بسم الله الرحمن الرحيم
From the book, Introduction to the Tafseer of the Quran,
by the Ameer of Hizb ut Tahrir, the eminent jurist and statesman, Ata Bin Khalil Abu Al-Rashtah
[وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلاَ تَعْتَدُوا إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ (190) وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأَخْرِجُوهُمْ مِنْ حَيْثُ أَخْرَجُوكُمْ وَالْفِتْنَةُ أَشَدُّ مِنْ الْقَتْلِ وَلاَ تُقَاتِلُوهُمْ عِنْدَ الْمَسْجِدِ الْحَرَامِ حَتَّى يُقَاتِلُوكُمْ فِيهِ فَإِنْ قَاتَلُوكُمْ فَاقْتُلُوهُمْ كَذَلِكَ جَزَاءُ الْكَافِرِينَ (191) فَإِنْ انتَهَوْا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (192) وَقَاتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ فَإِنْ انتَهَوْا فَلاَ عُدْوَانَ إِلاَّ عَلَى الظَّالِمِينَ (193) الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَاتُ قِصَاصٌ فَمَنْ اعْتَدَى عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ مَعَ الْمُتَّقِينَ (194)]
“Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors. And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing. And do not fight them at al-Masjid al- Haram until they fight you there. But if they fight you, then kill them. Such is the recompense of the disbelievers. And if they cease, then indeed, Allah is Forgiving and Merciful. Fight them until there is no [more] fitnah and [until] religion belongs to Allah. But if they cease, then there is to be no aggression except against the oppressors.” [Surah al-Baqarah 2:190-194]
Allah (swt) clarified the following in the above verses:
1. After Allah (swt) has mentioned the details of Hajj in the previous verse, He (swt) spoke in these verses the details about Fighting (القتال). He (swt) then again mentions Hajj by saying,
[وَأَتِمُّوا الْحَجَّ وَالْعُمْرَة]
“And Complete the Hajj and Umrah...” [Surah al-Baqarah 2:196] until the last verses about Hajj after that. Allah (swt) connected the mentioning of Hajj and Jihad in many verses. After He (swt) mentioned the verses,
[وَلاَ تَقُولُوا لِمَنْ يُقْتَلُ فِي سَبِيلِ اللَّهِ أَمْوَاتٌ بَلْ أَحْيَاءٌ وَلَكِنْ لاَ تَشْعُرُونَ (154) وَلَنَبْلُوَنَّكُمْ بِشَيْءٍ مِنْ الْخَوْفِ وَالْجُوعِ وَنَقْصٍ مِنْ الأَمْوالِ وَالأَنفُسِ وَالثَّمَرَاتِ وَبَشِّرْ الصَّابِرِينَ (155) الَّذِينَ إِذَا أَصَابَتْهُمْ مُصِيبَةٌ قَالُوا إِنَّا لِلَّهِ وَإِنَّا إِلَيْهِ رَاجِعُونَ (156) أُوْلَئِكَ عَلَيْهِمْ صَلَوَاتٌ مِنْ رَبِّهِمْ وَرَحْمَةٌ وَأُوْلَئِكَ هُمْ الْمُهْتَدُونَ (157)]
“And do not say about those who are killed in the way of Allah, "They are dead." Rather, they are alive, but you perceive [it] not. And We will surely test you with something of fear and hunger and a loss of wealth and lives and fruits, but give good tidings to the patient, Who, when disaster strikes them, say, "Indeed we belong to Allah, and indeed to Him we will return." Those are the ones upon whom are blessings from their Lord and mercy. And it is those who are the [rightly] guided.” [Surah al-Baqarah 2:154-157], He (swt) followed it by mentioning Hajj and Umrah as Allah (swt) said,
[إِنَّ الصَّفَا وَالْمَرْوَةَ مِنْ شَعَائِرِ اللَّهِ فَمَنْ حَجَّ الْبَيْتَ أَوْ اعْتَمَرَ]
“Indeed, as-Safa and al-Marwah are among the symbols of Allah, So whoever makes Hajj to the House or performs Umrah...” [Surah al-Baqarah 2:158].
