Jihad in Islamic Law: Difference between revisions

From WikiIslam, the online resource on Islam
Jump to navigation Jump to search
[checked revision][checked revision]
(Copied from the Jizya article)
Tags: Mobile edit Mobile web edit Advanced mobile edit
(35 intermediate revisions by 2 users not shown)
Line 1: Line 1:
{{QualityScore|Lead=2|Structure=3|Content=3|Language=3|References=3}}
{{QualityScore|Lead=2|Structure=3|Content=3|Language=3|References=3}}
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.  
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==
Jews and Christians were required to pay the ''jizyah'' while pagans were required to either accept Islam or die.<ref>{{cite web |title=Islam |url=https://www.britannica.com/topic/Islam |work=Encyclopedia Britannica |location=New York |date=17 August 2021|access-date=12 January 2022}}</ref> Upon payment of the tax (''jizya''), the ''dhimmi'' would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam - failure to produce an up-to-date ''jizya'' receipt on the request of a Muslim could result in death or forced conversion to Islam of the ''dhimmi'' in question<ref>{{cite book|last1=Yeʼor|first1=B|title=The decline of Eastern Christianity under Islam|date=2011|publisher=Madison, NJ: Fairleigh Dickinson University Press|page=79}}</ref>.


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>
==Jihad in the Qur'an and Sunnah==


==Favoring War==
===Jihad in the Qur'an===


===Verse===
The words "jihad" and "fighting" (قتال--Qitaal) appear frequently in the Qur'an. According to the traditional exegeses of the Qur'an in Sunni Islam, the first verse "revealed" to Muhammad about fighting is in surat-al-hajj (surah 22) verse 39:


{{Quote|{{Quran|8|61}}|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).}}
{{Quote|{{Quran|22|39}}|أُذِنَ لِلَّذِينَ يُقَٰتَلُونَ بِأَنَّهُمْ ظُلِمُوا۟ ۚ وَإِنَّ ٱللَّهَ عَلَىٰ نَصْرِهِمْ لَقَدِيرٌ


===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 ([[Abrogation (Naskh)|abrogated]]) by another well known verse.  
Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory.}}


{{Quote|[http://quran.com/8/61 Surat Al-'Anfāl (The Spoils of War) 8:61]<BR>Tafsir al-Jalalayn|‘This has been abrogated by the “sword verse” [Q. 9:5]’}}
A number of other prominent verses in the Qur'an deal with jihad and fighting the unbelievers. Amongst the most prominent of these verses is the "verse of the sword" from surat-at-taubah (surah 9), verse 5:


And here is that verse in full.
{{Quote|{{Quran|9|5}}|فَإِذَا ٱنسَلَخَ ٱلْأَشْهُرُ ٱلْحُرُمُ فَٱقْتُلُوا۟ ٱلْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ وَخُذُوهُمْ وَٱحْصُرُوهُمْ وَٱقْعُدُوا۟ لَهُمْ كُلَّ مَرْصَدٍ ۚ فَإِن تَابُوا۟ وَأَقَامُوا۟ ٱلصَّلَوٰةَ وَءَاتَوُا۟ ٱلزَّكَوٰةَ فَخَلُّوا۟ سَبِيلَهُمْ ۚ إِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ


{{Quote|{{Quran|9|5}}|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.}}


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.
'''And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and give zakah, let them [go] on their way. Indeed, Allah is Forgiving and Merciful.'''}}


{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=2035&Itemid=103 The Command to strike the Enemies' Necks]<BR>Tafsir Ibn Kathir|2=(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'''}}
This verse has been interpreted by numerous [[tafsir|mufassiruun]] as the Qur'an and the prophet [[Muhammad]]'s final revelation on the subject of jihad. In the words of the preeminent mufassir ibn Kathir:


===Scholars===
{{Quote|Tafsir ibn Kathir on surah 9:5| وَهَذِهِ الْآيَةُ الْكَرِيمَةُ هِيَ آيَةُ السَّيْفِ الَّتِي قَالَ فِيهَا الضَّحَّاكُ بْنُ مُزَاحِمٍ: إِنَّهَا نَسَخَتْ كُلَّ عَهْدٍ بَيْنَ النَّبِيِّ(٩) ﷺ وَبَيْنَ أَحَدٍ مِنَ الْمُشْرِكِينَ، وَكُلَّ عَهْدٍ، وَكُلَّ مُدَّةٍ.


