the ideas presented inthe book Intelligence Analysis; How to Think inComplex Environments is to implement a system ofadvanced analysis that will give warghters the abilityto think faster and outwit any present or future adver-saries. This proposed doctrine, techniques and pro-cedures are designed to champion a change from thehierarchical, compartmentalized status quo to an agilenetwork-centric hive of knowledge and informationto support commanders needs.

Although all of the proposed doctrine, techniquesand procedures in this book are important, a few riseto the top of the list. These include: the explanationof complex adaptive systems (CAS) and non-linearityand how these concepts help us think about and ana-lyze the COE; the processes of critical thinking; theproposition that analysts should be intimately involvedin driving collection; and the need to institutionalize

and conduct analytical over-watch.

We are now in the 4th generation of warfare, whichis no longer linear or strictly kinetic based. As previ-ously stated the paradigm has changed the mindsetfrom one of ghting with knowledge to one of ghtingfor knowledge. We must embrace these techniquesand procedures in order to ensure our continued suc-cess in the long war. It is no longer a question of if, but

how; nor one of, can we afford it but rather can weafford not to.

WO1 Jeff Jenkins is one of two winners of the 2010 Wayne MHall Advanced Analysis Scholarship. He is assigned to the 1HBCT, 34th Division in the S2X/HUMINT Section.

Endnotes1 bin/webwn?stage=1&word=system2 See www.changezone.co.uk/glossary/3 Countering Global Insurgency; A Strategy for the War onTerrorism By Lieutenant Colonel (Dr.) David Kilcullen

4 WO1 Jeff Jenkins, Company and Battalion Level ManeuverUnits and their Intelligence Role in the ContemporaryOperating Environment and Counterinsurgency Operations(COIN)5 Joe Burlas, Initiatives Seek to Transform Army IntelligenceCapabilities, Army News Service 13 April 20046 David Kilcullen, 28 Articles of Counterinsurgency

The Influence of Islamic Lawon Intelligence and LawEnforcment

By William GawthropThis article examines the inuence of the Sharia on

U.S. intelligence and law enforcement across strategic,operational and tactical levels of doctrine.

The Strategic Environment:The Perpetual War: dar-al Islam vs dar al-harb: The

Islamic World view divides the world into the Houseof War and the House of Islam (dar al-harb and daral-Islam)1 and state of war, not peace, perpetually ex-ists between Islam and unbelievers2,3,4,5,6,7,8,9,10,11,12.Peace with non-Muslims is therefore a provisionalstate of affairs only; the chance of circumstances alonecan justify it temporarily. Furthermore there can be noquestion of genuine peace treaties with these nations;

only truces, whose duration ought not, in principle, toexceed ten years are authorized. But even such truces are precarious, in as much as they can, before theyexpire, be repudiated unilaterally should it appeamore protable for Islam to resume the conict.13

Against this background, understand that you areand will always be, at war.

One characteristic of that war is, and will be, a clashof doctrines that will be most visible in the interviewand interrogation rooms.

The Operational Environment

Intelligence and Law Enforcement doctrine arecharacterized by interviews and interrogations osubjects, victims and witnesses and the object of theinvestigation is the truth of the matter. Americanscome from a Truth Culture; I cannot tell a lie I cutdown the Cherry Tree.

Such may (may) not be the case in Islamic Law14

and this is a source of conict.


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Evolution of Islamic law

Islamic law evolved through the Meccan andMedina periods reecting the stages of Muhammadspolitical thought. During the Meccan period believ-ers were threatened, assaulted and occasionallymurdered by their unbelieving families and neigh-bors and Mohammad prescribed moral and ethicalmandates, discouraged confrontation and advocated

polite disassociation to reduce adversarial encountersbetween the Muslim and Non-Muslim communi-ties. These included the development of defensivesocial doctrines known as dissimulation including kit-man (Concealing; keeping a secret)15, and takiyya(denotes dispensing with the ordnances of religionin cases of constraint and when there is a possibil-ity of harm).16,17 Another doctrine is disassociation;reducing contact with non-believers to the essentialminimum.18As early coping mechanisms, these defen-sive doctrines gained scholarly acceptance and during

the Medina periods became precedence codied inIslamic law. Muhammad gave practical guidance forthe resolution of conicts by encouraging Muslims tocarefully gauge contact with non-Muslims to protectagainst hostile and subversive forces. Pertinent revela-tions include Suras 3:28, 4:139, 4:144, 5:57, 9:23, 9:29, 60:1, 60:2., 60:3, and 60:13.19

The central themes with U.S. intelligence and lawenforcement implications are:

do not take disbelievers as protectors, helpers orfriends (Sura 3:28) (4:144) (5:57) (60-1) (60:3) (60:13)

those who do take disbelievers as protectors,helpers or friends are untrustworthy (4:139)

avoid family members who take disbelievers asprotectors, helpers or friends (9:23)

ght disbelievers (9:29)

If disbelievers gain the upper hand over you theywill behave as enemies and stretch forth their handsand tongues against you with evil to induce disbelief.

(60:2)Interpersonal Relations

Mohammad sought to foster forbearance and toler-ance among the faithful and mandated the reductionor elimination of undue social inquisitiveness aboutprivate matters. He gave clear guidance on issues ofpropriety, appropriate and inappropriate social inqui-ry, preservation of condences and secrets, prohibi-tions on slander, and the exigencies of dissimulationwhich can be found in the Koran, traditional accounts

of Mohammads life (the Sira20), the example ofMohammad (the Sunna21) and the traditions associ-ated with his sayings (the Haddiths).22 These sourcesare foundational to Islamic Law.

Islamic Law

Islamic law may found in qh manuals23 similar tohow Title 10 of the US Code may be found in a hardbound copy of the Uniform Code of Military JusticeFiqh and other doctrinal manuals provide insight tothe obligatory (wajib), recommended (mandub), per-missible (mubah), prohibited (haram) or the repugnant(makrub) categories of behavior24 and the more readi-ly available manuals included Riyad-us-Saliheen,25 TheDistinguished Jurists Primer,26 The Book of Revenue,2

Al-Masqasid: Nawawis Manual of Islam28 and Umdaal salik (Reliance of the Traveller) 29. Agents, analystsand supervisors should have these texts.

