Download Jihad and its Meanings

JIHAD:
Its Origins and Rules
Observation

Jihad holds a prominent place in Islam. That is
why there is an intense struggle between
militants and their opponents to specify what
jihad really means.

Jihad the word can be found in the Quran and
the traditions of the Prophet; but jihad the
doctrine was fully developed in the late 8th
century, more than a century and a half after the
death of the Prophet Muhammad.
Questions

What is Jihad?

How did classical Islamic jurists derive a doctrine of jihad from the
Quran and traditions?

Who are the targets of Jihad in the classical doctrine?

Does jihad sanction the killing of civilians?

Who should wage a jihad?

Are jihadists today within the classical tradition or have they hijacked
the word?
What is Jihad?

Jihad ≠ “holy war.” Jihad means “to strive, exert oneself, or take
extraordinary pains.”

In the Quran, the word is mentioned 41 times, but only 10 of those
refer unambiguously to warfare. Mostly, it refers to disputation with
the unbelievers.

The Quran refers to warfare using other terms such as harb (war),
qital (fighting) and ribat (defensive fighting).

Therefore, jihad is more than warfare, but it does not exclude
warfare.
Jihad the Doctrine

Jihad as a doctrine was developed by
classical Islamic jurists long after the
formative phase of Islam passed.

Jihad the doctrine developed when the
Muslim empire was rapidly expanding and
during the height of its relative power visà-vis the Byzantine and Sassanid
empires.

Jihad the doctrine was heavily influenced
by pre-Islamic tribal traditions of raiding
(ghazwa).
Brief History of Islam in Mecca and Medina

610-622 ~ Muhammad and early Muslim converts preach monotheism
in Mecca; they are ridiculed, persecuted, tortured, and some are killed.

622 ~ Muhammad and his followers emigrate (hijra) to Medina to avoid
further persecution.

624-630 ~ Muhammad, the Muslim immigrants (Muhajiroun) and their
supporters in Medina (Ansar) wage a series of raids and battles against
the people of Mecca.

630 ~ Muhammad conquers Mecca and subdues the tribes that initially
persecuted him and his followers.
How Did the Doctrine Develop?

To understand how classical jurists formulated the doctrine of jihad, we
have to first understand the textual problems they encountered.

The Quran presents three seemingly contradictory commands
regarding jihad.

In the first 12 years (610-622), God commands the Prophet to engage
in argumentation with the unbelievers, but avoid direct confrontation
and even turn away from them if they are aggressive.

In the next 10 years (622-632), God commands the Prophet to fight
back in self-defense and later instructs him to go on the offensive.
Phase 1: The Pacifist Phase (610-622)

Q15: 94-95: “Profess openly what you have been commanded,
and turn away from the idolaters, for We are sufficient for you
against the scoffers.”

Q10:99: “And if thy Lord had willed, whoever is in the earth would
have believed, all of them, all together. Wouldst thou then constrain
the people, until they are believers?”

Q2:256: “No compulsion is there in religion.”

Q88: 21-26: “Therefore do remind, for you are only a reminder. You
are not a warden over them…”
Phase 2: Self-Defense (622-c.628)

Q22: 39: “Permission is given to those who fight because they have
been wronged – God is Most Powerful for their aid – those who have
been unjustly expelled from their homes only because they say: ‘Our
Lord is God.”

Q2: 190: “Fight in the path of God those who fight you, but do not
transgress limits, for God does not love transgressors.”
Phase 3: Offensive Jihad (c.628)

Q2: 191: “Kill them wherever you find them and turn them out from
where they have turned you out, for (fitna) persecution is worse than
killing.”

Q2: 193: “Fight them until there is no persecution and the religion
becomes God’s, but if they cease, let there be no hostility except
against the oppressors.”

Q9: 5: “When the sacred months are past, kill the idolaters wherever
you find them, and seize them, besiege them, and lie in wait for them in
every place of ambush; but if they repent, pray regularly, and give the
alms tax, then let them go their way, for God is forgiving, merciful.”
How Did the Doctrine Develop?
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How should one interpret these “contradictory” verses?

