2,743
edits
Jihad in Islamic Law: Difference between revisions
no edit summary
| [checked revision] | [checked revision] |
Lightyears (talk | contribs) mNo edit summary |
Lightyears (talk | contribs) No edit summary |
||
| Line 4: | Line 4: | ||
Jews and Christians were required to pay the ''jizyah'' while pagans were required to either accept Islam or die.<ref>{{cite web |title=Islam |url=https://www.britannica.com/topic/Islam |work=Encyclopedia Britannica |location=New York |date=17 August 2021|access-date=12 January 2022}}</ref> Upon payment of the tax (''jizya''), the ''dhimmi'' would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam - failure to produce an up-to-date ''jizya'' receipt on the request of a Muslim could result in death or forced conversion to Islam of the ''dhimmi'' in question<ref>{{cite book|last1=Yeʼor|first1=B|title=The decline of Eastern Christianity under Islam|date=2011|publisher=Madison, NJ: Fairleigh Dickinson University Press|page=79}}</ref>. | Jews and Christians were required to pay the ''jizyah'' while pagans were required to either accept Islam or die.<ref>{{cite web |title=Islam |url=https://www.britannica.com/topic/Islam |work=Encyclopedia Britannica |location=New York |date=17 August 2021|access-date=12 January 2022}}</ref> Upon payment of the tax (''jizya''), the ''dhimmi'' would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam - failure to produce an up-to-date ''jizya'' receipt on the request of a Muslim could result in death or forced conversion to Islam of the ''dhimmi'' in question<ref>{{cite book|last1=Yeʼor|first1=B|title=The decline of Eastern Christianity under Islam|date=2011|publisher=Madison, NJ: Fairleigh Dickinson University Press|page=79}}</ref>. | ||
Scholars from as early as the | Scholars from as early as the Umayyad period interpreted the Quran as legitimising expansionist warfare. Modernist scholars emphasise the hostile environment in which the verses were revealed and dispute the traditonal interpretations, including their extensive use of the doctine of [[Naskh_(Abrogation)|abrogation]]. | ||
==Jihad in the Qur'an and Sunnah== | ==Jihad in the Qur'an and Sunnah== | ||
| Line 12: | Line 12: | ||
Many modern academic scholars are influenced by the traditional evolutionary model regarding permission to fight, though other academics, as well as modernist Muslim scholars (from as early as the 19th century) and increasingly, Muslims scholars more widely are emphasising the Quran as the primary historical source for this period, which later historical material should be interpreted in light of rather than the other way around. | Many modern academic scholars are influenced by the traditional evolutionary model regarding permission to fight, though other academics, as well as modernist Muslim scholars (from as early as the 19th century) and increasingly, Muslims scholars more widely are emphasising the Quran as the primary historical source for this period, which later historical material should be interpreted in light of rather than the other way around. | ||
According to Patricia Crone, modernist muslim scholars cast the conflicts fought by Muhammad as "defensive or pre-emptive", as did some earlier scholars such as Ibn Taymiyyah.<ref>https://www.ias.edu/sites/default/files/hs/Crone_Articles/Crone_la_ikraha.pdf | According to Patricia Crone, modernist muslim scholars cast the conflicts fought by Muhammad as "defensive or pre-emptive", as did some earlier scholars such as Ibn Taymiyyah.<ref>See page 159 in Patricia Crone, [https://www.ias.edu/sites/default/files/hs/Crone_Articles/Crone_la_ikraha.pdf ''No Compulsion in Religion: Q 2:256 in Mediaeval and Modern Interpretation''] In Le Shi’isme Imamite Quarante ans apres: Hommage ‘a Etan Kohlberg. Edited by Mohammad Ali Amir-Moezzi, Meir M. Bar-Asher and Simon Hopkins. Turnhout: Brepols Publishers, 2009, pp. 131–78</ref> These modernist Muslim scholars do not regard the Quran as anywhere giving a general dispensation for expansive warfare, which like some academic scholars, they argue was a later reinterpretation to legitimise the emerging Arab empire. | ||
