Law of War

Law of War
(As provided in the Holy Qor-aan)

See our Commentary titled as Islaam – 303 – Mullah’s Jihad is no road to Peace which is the hub-post and refers to about a dozen other Commentaries related to different aspect of Jihad.

Arabic root of Hurb      حِ    ر   ب     and its derivative words refer to battle, fight or war.  Clearly distinct from that is the root of Qutl and its derivative words that refer to (a) defend, fight, oppose, protect, push back, resist or retaliate; (b) oppress or persecute; and (c) kill, murder or slay which are the only meanings that some  translations have used.

Several derivative words of both the roots of Hurb and Qutl have been used in the Holy Qor-aan numerous times.  Varying translations by different interpreters have led people to conflicting conclusions.  People who use a language day in and day out understand it. Foreigners may not fully comprehend the words and phrases of a language even after spending a lifetime in studying and speaking it.  Hence the discrepancies in conveying real, full impact of any message in a foreign language.

In the 7th century Islaam starting from a humble origin in Arabia had spread over the entire civilized world of medieval ages. Foreigners embraced Islaam and the translations and interpretations by them of the original, unchanged text in Arabic shifted, conflicted and often contradicted each other.  Recently the western media catering for its audience has by and large in all audio, video and print forms broadcast the worst-case scenarios relying on only “kill, murder and slay” (c) meanings of the word Qutl. Only a tiny portion of the media has correctly conveyed the true teachings of the Holy Qor-aan based on other meanings of the world Qutl, namely (a) defend, fight, protect, push back, resist or retaliate, and (b) oppress or persecute.

In the 19th century, above dissent properly presenting the dictates of the Holy Qor-aan and authenticated by commonsense approach was raised pretty loud by Mirza Ghulam Ahmad of Qadian who founded the Ahmadiyya Movement in Islaam. He declared Jehaad – the concept of holy war built only upon the “kill, murder and slay” (c) meanings of the word Qutl – as illegal (Haraam).

In the 20th century, this view was strongly augmented in the following extracts from the West Pakistan High Court ruling in the report of the Court of Inquiry constituted under the Punjab Act II of 1954 to enquire into the Punjab Disturbances of 1953, Published by the Superintendent, Government Printing Press, Punjab. 1954. Part IV.

“As to the doctrine of Jihad, the Ahmadi view is that what is called jihad-bis-saif is permissible only in self defense and that in stating his own view on this question Mirza Ghulam Ahmad merely expounded a doctrine which is based on, and directly follows from, the several texts in the Qur’an and that he did not profess to repeal or abrogate any rule or injunction of the Qur’an” (p 192). b“Each of the verses in Soorut-ul-Kafiroon which contains thirty words and no verse exceeds six words, brings out a fundamental trait in man engrained in him since his creation while the La Ikraha verse 002:257, the relevant portion of which contains only nine words, states the rule of responsibility of the mind with a precision that cannot be surpassed. Both of these texts which are an early part of the Revelation are, individually and collectively, the foundation of that principle which human society, after centuries of conflict, hatred and bloodshed, has adopted in defining one of the most important fundamental rights of man. But our doctors would never disassociate chauvinism from Islam” (p 220).  “There are various theories about Jihad which vary from the crude notion of a megalomaniac moved by religious frenzy going out armed with sword and indiscriminately slaughtering non-Muslims in the belief that if he dies in the combat he becomes a shahid and if he succeeds in killing attains the status of a ghazi, to the conception that a Musalman throughout his life is pitted against kufr, kufr here being used in the sense of evil and wrong, and that his principal activity in life is to strive by argument and where necessary by force to spread Islam until it becomes a world religion. In the later case he fights not for any personal end but because he considers such strife as a duty and an obligation which he owes to Allah and the only recompense for which is the pleasure of Allah” (p 222).  “Generally accepted view is that (9:5) abrogated the earlier verses revealed in Mecca which permitted the killing of kuffar only in self defense. As against this the Ahmadis believe that no verse of the Qur’an was abrogated by another verse … that both sets of verses have different scopes and can stand together… that the doctrine of Nasikh and Munsukh is opposed to the belief in the existence of an original scripture” (pp 223-224).  “We are wholly incompetent to pronounce on the result to which the doctrine of Jihad will lead if, as appears from … writings produced before us including one by Maulana Abul Ala Maudoodi and another by Maulana Shabbir Ahmad Usmani, it involves the spread of Islam by arms and conquest. ‘AGGRESSION’ and ‘GENOCIDE’ are now offences against humanity for which under sentences pronounced by different International Tribunals at Nuremburg and Tokio the war lords of Germany and Japan had to forfeit their lives. And there is hardly any difference between the offences of ‘aggression’ and ‘genocide’ on the one hand and the doctrine of spread of Islam by arms and conquest on the other” (p 224).