'''Abdullah Yusuf Azzam'''


{{Quote|[http://www.religioscope.com/info/doc/jihad/azzam_caravan_1_foreword.htm  Join The Caravan, p.9]<BR>Imam Abdullah Azzam|"Jihad and the rifle alone. NO negotiations, NO conferences and NO dialogue."}}
This holy verse is the verse of the sword, which Dahaak bin Muzaahim said of it "Verily it has withdrawn ever covenant/treaty between the prophet, Allah's prayer and peace be upon him, and between any mushrik (polytheist/non-muslim), every covenant and every bond of aide."}}


{{Quote|[http://www.religioscope.com/info/doc/jihad/azzam_caravan_1_foreword.htm  Join The Caravan, p.20]<BR>Imam Abdullah Azzam|"So, if the fighting stops, the disbelievers will dominate, and fitnah, which is Shirk (polytheism), will spread."}}
Al-Qurtabi has this to say


'''Ibn Taymiyyah'''
{{Quote|Tafsir of Al-Qurtabi on surah 9:5|
...فَاقْتُلُوا الْمُشْرِكِينَ﴾ عَامٌّ فِي كُلِّ مُشْرِكٍ، لَكِنَّ السُّنَّةَ خَصَّتْ مِنْهُ مَا تَقَدَّمَ بَيَانُهُ فِي سُورَةِ "الْبَقَرَةِ"(٣) مِنَ امْرَأَةٍ وَرَاهِبٍ وَصَبِيٍّ وَغَيْرِهِمْ﴿
حَيْثُ وَجَدْتُمُوهُمْ﴾ عَامٌّ فِي كُلِّ مَوْضِعٍ﴿...


{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’|"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".<ref name="ibn Taymiyyah"></ref>}}
==Suicide Bombing==
{{Main|Shaheed (Martyr)}}


While some are against it, many scholars such as Yusuf al-Qaradawi and Zakir Naik claim suicide bombing is permitted in Islam. [http://www.youtube.com/watch?v=JtZxNqxpb8s Click here] to watch an explanation by Zakir Naik in one of his lectures.  
"Fight the unbelievers" meaning: a general decree concerning every mushrik (polytheist/unbeliever). But the Sunnah has narrowed its application in the declaration of surat-al-baqarah (surah 2) verse 3, excluding women, monks, children and other (non-combatants)......"Wherever you find them" meaning: a general decree for all places}}


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).
Classical Islamic theology thus sees the sword verse as a general injunction for never-ending holy war against all unbelievers until the day of judgement. The Muslim state, the ummah, is to pursue this holy war against all oppenents until the religion, all of it, is to Allah ({{Quran|8|39}}). Those who shirk their duty to pursue jihad will face a terrible punishment in the hereafter ({{Quran|9|81|82}}) ({{Quran|48|16}}). For those who do go on jihad  and die in Allah's cause, a great reward awaits them ({{Quran|3|157|158}}). Those who are left alive after the [[Qur'an, Hadith and Scholars:Mujahids|mujaahideen]] die in combat with the unbelievers should not mourn them, for they are yet alive with Allah in paradise enjoying pleasures beyond human comprehension ({{Quran|3|169|172}}). The Qur'an also has practical advice for the believers on war with the infidels. There are verses dealing with the exemptions of various types of people to jihad ({{Quran|9|91}}) ({{Quran|48|17}}), fighting during the holy months ({{Quran|2|217}}), fighting in the territory of Mecca ({{Quran|2|191}}), prisoners of war ({{Quran|47|4}}), safe conduct ({{Quran|9|6}}), and truces with the enemy ({{Quran|8|61}}).


