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Known by some scholars as the "sword verse" in Surah at-Tawbah of the Qur'an, verse 9:29 has been interpreted by many Islamic scholars throughout history as a never-ending call for jihad against the [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar-al-Harb]], abrogating a large number of earlier verses. This was not a universal view, however, and is also contested by Islamic modernist scholars today, who argue that the Quran does not sanction expansionist warfare but rather emphasises defensive fighting against aggression and religious persecution, with the expansionist-abrogationist view being linked to the early imperial-political situation (see discussion in the main article).
Known by some scholars as the "sword verse" in Surah at-Tawbah of the Qur'an, verse 9:29 has been interpreted by many Islamic scholars throughout history as a never-ending call for jihad against the [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar-al-Harb]], abrogating a large number of earlier verses. This was not a universal view, however, and is also contested by Islamic modernist scholars today, who argue that the Quran does not sanction expansionist warfare but rather emphasises defensive fighting against aggression and religious persecution, with the expansionist-abrogationist view being linked to the early imperial-political situation (see discussion in the main article).


'''Verse 9:29'''
===='''Verse 9:29'''====
 
{{Quote|{{Quran|9|29}}|Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.}}
{{Quote|{{Quran|9|29}}|Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.}}


The classical commentator Ibn Kathir, who was of the aggressive abrogationist view, gave the following explanation of verse 9:29.
Here is Quran 9:29 in context, this verse is commonly known as ''the verse of the sword'' and relates to Jews and Christians.


{{Quote|1=[http://www.tafsir.com/default.asp?sid=2&tid=5035 The Order to fight until there is no more Fitnah]<BR>Tafsir Ibn Kathir|2=Allah then commanded fighting the disbelievers when He said:
{{Quote|{{Quran-range|9|29|35}}|Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.


And the Jews say: Ezra is the son of Allah, and the Christians say: The Messiah is the son of Allah. That is their saying with their mouths. They imitate the saying of those who disbelieved of old. Allah (Himself) fighteth against them. How perverse are they!


(...until there is no more Fitnah) meaning, Shirk. This is the opinion of Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Al-Hasan, Qatadah, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi and Zayd bin Aslam.
They have taken as lords beside Allah their rabbis and their monks and the Messiah son of Mary, when they were bidden to worship only One Allah. There is no Allah save Him. Be He Glorified from all that they ascribe as partner (unto Him)!


Allah's statement:
Fain would they put out the light of Allah with their mouths, but Allah disdaineth (aught) save that He shall perfect His light, however much the disbelievers are averse.


He it is Who hath sent His messenger with the guidance and the Religion of Truth, that He may cause it to prevail over all religion, however much the idolaters may be averse.


(...and the religion (all and every kind of worship) is for Allah (Alone).) means, `So that the religion of Allah becomes dominant above all other religions.' It is reported in the Two Sahihs that Abu Musa Al-Ash`ari said: "The Prophet was asked, `O Allah's Messenger! A man fights out of bravery, and another fights to show off, which of them fights in the cause of Allah' The Prophet said:
O ye who believe! Lo! many of the (Jewish) rabbis and the (Christian) monks devour the wealth of mankind wantonly and debar (men) from the way of Allah. They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings (O Muhammad) of a painful doom,


On the day when it will (all) be heated in the fire of hell, and their foreheads and their flanks and their backs will be branded therewith (and it will be said unto them): Here is that which ye hoarded for yourselves. Now taste of what ye used to hoard.}}


(He who fights so that Allah's Word is superior, then he fights in Allah's cause.) In addition, it is reported in the Two Sahihs:
The classical commentator Ibn Kathir, who was of the aggressive abrogationist view, gave the following explanation of this verse.
 
(I have been ordered (by Allah) to fight the people until they proclaim, `None has the right to be worshipped but Allah'. Whoever said it, then he will save his life and property from me, except for cases of the law, and their account will be with Allah.) }}
 
'''Verse 2:193'''
 
{{Quote|{{Quran|2|193}}|Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah. But if they cease, then there is to be no aggression except against the oppressors.}}
 
Ibn Kathir explains verse 2:193 as follows.