In her article "War" for the Encyclopedia of the Quran, Crone says fighting is legitimised in the Quran for self defence, including pre-emptively ({{Quran|9|8}} and {{Quran|60|2}}), as well as for the defence of others ({{Quran|4|75}}) and against treaty breakers ({{Quran-range|9|13|14}}). She says that throughout the Quran it is stressed that fighting must stop when the enemy does so and the language of forgiveness is reiterated amidst the often militant language. To Crone, the only verse which seems to endorse aggressive warfare is {{Quran|9|29}}, though this perhaps can be read as a continuation of {{Quran-range|9|1|23}} concerning the treaty breakers.<ref name="CroneWarSummary">A brief summary of Crone's Encyclopedia of the Quran article can be seen[https://www.google.co.uk/books/edition/Islamic_International_Law_and_Jihad_War/YgazDwAAQBAJ?hl=en&gbpv=1&pg=PA22&printsec=frontcover here]</ref> | In her article "War" for the Encyclopedia of the Quran, Crone says fighting is legitimised in the Quran for self defence, including pre-emptively ({{Quran|9|8}} and {{Quran|60|2}}), as well as for the defence of others ({{Quran|4|75}}) and against treaty breakers ({{Quran-range|9|13|14}}). She says that throughout the Quran it is stressed that fighting must stop when the enemy does so and the language of forgiveness is reiterated amidst the often militant language. To Crone, the only verse which seems to endorse aggressive warfare is {{Quran|9|29}}, though this perhaps can be read as a continuation of {{Quran-range|9|1|23}} concerning the treaty breakers.<ref name="CroneWarSummary">A brief summary of Crone's Encyclopedia of the Quran article can be seen[https://www.google.co.uk/books/edition/Islamic_International_Law_and_Jihad_War/YgazDwAAQBAJ?hl=en&gbpv=1&pg=PA22&printsec=frontcover here]</ref> | ||
| Line 58: | Line 58: | ||
====Non-aggression / defensive principle==== | ====Non-aggression / defensive principle==== | ||
Khalil highlights Q 22:39-40 and Q 4:75 as early Medinan verses calling for fighting in self defence and the defence of others.<ref>M. H. Khalil, ''Jihad'' p. 9</ref> According to the traditional exegesis of the Qur'an in Sunni Islam, the first verse | Khalil highlights Q 22:39-40 and Q 4:75 as early Medinan verses calling for fighting in self defence and the defence of others.<ref>M. H. Khalil, ''Jihad'' p. 9</ref> According to the traditional exegesis of the Qur'an in Sunni Islam, the first verse revealed to Muhammad about fighting was Q 22:39. In Q 22:40 even synagogues and churches as considered worthy of defence. | ||
{{Quote|{{Quran-range|22|39|40}}|Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory.<BR /> | {{Quote|{{Quran-range|22|39|40}}|Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory.<BR /> | ||
| Line 67: | Line 67: | ||
In line with this general principle, a number of verses state that fighting must stop if the enemy does so. Such verses include those discussed in this article ({{Quran|2|193}}, {{Quran|4|90}}, {{Quran|8|39}}, {{Quran|9|3}}). | In line with this general principle, a number of verses state that fighting must stop if the enemy does so. Such verses include those discussed in this article ({{Quran|2|193}}, {{Quran|4|90}}, {{Quran|8|39}}, {{Quran|9|3}}). | ||
Perhaps in slight tension with the principle is {{Quran|47|35}}. Surah 47 dates to soon after the migration from Mecca (verse 13 refers to the believers being driven out) and the first fighting verses had been revealed ( | Perhaps in slight tension with the principle is {{Quran|47|35}}. Surah 47 dates to soon after the migration from Mecca (verse 13 refers to the believers being driven out) and the first fighting verses had already been revealed (alluded to in verses 20-21). Verse 35 says, "So do not weaken and call for peace while you are superior; and Allah is with you and will never deprive you of [the reward of] your deeds." The surrounding verses are concerned with those who have reverted to disbelief and those who do not want to spend in the cause of Allah. A noteworthy verse on the conduct of war occurs in the same surah, {{Quran|47|4}}, which states that captives should be freed or ransomed until the war lays down its burdens. | ||
====Proportionate retaliation principle==== | ====Proportionate retaliation principle==== | ||
| Line 91: | Line 91: | ||
