And fight in the way of Allah with those who fight against you and do not transgress bounds [in this fighting]. God does not love the transgressors. Kill them wherever you find them and drive them out [of the place] from which they drove you out and [remember] persecution is worse than carnage. But do not initiate war with them near the Holy Ka‘bah unless they attack you there. But if they attack you, put them to the sword [without any hesitation]. Thus shall such disbelievers be rewarded. However, if they desist [from this disbelief], Allah is Forgiving and Merciful. Keep fighting against them, until persecution does not remain and [in the land of Arabia] Allah’s religions reigns supreme. But if they mend their ways, then [you should know that] an offensive is only allowed against the evil-doers. A sacred month for a sacred month; [similarly] other sacred things too are subject to retaliation. So if any one transgresses against you, you should also pay back in equal coins. Have fear of Allah and [keep in mind that] Allah is with those who remain within the bounds [stipulated by religion]. (2:190-4)
Once the permission to wage Jihad was
revealed in the verses of Surah Hajj stated earlier, a detailed
directive regarding Jihad was basically revealed in the above quoted
verses of Surah Baqarah. All other ones which mention Jihad actually
elucidate and emphasize what is stated here as well as elaborate upon the
right course in certain issues8
which arose once the Muslims set about following this directive.
The context of the verses cited above
is that when Muslims were told that it was their obligation to offer Hajj
and
since they were the true heirs of Abraham’s religion it was only their
right to journey to the House of God to worship Him, the correct line of
action was also spelled out to them in case they encountered resistance
from the Quraysh
regarding the fulfillment of this obligation. They
were told that they should fight them to crush their resistance. This is
what the context says; however, the directive does not end here and the
Qur’an
goes
on to extend it by adding certain other details to it. It clarifies the
nature of responsibility the Muslims have been entrusted with viz a viz
Jihad,
the real force from which they should derive their motivation in waging
Jihad,
the moral and ethical limits of this undertaking and finally the real objective
of Jihad. Through these details, the two categories of Jihad
referred
to earlier in this article are clearly set forth.
These details will now be explained:
i. Nature of the Obligation
The first thing that is evident from
these verses is that Muslims should not merely fight the Quraysh if
they resist them in offering Hajj, but the Qur’an goes on
to say that they should continue to fight the Quraysh until the
persecution perpetrated by them is uprooted and Islam prevails in the whole
of Arabia. This, obviously, was a very big responsibility and could not
have been imposed on an Islamic state without giving due consideration
to its moral as well as military might. Consequently, the Qur’an explained
that this aspect had been taken into account, and as a result the extent
of responsibility would vary in different phases of the Prophet’s struggle.
In the initial phase, when the Muslim
ranks basically consisted of the pioneers among the Muhajirun and
the Ansar and their faith and moral character were of an exemplary
degree, they were required to fulfill this responsibility even if the enemy
was ten times their might. The Qur’an says:
Prophet! Rouse the believers to wage war. If there are twenty amongst you, patient and persevering, they will subdue two hundred: if a hundred, they will subdue a thousand of the disbelievers: for these are a people without understanding. (8:65)
While explaining the word 
(basirat:
understanding), Imam Amin Ahsan Islahi, writes:
It is this
This was the first phase. After it, many
people entered the folds of Islam. Though the number of Muslims increased
significantly as a result, yet the converts did not have the same (basirat:
understanding) as their forerunners before them. Consequently, the Almighty
reduced the burden of this responsibility also:
[From] now, God has lightened your [task] for He knows that there is now weakness amongst you: But [ever so], if there are a hundred of you, patient and persevering, they will subdue two hundred, and if a thousand, they will subdue two thousand, with the leave of God: for God is with those who patiently persevere. (8:66)
A similar policy was adopted by the Almighty regarding the extent of requirement that arose in wars that the Muslims had to fight. In the battles of Badr, Uhud and Tabuk, the responsibility was much more and each Muslim was required to present his services as a combatant. Those who tried to shirk this responsibility were severely reprimanded by the Almighty. They were told that if they hold their life, wealth and kin dearer than Jihad, then they should wait for the Almighty’s decision against them Who would punish them in the same manner as He has decided to punish those who have deliberately rejected Muhammad (sws)10. However, in military campaigns in which it was not necessary that each Muslim offer his services, the Almighty informed the Muslims that now presenting one’s self for Jihad though carried great reward – which by no means is ordinary –, it was not compulsory for each Muslim to participate in them:
Not equal are those of the believers who sit [at home] without any [genuine] excuse and those who strive hard and fight in the cause of Allah with their wealth and their lives. Allah has given preference by a degree to those who strive hard and fight with their wealth and their lives above those who sit [at home]. [In reality], for each, Allah has made a good promise and [in reality] Allah has preferred those who strive hard and fight above those who sit [at home] by a huge reward. Degrees of [higher] grades from Him and forgiveness and mercy. And Allah is Ever Forgiving, Most Merciful. (4:95-96)
At another place, the Qur’an has unequivocally stated that showing cowardice and running away from the battlefield once a person has stepped into it is not befitting for a believer. So great is this sin, that the Almighty has promised the fateful doom of Hell fire on such an act of cowardliness:
O you who believe! When you meet those who disbelieve in a battlefield, never turn your backs to them. And [you should know that] whoever turns his back to them on such a day – unless it be a stratagem of war, or to retreat to a part of his army, – he indeed has drawn upon himself wrath from Allah. And his abode is Hell, and worst indeed is that destination! (8:15-6)
While explaining these verses, Imam Amin Ahsan Islahi, writes:
Now the Muslims are being given directives regarding imminent wars. They are told that when they encounter the enemy army in formal warfare, they must never turn their backs. This directive has been given in the light of the background delineated earlier in which the Almighty had promised divine help. It is an anathema for people who have the support of Allah and His angels to run away from the battlefield.
