Just War Theory and Practice in Islam
Islam, as we explained earlier, is a divine religion of submission to Allah and His revealed guidance for man, which seeks peace and teaches mercy. Although Islam calls for peaceful interactions with all peoples of all countries, engagement in war may become necessary at times as a final remedy. Allah has limited the application of the times to go to war to five situations. It is not called war but “Jihad” according to Islamic terminology, meaning to strive and exert one’s utmost effort in the cause of Allah. The essential difference between war and Jihad is that the objective of Jihad is to defend the Muslims and allow their right to deliver the Islamic invitation to Islam, and to spread the universal message of the Divine Word of Allah, Most Exalted and Almighty. As for war, it may be for defense against aggression, a legitimate reason within certain conditions, but in broad and general historical terms it most often is waged as an aggression and for unjust personal and national vendettas; for imperial, colonial and corporate expansion and hegemony; for the control, exploitation, plunder and theft of material and human resources; or for mere fame, glory and arrogance. Islam does not condone any of the war objectives and above purposes and considers them all illegitimate and worthy of just retribution. There are only five legitimate reasons for Jihad, as follows:
1. Defense against attack upon life, property, wealth and honor of the Muslim nation and national borders. This is based on the verse revealed in the Glorious Qurán:
(
Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah does not love the transgressors.
)
(2:190)
This is also based on the tradition of the Messenger of Allah (p) who said:
“Whoever is killed while attempting to protect his belongings is a martyr; whoever is killed while attempting to protect himself is a martyr; whoever is killed while attempting to protect his religion is a martyr; and whoever is killed while attempting to protect his family is a martyr.”
(Tirmidhi, Abu Da`ood, Nisaa’I & Ibn Majah)
2. Defense against oppression or those assisting in the oppression of the weak and defenseless. Jihad in this type has a clear obligatory humanitarian objective. Allah, Most Majestic, states in His Glorious Qur’an:
(
And why shouldn’t you fight in the cause of Allah, and for those who, being weak, are persecuted and oppressed? Men, women, and children, whose cry is: ‘Our Lord! Rescue us from this town, whose people are oppressors, and raise for us, from Yourself, a protector, and raise for us, from Yourself, a helper!
)
(4:75)
This command to resist aggression and persecution is also based on the verse revealed in the Glorious Qur’an:
(
Those who believed, immigrated, and fought for the Faith, with their property and their persons, in the cause of Allah, as well as those who gave them asylum and aid, these are all friends and protectors, one of another. As to those who believed, but did not immigrate (in the cause of Allah); you do not owe them the duty of protection until they come into exile; but if they seek your aid in religion, it is your duty to help them, except against a people with whom you have a treaty of mutual alliance. And remember that Allah sees all that you do.
)
(8:72)
3. In retaliation to the breach and violation of solemnly concluded covenants, pacts and treaties. This is based on the verse revealed in the Glorious Qur’an that states:
(
But if they violate their oaths after their covenant, and taunt you for your Faith, fight the chiefs of disbelief: for their oaths are nothing to them: that they will henceforth be restrained. Will you not fight people who violated their oaths, plotted to expel the Messenger, and took the aggressive by being the first to assault you? Do you fear them? Nay! It is Allah Whom you should more justly fear, if you truly believe!
)
(9:12-13)
4. Disciplinary actions against those Muslims who aggress and start hostilities without any just cause, and continue obstinately on the path of aggression as Allah the Almighty states:
(
If two parties among the Believers fall into a quarrel, make peace between them: but if one of the parties transgresses beyond bounds against the other, then fight against the one that transgresses until it complies with the Command of Allah. If it complies, make peace between them with justice, and be just and fair: for Allah loves those who are just and fair.
)
(49:9)
This type of jihad proves that the purpose of jihad is always for law and justice since it is waged even against Muslim criminals.
