Holy Qur’an is the supreme authority in Islam and the primary source of Islamic Law, including the laws regulating war and peace. The second source is the hadith, the traditions of the Prophet Muhammad’s (pbuh) acts and deeds, which can be used to confirm, explain or elaborate Qur’anic teachings, but may not contradict the Qur’an, since they derive their authority from the Qur’an itself. Together these form the basis for all other sources of Islamic law, such as ijma’ (consensus of Muslim scholars on an opinion regarding any given subject) and qiyas (reasoning by analogy). The Islamic relationship between individuals and nations is one of peace. War is a contingency that becomes necessary at certain times and under certain conditions. Muslims learn from the Qur’an that God’s objective in creating the human race in different communities was that they should relate to each other peacefully (Quran 49:13). The objective of forming the family unit is to foster affection mercy, and that of creating a baby in its mother’s womb is to form bonds of blood and marriage between people: It is He who created the human being from fluid, making relationships of blood and marriage. Quran 25:54 Sowing enmity and hatred amongst people is the work of Satan: Satan wishes to sow enmity and hatred between you with intoxicants and gambling. Quran 5:91 Division into warring factions is viewed as a punishment that God brings on people who revert to polytheism after He has delivered them from distress: …He able to divide you into discordant factions and make you taste the might of each other… Quran 6:65 War is hateful (2:216), and the changing of fear into a sense of safety is one of the rewards for those who believe and do good deeds (Quran 24:55). That God has given them the sanctuary of Mecca is a blessing for which its people should he thankful (Quran 29:67).
Paradise is the Land of Peace – Dar al-Salam – Quran 6:127). War is allowed under special conditions only. War may become necessary only to stop evil from triumphing in a way would corrupt the earth (Quran 2:251). For Muslims to participate in war there must be valid justifications and strict conditions must be fulfilled. A thorough survey of the relevant verses of the Qur’an shows that it is consistent throughout with regard to these rulings on the justification of war, and its conduct, termination and consequences. War in Islam as regulated by the Qur’an and hadith has been subject to many distortions by Western scholars and even by some Muslim writers. These are due either to misconceptions about terminology or – above all -using quotations taken out of context. Nowhere in the Quran is changing people’s religion given as a cause for waging war. The Qur’an gives a clear instruction that there is no compulsion in religion (Quran 2:256). It states that people will remain different (Quran 11:118), they will always have different religions and ways and this is an unalterable fact (Quran 5:48) – God tells the Prophet that most people will not believe “even if you are eager that they should” (Quran 12:103). All the battles that took place during the Prophet’s (pbuh) lifetime, under the guidance of the Qur’an and the Prophet, have been surveyed and shown to have been waged only in self-defense or to pre-empt an imminent attack.
For more than ten years in Mecca, Muslims were persecuted, but before permission was given to fight they were instructed to restrain themselves (Quran 4:77) and endure with patience and fortitude: Pardon and forgive until God gives his command. Quran 2:109; see also 29:59; 16:42 After the Muslims were forced out of their homes and their town, and those who remained behind were subjected to even more abuse, God gave His permission to fight: Permission is given to those who fight because they have been wronged, and God is indeed able to give them victory; those who have been driven from their homes unjustly only because they said, “Our Lord is God”-for had it not been for God’s repelling some men by means of others, monasteries, churches, synagogues and mosques, in which the name of God is much mentioned, would certainly have been destroyed. Verily God helps those that help Him – lo! God is Strong, Almighty – those who, if they are given power in the land, establish worship and pay the poor-due and enjoin what is good and forbid iniquity. Quran 22:39-41 Here, war is seen as justifiable and necessary to defend people’s right to their own beliefs, and once the believers have been given victory they should not become triumphant or arrogant or have a sense of being a superpower, because the promise of help given above and the rewards are for those who do not seek to exalt themselves on earth or spread corruption (Quran 28:83). Righteous intention is an essential condition.