: in such a situation, those who desert the battlefield would invite the wrath of God and Hell shall be their abode. This shows that the crime is no less than the crime of apostasy and disbelief. Obviously, the severity of this crime hinges on the fact that, at times, a person who runs away from the battle field poses a great threat for the whole army and sometimes for the whole Muslim collectivity.
: ie only those measures are an exception which a soldier adopts as military tactics or, as in some cases, the need arises that he must vacate his front and join some other one. In other words, what is forbidden is to show one’s back in order to flee from the battlefield. Showing one’s back as a war strategy is an exception [and is not forbidden].11
Three things are very obvious from the
stipulations that all these verses mention:
Firstly, even if the sole ground to
wage Jihad
in these times – oppression and injustice in a country
– exists in a particular case, Jihad never becomes obligatory unless
the military might of the Muslims is up to a certain level. In the times
of the Prophet (sws), when large scale conversions took place in the later
phase, the Almighty reduced the Muslim to enemy ratio to 1:2. It cannot
be imagined that in later periods it can be more than this. Consequently,
Muslims should not only consolidate their moral character, but it is also
imperative for them to build their military might if they want to wage
Jihad
when
the need arises. The Qur’an gave a similar directive to Muslims
of the Prophet’s times in the following words:
Muster against them all the men and cavalry at your disposal so that you can strike terror into the enemies of Allah and of the believers and others beside them who may be unknown to you, though Allah knows them. And remember whatever you spend for the cause of Allah shall be repaid to you. You shall not be wronged. (8:60)
Secondly, abstaining from participating
in Jihad
becomes a sin only when a Muslim sits at home in spite
of the fact that an Islamic State has given a call to each and every Muslim
to participate in Jihad. In religious terminology, such an appeal
is called 
(nafir ‘am). In such instances, the sin is as grave as hypocrisy.
In the absence of this situation, participating in
Jihad, no doubt,
is a very desirable deed if the need arises; however, it is not obligatory
and a person who does not undertake it cannot be called a sinner.
Thirdly, deserting the battlefield
of Jihad is totally forbidden. No believer should show such feebleness.
It is tantamount to showing distrust in Allah, giving priority to this
world over the next and trying to make life and death dependent upon one’s
own strategy – all of which cannot exist with true faith.