For the spread of the religion of Islam when peaceful means are impossible. This type is only in the last resort after a series of peaceful contacts proves to the Muslim ruler that peaceful means have become impossible. The first step is an invitation to allow the peaceful preaching of Islam, following the practice (sunnah) of the Prophet (p) when, as mentioned above, he had sent letters to the surrounding rulers inviting them to Islam. If the ruler refused this invitation, he and his people are offered the option of becomingdhimmees
, that is, people of the protected non-Muslim community governed by its own religious laws but obliged to abide by the general Islamic laws to maintain law, order and security, and to pay the Jizya tax in lieu of performing military service. Only when the non-Muslims refused these conditions were their grounds for the commencement of open battle for the fact that they oppose the peaceful propagation of Islam. The Muslims are required to wage Jihad against those who not only reject Islam’s universal message for mankind that Allah alone is worthy of worship and Prophet Muhammad (p) is His Messenger but also stop or curtail the spread of this universal message and its propagation by peaceful means. Islam is the universal faith and religion of Allah, the Creator And Lord – Sustainer of mankind, and therefore is not for any specific people but for all men who should be able to learn about Islam and have the chance to submit to Allah willfully: acceptance of Islam and conversion is not the mission or objective that Muslims seek because guidance is only in the Hands of Allah, Most Wise and Sublime. All people must have a chance to hear about the goodness, justice, brotherhood, love, equality and peace and all that Islam teaches. The Benevolent and Almighty Lord of Man states in His Glorious Qur’an:
(
And fight them until there is no more temptation, strife or oppression, and there prevails justice and faith in Allah altogether and everywhere. But if they cease, verily, Allah sees all that they do.
)
(8:39)
If at any time the enemies of Islam and the Muslims cease their hostilities and aggressions and sue for or accept just terms of peace, Muslims are obliged to stop the state of war, start negotiations, and it becomes unlawful for them to pursue any course of warfare against them. Allah, the Wise and Omniscient said:
(
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 Allah had willed, He could have given them power over you, and they would have fought you: therefore if they withdraw from you and do not fight you but instead send you guarantees of peace, then Allah has opened no way for you (to continue the war against them).
)
(4:90)
The causes of legitimate warfare are thus identified above, and other verses in this context are as follows:
Allah, the Great, said:
(
They ask you concerning fighting in the Sacred Months. Say: ‘Fighting therein is a great (transgression) but a greater (transgression) in the sight of Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to the Holy Mosque (in Makkah), and to drive out its inhabitants and fitnah (temptation, worship of idols, and civil strife) is worse than killing.
)
(2:217)
Allah, the Great, says:
(
And fight them until there is no more fitnah (disbelief and worshipping others besides Allah) and (all and every kind of) worship is for Allah. But if they cease, let there be no transgression except against the tyrants.
)
(2:193)
Allah, the Exalted, says:
(
Those who believe fight in the Way of Allah, and those who disbelieve fight in the Way of Taghoot (Satan, idols, tyrants). So fight you against the followers of Satan: Indeed the plot of Satan is feeble.
)
(4:76)
All other types of wars, as mentioned above, resulting in destruction and great loss of life and property, are banned and declared unlawful and aggression in Islam. Wars waged to arrogantly demonstrate force and supposed superiority, as with those rationalized as pre-emptive strikes, are also prohibited in Islam. As Allah, the Exalted, says:
(
And be not like those who started from their homes in arrogance and insolence and to be seen of men, and to hinder men from the path of Allah: for indeed Allah encompasses around all that they do.
)
(8:47)
Although Islam permits fighting for the necessary reasons mentioned above, it lays down strict rules and regulations for the conduct of warfare on both the leaders and the soldiers, the “mujahideen,” and directs all to observe the noble Islamic manners and ethics even in this most difficult of times. The Muslim fighters are permitted to target and kill only those who fight against them or assist and support other fighters in the battlefield. As for the elderly people, minors, women, sick, wounded, or those who isolate and seclude themselves in worship by belief in non-violence, all these categories of people who are non-combatants are not to be targeted, killed, molested or even bothered in any manner by Muslim fighters. It is prohibited to kill an enemy soldier fighting against Muslims wounded and fallen on a battlefield as well. Islam bans mutilation of the bodies and cadavers of all killed enemies. Furthermore, Islam bans the killing of the enemies' animals, and the destruction of their agriculture and dwellings and infrastructure, except in certain circumstances necessary for the immediate battle. Additionally, Islam prohibits intentional pollution of the water sources of the enemies and their wells. Islam considers all the aforementioned items as acts leading to the disruption of the society and unnecessary hardship on the common people.
Jihad in Islam is a means to allow the peaceful spread of the Word of Allah and the message of Islam. As Allah states in His Glorious Qur’an, the intention of this life for a Muslim is to seek the life of the Hereafter through good deeds:
(
But seek with that which Allah has bestowed upon you, the Home of the Hereafter, and do not forget your due portion in this World. Do good as Allah has been good to you, and do not seek occasions for mischief in the land. Indeed Allah does not love those who do mischief.
