Jihad in Islamic Law

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Jihad جهاد in Arabic literally means "struggle" coming from the Arabic verb جاهد jaahada meaning to "strive." Jihad fi sabil Allah جهاد في سبيل الله is thus literally "struggle/striving on the path of god." Historically, the use of the word jihad has been very wide semantically, with applications from war to spiritual discipline to reform and many, many things in between. Despite these wide and varied applications, though, the main meaning of jihad in Islamic law from the origins of the religion to the classic period to the present day continues to be armed struggle, either to expand the realm of Islamic political dominance or to defend Islamic lands from infidels, with the expansion of Islamic political dominance being part-and-parcel to a social and political system which advances the interest of the Muslim religion and induces the peoples conquered in this warfare to convert to Islam. This socio-political system, that of the dhimma, is intimately connected to the institution of "jihad at-talab" جهاد الطلب the "jihad of request" involving the three-option offer that an Islamic force must make before commencing hostilities against an infidel enemy: 1. Conversion to Islam. 2. Payment of the jizyah and subjection to Islamic political dominion and the strictures of the dhimma. 3. Fighting until death.

Offensive Jihad

According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.[1]

Favoring War

Verse

But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in Allah: for He is One that heareth and knoweth (all things).
Quran 8:61

Meaning

In both the Tafsir Ibn Abbas and Tafsir al-Jalalayn, it states that according to Ibn ‘Abbās (Muhammad's Cousin and a specialist of Quranic interpretation, as appointed by Muhammad) verse 8:61 has been replaced (abrogated) by another well known verse.

‘This has been abrogated by the “sword verse” [Q. 9:5]’
Surat Al-'Anfāl (The Spoils of War) 8:61
Tafsir al-Jalalayn

And here is that verse in full.

But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, an seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is Oft-forgiving, Most Merciful.
Quran 9:5

Notice that it says "if they repent, and establish regular prayers and practise regular charity, then open the way for them". The way in which a non-believer can repent and establish regular prayers, is by converting to Islam. Muhammad further said, fighting must go on even after fighting stops.

(Until the war lays down its burden.) Mujahid said: "Until `Isa bin Maryam (peace be upon him) descends. It seems as if he derived this opinion from the Prophet's saying, There will always be a group of my Ummah victorious upon the truth, until the last of them fight against Ad-Dajjal.) Imam Ahmad recorded from Jubayr bin Nufayr who reported from Salamah bin Nufayl that he went to the Messenger of Allah and said, "I have let my horse go, and thrown down my weapon, for the war has ended. There is no more fighting. Then the Prophet said to him, Now the time of fighting has come. There will always be a group of my Ummah dominant over others. Allah will turn the hearts of some people away (from the truth), so they (that group) will fight against them
The Command to strike the Enemies' Necks
Tafsir Ibn Kathir

Scholars

Abdullah Yusuf Azzam

"Jihad and the rifle alone. NO negotiations, NO conferences and NO dialogue."
Join The Caravan, p.9
Imam Abdullah Azzam
"So, if the fighting stops, the disbelievers will dominate, and fitnah, which is Shirk (polytheism), will spread."
Join The Caravan, p.20
Imam Abdullah Azzam

Ibn Taymiyyah

"It is the consensus of the scholars of this Ummah that if part of the religion is Allah's and other part is not, fighting must go on until the entire religion is Allah's".[2]
Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’

Suicide Bombing

Main Article: Shaheed (Martyr)

While some are against it, many scholars such as Yusuf al-Qaradawi and Zakir Naik claim suicide bombing is permitted in Islam. Click here to watch an explanation by Zakir Naik in one of his lectures.

Below is a fatwa issued by Sheikh Yusuf Al-Qaradawi, discussing the reasons why it is permissible for women to participate in "Martyr Operations" (e.g. suicide bombings).

