What is Jihad and laws of war in Islam?

The sections of this article are:

1-  What is Jihad?
2-  The laws of war in Islam.
3-  The treatment of prisoners of war in Islam.
4-  Did Islam spread by the sword?  If so, was that Jihad?

 

 

 

1-  What is Jihad?

Jihad means struggling in the name of Allah Almighty.  Jihad doesn't always mean a war or battle.  Any mean for spreading Islam and the Truth, or to fight for what is right and condemn what is wrong (such as fighting the bad and helping the oppressed even if they were not Muslims) are considered Jihad.

I am doing Jihad right now by maintaining my web site, because it is a tool that can be used for spreading Islam and the Truth.  And because it is also a Media tool, it could be used for fighting for what is right and condemning what is wrong.

Islam is not a religion of arms and swords!  When Allah Almighty revealed the Noble Quran to Prophet Muhammad peace be upon him, and Muhammad became the Messenger of GOD Almighty, Muhammad had to spread Islam to 365 Pagan Arab Tribes.  These tribes showed so much hostility toward the Muslims and Islam, and have imposed so many battles against the Muslims. 

Later, when Islam was the religion of what we call today Saudi Arabia, and the 365 Pagan Arab tribes mostly converted to Islam, the Muslims had to yet face another type of challenge.

The Nuclear Soviet Union and the United States of America of our days were the Great Empires of the Christian Romans and the Pagan Persians.  If you know geography and history well enough, then you would see that the Muslims were trapped between those two big Super Powers.

Hostility and Battles from those two Empires were imposed upon the Muslims.  For instance, when our Prophet peace be upon him sent his messenger to "Kisrah", the Emperor of Persia, introducing Islam to him, Kisrah ordered for the Muslims' Messenger to be executed!

Back then, like today, this was considered a coward act.  It was the Persians who showed the hostility toward the Muslims and declared the many battles against Islam.

The Christian Romans weren't any better.  For instance, in one of their many battles against the Muslims is when they saw the threat to their religion in the Middle East, the King "Herucl", sent out an army of 100,000 men and ordered them to go to "Madina" in what we call today Saudi Arabia to destroy Islam once and for all.

The Muslims were not stable yet at that time, and they only sent out an army of 3,000 men at that time to drive the Christian Romans away from Madina.  The battle was named "The battle of Mo'ta" and it took place in Mo'ta, Jordan today.

The Muslims' plan was to meet the Christian Romans far away from Madina, and to have them stray away from Madina.  The army of 3,000 men was successful enough to fight the Christian Romans for few days and then to pull away from the battle and headed South of Jordan.  The Romans strayed away from Madina and the small army of the Muslims was able to run away through the mountains.  More than half of the 3,000 Muslims however were killed in this operation.

The point is that Islam didn't spread by sword with much choice.  The wars were imposed upon the Muslims. The Muslims didn't ask for those wars. 

Islam is a Religion of Love and Peace and Forgiveness [1] [2] [3] [4] [5].

Prophet Muhammad peace be upon him never took any personal revenge from anyone.

What does the Qu'ran say about violence?  Why does the Noble Quran contain Verses that command the Muslims to fight?  See the justified and good reasons behind it.

 

In regards to Jihad and fighting the hostile enemy, Allah Almighty Made it crystal clear in the Noble Quran about being peaceful to ordinary and peaceful non-Muslims, and being very hostile to the hostile enemy:

"Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.  (The Noble Quran, 2:190)"

"On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land.  (The Noble Quran, 5:32)"

"Those who invoke not, with God, any other god, nor slay such life as God has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment.  (But) the Penalty on the Day Of Judgement will be doubled To him, and he will dwell Therein in ignominy.  (The Noble Quran, 25:68-69)" 

"But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things).  (The Noble Quran, 8:61)"

"If thou dost stretch thy hand against me, to slay me, it is not for me to stretch my hand against thee to slay thee: for I do fear God, the cherisher of the worlds.  (The Noble Quran, 5:28)"

"But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things).  (The Noble Quran, 8:61)"

"If thou dost stretch thy hand against me, to slay me, it is not for me to stretch my hand against thee to slay thee: for I do fear God, the cherisher of the worlds.  (The Noble Quran, 5:28)"

"God does not forbid you from showing kindness and dealing justly with those who have not fought you about religion and have not driven you out of your homes. God loves just dealers.  (The Noble Quran, 60:8)"

"And fight them until persecution is no more, and religion is for God.  But if they desist, then let there be no hostility except against wrongdoers.  (The Noble Quran 2:193)"