{{Quote|{{cite web quotebox|url=http://www.qtafsir.com/index.php?option=com_content&task=view&id=2567&Itemid=/ |title= The Order to fight People of the Scriptures until They give the Jizyah|}}<BR>Tafsir ibn Kathir|(Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture,)  
{{Quote|{{cite web quotebox|url=http://www.qtafsir.com/index.php?option=com_content&task=view&id=2567&Itemid=/ |title= The Order to fight People of the Scriptures until They give the Jizyah|}}<BR>Tafsir ibn Kathir|(Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture,)  
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This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination. The Messenger sent his intent to various Arab areas around Al-Madinah to gather forces, and he collected an army of thirty thousand. Some people from Al-Madinah and some hypocrites, in and around it, lagged behind, for that year was a year of drought and intense heat. The Messenger of Allah marched, heading towards Ash-Sham to fight the Romans until he reached Tabuk, where he set camp for about twenty days next to its water resources. He then prayed to Allah for a decision and went back to Al-Madinah because it was a hard year and the people were weak, as we will mention, Allah willing.}}
This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination. The Messenger sent his intent to various Arab areas around Al-Madinah to gather forces, and he collected an army of thirty thousand. Some people from Al-Madinah and some hypocrites, in and around it, lagged behind, for that year was a year of drought and intense heat. The Messenger of Allah marched, heading towards Ash-Sham to fight the Romans until he reached Tabuk, where he set camp for about twenty days next to its water resources. He then prayed to Allah for a decision and went back to Al-Madinah because it was a hard year and the people were weak, as we will mention, Allah willing.}}


Another prominent classical commentary, tafsir al-Jalalayn, states the following regarding the same verse:
===='''Quran 9:111'''====
The following verse defines fighting in the cause of Allah as killing and being killed.
{{Quote|{{Quran|9|111}}|Indeed, Allāh has purchased from the believers their lives and their properties [in exchange] for that they will have Paradise. '''They fight in the cause of Allāh, so they kill and are killed.''' [It is] a true promise [binding] upon Him in the Torah and the Gospel and the Qur’ān. And who is truer to his covenant than Allāh? So rejoice in your transaction which you have contracted. And it is that which is the great attainment.}}
 
===='''Quran 9:5'''====
Quran 9:5 is another verse known as ''the verse of the sword'' (like 9:29 discussed above) and considered by many classical scholars to abrogate earlier defensive verses.


{{Quote|[http://quran.com/2/193 Surat Al-Baqarah (The Cow) 2:193]<BR>Tafsir al-Jalalayn|Fight them till there is no sedition, no idolatry, and the religion, all worship, is for God, alone and none are worshipped apart from Him; then if they desist, from idolatry, do not aggress against them. This is indicated by the following words, there shall be no enmity, no aggression through slaying or otherwise, save against evildoers. Those that desist, however, are not evildoers and should not be shown any enmity.}}
{{Quote|{{Quran|9|5}}|And when the inviolable months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and give zakāh, let them [go] on their way. Indeed, Allāh is Forgiving and Merciful.}}


Quran 9:5 was another verse known as ''the verse of the sword'' (like 9:29 discussed above) and considered by many classical scholars to abrogate earlier defensive verses. In context, the passage relates to treaty breakers among the mushrikeen.
In context, the passage relates to treaty breakers among the mushrikeen.
{{Quote|{{Quran-range|9|1|8}}|Freedom from obligation (is proclaimed) from Allah and His messenger toward those of the idolaters with whom ye made a treaty.
{{Quote|{{Quran-range|9|1|8}}|Freedom from obligation (is proclaimed) from Allah and His messenger toward those of the idolaters with whom ye made a treaty.


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How (can there be any treaty for the others) when, if they have the upper hand of you, they regard not pact nor honour in respect of you? They satisfy you with their mouths the while their hearts refuse. And most of them are wrongdoers.}}
How (can there be any treaty for the others) when, if they have the upper hand of you, they regard not pact nor honour in respect of you? They satisfy you with their mouths the while their hearts refuse. And most of them are wrongdoers.}}


Here is Quran 9:5 in context, the other verse commonly known as ''the verse of the sword'' and which this time relates to Jews and Christians.
===='''Quran 9:123'''====
Another verse in the same surah is the following:
{{Quote|{{Quran|9|123}}|O you who have believed, fight against those adjacent to you of the disbelievers and let them find in you harshness. And know that Allah is with the righteous.}}
 
===='''Verse 8:39'''====
Quran 8:39 can also be interpreted as calling for offensive jihad.
 