{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545134 Palestinian Women Carrying Out Martyr Operations]<BR>Sheikh Yusuf Al-Qaradawi, IslamOnline, November 6, 2006 |2=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.<BR>. . .<BR>
In addition to the sword verse, another very important verse in the theology and jurisprudence of jihad is the verse of Jizya, surat-at-taubah (surah 9) verse 29:{{Quote|{{Quran|9|29}}|قَٰتِلُوا۟ ٱلَّذِينَ لَا يُؤْمِنُونَ بِٱللَّهِ وَلَا بِٱلْيَوْمِ ٱلْءَاخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ ٱللَّهُ وَرَسُولُهُۥ وَلَا يَدِينُونَ دِينَ ٱلْحَقِّ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حَتَّىٰ يُعْطُوا۟ ٱلْجِزْيَةَ عَن يَدٍ وَهُمْ صَٰغِرُونَ
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.<BR>. . .<BR>
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.}}


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.
Fight those who believe not in Allah nor the Last Day, nor hold forbidden that which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizyah with willing submission, and feel themselves subdued.}}Along with the sword verse cited above, Muslim scholars and jurists have considered these verses as commands to never-ending offensive jihad against all the infidels of the world forever until the day of judgement. The above jizya verse is also the basis of the [[Dhimma]] and the tax of the [[Jizyah]], the systems of financial and social apartheid to be instituted against Jews and Christians (and also Zoroastrians) in order to secure the supremacy of Islam in the [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Harb]]
<br />
===Jihad in the Hadith===


{{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:
==Jihad in Early Islam==


1. One's intention is sincere and pure - to raise the Word of Allah. <BR>
==Jihad in Classic Islamic Law==
2. One is reasonably sure that the desired effect cannot be achieved by any other means which would guarantee preservation of his life. <BR>
3. One is reasonably sure that loss will be inflicted on the enemy, or they will be frightened, or the Muslims will be emboldened. <BR>
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.
===Offensive Jihad===
 
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>
'''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.}}
==Terrorism==
 
===Qur'an===
'''Verse 8:12'''
 
{{Quote|{{Quran|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.}}
 
'''Explanation of verse 8:12'''
 
{{Quote|1=[http://quran.com/8/12 Surat Al-'Anfāl (The Spoils of War) 8:12]<BR>Tafsir al-Jalalayn|2=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."'}}
 
'''Verse 8:60'''
 
{{Quote|{{Quran|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}}
 
'''Explanation of verse 8:60'''
 
{{Quote|1=[http://tafsir.com/default.asp?sid=8&tid=20453 Making Preparations for War to strike Fear in the Hearts of the Enemies of Allah]<BR>Tafsir ibn Kathir|2=(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.}}
 
{{Quote|1=[http://quran.com/8/60 Surat Al-'Anfāl (The Spoils of War) 8:60]<BR>Tafsir al-Jalalayn|2=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'''}}
 
===Hadith and Islamic Sources===
 
{{Quote|{{Bukhari|4|52|220}}, See also: {{Muslim|4|1062}}, {{Muslim|4|1063}}, {{Muslim|4|1066}}, and {{Muslim|4|1067}}|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).}}
 
{{Quote|Tabari VIII 129|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.}}
 
{{Quote|Tabari IX 42|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.'''}}
 
===Scholars on Terrorism===
 
'''Ziauddin Barani''' (1285 - 1357 AD)
 
{{Quote|Ziauddin Barani - Fatawa-i Jahandari|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'''}}
 
'''Dr. Yusuf Azzam'''
 
{{Quote|[http://www.islamicemirate.com/fiqh-jurisprudence/jihad/1544-offensive-jihad-vs-defensive-jihad.html%20IslamicEmirate.com Offensive Jihad Vs. Defensive Jihad]<BR>Sheikh Abdullah Azzam|2="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'''. <ref>Sheikh Abdullah Azzam (Shaheed) - Defence of the Muslim Lands: The First Obligation After Iman - Chapter 1</ref>}}
 
