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 fitnas (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. According to the first letter of 'Urwa b. al-Zubayr, the believers first migrated to Abyssinia before returning to Mecca, and later migrated to Medina due to what he calls ''al-fitnah al-ūlā'' and ''al-fitnah al-akhira'' (the first and final trials of persecution), respectively. Similar terminology was used in later decades to describe the Islamic civil wars in the early decades after Muhammad's death.


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.


====Early fighting verses====
====Early fighting verses====
There was a consensus among commentators that {{Quran|2|217}} was revealed following a caravan raid which was controversial in terms of whether or not the sacred months in which fighting was prohibited had finished.<ref>Reuven Firestone, ''Jihad'' p. 57</ref> This raid was the first expedition mentioned by 'Urwa b. al-Zubayr in his letters about the early history of Islam. These letters are regarded as an important early source and the relevant letters are summarised in a later section in this article. In that verse, the Quran justifies killing in the sacred months in the context of the "fitna" (oppression) and forced migration of the believers to Medina.
There was a consensus among commentators that {{Quran|2|217}} was revealed following a caravan raid which was controversial in terms of whether or not the sacred months in which fighting was prohibited had finished.<ref>Reuven Firestone, ''Jihad'' p. 57</ref> This raid was the first expedition mentioned by 'Urwa b. al-Zubayr in his letters about the early history of Islam. These letters are regarded as an important early source and the relevant letters are summarised in a later section in this article. In that verse, the Quran justifies killing in the sacred months in the context of the "fitna" (trial of oppression) and forced migration of the believers to Medina.


There was considerable discussion about the scope of the obligation to fight mentioned in the previous verse, Q 2:216, especially on whether it was a collective obligation (fard kifiya) that could be met by just a group of believers without involving everyone. In this regard, {{Quran|9|122}} was also a key verse ("And the believers should not all go out to fight [...]").<ref>Reuven Firestone, ''Jihad'' pp. 60-61</ref>
There was considerable discussion about the scope of the obligation to fight mentioned in the previous verse, Q 2:216, especially on whether it was a collective obligation (fard kifiya) that could be met by just a group of believers without involving everyone. In this regard, {{Quran|9|122}} was also a key verse ("And the believers should not all go out to fight [...]").<ref>Reuven Firestone, ''Jihad'' pp. 60-61</ref>
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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 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.  
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 this context 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 here refers to oppression.  


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).
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).
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