When fighting takes place, it should be fi sabil illah – in the way of God – as is often repeated in the Qur’an. His way is prescribed in the Qur’an as the way of truth and justice, including all the teaching it gives on the justifications and the conditions for the conduct of war and peace. The Prophet was asked about those who fight for the booty, and those who fight out of self-aggrandizement or to be seen as a hero. He said that none of these was in the way of God. The one who fights in the way of God is he who fights so that the word of God is uppermost (hadith: Bukhari). This expression of the word of God being “uppermost” was misunderstood by some to mean that Islam should gain political power over other religions. However, if we use the principle that “different parts of the Qur’an interpret each other”, we find (Quran 9:40) that by simply concealing the Prophet in the cave from his trackers, after he had narrowly escaped an attempt to murder him, God made His word “uppermost”, and the word of the wrongdoers “lowered”. This could not be described as gaining military victory or political power. Another term which is misunderstood and misrepresented is jihad. This does not mean “Holy War”. “Holy War” does not exist as a term in Arabic, and its translation into Arabic sounds quite alien. The term which is specifically used in the Qur’an for fighting is qital. Jihad can be by argumentation (25:52 ), financial help or actual fighting. Jihad is always described in the Qur’an as fi sabil illah. On returning from a military campaign, the Prophet said to his followers: “We have returned from the minor jihad to the major jihad – the struggle of the individual with his own self.” When there is a just cause for jihad, which must have a righteous intention, it then becomes an obligation. It becomes an obligation for defending religious freedom (Quran 22:39-41), for self-defense (Quran 2:190) and defending those who are oppressed: men, women and children who cry for help (Quran 4:75).
It is the duty of the Muslims to help the oppressed, except against a people with whom the Muslims have a treaty (Quran 8:72). These are the only valid justifications for war we find in the Qur’an. Who Is To Be Fought? Fight in the way of God those who fight against you, but do not transgress. God does not love the transgressor. Quran 2:190 “Those who fight against you” means actual fighters – civilians are protected. The Prophet and his successors, when they sent out an army, gave clear instructions not to attack civilians – women, old people, religious people engaged in their worship – nor destroy crops or animals. Discrimination and proportionality should be strictly observed. Only the combatants are to be fought, and no more harm should be caused to them than they have caused (Quran 2:194). Verse 2:191 begins: Slay them where you find them and expel them from where they expelled you; persecution [fitna] is worse than killing. The Muslims were anxious that if their enemies attacked them in Mecca (which is a sanctuary) and they retaliated, they would be breaking the law. Thus the Qur’an simply gave the Muslims permission to fight those enemies, whether outside or inside Mecca, and assured them that the persecution that had been committed by the unbelievers against them for believing in God was more sinful than the Muslims killing those who attacked them, wherever they were. Finally, it must be pointed out that the whole passage (Quran 2:190-5) comes in the context of fighting those who bar Muslims from reaching the Sacred Mosque at Mecca to perform the pilgrimage. This is clear from verse 189 before and verse 196 after the passage. In the same way, the verse giving the first permission to fight occurs in the Qur’an, also in the context of barring Muslims from reaching the Mosque to perform the pilgrimage (Quran 2:217). Once the hostility of the enemy ceases, the Muslims must stop fighting (Quran 2:193; 8:39): And if they incline to peace, do so and put your trust in God. Even if they intend to deceive you, remember that God is sufficient for you. Quran 8:61-2 When the war is over, the Qur’an and hadith give instructions as to the treatment of prisoners of war and the new relationship with the non-Muslims. War is certainly not seen as a means in Islam of converting other people from their religions. Regarging, Sanctity of Treaties, The Prophet and his companions did make treaties, such as that of Hudaybiyya in the sixth year of the hijra and the one made by ‘Umar with the people of Jerusalem.