The Tactical Environment: Visible Conflict

Investigative phases include the questioning of wit-nesses and subjects, interpretation of the interviewsand evidence, drawing conclusions concerning culpability, and the referral of the investigation for sub-sequent state action. Specically, the investigator asksabout the actions of another, solicits incriminating evi-dence, tries to expose secrets, and carefully reviewstestimony for accuracy. In some cases, the services oa translator may be required.

If any member of the investigative team, subject,witnesses or victims are also subject to the Sharia

conicts may (may) rise with regard to the integrityand investigative rigor required of an Intelligence oLaw Enforcement investigation.

Sources of Conflict

Some areas of possible, but not necessarily inevita-ble, conict may be found in Reliance of the Travellewhich is comprised of 22 chapters addressing wideranging topics governing daily life. The most relevanchapter from an intelligence and law enforcementperspective is Holding Ones Tongue which is com

prised of 40 sections. Eleven (11) sections are relevanto law enforcement and intelligence analysts. Theyare Slander, Two People Conversing So That A ThirdCannot Hear, Informing on Another, Lying, Giving aPositive Interpertation to Anothers Seeming Mistakes,Giving a Misleading Impression, Picking Apart aBrothers Words, Asking About Anothers MistakesSearching Out a Persons Faults, Rejecting a BrothersExcuse, and Revealing a Secret.

The following provisions should be assessed fromthe perspective of one member of the investigating


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team, or a subject, victim or witness having an obliga-tion to the Sharia.

Slander. Slander, in the Western context, is the ut-terance of false charges or misrepresentations whichdefame and damage anothers reputation. Within theSunni Islam tradition, slander means mentioning any-thing concerning a person that that person would dis-like. The investigator, seeking the truth of the matter

from a member of the umma about another membermay (may) be inducing the moral and legal appear-ance of soliciting slander.

Slander means to mention anything concerning aperson that he would dislike, whether about his body,religion, everyday life, self, disposition, property, son,father, wife, servant, turban, garment, gait, move-ments, smiling, dissolution, frowning, cheerfulness, oranything else connected with him.30

Do you know what slander is? They answered,

Allah and His Messenger know best. He said, It isto mention of your brother that which he would dis-like. Someone asked, What if he is as I say? And hereplied, If he is as you say, you have slandered him,and if not, you have calumniated him.31

The Muslim is the brother of the Muslim. He doesnot betray him, lie to him, or hang back from comingto his aid. All of the Muslim is inviolable to his fel-low Muslim: his reputation, his property, his blood.Godfearingness is here (the heart). It is sufcientlywicked for someone to belittle his fellow Muslim.32

Two People Conversing So That A Third CannotHear. Muhammad said, When there are only threeof you, two of you may not speak together apart fromthe third unless you join a group of others, lest yourdoing so sadden him.33

This has been interpreted by Nahlawi34 as prohibit-ing two individuals conversing privately when a thirdis present and likewise prohibits three or more peoplefrom doing so when there is a single person apart fromthem.

The prohibition indicates its unlawfulness, it beingimpermissible for a group to converse apart from asingle individual unless he gives his permission.35

The Maikite school holds that the prohibition isapplicable at all times, whether one is at home or trav-eling while Hana scholars hold that such converseis forbidden only while traveling, not when home, forwhen traveling it may portend danger.36

Informing on Another. Muhammad said, Let noneof my Companions inform me of anything another of

them has said, for I wish to come to you without dis-quiet in my heart.37

Lying. Primary texts from the Koran and sunna thait is unlawful to lie are both numerous and intersub-stantiative, it being among the ugliest sins and mostdisgusting faults. Because of the scholarly consensuof the Community (Umma) that it is prohibited andthe unanimity and amount of the primary textual evi-

dence, there is little need to cite particular examplesthereof, our only concern here being to explain theexceptions to what is considered lying, and appraiseof the details.38

Mohammad said, He who settles disagreementsbetween people to bring about good or says some-thing commendable is a not a liar. 39

This much is related by both Bukhara and Muslimwith Muslims version recorded that Umm Kulthumadded, I did not hear him permit untruth in anything

people say, except for three things: war, settling dis-agreements, and a man talking with his wife or shewith him (A: in smoothing over differences).40

Abu Hamid Ghazali (1058-1111) who is creditedwith being an outstanding theologian, jurist, originathinker, mystic and religious reformer,41 is quoted assaying, If a praiseworthy aim is attainable by lying butnot telling the truth, it is permissible to lie if attainingthe goal is permissible. It is obligatory to lie if the goais obligatory. When, for example, one is concealing aMuslim from an oppressor who asks where he is, it is

obligatory to lie about him being hidden. Or whena person deposits an article with one for safekeepingand an oppressor wanting to appropriate it inquiresabout it, it is obligatory to lie about having concealedit, for if one informs him about the article and he thenseizes it, one is nancially liable (to the owner) tocover the articles cost. Whether the purpose is warsettling a disagreement, or gaining sympathy of a vic-tim legally entitled to retaliate against one so that hewill forbear to do so; it is not unlawful to lie when anyof these aims can be obtained through lying. But, it is

religiously more precautionary in all cases to employwords that give a misleading impression, meaning tointend by ones words something that is literally truein respect to which one is not lying, while the outwardpurport of the words deceives the hearer, though evenif one does not have such an intention and merely lieswithout intending anything else, it is not unlawful inthe above circumstances.42

Lying is permissible when there is a legitimate de-sired end.43


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The legitimate desired end may be a personalone.44

When an oppressor intending to appropriate onesproperty inquires about it, one may deny it. Or, if aruler asks one about a wicked act one has committedthat is solely between ones self and Allah (e.g. doesnot concern the rights of another) one can disclaimit.There are many well known hadiths in which

those who admitted they deserved punishment weregiven prompting (by Mohammed) to retract their con-fessions.An example of a legitimating desired end ofanother is when one is asked about anothers secretand one disacknowledges it One should comparethe bad consequences entailed by lying to those bytelling the truth, and if the consequences of telling thetruth are more damaging, one is entitled to lie thoughif the reverse is true or if one does not know which en-tails more damage, then lying is unlawful. Wheneverlying is permissible, if the factor which permits it is

a desired end of ones own, it is recommended notto lie, but when the fact that permits it is the desiredend of another, it is not lawful to infringe on his rights.