{{Quote|{{Quran|8|39}}|And fight against them until there is no fitnah and [until] the religion [i.e., worship], all of it, is for Allāh. And if they cease - then indeed, Allāh is Seeing of what they do.}}


{{Quote|{{Quran-range|9|29|35}}|Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.
Ibn Kathir explains this verse as follows:


And the Jews say: Ezra is the son of Allah, and the Christians say: The Messiah is the son of Allah. That is their saying with their mouths. They imitate the saying of those who disbelieved of old. Allah (Himself) fighteth against them. How perverse are they!
{{Quote|1=[http://www.tafsir.com/default.asp?sid=2&tid=5035 The Order to fight until there is no more Fitnah]<BR>Tafsir Ibn Kathir|2=Allah then commanded fighting the disbelievers when He said:


They have taken as lords beside Allah their rabbis and their monks and the Messiah son of Mary, when they were bidden to worship only One Allah. There is no Allah save Him. Be He Glorified from all that they ascribe as partner (unto Him)!


Fain would they put out the light of Allah with their mouths, but Allah disdaineth (aught) save that He shall perfect His light, however much the disbelievers are averse.
(...until there is no more Fitnah) meaning, Shirk. This is the opinion of Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Al-Hasan, Qatadah, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi and Zayd bin Aslam.


He it is Who hath sent His messenger with the guidance and the Religion of Truth, that He may cause it to prevail over all religion, however much the idolaters may be averse.
Allah's statement:


O ye who believe! Lo! many of the (Jewish) rabbis and the (Christian) monks devour the wealth of mankind wantonly and debar (men) from the way of Allah. They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings (O Muhammad) of a painful doom,


On the day when it will (all) be heated in the fire of hell, and their foreheads and their flanks and their backs will be branded therewith (and it will be said unto them): Here is that which ye hoarded for yourselves. Now taste of what ye used to hoard.}}
(...and the religion (all and every kind of worship) is for Allah (Alone).) means, `So that the religion of Allah becomes dominant above all other religions.' It is reported in the Two Sahihs that Abu Musa Al-Ash`ari said: "The Prophet was asked, `O Allah's Messenger! A man fights out of bravery, and another fights to show off, which of them fights in the cause of Allah' The Prophet said:


Another verse in the same surah is the following:
{{Quote|{{Quran|9|123}}|O you who have believed, fight those adjacent to you of the disbelievers and let them find in you harshness. And know that Allah is with the righteous.}}


==Not Aggressing in Jihad==
(He who fights so that Allah's Word is superior, then he fights in Allah's cause.) In addition, it is reported in the Two Sahihs:


===Verse===
(I have been ordered (by Allah) to fight the people until they proclaim, `None has the right to be worshipped but Allah'. Whoever said it, then he will save his life and property from me, except for cases of the law, and their account will be with Allah.) }}


{{Quote|{{Quran|2|190}}|Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors.}}
===='''Verse 2:193'''====
Then there is Quran 2:193.


===Scholars===
{{Quote|{{Quran|2|193}}|Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah. But if they cease, then there is to be no aggression except against the oppressors.}}


This is among the peaceful/defensive verses that have been [[Abrogation|abrogated]] by verses from chapter nine according to classical scholars of the abrogationist view such as the commentators of Tafsir al-Jalalayn, as discussed above.
Another prominent classical commentary, tafsir al-Jalalayn, states the following regarding this verse:


{{Quote|[http://quran.com/2/190 Surat Al-Baqarah (The Cow) 2:190]<BR>Tafsir al-Jalalayn|this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:}}
{{Quote|[http://quran.com/2/193 Surat Al-Baqarah (The Cow) 2:193]<BR>Tafsir al-Jalalayn|Fight them till there is no sedition, no idolatry, and the religion, all worship, is for God, alone and none are worshipped apart from Him; then if they desist, from idolatry, do not aggress against them. This is indicated by the following words, there shall be no enmity, no aggression through slaying or otherwise, save against evildoers. Those that desist, however, are not evildoers and should not be shown any enmity.}}


===Hadith===
=== Hadith===


{{Quote|{{Bukhari|1|8|387}}, See also: {{Bukhari|1|2|24}}|Narrated Anas bin Malik:  
{{Quote|{{Bukhari|1|8|387}}, See also: {{Bukhari|1|2|24}}|Narrated Anas bin Malik:  
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{{Quote|{{Bukhari|5|59|435}}|
{{Quote|{{Bukhari|5|59|435}}|
On the day of Al-Ahzab (i.e. clans) the Prophet said, (After this battle) we will go to attack them (i.e. the infidels) and they will not come to attack us." [https://sunnah.com/bukhari/64/153, 5:59:435] }}
On the day of Al-Ahzab (i.e. clans) the Prophet said, (After this battle) we will go to attack them (i.e. the infidels) and they will not come to attack us."}}
 