Faithfulness to a treaty is a most serious obligation which the Qur’an and hadith incessantly emphasize: Believers, fulfill your bonds. Quran 5:1 Keep the agreements of God when you have made them and do not break your oaths after you have made them with God as your bond … Quran 16:91 Covenants should not be broken because one community feels stronger than another. Quran 16:92 Breaking treaties puts the culprit into a state lower than animals (Quran 8:55). As stated above, even defending a Muslim minority is not allowed when there is a treaty with the camp they are in. There is nothing in the Qur’an to say that prisoners of war must be held captive, but as this was the practice of the time and there was no international body to oversee exchanges of prisoners, the Qur’an deals with the subject. There are only two cases where it mentions their treatment: O Prophet! Tell the captives you have, “If God knows goodness in your heart He will give you better rewards than have been taken from you and forgive you. He is forgiving, merciful “.And if they intend to be treacherous to you, they have been treacherous to God in the past and He has put them into your hands. 8:70-1 When you have fully overcome the enemy in the battle, then tighten their bonds, but thereafter set them free either by an act of grace or against ransom. 47:4 Grace is suggested first, before ransom. Even when some were not set free, for one reason or another, they were, according to the Qur’an and hadith, to be treated in a most humane way (Q.76:8-9; 9:6o; 2:177). In the Bible, where it mentions fighting, we find a different picture in the treatment administered to conquered peoples. Resumption of Peaceful Relations is important as we have already seen in the Qur’an 22:41 that God promises to help those who, when He has established them in a land after war, ” … establish worship and pay the poor-due and enjoin what is good and forbid iniquity”. In this spirit, when the Muslim army was victorious over the enemy, any of the defeated people who wished to remain in the land could do so under a guarantee of protection for their life, religion and freedom, and if they wished to leave they could do so with safe conduct. If they chose to stay among the Muslims, they could become members of the Muslim community.
If they wished to continue in their faith they had the right to do so and were offered security. The only obligation on them then was to pay jizya, a tax exempting the person from military service and from paying zakat, which the Muslims have to pay – a tax considerably heavier than the jizya. Neither had the option of refusing to pay, but in return the non-Muslims were given the protection of the state. Jizya was not a poll-tax, and it was not charged on the old, or poor people, women or children. In Islam, Humanitarian intervention is allowed, even advocated in the Qur’an, under the category of defending the oppressed. However it must be done within the restrictions specified in the Qur’an. In intervening, it is quite permissible to co-operate with non-Muslims, under the proviso: Co-operate in what is good and pious and do not co-operate in what is sinful and aggression. Quran 5:2 In the sphere of war and peace, there is nothing in the Qur’an or hadith which should cause Muslims to feel unable to sign and act according to the modern international conventions, and there is much in the Qur’an and hadith from which modern international law can benefit. The Prophet Muhammad remembered an alliance he witnessed that was contracted between some chiefs of Mecca before his call to prophet-hood to protect the poor and weak against oppression and said: I have witnessed in the house of lbn Jud’an an alliance which I would not exchange for a herd of red camels, and if it were to be called for now that Islam is here, I would respond readily.There is nothing in Islam that prevents Muslims from having peaceful, amicable and good relations with other nations. God does not forbid you front being kind and equitable to those who have neither made war on you account of your religion nor driven you from your homes. God loves those who are equitable. Quran 60:8 This includes participation in international peace-making and peace-keeping efforts.
The rule of arbitration in violent disputes between groups of Muslims is given in the Qur’an: If two, of the believers take up arms against one another, make peace between them. If either of them commits aggression against the other, fight against the aggressors until they submit to God’s judgment. When they submit make peace between them in equity and justice. God loves those who act in justice. 49:9 This could, in agreement with rules of Islamic jurisprudence, be applied more generally to disputes within the international community. For this reason, Muslims should, and do, participate in the arbitration of disputes by international bodies such as the United Nations etc. Modern international organizations and easy travel should make it easier for different people, in accordance with the teachings of the Qur’an, to “get to know one another”, “co-operate in what is good” and live in peace. The Qur’an affirms: There is no virtue in much of their counsels: only in his who enjoins charity, kindness and peace among people… Quran 4:114 We are deeply aware of the tragic cycle of continuing violence around the world. As we each find our own way through the complex maze of inner feelings, it is useful to know that we are not alone in our struggles or in our hopes. Even as tragedy and suffering have occurred to so many people now and throughout history, there have also been passionate insightful voices calling for peace and healing. To conclude, let us pray for world peace and support the Muslims throughout the world who are in trouble and are forced to face war.
(The author a teacher at S K University of Agriculture Sciences & Technology-SKUAST Srinagar writes on Islamic topics exclusively for “Kashmir Horizon”. His views are personal)