Jihad in Islamic Law: Difference between revisions

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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. <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-range|8|72|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>
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 Hudabiya 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>
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 "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]].
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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