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CSS 2020Islamic StudiesQ. 5

Discuss in detail the principles and terms & conditions for "Jihad" in the light of Quran and Sunnah.

By CSS Nexus Team ·

Original CSS 2016–2022 Islamic studies paper

This answer to the CSS 2020 Islamic Studies paper (Q. 5) was written by the CSS Nexus team. Read the outline first, then see how each point is developed.

Outline

  • 1. Introduction
  • 2. Meaning of Jihad
  • 3. Kinds of Jihad
  • 4. Stages of permission for fighting
  • 5. Principles and purposes of armed Jihad
  • 6. Terms and conditions
  • ✓Just cause
  • ✓Legitimate authority
  • ✓Respect for treaties
  • ✓Offer of peace
  • ✓Ability and proportion
  • 7. Rules of conduct
  • 8. Misuse of Jihad
  • 9. Conclusion

Answer

Introduction

Jihad is among the most misunderstood concepts in the modern world. Extremists use it to justify terrorism, while critics treat it as a synonym for holy war against non-Muslims. In the Quran and Sunnah, it is a much broader idea of striving in the way of Allah. Armed Jihad is only one form, permitted for specific purposes, under strict conditions and within firm moral limits.

Meaning of Jihad

Jihad comes from juhd, meaning effort or struggle. In the Islamic sense, it means to make every effort in the way of Allah, to overcome evil, and to promote what is right. The Arabic word for fighting is qital, which is narrower. Many of the Quran's references to Jihad, particularly in the Makkan period when fighting was not permitted, mean a moral struggle.

وَٱلَّذِينَ جَٰهَدُوا۟ فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا …

"And those who strive for Us, We will surely guide them to Our ways." (Al-Ankabut 29:69)

Kinds of Jihad

Kinds of Jihad

  • Jihad bin-Nafs: against one's own desires
  • Jihad bil-Ilm: through knowledge and the Quran
  • Jihad bil-Mal: through wealth
  • Jihad bil-Lisan: word of truth
  • Jihad bis-Sayf: armed struggle under law

Against the self

The Prophet ﷺ said: "The mujahid is one who strives against his own self in obedience to Allah" (Tirmidhi). A popular saying contrasting a "lesser" and a "greater" Jihad has a weak chain, but the concept is well supported elsewhere.

Through the Quran and knowledge

Allah told the Prophet ﷺ in Makkah to strive with the Quran "with a great striving" (Al-Furqan 25:52), at a time when no fighting was allowed.

Through wealth

Spending on the needy and on just causes.

By speech

"The best Jihad is a word of truth before a tyrannical ruler" (Abu Dawud, Tirmidhi).

Serving parents and pilgrimage

A man came to the Prophet ﷺ asking to join in Jihad, and was told to go and serve his parents, since this was his Jihad (Bukhari, Muslim). He also told Hazrat Aishah (RA) that for women, an accepted Hajj is among the best Jihad (Bukhari).

Stages of permission for fighting

In Makkah:

patience and no retaliation, for thirteen years.

After the Hijrah:

permission was given to those who were being attacked.

أُذِنَ لِلَّذِينَ يُقَٰتَلُونَ بِأَنَّهُمْ ظُلِمُوا۟ ۚ وَإِنَّ ٱللَّهَ عَلَىٰ نَصْرِهِمْ لَقَدِيرٌ

"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." (Al-Hajj 22:39)

Then:

fighting against those who fight, within limits.

وَقَٰتِلُوا۟ فِى سَبِيلِ ٱللَّهِ ٱلَّذِينَ يُقَٰتِلُونَكُمْ وَلَا تَعْتَدُوٓا۟ ۚ إِنَّ ٱللَّهَ لَا يُحِبُّ ٱلْمُعْتَدِينَ

"And fight in the way of Allah those who fight you, but do not transgress. Indeed, Allah does not like transgressors." (Al-Baqarah 2:190)

Some classical jurists believed later verses, such as in Surah At-Tawbah, allowed broader warfare, in a world where war between states was the norm. Other classical and many modern scholars, including Imam Abu Hanifah's school on the question of non-combatants, regarded hostility or aggression, and not disbelief alone, as the reason for fighting. Today, UN membership and treaties among states also bind Muslim countries.

Principles and purposes of armed Jihad

Defence against aggression

Muslims may defend themselves, their homeland and their people.

Protection of the oppressed

Muslims are urged to act for those who cry out for help.

وَمَا لَكُمْ لَا تُقَٰتِلُونَ فِى سَبِيلِ ٱللَّهِ وَٱلْمُسْتَضْعَفِينَ مِنَ ٱلرِّجَالِ وَٱلنِّسَآءِ وَٱلْوِلْدَٰنِ …

"And what is the matter with you that you fight not in the way of Allah and for the oppressed among men, women and children?" (An-Nisa 4:75)

Freedom of religion

Islam permits fighting to end persecution and protect all places of worship, not to force conversion, because no one can be compelled to believe (Al-Baqarah 2:256).

… وَلَوْلَا دَفْعُ ٱللَّهِ ٱلنَّاسَ بَعْضَهُم بِبَعْضٍۢ لَّهُدِّمَتْ صَوَٰمِعُ وَبِيَعٌۭ وَصَلَوَٰتٌۭ وَمَسَٰجِدُ يُذْكَرُ فِيهَا ٱسْمُ ٱللَّهِ كَثِيرًۭا …

"…And were it not that Allah checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues and mosques in which the name of Allah is much mentioned." (Al-Hajj 22:40)

Sincerity

When asked about those who fight for bravery, tribal pride or show, the Prophet ﷺ replied that only one who fights so that the word of Allah is highest is in the way of Allah (Bukhari, Muslim).

