Jihad - A Misunderstood Concept from Islam

Preamble

It cannot be over-emphasized that Islam upholds the values of reason, balance and responsibility in the conduct of its worldly affairs. There is nothing arbitrary about its legal provisions relating to matters of war, peace, international relationships and the rule of law. In this area there is considerable agreement between Islamic law and the legal systems currently practiced throughout the world. In addition to the real possibility that these legal systems were profoundly influenced by the legal heritage of Islam, this commonality can be explained by the fact that the protection and endorsement of basic human rights form the cornerstone of Islamic legislation.

The international community has come to agree, through the institution of the United Nations, on a body of human rights and interests which Islam has always endorsed. This ought not to surprise anyone if the basic realism, rationality and pragmatism of Islamic law is recognized.

The critics of Islam, however, insist that Islam and Muslims are openly hostile and intolerant towards communities other than their own. They refer to the Qur’anic verses that exhort the believers to fight the infidels, they point to the battles of early Islam and the eventual confrontation between the Crusaders and the Saracens or Moors, and now, the contemporary stereotype of the Arab "terrorist".

It must be noted that many Orientalists might object to this characterization of their views on the question. Indeed many of them subscribe to more nuanced positions. More recent scholarship has completely abandoned the emotionally-charged vocabulary of earlier Orientalism. It remains true, however, that Islam is still imagined as threatening, fanatical, violent and alien by significant sections of the world's media.

In formulating an answer to all of this, it is crucial to focus on a general definition of Islam, so as not to fall into any misunderstanding about Jihad and its place within the Din. The common expression that Islam is a "way of life" has become hackneyed to the point where we can well do without it. Islam is more accurately described as “establishing the kingdom of heaven on earth.”

This latter statement must be carefully understood if we are to avoid the superficial moralizing or equally misleading literalism that characterizes much contemporary thinking about Islam. It is far from desirable to simply quote, as an apparent show of understanding, scriptural support for this or that personal opinion we may have about a particular subject.

Neither is it enough to use Qur’anic or Prophetic texts without adequate knowledge of the human situation and cultural milieu in which they were revealed and first applied, as well as the precedence of some verses over others based on order of revelation or abrogation.

In other words, context and circumstance of Qur’anic revelation and Hadith are crucial in coming to terms with Jihad. It is an error to judge Islam and Muslims in the light of the kind of "Jihad" that has fallen victim to ideological tendencies. The critic also has to be wary of the interpretation of "Jihad" which is projected, and sometimes imposed, by the selective "religious reformism" so rampant today. They ignore central aspects of Islam’s intellectual heritage, selectively repress important figures and disregard Islam's impeccable history of adherence to the standards of law and justice in affairs of state.

Jihad in History and Law

This being said, let us now consider the nature of Jihad more fully as it appears in the history and law of Islam. Jihad in Arabic means "to strive for some objective". Thus, the common assumption, that Jihad is combat, is incorrect. In fact Jihad, in its technical meaning, has several branches, among which are the combative forms of Jihad.

Ibn Rushd, in his Muqaddimaat, divides Jihad into four kinds: "Jihad by the heart; Jihad by the tongue; Jihad by the hand and Jihad by the sword." He defines "Jihad by the tongue" as "to commend good conduct and forbid the wrong, like the type of Jihad Allah (swt) ordered us to fulfill against the hypocrites in His Words, “O Prophet! Strive hard against the unbelievers and the hypocrites” [9:73]. So the Prophet (s) strove against the unbelievers by sword and against the hypocrites by tongue." Said Ramadan Buti, a contemporary Orthodox scholar from Syria states, in his seminal work on the subject Jihad in Islam "… even before he conducted Jihad by sword against the unbelievers, there is no doubt the Prophet (s) invited these unbelievers peacefully, lodged protests against their beliefs and strove to remove their misgivings about Islam. When they refused any other solution, but rather declared a war against him and his message and initiated the fight, there was no alternative except to fight back."

One form of Jihad, usually overlooked in today's pursuit of newsworthy headlines, is the Jihad of presenting the message of Islam-da`wah. Thirteen years of the Prophet's (s) 23-year mission consisted purely of this type of Jihad. Contrary to popular belief, the word Jihad and related forms of its root word <jahada> are mentioned in many Makkan verses in a non-combative context.

Combative Jihad in the technical usage of Islamic law means "the declaration of war against belligerent and aggressive non-Muslim powers or against fellow Muslim transgressors". It is not a haphazard decision taken by anybody. The principles of Islamic jurisprudence state that the actions of the leader must be guided by the interests of the people and that the interests of the collectivity has, in some cases, precedence over the interests of the individual.

Jihad and Islamic Propagation

God states in the Qur’an, "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance." [16:125]

Calling people to Islam and making them acquainted with it in all its aspects through dialogue and kind persuasion is the first type of Jihad in Islam, in contrast to the imagined belief that Jihad is only of the combative form. This is referred to in the Qur’an where Allah (swt) says, "so obey not the disbelievers, but strive against them (by preaching) with the utmost endeavor with it (the Qur’an)" [25:52]. Here the word "strive" <jaahidu>, is used to mean struggle by means of the tongue—preaching and exhortation—and to persevere despite the obstinate resistance of some unbelievers to the beliefs and ideals of Islam.

Imam Nawawi in his book al-Minhaj, when defining Jihad and its different categories, said, "one of the collective duties of the community as a whole (fard kifaya) is to lodge a valid protest, to solve problems of religion, to have knowledge of Divine Law, to command what is right and forbid wrong conduct".