Similarly, after mentioning the verses of Hajj in Surah Hajj in which He (swt) said,
[ وَإِذْ بَوَّأْنَا ِلأَبْرَاهِيمَ مَكَانَ الْبَيْتِ أَنْ لاَ تُشْرِكْ بِي شَيْئًا وَطَهِّرْ بَيْتِيَ لِلطَّائِفِينَ وَالْقَائِمِينَ وَالرُّكَّعِ السُّجُودِ (26) وَأَذِّنْ فِي النَّاسِ بِالْحَجِّ يَأْتُوكَ رِجَالاً وَعَلَى كُلِّ ضَامِرٍ يَأْتِينَ مِنْ كُلِّ فَجٍّ عَمِيقٍ (27) لِيَشْهَدُوا مَنَافِعَ لَهُمْ وَيَذْكُرُوا اسْمَ اللَّهِ فِي أَيَّامٍ مَعْلُومَاتٍ عَلَى مَا رَزَقَهُمْ مِنْ بَهِيمَةِ الأَنْعَامِ فَكُلُوا مِنْهَا وَأَطْعِمُوا الْبَائِسَ الْفَقِيرَ (28) ثُمَّ لِيَقْضُوا تَفَثَهُمْ وَلْيُوفُوا نُذُورَهُمْ وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِ (29) ذَلِكَ وَمَنْ يُعَظِّمْ حُرُمَاتِ اللَّهِ فَهُوَ خَيْرٌ لَهُ عِنْدَ رَبِّهِ وَأُحِلَّتْ لَكُمْ الأَنْعَامُ إِلاَّ مَا يُتْلَى عَلَيْكُمْ فَاجْتَنِبُوا الرِّجْسَ مِنْ الأَوْثَانِ وَاجْتَنِبُوا قَوْلَ الزُّورِ (30)حُنَفَاءَ لِلَّهِ غَيْرَ مُشْرِكِينَ بِهِ وَمَنْ يُشْرِكْ بِاللَّهِ فَكَأَنَّمَا خَرَّ مِنْ السَّمَاءِ فَتَخْطَفُهُ الطَّيْرُ أَوْ تَهْوِي بِهِ الرِّيحُ فِي مَكَانٍ سَحِيقٍ (31) ذَلِكَ وَمَنْ يُعَظِّمْ شَعَائِرَ اللَّهِ فَإِنَّهَا مِنْ تَقْوَى الْقُلُوبِ (32) لَكُمْ فِيهَا مَنَافِعُ إِلَى أَجَلٍ مُسَمًّى ثُمَّ مَحِلُّهَا إِلَى الْبَيْتِ الْعَتِيقِ (33) وَلِكُلِّ أُمَّةٍ جَعَلْنَا مَنْسَكًا لِيَذْكُرُوا اسْمَ اللَّهِ عَلَى مَا رَزَقَهُمْ مِنْ بَهِيمَةِ الأَنْعَامِ فَإِلَهُكُمْ إِلَهٌ وَاحِدٌ فَلَهُ أَسْلِمُوا وَبَشِّرْ الْمُخْبِتِينَ (34) الَّذِينَ إِذَا ذُكِرَ اللَّهُ وَجِلَتْ قُلُوبُهُمْ وَالصَّابِرِينَ عَلَى مَا أَصَابَهُمْ وَالْمُقِيمِي الصَّلاَةِ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ (35) وَالْبُدْنَ جَعَلْنَاهَا لَكُمْ مِنْ شَعَائِرِ اللَّهِ لَكُمْ فِيهَا خَيْرٌ فَاذْكُرُوا اسْمَ اللَّهِ عَلَيْهَا صَوَافَّ فَإِذَا وَجَبَتْ جُنُوبُهَا فَكُلُوا مِنْهَا وَأَطْعِمُوا الْقَانِعَ وَالْمُعْتَرَّ كَذَلِكَ سَخَّرْنَاهَا لَكُمْ لَعَلَّكُمْ تَشْكُرُونَ (36) لَنْ يَنَالَ اللَّهَ لُحُومُهَا وَلاَ دِمَاؤُهَا وَلَكِنْ يَنَالُهُ التَّقْوَى مِنْكُمْ كَذَلِكَ سَخَّرَهَا لَكُمْ لِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَبَشِّرْ الْمُحْسِنِينَ (37)]
“And [mention, O Muhammad], when We designated for Abraham the site of the House, [saying], "Do not associate anything with Me and purify My House for those who perform Tawaf and those who stand [in prayer] and those who bow and prostrate. And proclaim to the people the Hajj [pilgrimage]; they will come to you on foot and on every lean camel; they will come from every distant pass- That they may witness benefits for themselves and mention the name of Allah on known days over what He has provided for them of [sacrificial] animals. So eat of them and feed the miserable and poor. Then let them end their untidiness and fulfill their vows and perform Tawaf around the ancient House." That [has been commanded], and whoever honors the sacred ordinances of Allah - it is best for him in the sight of his Lord. And permitted to you are the grazing livestock, except what is recited to you. So avoid the uncleanliness of idols and avoid false statement, inclining [only] to Allah, not associating [anything] with Him. And he who associates with Allah - it is as though he had fallen from the sky and was snatched by the birds or the wind carried him down into a remote place. That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts. For you the animals marked for sacrifice are benefits for a specified term; then their place of sacrifice is at the