Hasan's constitutional stand on war in Afghanistan

Scrawled in the margin of a copy of the sanity board report he released to “The New York Times” last week, Maj. Nidal Malik Hasan wrote:

Since the wars in Afghanistan and Iraq are illegal and unconstitutional according to many legal experts, I don't understand why members of the Muslim community cry that my actions went against Islam, because they say I broke my oath of office. My oath at the very least is irrelevant but I could argue my oath compels me to at least speak out against the illegal and unconstitutional wars.

The oath of an officer in the Army of the United States of America:

The wordings of the current oath of enlistment and oath for commissioned officers are as follows:

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)

It it interesting to note that the oath avows "...that I take this obligation freely, without any mental reservation or purpose of evasion..."

There is a practice of dissimulation developed by certain Muslim sects in which is considered acceptable to avow certain ideas or concepts to avoid losing life, limb or property, while secretly holding a completely different opinion. It is called al taqiyya.