{{Quote|{{Muslim|19|4294}}|
It has been reported from Sulaiman b. Buraida through his father that when the Messenger of Allah (ﷺ) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say:
 
'''Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah.''' Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. '''When you meet your enemies who are polytheists, invite them to three courses of action.''' If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. '''Invite them to (accept) Islam'''; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of the Muhajireen and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). '''If they refuse to accept Islam, demand from them the Jizya.''' If they agree to pay, accept it from them and hold off your hands. '''If they refuse to pay the tax, seek Allah's help and fight them.''' When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated. When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.}}
 
{{Quote|{{Abu Dawud|2502}}|
Abu Hurairah reported the Prophet (ﷺ) as saying “He who dies without having fought or having felt fighting (against the infidels) to be his duty will die guilty of a kind of hypocrisy.”}}
 
{{Quote|{{Muslim|20|4718}}|
It has been narrated on the authority of Jabir b. 'Abdullah who said:
 
I heard the Messenger of Allah (ﷺ) say: A group of people from my Umma will continue to fight In defence of truth and remain triumphant until the Day of judgment.}}
 
==Not Aggressing in Jihad==
 
===Verse===
 
{{Quote|{{Quran|2|190}}|Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors.}}
 
===Scholars===
 
This is among the peaceful/defensive verses that have been [[Abrogation|abrogated]] by verses from chapter nine according to classical scholars of the abrogationist view such as the commentators of Tafsir al-Jalalayn, as discussed above.
 
{{Quote|[http://quran.com/2/190 Surat Al-Baqarah (The Cow) 2:190]<BR>Tafsir al-Jalalayn|this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:}}


==Peace Treaties==
==Peace Treaties==
===Quran===
===Quran ===


{{Quote|{{Quran|8|61}}|And if they incline to peace, then incline to it [also] and rely upon Allah. Indeed, it is He who is the Hearing, the Knowing.}}
{{Quote|{{Quran|8|61}}|And if they incline to peace, then incline to it [also] and rely upon Allah. Indeed, it is He who is the Hearing, the Knowing.}}
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[Abu 'Eisa said:] This Hadith is Hasan Sahih. }}
[Abu 'Eisa said:] This Hadith is Hasan Sahih. }}


=Scholars=
=Scholars =


<span class="plainlinks">[http://en.wikipedia.org/wiki/Al-Suyuti Imam Al-Suyuti]</span> (c. 1445-1505 AD) was a famous Egyptian writer, religious scholar, juristic expert and teacher.
<span class="plainlinks">[[w:Al-Suyuti|Imam Al-Suyuti]]</span> (c. 1445-1505 AD) was a famous Egyptian writer, religious scholar, juristic expert and teacher.


{{Quote|Suyuti, Durr al-Manthur(Beirut Edition), vol. 3, p. 228|Fight those who don't believe in God nor in the Last Day [Unless they believe in the Prophet God bless him and grant him peace] nor hold what is forbidden that which God and His emissary have forbidden [e.g., wine] nor embrace the true faith [which is firm, and abrogates other faiths, i.e., the Islamic religion] from among [for distinguishing] those who were given the Book [i.e., the Jews and Christians] unless they give the head-tax [i.e., the annual taxes imposed on them] ''(/'an yadin/)'' humbly submissive, and obedient to Islam's rule.<ref>Suyuti, ''Durr al-Manthur'' ... (Beirut, n.d.), vol. 3, p. 228, where Suyuti quotes various traditions.</ref>}}
{{Quote|Suyuti, Durr al-Manthur(Beirut Edition), vol. 3, p. 228|Fight those who don't believe in God nor in the Last Day [Unless they believe in the Prophet God bless him and grant him peace] nor hold what is forbidden that which God and His emissary have forbidden [e.g., wine] nor embrace the true faith [which is firm, and abrogates other faiths, i.e., the Islamic religion] from among [for distinguishing] those who were given the Book [i.e., the Jews and Christians] unless they give the head-tax [i.e., the annual taxes imposed on them] ''(/'an yadin/)'' humbly submissive, and obedient to Islam's rule.<ref>Suyuti, ''Durr al-Manthur'' ... (Beirut, n.d.), vol. 3, p. 228, where Suyuti quotes various traditions.</ref>}}
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"The theory that our religion is a peaceful and loving religion is a wrong theory...The Holy war as it is known in Islam is basically an offensive war, and it is the duty of all Muslims of every age, when the needed military power is available, because our prophet Muhammad said that he is ordered by Allah to fight all people until they say ‘No God but Allah,’ and he is his messenger...It is meaningless to talk about the holy war as only defensive, otherwise, what did the prophet mean when he said, "from now on even if they don’t invade you, you must invade them.""}}
"The theory that our religion is a peaceful and loving religion is a wrong theory...The Holy war as it is known in Islam is basically an offensive war, and it is the duty of all Muslims of every age, when the needed military power is available, because our prophet Muhammad said that he is ordered by Allah to fight all people until they say ‘No God but Allah,’ and he is his messenger...It is meaningless to talk about the holy war as only defensive, otherwise, what did the prophet mean when he said, "from now on even if they don’t invade you, you must invade them.""}}