For further information, see: [[Qur'an, Hadith and Scholars:Muhammad and Terrorism]] and [[If Anyone Slays a Person (Qur'an 5:32)|If Anyone Slew a Person (Qur'an 5:32)]]
==Female Participation in Jihad==
 
'''Maliki Fiqh'''
 
{{Quote||In Hashiyat ad Dussuqi it is stated: Jihad becomes Fard Ayn upon a surprise attack by the enemy. Dussuqi said: "Wherever this happens, jihad immediately becomes Fard Ayn upon everybody, '''even women, slaves and children,''' and they march out even if their guardians, husbands and creditors forbid them to.<ref name="Islamic Emirate"></ref>}}
 
'''Shafi'i Fiqh'''
 
{{Quote||In the Nihayat al Mahtaj by Ramli: "If they approach one of our lands and the distance between them and us becomes less than the distance permitting the shortening of prayers, then the people of that territory must defend it and it becomes Fard Ayn even upon the people for whom there is usually no jihad; the poor, the children, the slaves, the debtor '''and the women.'''<ref name="Islamic Emirate"></ref>}}


'''Recent fatwas''''
===Defensive Jihad===


{{Quote|1=[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=82641 Women fighting in Jihad]<BR>Islam Web, Fatwa No. 82641, February 27, 2001|2=There are two situations where women could participate in Jihad.
==Jihad in Later Islamic Sources==
First, if the enemies invade Muslims in their homes, all Muslims who could carry weapons (women, men, and children) must participate in fighting to chase away the enemies and protect Muslim territorial integrity. In this situation, they should participate in any way they can.
Second, if the Muslims invade their enemies, in this case, the Muslim women can participate and go with the Muslim army if the latter is a strong and powerful army and if there is no fear that Muslim women would be taken prisoners. Ibn Abdel Bar [who was a famous Maliki Islamic Scholar] said: 'They (the women) can go with the army if the army is strong enough to take hold of the enemy's army'.
This is the opinion of all scholars and it is an imitation of a Sunnah that the Prophet did and his companions followed. In fact the Prophet took his wives and some of the wives of the Muslims in several Ghazawa (holy battles in the company of the Prophet) as narrated in a sound Hadith.
But the role of women was limited mostly in looking after the wounded and providing food and drink to the men. However, whenever they are requested to carry weapons or fight they should do so, especially now when women can participate in war without having to travel. If she has to travel it should be within the limits of her nature.
Um Umara Nasiba Bint Kaab Al Ansaria fought in Uhud and also fought with the army that killed Musailimah, the liar. She was wounded in thirteen places that day and her hand was cut off.
Originally war was a male affair. But women can participate in it if there is dire need for it and provided that they would not be made prisoners.}}