Strictness opposed to the above dispensations is toforgo lying in every case where it is not legally obliga-tory.45

Giving A Positive Interpretation To Other SeemingMistakes. Nawawi opined that with regard to the re-sponses of students to their teachers, it is obligatoryfor a student to give a positive interpretation to everyutterance of his brothers that seems to be wrong untilhe has exhausted seventy excuses. No one is inca-pable of this except a failure.46

Giving a Misleading Impression. Giving a mislead-ing impression is among the most important topics,being frequently met with and often abused. It betsus to examine the matter closely, and whoever learnsof it should reect upon it and apply it.47

Giving a misleading impression means to utter anexpression that ostensibly means to utter an expressionthat ostensibly implies one meaning while intending a

different meaning the expression may also have, onethat contradicts the ostensive purport. It is a kind ofdeception.48

It often takes the form of the speaker intending aspecic referent while the hearer understands a moregeneral one, as when a person asks a householder, IsSo and so here? to which the householder, intendingthe space between himself and the questioner ratherthan the space inside the house, replies, He is nothere.49

Scholars say that there is no harm in giving a mis-leading impression if required by an interest counte-nanced by Sacred Law that is more important than nomisleading the person being addressed, or if there is apressing need which could not otherwise be fullledexcept through lying.50

Picking Apart Anothers Words. Picking apartanothers words consists of attacking anothers speech

by revealing the mistakes in it, whether its weakArabic, meaning, or the intention of the speaker, aswhen one says, this is true, but you do not intend thetruth by it, when such an attack involves no other mo-tive than contempt for the other and displaying onescleverness, it is unlawful.51

When one hears something true, it bets him toaccept it. If it is not true, but is unconnected with re-ligious matters, he should remain silent, though if con-nected with religious matters, he is obliged to showthat it is false and to condemn it if there is a chancethat anyone will believe him, because this is forbid-ding the wrong.52

Asking About Anothers Mistakes. It is forbidden toask about anothers errors and blunders in order to telthem they have made a mistake or to embarrass them,being unlawful because it entails injury to another andbelittling him in front of people. But when ones asking about mistakes is to learn or teach, or to test orsharpen students minds or make them reect, then itis recommended and desirable, because it facilitates

the comprehension of religious knowledge. 53

Asking about and searching out the faults of oth-

ers is spying, which Allah Most High has forbidden bysaying: Do not spy (Sura 49:12), meaning to look fothe shameful points of Muslims. The Prophet said

(1) If you search for peoples shameful points,you corrupt them

(2) O you who have entered Islam with yourtongues but whose hearts faith has not entered:do not slander people, and do not ferret out

peoples shameful points. Whoever searchesout the shameful points of his brother, Allah willsearch out his own shameful points, be sure thatHe will disgrace him even if he should remain inthe middle of his house.54

Searching Out a Persons Faults. Asking about andsearching out the faults of others is spying, which AllahMost High has forbidden by saying: Do not spy

Continued on page 16


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2010 IntelligenceWarfighting Summit, FortHuachucaMICA Sponsors Expo

During the week of December 6 -10, the U.S.Army Intelligence Center of Excellence hosted theannual Intelligence Warghting Summit (IWS) atAlvarado Hall, Fort Huachuca. Concurrently, theMilitary Intelligence Corps Association sponsored theIntelligence Warghting Exposition at Barnes FieldHouse with organizations, industry, and academiaable to show the latest in technology and innova-tions to enhance increased intelligence capabilitiesfor Soldiers, leaders, and commanders. The eventcommenced with a MICA sponsored icebreaker socialon Monday evening. The actual conference startedTuesday with keynote addresses by the Army G2,LTG Zahner, and INSCOM Commander, MG Legere.

Wednesday was highlighted with the Intelligence

MICA display at the Intelligence Warghting Expo, BarnesField House

Biometrics and ForensicSummit Slated for April atFort Huachuca

The TRADOC Capability Manager for Biometricsand Forensics is hosting the 2011 Biometrics andForensics Summit with the Military Intelligence CorpsAssociation (MICA) sponsoring the Biometrics andForensics Exposition, from Tuesday through Thursday,26-28 April, at Barnes Field House. The theme forthe Expo is The Whole is Greater Than the Sum ofits Parts.

The key to the summit and the expo is the impera-tive to challenge the entire community, particularly in-dustry and academia, to produce creative, innovativebiometrics and forensics solutions.

The summit will be a gathering of leaders, warght-ers, industry, academia and subject matter experts

from across the Biometric and Forensics enterprisefocusing on innovative training and technology thatwill shape solutions that effectively exploit emergingthreats on current and future battleelds.

The focus of Biometrics Forensics Exposition dis-plays will be:

Access Control

Analysis

Civil ID

Collection, processing, and dissemination of data

Center Change of Command. On Thursday, LTGOates, a former Division Commander, presented themaneuver commander perspective on the intelligencewarghting function based on his units recent deploy-

ment.

Computer Forensics

Criminal ID, Database

DNA, Facial, Earlobe, Iris, Vein, and SpeechRecognition

Fingerprint Recognition (Latent Prints)

Gait Recognition

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PC/Network Access

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Retina Scan

Signature Verication

Smart Card Technologies

Surveillance

Tool marks (Ballistics, Shearing Tools, EFP Plates

Trace Evidence (i.e. hairs, bers, and residue)

Registration and information for the BiometricsForensics Expo may be found at:

http://www.xcdsystem.com/bfe/

You may also call US EXPO at:

520-573-3200 or email them at [email protected]

The Biometrics Forensics Expo will be openedfrom 0900 to 1700 on 26 and 27 April (Tuesday andWednesday) with an icebreaker on 25 April from1700 to 1930.

