JIHAD: Its Origins and Rules

Observation Jihad holds a prominent place in Islam. That is why there is an intense struggle between militants and their opponents to specify what jihad really means. Jihad the word can be found in the Quran and the traditions of the Prophet; but jihad the doctrine was fully developed in the late 8 th century, more than a century and a half after the death of the Prophet Muhammad.

Questions What is Jihad? How did classical Islamic jurists derive a doctrine of jihad from the Quran and traditions? Who are the targets of Jihad in the classical doctrine? Does jihad sanction the killing of civilians? Who should wage a jihad? Are jihadists today within the classical tradition or have they hijacked the word?

What is Jihad? Jihad ≠ “holy war.” Jihad means “to strive, exert oneself, or take extraordinary pains.” In the Quran, the word is mentioned 41 times, but only 10 of those refer unambiguously to warfare. Mostly, it refers to disputation with the unbelievers. The Quran refers to warfare using other terms such as harb (war), qital (fighting) and ribat (defensive fighting). Therefore, jihad is more than warfare, but it does not exclude warfare.

Jihad the Doctrine Jihad as a doctrine was developed by classical Islamic jurists long after the formative phase of Islam passed. Jihad the doctrine developed when the Muslim empire was rapidly expanding and during the height of its relative power vis- à-vis the Byzantine and Sassanid empires. Jihad the doctrine was heavily influenced by pre-Islamic tribal traditions of raiding ( ghazwa ).

Brief History of Islam in Mecca and Medina ~ Muhammad and early Muslim converts preach monotheism in Mecca; they are ridiculed, persecuted, tortured, and some are killed. 622 ~ Muhammad and his followers emigrate ( hijra ) to Medina to avoid further persecution ~ Muhammad, the Muslim immigrants ( Muhajiroun ) and their supporters in Medina ( Ansar ) wage a series of raids and battles against the people of Mecca. 630 ~ Muhammad conquers Mecca and subdues the tribes that initially persecuted him and his followers.

How Did the Doctrine Develop? To understand how classical jurists formulated the doctrine of jihad, we have to first understand the textual problems they encountered. The Quran presents three seemingly contradictory commands regarding jihad. In the first 12 years ( ), God commands the Prophet to engage in argumentation with the unbelievers, but avoid direct confrontation and even turn away from them if they are aggressive. In the next 10 years ( ), God commands the Prophet to fight back in self-defense and later instructs him to go on the offensive.

Phase 1: The Pacifist Phase ( ) Q15: 94-95: “Profess openly what you have been commanded, and turn away from the idolaters, for We are sufficient for you against the scoffers.” Q10:99: “And if thy Lord had willed, whoever is in the earth would have believed, all of them, all together. Wouldst thou then constrain the people, until they are believers?” Q2:256: “No compulsion is there in religion.” Q88: 21-26: “Therefore do remind, for you are only a reminder. You are not a warden over them…”

Phase 2: Self-Defense (622-c.628) Q22: 39: “Permission is given to those who fight because they have been wronged – God is Most Powerful for their aid – those who have been unjustly expelled from their homes only because they say: ‘Our Lord is God.” Q2: 190: “Fight in the path of God those who fight you, but do not transgress limits, for God does not love transgressors.”

Phase 3: Offensive Jihad (c.628) Q2: 191: “Kill them wherever you find them and turn them out from where they have turned you out, for ( fitna ) persecution is worse than killing.” Q2: 193: “Fight them until there is no persecution and the religion becomes God’s, but if they cease, let there be no hostility except against the oppressors.” Q9: 5: “When the sacred months are past, kill the idolaters wherever you find them, and seize them, besiege them, and lie in wait for them in every place of ambush; but if they repent, pray regularly, and give the alms tax, then let them go their way, for God is forgiving, merciful.”

How Did the Doctrine Develop? How should one interpret these “contradictory” verses? The consensus view of the classical jurists is that the later and more aggressive verses of the Quran “abrogate” the earlier and less aggressive verses. The earlier verses are treated as “historically contingent” … while the later verses are permanent.

The Modernist Critique Islamic modernists argue that the theory of abrogation does not do justice to God’s commands. Islamic modernists insist on a “holistic” reading of the Quran, whereby commands in some verses place conditions or constraints on other verses. They conclude that the more aggressive verses concerning jihad that came later are the ones that are “historically contingent” … while the earlier verses reflect the true will of God and, therefore, are the eternal ones.

Why Did the Aggressive View Prevail? Muslims were powerful, so they could benefit from a doctrine that allowed them to raid and conquer. Doctrine reflects tribal culture in which war was both an activity and a condition of life. Only sacred months and treaties removed the condition of a state of war. Doctrine reflects conditions in the world system at the time (even realist view of the world today). Empires and states were in constant fear of domination by others. They went on the offensive to prevent others from gaining an upper hand in the future. Spreading Islam was not intended to convert people by force but rather to bring potential adversaries to submit to the authority of Muslims while the conquered people were free to practice their religion.

Who are the Targets of Jihad? In the classical tradition, jihad can only be waged against non-Muslims (including “People of the Book.”) Jihad, however, is not about a “surprise attack.” Rather, the leader of the Muslims must raise an army and give the opposing side three choices:  Accept in the authority of the Muslims and pay the alms tax ( jizya ) to show subordination to a Muslim governor.  Convert to Islam and become part of the “Abode of Islam” (dar al- Islam).  Refuse the first two options and bear the consequences of warfare.

Does Jihad Sanction Killing Civilians? Generally speaking, No.  Q2:190: “Fight in the path of God those who fight you, but do not transgress limits, for God does not love transgressors” is generally interpreted as a limitation on killing of non-combatants or those that cannot fight, such as women, children, elderly, and monks.  Prophetic tradition: “Do not cheat or commit treachery, nor should you mutilate or kill children, women, or old men.” However, some circumstances such as the “night raid” permit the killing of civilians (i.e. collateral damage). Also, it is permissible to kill civilians if they give direct aid to the combatants (money, weapons, shelter, etc).

Who Should Wage a Jihad? In classical Islam, jihad can only be waged by the leader of the umma (Muslim community). Absent an imam, offensive jihad cannot take place. Jihad in classical Islam is fard kiffaya (collective obligation); if a sufficient number of Muslims step forward, then the rest are not obligated to engage in jihad. However, if the threat is severe and the existing Muslim army is insufficient to repel an invading army, then Jihad becomes fard `ayn (individual obligation) on every Muslim. Jihad as fard `ayn (individual obligation) is only in defensive circumstances.

Are Today’s Jihadists within the Tradition? Yes and No. Yes…The emphasis on the aggressive verses and downplaying of the non-violent verses is within the classical tradition. Yes…The emphasis on the jihad of the sword as being of higher value than jihad of the soul is within the classical tradition. Yes…The emphasis on the necessity of universal Islamic hegemony and dividing the world into dar al-harb (House of War) and dar al-Islam (House of Islam/Peace) is within the classical tradition.

Are Today’s Jihadists within the Tradition? No…The jihadists today fight Muslim governments, which was rejected as fitna by most classical jurists (except Ibn Taymiyah). No…The jihadists today are fighting without an agreed upon imam, which was a key requirement for the classical jurists. No…The jihadists today kill civilians without concern for avoiding harm to non-combatants. No…Insistence that jihad is fard `ayn (individual obligation) is problematic when there is no clear situation of aggression.