Women’s participation in the martyr operations carried out in Palestine – given the status of the land as an occupied territory, in addition to a lot of sacrilegious acts perpetrated by the Jews against the sanctuaries – is one of the most praised acts of worship. Also, the act is a form of martyrdom in the Cause of Allah, and it entitles them, Insha’ Allah, to the same reward earned by their male counterparts who also die in the Cause of Allah.
. . .

The martyr operations is the greatest of all sorts of Jihad in the Cause of Allah. A martyr operation is carried out by a person who sacrifices himself, deeming his life less value than striving in the Cause of Allah, in the cause of restoring the land and preserving the dignity. To such a valorous attitude applies the following Qur’anic verse: “And of mankind is he who would sell himself, seeking the pleasure of Allah; and Allah hath compassion on (His) bondmen.” (Al-Baqarah: 207)

But a clear distinction has to be made here between martyrdom and suicide. Suicide is an act or instance of killing oneself intentionally out of despair, and finding no outlet except putting an end to one’s life. On the other hand, martyrdom is a heroic act of choosing to suffer death in the Cause of Allah, and that’s why it’s considered by most Muslim scholars as one of the greatest forms of Jihad.
. . .

In the same vein, the public welfare should be given priority to the personal one, in the sense that if there is a contradiction between the private right and the public one, the latter must be given first priority for it concerns the interest of the whole Ummah. Given all this, I believe a woman can participate in this form of Jihad according to her own means and condition. Also, the organizers of these martyr operations can benefit from some believing women as they may do, in some cases, what is impossible for men to do.
Palestinian Women Carrying Out Martyr Operations
Sheikh Yusuf Al-Qaradawi, IslamOnline, November 6, 2006

Below is an excerpt taken from a fatwa by Muslim scholar Sheikh al-Uyayri, explaining in depth why suicide bombings and killing of civilians (including Muslims) via the use of them as "human shields" is permissible in Islam. Due to space (the fatwa is fifteen pages in length) we cannot quote it here in its entirety, though the entire piece in its in-depth referencing of the Qur'an and Hadith is illuminating.

We have arrived at the conclusion that martyrdom operations are permissible, and in fact the Mujahid who is killed in them is better than one who is killed fighting in the ranks, for there are gradations even among martyrs, corresponding to their role, action effort and risk undertaken. Then, we explained how martyrdom operations are the least costly to the Mujahideen and most detrimental to the enemy. We have heard, as you must have, that most scholars today permit such operations; at least 30 Fatawa have been issued to this effect. We explained how this issue is derived from the issue of plunging single-handedly into the enemy ranks; something which is praiseworthy by the agreement of jurists. We then further stated that we preferred the view that such an action is permissible even if martyrdom is the only goal, although it is certainly not the optimal practice. Martyrdom operations should not be carried out unless certain conditions are met:

1. One's intention is sincere and pure - to raise the Word of Allah.
2. One is reasonably sure that the desired effect cannot be achieved by any other means which would guarantee preservation of his life.
3. One is reasonably sure that loss will be inflicted on the enemy, or they will be frightened, or the Muslims will be emboldened.
4. One should consult with war strategy experts, and especially with the amber of war, for otherwise he may upset plan and alert the enemy to their presence.

If the first condition is absent, the deed is worthless, but if it is satisfied while some others are lacking, then it is not the best thing, but this does not necessarily mean the Mujahid is not shaheed.

We also explained how causing a death carries the same verdict as actual killing. Hence one who plunges without armour into the enemy ranks, being certain of death, just like one who engages in a martyrdom operation, is effectively causing his own death, but they are praiseworthy because of the circumstances and intention, and hence are not considered to have committed suicide. We also clarified that [according to the majority] the identity of the killer does not have an effect on whether the Mujahid will be considered shaheed. This dispels the wavering arising from the fact that the Mujahid is taking his own life. Thus, such operations could take on any of the five Shar`i verdicts depending on intention and circumstances. Finally, we clarified that taking one's own life is not always blameworthy; rather it is contingent on the motives behind it. So, we conclude that one who kills himself because of his strong faith and out of love for Allah and the Prophet, and in the interests of the religion, is praiseworthy.
The Islamic Ruling on the Permissibility of Martyrdom Operations
Sheikh al-Uyayri