Leader of the Afghan Jihad, <span class="plainlinks">[http://en.wikipedia.org/wiki/Abdullah_Yusuf_Azzam Abdullah Yusuf Azzam]
Leader of the Afghan Jihad, <span class="plainlinks">[[w:Abdullah_Yusuf_Azzam|Abdullah Yusuf Azzam]]


{{Quote|[http://www.islamicemirate.com/fiqh-jurisprudence/jihad/1544-offensive-jihad-vs-defensive-jihad.html%20IslamicEmirate.com Offensive Jihad Vs. Defensive Jihad]<BR>Sheikh Abdullah Azzam|"Jihad Against the Kuffar is of two Types:  Offensive Jihad (where the enemy is attacked in his own territory) ... [and] Defensive Jihad. This is expelling the Kuffar from our land, and it is Fard Ayn [personal religious obligation on Muslim individuals], a compulsory duty upon all ...
{{Quote|[http://www.islamicemirate.com/fiqh-jurisprudence/jihad/1544-offensive-jihad-vs-defensive-jihad.html%20IslamicEmirate.com Offensive Jihad Vs. Defensive Jihad]<BR>Sheikh Abdullah Azzam|"Jihad Against the Kuffar is of two Types:  Offensive Jihad (where the enemy is attacked in his own territory) ... [and] Defensive Jihad. This is expelling the Kuffar from our land, and it is Fard Ayn [personal religious obligation on Muslim individuals], a compulsory duty upon all ...
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...Where the Kuffar [infidels] are not gathering to fight the Muslims, the fighting becomes Fard Kifaya [religious obligation on Muslim society]  with the minimum requirement of appointing believers to guard borders, and the sending of an army at least once a year to terrorise the enemies of Allah. It is a duty of the Imam (Caliph) to assemble and send out an army unit into the land of war once or twice every year. Moreover, it is the responsibility of the Muslim population to assist him, and if he does not send an army he is in sin.- And the Ulama have mentioned that this type of jihad is for maintaining the payment of [[Jizyah|Jizya]]. The scholars of the principles of religion have also said: " Jihad is Daw'ah [Islamic preaching] with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam."<ref>Defence of the Muslim Lands: The First Obligation After Iman - Abdullah Azzam</ref>}}
...Where the Kuffar [infidels] are not gathering to fight the Muslims, the fighting becomes Fard Kifaya [religious obligation on Muslim society]  with the minimum requirement of appointing believers to guard borders, and the sending of an army at least once a year to terrorise the enemies of Allah. It is a duty of the Imam (Caliph) to assemble and send out an army unit into the land of war once or twice every year. Moreover, it is the responsibility of the Muslim population to assist him, and if he does not send an army he is in sin.- And the Ulama have mentioned that this type of jihad is for maintaining the payment of [[Jizyah|Jizya]]. The scholars of the principles of religion have also said: " Jihad is Daw'ah [Islamic preaching] with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam."<ref>Defence of the Muslim Lands: The First Obligation After Iman - Abdullah Azzam</ref>}}


<span class="plainlinks">[http://en.wikipedia.org/wiki/Taymiyyah Ibn Taymiyyah]</span> (1263 - 1328) was one of the most famous Islamic scholars and theologians to ever live. As a member of the school founded by Ibn Hanbal, he sought the return of Islam to its sources, the Qur'an and the Sunnah.
<span class="plainlinks">[[w:Taymiyyah|Ibn Taymiyyah]]</span> (1263 - 1328) was one of the most famous Islamic scholars and theologians to ever live. As a member of the school founded by Ibn Hanbal, he sought the return of Islam to its sources, the Qur'an and the Sunnah.