ii. The Driving Force
The second thing which is evident
from the above quoted verses (2:190-4) is that the 
(qital:
armed warfare) mentioned therein must neither be undertaken to gratify
one’s whims nor to obtain wealth and riches. It must also not be undertaken
to conquer territories and rule them or to acquire fame or to appease the
emotions of communal support, partisanship and animosity. On the contrary,
it should be undertaken only and only for the cause of Allah as is evident
from the words 
(fi
sabilillah: in the way of Allah) after the word 
(qatilu: fight). Consequently, in the very beginning, the Qur’an
has
clarified that such a sacred undertaking has no relation with personal
and selfish motives. This is the war of the Almighty which His servants
undertake at His behest and according to the guidelines provided by Him
for His cause. They themselves act as mere agents and implementers of the
will of God. They have no objective of their own before them in this undertaking;
rather they have to fulfill the objectives of the Almighty. Consequently,
they cannot deviate in the least from this capacity:
Those who believe, fight in the cause of Allah, and those who disbelieve, fight in the cause of Satan. So fight you against the friends of Satan. Ever feeble indeed is the plot of Satan. (4:76)
The Prophet (sws), at various instances,
also explained very forcefully this purport of the Qur’an:
Abu Musa Ash‘ari (rta) narrates
that once a person came to the Prophet (sws) and said that some people
fight for the spoils of war, some for fame and some to show off their valour;
he then asked the Prophet (sws): ‘Which one of them fights in the way of
Allah’. The Prophet (sws) replied: ‘Only that person fights in the way
of Allah who sets foot in the battlefield to raise high the name of Allah’.12
Abu Imamah Bahili (rta) narrates
that a person came to the Prophet (sws) and asked: ‘What is your opinion
about a person who fights for monetary benefits and fame’. The Prophet
(sws) replied: ‘He will gain nothing’. The person repeated his question
three times and each time the Prophet (sws) gave the same answer and then
said: ‘The Almighty never accepts a deed until it is pure and done merely
to please Him’.13
Abu Hurayrah (rta) narrates
that once the Prophet (sws) said: ‘The fate of three types of people shall
be decided first on the Day of Judgement: A person who was martyred while
fighting. The Almighty will remind him of His favours. Once the person
remembers them, the Almighty will ask: "What did you do for me?" He will
reply: "I fought for you until I embraced martyrdom". The Almighty will
say: "You have told a lie; you fought so that people would acknowledge
your bravery and this has [already] taken place". The Almighty would then
order for his punishment and he would be dragged by his face and thrown
into Hell’.14
‘Ubadah Ibn Samit (rta) narrates
from the Prophet (sws): ‘A person who fought in the way of Allah with the
intention that he would gain a rope [from the war booty] to tie a camel
in the battle will only get that rope and nothing else’.15
Mu‘adh Ibn Jabal (rta) narrates
that once the Prophet (sws) said: ‘Wars are of two types: a person who
fought merely to please Allah, obeyed his ruler in the war, spent the best
of his wealth, was affectionate with his fellow fighters and abstained
from spreading disorder and evil, then all the time he spent in the war
whether he was awake or was asleep – all would earn reward for him. And
a person who fought for fame and to earn the praises of the world and disobeyed
his ruler during the war and thereby created disorder, he would not be
spared’.16
It is this special status of the (qital:
armed warfare) that makes it an act of great reward for the believers.
The Almighty says:
Consider not those who are killed in the way of Allah as dead. Nay, they are alive with their Lord, and they will be provided for. They rejoice in what Allah has bestowed upon them of His bounty and rejoice for the sake of those who have not yet joined them, but are left behind [not yet martyred] that on them too no fear shall come, nor shall they grieve. They rejoice in a grace and a bounty from Allah, and that Allah will not waste the reward of the believers. (3:169-171)
Abu Hurayrah (rta) narrates from
the Prophet (sws): ‘A person who wages Jihad in the way of Allah – and
Allah knows full well who wages Jihad in His way – is like a person who
fasts during the daytime and stands in prayer during the night, and for
such a person [who fights in His way], Allah has taken upon Himself to
take him to Paradise in case He ordains death for him, [and if this is
not the case], He will reward him and send him back home safely with the
spoils of war’.17
He also narrates that once a person
came to the Prophet (sws) and asked: ‘Tell me of a deed whose reward is
equivalent to that of Jihad.’ The Prophet (sws) replied: ‘There
is no such deed.’ The Prophet (sws) then asked that person: ‘Is it possible
for you that once the Mujahidin (warriors) depart for Jihad, you
go to the mosque and keep standing in prayer without pausing and also keep
fasting [simultaneously] without breaking the fast?’ The person replied:
‘How can anyone do this?’18
At another instance, Abu Hurayrah
(rta)
narrates from the Prophet: ‘There are hundred levels in Paradise which
the Almighty has prepared for those who wage Jihad in His way. Each of
these levels is separated from one another with a distance equivalent to
that between the earth and the sky’.19
Abu Hurayrah (rta) narrates
from the Prophet (sws): ‘I swear by the Almighty that a person who is wounded
in the way of Allah – and Allah knows full well who is actually wounded
in His way – he would be raised on the Day of Judgement such that his colour
be the colour of blood with the fragrance of musk around him’.20
Ibn Jabr narrates from the
Prophet (sws): ‘A person whose feet become dust ridden because of [striving]
in the way of Allah will never be touched by the flames of Hell’.21
Sahal Ibn Sa‘ad says that the
Prophet (sws) once said: ‘To reside in a border area for a day to protect
[people] against an enemy [invasion] is better than this world and
everything it has’.22
iii. Ethical Limits
The third thing that becomes evident
from these verses is that war cannot be waged in the way of Allah by disregarding
ethical limits. Moral values have to be given priority on every thing in
all circumstances, and even in circumstances of war the Almighty has not
given any person the permission to breach ethical principles. The verses
assert that Muslims can fight the enemy and can displace them from the
city from which they themselves were displaced from and that they should
be killed wherever found. They are allowed to take this step because of
the reign of oppression and injustice let lose by the enemy and because
the truth has been made manifest to them and they have deliberately denied
it. However, two things must still remain in their consideration:
Firstly, Muslims should not initiate
proceedings to violate any thing which is sacred. Consequently, war is
permitted near the Baytullah and in sacred months only if the enemy
takes the initiative. Muslims can in no case commence such proceedings.
