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Islam Is Not an Unsheathed Sword

Answered as per Maliki Fiqh by BinBayyah.net

In this article we are going to point out one of the Islamic rulings concerning the concept of jihad and its practical applications.

Jihad could be a military action. There are military actions that are not jihad. Ibn Khaldun divided wars into four kinds according to their motives. He said that the origin of all wars is the desire of revenge. But two kinds of wars are transgression and turmoil: competitive war (expansive war) and transgressive war waged by brutal nations.

The other two kinds are just wars: one waged out of anger for the sake of Almighty Allah and His religion, which is the meaning of jihad, and the other waged against those who rebel against authorities, which is a war to safeguard the kingship as he called it.

In fact, the concept of jihad in Islam is not always synonymous with fighting. Jihad has a wider concept. It is a sort of defending the truth and a call to it. This is the first meaning. Almighty Allah said in the chapter of al-Furqan “Persevere in impelling them with this [Quran], with a mighty impelling”; that is, establish the compelling arguments and present to them the proofs one after the other. Obviously, reciting the Quran does not involve military actions. Hence, not every jihad is fighting and not every fighting is jihad. Jihad is also a call for freedom.

A group of people claimed that Islam is an unsheathed sword and a ready spear. But whoever revises the occasions of revelation and the history of the dispute between Islam and its enemies can understand that there is no contradiction between the verses that encourage fighting, such as the verse “Fight the idolaters, all together, just as all of them fight you. And know that Allah is with the God-fearing” which came down in the context of existing war, and the verses that define the purpose of fighting as defensive. Verses cannot be taken out of their universal contexts as Orientalists and their students attempt to do.

Using this logic Christianity can also be considered as a religion of war if we are to judge on the basis of verse 24 in Mathew chapter 10, which attributes to Jesus (peace be upon him) that he said “Do not think that I came to cast peace on earth. I did not come to cast peace but rather a sword.”

War in Islam is defensive, not to force people to embrace the religion. In a treaties about fighting Ibn Taymiyyah said “Regarding the wars that the Prophet (peace and blessings be upon him) engaged in with disbelievers (29 battles), it was the disbelievers who transgressed or were the direct or indirect cause. This asserts that the basic principle with disbelievers is peace not war. Were war the original principle, the Prophet (peace and blessings be upon him) would start fighting with them. The overwhelming narrations concerning his life reveal that he did not start fighting with anybody.”

Thus, jihad is defensive, according to Ibn Taymiyyah. This is what many Qur’anic verses indicate giving the compelling the reasons. One of them is injustice represented in expulsion from home and restriction on religious freedom “Permission is given to those who are being fought because they have been wronged.” Exegetes consider this verse as the first one concerning fighting. In his book on the Prophet’s biography, Ibn Hisham said about the occasional reason for sending it down: Before al-`Aqabah Pledge of Alliance, the Messenger of Allah (peace and blessings be upon him) was not permitted to wage war or shed blood. He was only commanded to call to the way of Allah, have patience with hurt, and pardon the belligerent. Quraysh had so oppressed his fellow émigrés testing their religion and expelling them from their countries that they had turned to be either oppressed for their religion, tortured at their hands, or fugitives in other countries. Some of them were in Ethiopia, others in Medina, and others elsewhere.

When Quraysh defied Almighty Allah, refused the honour he intended to give them, belied His Prophet (peace and blessings be upon him), tortured and expelled those who worshipped Him, professed His oneness, believed His Messenger, and kept hold to His religion, Almighty Allah gave permission to His Messenger (peace and blessings be upon him) to fight them and take revenge from those who wronged and oppressed them. Thus, the first verse sent down concerning giving permission for him to engage in war, shed blood, and fight those who oppressed them was, according to reports that reached me on the authority of `Urwah ibn al-Zubay along with other scholars, the saying of Almighty Allah “Permission is given to those who are being fought because they have been wronged. And indeed, Allah is omnipotent to give them victory. These are the ones who have been expelled from their homes without any right, for nothing more than saying: Our Lord is Allah! For had Allah not [decreed to] repel some people by means of others, demolition would certainly have come to hermitages, and churches, and synagogues, and mosques, in which the name of Allah is much mentioned. Yet, most surely, Allah shall support whoever supports Him. Indeed, Allah is most surely all-powerful, overpowering. These are the ones who – when We set them [in authority] over the land – they establish the Prayer, and give the Zakah – charity, and enjoin what is right and forbid what is wrong. Yet to Allah belongs the ultimate end of all affairs.”

This means: I only permitted fighting for them because they – namely, the Prophet (peace and blessings be upon him) and his companions (may Allah be please with them all) – were wronged while they did nothing wrong to people except that they worshipped Allah, established Prayer, gave out Zakah – charity, enjoined good, and forbad evil.

The other reason is to save and aid the helpless. This is indicated by a verse in the chapter of al-Nisa’ (the Women) that reads “Then what is with you that you do not fight in the path of Allah, and for the helpless among the men and the women and the children who say: Our Lord! Bring us out of this city whose people are wrongdoers. And appoint for us, from Yourself, and ally. And appoint for us, from Yourself, a supporter.”

The third reason is to drive back aggression as in the chapter of al-Baqarah (the Cow) “And fight in the path of Allah all those who fight you. But do not commit aggression. Indeed, Allah does not love those who commit aggression.”
This verse was considered by Ibn Jareer as the first verse concerning fighting. It means that you are not to wage war against your enemy, but you have to drive back their aggression in the cause of Allah because you thus defend yourself and you will be right because you have been wronged.

In this context of resisting aggression and stopping the wrongdoer without excess, (we consider these verses): “But as to those who defend themselves, after having been wronged, there is no cause [for blame] against them. But the rightful cause shall be only against those who wrong people and who commit injustice in the land without any right. It is these who shall have a most painful torment. But, most surely, one who remain patient and who forgives [great shall be his reward]; for indeed these are among the commandments of [Allah that must be kept with] diligent resolve.”

In the last two verses we notice commending patience and tolerance after giving permission to drive the aggression back.

This war is subject to all the criteria of virtue. It is to drive back aggression without excessive use of violence. The weak should be aided and religious freedom should be respected. There are strict rules concerning the preservation of civilians, weak people, workers, villagers, clergymen, and women.

Fruitful trees and animals should be safeguarded; no forest should be burnt, no civilians should be hurt, treaties should be honestly respected even if they seem unfair sometimes. It is a clean war with one leadership. It is not a bloody game where the army kill, loot, and assault as they like. It is a necessary war. In contemporary terms, it is a war supported by the international law, the international treaties, and the United Nations Charter, particularly article 51.

The 5th article of the NATO agreement states: “Parties of the agreement consider that any military attack against any of them in Europe or North America to be against all parties. If this happens, they regard that each party has the legitimate right to defend itself individually or collectively as acknowledged by the 51st article of the Charter of the United Nations. Each party should help the other individually or through the agreement of all parties.” So many are the false conceptions about Islam! These will be the subject to the next article, by the help of Allah.

This answer was collected from BinBayyah.net, which contains of feature articles and fatawa by world renowned ‘Alim, Sheikh Abdullah Bin Bayyah, from Mauritania.