Imagine you are in charge of Afghanistan after 911. The US is angry, Bin Laden has given Bayah to you as your leader and is alleged to have been behind the attacks on 911 without your authorisation or knowledge. Your closest allies, Pakistan, ask you to hand him over to his country of origin or face massive loss of life and destruction. You risk losing the friends that helped you into power.
Knowing that the loss of life would be catastrophic and the entire Muslim ummah would pay a very heavy price for one man’s obsession with the US, his former allies. What decision would you make?
a) Hand him over to the US on the Islamic principle that he was your guest and pledged his allegiance to you but is alleged to have carried out an attack, without your permission. An unlawful act i.e. sacrifice one Muslim life or a few lives, to save millions.
b) Refuse to hand him over on the basis that Islamically he was your guest, he denies involvement at that point, later appears to admit it, but says he supports whoever has done it. You have no extradition treaty with the US. Principle over loss of millions of lives and destruction and being removed from power.
c ) A third option, hand him to a third country Saudi Arabia his country of birth who recognise your government and you have some kind of treaty?
These were the difficult decisions facing the rulers of Pakistan and Afghanistan after 911 . Theory is easy, the practicalities of ruling and decision making are much tougher.
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