{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545134 Palestinian Women Carrying Out Martyr Operations]<BR>Sheikh Yusuf Al-Qaradawi, Islam Online, November 6, 2006|2=Dear questioner, Muslim jurists unanimously agreed that, when the enemy attacks part of the Muslim territories Jihad become an Individual Duty on every one. This obligation reaches a certain extent that a woman should go out for Jihad even without the permission of her husband, and the son without the consent of his parents.<BR>. . .<BR>
==Jihad in Modern Islam==
When Jihad becomes an Individual Duty, as when the enemy seizes the Muslim territory, a woman becomes entitled to take part in it alongside men. Jurists maintained that: When the enemy assaults a given Muslim territory, it becomes incumbent upon all its residents to fight against them to the extent that a woman should go out even without the consent of her husband, a son can go too without the permission of his parent, a slave without the approval of his master, and the employee without the leave of his employer. This is a case where obedience should not be given to anyone in something that involves disobedience to Allah, according to a famous juristic rule.<BR>. . .<BR>
In classical [[Sharia|Islamic law]] (''sharia''), the term refers to armed struggle against any [[Kafir (Infidel)]],<ref name="OEIP">{{cite web|first1=Rudolph|last1=Peters|first2=David|last2=Cook|title=Jihād|encyclopedia=The Oxford Encyclopedia of Islam and Politics|location=[[Oxford]] |publisher=[[Oxford University Press]]|year=2014|url=http://www.oxfordislamicstudies.com/article/opr/t349/e0057|isbn=9780199739356|access-date=24 January 2017|archive-url=https://web.archive.org/web/20170123114402/http://www.oxfordreference.com/view/10.1093/acref:oiso/9780199739356.001.0001/acref-9780199739356-e-0263|archive-date=23 January 2017|url-status=live}}</ref><ref name="EI2">{{cite web |author-last=Tyan |author-first=E. |year=1965 |title=D̲j̲ihād |editor1-last=Bosworth |editor1-first=C. E. |editor1-link=Clifford Edmund Bosworth |editor2-last=van Donzel |editor2-first=E. J. |editor2-link=Emeri Johannes van Donzel |editor3-last=Heinrichs |editor3-first=W. P. |editor3-link=Wolfhart Heinrichs |editor4-last=Lewis |editor4-first=B. |editor5-last=Pellat |editor5-first=Ch. |editor5-link=Charles Pellat |editor6-last=Schacht |editor6-first=J. |editor6-link=Joseph Schacht |encyclopedia=[[Encyclopaedia of Islam#2nd edition, EI2|Encyclopaedia of Islam, Second Edition]] |location=[[Leiden]] |publisher=[[Brill Publishers]] |volume=2 |isbn=978-90-04-16121-4}}</ref> while [[w:Islamic modernism|modernist Islamic scholars]] generally equate military ''jihad'' with defensive warfare.<ref name="hallaq334">{{cite book|title=Sharī'a: Theory, Practice, Transformations|author=Wael B. Hallaq|publisher=Cambridge University Press (Kindle edition)|year=2009|pages=334–38}}</ref><ref>{{Cite book|first=Rudolph|last=Peters|year=2015|title=Islam and Colonialism: The Doctrine of Jihad in Modern History|publisher=De Gruyter Mouton|url=https://www.degruyter.com/view/product/6260|via=[[De Gruyter]]|url-access=subscription|page=124|isbn=9783110824858|access-date=24 January 2017|archive-url=https://web.archive.org/web/20161025124838/https://www.degruyter.com/view/product/6260|archive-date=25 October 2016|url-status=live}}</ref> In [[w:Sufi|Sufi]] and pious circles, spiritual and moral jihad has been traditionally emphasized under the name of ''greater jihad''.<ref name="DeLong-Bas 2018"/><ref name=ER>{{cite web|author=Rudolph Peters|title=Jihad|editor=Lindsay Jones|encyclopedia=Encyclopedia of Religion|edition=2nd|publisher=MacMillan Reference|year=2005|volume=7|page=4917}}</ref><ref name=EI2/> The term has gained additional attention in recent decades through its use by various [[w:insurgent|insurgent]] [[w:Islamic extremism|Islamic extremist]], [[w:militant|militant]] [[w:Islamism|Islamist]], and [[w:Islamic terrorism|terrorist]] individuals and organizations whose ideology is based on the Islamic notion of ''jihad''.<ref name="DeLong-Bas 2018">{{cite web |author-last=DeLong-Bas |author-first=Natana J. |author-link=Natana J. DeLong-Bas |date=22 February 2018 |origyear=10 May 2017 |title=Jihad |encyclopedia=Oxford Bibliographies – Islamic Studies |location=[[Oxford]] |publisher=[[Oxford University Press]] |url=http://www.oxfordbibliographies.com/view/document/obo-9780195390155/obo-9780195390155-0045.xml |url-access=limited |url-status=live |archive-url=https://web.archive.org/web/20160629215212/http://www.oxfordbibliographies.com/view/document/obo-9780195390155/obo-9780195390155-0045.xml |archive-date=29 June 2016 |access-date=25 October 2021}}</ref><ref name="Badara 2017">{{cite journal |last1=Badara |first1=Mohamed |last2=Nagata |first2=Masaki |date=November 2017 |title=Modern Extremist Groups and the Division of the World: A Critique from an Islamic Perspective |journal=[[Arab Law Quarterly]] |location=[[Leiden]] |publisher=[[Brill Publishers]] |volume=31 |issue=4 |doi=10.1163/15730255-12314024 |doi-access=free |issn=1573-0255 |pages=305–335}}</ref><ref name="Cook 2015">{{cite book |last=Cook |first=David |author-link=David Cook (historian) |year=2015 |origyear=2005 |chapter=Radical Islam and Contemporary Jihad Theory |chapter-url=https://books.google.com/books?id=SqE2DwAAQBAJ&pg=PA93 |title=Understanding Jihad |location=[[Berkeley, California|Berkeley]] |publisher=[[University of California Press]] |edition=2nd |pages=93–127 |isbn=9780520287327 |jstor=10.1525/j.ctv1xxt55.10 |lccn=2015010201}}</ref><ref name="Jalal 2009">{{cite book |last=Jalal |first=Ayesha |author-link=Ayesha Jalal |year=2009 |chapter=Islam Subverted? Jihad as Terrorism |title=Partisans of Allah: Jihad in South Asia |location=[[Cambridge, Massachusetts]] |publisher=[[Harvard University Press]] |pages=239–240 |isbn=9780674039070 |s2cid=152941120}}</ref>
As for the point that carrying out this operation may involve woman’s travel from place to another without a Mahram, we say that a woman can travel to perform Hajj in the company of other trustworthy women and without the presence of any Mahram as long as the road is safe and secured. Travel, nowadays, is no longer done through deserts or wilderness, instead, women can travel safely in trains or by air.


