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This work is licensed under a Creative Commons License.
Jus ad bellum (why to go to war)? Printable Version PRINTABLE VERSION
by Khalid, Afghanistan Feb 16, 2007
Peace & Conflict   Opinions

  


The misconception primarily is the result of a tradition which is usually presented as a prove for continued jihad امرت ان اقاتل الناس حتى يقولوا لا اله الا الله as a clarification it is necessary to say that, this tradition is not a general because of the "ال" attached with "الناس" which makes it for specialization or ال التبعيض so the tradition is about the infidels of Mecca. Why they are killed till they become Muslims? The answer could be found in another tradition of the holy prophet PBUH "لا يجتمع دينان فى جزيرة العرب" followers of two religions cant live in Arabian Peninsula, therefore the infidels of Mecca had to become Muslims.

Again, it is a privilege of Arabic language that its every verb has some special characteristics. Muqatala “مقاتلة (war) is derived from the verb-class of mufa’ala مفاعلة and the characiristics of this class is that it is used for a two-party acts. Like مشاجرة، مناقشة، مصافحة، مكالمه، etc. all of the named acts take place between two or more parties. The same is with مقاتلة it must be between two or more parties, when Allah almighty said وقاتلوا فى سبيل الله الذين يقاتلونكم و لا تعتدوا and fight with those who fight with you and don’t exaggerate, It is inferred that Muslims will fight those who fight them and will not commence the war, it is the basis of Islamic jus ad bellum.

The second part of the verse elaborates the modern rule jus in Bello when it says “and don’t exaggerate”, Ibn-u-Abbas said don’t kill non-combatants, in other words the women, elders, children, POWs and priests. So according to the verse the Muslims should not go to war accept in when they are to defend themselves and must also follow the rules in the war so should not kill the prohibited categories. When it is known that qital is only for those who can fight, we can easily say that cause of jihad is not mere Kufr. Because of it was kufr, women were the best option to be killed first in order to stop the kafir generations from taking birth, then the children and then the combatants. Second argument for denying the cause to be mere kufr, is that when the prophet said about a dead woman "ما كانت هذه لتقاتل" she was not supposed to fight, he impliedly meant to say that because she cant fight, she must not be killed. Therefore when we are prohibited from killing women and children means Kufr is not the cause but it is the war or Muqatala.

Going a bit forward, POWs are not supposed to be killed, and those who fed them are appreciated by Allah almighty when he said "و يطعمون الطعام على حبه مسكينا و يتيما و اسيرا" and they fed poor, orphans and POWs on their own will. If kufr was the cause of jihad, why Allah almighty appreciated them for feeding them?

Islamic state must be according to all Muslim jurists a welfare state, just imagine if a state is busy with non-Muslim states for 12 months a year in wars, could the inhabitant Muslims see a bright peaceful day? Could they have time for their education? Would they be able to enjoy modern health facilities? So, if we use the minor and major premises in order to get a result, it will come wrong, Islam is a welfare state (with all the modern facilities)+ Muslim state must fight war with all non-Muslims= ? Islam is religion of peace or war? You see, we face a major problem.

As a result of the discussion we should understand that our relations with non-Muslims are normally peaceful but if any aggression takes place.

Now, let’s discuss the verses of the holy Qur’an regarding jihad.

As a matter of fact the verses in the holy Qura’n are of two types:
Absolute verses which command the continuous war with non-Muslims and demand killing them.
Conditional verses which relates the war with another situations, such as aggression against the Muslims and their religion.

To talk expressly, in tauba Allah almighty said: “فَاقْتُلُوا الْمُشْرِكِينَ حَيْثُ وَجَدْتُمُوهُمْ وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُوا لَهُمْ كُلَّ مَرْصَدٍ" and kill the infidels wherever you found them…, then said “قَاتِلُوهُمْ يُعَذِّبْهُمُ اللَّهُ بِأَيْدِيكُمْ” and a lot more.

But certain other verses are such from which it could be inferred that all the non-Muslims are not liable to be killed. Allah almighty said “لَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ"

A tradition reported by Abdullah bin Abi Aufa, لَا تَتَمَنَّوْا لِقَاءَ الْعَدُوِّ وَسَلُوا اللَّهَ الْعَافِيَةَ فَإِذَا لَقِيتُمُوهُمْ فَاصْبِرُوا وَاعْلَمُوا أَنَّ الْجَنَّةَ تَحْتَ ظِلَالِ السُّيُوفِ" “and don’t desire to see your enemy and pray for peace from Allah…”







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Khalid


Khalid, Afghanistan, Kabul.
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