Secondly, any excess committed by
the enemy can be answered by the Muslims by inflicting equal damage only.
They have no right to go beyond this. They can wage war but in no case
are they allowed to exceed the limits and commit any excesses – for the
Almighty is greatly displeased by such an attitude. He only helps those
who never cross the limits set by Him in any circumstances.
In the verse under discussion, both
these stipulations are discussed by the Qur’an in its sublime style:
A sacred month for a sacred month; [similarly] other sacred things too are subject to retaliation. So if any one transgresses against you, you should also pay back in equal coins. Have fear of Allah and [keep in mind that] Allah is with those who remain within the bounds [stipulated by religion]. (2:194)
While explaining this verse, Imam Amin Ahsan Islahi, writes:
This verse implies that fighting in the forbidden months or fighting within the boundaries of Haram is a big sin. However, if the disbelievers disregard their sanctity, Muslims on account of Qisas also have the right to strip them off the protection that these sacred entities afford them. The life of every person carries great sanctity in the eyes of the Shari‘ah. However, when a person violates this sanctity and kills someone, then he himself will be deprived of the right of sanctity for his own life to avenge his own deed. Similarly, the sanctity of the forbidden months and of the Haram itself shall be upheld in all circumstances on the condition that the disbelievers also uphold it and do not oppress and tyrannize people in them. However, if they unsheathe their swords in the forbidden months and in the sacred land of Makkah, then on account of Qisas they themselves deserve to be divested of the protection these months and this land hold for them. The verse goes on to say that just as that taking of Qisas for the forbidden months is necessary, the Qisas of other sacred entities must also be taken. In other words, if the disbelievers deprive Muslims of the right of protection that certain sacred things hold for them, Muslims too have the right as a result of Qisas to pay them back in equal coins or measure. Consequently, whatever measures the disbelievers adopt in violation of the sanctity of the Haram and the forbidden months, Muslim too can retaliate – but they must fear God and retaliate on equal footings: neither should they initiate such violations nor exceed the limits while retaliating against any aggression in this regard. Only those people become worthy of Divine Help who are fearful of the Almighty in all circumstances.23
The most important directive that has
been spelled out in the sphere of ethical limits is the fulfillment of
promises. Breaking a promise is a great sin in the eyes of the Almighty.
He has made it amply clear to the Muslims that in both forms of
(qital: armed warfare) – ie against injustice and oppression and
against the rejecters of truth after the truth has become evident to them
– Muslims must not break any treaty made with a nation. Surah Tawbah
is
the surah
which announces punishment on people who deliberately
rejected the truth. In this surah, the Prophet (sws) has been directed
to declare null and void all pacts and treaties and embark upon a final
assault against the disbelievers; however, it is explicitly stated in the
surah
(9:4)
that all treaties that have been concluded with a time frame must continue
till the time period is over. Similarly, in Surah Anfal, Muslims
are emphatically told that even if a nation, with which Muslims are under
obligation of a contract, is guilty of oppressing the Muslims in matters
of their religion, the Islamic state does not have the right to help these
Muslims if this amounts to a breach of contract made with that nation:
And to those who accepted faith but did not migrate [to Madinah], you owe no duty of protection to them until they migrate; but if they seek your help in religion, it is your duty to help them except against a people with whom you have a treaty of mutual alliance; and Allah is the All-Seer of what you do. (8:72)
At a number of occasions the Prophet (sws)
has stressed how dreadful a sin breaking one’s promise is:
Abu Sa‘id (rta) narrates from
the Prophet (sws): ‘On the Day of Judgement, to proclaim the traitorship
of a traitor and the betrayal of a person who betrayed his words, a flag
shall be hoisted which would be as high as [the extent of his] traitorship’,
and [the Prophet (sws) also said]: ‘Remember that no traitor and betrayer
of promises is greater than the one who is the leader and ruler of people’.24
Abdullah Ibn Umar (rta) narrates
that the Prophet (sws) [once] said: ‘A person who kills a Mu‘ahid will
not be able to smell [the fragrance] of Paradise, even though its fragrance
can be smelt from a place as far off as forty years from it in distance’.25
However, if Muslims fear any foul
play and breach of contract from the opposite side, they, in the words
of the Qur’an, can also terminate the treaty and throw the promise
on their faces on equal footings:
And if you fear any treachery from a people throw back [their covenant] to them on equal terms. Certainly Allah likes not the treacherous. (8:58)
While commenting on this verse, Imam Amin Ahsan Islahi, writes:
The words