)
(28:77)
From among the many teachings and guidance from Allah's Messenger, peace and blessings of Allah be upon him, to the mujahideen, are the following:
The Messenger of Allah (p) stated that there is only one legitimate intention for jihad, when he said:
“He who strives and fights in order to make the Word of Allah the Most Supreme is the one who strives and fights for the cause of Allah.”
(Bukhari & Muslim)
When a woman was found killed in one of these battles, the Messenger of Allah mentioned that this one was not fighting and forbade the killing of women and children.(Muslim)
He also gave the following instructions:
“Begin your fight with the Name of Allah against those who declare the state of disbelief in Allah. Fight against them, but do not breach your contracts or covenants. Do not mutilate the bodies of the fighters killed. Do not kill a newly born baby.”
(Muslim)
And he said:
“Go forward in the name of God. Do not kill an elderly person, nor a child, nor a woman, and do not exceed the bounds.” (Malik & Abu Dawood)
The eminent companion, Abu Bakr as-Siddeeq (t
) the first Muslim Caliph of the Islamic State, gave the following advice to the Muslim army he deputed saying:“Wait before you leave. I would like to give you the following advices: Do not betray or act treacherously; Do not steal from the war booty before its proper and lawful distribution; Do not breach your pledges and covenants with your enemies; Do not mutilate the bodies of the killed fighters; Do not kill a little, minor child, a woman, or an elderly man; Do not cut or burn a palm tree [or any other tree for any reason]; Do not cut a fruit-bearing tree; Do not slaughter a sheep, a cow or a camel, except for your food; You may come across people who seclude themselves for the worship of God, leave them alone. Do not bother them or cause any disruption to their lives.
[Reported by at-Tabari, Vol.3, p.226, and others]
Similarly, Muslims must declare war prior to the beginning of the fight. This is because Muslims are neither betrayers, nor dishonest fighters. Islam imposes some of the best of war ethics and morals onto the Muslim fighters. Islam requires full adherence to justice and no oppression to the fighting enemies.
Omar bin Abdul-Aziz, may Allah have mercy on him, one of the early Umayyad Muslim Caliphs, was approached by a delegation of fighters of the city of Samarqand who complained about the Muslim leader, Qutaibah, who had taken them by a surprise attack. The Caliph sent a letter to the governor of the concerned area commanding him to assign a judge to investigate this matter, and if the judge deemed that Muslims should get out of the city and leave it for any breach of trust, they must comply with the judgment. The governor of Samarqand assigned a judge named Jomai' bin Hader al-Baji who passed his verdict that Muslims should leave the city which they had conquered. The Muslim army commander must first declare war openly and with a proper proclamation, prior to invading the land and launching their attack upon the people of Samarqand, give them a chance to prepare themselves for the fight and to know the reasons for the attack. The people of Samarqand seeing the just dealing of the Muslims, decided against restarting hostilities and accepted the terms of Islamic rule.[see "Futuh-al-Buldan" Countries of the Conquests, by Balathuri, p.428]
As with reference to captives and prisoners, always a sensitive and divisive subject between warring parties, Islam strictly forbids intimidation, torture, mutilation, or starving them to death. Indeed, feeding them is a virtue the reward of which is with Allah as he says:
(
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, and we do not desire from you reward nor thanks.
)
(76:8-9)
The Islamic leader reserves the full freedom to release the prisoners of war free without ransom, set terms for their ransom, or release them in exchange for the release of Muslim prisoners of war. This is based on the verse revealed in the Glorious Qur’an:
(
Therefore, when you meet the disbelievers (in warfare), smite at their necks. At length, when you have thoroughly subdued them, bind a firm bond (on them if captured alive). Thereafter (you may dispose of them) either by your generosity or through ransom -- until the war lays down its burdens (by peace treaty). Thus (you are commanded), but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some by means of the others. Those who are slain in the way of Allah, He will never let their deeds be lost.
)
(47:4)
As for the defeated non-Muslim residents of the conquered countries, the people of the Book like the Christians and Jews, were treated with respect, and their integrity, dignity and honor was maintained, their wealth and properties secured from aggression and unjust confiscation. They and their women were never molested or unduly humiliated in any manner, way or means. The homes and dwellings for their families were left unharmed. In summery they were dealt with fairly and justly. Their originally divine faith was honored and dignified, and if they chose to remain upon it they were responsible to respect and obey the Islamic tenants and religion, and maintain obedience to the public good, security and rule of equitable law. This is based on many verses and teachings, including what Allah said as follows:
(
(They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs.
