Jihad in Islamic Law: Difference between revisions

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(Building out the Quran section with academic sources, including how these relate to the sira-maghazi literature)
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====Early fighting verses====
====Early fighting verses====
There was a consensus among commentators that {{Quran|2|217}} was revealed following a caravan raid which was controversial in terms of whether or not the sacred months in which fighting was prohibited had finished.<ref>Reuven Firestone, ''Jihad'' Firestone p. 57</ref> This raid was the first expedition mentioned by 'Urwa' b. Zubayr in his letters about the early history of Islam. These letters are regarded as an important early source and the relevant letters are summarised in a later section in this article. In that verse, the Quran justifies killing in the sacred months in the context of the "fitna" (oppression) and forced migration of the believers to Medina.
There was a consensus among commentators that {{Quran|2|217}} was revealed following a caravan raid which was controversial in terms of whether or not the sacred months in which fighting was prohibited had finished.<ref>Reuven Firestone, ''Jihad'' p. 57</ref> This raid was the first expedition mentioned by 'Urwa' b. Zubayr in his letters about the early history of Islam. These letters are regarded as an important early source and the relevant letters are summarised in a later section in this article. In that verse, the Quran justifies killing in the sacred months in the context of the "fitna" (oppression) and forced migration of the believers to Medina.


There was considerable discussion about the scope of the obligation to fight mentioned in the previous verse, Q 2:216, especially on whether it was a collective obligation (fard kifiya) that could be met by just a group of believers without involving everyone. In this regard, {{Quran|9|122}} was also a key verse ("And the believers should not all go out to fight [...]").<ref>Reuven Firestone, ''Jihad'' pp. 60-61</ref>
There was considerable discussion about the scope of the obligation to fight mentioned in the previous verse, Q 2:216, especially on whether it was a collective obligation (fard kifiya) that could be met by just a group of believers without involving everyone. In this regard, {{Quran|9|122}} was also a key verse ("And the believers should not all go out to fight [...]").<ref>Reuven Firestone, ''Jihad'' pp. 60-61</ref>
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I have been commanded to fight against people so long as they do not declare that there is no god but Allah, and he who professed it was guaranteed the protection of his property and life on my behalf except for the right affairs rest with Allah.}}
I have been commanded to fight against people so long as they do not declare that there is no god but Allah, and he who professed it was guaranteed the protection of his property and life on my behalf except for the right affairs rest with Allah.}}


Hashmi argues that "religion is for Allah" in 2:193 and "religion is all for Allah" in Q 8:39 should be understood not in a religious hegemonic sense, but rather in terms of the oppressed believers (hence, "fitna") not being forced to include pagan gods alongside their worship of Allah. His interpretation is one also mentioned by al-Tabari and Ibn Ishaq. The preceding verses, Q 8:34-38 arguably support this view better than they do the traditional interpretation. <ref name="HashmiPart12hr14to22" /> In further support of his interpretation, Hashmi has also argued that wiping out pagan religion would not have been a viable goal at that early, post-migration time period. It may similarly be worth noting that the second of 'Urwa b. Zubayr's letters states that Q 8:39 was revealed before Muhammad called the remaining Muslims in Mecca to migrate.<ref>Quote the letter from Sean Anthony or the al-Tabari and fight them quote from QHS Muhammad and jihad</ref>
Hashmi argues that "religion is for Allah" in 2:193 and "religion is all for Allah" in Q 8:39 should be understood not in a religious hegemonic sense, but rather in terms of the oppressed believers (hence, "fitna") not being forced to include pagan gods alongside their worship of Allah. His interpretation is one also mentioned by al-Tabari and Ibn Ishaq. The preceding verses, Q 8:34-38 arguably support this view better than they do the traditional interpretation. <ref name="HashmiPart12hr14to22" /> In further support of his interpretation, Hashmi has also argued that wiping out pagan religion would not have been a viable goal at that early, post-migration time period. It may similarly be worth noting that the second of 'Urwa b. Zubayr's letters states that Q 8:39 was revealed before Muhammad called the remaining Muslims in Mecca to migrate.