(‘ala sawa) mean that Muslims are authorized to pay back their enemy in equal coins. This means that the retaliation from their side must not exceed the harm inflicted upon them. Some people have deduced from these words that the nullification of a treaty should necessarily be openly declared before the other party. I do not find this deduction to be very sound as these words do not support it; however, this much can be inferred that mere speculation should not impel a party to revoke it. This should only be done after some manifest proof of its violation from the other side. The use of the intensive verb
(takhafanna) in the verse lays credence to this claim. Moreover, the condition of
The Prophet (sws) is reported to have explained this aspect in the following words:
If a nation concludes a treaty with some other, then it should not change it in any sense until the time period of the treaty expires or if it fears some treachery from it. In these cases, it should throw the treaty before it by an open declaration on equal footings. (Tirmadhi: No. 1580)
Other directives which are mentioned in
the Qur’an
and the Hadith in this regard are the following:
1. A display of pomp and pride should
be avoided when an army sets out for a battle. In Surah Anfal, where
the Qur’an
has asked the Muslims to spend more time in the remembrance
of God when a war is at hand, it has also asked them to abstain from show
and pomposity – something which is the way of people who are inebriated
with the pride of their number and the resources and the ammunition they
have. Such vanity and conceit are not befitting for believers. Whether
in the battlefield or outside it, the humility of servitude to the Almighty
should always be their hallmark. The reason for this is that their war
is not mere war – it is serving and worshipping the Almighty and at all
instances this fundamental aspect should be taken into account by them:
And be not like those who came out of their homes boastfully and to display their grandeur and who stop [people] from the way of Allah even though Allah fully encompasses what they do. (8:47)
2. People who want to remain neutral in war should not be left alone and not be troubled in any way. In Surah Nisa, the behavior of certain Muslims is referred to who because of their timidity and frailty were neither willing to fight the Muslims by joining hands with their own nation nor were ready to join the Muslims and fight their own nation. The Almighty bade the Muslims to abstain from any action against them:
Or those who approach you such that they neither have the courage to fight you nor their own people [and are such that] had Allah willed, indeed He would have given them power over you, and they would have fought you. So if they withdraw from you, and fight not against you, and offer you peace, then Allah does not give you permission to take any action against them. (4:90)
3. People who neither take part in a battle
nor are able to take part in it – as per the dictates of custom as well
as sense and reason – should not be killed. ‘Abdullah Ibn ‘Umar (rta)
reports from the Prophet (sws) that once in a battle when it became known
that a woman had been killed, the Prophet (sws) emphatically forbade the
killing of the women and children.27
4. People among the enemy should not
be killed by setting them ablaze. Abu Hurayrah (rta) narrates that
once when the Prophet (sws) bade the Muslims to set out for a battle he
named two persons and directed the Muslims to burn them if they encountered
them. However, when the Muslim army was about to set out, he said: ‘I had
asked you to set two people ablaze; the truth of the matter is that it
is only Allah Who can punish someone in this manner; so if you find these
two, just kill them’.28
5. Plundering and looting should be
abstained from.
‘Abdullah Ibn Yazid (rta) narrates that the Prophet
(sws) stopped the Muslims from snatching anything from the common people
while the Muslim army is marching into the enemy territory.29
A person from the Ansar narrates that once while traveling for a
Jihad,
because of great compulsion, some people of the Muslim army snatched some
goats to quench their hunger. When the Prophet (sws) came to know about
this, he overturned all the utensils and remarked: ‘plundered [food] is
not better than dead meat’.30
6. Dead bodies should not be mutilated.
Baridah
narrates
that among the directives the Prophet (sws) would give while sending a
Muslim army would be an emphatic assertion to abstain from mutilating dead
bodies and from disfiguring them.31
7. Setting up obstructions and robing
travellers is forbidden. Mua‘adh Ibn Anas narrates that once when
he and others in the company of the Prophet (sws) embarked upon a campaign
of Jihad
it was observed that people had been obstructing the place
where the army was to disembark and were busy robbing the passersby. When
this complaint reached the Prophet (sws), he publicly announced at once
that any person who obstructs the place of disembarkment and loots the
passersby is in fact not doing Jihad.32
iv. The Ultimate Goal
The fourth thing discussed in the
verses (2:190-4) is the ultimate goal of Jihad. It says that Jihad
should
continue until two objectives are totally achieved:
Firstly, 
(fitnah)
is uprooted.
Secondly, in the Arabian peninsula
only Islam reigns supreme.