)
(22:41)
One of the best evidences reflecting these teachings is the example set by Omar bin al-Khattab (t
) the second Muslim Caliph of the Islamic State, and the conqueror of the Roman and Persian empires, to the inhabitants of Jerusalem Aelia upon entering it as victorious. Tabari reported that he wrote to them as follows:
"In the Name of Allah, the Most Compassionate and Most Gracious. This is the covenant of security granted by the servant of Allah, 'Omar the Commander of the Faithful, to the people of Aelia. He, hereby, guarantees the security of their persons and property, their churches and crosses, the little and the great and all adherents of the Christian religion. It is prohibited that their churches be inhibited or demolished or diminished as regards with the church itself or its domain. Nor may their crosses be impaired or any of their properties in any manner. They should not be coerced to abandon their faith and none of them may be harmed. No Jews are permitted to live with them in Aelia. Upon the people of Aelia falls the obligation to pay the jizya, as is the case with the people of Mada'in, as well as evict from their midst the Byzantine. Whoever of these who leaves Aelia will be granted security of person and property until he reaches his destination. Whoever decides to stay in Aelia will also be granted the same, and share with the people of Aelia in their rights and pay jizya. The same applies to the people of Aelia as well as to any other person. Those who would like to march with the Byzantines may go and those who would like to return to their people will not be bound to pay anything until they reap their harvest. Allah attests to the content of this treaty, and so do His Prophet, his successors and the believers. This is witnessed by Khalid Ibn Al-Walid, 'Amr Ibn Al-'Aas, Abdur-Rahman Ibn Al-'Awf and Mu'awiyah Ibn Abi Sufyan. Executed in the year 15 Hijri."
Surely, there is nothing comparable in recorded history of mankind. We believe that this is the best form of nobility, justice and tolerance from the conqueror's side towards the vanquished. Most conquerors strip the defeated people from all rights, freedoms and honor, including the right to a decent life, subjugating them to labor as slaves or second-class citizens and serve the conquerors’ interests. Omar bin al-Khattab (t
) could have easily dictated harsh terms and conditions against the defeated Christians and Jews at the time, but followed the lead of the Prophet Muhammad (p) in his generosity and magnanimity when he conquered Makkah after years of dealing with their treacherous warfare of the Medinan period and the bitter persecution of the Makkan period of his mission. This justice aimed at the noble goal of propagating the word of Allah and not gaining personal or national advantage. These examples, among others, illustrate the justice, tolerance, and beauty of Islam, the divinely revealed religion of Allah for universal and just peace. The laws of Allah, the Almighty, must apply to all people without any exception or favoritism.
Non-Muslims living under the Islamic rule are obligated to pay the Jizyah (so called head tax) which is a minimal, symbolic amount imposed on the non-Muslim residents who willingly choose to maintain their previous faith and life under the government of the Islamic State. The basis of this is found in the verse of Allah:
(
Fight against those who do not believe in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, nor acknowledge the religion of truth, from among the people of the Scripture, until they pay the jizya with willing submission and feel themselves subdued.
)
(9:29)
This tax is of three types as calculated by the currency of the time:
The head tax of the rich and the affluent people. This is estimated as forty-eight dirhams of silver taken from each individual annually.
The head tax of the middle-class individuals such as merchants, businessmen, and farmers. This is estimated as twenty-four dirhams of silver taken from each individual annually.
The head tax taken from the laborers and craftsmen who are in business. This is estimated as twelve dirhams of silver taken from each individual annually.
The Jizya tax is imposed on the non-Muslims living in the Islamic State as a sign of submission to the Islamic State, as a symbolic payment for the guarantee that their honor, integrity, wealth and life will be protected by the Islamic government against external enemies and internal violations, and because they are exempted from serving in the military. This protection includes all rights and obligations as specified and agreed upon contractually. In comparison Muslims have additional duties, including the obligation to serve in the military when required, and to pay the Zakah (obligatory alms) and other forms of sadaqah (charity).
Khalid bin al-Waleed (t
) one of the most renowned Muslim war generals, in one of his contractual pledges to the non-Muslims living in the Islamic State said:
“I have given you my pledge of trust to accept your head tax and in return, to protect you against all possible odds (that we protect ourselves against). If we succeed in offering you the protection we would take the head tax. If not, then you would not have to pay it until we can provide you such protection.”
(Balathuri's history)
L. Veccia Vaglieri, in her book entitled “Defending Islam” says:“Conquered people by Islamic governments were given full freedom to maintain and preserve their faith and traditions provided that individuals who elected this option and did not accept Islam as a way of life, would pay a fair head tax to the Islamic government. Head tax was less than what Muslims paid to their government. Non Muslims, residing under Islamic ruled state, paid such tax in exchange for the general blanket protection offered by the Islamic government extended for its own people.”