Concerning the point on Hijab, a woman can put on a hat or anything else to cover her hair. Even when necessary, she may take off her Hijab in order to carry out the operation, for she is going to die in the Cause of Allah and not to show off her beauty or uncover her hair. I don’t see any problem in her taking off Hijab in this case.}}
==References==
==References==
{{Reflist|30em}}
{{Reflist|30em}}

Revision as of 20:47, 20 January 2022

Under construction icon-yellow.svg

This article or section is being renovated.

Lead = 2 / 4
Structure = 3 / 4
Content = 3 / 4
Language = 3 / 4
References = 3 / 4
Lead
2 / 4
Structure
3 / 4
Content
3 / 4
Language
3 / 4
References
3 / 4


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.

Jews and Christians were required to pay the jizyah while pagans were required to either accept Islam or die.[1] Upon payment of the tax (jizya), the dhimmi would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam - failure to produce an up-to-date jizya receipt on the request of a Muslim could result in death or forced conversion to Islam of the dhimmi in question[2].

Jihad in the Qur'an and Sunnah

Jihad in the Qur'an

The words "jihad" and "fighting" (قتال--Qitaal) appear frequently in the Qur'an. According to the traditional exegeses of the Qur'an in Sunni Islam, the first verse "revealed" to Muhammad about fighting is in surat-al-hajj (surah 22) verse 39:

أُذِنَ لِلَّذِينَ يُقَٰتَلُونَ بِأَنَّهُمْ ظُلِمُوا۟ ۚ وَإِنَّ ٱللَّهَ عَلَىٰ نَصْرِهِمْ لَقَدِيرٌ


Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory.

A number of other prominent verses in the Qur'an deal with jihad and fighting the unbelievers. Amongst the most prominent of these verses is the "verse of the sword" from surat-at-taubah (surah 9), verse 5:

فَإِذَا ٱنسَلَخَ ٱلْأَشْهُرُ ٱلْحُرُمُ فَٱقْتُلُوا۟ ٱلْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ وَخُذُوهُمْ وَٱحْصُرُوهُمْ وَٱقْعُدُوا۟ لَهُمْ كُلَّ مَرْصَدٍ ۚ فَإِن تَابُوا۟ وَأَقَامُوا۟ ٱلصَّلَوٰةَ وَءَاتَوُا۟ ٱلزَّكَوٰةَ فَخَلُّوا۟ سَبِيلَهُمْ ۚ إِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ


And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and give zakah, let them [go] on their way. Indeed, Allah is Forgiving and Merciful.

