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Qur'an, Hadith and Scholars:Offensive Jihad: Difference between revisions
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Qur'an, Hadith and Scholars:Offensive Jihad (view source)
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Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-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> | Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-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> | ||
In other hadith quoted in the section above on women and children, Muhammad forbade intentionally targeting woman and children. However, some scholars have come to the 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. | |||
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming | {{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming | ||
the Ruler and his Flock’|Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute "'''property for Muslims'''".<ref name="ibn Taymiyyah"></ref>}} | the Ruler and his Flock’|Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute "'''property for Muslims'''".<ref name="ibn Taymiyyah"></ref>}} | ||
The following Q&A with a Lebanese Islamic scholar and Muslim Brotherhood associate is taken from the Arabic section of Islam Online. | |||
'''"Is it permissible to kill civilians in Israel through martyrdom operations which are carried out by Palestinians in defense of their land?"''' | |||
{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-Arabic-Ask_Scholar/FatwaA/FatwaA&cid=1122528609048 Jews have killed civilians in the martyrdom operations in Palestine]<BR>Sheikh Faisal Mawlawi, Islam Online, January 23, 2002|2= | |||
The Jews living inside the occupied territory and those who carry Israeli citizenship are all participants in the aggression against us, and it is our right to combat all of them." | |||
Adding on "…the Prophet (PBUH) was killed by a Jewish woman from the Bani Qurayzah (a Jewish tribe from Medina). Since she was killed by a Muslim man, it became a rule that it was permissible to kill all the killers among the Jewish women in our country of Palestine, without hesitation."}} | |||
===Islamic law=== | |||
The different schools of jurisprudence agreed that it was forbidden to kill various classes of non-combatants such as women and children, though Shafi'i alone among the major legal school founders was of the opinion that certain other categories of persons could be killed. | |||
The state of agreement and disagreement was summarised in ''Bidayat al-Mujtahid'' (which has been translated under the English title ''The Distinguished Jurist's Primer'') by Ibn Rushd (d. 1198 CE; known in Europe as Averroes): | |||
{{Quote| | {{Quote|1=[https://archive.org/details/BidayatAl-mujtahidTheDistinguishedJuristsPrimer/page/n439/mode/2up ''The Distinguished Jurist's Primer''] by Ibn Rashd (transl. Imran Ahsan Khan Nyazee) pp. 458-460|2=The harm aimed at life is by killing, and there is no disagreement among the Muslim jurists that it is permitted in war to slay the male polythests, who have attained puberty and are waging war. There is, however, disagreement about execution after captivity, as we have already discussed. Similarly, there is no dispute among them that it is not permitted to slay minors or women, as long as they are not waging war. If a woman fights the shedding of her blood becomes permissible. This was established as "the Propet (God's peace and blessings be upon him) prohibited the killing of women and children, and said when he saw a slain woman, 'She was not one who would have engaged in fighting'".<BR/> | ||
They disagreed about the case of hermits cut off from the world, the blind, the chronically ill, the old who cannot fight, the idiot, and the peasants and serfs. Malik said neither the blind nor idiots nor hermits are to be slain, and enough of their wealth is to be left to them by which they may suvive. Similarly, the old and decrepit are not to be slain, in his view, and this was also the view of Abu Hanifa and his disciples. Al-Thawri and al-Awza'i said that only the old are to be spared. Al-Awza'i added that the peasants are not to be slain either. According to al-Shafi'i's most authentic opinion, all of these categories (of people) are to be put to death. The basis for their disagreement stems from the conflict of the specificity in some traditons with general implication of (some verses of) the Qur'an, and also the generality of the authentic saying of the Prophet (God's peace and blessings be upon him), "I have been commanded to fight mankind until they say, 'There is no God but Allah.'" The words of the Exalted, "Then, when the sacred months have passed, slay the idolaters wherever ye find them", imply the slaynig of every nonbeliever whether or not he is a monk, and so does the saying of the Prophet (God's peace and blessings be upon him), "I have been commanded to fight mankind until they say, 'There is no God but Allah'".</BR> | |||