"Let there be no compulsion in religion:  Truth stands out clear from error:  whoever rejects evil and believes in Allah hath grasped the most trustworthy handhold, that never breaks.  And Allah heareth and knoweth all things.  (The Noble Quran, 2:256)"

"Again and again will those who disbelieve, wish that they had bowed (to God's will) in Islam.   Leave them alone, to enjoy (the good things of this life) and to please themselves: let (false) hope amuse them: soon will knowledge (undeceive them).  (The Noble Quran, 15:2-3)"

"Say, 'The truth is from your Lord': Let him who will believe, and let him who will, reject (it):......(The Noble Quran, 18:29)"

"If it had been thy Lord's will, they would all have believed,- all who are on earth! wilt thou then COMPEL mankind, against their will, to believe!  (The Noble Quran, 10:99)"

"Say: 'Obey Allah, and obey the Messenger: but if ye turn away, he is only responsible for the duty placed on him and ye for that placed on you.   If ye obey him, ye shall be on right guidance.  The Messenger's duty is only to preach the clear (Message).  (The Noble Quran, 24:54)"

"Say : O ye that reject Faith!  I worship not that which ye worship, Nor will ye worship that which I worship.  And I will not worship that which ye have been wont to worship, Nor will ye worship that which I worship.  To you be your Way, and to me mine.  (The Noble Quran, 109:1-6)"




The reason for "Jihad" Noble Verses:


The so-called "Jihad" Noble Verses came for specific times and places.  They don't apply for all times and everybody!  I can't slay you, a non-Muslim, just because you're not a Muslim.  The pagan Arabs were very hostile people and only knew the sword as an answer.  Many wars were imposed upon the Muslims, and thus, it is only normal and natural to find Noble Verses that deal with these specific hostile situations.  But the Message of the Noble Quran is PEACE, as clearly proven in Noble Verses 2:190, 8:61 and 5:28 above.

 

 

2-  The laws of war in Islam:

Muslims are forbidden from attacking others who do not attack them:

"Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.  (The Noble Quran, 2:190)"

Fighting in the cause of GOD Almighty those who fight us is what "Jihad" is all about.  I can't go and kill a non-Muslim just because he is a non-Muslim.  That is absolutely forbidden in Islam:

"On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land.  (Noble Quran 5:32)"

"Those who invoke not, with God, any other god, nor slay such life as God has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment.  (But) the Penalty on the Day Of Judgement will be doubled To him, and he will dwell Therein in ignominy.  (The Noble Quran, 25:68-69)" 

Jihad can only be declared when the Muslims are attacked.   Muslims are not allowed to attach those who do not attack them.  And even when war breaks out, if the enemy offers an honest peace, then we should accept it and end the blood shed:

"But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things).  (The Noble Quran, 8:61)

And if a treaty of peace was made, then we must honor that treaty to the end:

"Except those who join a group between whom and you there is a treaty (of peace), or those who approach you with hearts restraining them from fighting you as well as fighting their own people. If God had pleased, He could have given them power over you, and they would have fought you: Therefore if they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then God Hath opened no way for you (to war against them).   (The Noble Quran, 4:90)"

"How can there be a league, before God and His Apostle, with the Pagans, except those with whom ye made a treaty near the sacred Mosque? As long as these stand true to you, stand ye true to them: for God doth love the righteous.  (The Noble Quran, 9:7)" 

 

 

3-  The treatment of prisoners of war in Islam:

Can Muslims torture prisoners of war?

The sections of this article are:

1-  Can Muslims torture prisoners of war?
2-  Did Prophet Muhammad ever abuse or kill any of his Captives or take personal revenges from them?
3-  Muslims are commanded by Allah Almighty to treat their Captives with kindness and to feed them!
4-  When is the captured enemy must not be considered a "Captive" or "Prisoner of War"?  And how can Muslims punish them? 
Is Ethnic Cleansing allowed in Islam?
   - So what are those times where Muslims must not accept any captive?
   - Further explanations from Sheikh (Minister) Abdullah Yusuf Ali.
5-  Conclusion.

 

 

 

1-  Can Muslims torture prisoners of war?

For the Captives of war, absolutely not!  But for the enemy who has treacherous designs against the Muslims, there is a punishment that he must face as shown below in the article.  Those "treacherous designs" are the tricky and deceiving evil actions such as causing a war between the Muslims and other non-Muslim tribes by using tricks and deceptions.  Another example is when some of the hypocrites during Prophet Muhammad's times used to falsely embrace Islam to be accepted among the Muslims, and then later try to create conflicts among Muslim men and cause them to revenge from each others, because they belonged to tribes that had bloody wars with each others before they embraced Islam.  The punishment for such enemy is Noble Verses 5:33-34 as shown below in this article.