This verse has been interpreted by numerous mufassiruun as the Qur'an and the prophet Muhammad's final revelation on the subject of jihad. In the words of the preeminent mufassir ibn Kathir:

وَهَذِهِ الْآيَةُ الْكَرِيمَةُ هِيَ آيَةُ السَّيْفِ الَّتِي قَالَ فِيهَا الضَّحَّاكُ بْنُ مُزَاحِمٍ: إِنَّهَا نَسَخَتْ كُلَّ عَهْدٍ بَيْنَ النَّبِيِّ(٩) ﷺ وَبَيْنَ أَحَدٍ مِنَ الْمُشْرِكِينَ، وَكُلَّ عَهْدٍ، وَكُلَّ مُدَّةٍ.


This holy verse is the verse of the sword, which Dahaak bin Muzaahim said of it "Verily it has withdrawn ever covenant/treaty between the prophet, Allah's prayer and peace be upon him, and between any mushrik (polytheist/non-muslim), every covenant and every bond of aide."
Tafsir ibn Kathir on surah 9:5

Al-Qurtabi has this to say

...فَاقْتُلُوا الْمُشْرِكِينَ﴾ عَامٌّ فِي كُلِّ مُشْرِكٍ، لَكِنَّ السُّنَّةَ خَصَّتْ مِنْهُ مَا تَقَدَّمَ بَيَانُهُ فِي سُورَةِ "الْبَقَرَةِ"(٣) مِنَ امْرَأَةٍ وَرَاهِبٍ وَصَبِيٍّ وَغَيْرِهِمْ﴿ حَيْثُ وَجَدْتُمُوهُمْ﴾ عَامٌّ فِي كُلِّ مَوْضِعٍ﴿...


"Fight the unbelievers" meaning: a general decree concerning every mushrik (polytheist/unbeliever). But the Sunnah has narrowed its application in the declaration of surat-al-baqarah (surah 2) verse 3, excluding women, monks, children and other (non-combatants)......"Wherever you find them" meaning: a general decree for all places
Tafsir of Al-Qurtabi on surah 9:5

Classical Islamic theology thus sees the sword verse as a general injunction for never-ending holy war against all unbelievers until the day of judgement. The Muslim state, the ummah, is to pursue this holy war against all oppenents until the religion, all of it, is to Allah (Quran 8:39). Those who shirk their duty to pursue jihad will face a terrible punishment in the hereafter (Quran 9:81) (Quran 48:16). For those who do go on jihad and die in Allah's cause, a great reward awaits them (Quran 3:157). Those who are left alive after the mujaahideen die in combat with the unbelievers should not mourn them, for they are yet alive with Allah in paradise enjoying pleasures beyond human comprehension (Quran 3:169). The Qur'an also has practical advice for the believers on war with the infidels. There are verses dealing with the exemptions of various types of people to jihad (Quran 9:91) (Quran 48:17), fighting during the holy months (Quran 2:217), fighting in the territory of Mecca (Quran 2:191), prisoners of war (Quran 47:4), safe conduct (Quran 9:6), and truces with the enemy (Quran 8:61).

In addition to the sword verse, another very important verse in the theology and jurisprudence of jihad is the verse of Jizya, surat-at-taubah (surah 9) verse 29:

قَٰتِلُوا۟ ٱلَّذِينَ لَا يُؤْمِنُونَ بِٱللَّهِ وَلَا بِٱلْيَوْمِ ٱلْءَاخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ ٱللَّهُ وَرَسُولُهُۥ وَلَا يَدِينُونَ دِينَ ٱلْحَقِّ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حَتَّىٰ يُعْطُوا۟ ٱلْجِزْيَةَ عَن يَدٍ وَهُمْ صَٰغِرُونَ


Fight those who believe not in Allah nor the Last Day, nor hold forbidden that which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizyah with willing submission, and feel themselves subdued.