ancient House. And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] animals. For your god is one God, so to Him submit. And, [O Muhammad], give good tidings to the humble [before their Lord]. Who, when Allah is mentioned, their hearts are fearful, and [to] the patient over what has afflicted them, and the establishers of prayer and those who spend from what We have provided them.And the camels and cattle We have appointed for you as among the symbols of Allah ; for you therein is good. So mention the name of Allah upon them when lined up [for sacrifice]; and when they are [lifeless] on their sides, then eat from them and feed the needy and the beggar. Thus have We subjected them to you that you may be grateful. Their meat will not reach Allah, nor will their blood, but what reaches Him is piety from you. Thus have We subjected them to you that you may glorify Allah for that [to] which He has guided you; and give good tidings to the doers of good.” [Surah al-Hajj 22:27-37].
After this, Allah (swt) mentioned verses of Fighting,
[إِنَّ اللَّهَ يُدَافِعُ عَنْ الَّذِينَ آمَنُوا إِنَّ اللَّهَ لاَ يُحِبُّ كُلَّ خَوَّانٍ كَفُورٍ (38) أُذِنَ لِلَّذِينَ يُقَاتَلُونَ بِأَنَّهُمْ ظُلِمُوا وَإِنَّ اللَّهَ عَلَى نَصْرِهِمْ لَقَدِيرٌ (39) الَّذِينَ أُخْرِجُوا مِنْ دِيَارِهِمْ بِغَيْرِ حَقٍّ إِلاَّ أَنْ يَقُولُوا رَبُّنَا اللَّهُ وَلَوْلاَ دَفْعُ اللَّهِ النَّاسَ بَعْضَهُمْ بِبَعْضٍ لَهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَصَلَوَاتٌ وَمَسَاجِدُ يُذْكَرُ فِيهَا اسْمُ اللَّهِ كَثِيرًا وَلَيَنصُرَنَّ اللَّهُ مَنْ يَنصُرُهُ إِنَّ اللَّهَ لَقَوِيٌّ عَزِيزٌ (40) الَّذِينَ إِنْ مَكَّنَّاهُمْ فِي الأَرْضِ أَقَامُوا الصَّلاَةَ وَآتَوْا الزَّكَاةَ وَأَمَرُوا بِالْمَعْرُوفِ وَنَهَوْا عَنْ الْمُنْكَرِ وَلِلَّهِ عَاقِبَةُ الأُمُورِ (41)]
“Indeed, Allah defends those who have believed. Indeed, Allah does not like every treacherous and ungrateful. Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory. [They are] those who have been evicted from their homes without right - only because they say, "Our Lord is Allah." And were it not that Allah checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues, and mosques in which the name of Allah is much mentioned. And Allah will surely support those who support Him. Indeed, Allah is Powerful and Exalted in Might.[And they are] those who, if We give them authority in the land, establish prayer and give zakah and enjoin what is right and forbid what is wrong. And to Allah belongs the outcome of [all] matters.” [Surah al-Hajj 22: 38-41]
The hardship attained when performing the rites of Hajj, particularly when the Haaji travels far away from his homeland to the places of Hajj, this hardship is similar to the hardship of battle in Jihad. This clarifies the wisdom behind the mentioning of Hajj and Jihad consecutively in most of the verses in which Hajj is mentioned. And the Expiation (Kaffarah) of evil deeds by accepted Hajj and martyrdom in the Path of Allah clarifies the important relationship between Hajj and Jihad. When Aisha (ra) asked RasulAllah (saaw) about the non-Obligation of Jihad for women and its Obligation over men, RasulAllah (saaw) said,
«إن عليكن جهادا لا قتال فيه: حج إلى بيت الله الحرام»
“Upon you women is a jihad in which there is no fighting: the Hajj and Umrah pilgrimages.” [Bukhari 1423, 1728, Ahmed 6/165, Ibn Majah 2892]