See Biometrics Forensics Expo ad next page


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Biometrics Forensics Exposition26-28 April 2011Barnes Field House

Tue Wed 0900 1700 hours

U. S. Army Intelligence Center of Excellence

Fort Huachuca, Arizona

Information & Registration at: http://www.xcdsystem.com/iwe/Information & Registration at: http://www.xcdsystem.com/bfe/


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Intelligence Center of ExcellenceChange of Command Ceremony 8 December 2010

Photos by Amy Sunseri,The Fort Huachuca Scout

Condensed from article by Amy Sunseri,Staff Writer, The Fort Huachuca Scout

After 36 years of duty and dedication to the Army, Major General John

Custer bid a nal farewell to the ForHuachuca community, Decembe8, during a change of command cer-emony on Brown Parade Field.

MG Custer has been theCommanding General of ForHuachuca and the U.S. ArmyIntelligence Center of Excellencesince June 29, 2007. For the pas36 years, I have had the privilege of

wearing the uniform of a Soldier inthe United States Army. In that timeI learned that this Army is muchmore than equipment and trainingand operations. Its about people

Continued page 16


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(Sura 49:12), meaning to look for the shameful pointsof Muslims. The Prophet said:

(1) If you search for peoples shameful points,you corrupt them

(2) O you who have entered Islam with your

tongues but whose hearts faith has not entered:do not slander people, and do not ferret outpeoples shameful points. Whoever searchesout the shameful points of his brother, Allah willsearch out his own shameful points, be sure thatHe will disgrace him even if he should remain inthe middle of his house.55

Rejecting a Brothers Excuse. When someone offersan excuse to his fellow Muslim and the latter does notaccept it, his sin is like the crime of imposing taxes.56

By way of comparison, He who imposes taxes re-sembles a highwayman, and is worse than a thief.57

Revealing a Secret. Mohammed said: When aman says something. Then glances left or right, hiswords are a condence to be kept. Telling a secretmeans to inform others of a remark, action, or statewhich one learns of from someone who wants toremain hidden, whether it be good or bad. This ihurting him, and hurting others is unlawful. When twopeople meet, it is obligatory to keep secret any act thatoccurs, any word spoken, or any state attributable to

someone, when these concern something one wouldnormally wish to remain condential, while not beingunlawful. If it is against Allah Most High alone anddoes not involve legal measures such as prescribedlegal penalties or disciplinary action, then it must bekept secret. If it involves legal measure, as do forni-cation and drinking, then one has a choice betweenrevealing it or not, though it is superior to conceal it. Iit involves another persons rights, then if concealing itentails harm to anyone, or if it concerns prescribed le-gal measures such as retaliation for an injury or death

or covering the cost of an article destroyed throughnegligence, then if the person whose rights have beeninfringed is ignorant of it, one is obliged to make thematter known, and must testify to it if asked to.If itinvolves anothers rights, but concealing it does notentail harm to anyone and it does not concern pre-scribed legal measures, or it entails one of these twobut the person concerned already knows of it throughanother and one has not been asked to testify about itthen one is obliged to conceal the matter.58

Change of Command CeremonyContinues from page 15

The best technology in the world is worthless withoutthe dedication and trained Soldiers who make it workand the caring leaders who know how to motivateand inspire, said Custer.

MG Custer relinquished the colors and his duties toBrigadier General Gregg Potter who previously servedas the Vice Director for Intelligence, J2, Joint Staff andDirector, Defense Intelligence Agency, Afghanistan-Pakistan Task Force. I am extremely honored andhumbled to be selected to lead the Intelligence Centerand Fort Huachuca and to train the next generationof intelligence professionals. . . . I see no more im-portant duty than training intelligence professionals,many of whom will leave here and go directly to thecombat zones of Afghanistan and Iraq, BG Potterremarked.

Lieutenant General Robert Caslen, Jr., Commander,U.S. Army Combined Arms Center and FortLeavenworth, Kansas, presided over the ceremony.

The Inuence of Islamic Law. . .Continues from page 12

The MICA Advanced AnalystScholarship Awarded forthe First Time

On Thursday during the IWS, BG Potter presentedMICAs Wayne M. Hall Advanced Analyst Scholarshipto Warrant Ofcer Jeffrey Jenkins, 1st HBCT, 34th

Infantry Division, and Mr. Matthew Hebert, 66th MIBrigade. The $10,000 scholarship is awarded annu-ally to analysts that best provide signicant impact totheir units effectiveness and mission success. Thescholarship is to be used by the awardees to furthertheir advanced analysis studies.

BG Potter, CG, USAICoE and W. F. Morgan, Jr., VicePresident, MICA, present the rst annual Wayne M. HallAdvanced Analyst Scholarships to WOI Jeffrey Jenkins andMr. Matthew Hebert. COL James Zellmer, Commander,66th MI Brigade, accepted the award on behalf of Mr.Hebert.


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Implications and Indicators

Conicting ideological beliefs impose an encum-brance on the believer. If the believer is also an inves-tigator or analyst shouldering the responsibilities of anintelligence or law enforcement investigation, and heis confronted with a divided loyalty situation (fellowbeliever as a criminal or intelligence subject), it is logi-cal that the believer may adhere to the calling of the

higher authority.Instances may begin to show unusual character-

istics: delayed ofcial recognition of the obvious;simple processes become problematic; evidencebecomes lost or tainted; translations are inaccurate;subjects, victims or witnesses behave in an unusualmanner compared to other, similar cases; simple staffcoordination /case management becoming mysteri-ously complicated; decision cycle slowed or derailed;common sense solutions subjected to unusual mentalgymnastics; aberrations in the normal feel of inter-

nal processes, procedures, discussions; failure to givedoctrinally complete answers or analysis on funda-mental or multiple points.

We should be asking: Is there doctrinal contami-nation at work? If so, where?