Along with the sword verse cited above, Muslim scholars and jurists have considered these verses as commands to never-ending offensive jihad against all the infidels of the world forever until the day of judgement. The above jizya verse is also the basis of the Dhimma and the tax of the Jizyah, the systems of financial and social apartheid to be instituted against Jews and Christians (and also Zoroastrians) in order to secure the supremacy of Islam in the Dar al-Harb


Jihad in the Hadith

Jihad in Early Islam

Jihad in Classic Islamic Law

Offensive Jihad

According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.[3]

Defensive Jihad

Jihad in Later Islamic Sources

Jihad in Modern Islam

In classical Islamic law (sharia), the term refers to armed struggle against any Kafir (Infidel),[4][5] while modernist Islamic scholars generally equate military jihad with defensive warfare.[6][7] In Sufi and pious circles, spiritual and moral jihad has been traditionally emphasized under the name of greater jihad.[8][9][5] The term has gained additional attention in recent decades through its use by various insurgent Islamic extremist, militant Islamist, and terrorist individuals and organizations whose ideology is based on the Islamic notion of jihad.[8][10][11][12]

References

  1. "Islam", Encyclopedia Britannica, New York, 17 August 2021, https://www.britannica.com/topic/Islam. 
  2. Yeʼor, B. The decline of Eastern Christianity under Islam. Madison, NJ: Fairleigh Dickinson University Press. p. 79, 2011. 
  3. Military Operations in the Era of Prophet Mohammed (SAW) - military.hawarey.org
  4. Peters, Rudolph; Cook, David, "Jihād", Oxford: Oxford University Press, ISBN 9780199739356, 2014, http://www.oxfordislamicstudies.com/article/opr/t349/e0057. 
  5. 5.0 5.1 Bosworth, C. E.; van Donzel, E. J.; Heinrichs, W. P. et al., eds, (1965), "D̲j̲ihād", Leiden: Brill Publishers, ISBN 978-90-04-16121-4, 1965. 
  6. Wael B. Hallaq. Sharī'a: Theory, Practice, Transformations. Cambridge University Press (Kindle edition). pp. 334–38, 2009. 
  7. Peters, Rudolph. Islam and Colonialism: The Doctrine of Jihad in Modern History. De Gruyter Mouton. p. 124. ISBN 9783110824858, 2015. https://www.degruyter.com/view/product/6260. 
  8. 8.0 8.1 "Jihad", Oxford: Oxford University Press, 22 February 2018 [10 May 2017], http://www.oxfordbibliographies.com/view/document/obo-9780195390155/obo-9780195390155-0045.xml. 
  9. Rudolph Peters, "Jihad", In Lindsay Jones, MacMillan Reference, p. 4917, 2005. 
  10. "Modern Extremist Groups and the Division of the World: A Critique from an Islamic Perspective" (November 2017). Arab Law Quarterly 31 (4): 305–335. Leiden: Brill Publishers. doi:10.1163/15730255-12314024. ISSN 1573-0255. 
  11. Cook, David. "Radical Islam and Contemporary Jihad Theory". Understanding Jihad (2nd ed.). Berkeley: University of California Press. pp. 93–127. ISBN 9780520287327. JSTOR 10.1525/j.ctv1xxt55.10. LCCN 2015010201, 2015 [2005]. https://books.google.com/books?id=SqE2DwAAQBAJ&pg=PA93. 
  12. Jalal, Ayesha. "Islam Subverted? Jihad as Terrorism". Partisans of Allah: Jihad in South Asia. Cambridge, Massachusetts: Harvard University Press. pp. 239–240. ISBN 9780674039070, 2009.