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, and according to early tradition (especially the first letter of 'Urwa b. al-Zubayr), previously migrated to Abyssinia following the first and second fitna (persecutions), respectively.
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, and according to early tradition (especially the first letter of 'Urwa b. al-Zubayr), previously migrated to Abyssinia following the first and second fitnas (persecutions), respectively.


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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217 They ask you about the sacred month - about fighting therein. Say, "Fighting therein is great [sin], but averting [people] from the way of Allah and disbelief in Him and [preventing access to] al-Masjid al-Haram and the expulsion of its people therefrom are greater [evil] in the sight of Allah. And fitnah is greater than killing." And they will continue to fight you until they turn you back from your religion if they are able. And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever - for those, their deeds have become worthless in this world and the Hereafter, and those are the companions of the Fire, they will abide therein eternally.}}
217 They ask you about the sacred month - about fighting therein. Say, "Fighting therein is great [sin], but averting [people] from the way of Allah and disbelief in Him and [preventing access to] al-Masjid al-Haram and the expulsion of its people therefrom are greater [evil] in the sight of Allah. And fitnah is greater than killing." And they will continue to fight you until they turn you back from your religion if they are able. And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever - for those, their deeds have become worthless in this world and the Hereafter, and those are the companions of the Fire, they will abide therein eternally.}}


===="And fight them until persecution is no more, and religion is for Allah."====
===="Fight them until persecution is no more, and the religion is for Allah"====
Q 2:190-94 is regarded as a particularly important passage in terms of the principles for fighting.
Q 2:190-94 is regarded as a particularly important passage in terms of the principles for fighting.
   
   
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Mohammad Khalil in his academic book on Jihad describes the views of medieval commentators as well as modern interpretations of the key verses.<ref>Mohammad Hassan Khalil, ''Jihad, Radicalism and the New Atheism'', Cambridge: Cambridge University Press, 2017</ref> Khalil notes that the conditional instruction to end hostilities when the enemies "cease" in Q 2:193 was reinterpreted by medieval exegetes to mean that they have ceased not only fighting but also their disbelief.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 12</ref>  
Mohammad Khalil in his academic book on Jihad describes the views of medieval commentators as well as modern interpretations of the key verses.<ref>Mohammad Hassan Khalil, ''Jihad, Radicalism and the New Atheism'', Cambridge: Cambridge University Press, 2017</ref> Khalil notes that the conditional instruction to end hostilities when the enemies "cease" in Q 2:193 was reinterpreted by medieval exegetes to mean that they have ceased not only fighting but also their disbelief.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 12</ref>  


This was in line with their interpretation that mere disbelief could qualify as "fitna". Javad Hashmi, an Islamic modernist and academic, notes the defensive principles apparent in the passage, and argues that in the Quran 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="HashmiPart12hr14to22">[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 14 to 22minutes)</ref> {{Quran-range|8|34|39}} quoted below seems also to support the interpretation that fitna 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 the Quran 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 refers to oppression.  


Medieval commentators such as al-Tabari interpreted 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 such as Ibn Hajar, author of the famous Fath al-Bari commentary on the Sahih al-Bukhari hadith collection, interpreted this hadith in a limited sense specific to the situation in Mecca and the need to fight the oppression taking place from there. 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 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 "religion is for Allah" in 2:193 and "religion is all 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 include pagan gods alongside their worship of Allah. His interpretation is one also mentioned by al-Tabari and Ibn Ishaq. The preceding verses, Q 8:34-38 arguably support this view better than they do the traditional interpretation. <ref name="HashmiPart12hr14to22" /> 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. It may similarly 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.
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. The preceding verses, Q 8:34-38 arguably support this view better than they do the traditional interpretation. <ref name="HashmiPart1-2hr12to22" /> 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. 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.


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


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, discussed above (in that passage emnity is only against oppressors - Q 2:193). 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 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 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]].


Examples of later scholars who held the abrogationist-expansionist view are Ibn Kathir and al-Qurtubi:
Here are some views on the verse in the classical commentaries of Ibn Kathir and al-Qurtubi:


{{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.
{{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.
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This holy verse is the verse of the sword, which Dahaak bin Muzaahim said of it "Verily it has withdrawn every 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."}}
This holy verse is the verse of the sword, which Dahaak bin Muzaahim said of it "Verily it has withdrawn every 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."}}


Al-Qurtabi has this to say  
Al-Qurtubi has this to say  


{{Quote|Tafsir of Al-Qurtabi on surah 9:5|
{{Quote|Tafsir of Al-Qurtubi 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﴿
...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﴿...
حَيْثُ وَجَدْتُمُوهُمْ﴾ عَامٌّ فِي كُلِّ مَوْضِعٍ﴿...
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