Jihad in Islamic Law: Difference between revisions

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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. To scholars, this was 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.<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>.
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>.
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==Jihad in the Qur'an and Sunnah==
==Jihad in the Qur'an and Sunnah==
===Jihad in the Qur'an===
===Jihad in the Qur'an===
The words "jihad" and "fighting" (قتال--Qitaal) appear frequently in the Qur'an. In his academic book on this topic, Reuven Firestone documents in detail the traditional interpretations of such verses. Regarding the key fighting verses in general, Firestone notes the lack of consistent tradition in commentaries on how to interpret them, while the legal literature fits the verses into an evolutionary schema of increasing permission to fight, from defensive purposes all the way to aggressive warfare. Firestone himself considers the verses to be inconsistent and to reflect different factions of believers who sought to influence Muhammad with their views on fighting, noting the abundant evidence in the Quran itself that there were groups strongly disinclined to fight. Disregarding the traditional chronology of verses, which is inextricably tied to the evolutionary model of later interpretation, he groups verses according to these factions.<ref>Reuven Firestone, ''Jihad: The Origin of Holy War in Islam'', New York: Oxford University Press, 1999, pp. 64-69</ref>
The words "jihad" and "fighting" (قتال--Qitaal) appear frequently in the Medinan surahs of the Qur'an. In his academic book on this topic, Reuven Firestone documents in detail the traditional interpretations of such verses. Regarding the key fighting verses in general, Firestone notes the lack of consistent tradition in commentaries on how to interpret them, while the legal literature fits the verses into an evolutionary schema of increasing permission to fight, from defensive purposes all the way to aggressive warfare. Firestone himself considers the verses to be inconsistent and to reflect different factions of believers who sought to influence Muhammad with their views on fighting, noting the abundant evidence in the Quran itself that there were groups strongly disinclined to fight. Disregarding the traditional chronology of verses, which is inextricably tied to the evolutionary model of later interpretation, he groups verses according to these factions.<ref>Reuven Firestone, ''Jihad: The Origin of Holy War in Islam'', New York: Oxford University Press, 1999, pp. 64-69</ref>


Many modern academic scholars are influenced by the traditional evolutionary model regarding permission to fight, though other academics, as well as modernist Muslim scholars (from as early as the 19th century) and increasingly, Muslims scholars more widely are emphasising the Quran as the primary historical source for this period, which later historical material should be interpreted in light of rather than the other way around.
Many modern academic scholars are influenced by the traditional evolutionary model regarding permission to fight, though other academics, as well as modernist Muslim scholars (from as early as the 19th century) and increasingly, Muslims scholars more widely are emphasising the Quran as the primary historical source for this period, which later historical material should be interpreted in light of rather than the other way around.
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====Non-aggression / defensive principle====
====Non-aggression / defensive principle====
Khalil highlights Q 22:39-40 and Q 4:75 as early Medinan verses calling for fighting in self defence and the defence of others.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 9</ref> According to the traditional exegesis of the Qur'an in Sunni Islam (for example, Ibn Kathir), the first verse revealed to Muhammad about fighting was Q 22:39. In Q 22:40 even synagogues and churches as considered worthy of protection.
Khalil highlights Q 22:39-40 and Q 4:75 as early Medinan verses calling for fighting in self defence and the defence of others.<ref>Mohammad Hassan Khalil, ''Jihad'' p. 9</ref> According to the traditional exegesis of the Qur'an in Sunni Islam (for example, Ibn Kathir), the first verse revealed to Muhammad about fighting was Q 22:39. In Q 22:40 even synagogues and churches are considered worthy of protection.


{{Quote|{{Quran-range|22|39|40}}|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.<BR />
{{Quote|{{Quran-range|22|39|40}}|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.<BR />
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