For the first objective, the words
used by the Qur’an
are 
(hatta la takuna fitnah: until fitnah does not remain). Surah
Anfal (8:39) also mentions this objective in similar words. (fitnah)
is something which the Qur’an regards as 
(ashaddu min’al-qatl: a greater crime than murder). It means ‘persecution’
(to force a person to give up his religion). It is used in this meaning
at a number of places in the Qur’an. No doubt, it is a crime greater
than murder. The Almighty has created this world to test man by giving
him the right to freely choose his religion and ideology. Consequently,
any person who forces someone to give up his religion is in fact rebelling
against the scheme of the Almighty. So when an Islamic state was established
in Madinah, Muslims were directed to take up arms against people
who were responsible for persecuting Muslims and to continue this aggression
until persecution was uprooted from Arabia. The following verses forcefully
depict this directive:
And what has come over you that you fight not in the cause of Allah, and for those weak, ill-treated and oppressed among men, women, and children, whose cry is: ‘Our Lord! Rescue us from this town whose people are oppressors, and raise for us from You one who will protect, and raise for us from You one who will help. [You should know that] those who believe fight in the cause of Allah, and those who disbelieve, fight in the cause of Satan. So fight you against the friends of Satan. Ever feeble indeed is the plot of Satan. (4:75-6)
The directive of waging war against (fitnah:
persecution) is mentioned in certain other verses of the Qur’an as
well. No doubt, the age old tradition of forcing people to renounce their
religion has almost been eliminated today; however, as long as human beings
remain human beings, they can always revert to it. Consequently, this is
an eternal directive of the Qur’an. If persecution surfaces at any
place on this earth of God, it is imperative upon a Muslim state to root
it out if it has the strength and power to do so and help the oppressed
by waging war against it. This is an everlasting directive of the Qur’an
for
the Muslims and no law of this world can repeal it.
A question arises here: Do other forms
of injustice and oppression besides persecution also not entail a similar
action? The answer to this question in the opinion of this writer is that
all forms of oppression against the life and wealth as well as freedom
of opinion and expression of Muslims – should be considered under it in
various degrees. Consequently, if a group of Muslims commits unwarranted
aggression against some of their brothers and does not desist from it even
after all attempts of reconciliation, such a group according to the Qur’an
should
be fought with:
And if two parties or groups among the believers start fighting, then make peace between them both. But if one of them outrages against the other, then fight you against the one which outrages till it complies with the command of Allah. Then if it complies, make reconciliation between them justly, and be equitable. Verily! Allah loves those who are the equitable. The believers are brothers to one another. So make reconciliation between your brothers, and fear Allah that you may receive mercy. (49:9-10)
The directives mentioned in this verse
can be summarized thus:
1. If two groups among the Muslims
are engaged in a fight with one another, other Muslims should not remain
indifferent to this state of affairs and should not think that this matter
does not concern them. Similarly, it is improper to support a group merely
on the basis of familial or tribal bias. They must support the group who
in their opinion is on the right and in no way let such biases form the
basis of their support. They must try to fully comprehend the situation
and then try to reconcile the two groups.
2. If one of the groups is not willing
to reconcile or after reconciliation again resorts to oppression and injustice,
then it is the duty of the Muslims that if they have the power they should
fight this group under the authority of some state. This aggression launched
should continue until that group surrenders to the decision the arbitrators
have put forth before the two groups. The Qur’an has used the word 
(amrullah: the decision of God) for the decision of the arbitrator.
This means that if a person evades this decree, he is in fact evading the
decree of God.
3. If the two groups show their willingness
to reconcile, the Almighty has stressed that neither should any unwarranted
lenience be shown to them nor should they be shown injustice in any way.
Justice should be the basis of the reconciliation and whatever loss a party
has incurred, it should be compensated for it.
This directive obviously pertains to the existence of
a Muslim state under which such a war can be waged. If Muslims do not have
a state, then in such a situation, the Prophet Muhammad (sws) while answering
a question raised by Hudhayfah (rta) directed the Muslims to dissociate
themselves from such anarchy and disorder:
I asked: If there is no state or ruler of the Muslims? He replied: In this situation, dissociate yourself from all groups, even if you have to chew the roots of a tree at the time of your death. (Bukhari: No. 7084)
For the second objective, the words used
in Surah Baqarah and Surah Anfal are 
(yakuna’l-din li’llah: Allah’s religion reigns supreme) and 
(yakuna’l-din kulluhu li’llah: all of Allah’s religions reigns supreme)
respectively. Prior to them the word 
(qatiluhum:
fight them) directs the Muslims to wage war. The antecedent of the pronoun 
(hum:
them) in this word is the Idolaters of Arabia. Consequently, this much
is certain that here these expressions mean that in the land of Arabia
the religion of Islam reigns supreme. This purpose could only have been
achieved in two ways: either the followers of all other religions be put
to death or they be subdued and subjugated completely. Consequently, after
many phases interspersed with periods of both war and peace, when the disbelievers
were totally humiliated, both these ways were adopted. Muslims were directed
to kill the Idolaters of Arabia if they did not accept faith and to let
the Jews and Christians live on their own religions if they accepted to
pay Jizyah and to live a life of total subjugation to the Islamic
state established in Arabia. However, the active adversaries among them
were put to death or exiled whenever it became possible.