William Gawthrop is a former U.S. Army Criminal Investigatorand a retired U.S. Army Counterintelligence Ofcer

Endnotes1 Pruthi, R.K. ed. Encyclopaedia of Jihad (vol 1). Anmol

Publications, PVT. LTD, New Delhi: (2002). P. 1-15, passim.2 Malik, S.K. The Quranic Concept of War,AdamPublishers, Delhi, (1992) (Page 3 of the Preface: Pagesun numbered) Islam views the world as though it werebipolarized in two opposing camps Darus-Salam facingDarul-Harb the rst one is submissive to the Lord in co-operating with the Gods purpose to establish peace, orderand such other pre-conditions of human development,but the second one, on the other hand, is engaged inperpetuating deance of the same Lord. Such a state ofaffairs which engages any one in rebellion against Gods willis termed as Fitna which word literally means test or trial.The term Fitna refers us to misconduct on the part of a

man who establishes his own norms and expects obediencefrom others thereby usurping Gods authority who aloneis sovereign. In Sura Infaal Chapter 9, Verse 39, it issaid, And ght on until there remains no more tumult oroppression and the remain submissive

3 Khadduri, Majid, War and Peace in the Law of Islam,London, (1955) p. 63-64. It follows that the existenceof a dar al-harb is ultimately outlawed under the Islamicjural order; that the dar al-Islam permanently under jihadobligation until the dar al-harb is reduced to non-existence;and that any community accepting certain disabilities - mustsubmit to Islamic rule and reside in the dar al-Islam or bebound as clients to the Muslim community. The universality

of Islam, in its all embracing creed, is imposed on thebelievers as a continuous process of warfare, psychologicaland political if not strictly military

4 Khadduri, Majid. The Islamic Law of Nations: al-ShaybansSiyar. Johns Hopkins Press, Baltimore: (1966). p. 17: Thestate of war should, accordingly, come to an end whenthe dar-al-harb had disappeared. At such a stage the daral-Islam, as the abode of peace, would reign supreme inthe world. It may be argued, therefore, that the ultimate

objective of Islam is the achievement of permanent peacerather than the perpetuation of war. Thus the jihad, inIslamic theory, was a temporary legal device designed toachieve Islams ideal public order by transforming the daral-harb into the dar al-Islam

5 Bernard Lewis, Cultures in Conict (New York: OxfordUniversity Press, 1995), p. 14. The world was dividedinto the House of Islam, where the Muslim faith and lawprevailed, and the House of War, where they did not,and between the two there would be a perpetual stateof war, interrupted only by truces, until the Word of Godwas brought to all humanity. For most Muslim writers,Christendom rst Byzantine and then European was

the House of War par excellence.6 Global War On Terrorism: Analyzing the Strategic Threat- Discussion Paper Thirteen , Joint Military IntelligenceCollege, Washington, DC (2004), p. 39. The dar al-Islamis in perpetual war with the dar al-harb. See also, page40 Islam is a peaceful religion that is in perpetual (but notnecessarily constant) warfare with the dar al-Harb. Thisobligation [Jihad] is without limit of time or space. It mustcontinue until the whole world has either accepted theIslamic faith or submitted to the power of the Islamic state.Lewis, Bernard, The Political Language of Islam, Chicago:The University of Chicago Press (1988) p. 73

7 Quran 2:216 Jihad is ordained for you though you dislike

it, and it may be that you dislike a thing which is good foryou and you like a thing that is bad for your. Allah knowsbut you do not know.

8 Quran 2:193 And ght them until there is no moreFitnah (disbelief and worshiping of others along with Allah)and all and every kind of) worship is for Allah (Alone). Butif they cease, let there be no transgression except againstAz_Zalimum (the polytheists and wrong doers.)

9 Quran 9:5 Then when the Sacred Months have passed,the kill the Mushrikun wherever you nd them, and capturethem and besiege them, and lie in wait for them in eachand every ambush. But if they repent and performAs-Salat(Iqamat-asSalat), and giveZakat, then leave their way free.Verily, Allah is Oft-Forgiving, most Merciful

10 Ibn Rushd. The Distinguished Jurists Primer (Vol I),Garnet Publishing, Reading, UK: (1994) p: 454-487

11 al-Misri, Reliance of the Travelle. p: 599-605, passim.See specically The caliph ghts all other people until theybecome Muslim p. 603 and it is offensive to conduct amilitary expedition against hostile non-Muslims withoutthe caliphs permission (A: though if these is no caliph, nopermission is required.) p. 602.

12 Al-Mawardi, Abu al-Hasan.Al-Ahkam al-Sultaniyya wal-Wilayat al Diniyya (The Ordinances of Government), Garnet


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Publishing, Reading, UK: (2000) p. 63

13 Vol II, The Encyclopaedia of Islam, Brill, Leiden, 2009,page 538-539 under djihad

14Islamic Law is the sharia and it comes in multipleinterpretations, modied by local practices and individualinterpretations. But at the strategic level, and within at leastthe Sunni Sects, there are four schools of Law: Hana,Hanbali, Maliki, Sha, Malikite. For a detailed overview ofHanafyya, the Hana madhhab school of religious law, see

Leiden Brill, The Encyclopaedia of Islam, (London: Luzac &Co, 1986) Vol III, p. 162-164.; For a detailed overview ofHanabila, the Hanbali madhhab school of religious law, seeLeiden Brill, The Encyclopaedia of Islam, (London: Luzac& Co, 1986) Vol III, p. 158-162 For a detailed overview ofMalikiyya, the Malikite madhhab school of religious law, seeLeiden Brill, The Encyclopaedia of Islam, (London: Luzac &Co, 1991) Vol VI, p. 278-283. For a detailed overview ofShaiyya, the Shai madhhab school of religious law, seeLeiden Brill, The Encyclopaedia of Islam, (London: Luzac &Co, 1997) Vol IX, p. 181-189.

15Thomas Patrick Hughes, Dictionary of Islam: Being ACyclopaedia Of The Doctrines, Rites, Ceremonies, And

Customs, Together With The Technical And Theological TermsOf The Muslim Religion. (originally printed in 1886)(Chicago:KAZI Publications, 1994) p. 280. Concealing; keepinga secret (Publishers Note: Kazi Publications, Inc, hasreprinted this 19th Century Dictionary on Islam withthe authors preface for its readers because of thecomprehensiveness and scope of the work. No similar workhas been done over 100 years later. We do not agree withall of the entries or descriptions but felt that the knowledgeshould be available to all to read and then to decide fromhimself or herself which descriptions are accurate of Muslimlife and beliefs. p. vi)

16 Leiden Brill, The Encyclopaedia of Islam, (London: Luzac

& Co, 2000) Vol X, p. 13417 Al-Taqiya (variously al-taqiyya, taqiyya, taqiya) is basedon Quran 3:28 and 16:106 (as well as hadith, tasr literatureand judicial commentaries) which permits, and encourages,precautionary dissimulation as a means for concealing truefaith in times of persecution or deception when penetratingthe enemy camp.

