Jihad in Islamic Law: Difference between revisions

There has been much confusion spread in regards to the nature of [[Jihad]] in [[Islam]]. This article looks at and corrects the most common misconceptions spread by Muslims.

==Jihad is Only Defensive?==

This is not true. According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.<ref>[http://military.hawarey.org/military_english.htm Military Operations in the Era of Prophet Mohammed (SAW)] - military.hawarey.org</ref>

{{Quote|[http://www.theholybook.org/content/view/7286/2/ 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,)  

...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|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 a famous Islamic scholar, theologian and logician. 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|Sahih 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." [http://www.quranexplorer.com/Hadith/English/Hadith/bukhari/005.059.435.html Sahih Bukhari, 5:59:435] }}

For further information, see: [[Invitations to Islam Prior to Violence]] and [[Qur'an, Hadith and Scholars:Jizyah]]

==You Cannot Kill Non-Combatants?==

Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed 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>

It is true that in other hadith, Muhammad forbade intentionally targeting woman and children. However, scholars have come to the logical 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.

This verse was revealed when a non-Muslim non-combatant was killed in the events of the Nakhla Raid. It was revealed to justify the killing of the non combatant, because non-Muslims do Fitnah... this is a graver crime in the eyes of Allah...than killing the non-combatant disbelievers <ref>[http://mercytomankind.net/TheLifeOfMohamedDir/AbdullahIbnJahshRaid.html Abdullah ibn Jaish -  Life of Mohamed (Sirah), Non combatants]</ref> [[Osama Bin Laden]] also used this in his interviews to justify killing non-combatants.<ref>[http://www.jihadunspun.com/intheatre_internal.php?article=109033&list=/home.php Sheikh Osama bin Laden’s speech to the people of Pakistan] - Translated From Urdu By Ahmed Al-Marid, September 26, 2007</ref>

 

 

==You Can Only Fight Those Who Fight You?==

{{Quote|1=[http://www.tafsir.com/default.asp?sid=2&tid=4985 The Command to fight Those Who fight Muslims and killing Them wherever They are found]<BR>Tafsir Ibn Kathir|2=(And fight in the way of Allah those who fight you,)

 

 

==The Best Jihad is The Inner Struggle?==

{{Main|Lesser vs Greater Jihad}}

This hadith does not appear in any of the famous hadith books (Sahih Bukhari, Muslim, Dawud, Tirmidhi), and can be easily refuted.

'''Dr. Abudllah Yusuf Azzam'''

{{Main|Jihad is Compulsory (Fard)}}

3) If the Imam calls a people to march forward it is obligatory upon them to

march forward.<ref name="Islamic Emirate"></ref>}}

 

==If They Incline Towards Peace, You Must Incline Towards Peace?==

In both the Tafsir Ibn Abbas and Tafsir al-Jalalayn, it states that according to Ibn ‘Abbās (Muhammad's Cousin) verse 8:61 has been replaced ([[Abrogation (Naskh)|abrogated]]) by another well known verse.  

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

 

 

==Suicide Bombing is Not Allowed in Jihad?==

{{Main|Shahid}}

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, but we strongly urge you to take your time and read it. Referencing the Qur'an and hadith, this piece is enlightening.

{{Quote|[[The Islamic Ruling on the Permissibility of Martyrdom Operations]]<BR>Sheikh al-Uyayri|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:

 

 

==Terrorism is Not Allowed in Jihad?==

...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'''. <ref>Sheikh Abdullah Azzam (Shaheed) - [[Defence of the Muslim Lands|Defence of the Muslim Lands: The First Obligation After Iman]] - Chapter 1</ref>}}

 

 

==You Need a Caliphate or Imam to Participate in Jihad?==

For further information, see: [[Jihad is Compulsory (Fard)]]

 

 

==You Need Permission From Parents to Participate in Jihad?==

 

 

==It is Forbidden to Cut Down Trees in Jihad?==

{{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...<ref name="Al-Ghazali"></ref>}}

 

 

==Woman Cannot Participate in Jihad?==

 

 

==You Cannot Kidnap or Kill Prisoners of War?==

 

: ''Main Articles: [[Rape in Islam]] and [[Al-'Azl]]''  

{{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women." (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.}}  

 

: ''Main Article: [[Islamic_law#Slavery|Islamic Law - Slavery]]''

[[Category:Jihad and Terrorism]]

[[Category:Islamic Law]]

[[Category:Islamic Propaganda]]