The above extract is used in several Commentaries about different aspects of Jehaad. But like all sources of Law, the best source to find the Moslem Law of War is the Holy Qor-aan. The basic elements are outlined below with a 6-figure number – the first three digits are the Chapter # of the Holy Qor-aan, and the last three digits are the verse # of that Chapter.

HISTORY:

• Wars started during the time of Adam, and have persisted since the dawn of human life (005:028 to 032).
• Fighting is permitted with those who fight God and His prophets, or who create disorder (005:033 to 036)
• Battles are really fought by God, not the people (008:018)

PREPAREDNESS:

• Guard borders, so enemies can’t attack, infiltrate or surprise (003:201)
• Remain ready and prepared, so enemies can’t ever surprise (008:061)

PERMISSION:

• Beseeching accepted. Fighting back permitted.  Good news: you will win (008:010)
• Permission granted to resist and fight back against oppression (022:040)
• Retaliate against those who oppress, persecute or fight with you (002:191)
• Only if they had oppressed you regarding your religion, or expelled you from your homes or helped others to exile you, then you do not befriend them. (060-010)
• War, When and where to (002:218)
• War allowed to repel attackers even in the Holy Mosque (002:192)
• War allowed in the causes of Allah (004:075), (004:076), (004:077)
• War allowed to help and rescue the feeble men, womena nd children (004:076)
• War allowed with Restraint, Prayer and Charity (004:078)

OBJECTIVES :

• War for Allah and the Reward (004:075)
• War for Allah, not the evil. (004:077)
• War for Allah and the Weak (004:076)
• Fight those who initiate hostilities to establish the freedom of worship (002:218 to 219)
• Post-war treatment of the enemy combatants (047:005)
• Fight back in the causes of Allah  (002:191)
• Fight back till disorder ends and orderliness and freedom of worship return (002:194)

WITH JUSTICE & EQUITY

• Proportionality: fighting back the attackers but not to exceed original harm (002:191)
• Punish in retaliation, but only as much as you suffered (016:127)
• Never abandon justice, even in any retaliation (005:009)
• Warnings against further and future escalating hostilities (080:020)
• Choose partners and political alliances carefully (Also read 003:029,  003:119; 004:140; 004:145)

RULES OF ENGAGEMENT

• If the messenger or you are expelled because you believe in Allah, your God, then war is justified (060-002)
• Strike hard, effectively and decisively (008:013)
• Strike hard and relentlessly, so that those behind them too learn the lesson (008:058)
• Fight till the end. Never turn your backs (008:016 to 017)
• Fight till mischief ends and freedom-to-worship is secured (008:040)

MARTYRDOM

• Perpetual living for those laying down life in the causes of Allah (002:155)
• Those killed in the cause of Allah are not dead; they live (003:170)
• 047:005 Deeds of those killed in the cause of Allah will not be wasted (047:005)

PEACE

• War must end when hostilities stop (002:193), (002:194)
• Make peace as soon as you see the enemy inclined to do so (008:062)
• Make peace, but not out of fear (047:036)
• Honor agreements. Fulfill compacts. Respect treaties. Acknowledge truces. (009:004)

PRISONERS OF WAR (POWs)

• POWs may be taken, but only during war and from those who come to war (008:068 )
• POWs should be freed out of kindness or for compensation (047:005)
• POWs should be freed by accepting compensation in cash or services (047:005)
• POWs should be freed by accepting compensation in installments (024:034)
• POWs should be freed by entering into marriages, when appropriate (024:034)

The Holy Prophet (s.a.w) freed 100 families of Bani Mos-tau-liq after defeating them.  He released thousands of Bani Hawazun after defeating them.  He released POWs of Badar, accepting compensation in cash or services by the literate who agreed to teach Moslems how to read and write

AGAINST WHO AND WHEN

• If the messenger or you are expelled because you believe in Allah (060-002)
• If they had oppressed you regarding your religion, or expelled you from your homes or helped others to exile you, then you do not befriend them (060-010)

An article written by Abid A. Buttar, Esquire. Philadelphia, PA. 20020118