Sura 3:28 (Medina Period) Let not the believers takedisbelievers asAuliya (protectors or helpers or friends)instead of the believers, and whoever does that will neverbe helped by Allah in anyway, except if you fear a dangerfrom them. And Allah warns you against Himself (Hispunishment), and to Allah is the nal return.

Sura 15:106 Any one who, after accepting faith in Allah,utters Unbelief,- except under compulsion, his heartremaining rm in Faith - but such as open their breast toUnbelief, on them is Wrath from Allah, and theirs will be adreadful Penalty.

18 Al-Wala Wal-BaraAccording to the Aqeedah of theSalaf, 2, by By Shaykh Muhammad Saeed al-Qahtani, Al-Firdous Publishers, London. (1999)passim. The twentycategories of disassociation are with Disbelievers; onDisbelievers; on points of disbelief; the affection ofDisbelievers; toward the disbelief; of the disbelievers faith;

the disbelievers as friends; to the disbelievers; sit withthe disbelievers who ridicule the Koran; give disbelieversauthority over Muslims; the disbelievers; express pleasurewith the actions of disbelievers; draw near to thedisbelievers; aid the disbelievers in wrong doing; Seek theadvice of disbelievers; Honor the disbelievers; live amongthe disbelievers; collude with the disbelievers; revile theMuslims and love the disbeliever; support the ideologies ofthe disbeliever.

19 Sura 3:28 (Medina Period) Let not the believers takedisbelievers asAuliya (protectors or helpers or friends)instead of the believers, and whoever does that will neverbe helped by Allah in anyway, except if you fear a dangerfrom them. And Allah warns you against Himself (Hispunishment), and to Allah is the nal return.

Sura 4:139 (Medina Period) Those who take disbelieversforAuliya (protectors or helpers or friends) instead ofbelievers, do they seek honour, power and glory with them?Verily, then to Allah belongs all honour, power and glory.

Sura 4: 144 (Medina Period) O you who believe! Takenot asAuliya (protectors or helpers or friends) disbelieversinstead of believers. Do you wish to offer Allah a manifest

proof against yourselves?Sura 5:57 (Medina Period) O you who believe! Take not as

Auliya (protectors and helpers) those who take your religionas a mockery and fun from among those who received theScripture (Jews and Christians) before you, and nor fromamong the disbelievers; and fear Allah if you indeed are truebelievers.

Sura 9:23 (Medina Period) O you who believe! Take notasAuliya (supporters and helpers) your fathers and yourbrothers if the prefer disbelief to Belief. And whoever ofyours does so, then he is one of theZalimun (Wrongdoers)

Sura 9:29 (Medina Period) Fight against those who (1)

believe not in Allah, (2) nor in the Last Day, (3) nor forbidthat which has been forbidden by Allah and His Messenger(Muhammad) (4) and those who acknowledge not thereligion of truth (Islam) among the people of the Scripture(Jews and Christians) until they pay the Jizyah with willingsubmission, and feel themselves subdued.

Sura 60:1 (Medina Period) O you who believe! Take not Myenemies and your enemies (i.e. disbelievers and polytheists)as friends showing then affection towards them, while theyhave disbelieved in what has come to you of the truth (i.e.Islamic Monotheism, the Quran, and Muhammad), andhave driven out the Messenger (Muhammad) and yourselves(from your homeland) because you believe in Allah your

Lord! If you have come forth to strive in My Cause and toseek My Good Pleasure, (then take not these disbelieversand polytheists, as your friends). You show friendship tothen in secret, while I am All-Aware of what you concealand what you reveal. And whosoever of you (Muslims) doesthat, then he has gone (far) astray from the Straight Path

Sura 60:2 (Medina Period) Should they gain the upper handover you, they would behave to you as enemies, and stretchforth their hands and the tongues against you with evil, andthey desire that you should disbelieve.

Sura 60:3 (Medina Period) Neither your relatives nor yourchildren will benet you on the Day of Resurrection (against


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Allah). He will judge between you. And Allah is the All-Seer of what you do.

Sura 60:13 (Medina Period) O you who believe! Take notas friends the people who incurred the Wrath of Allah .Surely, they have despaired of (receiving any good in) theHereafter, just as the disbelievers have despaired of those(buried) in graves (that they will not be resurrected on theDay of Resurrection)

20There are two terms: Sira and Sunna. The Sira is a genre

of early Islamic literature. Mohammads biography. Sirameans way of going; way of acting; way of life (in thesemeanings it is almost synonymous withsunnaIn hadithcollections and books on Islamic Law, the pluralsiyar isalso used for rules of war and dealings with non-Muslims For a detailed discussion of Sira see Leiden Brill, TheEncyclopaedia of Islam, (London: Luzac & Co, 1997) Vol IX,p. 660-663.

21 There are two terms: Sira and Sunna. The Sunnadescribes the generally approved standard or practiceintroduced by (Mohammad) as well as the pious Muslims ofolden days. And at the instigation of al-Sha, thesunna of(Mohammad) was awarded the position of the second root

(asl) of Islamic Law., the Shaira, after the Kuran. Not longafter that,sunna came to stand for the all-encompassingconcept orthodoxy, which is still in use today. Out ofthis there grew the dichotomy between Sunni (orthodoxand ShiI (heterodox) Islam. For a detailed discussionof Sunna see Leiden Brill, The Encyclopaedia of Islam,(London: Luzac & Co, 1997) Vol IX, p. 878-881.