One must remember that the three types of the jizya tax calculated above were for the earning members whereas other classes of the non-Muslims -- namely the poor, needy, minors, women, the monks, priests, or rabbis, the permanently disabled, and the blind -- were exempted entirely from the payment of this head tax, and their protection, needs and general welfare was undertaken free of cost by the Islamic Treasury.
For example, Omar bin al-Khattab (t
) was sitting once when an old Jew passed by asking people to give him charity. Omar asked about the welfare of the individual and was informed that the man was living as a non-Muslim under the rule of the Islamic state and protection, paying head tax. Omar (t
) declared:“We have not been fair to you! We have imposed head tax on you and charged you such tax when you were young and able, and now we are not providing you with the proper social care and welfare (when you are old and disabled).”
As a result, Omar took the man to his own home, fed him and offered him proper clothing. And thereafter he commanded the Muslim Treasurer: 'Look into the case of this man, and those of similar situation, and give them a sufficient income from the Islamic Treasury, along with their families. Allah, the Almighty, stated in His Qur’an
(
Alms are for the poor and destitute; the needy; those employed to administer the (funds); those whose hearts have been (recently) reconciled (to the truth); those in bondage; and in debt; in the cause of Allah; and for the wayfarer: (thus it is) ordained by Allah, and Allah is full of knowledge and wisdom.
)
(9:60)
The poor are the Muslims. The needy are the People of the Book.” [Abu Yousef, al-Kharaj, p.126]
In Khalid bin al-Waleed’s pledge, may Allah be pleased with him, to the non-Muslims of al-Heerah, in Iraq, the following was written:“Any non-Muslim living under the protection of the Islamic state who grows old and becomes unable to work, or becomes a terminal patient, or becomes broke and bankrupt in such a manner that he would be entitled for charity by his own people's faith, will no longer be required to pay the head tax. Such individuals will be provided for their essential needs from the Islamic Treasury, along with their families”
[Abu Yousef, Al-Kharaj, p.144]
Lis Lictenstadter, a German scholar, in her book titled, “Islam and the Modern Age, states: “The option given to the people of Persia and Rome or the West, during the time of the spread of Islam, was not to be killed by the sword or accept Islam. In fact, the option was either to accept Islam as a way of life, or else to pay the head tax (in exchange for protection). This is a praiseworthy plan which was applied later on in England during the rein of Queen Elizabeth.”[Islam and Modern Age, p. 67. See also, Ahmad Shalabi, Comparative Religious Studies, vol. 3, p.174]
Non-Muslims living under the rule of the Islamic state are fully entitled for full protection and respect for their rights. Allah the Almighty states in the Glorious Qur’an:
(
It may be that God will grant love and friendship between you and those whom you hold as enemies. For God has power over all things; And God is Most Forgiving, Most Merciful. God forbids you not, with regard to those who do not fight you for your Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loves those who are just. God only forbids you, with regard to those who fight you for your Faith, and drive you out of your homes, and support others in driving you out, from turning to them for friendship and protection. Those who turn to them (in these circumstances) do wrong.
)
(60:7-9)
The Messenger of Allah (p) said:
"The one who wrongs a covenanter or impairs his right or overworks him or forcibly takes something from him, I will be his prosecutor on the Day of Judgment."
(Abu Dawood & Nasa’ee)
The Messenger of Allah (p) said:
"The one who kills a covenanter will never smell the scent of heaven and its scent is found at the distance of forty years.”
(Bukhari)
In summery we quote from Will Durant about this much maligned jizya, who quotes from the orientalist Welldiorant: “The people of dhimma: Christians, Zaradishts, Jews and Sabi'a; enjoyed a degree of tolerance during the Umayyad rule which can never be assimilated to Christian countries nowadays. They were free to practice their rituals. They maintained their churches and synagogues and the only obligation was that they should wear a special color and pay tax for every person pro rata on his income. This sum ranged between two and four dinars. This tax was exclusively levied on non-Muslims who can go to war. However priests, women, children, slaves, elderly men, the disabled, the blind and the destitute were exempted from the tax. Dhimmis were exempted from military service in return. They were also exempted from zakat which is 2.5% of the annual income and the government was bound to protect them.” [History of Civilization, vol.12, p131]
0%
Author: Dr.Abdur-Rahman Abdul-Kareem Al-Sheha