{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
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For further information, see: [[Qur'an,_Hadith_and_Scholars:Scholars_on_Jihad|Scholars on Jihad]]
For further information, see: [[Qur'an,_Hadith_and_Scholars:Scholars_on_Jihad|Scholars on Jihad]]


==Non-Combatants==
== Non-Combatants ==


According to the hadith, Muhammad allowed the killing of women and children during nocturnal attacks (night raids). In the Seige of taif, Muhammad reportedly used Ballistics (catapults) against the enemy. When asked about the non-combatant woman and children being killed, he said:
Some of the expeditions which Muhammad and his men reportedly undertook involved sieges against enemy strongholds (such as the siege of Taif, in which catapults were reportedly used), or night raids, either of which put at risk the lives of women and children and not just male combatants as in a pitched battle. According to the hadith, Muhammad allowed the unintentional killing of women and children during nocturnal attacks (night raids) after some were trampled by horses.


{{Quote|{{Muslim|19|4321}}, See also: {{Bukhari|4|52|256}}|"It is reported on the authority of Sa'b b. Jaththama that the Prophet of Allah (may peace be upon him), when asked about the women and children of the polytheists being killed during the night raid, said: “They are from them”." }}
{{Quote|{{Muslim|19|4321}}, See also: {{Bukhari|4|52|256}} and {{Al Tirmidhi||3|19|1570}}|It is reported on the authority of Sa'b b. Jaththama that the Prophet of Allah (may peace be upon him), when asked about the women and children of the polytheists being killed during the night raid, said: “They are from them”.}}


Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-indiscriminate killings.<ref>[http://books.google.co.uk/books?id=WC_2AtmBOpEC&printsec=frontcover&source=gbs_v2_summary_r&cad=0#v=onepage&q&f=false Jihad in classical and Modern Islam, Rudolph Peters, Pg.179]</ref> Muslim cleric Omar Bakri Mohammed also referred to this hadith to justify why killing women and children is Islamic.<ref>[http://video.google.com/videoplay?docid=5532956235787015675# Islam - A mufti explains, why Muhammad killed Women and Children]</ref>
The Saudi scholar, Sheikh Al Shuaybi (d. 2001) said that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-indiscriminate killings.<ref>[http://books.google.co.uk/books?id=WC_2AtmBOpEC&printsec=frontcover&source=gbs_v2_summary_r&cad=0#v=onepage&q&f=false Jihad in classical and Modern Islam, Rudolph Peters, Pg.179]</ref> Another notorious cleric with similar views, Omar Bakri Mohammed also referred to this hadith to justify why killing women and children is Islamic.<ref>[http://video.google.com/videoplay?docid=5532956235787015675# Islam - A mufti explains, why Muhammad killed Women and Children]</ref>


It is true that in other hadith, Muhammad forbade intentionally targeting woman and children. However, some scholars have come to the conclusion that this was not because they were non-combatants, but because it is better to take them for slavery or exchange them for Muslim prisoners. As Muhammad took the Jewish woman and children of Banu Qurayza for slavery.
On the other hand, in another hadith (see the section above on [[Qur'an,_Hadith_and_Scholars:Offensive_Jihad#Women_and_Children|women and children]]), Muhammad disapproved of deliberately targeting women and children ({{Bukhari|4|52|257}}), and by consensus in Islamic law this is forbidden. Nevertheless, some scholars have come to the conclusion that this was not because they were non-combatants, but because it is better to take them for slavery or exchange them for Muslim prisoners. Muhammad took the Jewish woman and children of Banu Qurayza for slavery according to tradition.


{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
the Ruler and his Flock’|Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute "'''property for Muslims'''".<ref name="ibn Taymiyyah"></ref>}}
the Ruler and his Flock’|Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute "'''property for Muslims'''".<ref name="ibn Taymiyyah"></ref>}}


===Scholars===
In some modern contexts even more exteme views can be found among Salafi-Jihadists (though criticised by many other Muslim scholars). The following Q&A with a Lebanese Islamic scholar and Muslim Brotherhood associate is taken from the Arabic section of Islam Online.
 
'''"Is it permissible to kill civilians in Israel through martyrdom operations which are carried out by Palestinians in defense of their land?"'''
 