22 Arguably, the Sunna and the Hadiths are taken as thesame.

23Hughes, p. 128. Fiqh. The dogmatic theology of theMuslims. Works on Muhammadan law, whether civilor religious, The books most read by the Sunnis are theHidayah, written by a learned man named Ali ibn Abi Bakr,(A.H. 593), part of which has been translated by the lateColonel Charles Hamilton; the Darrul Mukhtar, by Alu d-din, (A.H. 1088), the Sharhul-Wiqayah, by Ubaidu Ilahibn Masud, (A.H. 745), the Raddu l Muhtar, by SaiyidMuhammad Amin ibn Abidi d-din, and the Fatawa Alamgiri.Amongst the Imamiyah School, or the Shiahs, the principleworks are Kitabu sh-Sharai, by Abu l-Hasan Ali (A.H. 326),the Muqni l-qh, by Abu jafar (A.H. 360); the Sharalul-Islam, by Shaikh Najmu ddin (A.H. 679) and theJamiul-Abbasi, by Bahau d-din (A.H. 1031)

24 Hallaq, Wael B, A History of Islamic Legal Theories: AnIntroduction to Sunnie usul al-qh , Cambridge UniversityPress, Cambridge, UK: (1997). 40

25 Al-Imam Abu Zakariya Yahya, Riyad-us-Saliheen,Darussalam, Riyadh, Saudi Arabia: (1998).

26 al-Juywani, Al-Haramayn.A Guide to Conclusive Proofsfor the Principles of Belief, Garnet Publishing, Reading, UK:(2001)

27 Ibn Sallam, The Book of Revenue, Garnet Publishing,Reading, UK: (2003)

28 Keller, Nuh Ha Mim.Al-Masqasid: Nawawis Manual ofIslam, Amana Publications, Beltsville, MD: (1994)

29 Reliance of the Traveller, written in 14th Century byAhmad ibn Naqib al Misri (d. 769/1368), and translated

and updated by Nuh Ha Mim Keller in the 1980s, is thecodication of sharia from the Sha legal perspective. Forinvestigators and analysts Traveller is not adequate for fullyunderstanding the full scope of Islamic law, but it is useful asa basic starting point. It should be remembered, however,that:

the four Sunni schols of Islamic law, Hana, Maliki,ShaI and Hanbali, are identical in approximately 75percent of their legal conclusions, while the remaining

questions, variances within a single family of explainersof the Holy Koran and prophetic sunna, are traceableto methodological differences in understanding orauthentication of the primary textual evidence, differingviewpoints somethimes reected in even a single school. al-Misri, Reliance of the Traveller, p. vii

30al-Misri, Reliance of the Traveller, p. 730.

31al-Misri, Reliance of the Traveller, p. 732



34Khalil ibn Abd al-Qadir al-Shaybani al Nahlawi, a HanaScholar in Damascus, who died in 1350/1931.



37 al-Misri, Reliance of the Traveller, p. 742

38al-Misri, Reliance of the Traveller,p. 744.



41E.J. Brill, The Encyclopaedia of Islam Vol II, (Leiden, TheNetherlands: 1983), p. 1038.



44al-Misri, Reliance of the Traveller, . 74645al-Misri, Reliance of the Traveller, p. 746


47al-Misri, Reliance of the Traveller, . 748

48al-Misri, Reliance of the Traveller,. 748

49al-Misri, Reliance of the Traveller, . 748





54al-Misri, Reliance of the Traveller: . 759

55al-Misri, Reliance of the Traveller,p. 759

56 al-Misri, Reliance of the Traveller,p. 763


58 al-Misri, Reliance of the Traveller,p. 771-772


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Pastoralists in the Horn ofAfrica

By SSG Charles N. Hill

The Horn of Africa is a region that is often asso-ciated with conict, drought, famine, and poverty.Among the many groups that inhabit this region of

the African continent, traditional pastoral tribes areamong the most marginalized. Pastoralists are no-madic or semi-nomadic peoples that practice a formof subsistence migratory livestock agriculture in thearid and semi-arid areas of this region. This articlesexplores the pastoralist culture in the Horn of Africa,discusses how pastoralist culture contributes to insta-bility in the region, and identify how this instabilityultimately affects the United States interests in thearea.

When people consider the word culture, they usu-ally think of an ethnic or religious group. Pastoralistsin the Horn of Africa are comprised of many groupswith different ethnic and religious backgrounds.However, they are a distinct culture because theyshare a common set of values, goals, attitudes, andpractices (Merriam-Webster, 2010). A comparableculture is the ranching culture in the western U.S.

According to the non-governmental organization(NGO), Pastoral and Environmental Network in theHorn of Africa (PENHA), there were more than 25

million pastoralists in the region as of 2006 (Lumley,

2006). The table below shows pastoralists by countryin the Horn of Africa.

The culture of pastoralists in the region centers onthe herding of livestock. In the Horn of Africa cattleare the predominant livestock that comprise theirherds. However, some groups tend camels, goatsor sheep. Pastoralists by nature must be economi-cally subsistent, with most groups striving for self suf-ciency (Kandagor, 2005). This establishes many othe commonalities such as mobility, communalismand herd protection that this culture exhibits.

Mobility is one key theme amongst the peoplewho practice pastoral lifestyles. These people areusually nomadic or transhumance. Nomadic groupmove seasonally based on their herds need for foodand water, and their movement patterns vary fromyear to year. Transhumance pastoralists move on acyclic pattern that is usually dictated by the season

for example moving to the highlands in the summerand back to their lowland base during the winterThis type of mobility is well suited to the climate ofthe Horn of Africa, and is in many ways preferableto farming because it allows freedom of movementduring climatically harsh time periods (Kandagor2005).

In addition to mobility, a common practice of pas-toralists is communalism. Animals are slaughteredfor meat, bled, or milked, and shared throughouthe community. This is primarily due to their tran

sitory nature. They lack the means to adequately

Country Pastoralist Groups Number % population

Djibouti Afar, Somali 100,000 16

Eritrea Tigre, Rashaida, Hidarib, Afar 1,000,000 28

Ethiopia Somali, Boran, Afar plus 15 others 7,070,000 11

Kenya Turkana, Pokot, Tugan, Massai, Gabbra, Sakuye,Rendille, Sambura, Dassanetch, Boran, Oroma,Somali

7,500,000 25

Somalia Somali 4,800,000 55

Sudan East: Beja, Beni Amer, Shukriyya, Rashaida; West:Kababish, Zaghawa, Rizeigat, Messiriya, Fallata;South: Dinka, Nuer, Mundari, Topposa. Plus manyothers

4,700,000 15

Uganda Ateso, Nuer, Karimojong, Banyankore, Basongora 1,030,000 5Data sources: PENHA, UNDP 2006


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preserve the meat, blood, or milk (Kandagor, 2005).This community orientation also builds a system ofreciprocity where one family provides meat for thecommunity and is then owed by the rest of the com-munity. The result is a community rst mindset.