Let us look what Allah Almighty Said regarding the captives or the prisoners of wars:

"O Prophet! say to those who are captives in your hands: 'If Allah findeth any good in your hearts, He will Give you something better than what has been taken from you, and He will Forgive you: for Allah is Oft-Forgiving, Most Merciful.   But if they have treacherous designs against thee, (O Messenger!), they have already been in treason against Allah, and so hath He given (thee) power over them.  And Allah is He who hath (Full) knowledge and wisdom.  (The Noble Quran, 8:70-71)"

The following explanation of Noble Verses 8:70-71 was taken from the commentary of Sheikh (Minister) Abdullah Yusuf Ali's (may Allah Almighty rest his soul) English translation:

"This is a consolation to the prisoners of war.  In spite of their previous hostility, Allah will forgive them in His mercy if there was any good in their hearts, and confer upon them a far higher gift than anything they have ever lost.  This gift in its highest sense would be the blessing of Islam, but even in a material sense, there was great good fortune awaiting them, e.g., in the case of Al-Abbas (who was among the unbelievers and was taken as a prisoner of war). 

Note how comprehensive is Allah's care.  He encourages and strengthens the Muslims, at the same time condemning any baser motives that may have entered their minds.   He consoles the prisoners of war and promises them better things if there is any good in them at all.  And He offers comfort to those who have left their homes in His Cause, and knits them into closer fellowship with those who have helped them and sympathized with them.

If the kindness shown to them is abused by the prisoners of war when they are released, it is not a matter of discouragement to those who showed the kindness.  Such persons have in their treachery shown already their treason to Allah, in that they took up arms against Allah's Prophet, and sought to blot out the pure worship of Allah.  The punishment of defeat, which opened the eyes of some of their comrades, evidently did not open their eyes.  But Allah knows all, and in His wisdom will order all things for the best.  The Believers have done their duty in showing such clemency as they could in the circumstances of war.  For them "Allah sufficeth" (Noble Verse 8:62)" [2].

Note:  For the captives, paying money is not always the way to freedom.  It is true that they would lose their weapons and other equipment such as their carts, horses, camels, etc..., but to gain their way out of captivity doesn't always have to be through paying money. 

When the Muslims won the first battle of Islam against the Pagans, the battle Badr, our Prophet peace be upon him told his captives that whoever wants to earn his freedom he must teach 10 illiterate Muslims how to read and write, and he will then be set free.

 

 

2-  Did Prophet Muhammad ever abuse or kill any of his Captives or take personal revenges from them?

Absolutely not!  Killing captives is forbidden in Islam, except for those who deserve it such as war criminals as clearly proven below in section #4

Narrated Salim's father: "The Prophet sent Khalid bin Al-Walid to the tribe of Jadhima and Khalid invited them to Islam but they could not express themselves by saying, "Aslamna (i.e. we have embraced Islam)," but they started saying "Saba'na! Saba'na (i.e. we have come out of one religion to another)." Khalid kept on killing (some of) them and taking (some of) them as captives and gave every one of us his Captive. When there came the day then Khalid ordered that each man (i.e. Muslim soldier) should kill his captive, I said, "By Allah, I will not kill my captive, and none of my companions will kill his captive." When we reached the Prophet, we mentioned to him the whole story. On that, the Prophet raised both his hands and said twice, "O Allah! I am free (or innocent or not responsible for) from what Khalid has done."  (Translation of Sahih Bukhari, Volume 5, Book 59, Number 628)"

"They perform (their) vows, and they fear a Day Whose evil flies far and wide.  And they feed, for the love of Allah, the indigent, the orphan, and the captive -- (Saying), 'We feed you For the sake of Allah alone:  No reward do we desire from you, nor thanks.'  (The Noble Quran, 76:7-9)"

 

Listen to my AUDIO rebuttal to Christian_Prince regarding this subject.

 

Muslims not only can't kill their captives, but they also must feed them for the "love of Allah".

Our Prophet peace be upon him forgave the enemies of Islam.  When the Muslims liberated Mecca from the Pagan Arabs, and the Pagans' army gave up, because they were widely out numbered by the Muslims, our Prophet peace be upon him said his very famous word that was taught to us in schools:

"Go, you are free."


Compare this with the Bible's real terrorism toward captives:

Numbers 31:7, 17-18 "They fought against Midian, as the LORD commanded Moses, and killed every man.......Now kill all the boys [innocent kids]. And kill every woman who has slept with a man, but save for yourselves every girl who has never slept with a man."

