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Jihad in Islamic Law: Difference between revisions
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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> | ||
Modernists stress the oppressive environment and danger faced by the early community, pointing out that the Quran itself mentions a number of times that the believers were forced to migrate to Medina. According to the first letter of 'Urwa b. al-Zubayr, the believers first migrated to Abyssinia before returning to Mecca, and later migrated to Medina due to what he calls ''al-fitnah al-ūlā'' and ''al-fitnah al- | Modernists stress the oppressive environment and danger faced by the early community, pointing out that the Quran itself mentions a number of times that the believers were forced to migrate to Medina. According to the first letter of 'Urwa b. al-Zubayr (d. 713 CE), the believers first migrated to Abyssinia before returning to Mecca, and later migrated to Medina due to what he calls ''al-fitnah al-ūlā'' and ''al-fitnah al-ākhira'' (the first and final trials of persecution), respectively. Similar terminology was used at a later time in reference to the Islamic civil wars in the early decades after Muhammad's death. | ||
In the sections below, important Quranic themes and verses are examined, along with their interpretations by traditional Muslim scholars, Islamic modernists and modern academic scholars. Early Islamic historical literature is also discussed in relation to the interpretations of the verses. | In the sections below, important Quranic themes and verses are examined, along with their interpretations by traditional Muslim scholars, Islamic modernists and modern academic scholars. Early Islamic historical literature is also discussed in relation to the interpretations of the verses. | ||
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This was in line with their interpretation that fitna here means shirk, associating partners with Allah (or kufr, disbelief), based on narrations recorded by al-Tabari attributing this view to Ibn Abbas and several of the tabi'un (successor generation). Javad Hashmi, an Islamic modernist and academic, notes the defensive principles apparent in the passage, and argues that in this context fitna simply means religious persecution, pointing to the related verse {{Quran|2|217}} quoted above which seems to define fitna in terms of obstruction of worship (though it also says "and disbelief in Him"<ref>Hashmi awkwardly glosses this as [while] disbelieving in Him, but perhaps "and to disbelief in Him" is a more plausible alternative in keeping with his definition of fitna i.e. they turn people from the way of Allah and to disbelief.</ref>).<ref name="HashmiPart1-2hr12to22">[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 12 to 22 minutes)</ref> {{Quran-range|2|190|191}} in the above quote and {{Quran-range|8|34|39}} quoted below seem also to support the interpretation that fitna here refers to oppression. | This was in line with their interpretation that fitna here means shirk, associating partners with Allah (or kufr, disbelief), based on narrations recorded by al-Tabari attributing this view to Ibn Abbas and several of the tabi'un (successor generation). Javad Hashmi, an Islamic modernist and academic, notes the defensive principles apparent in the passage, and argues that in this context fitna simply means religious persecution, pointing to the related verse {{Quran|2|217}} quoted above which seems to define fitna in terms of obstruction of worship (though it also says "and disbelief in Him"<ref>Hashmi awkwardly glosses this as [while] disbelieving in Him, but perhaps "and to disbelief in Him" is a more plausible alternative in keeping with his definition of fitna i.e. they turn people from the way of Allah and to disbelief.</ref>).<ref name="HashmiPart1-2hr12to22">[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 12 to 22 minutes)</ref> {{Quran-range|2|190|191}} in the above quote and {{Quran-range|8|34|39}} quoted below seem also to support the interpretation that fitna here refers to oppression. | ||
Medieval commentators interpreted fitna as shirk/kufr and the command to fight in Q 2:193 and Q 8:39 in terms of religious expansionism, supported by a famous hadith shown below. Some scholars like Ibn Taymiyyah interpreted that narration in a more limited sense through the Quran, in terms of fighting those who are waging war but not if there is a peace treaty. Modernists typically question its authenticity altogether (in line with the modern academic view that hadiths in general cannot be relied upon at face value). | Medieval commentators interpreted fitna as shirk/kufr and the command to fight in Q 2:193 and Q 8:39 in terms of religious expansionism, supported by a famous hadith shown below. Some scholars like Ibn Taymiyyah interpreted that hadith narration in a more limited sense through the Quran, in terms of fighting those who are waging war but not if there is a peace treaty. Modernists typically question its authenticity altogether (in line with the modern academic view that hadiths in general cannot be relied upon at face value). | ||
{{Quote|{{Muslim|1|30}}|It is reported on the authority of Abu Huraira that the Messenger of Allah said: | {{Quote|{{Muslim|1|30}}|It is reported on the authority of Abu Huraira that the Messenger of Allah said: | ||
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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 "the religion is for Allah" in 2:193 and "the religion, all of it (l-dīnu kulluhu), is 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 commit shirk, to include pagan gods besides Allah in their religion. His interpretation is one also mentioned by al-Tabari and Ibn Ishaq. | Hashmi argues that "the religion is for Allah" in 2:193 and "the religion, all of it (l-dīnu kulluhu), is 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 commit shirk, to include pagan gods besides Allah in their religion. His interpretation is one also mentioned by al-Tabari and Ibn Ishaq. <ref name="HashmiPart1-2hr12to22" /> Looking at the preceding verses, Q 8:34-38 (shown in the quote below), a case can be made either way for this or for the traditional interpretation. 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. In support of the timing, it may also be worth noting that the first of 'Urwa b. al-Zubayr's letters states that Q 8:39 was revealed before Muhammad called the remaining Muslims in Mecca to migrate. Later in the same surah, {{Quran|8|72}} has a command to help believers who did not migrate but who seek help in the religion (fī l-dīni) lest there be fitna. In the Quran, l-dīn, usually translated "the religion", probably refers to active rites of worship, especially at the sanctuary.<ref>[https://www.youtube.com/watch?v=gvNdiq_giew Mohsen Goudarzi: Din, Islam, and Hanif in the Qur’an] - youtube.com - 1 May 2023</ref> | ||