The same language (capture them and kill them wherever you find them) is directed at the hypocrites in {{Quran-range|4|88|90}}, with reprieve for those who do not want to fight the believers or who flee to a place where they are protected by treaty. Unlike in Q 9:5, they do not need to convert to Islam, which is a condition not present in earlier fighting verses. A similar phrase appears also in Q 2:191, discussed above (in that passage emnity is only against oppressors - Q 2:193). In the early part of surah 9, patience has run out for those proven untrustworthy to abide by their treaties. They must repent and join the religion (or perhaps just just observe prayer and zakat<ref>[https://www.youtube.com/watch?v=9l_9WwaoDYQ Jihad, War and Peace in Islam by Dr. Javad Hashmi (Part 1)] - Youtube.com, April 2020 (see 2 hours 35 minutes)</ref>), individually seek protection, or die. | The same language (capture them and kill them wherever you find them) is directed at the hypocrites in {{Quran-range|4|88|90}}, with reprieve for those who do not want to fight the believers or who flee to a place where they are protected by treaty. Unlike in Q 9:5, they do not need to convert to Islam, which is a condition not present in earlier fighting verses. A similar phrase appears also in Q 2:191, discussed above (in that passage emnity is only against oppressors - Q 2:193). In the early part of surah 9, patience has run out for those proven untrustworthy to abide by their treaties. They must repent and join the religion (or perhaps just just observe prayer and zakat<ref>[https://www.youtube.com/watch?v=9l_9WwaoDYQ Jihad, War and Peace in Islam by Dr. Javad Hashmi (Part 1)] - Youtube.com, April 2020 (see 2 hours 35 minutes)</ref>), individually seek protection, or die. | ||
Khalil writes that Q 9:5 was interpreted by scholars in the | Khalil writes that Q 9:5 was interpreted by scholars in the Umayyad and Abbasid imperial centres as abrogating certain earlier verses and opening the door for expansionst warfare against pagans, not just the treaty breakers who are explicitly the target of the verse. In contrast, scholars who did not live near these centres or lived at later times did not hold such a view and had a far more conservative opinion on abrogation generally.<ref>M. H. Khalil, ''Jihad'' p. 13</ref> A minority extreme view was that "all" peaceful passages were abrogated.<ref>M. H. Khalil, ''Jihad'' p. 16</ref> See also the introductory discussion in [[List of Abrogations in the Qur'an]]. | ||
Examples of later scholars who held the abrogationist-expansionist view are Ibn Kathir and al-Qurtubi: | Examples of later scholars who held the abrogationist-expansionist view are Ibn Kathir and al-Qurtubi: | ||
| Line 115: | Line 115: | ||
{{Quote|{{Quran|9|29}}|Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.}} | {{Quote|{{Quran|9|29}}|Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.}} | ||
{{Quran-range|9|30|35}} continues the theme against the Jews and Christians in vitriolic fashion regarding their theology, and condemns the greed of their scholars and monks, though does not allege physical aggression (v. 32 states that "They want to extinguish the light of Allah with their mouths [...]"). | {{Quran-range|9|30|35}} continues the theme against the Jews and Christians in vitriolic fashion regarding their theology, and condemns the greed of their scholars and monks, though does not allege physical aggression from them (v. 32 states that "They want to extinguish the light of Allah with their mouths [...]"). | ||
{{Quran-range|9|36|37}} returns focus to fighting the mushrikeen treaty breakers. Modernists would observe here the defensive and equal retaliation principles. | {{Quran-range|9|36|37}} returns focus to fighting the mushrikeen treaty breakers. Modernists would observe here the defensive and equal retaliation principles. | ||
| Line 127: | Line 127: | ||
}} | }} | ||
{{Quote|{{Quran|9|123}}| | {{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.}} | ||
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. | ||
| Line 164: | Line 163: | ||