1 Samuel 15:2-4
2 Thus saith the LORD of hosts, I remember that which Amalek did to Israel, how he laid wait for him in the way, when he came up from Egypt.
3 Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.
4 And Saul gathered the people together, and numbered them in Telaim, two hundred thousand footmen, and ten thousand men of Judah.

(www.answering-christianity.com/age3.htm)

 

Please visit Prophet Muhammad never took any personal revenge.  This article covers this issue. 

 

 

3-  Muslims are commanded by Allah Almighty to treat their Captives with kindness and to feed them!

 

Again, listen to my AUDIO rebuttal to Christian_Prince regarding this subject.

 

Let us look what Allah Almighty said in the Noble Quran:

"They perform (their) vows, and they fear a Day Whose evil flies far and wide.  And they feed, for the love of Allah, the indigent, the orphan, and the captive -- (Saying), 'We feed you For the sake of Allah alone:  No reward do we desire from you, nor thanks.'  (The Noble Quran, 76:7-9)"

In these Noble Verses, we clearly see how Allah Almighty orders the Muslims to treat their captives with kindness and to not expect anything back in return.  Muslims must do it for the love of Allah Almighty, hence they have to feed their captives in kindness and love.

Notice here how Allah Almighty is so Great, Merciful and Gracious, that even the captives are given His Love.  Allah Almighty's door for Mercy and Forgiveness is always open.

Please visit The Mercy and Forgiveness of Allah Almighty.

 

 

4-  When is the captured enemy must not be considered a "Captive" or "Prisoner of War"?  And how can Muslims punish them?   Is Ethnic Cleansing allowed in Islam?

What power did Allah Almighty give to Prophet Muhammad over the enemies who had treacherous designs against Islam; "....and so hath He given (thee) power over them.....(The Noble Quran, 8:71)"?

The captured enemy can not be considered a captive or prisoner of war if he had treacherous designs against the Muslims. 

 

This would never apply to ordinary soldiers!

 

It would rather apply to people like war criminal leaders and commanders.   There is a punishment that such enemy must face as shown below in Noble Verses 5:33-34.  Those "treacherous designs" are the evil actions such as for instance causing a war between the Muslims and other non-Muslim tribes by using tricks and deceptions.  Another example is when some of the hypocrites during Prophet Muhammad's times used to falsely embrace Islam to be accepted among the Muslims, and then later try to create conflicts among Muslim men and cause them to revenge from each others, because they belonged to tribes that had bloody wars with each others before they embraced Islam, and the tribal mentality might still remained in them.  The punishment for such enemy is Noble Verses 5:33-34 as shown below in this article.

And yes, Ethnic cleansing can be applied to that person or group of treacherous people.  Ethnic cleansing is not allowed in Islam for any other case!  Normal people can not be Ethnically cleansed as the Yugoslav Serbs did to the Muslim Kosovars just because they differ in religion or race.  Only the treacherous people or individuals or war criminal leaders can be Ethnically cleansed or exiled.

Let us look at what Allah Almighty Said in the Noble Quran:

"The punishment of those who wage war against God and His Apostle, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; Except for those who repent before they fall into your power: in that case, know that God is Oft-forgiving, Most Merciful.  (The Noble Quran, 5:33-34)"

There are times when Muslims must accept no captives.  This is the time when the Muslims are ordered to punish the enemy severely. 

 

So what are those times where Muslims must not accept any captive?

When they had been betrayed by the enemy.  Let us look at some incidents where Noble Verse 5:33 had been applied to the enemy:

The first incident is when the Muslims were just starting Islam in Madina.  Along with the Muslims there, there were some Christians and three big Jewish tribes:  Bani Al-natheer, Bani Qaynuqaa, and Bani Quraytha.  When the Pagans of Mecca wanted to end Islam once and for all, they finally agreed along with several other Pagan tribes out side Mecca to attack the Muslims in Madina. 

Prior to this, the Muslims had already signed a treaty of united defense of Madina with the Jews.  When the Pagans of Mecca and their allies finally started marching to Madina, the Muslims became aware of it.  One of our beloved Prophet's close companions, Salman Al-Farisi (may Allah Almighty be pleased with him, rest his soul and grant him Paradise), suggested that the Muslims should dig a big trench to along all of the plain areas of Madina to disable the Pagans from attacking the Muslims. 