{{Quote|{{Quran-range|8|34|39}}|34 But why should Allah not punish them while they obstruct [people] from al-Masjid al- Haram and they were not [fit to be] its guardians? Its [true] guardians are not but the righteous, but most of them do not know.<BR />
{{Quote|{{Quran-range|8|34|39}}|34 But why should Allah not punish them while they obstruct [people] from al-Masjid al- Haram and they were not [fit to be] its guardians? Its [true] guardians are not but the righteous, but most of them do not know.<BR />
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"Fight the unbelievers" meaning: a general decree concerning every mushrik (polytheist). But the Sunnah has narrowed its application in the declaration of surat-al-baqarah (surah 2) verse 3, excluding women, monks, children and other (non-combatants)......"Wherever you find them" meaning: a general decree for all places}}
"Fight the unbelievers" meaning: a general decree concerning every mushrik (polytheist). But the Sunnah has narrowed its application in the declaration of surat-al-baqarah (surah 2) verse 3, excluding women, monks, children and other (non-combatants)......"Wherever you find them" meaning: a general decree for all places}}


Another verse, Q 9:29, was associated with the expedition to face the Byzantines in northern Arabia at Tabuk in 630 CE.<ref>Reuven Firestone, ''Jihad'' p. 64</ref> Tabuk is not mentioned in the letters of 'Urwa (discussed below), though later traditional sources claim there were rumours that the Romans (Byzantines) were going to invade. There are possibly some problems with the chronology of this expedition and the battle of Mu'tah in Jordan against the Byzantines and their Ghassanid vassals in 629 CE.<ref>See this [[https://twitter.com/ShahanSean/status/1388882455738920971 Twitter discussion]] (2 May 2021) between Sean Anthony and Juan Cole</ref>
Another verse, Q 9:29, was associated with the expedition to face the Byzantines in northern Arabia at Tabuk in 630 CE.<ref>Reuven Firestone, ''Jihad'' p. 64</ref> Tabuk is not mentioned in the letters of 'Urwa (discussed below), though later traditional sources claim there were rumours that the Romans (Byzantines) were going to invade. There are possibly some problems with the chronology of this expedition and the battle of Mu'tah in Jordan against the Byzantines and their Ghassanid vassals in 629 CE.<ref>See this [https://twitter.com/ShahanSean/status/1388882455738920971 Twitter discussion] (2 May 2021) between Sean Anthony and Juan Cole</ref>


This verse also became the basis of the [[Dhimma]] and the tax of the [[Jizyah]], the systems of financial and social apartheid to be instituted against Jews and Christians (and also Zoroastrians) in order to secure the supremacy of Islam in the [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Harb]]
This verse also became the basis of the [[Dhimma]] and the tax of the [[Jizyah]], the systems of financial and social apartheid to be instituted against Jews and Christians (and also Zoroastrians) in order to secure the supremacy of Islam in the [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Harb]]
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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.}}
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.}}


Surah 5, al Maidah, traditionally (and from internal evidence, according to Hashmi) was revealed after the conquest of Mecca. Hashmi points out that here we still see warnings to not aggress and to be just towards those who had previously driven the believers out ({{Quran|5|2}} and {{Quran|5|8}}).<ref>https://www.youtube.com/watch?v=Iqggj8zcips Jihad, War and Peace in Islam by Dr. Javad Hashmi (Part 2)] - Youtube.com, April 2020 (see 2 hours 14 minutes)</ref> The surah contains nothing about fighting, though generally is very critical of most Jews and Christians.
Surah 5, al Maidah, traditionally (and from internal evidence, according to Hashmi) was revealed after the conquest of Mecca. Hashmi points out that here we still see warnings to not aggress and to be just towards those who had previously driven the believers out ({{Quran|5|2}} and {{Quran|5|8}}).<ref>[https://www.youtube.com/watch?v=Iqggj8zcips Jihad, War and Peace in Islam by Dr. Javad Hashmi (Part 2)] - Youtube.com, April 2020 (see 2 hours 14 minutes)</ref> The surah contains nothing about fighting, though generally is very critical of most Jews and Christians.


====The spoils of war====
====The spoils of war====
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