{{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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====Surah 9 (at-Tawbah)==== | ====Surah 9 (at-Tawbah)==== | ||
Surah 9, al-Tawbah, was traditionally revealed the year after the conquest of Mecca, though Hashmi, crediting [[w:Cheragh Ali|Cheragh Ali]] (d. 1895), argues that the opening of the surah was more likely revealed soon after the treaty of | Surah 9, al-Tawbah, was traditionally revealed the year after the conquest of Mecca, though Hashmi, crediting [[w:Cheragh Ali|Cheragh Ali]] (d. 1895), argues that the opening of the surah was more likely revealed soon after the treaty of Hudaybiyya was violated by the Meccans, but before what turned out to be a peaceful conquest of the city.<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 38 minutes)</ref> Hashmi argues that the principles discussed above are evident even in the opening verses of surah al-Tawbah.<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 42 minutes)</ref> Similarly, Khalil notes that the early part of the surah has various qualifiers congruous with the restraining principles of earlier passages.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 14</ref> | ||
In this opening section, Q 9:5 became known as 'the verse of the sword' by some scholars and gives instructions against the mushrikeen who broke the treaty: | In this opening section, Q 9:5 became known as 'the verse of the sword' by some scholars and gives instructions against the mushrikeen who broke the treaty: | ||
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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, in the passage discussed above where they need only cease fighting and oppression. 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 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, in the passage discussed above where they need only cease fighting and oppression. 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 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 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>Mohammad Hassan Khalil, ''Jihad'' p. 13</ref> A minority extreme view was that | 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>Mohammad Hassan Khalil, ''Jihad'' p. 13</ref> A minority extreme view was that ''all'' peaceful passages were abrogated.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 16</ref> See also the introductory discussion in [[List of Abrogations in the Qur'an]]. | ||
Here are some views on the verse in the classical commentaries of Ibn Kathir and al-Qurtubi: | Here are some views on the verse in the classical commentaries of Ibn Kathir and al-Qurtubi: | ||
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====Compared with the sῑra-maghāzī literature==== | ====Compared with the sῑra-maghāzī literature==== | ||
The Islamic sῑra-maghāzī literature (biographical/expedition narratives) present a picture of forceful conquest or aggressive expeditions towards the end of Muhammad's career or after his death. External sources on early Islam suggest a traumatic experience - in particular Shophronius (d. 639 CE) wrote in 636/637 disparingly of Saracen raids bringing death, plunder, and the destruction of fields, villages and churches, while Thomas the Presbyter (fl. 640 CE) wrote of the "Arabs of Muhammad" defeating the Romans in 632 CE, killing 4000 Palestinian villagers and ravaging the whole region.<ref>Robert Hoyland, '' Seeing Islam As Others Saw It'', Princeton: The Darwin Press, pp. 72-73, 120</ref> It is also worth noting that according to others, archaelogical evidence suggests a less destructive picture. | |||
In his book ''Muhammad and the Empires of faith'' Sean Anthony argues that while the Quran is the primary source, approached cautiously, there is also some value for the study of early Islamic history in the sῑra-maghāzī material. He argues that the initial, formative compilation of this material took impulse from the late Umayyad court (late 7th/early 8th century CE). The corpus of traditions existed independently of the court, but their formation into sῑra-maghāzī works was a product of political intervention. Anthony contends that "the rhetoric of empire in Late Antiquity profoundly shaped this corpus".<ref>Sean Anthony, ''Muhammad and the Empires of Faith: The making of the Prophet of Islam'', Oakland CA: University of California, 2020, pp. 175-6</ref> | In his book ''Muhammad and the Empires of faith'' Sean Anthony argues that while the Quran is the primary source, approached cautiously, there is also some value for the study of early Islamic history in the sῑra-maghāzī material. He argues that the initial, formative compilation of this material took impulse from the late Umayyad court (late 7th/early 8th century CE). The corpus of traditions existed independently of the court, but their formation into sῑra-maghāzī works was a product of political intervention. Anthony contends that "the rhetoric of empire in Late Antiquity profoundly shaped this corpus".<ref>Sean Anthony, ''Muhammad and the Empires of Faith: The making of the Prophet of Islam'', Oakland CA: University of California, 2020, pp. 175-6</ref> | ||
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Anthony writes, "Citations of this qur'anic theme of the righteous inheriting the lands of Abraham and, therefore, the lands and wealth of the sinful nations do not only appear in the sῑra-maghāzī literature; they are nearly ubiquitous in the narratives of the early conquests as well." Some of the Quraysh now ruled as the Umayyad caliphate, so the framing of Muhammad's kin as the righteous inheritors of Abraham served their political hegemony.<ref>Sean Anthony, ''Muhammad and the Empires of Faith'', pp. 179-80</ref> | Anthony writes, "Citations of this qur'anic theme of the righteous inheriting the lands of Abraham and, therefore, the lands and wealth of the sinful nations do not only appear in the sῑra-maghāzī literature; they are nearly ubiquitous in the narratives of the early conquests as well." Some of the Quraysh now ruled as the Umayyad caliphate, so the framing of Muhammad's kin as the righteous inheritors of Abraham served their political hegemony.<ref>Sean Anthony, ''Muhammad and the Empires of Faith'', pp. 179-80</ref> | ||
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. al-Zubayr (Aisha's nephew), which were in answer to historical queries from the | 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. al-Zubayr (Aisha's nephew), which were in answer to historical queries from the 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, 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> | 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> | ||