The traditions laid down about the sparing of all these categories include the traditions related by Dawud Ibn al-Husayn from 'Ikrimah from Ibn 'Abbas "that the Prophet (God's peace and blessings be upon him) used to say while sending out his armies, 'Do not kill hermits'". There is also athe tradition related from Anas Ibn Malik from the Prophet (God's peace and blessings be upon him), "Do not slay the old and decrepit nor young children no women, and do not purloin [the booty]". It is recorded by Abu Dawud. There is also among these the traditon related by Malik from Abu Bakr that he said, "You will come acrosss a people who will claim that they have devoted themselves to Allah, so leave them and that to which they have devoted themselves", and it includes the words, "Never kill women, children, and the old weakened with age".<BR /> | |||
It appears that the chief source of disagreement in this issue springs from the apparent conflict between the words of the Exalted, "Fight in the way of Allah aginst those who fight you, but begin not hostilities. Lo, Allah loveth not aggressors", and His words, "Then when the sacred months have passed, slay the idolaters wherever ye find them". Those who held that the latter verse was abrogated the (meaning of the) words "Fight in the way of Allah those who fight you", as fighting is prescribed primarily against those who fight, said that the latter verse stands unrestricted upon its generality. On the other hand, those who maintained that the former verse is the governing verse, and that it includes all categories not involved in fighting, exempted if from the generality of the latter (in other words restricted the latter to those who do or can provide hostility, thus excluding children, old and decrepit etc).<BR /> | |||
[...]<BR /> | |||
The reason leading to their disagreement, on the whole, arises from their dispute about the effective underlying cause of slaying. Thus, those who maintained that the effective underlying cause for this is disbelief (''Kufr''), did not exempt anyone out of the polytheists, while those who maintained that the underying cause in it is the ability to fight, there being a prohibition about the killing of women though they be non-believers, exempted those who do not have the ability to wage war, or those who have not affiliated themselves with it, like the peasants and the serfs.}} | |||
''Al-Hidayah'', a famous manual of Hanfafi fiqh (jurisprudence) states the following: | |||
{{Quote| | {{Quote|[https://archive.org/details/Hedaya_201703/page/n501/mode/2up Al-Hidayah Vol. 2 p. 293 translated by Imran Ahsan Khan Nyazee]|A woman, minor, enfeebled old man, an invalid, and a blind man are not to be killed. The reason is that permitted killing is of those persons who are capabable of hostility, and this is not realised in the case of these persons. It is for this reason that they are not killed a paralysed person, one whose right hand has been amputated, and one whose hand and leg of the opposite sides are cut. Al-Shafi'i (God bless him) goes against our opinion in the case of the enfeebled old man, the invalid, and the blind. The reason is that permitted killing in his view is based upon unbelief, but the evidence against him is what we have elaborated.}} | ||
The | The views of the Shafi'i school were detailed in the famous compendium of Shafi'i fiqh (jurisprudence), ''The Reliance of the Traveller'': | ||
{{Quote|Reliance of the Traveller o9.10 translated by Nuh Ha Mim Keller|o9.10 It is not permissible (A: in jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims, or if killing them will help defeat the enemy. It is permissible to kill old men (O: old man (shaykh meaning someone more than forty years of age) and monks.}} | |||
<span class="plainlinks">[http://en.wikipedia.org/wiki/Al-Ghazali Al-Ghazali]</span> (1058-1111) was a Persian jurist who contributed significantly to the development of Sufism and is one of the most celebrated scholars in the history of Islamic thought. He followed the Shafi'i madhab (legal school) for most of his life. | |||
{{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...<BR><BR><ref name="Al-Ghazali">Excerpted form ''[http://www.irfi.org/articles3/articles_4701_4800/why%20christians%20accepted%20greek%20natural%20philosophy,%20but%20muslims%20did%20nothtml.htm Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i]'' (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.</ref>}} | |||
===Qur'an - Fitnah is Worse Than Killing=== | ===Qur'an - Fitnah is Worse Than Killing=== | ||