For this and other reasons, Islamic modernist scholars urge intense skepticism of the aggressive / expansionist expeditions attributed to Muhammad and his companions in this literature (though it may be questionable to what extent this stretches credulity too far the other way). Preference is given to the letters of 'Urwa b. Zubayr (Aisha's nephew), which were in answer to historical queries from the early Umayyad court. | For this and other reasons, Islamic modernist scholars urge intense skepticism of the aggressive / expansionist expeditions attributed to Muhammad and his companions in this literature (though it may be questionable to what extent this stretches credulity too far the other way). Preference is given to the letters of 'Urwa b. Zubayr (Aisha's nephew), which were in answer to historical queries from the early Umayyad court. | ||
The letters of 'Urwa are free from miraculous or other embellishments seen in later sources, and are taken to be an important early source on Muhammad by academic scholars like Sean Anthony, who translates them in full in ''Muhammad and the Empires of Faith''. The letters broadly come in two recensions (preserved in the work of al-Tabari and some narratives also in other sources). Goerke, Motzki, Schoeler have robustly defended the authenticity of the letters of 'Urwa as probably in some way originating from him, arguing that several traditions can convincingly be traced back to 'Urwa.<ref>See in particular pp. 16-21 of Goerke, A, Motzki, H & Schoeler, G (2012) [https://www.pure.ed.ac.uk/ws/portalfiles/portal/12692843/First_Century_Sources_for_the_Life_of_Muhammad_a_debate.pdf First-Century Sources for the Life of Muhammad? A Debate], Der Islam, vol. 89, no. 2, pp. 2-59. https://doi.org/10.1515/islam-2012-0002</ref> | The letters of 'Urwa are free from miraculous or other embellishments seen in later sources, and are taken to be an important early source on Muhammad by academic scholars like Sean Anthony, who translates them in full in ''Muhammad and the Empires of Faith''. The letters broadly come in two recensions (preserved in the work of al-Tabari and some narratives also in other sources). Goerke, Motzki, and Schoeler have robustly defended the authenticity of the letters of 'Urwa as probably in some way originating from him, arguing that several traditions can convincingly be traced back to 'Urwa.<ref>See in particular pp. 16-21 of Goerke, A, Motzki, H & Schoeler, G (2012) [https://www.pure.ed.ac.uk/ws/portalfiles/portal/12692843/First_Century_Sources_for_the_Life_of_Muhammad_a_debate.pdf First-Century Sources for the Life of Muhammad? A Debate], Der Islam, vol. 89, no. 2, pp. 2-59. https://doi.org/10.1515/islam-2012-0002</ref> | ||
'Urwa's first letter describes the persecution of Muhammad and his early followers, forcing some of them to flee to Abyssinia and later to Medina. His second letter concerns the battle of Badr. It mentions that the first war with the Quraysh was triggered by a party, some of whom were companions sent by Muhammad, which conducted a raid on the Quraysh at Nakhlah (later biographies portray Muhammad as just sending them on an observational mission, but that the companions decided to raid the caravan in controversial circumstances). The letter recounts that Muhammad later decided to raid Abu Sufyan and a small number of Quraysh on their return from a trading expedition in Syria. The latter were able to call reinforcements by the time they encountered Muhammad and his forces at Badr, but were nevertheless defeated. Badr was the first of nine major battles or seiges fought by Muhammad based on other early sources. | 'Urwa's first letter describes the persecution of Muhammad and his early followers, forcing some of them to flee to Abyssinia and later to Medina. His second letter concerns the battle of Badr. It mentions that the first war with the Quraysh was triggered by a party, some of whom were companions sent by Muhammad, which conducted a raid on the Quraysh at Nakhlah (later biographies portray Muhammad as just sending them on an observational mission, but that the companions decided to raid the caravan in controversial circumstances). The letter recounts that Muhammad later decided to raid Abu Sufyan and a small number of Quraysh on their return from a trading expedition in Syria. The latter were able to call reinforcements by the time they encountered Muhammad and his forces at Badr, but were nevertheless defeated. Badr was the first of nine major battles or seiges fought by Muhammad based on other early sources. | ||