{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-Arabic-Ask_Scholar/FatwaA/FatwaA&cid=1122528609048 Jews have killed civilians in the martyrdom operations in Palestine]<BR>Sheikh Faisal Mawlawi, Islam Online, January 23, 2002|2=
The Jews living inside the occupied territory and those who carry Israeli citizenship are all participants in the aggression against us, and it is our right to combat all of them."
 
Adding on "…the Prophet (PBUH) was killed by a Jewish woman from the Bani Qurayzah (a Jewish tribe from Medina). Since she was killed by a Muslim man, it became a rule that it was permissible to kill all the killers among the Jewish women in our country of Palestine, without hesitation."}}
===Islamic law regarding non-combatants===
 
The different schools of jurisprudence agreed that it was forbidden to kill various classes of non-combatants such as women and children, though Shafi'i alone among the major legal school founders was of the opinion that certain other categories of persons could be killed.


<span class="plainlinks">[http://en.wikipedia.org/wiki/Al-Ghazali Al-Ghazali]</span> (1058-1111) was a Persian jurist who contributed significantly to the development of Sufism and is one of the most celebrated scholars in the history of Islamic thought.
The state of agreement and disagreement was summarised in ''Bidayat al-Mujtahid'' (which has been translated under the English title ''The Distinguished Jurist's Primer'') by Ibn Rushd (d. 1198 CE; known in Europe as Averroes):


{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, '''even if among them are women and children'''. One may set fire to them and/or drown them. ... If a person of the ''ahl al-kitab'' [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...<BR><BR><ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}
{{Quote|1=[https://archive.org/details/BidayatAl-mujtahidTheDistinguishedJuristsPrimer/page/n439/mode/2up ''The Distinguished Jurist's Primer''] by Ibn Rashd (transl. Imran Ahsan Khan Nyazee) pp. 458-460|2=The harm aimed at life is by killing, and there is no disagreement among the Muslim jurists that it is permitted in war to slay the male polythests, who have attained puberty and are waging war. There is, however, disagreement about execution after captivity, as we have already discussed. Similarly, there is no dispute among them that it is not permitted to slay minors or women, as long as they are not waging war. If a woman fights the shedding of her blood becomes permissible. This was established as "the Propet (God's peace and blessings be upon him) prohibited the killing of women and children, and said when he saw a slain woman, 'She was not one who would have engaged in fighting'".<BR/>
They disagreed about the case of hermits cut off from the world, the blind, the chronically ill, the old who cannot fight, the idiot, and the peasants and serfs. Malik said neither the blind nor idiots nor hermits are to be slain, and enough of their wealth is to be left to them by which they may suvive. Similarly, the old and decrepit are not to be slain, in his view, and this was also the view of Abu Hanifa and his disciples. Al-Thawri and al-Awza'i said that only the old are to be spared. Al-Awza'i added that the peasants are not to be slain either. According to al-Shafi'i's most authentic opinion, all of these categories (of people) are to be put to death. The basis for their disagreement stems from the conflict of the specificity in some traditons with general implication of (some verses of) the Qur'an, and also the generality of the authentic saying of the Prophet (God's peace and blessings be upon him), "I have been commanded to fight mankind until they say, 'There is no God but Allah.'" The words of the Exalted, "Then, when the sacred months have passed, slay the idolaters wherever ye find them", imply the slaynig of every nonbeliever whether or not he is a monk, and so does the saying of the Prophet (God's peace and blessings be upon him), "I have been commanded to fight mankind until they say, 'There is no God but Allah'".</BR>
The traditions laid down about the sparing of all these categories include the traditions related by Dawud Ibn al-Husayn from 'Ikrimah from Ibn 'Abbas "that the Prophet (God's peace and blessings be upon him) used to say while sending out his armies, 'Do not kill hermits'". There is also athe tradition related from Anas Ibn Malik from the Prophet (God's peace and blessings be upon him), "Do not slay the old and decrepit nor young children no women, and do not purloin [the booty]". It is recorded by Abu Dawud. There is also among these the traditon related by Malik from Abu Bakr that he said, "You will come acrosss a people who will claim that they have devoted themselves to Allah, so leave them and that to which they have devoted themselves", and it includes the words, "Never kill women, children, and the old weakened with age".<BR />
It appears that the chief source of disagreement in this issue springs from the apparent conflict between the words of the Exalted, "Fight in the way of Allah aginst those who fight you, but begin not hostilities. Lo, Allah loveth not aggressors", and His words, "Then when the sacred months have passed, slay the idolaters wherever ye find them". Those who held that the latter verse was abrogated the (meaning of the) words "Fight in the way of Allah those who fight you", as fighting is prescribed primarily against those who fight, said that the latter verse stands unrestricted upon its generality. On the other hand, those who maintained that the former verse is the governing verse, and that it includes all categories not involved in fighting, exempted if from the generality of the latter (in other words restricted the latter to those who do or can provide hostility, thus excluding children, old and decrepit etc).<BR />
[...]<BR />
The reason leading to their disagreement, on the whole, arises from their dispute about the effective underlying cause of slaying. Thus, those who maintained that the effective underlying cause for this is disbelief (''Kufr''), did not exempt anyone out of the polytheists, while those who maintained that the underying cause in it is the ability to fight, there being a prohibition about the killing of women though they be non-believers, exempted those who do not have the ability to wage war, or those who have not affiliated themselves with it, like the peasants and the serfs.}}


