Q. Define and discuss Jehad? How it is waged. (2001)
Q. What acts are forbidden in Islamic law in war? (2004/A)
Q. Discuss the concept of Jihad in Islam what acts are permissible in war. (2004/S)
Jihad is a holy war. The spread of Islam by arms is a religious duty upon Muslims in general. The interest of Din conveys a single goal to spread the message of Islam in the whole world and to establish the supremacy of the Din. The Instrument utilized for attaining this goal is dawah (invitation) in conjunction with jihad.
2. Meaning and definition of jihad
(I) Meaning of jihad:
The word jihad is derived from the word “Jehad”, which means to strive hard.
(II) Definition of jihad:
(i) According to Al Kasani:
“Jihad in the technology of law is used for exending ability and power in fighting in the path of God by means of life, property, tongue and other than these.”
3. Jihad is the light of Quranic verses
I the meccan suras of the Quran, patience under attack is taught. No other attitude was possible. But at Madina the right to repel attack appears and gradually it became a prescribed duty to fight against and subdue the hostile meecans.
“Fight against such of those who have been given the scripture as believe not in Allah or the last day.” (9: 29)
“Then when the sacred months have passed, slay the idolaters wherever ye find them.” (9: 5)
“And the strive for Allah with the endeavour which is his right.” (Al-Haj: 78)
4. Hadith in support of jihad
Following Ahadith supported the concept of Jihad,
“I have been commanded t fight mankind until they say, ‘there is no God but Allah.”
“The reward for keeping the enemy at bay in Jihad carries more reward than carried by seventy prayers.”
5. Declaration of Jihad
According to Mohammadan law, the Imam or the head of the state may declare a jihad against the non-Muslims of Darul-Harb or alient state for the protection of religion.
6. When jihad maybe waged
Jihad may be declared only to ensure the safety of Islam, the Muslim state and do avoid injuries likely to be inflicted by non-Muslims.
7. Conditions for waging war
(i) Jihad is permitted only for the protection of Islam.
(ii) Islamic state must be powerful enough wage a war.
(iii ) No war is waged, where the head of the Islamic out the real aim of jihad which is to ward off injuries likely to be inflicted by non-Muslim.
(iv) No war can be waged unless the non-Muslim subjects of hostile state have first of all been invited to embrace Islam. In refusal they have a choice to submit to Muslim rule become dhimmis and pay Jizya and Kharaj or fight
8. Modes of doing Jihad
There are following modes of doing Jihad.
Any person who contributes financially to launch Jihad, since he himself cannot take party physically, is called jihad-bl-mal
It is to fight the enemy personally. This is the best way of Jihad and is preferable to any other type of Jihad.
If a person contributes his abilities for the protection and spreading of Islam, it is Jihad-bl-Illam. He can do so by means of his actions, knowledge and deeds. In modern world, this type of Jihad is most important.
9. Types of Jihad
Jihad may be of following types.
(I) Internal Jihad
This is carried on against the evil that may crop within the Muslim society. Evil customs and un-Islamic acts are a serious danger to Islam and they should be crushed by means of Jihad.
(II) Jihad through knowledge or Fiqri Jihad
This type of Jihad is against non-Muslim and disbelievers who raise objection against Islam. It is the duty of Muslims to contradict such propaganda in the light of Quran and Sunnah.
(III) Jihad through war or musala Jihad
Islam has advocated that a war with in fields should be avoided as far as possible, but if it is unavoidable for the cause of Islam, it should be waged. It is of two types.
(i) Dafie Jihad
When Islam state is attacked by enemies of Islam, Jihad to defend the country is dafie Jihad.
As Quran says:
“And fight in the path of God with those who are fighting with you and do not transgress, God loves not those who transgress.” (2: 190)
(ii) Iqdami Jihad
When the enemies of Islam do not stop doing evils against. Muslims then to attack the enemy is called Iqdami Jihad, e. g. Conquest of Makkah.
10. Acts forbidden during Jihad
Following acts are forbidden by Islam during war.
(i) Unnecessary and cruel way of killing others in jihad.
(ii) Not to kill those who are do not participate in war.
(iii) Not to kill those who are in capable of fighting e. g. Women, minors, etc.
(iv) Not to kill prisoners of war.
(v) Not to kill civilians
(vi) Destroy the use of limb or organ of men well as beast
(vii) Slanghtering of animals which is more than what is needed for food is also forbidden.
(viii) Unnecessary destruction of harvest and cutting of trees is forbidden.
(ix) Mischief and high-handedness
(x) Adultery and fornication with captive women is strictly forbidden.
(xi) Massacre is not allowed.
(xii) Killing of farmers is forbidden unless it is done in self-defence
(xiii) Traders, shopkeepers and contractors are to be left alone if they do not participate in war.
(xiv) Burning of captured men or animal.
(xv) Acts which are forbidden under treaties. Must be respected.
(xvi) To keep non-Muslim is front while fighting against the enemy.
(xvii) Killing of hostages.
(xviii) Killing of persons who surrenders.
(xix) Cutting the head of enemy and send it to higher authorities is also forbidden.
(xx) Use of poisonous arrows to the enemy is also forbidden.
11. Acts permitted during Jihad.
(i) Killing of persons who fought against Islamic Army.
(ii) Any type of weapon may be used except poisonous weapon.
(iii) To detect the presence of the enemy and to surround him in war.
(iv) Propaganda against enemy can be made.
(v) To take possession or destroy enemy property.
(vi) To cut water supply of the enemy or to polute it.
(vii) Using of force to get food for Islamic army.
(viii) To do anything which is not expressly forbidden.
To conclude, I can say, that Allah Almighty has laid down in the Holy Quran that Muslims should make every possible effort to remove obstructions in the way of Islam and even fight and give their lives in the way of Allah. The underliying idea of Jihad is to maintain the predominance or balance of power and that idea can be achieved in the modern world through the medium of agreements and Muslims should focus of the institution of dawa (invitation) than on the instrument of Jihad.