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The second part of the verse elaborates the modern rule jus in Bello (the conduct during the war) when it says “and don’t transgress”, Ibn-u-Abbas said don’t kill non-combatants, in other words the women, elders, children, POWs and priests.
وقوله: { وَلا تَعْتَدُوا إِنَّ اللَّهَ لا يُحِبُّ الْمُعْتَدِينَ } أي: قاتلوا في سبيل الله ولا تعتدوا في ذلك ويدخل في ذلك ارتكاب المناهي -كما قاله الحسن البصري -من المَثُلة، والغُلُول، وقتل النساء والصبيان والشيوخ الذين لا رأي لهم ولا قتال فيهم، والرهبان وأصحاب الصوامع، وتحريق الأشجار وقتل الحيوان لغير مصلحة،
“{But transgress not the limits. Truly, Allah likes not the transgressors} means: fight in the way of Allah and don’t transgress in doing so, it includes committing the prohibited acts-as Hassan al-Basri said- mutilating the bodies, killing women, children, elders who neither can advise in war nor can fight, priests and monks , ablazing trees and killing animals uselessly”.
So according to the verse the Muslims should not go to war accept when they are to defend themselves and must also follow the rules in the war; so should not kill the prohibited categories of humans.
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 and Muslims are not obliged to kill, rather fight, without a war being waged from non-Muslims. Because; if it they were obliged to subjugate and eliminate Kufr, women were the best option to be killed first in order to stop the kafir generation 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 or to be killed, 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 waged by non-Muslims.
Going a bit forward, POWs are not supposed to be killed, they must be treated humanely with respect and dignity, and those who fed them are appreciated by Allah almighty, he said in Surah-tul-Insan when he said "و يطعمون الطعام على حبه مسكينا و يتيما و اسيرا" (76:8)and they fed poor, orphans and POWs on their own consent/willingly. If Kufr was the cause of jihad, why Allah almighty appreciated them for feeding them? Will it not become contradictory if once he orders them to kill everybody, then appreciates them for humanely treating PoWs? This verse indicates that according to Islam a person could not be killed merely for being a non-Muslim.
Islamic state must, according to all Muslim jurists, be 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 premise in order to get a rational conclusion, it will prove wrong:
Let us claim, major premise: Islam is a welfare state (with all the modern facilities) + minor premise: Muslim state must fight with all non-Muslims= conclusion: X, what can we prove, Islam is religion of peace or war? You see, we face a major problem; we can’t call it a religion of peace because it calls for waging war against every one. Therefore, when the name of Islam is peace, it demands peace; we have to avoid war, except in defending the nation or religion. .
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 relate the effect (war) with a cause (aggression against Muslims, religion…).
To talk expressly, in Surah-e-Tauba Allah almighty said: “فَاقْتُلُوا الْمُشْرِكِينَ حَيْثُ وَجَدْتُمُوهُمْ وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُوا لَهُمْ كُلَّ مَرْصَدٍ" (9:5) and kill the infidels wherever you found them…, then said “قَاتِلُوهُمْ يُعَذِّبْهُمُ اللَّهُ بِأَيْدِيكُمْ” and a lot more.
Notwithstanding The fact that these verses are specific in relation to non-Muslims of Arabia and are not supposed to be used generally, if we accept that they are general; we have numerous other verses from which it is inferred easily that all the non-Muslims are not liable to be fought with. Allah almighty says “لَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ ان الله يحب المقسطين" (60: 9)
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Khalid
Khalid, Afghanistan, Kabul.
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Comments
jamal siddiqui | May 10th, 2007
you have rightly said...
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