The consensus view of the classical jurists is that the later and more
aggressive verses of the Quran “abrogate” the earlier and less
aggressive verses.

The earlier verses are treated as “historically contingent” … while the
later verses are permanent.
The Modernist Critique

Islamic modernists argue that the theory of abrogation does not do
justice to God’s commands.

Islamic modernists insist on a “holistic” reading of the Quran, whereby
commands in some verses place conditions or constraints on other
verses.

They conclude that the more aggressive verses concerning jihad that
came later are the ones that are “historically contingent” … while the
earlier verses reflect the true will of God and, therefore, are the eternal
ones.
Why Did the Aggressive View Prevail?

Muslims were powerful, so they could benefit from a doctrine that
allowed them to raid and conquer.

Doctrine reflects tribal culture in which war was both an activity and a
condition of life. Only sacred months and treaties removed the
condition of a state of war.

Doctrine reflects conditions in the world system at the time (even realist
view of the world today). Empires and states were in constant fear of
domination by others. They went on the offensive to prevent others
from gaining an upper hand in the future.

Spreading Islam was not intended to convert people by force but rather
to bring potential adversaries to submit to the authority of Muslims
while the conquered people were free to practice their religion.
Who are the Targets of Jihad?

In the classical tradition, jihad can only be waged against non-Muslims
(including “People of the Book.”)

Jihad, however, is not about a “surprise attack.” Rather, the leader of
the Muslims must raise an army and give the opposing side three
choices:
 Accept
in the authority of the Muslims and pay the alms tax (jizya)
to show subordination to a Muslim governor.
 Convert
Islam).
 Refuse
to Islam and become part of the “Abode of Islam” (dar al-
the first two options and bear the consequences of warfare.
Does Jihad Sanction Killing Civilians?

Generally speaking, No.
 Q2:190: “Fight in the path of God those who fight you, but do not
transgress limits, for God does not love transgressors” is
generally interpreted as a limitation on killing of non-combatants
or those that cannot fight, such as women, children, elderly, and
monks.

Prophetic tradition: “Do not cheat or commit treachery, nor should
you mutilate or kill children, women, or old men.”

However, some circumstances such as the “night raid” permit the
killing of civilians (i.e. collateral damage).

Also, it is permissible to kill civilians if they give direct aid to the
combatants (money, weapons, shelter, etc).
Who Should Wage a Jihad?

In classical Islam, jihad can only be waged by the leader of the umma
(Muslim community). Absent an imam, offensive jihad cannot take
place.

Jihad in classical Islam is fard kiffaya (collective obligation); if a
sufficient number of Muslims step forward, then the rest are not
obligated to engage in jihad.

However, if the threat is severe and the existing Muslim army is
insufficient to repel an invading army, then Jihad becomes fard `ayn
(individual obligation) on every Muslim.

Jihad as fard `ayn (individual obligation) is only in defensive
circumstances.
Are Today’s Jihadists within the Tradition?

Yes and No.

Yes…The emphasis on the aggressive verses and downplaying of the
non-violent verses is within the classical tradition.

Yes…The emphasis on the jihad of the sword as being of higher value
than jihad of the soul is within the classical tradition.

Yes…The emphasis on the necessity of universal Islamic hegemony
and dividing the world into dar al-harb (House of War) and dar al-Islam
(House of Islam/Peace) is within the classical tradition.
Are Today’s Jihadists within the Tradition?

No…The jihadists today fight Muslim governments, which was rejected
as fitna by most classical jurists (except Ibn Taymiyah).

No…The jihadists today are fighting without an agreed upon imam,
which was a key requirement for the classical jurists.

No…The jihadists today kill civilians without concern for avoiding harm
to non-combatants.

No…Insistence that jihad is fard `ayn (individual obligation) is
problematic when there is no clear situation of aggression.