The explanation of Jihad in Imam al-Dardir's book Aqarab al-Masalik is that it is propagating the knowledge of the Divine Law commending right and forbidding wrong. He emphasized that it is not permitted to skip this category of Jihad and implement the combative form, saying, "the first [Islamic] duty is to call people to enter the fold of Islam, even if they had been preached to by the Prophet (s) beforehand." Similarly, Imam Bahouti commences the chapter on Jihad in his book Kashf al-Kinaa by showing the injunctions of collective religious duties (kifaya) that the Muslim Nation must achieve before embarking on combative Jihad, including preaching and education about the religion of Islam, dismissing all the uncertainties about this religion and making available all the skills and qualifications which people might need in their religious, secular, physical and financial interests because these constitute the regulations of both this life and the life to come. Hence, da`wah—performing the activities of propagating Islam and its related fields of knowledge—is the cornerstone of the 'building' of Jihad and its rules; and any attempt to build without this 'stone' would damage the meaning and reality of Jihad.

Removing all misconceptions and stereotypes in clarifying the image of Islam held by non-Muslims, building a trusting relationship and working with them in ways that accord with their way of thinking, are all primary forms of Jihad. Similarly, establishing a strong community and nation which can fulfill all physical needs of its people, thereby creating for them conditions in which the message will be heard, rather than being lost in the strife and struggle of everyday life, are requirements and form a basic building block of the Jihadic concept. These foundations fulfill the Qur’anic injunction, "Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: and these it is that shall be successful." [3:104] Until this is accomplished the conditions of Jihad remain unfulfilled.

Forced Conversion?

So the foundation of Jihad is Islamic propagation (da’wah). The question often asked is whether Islam condones and teaches the forced and armed conversion of non-Muslims. This is the image sometimes projected by Western scholars and as any Muslim scholar will tell you, is seriously flawed. The Qur’an clearly states "There is no compulsion in religion, the path of guidance stands out clear from error" [2:256] and [60:8]. In this verse, the word "rushd" or "path of guidance" refers to the entire domain of human life, not just to the rites and theology of Islam.

There is no debate about the fact that pre-Islamic Arabia was a misguided society dominated by tribalism and a blind obedience to custom. In contrast, the clarity of Islam and its emphasis on reason and rational proofs excluded any need to impose it by force. This verse is a clear indication that the Qur’an is strictly opposed to the use of compulsion in religious faith. Similarly, Allah addressed Sayiddina Muhammad (s) saying, "Remind them, for you are only one who reminds." [88:21] Allah addresses the believers, urging them to obey the injunctions of Islam,

"Obey Allah, and obey the Messenger, and beware (of evil): if you do turn back, then know that it is Our Messenger's duty to proclaim (the message) in the clearest manner." [5:92] However, this verse makes it clear that the Messenger's duty is only to proclaim and preach the message; it remains to each individual to accept and to follow.

Conditions for Combative Jihad

The ruler, the Imam, is completely answerable to the people and their legal apparatus, the most important representatives of whom are the scholars. The position of the law is that only at such a time when it can be reasonably proven that;

there are aggressive designs against Islam; and,

there are concerted efforts to eject Muslims from their legally

acquired property; and, that military campaigns are being launched to eradicate them.

At such a time the ruler can declare and execute the provisions of Jihad. It is a condition that there be a leader of the Muslims, an Imam, to declare combative Jihad. In al-Mughni, Ibn Qudama states "declaring Jihad is the responsibility of the Imam and is his independent legal judgment." Al-Dardir says, "proclaiming Jihad comes through the Imam's assignment of a leader". Abu Bakr Al-Jazaa'iri states that the pillars of Jihad are: "A pure intention and that it is performed behind a Muslim Imam and beneath his flag and with his permission. …it is not permissible for them to fight without an Imam."

Similarly the ruler, the political leader of the whole country, has the power to ratify peace treaties if they are consistent with the interests of the Muslims. Conscription has to be confined to young men of sound health on condition that they have parental permission to engage in combat. The exception is where the enemy has already entered the borders of a Muslim state in which case Jihad becomes unconditionally incumbent on every able man.

Islamic Terms of Ratifying Peace

Allah said, "Enter into peace completely and do not follow the steps of Satan."

[2:208] The Prophet (s) said, after establishing the Islamic state in Madina, that the way of the Muslims is one. No single group can autonomously declare war or fight, nor can any one group make peace by itself, but the entire Muslim nation must make peace. A peace treaty can be made by the nations’ leader and all subjects of the nation are bound by that decision, regardless of whether the leader was appointed or elected. The final decision is up to the ruler after his consultation with others.

If a state has no leader then it must select one, or all the neighboring states and nations must come together and agree on a treaty with any foreign country. This applies as much to peace as it does to war. No individual or group may come forth and declare a Jihad: such will be a false Jihad. All Muslim nations and their leaders must come together for a decision of war or peace and that is the only accepted process.

Naturally every community has the right to self-defense and in the case of Islam, where religion is the primary dimension of human existence, war in defense of the nation becomes a religious act. A lack of understanding of this quality of Islam, its non-secularism; has also contributed considerably to the fear that when Islam talks about war it means going to war to convert. This might be true in other cultures, but Islam must be allowed to speak for itself.

Al-Dardir says of this, "Jihad becomes a duty when the enemy takes [Muslims] by surprise". Said Ramadan al-Buti shows that fighting in this case is an obligation of the community as a whole. This is based on the Prophet's (s) saying "He who is killed in defence of his belongings, or in self-defence, or for his religion, is a martyr".

This verse mentions a fundamental principle of Islam regarding Muslim/Non-Muslim relationships. Muslims are