Terrorism

Qur'an

Verse 8:12

I am with you, therefore make firm those who believe. I will cast terror into the hearts of those who disbelieve. Therefore strike off their heads and strike off every fingertip of them.
Quran 8:12

Explanation of verse 8:12

When your Lord inspired the angels, with whom He reinforced the Muslims, [saying]: ‘I am with you, with assistance and victorious help, so make the believers stand firm, by helping [them] and giving [them] good tidings. I shall cast terror, fear, into the hearts of the disbelievers; so smite above the necks, that is, the heads, and smite of them every finger!’, that is, [smite] the extremities of their hands and feet: thus, when one of them went to strike an disbeliever’s head, it would roll off before his sword reached it."'
Surat Al-'Anfāl (The Spoils of War) 8:12
Tafsir al-Jalalayn

Verse 8:60

Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into (the hearts of) the enemies, of Allah and your enemies
Quran 8:60

Explanation of verse 8:60

(to threaten), or to strike fear,

(the enemy of Allah and your enemy), the disbelievers,

(and others besides them), such as Bani Qurayzah, according to Mujahid, or persians, according to As-Suddi.
Making Preparations for War to strike Fear in the Hearts of the Enemies of Allah
Tafsir ibn Kathir
Make ready for them, for fighting them, whatever force you can, the Prophet (s) said that this refers to ‘archers’, as reported by Muslim, and of horses tethered (ribāt is a verbal noun, meaning, ‘restraining them [for use] in the way of God’) that thereby you may dismay, terrify, the enemy of God and your enemy
Surat Al-'Anfāl (The Spoils of War) 8:60
Tafsir al-Jalalayn

Hadith and Islamic Sources

Narrated Abu Huraira: Allah's Apostle said, "I have been sent with the shortest expressions bearing the widest meanings, and I have been made victorious with terror (cast in the hearts of the enemy), and while I was sleeping, the keys of the treasures of the world were brought to me and put in my hand." Abu Huraira added: Allah's Apostle has left the world and now you, people, are bringing out those treasures (i.e. the Prophet did not benefit by them).
Sahih Bukhari 4:52:220, See also: Sahih Muslim 4:1062, Sahih Muslim 4:1063, Sahih Muslim 4:1066, and Sahih Muslim 4:1067
After the Messenger had finished with the Khaybar Jews, Allah cast terror into the hearts of the Jews in Fadak when they received news of what Allah had brought upon Khaybar. Fadak became the exclusive property of Allah’s Messenger.
Tabari VIII 129
We have been dealt a situation from which there is no escape. You have seen what Muhammad has done. Arabs have submitted to him and we do not have the strength to fight. You know that no herd is safe from him. And no one even dares go outside for fear of being terrorized.
Tabari IX 42

Scholars on Terrorism

Ziauddin Barani (1285 - 1357 AD)

Musalmans will be favored and honored; infidels and men of bad faith will be faced with destitution and disgrace; the orders of the unlawful fate and the opposed creeds will be erased; the laws of the shari'at will be enforced on the seventy-two communities; and the enemies of God and the Prophet, will be condemned, banished, repudiated, and terrorized
Ziauddin Barani - Fatawa-i Jahandari

Dr. Yusuf 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 ... ...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. [3]
Offensive Jihad Vs. Defensive Jihad
Sheikh Abdullah Azzam

For further information, see: Qur'an, Hadith and Scholars:Muhammad and Terrorism and If Anyone Slew a Person (Qur'an 5:32)

References

  1. ↑ Military Operations in the Era of Prophet Mohammed (SAW) - military.hawarey.org
  2. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ibn Taymiyyah
  3. ↑ Sheikh Abdullah Azzam (Shaheed) - Defence of the Muslim Lands: The First Obligation After Iman - Chapter 1
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