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  • The Shariah Of Jihad: Introduction And Content

    Posted by Umer on October 3, 2020 at 5:44 pm

    Peace and freedom are two essential requirements of a society. Just as various penal measures help in protecting a society from the evils and excesses committed by an individual, resorting to armed offensives sometimes becomes essential to curb the evils perpetrated by countries and nations. As long as diplomatic relations and negotiations can be used to resolve matters, no one would endorse the use of force for settling affairs. However, if a nation threatens to disrupt the peace and freedom of the world and its arrogance and haughtiness exceed all bounds, a stage may come when the use of force and power becomes essential to keep it in check. In such cases, it is the inalienable right of humankind to forcibly stop its subversive activities until peace and freedom of the world are restored. The Quran asserts that if the use of force had not been allowed in such cases, the disruption and disorder caused by insurgent nations would have reached the extent that the places of worship would have become deserted and forsaken, what to speak of the disruption of the society itself:

    وَلَوْلَا دَفْعُ اللَّهِ النَّاسَ بَعْضَهُمْ بِبَعْضٍ لَهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَصَلَوَاتٌ وَمَسَاجِدُ يُذْكَرُ فِيهَا اسْمُ اللَّهِ كَثِيرًا (40:22)

    And had it not been that Allah dislodge one people through another, the monasteries and churches, the synagogues and the mosques, in which His praise is abundantly celebrated would be utterly destroyed. (22:40)

    This use of force is called jihad or qital, [1] however, in the Quran, it can be classified in two distinct categories:

    Firstly, against injustice and oppression.

    Secondly, against those who reject the truth after it has been conclusively communicated to them.

    The first type of jihadis an eternal directive of the shariah. As stated earlier, it is undertaken to curb oppression and injustice. The second type, however, does not relate to the shariah; it relates to the divine law of itmam al-hujjah (conclusive communication of the truth). This law is always implemented in this world directly by the Almighty through people on whom He bestows the status of risalah(messengerhood). In the history of mankind, for the very last time this status was conferred on the Prophet Muhammad (sws):

    وَلِكُلِّ أُمَّةٍ رَّسُولٌ فَإِذَا جَاء رَسُولُهُمْ قُضِيَ بَيْنَهُم بِالْقِسْطِ وَهُمْ لاَ يُظْلَمُونَ (47:10)

    And for each community, there is a messenger. Then when their messenger comes, their fate it decided with justice and they are not wronged. (10:47)

    According to this law, once the truth is communicated to a people through their respective messengers in a conclusive manner and they still deny it in spite of being convinced about it, they are punished in this very world. At times, this punishment is through earthquakes, cyclones and other calamities and disasters, while, at others, it emanates from the swords of the believers. As a result, those who have denied the truth are totally vanquished in their land and the truth reigns supreme in it. [2] In the case of Prophet Muhammad (sws), the Divine scourge took this very form. Consequently, just as the Prophet (sws) and his Companions (rta) were asked to wage war against oppression and injustice, they were also asked to wage war to punish the rejecters of the truth once it had become totally manifest to his addressees. This was actually a Divine plan executed through human beings. It should be viewed as a divine practice (sunnatullah) and cannot be initiated by human beings in any manner; it is not part of the shariah. The Qur’anic wordsيُعَذِّبْهُمْ اللَّهُ بِأَيْدِيكُمْ (9 :14) (God will punish them by your hands, (9:14)) allude to this very reality.

    In the following pages, this writer will attempt to explain the directives of the shariah regarding both these categories of jihad.

    1) The Permission for Jihad:

    Discussion 32275

    2) The Directive of Jihad:

    Discussion 32282

    3) Divine Help:

    Discussion 32611

    4) Captives of War:

    Discussion 32623

    5) Spoils of War:

    Discussion 32629

    (Javed Ahmed Ghamidi)

    (Translated by Dr. Shehzad Saleem)

    ____________________________

    [1]. The literal meaning of jihad is to strive for a cause with full force. In the Quran, it is used in this general sense as well as in the sense of an armed offensive in the way of Allah. Here, this second meaning is implied.

    [2]. The Quran, 14:13-14; 58:20-21

    Umer replied 3 years, 6 months ago 1 Member · 3 Replies
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