<span class="plainlinks">[http://en.wikipedia.org/wiki/Averroes Ibn Rushd (Averroes)]</span> (1126 - 1198) was a famous Andalusian-Arab master of Islamic law, philosopher, physician and mathematician.
''Al-Hidayah'', a famous manual of Hanfafi fiqh (jurisprudence) states the following:


{{Quote|Ibn Rushd, Bidayat al-Mudjtahid| As regards injury to the person, that is, the slaying of the enemy, '''the Moslems agree that in times of war, all adult, able bodied, unbelieving males may be slain'''. ...<BR> There is controversy about the question whether it is allowed to slay hermits who have retired from the world, the blind, the chronically ill and the insane, those who are old and unable to fight any longer, peasants, and <ref>Excerpted from ''Bidayat al-Mudjtahid'', in Rudolph Peters, ''Jihad in Medieval and Modern Islam: The Chapters on Jihad from Averroes' Legal Handbook "Bidayat al-mudjtahid,''" trans. and annotated by Rudolph Peters (Leiden: Brill, 1977), pp. 9-25.</ref>}}
{{Quote|[https://archive.org/details/Hedaya_201703/page/n501/mode/2up Al-Hidayah Vol. 2 p. 293 translated by Imran Ahsan Khan Nyazee]|A woman, minor, enfeebled old man, an invalid, and a blind man are not to be killed. The reason is that permitted killing is of those persons who are capabable of hostility, and this is not realised in the case of these persons. It is for this reason that they are not killed a paralysed person, one whose right hand has been amputated, and one whose hand and leg of the opposite sides are cut. Al-Shafi'i (God bless him) goes against our opinion in the case of the enfeebled old man, the invalid, and the blind. The reason is that permitted killing in his view is based upon unbelief, but the evidence against him is what we have elaborated.}}


The following Q&A is taken from the Arabic section of Islam Online.
The views of the Shafi'i school were detailed in the famous compendium of Shafi'i fiqh (jurisprudence), ''The Reliance of the Traveller'':


'''"Is it permissible to kill civilians in Israel through martyrdom operations which are carried out by Palestinians in defense of their land?"'''
{{Quote|Reliance of the Traveller o9.10 translated by Nuh Ha Mim Keller|o9.10 It is not permissible (A: in jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims, or if killing them will help defeat the enemy. It is permissible to kill old men (O: old man (shaykh meaning someone more than forty years of age) and monks.}}


{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-Arabic-Ask_Scholar/FatwaA/FatwaA&cid=1122528609048 Jews have killed civilians in the martyrdom operations in Palestine]<BR>Sheikh Faisal Mawlawi, Islam Online, January 23, 2002|2=
<span class="plainlinks">[[w:Al-Ghazali|Al-Ghazali]]</span> (1058-1111) was a Persian jurist who contributed significantly to the development of Sufism and is one of the most celebrated scholars in the history of Islamic thought. He followed the Shafi'i madhab (legal school) for most of his life.
The Jews living inside the occupied territory and those who carry Israeli citizenship are all participants in the aggression against us, and it is our right to combat all of them."


Adding on "…the Prophet (PBUH) was killed by a Jewish woman from the Bani Qurayzah (a Jewish tribe from Medina). Since she was killed by a Muslim man, it became a rule that it was permissible to kill all the killers among the Jewish women in our country of Palestine, without hesitation."}}
{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, even if among them are women and children. One may set fire to them and/or drown them. ... If a person of the ''ahl al-kitab'' [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...<BR><BR><ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}}


===Qur'an - Fitnah is Worse Than Killing===
===Qur'an - Fitnah is Worse Than Killing ===


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'''Verse 2:217'''
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