It has been written at the very beginning
of this article that the various measures adopted by the Prophet (sws)
and his Companions (rta) including warfare were all divinely ordained.
These measures do not belong to the common Shari‘ah law of Islam.
They rather belong to a specific law which can be termed as the law of 
(itmamu’l-hujjah). This law can be summarized as: when the truth
is unveiled to a people in its ultimate form such that no one has any excuse
to deny it, then the rejecters of this truth are punished in this very
world. The Qur’an says that the decision for this punishment is
made by the Almighty after various phases of the preaching mission. In
this way, the court of justice that will be set up one day before the Almighty
is set up in this very world and the reward of punishment which will take
place on the Day of Judgement is rehearsed in this very world. The history
of this worldly Judgement as mentioned in the Qur’an shows that
the nature of the punishment meted out is generally of two forms:
In the first case, a Rasul has very
few companions and also does not have a place to migrate. In the second
one, he migrates with a considerable number of companions and before he
even does so, the Almighty arranges for them a territory where they can
migrate and live there as its sovereigns and with freedom. In both these
cases, the established practice of the Almighty regarding His Rusul
manifests itself – the practice which the Qur’an describes in
the following words:
Indeed those who are opposing Allah and His Messenger are bound to be humiliated. The Almighty has ordained: ‘I and My Messengers shall always prevail’. Indeed Allah is Mighty and Powerful. (58:20-1)
In the first case, this humiliation takes
the form of Divine punishment which descends upon the adversaries
of a Rasul in the form of raging storms, cyclones and other calamities,
which completely destroy them. It is evident from the Qur’an that
the nations of Noah (sws), Lot (sws), Salih (sws) and Su‘ayb
(sws)
along with some other nations of Rusul met with this dreadful fate. The
only exception to this were the People of the Book (the Israelites) who
were not destroyed because, being the People of the Book, they were basically
adherents to monotheism. Their humiliation took the form of constant subjugation
to the followers of Jesus (sws) till the Day of Judgement.
In the second case, a Rasul and
his companions subdue their nation by force, and execute them if they do
not accept faith. In this case, his addressees are given some further respite.
In this period, the Rasul does (Itmamu’l-Hujjah33)
on the inhabitants of the land to which he had migrated. He morally cleanses
and trains his followers and prepares them for a final onslaught with evil.
He also consolidates his political power in the land so that he is able
to root out the disbelievers and establish the supremacy of the believers
through this political power.
It was this situation which had arisen
in the case of the Rasul Muhammad (sws). After (Itmamu’l-Hujjah),
it was the Jews who were subdued first. They had been granted amnesty because
of various pacts. Those among them who violated these pacts were given
the punishment of denying a Rasul (Messenger) of God. The Prophet (sws)
exiled the tribe of Banu Qaynuqa‘ to Khaybr and that of Banu
Nadir to Syria34. The
power they wielded at Khaybr was crushed by an attack at their strongholds.35
Prior to this, Abu Rafi‘ and Ka‘ab Ibn Ashraf were put to
death in their houses.36
The tribe of Banu Qurayzah was guilty of treachery and disloyalty
in the battle of the Ahzab.37
When the clouds of war dispersed and the chances of an external attack
no longer remained, the Prophet (sws) laid siege around them. When no hope
remained, they asked the Prophet (sws) to appoint Sa‘ad Ibn Mu‘adh (rta)
as an arbitrator to decide their fate. Their request was accepted. Since,
at that time, no specific punishment had been revealed in the Qur’an
about
the fate of the Jews, Sa‘ad announced his verdict in accordance
with the Torah. As per the Torah, all men were to be put
to death; the women and children made slaves and the wealth of the whole
nation be distributed among the conquerors..38
In accordance with this verdict pronounced, all men were executed.39
No other incident of note took place regarding the Jews until in Surah
Tawbah the final judgement was declared against them:
Fight those who believe not in Allah or the Last Day, nor hold that forbidden which has been forbidden by Allah and His Messenger, nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the Jizyah with willing submission and are subdued. (9:29)
This directive related to both the Jews and the Christians. The punishment mentioned in these verses was in fact a show of great lenience to them because of the fact that they were originally adherents to monotheism. In reality, they had become worthy of death and destruction after deliberately denying Muhammad (sws). However, they did not benefit from this lenience because after the death of the Prophet (sws) they once again resorted to fraud and treachery.40 Consequently, the Jews of Khaybar and the Christians of Najran were exiled once and for all from the Arabian peninsula by the Caliph ‘Umar (rta). This exile in fact thus fulfilled the following declaration of the Qur’an about them:
And had it not been that Allah had decreed exile for them, He would certainly have punished them in this world; and in the Hereafter theirs shall be the torment of the Fire. (59:3)