The Jews' tribes were stationed in the North side of Madina.  They didn't need to dig any trench because they had such high mountains that they could easily defend by stationing their troops on top of the mountains, which would then disable the Pagans from entering Madina from the North.  But the Jews will always remain Jews no matter what.   They betrayed our Prophet and told the Pagans that they could attack them from the North along with the Jewish army.  Allah Almighty had blessed the Muslims with a big victory after long battles and Allah Almighty's blessings of the winds that blocked the eye sights of the enemies of Islam. 

After the Pagans withdrew back to Mecca, our Prophet peace be upon him executed Noble Verse 5:33 and exiled Bani Quraytha, the first Jewish tribe to betray the Muslims, from Madina.  Later on, the other two Jewish tribes were exiled too.

The second incident is in the following narration about our Prophet Muhammad peace be upon him, which further explains in details when the Muslims need to apply Noble Verse 5:33 to the enemy: 

Narrated Abu Qilaba: "Anas said, "Some people of 'Ukl or 'Uraina tribe came to Medina and its climate did not suit them. So the Prophet ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle.  (Sahih Bukhari, Ablutions (Wudu'), Volume 1, Book 4, Number 234)" 

Notice in the above incidents that the enemy had betrayed the Muslims.  In the first incident, the Jews betrayed the Muslims by breaking up the treaty and fighting along side with the Pagans.  In the second incident, the Pagans killed the Shepherd and and stole all of the Camels after they gained the Muslims' trust by embracing Islam.   These are the only times where Prophet Muhammad peace be upon him ever applied Noble Verse 5:33 to anyone. 

Please visit Did Prophet Muhammad prescribe Camel Urine as Medicine?  See from Medical proofs that several of our medicines today are indeed extracted from animal urines.

The point is that Muslims are not allowed to kill ordinary "Prisoners of War" as it is clearly stated in Noble Verses 8:70-71. The sever punishment for the enemy and the refusal to accept any captives is when the Muslims had been betrayed by the enemy (Noble Verse 5:33). 

Note:  Notice also in Noble Verse 5:34 that the door for mercy and forgiveness for the sincere enemy is open.   The Muslims can not do any harm to the enemy if the enemy repents. 

 

Further explanations from Sheikh (Minister) Abdullah Yusuf Ali:

The following explanation of Noble Verse 5:33 comes from the Noble Quran that I used, which was translated by Sheikh (Minister) Abdullah Yusuf Ali; may Allah Almighty rest his soul:

"For the double crime of treason against the State, combined with treason against Allah, as shown by overt crimes, four alternative punishments are mentioned, any one of which is to be applied according to circumstances, viz., execution (cutting off  of the head), crucifixion, maiming, or exile." [3].

 

 

5-  Conclusion:

Islam is a merciful religion and Allah Almighty gives the enemies of Islam the opportunity to be forgiven when they're captured in the battle field.  Muslims must always treat their captives with kindness and feed them.

If the enemy was caught after they played a very dirty trick on the Muslims and caused the Muslims much damage from their evil deceptions and tricks as the Jews and some of the people of Tribe of Urania did to our Prophet and the Muslims, then Noble Verse 5:33 must be applied for their punishment.

The door for mercy and forgiveness is always open for the treacherous enemy as clearly stated in Noble Verse 5:34, but depending on the situation, if the enemy is so obviously not willing to sincerely repent even if they declare it, then Noble Verse 5:34 can not be applied to them and the punishment of Noble Verse 5:33 must be applied. 

 

 

Bibliography:

1- The Meaning of the Holy Qur'an.
Author:  Abdullah Yusuf Ali.
Published by:  Amana Publications, 10710 Tucker Street, Suite B, Beltsville, Maryland 20705-2223 USA.
Telephone:  (301) 595-5777.
Fax:  (301) 595-5888.
ISBN:  0-91597-59-0 (HC).

2- The Meaning of the Holy Qur'an [1].  Foot notes #1237 and #1238, page 432.

3- The Meaning of the Holy Qur'an [1].  Foot note #738, page 257.

 

 

 

 

 

 

4-  Did Islam spread by the sword?  If so, was that Jihad?

Please visit Why did Muhammad take up arms and Christ didn't?  Why did Islam spread by the sword if it were indeed a Religion of Truth, and Christianity didn't?  Jesus killed his enemies.

The Muslims did not start any battle with anyone.  It was the infidels from the 365 Arab Pagan tribes, and later the Persian and Roman Empires who waged wars against the Muslims.  So, yes, since the Muslims were not the aggressors, then this was Jihad; "Fight in the cause of God those who fight you, but do not transgress limits; for God loveth not transgressors.  (The Noble Quran, 2:190)"

 

 

 

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