Terms and conditions

1. Just cause

There must be aggression, persecution, or serious violation of an agreement, not greed, national pride or personal revenge.

2. Legitimate authority

Declaring armed Jihad is for the state and not for private groups. The Prophet ﷺ said: "The leader is a shield, behind whom people fight" (Bukhari, Muslim). This principle is at the heart of the Paigham-e-Pakistan declaration of 2018.

3. Respect for treaties

Muslims cannot fight a people with whom they have a treaty, even to help other Muslims (Al-Anfal 8:72). Treachery is strictly forbidden.

… وَأَوْفُوا۟ بِٱلْعَهْدِ إِنَّ ٱلْعَهْدَ كَانَ مَسْـُٔولًۭا

"…And fulfil every commitment. Indeed, the commitment is ever that about which one will be questioned." (Al-Isra 17:34)

4. Offer of peace

War should be avoided if possible. When the other side inclines towards peace, Muslims must accept.

وَإِن جَنَحُوا۟ لِلسَّلْمِ فَٱجْنَحْ لَهَا وَتَوَكَّلْ عَلَى ٱللَّهِ ۚ إِنَّهُۥ هُوَ ٱلسَّمِيعُ ٱلْعَلِيمُ

"And if they incline to peace, then incline to it also and rely upon Allah. Indeed, it is He who is the Hearing, the Knowing." (Al-Anfal 8:61)

5. Prior notice

Commanders were told to offer alternatives before fighting (Muslim), and surprise attacks on those with treaties are unlawful.

6. Ability and proportion

Jurists require a reasonable prospect of success, and no greater harm than the harm being resisted. Rashly exposing people to destruction is condemned (Al-Baqarah 2:195).

7. Individual conditions

A soldier in voluntary service should be an adult, sane and physically fit. The Prophet ﷺ sent back those who were too young (Bukhari, Muslim). He also said that one who is in debt or caring for parents needs their consent or must fulfil the prior duty.

8. End of hostilities

Fighting must cease when the enemy stops.

وَقَٰتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌۭ وَيَكُونَ ٱلدِّينُ لِلَّهِ ۖ فَإِنِ ٱنتَهَوْا۟ فَلَا عُدْوَٰنَ إِلَّا عَلَى ٱلظَّٰلِمِينَ

"Fight them until there is no persecution and worship is for Allah. But if they cease, then there is to be no aggression except against the oppressors." (Al-Baqarah 2:193)

Rules of conduct

Non-combatants

The Prophet ﷺ forbade killing women and children (Bukhari, Muslim). He also forbade betrayal, mutilation and killing children (Muslim). Hazrat Abu Bakr (RA) instructed his commander Yazid ibn Abi Sufyan not to kill women, children or the elderly, not to cut down fruit trees, destroy buildings or kill animals except for food (Muwatta Malik). Monks in their places of worship were also to be spared.

Prisoners of war

Prisoners must be treated humanely, and fed (Al-Insan 76:8). They may be freed or ransomed (Muhammad 47:4).

The enemy seeking refuge

One who seeks protection must be given it and escorted to safety.

وَإِنْ أَحَدٌۭ مِّنَ ٱلْمُشْرِكِينَ ٱسْتَجَارَكَ فَأَجِرْهُ حَتَّىٰ يَسْمَعَ كَلَٰمَ ٱللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُۥ …

"And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety." (At-Tawbah 9:6)

Prohibition of torture

He forbade burning with fire (Bukhari) and tormenting living creatures. These rules, later systematised by Imam al-Shaybani, resemble many of the modern Geneva Conventions.

Misuse of Jihad

Groups such as TTP, Al-Qaeda and Daesh have called their attacks "Jihad". By Islamic standards, they fail on almost every count: no legitimate authority, attacks on civilians, breach of agreements with their own state, suicide attacks and declaring other Muslims to be unbelievers. Killing oneself is strictly forbidden (Bukhari, Muslim), as is killing those under treaty (Bukhari). The Quran condemns those who spread corruption in the land.

… مَن قَتَلَ نَفْسًۢا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍۢ فِى ٱلْأَرْضِ فَكَأَنَّمَا قَتَلَ ٱلنَّاسَ جَمِيعًۭا …

"…Whoever kills a soul, unless for a soul or for corruption in the land, it is as if he had slain mankind entirely." (Al-Ma'idah 5:32)

At the other extreme, some apologists deny that armed Jihad has any legitimate place. This is also inaccurate, since a people under aggression has a right to self-defence, as is recognised in international law, including Article 51 of the UN Charter. Freedom struggles, however, must be kept within the same moral limits.

Conclusion

Jihad means striving in the way of Allah, through self-discipline, knowledge, wealth, speech and, when necessary, armed defence. Armed Jihad requires a just cause, legitimate authority, respect for treaties, willingness to make peace, and strict protection of non-combatants and prisoners. Terrorism violates all these conditions. Pakistan and the Muslim world must recover the true meaning of this concept, so that its noble purpose is not stolen by those who kill in its name. The greatest need today is for Jihad against ignorance, injustice and corruption.

The writer can be reached at ma6749429@gmail.com

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