By
Kamal Mustafa Azhari for New Age Islam
Translated
from Urdu by Newageislam.com
2
Jun 2021
Islam
Enshrines Rules and Conditions for the Legitimate Fighting
Main
Points
Inflicting
oppression or cruelty on human beings including non-Muslims is a crime in Islam
Objective
of fighting in Islam is not to annihilate the enemy but to avoid their danger
Islam
permits the fighting only against the fighters and not against those who are
unarmed and peaceful
Islam
prefers peace-treaty but permits fighting when the treaty is violated
…………….
Doubt
No. 5: An insult to the purity of Islam is that every religion has terms and
conditions of war, whereas in Islam, there are no such rules, conditions and
teachings, but Islam only commands to kill through Jihad!!!!
How
would the people such as Narsinshanand and Wasman Rafizi know the realities of
Islam, who are regularly wasting their time looking for shortcomings in Islam
and do not want to come close to Islam?
“Lazzate
mah na shanaasi ba khuda tan nah chshi” (Persian)
(Meaning
in Urdu: Sharab-e-Muhabbat Jab Tak Chakhoge Nahi Uski Lazzat se Aashnaai mumkin
nahi
Meaning
in English: Unless you taste the drink of love, you can’t get acquainted with
the pleasure of love)
We
will orderly present here the basic principles and realities of the Islamic
position on the concept of war.
Idhar
aa sitamgar hunar azmayein
Tu
teer aazma hum jigar azmayein
Meaning:
Come
here, O tyrant, let us challenge our skills
You
use an arrow, I will use my heart
The
First Fact
Inflicting
oppression or cruelty on anyone without any just cause is a great crime that is
strictly forbidden in Islam. As a Muslim, if someone is involved in this crime,
even if it is against the infidel, it is an act of oppression and
transgression. Allah Almighty says in the Quran,
“Fight in the way of Allah those who fight you
but do not transgress. Indeed. Allah does not like transgressors.” (2:190)
The
Tafsir-e-Baghwai comments under this verse, “The divine command, “Do not
transgress” means ‘do not kill women, children, old, priests and monks and
those who seek peace with you”.
Allah Almighty
says, “And do not let the hatred of a people for having obstructed you from
al-Masjid al-Haram lead you to transgress” (5:2)
The
Second Fact
The
purpose of fighting in Islam is not to annihilate the enemy but to avoid their
danger. Therefore Islam does not permit the continuation of war after the
danger has been avoided by the treaty or when the enemy surrenders or escapes.
Allah says in the Quran,
“Fight
them until there is no [more] fitnah and [until] worship is [acknowledged to
be] for Allah. But if they cease, then there is to be no aggression except
against the oppressors.” (2:193)
By
reconciling with the Quraysh, the Prophet (peace be upon him) set a great
example of the peace treaty of Hudaybiyyah. For the benefit of his cause, the
Blessed Prophet (peace and blessings of Allah be upon him) did not pursue the
Romans when they had escaped in the battle of Tabuk.
The
Third Fact
The
fighting is only against the aggressors and fighters on the battlefield and
there is no war against those who are unarmed, or away from the battlefield, or
those who seek peace or withdraw. Allah says in the Quran,
“Except
for those who take refuge with a people between yourselves and whom is a treaty
or those who come to you, their hearts strained at [the prospect of] fighting
you or fighting their own people. And if Allah had willed, He could have given
them power over you, and they would have fought you. So if they remove
themselves from you and do not fight you and offer you peace, then Allah has
not made for you a cause [for fighting] against them.” (4:90)
Because
of this divine command, the aforementioned people are exempt from this rule.
The
Fourth Fact
If any
party breaks the treaty, it is only then that the war is declared because it
has broken the agreed covenant. Thereafter, the delay in the reckoning of the
traitor is tantamount to promoting tyranny, spreading corruption, destructing
peace, security and trust between nations. The State governed by Islam actually
prioritizes peace and security. As for the fighting, it is temporarily
prescribed, but when the covenant is broken, then Islam is not tolerant of
transgressors.
The
Fifth Fact
The
objective of legitimate and just fighting in Islam is to eradicate the evil of
the enemy and to remove oppression from the weak. In all ages, all these laws
of the State governed by Islam are to be preserved and upheld in favour of the
oppressed, as Allah, the Exalted, indicated in the first command of fighting
that it is indeed the right to defend the lives of the oppressed believers.
He
Almighty says, “Permission [to fight] has been given to those who are being
fought because they were wronged. And indeed, Allah is competent to give them
victory.[They are] those who have been evicted from their homes without right -
only because they say, "Our Lord is Allah." And were it not that
Allah checks the people, some by means of others, there would have been
demolished monasteries, churches, synagogues, and mosques in which the name of
Allah is much mentioned. And Allah will surely support those who support Him.
Indeed, Allah is Powerful and Exalted in Might.” (22:39-40)
So in
this verse too, the command of war is meant for the defence of the oppressed.
However, in those places where Muslims are safe from evil, they are not allowed
to wage Jihad due to lack of conditions.
The
Sixth Fact
The
verses in which the fighting was commanded to be waged have not abrogated the
verses which command patience and perseverance when facing persecution from
enemies, which are 114 verses in 48 Surahs.
War is
waged in times of need and after the adoption of sufficient resources.
The
Prophet (peace be upon him) is reported to have said, “O People! Do not wish to
face the enemy (in a battle) and ask Allah to save you (from calamities) for
health and security. But if you should face the enemy, then be patient and let
it be known to you that Paradise is under the shades of swords.” (Sahih
al-Bukhari 2966)
The
Prophet (peace be upon him) first commanded to refrain from the war under
normal circumstances and when the conditions were not favourable and there was
no chance for peace and reconciliation, he ordered war in return.
How
can these enlightened facts of Islam be observed by those whose ears, eyes and
hearts are completely sealed, as Allah says in the Quran, “Allah has set a seal
upon their hearts and upon their hearing, and over their vision is a veil. And
for them is a great punishment.
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Mustafa
Kamal Azhari, the son of a popular Sunni debator Allama Sagheer Ahmad
Jokhanpuri, is a classical Islamic scholar (Aalim and Fazil). Presently he is
doing research work in the Faculty of Theology at Al-Azhar University, Cairo,
Egypt.
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Related
Article:
Removing Doubts Concerning Verses of Jihad in Quran: Is Jizya in Islam an
act of oppression? Part 2