Another commonality among these groups isthat they are patriarchic. Men hold rights to theirfamilys herd, and are viewed as the decision mak-ers. Women usually hold a lower social role in thesesocieties. Men within the group must work togetherto ensure the security and prosperity of their herds.However, they are often hostile towards outsiders, asthey view them as a threat to their herd, their free-dom of movement, or their grazing land and watersources. Therefore the men of the group are judgedbased on their bravery and success as protectors ofthe herd, and may often engage in inter-pastoralconicts (Kandagor, 2005).

When analyzing how pastoralists in the Horn ofAfrica contribute to instability in the region, commu-nity characteristics play a major role. These peopleplay a distinct part in the instability of the region.Depending on ones perspective, the governmentsof the region are responsible for the marginalizationof the pastoralists thus creating instability. In manycases the pastoralists themselves are seen as creatingthe instability, with which the regions governmentsmust cope. Both views are in some ways accurate.

The primary regional ways that pastoral communi-

ties are involved in regional instability are famine andconict. These two issues are intricately interwoven,and one cannot be discussed without discussing theother.

Famine is a constant threat in the region and failureof herds amongst pastoralists can contribute to a pre-cipitous lack of food staples. For example, accordingto the U.S. Agency for International Development(USAID), in 2005 late seasonal rains resulted in earlymigration of pastoral herds. This resulted in earlymigration with little rain fall contributing to deterio-rated animal conditions, and many animal deaths.Similar conditions existed that year in Eritrea andEthiopia, while heavy rains and ooding in Somaliacreated similar results (USAID, 2005).

When environmental conditions destroy herds,it decimates the ability of the community to feeditself, and as transitory groups, they possess little orno food crops. Further, if the herd fails, they haveno livestock to trade for other sources of food. Thislack of food security contributes to instability in two

ways. First, pastoral groups must compete for limited resources which could lead to armed conictsSecond, when regional governments fail to addressfamine and conicts, they are seen as being unableto provide for the needs of their people.

According to Medan Mekonnen (2006), whendrought causes famine conditions, pastoralist mi-gration increases and pastoralist communities wileventually compete for the scarce resources thatare available. He also argues that the proximity ofmany pastoralist communities to border areas re-sults in greater availability of small arms and lightweapons which can escalate the resource conicts(Mekonnen, 2006). These conicts over grazing landand water sources result in signicant security issueswith which the governments in the Horn of Africamust then address.

Additionally, cattle raiding can become a source

of conict. Among the Karomojong cluster, rival pas-toralist factions conduct raids, essentially cattle-rus-tling, against one another (Satya, 2004). This servetwo purposes, to increase herds, and establish theprestige of the men in the tribe.

An area where this is a particular source of conictis in Uganda. These cattle raiding conicts developinto military maneuvers with the addition of smalarms and machine guns which are readily avail-able due to civil strife in the region (Satya, 2004)Additionally, inter-clan conicts threaten pastoralists

ability to migrate along traditional routes in Sudandue to land mines, and in Somali due to the lack ofability to safely transit useable lands (USAID, 2005)These conicts add to the political instability of theregion. To an outsider these conicts are indistin-guishable from ideological conicts.

While there are a number of ways that pastoral-ists contribute to the instability of governments inthe Horn of Africa, the governments themselvesoften precipitate these issues. The governments ocontemporary Horn of Africa are the historical heirsof the colonial areas and practices. Many of thesecountries ll arbitrarily drawn borders and attempto coalesce clans and tribes with differing traditionsvalue, and needs (Satya, 2004).

One example of government marginalization opastoralists is in Uganda, where game preserves andparks were sliced out of traditional pastoralist grazinglands. The Mount Elgon and Kidebo national parkswere established here with no consideration of pas-toralist use of the land (Satya, 2004).


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Additionally due to the geographic needs ofrural pastoralists some governments, particularlyEthiopia, Somalia, and Eretria, have not establishedadequate infrastructure that would allow pastoraliststo become prosperous. Poor development of linesof communication that would allow them to bringtheir livestock to markets are non-existent or in poorcondition. Likewise, safe potable water sources do

not exist to support the people or the livestock. (TheMonitor, 2010)

One might ask why the governments in this regiondo not force pastoralists to settle down and developalternate means of survival. In fact many govern-ments in the Horn of Africa have attempted to dealwith pastoralists by forcing them to become seden-tary. Forcing these populations to become sedentarywithout providing an adequate source of income, es-sentially forces them to become inviable (Kandagor,2010). Crippling the ability to migrate makes thelivestock susceptible to climatic condition and over-grazing, which further deteriorates the pastoralistsability to survive. It must be understood that to takeaway their traditional means of survival, is to takeaway their prestige and culture.

An alternative method is to develop policies thatassist the groups such as mobile education andhealth care systems that migrate with the tribes.Additionally, countries must develop programs to as-sist pastoralists who wish to become sedentary and

seek alternate sources of income in necessary, butnot force this process.

After taking into account how pastoralists contrib-ute to, and suffer from, the economic and politicalinstabilities in the Horn of Africa, it is possible to de-termine how this affects the United States. The im-pacts of marginalized pastoralists fall into the realmsof humanitarian and military initiatives. The effectsof pastoralists on U.S. interests is not directly visible,however, when viewed through the lens of the abovementioned instability it is more readily understood.

According to the White House:

Regional conicts can arise from a wide vari-ety of causes, including poor governance, exter-nal aggression, competing claims, internal revolt,tribal rivalries, and ethnic or religious hatreds. Ifleft unaddressed, however, these different causeslead to the same ends: failed states, humanitariandisasters, and ungoverned areas that can becomesafe havens for terrorists. (Ploch, p. 18)

Prevention of these failures is of strategic impor-tance to the United States. It is undeniable thapastoralist communities play a large role in many ofthese conicts whether they are major parties to theconict or are simple victims affected by the con-icts. Therefore addressing the role they play is a keypart of establishing stability in the region.

Militarily, Combined Joint Task Force Horn ofAfricas (CJTF-HOA) mission is to conduct operationsin the East Af

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