When the Idolaters of Arabia had been similarly subdued, it was proclaimed in the Surah Tawbah that in future no pact would be made with them. They would be given a final respite of four months and then they would be humiliated in retribution of their deeds and would in no way be able to escape from this punishment (the Qur’an 9:1-2). Consequently, Makkah was conquered and just as some of the active adversaries among them had been executed when they were caught as prisoners in the battle of Badr and Uhud, similarly at this occasion also such adversaries were put to death. Prior to this, the directive had been revealed about them that it should be proclaimed at the time of the Hajj-i-Akbar (9th Hijra) that once the forbidden months would be over, Muslims should slay the Idolaters wherever they find them except if they accept faith, establish the prayer and pay Zakah. However, those among them who were bound in time bar pacts with Muslims were an exception to this directive. Muslims were asked to honour these contracts till their stipulated time period if their adversaries abided by them. The implication was clear: once the time period expired, these adversaries would also meet the fate that had been ordained for all the Idolaters of Arabia. They were to be killed in case they did not accept faith. This declaration was made in the Qur’an in the following words:
And a declaration should be made from Allah and His Messenger to these people on the day of the great Hajj that Allah is free from [all] obligations to these Idolaters and so is His Messenger. So if you [O Idolaters!] repent, it is better for you, but if you turn away, then know that you cannot escape from the grasp of Allah. And give tidings [O Muhammad (sws)] of a painful torment to these disbelievers. Except those of these Idolaters with whom you have a treaty, and who have not shown treachery in it nor have supported anyone against you. So fulfill their treaty to the end of their term. Indeed, Allah loves those who abide by the limits. Then when the sacred months [ after the Hajj] have passed, kill these Idolaters wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and establish the prayer, and give Zakah, then leave them alone. Indeed, Allah is Ever Forgiving, Most Merciful. (9:3-5)
With these measures, the basic objective
of war stated by the words:
(yakuna’l-din kulluhu li’llah: all of Allah’s reigns supreme) was
achieved in the ultimate sense. However, it is explained above that as
per the law of
(itmamu’l-hujjah), all these measures were an obvious outcome of
the fact that the Prophet (sws) was able to establish 
(shahadah: bearing witness to the truth) on the Idolaters and the
People of the Book of Arabia. The
Qur’an
tells us that just as this
(shahadah) was established by the Prophet (sws) on these afore-mentioned
religious groups it was similarly established by his Companions (rta) on
certain nations outside the Arabian peninsula in the background of Muhammad’s
(shahadah) and because of the fact that they were invested with
the status of 
(the best people).41 The
Qur’an
has
specified that the Almighty chose the Companions (rta) of the Prophet (sws)
for this
(shahadah), just as He chooses Messengers from mankind to fulfill
this objective:
He has chosen you, and has imposed no difficulties on you in religion; it is the religion of your father Abraham. It is He Who has named you Muslims, both before and in this [Qur’an]: [He chose you so that] the Messenger may be a witness [of this religion] to you, and you be witnesses of this religion to non-Muslims [of your times]. (22:78)
After the truce of Hudaybiyyah,
the Prophet (sws) himself singled out these nations by writing letters
to them. In all, they were written to the heads of eight countries.42
Consequently, after consolidating their rule in the Arabian peninsula,
the Companions (rta) launched attacks against these countries giving them
two options if they wanted to remain alive: to accept faith or to accept
a life of subjugation by paying Jizyah. None of these nations were
adherents to polytheism in the real sense, otherwise they would have been
treated in the same way as the Idolaters of Arabia.
It is evident from these details that
all these armed campaigns and offensives were not merely
(qital: war), they were in reality a punishment of the Almighty.
This punishment which is meted out to those who deliberately deny the truth
is an established practice of Allah. As a divine scheme, it descended first
upon the Idolaters and the People of the Book of Arabia and then to certain
other nations outside it. Only the Companions (rta) were authorized to
carry them out because they were called 
(shuhada allah fi’l-ard: witnesses of Allah on the earth) by the
Almighty Himself and His Prophet (sws), and it was, as a result, through
their collectivity that the truth became manifest for other nations of
the world. Consequently, this is absolutely certain that fighting those
who have deliberately rejected the truth and forcing the vanquished to
lead a life of subjugation by imposing Jizyah
on them is no longer
allowed. No one after the Prophet (sws) and his worthy Companions (rta)
has the authority to wage war on these grounds or to subjugate the conquered
by imposing Jizyah on them. After them, the sole ground of war for
Muslims is injustice and oppression. They cannot wage war on any other
ground.