RasulAllah (saaw) performed Hajj in the tenth year of Hijra (Hajjathul Wida). After he (saaw) completed the Hajj, explaining its rites to the Muslims and returning to Madinah, one of the first actions that he undertook was the preparation of the army of Usama to fight against Rome i.e. Jihad was his first action after returning from performing Hajj to Madinah. Abu Bakr (ra) performed Hajj in the twelfth year of Hijrah. After he (ra) completed his Hajj and returned Madinah, amongst his first actions was to march forth with an army against the Persians and Rome and it was during the Battle of Yarmuk that Abu Bakr (ra) died. And then Khalid bin Walid (ra) performed Hajj during his war in Iraq. After he completed his rites of Hajj, he returned to fight. Umar (ra) performed Hajj in the fourteenth year of Hijra and during his Hajj, he mobilized Muslims for the fight against Persians in Qadisiyya. Accordingly, some of the pure Khulafa’a after the Khulafaa’a Rashideen did the same. Some of them used to wage war in one year and perform the Hajj in another year and it was as though both Hajj and Jihad are mutually connected to one another.
This is the Hajj mentioned in the Book of Allah and Jihad mentioned in the Book of Allah. These were mutually connected in the Sunnah of RasulAllah (saaw), in the history of the Khulafa’a Rashideen and those Khulafa’a who emulated them. Their marching forth to their Hajj was interconnected to the marching forth of their army to fight their enemies. Allah (swt) said,
[فَخَلَفَ مِنْ بَعْدِهِمْ خَلْفٌ أَضَاعُوا الصَّلاَةَ وَاتَّبَعُوا الشَّهَوَاتِ فَسَوْفَ يَلْقَوْنَ غَيًّا]
“there came after them successors who neglected prayer and pursued desires; so they are going to meet evil.” [Surah Maryam 19:59]. Hence, they separated the Ahkam (Legal Rulings) of Islam. They permitted to some extent Dawah to Worship (Ibaadah) but stipulated complete silence over Dawah to Khilafah and Jihad. They separated Salah from Khilafah and going of Hajj from the advancing of the army in Fighting. Some of them even dared to transgress in the Deen of Allah by undermining Jihad and talking of peaceful Jihad, until they were not ashamed to nullify Jihad in their conferences. May Allah destroy them, how are they deluded.
Islam is comprehensive and cannot be divided. Some of its legislations are taken without neglecting the other. Ahkam of Worships (Ibadah) should not be separated from that of Transactions (Muamalaat). Morals, food and clothing should not be separated from Khilafah, giving the Pledge of Allegiance to the Khalifah and mobilizing the army of Muslims to fight. Being good to neighbors and parents is not separated from war policy and international relations.
This is how it is in the Book of Allah and Sunnah of the RasulAllah (saaw). This is how the Khulafa’a Rashideen (ra), Sohaba (ra) and the followers in righteousness dealt with the issue. May Allah (swt) unite us with them in the paradises of Na’eem and Firdous. Indeed, seeking the pleasure of Allah (swt) is great. Allah (swt) said,
[وَمَنْ يُطِعْ اللَّهَ وَالرَّسُولَ فَأُوْلَئِكَ مَعَ الَّذِينَ أَنْعَمَ اللَّهُ عَلَيْهِمْ مِنْ النَّبِيِّينَ وَالصِّدِّيقِينَ وَالشُّهَدَاءِ وَالصَّالِحِينَ وَحَسُنَ أُوْلَئِكَ رَفِيقًا]
“And whoever obeys Allah and the Messenger - those will be with the ones upon whom Allah has bestowed favor of the prophets, the steadfast affirmers of truth, the martyrs and the righteous. And excellent are those as companions. ” [Surah an-Nisa’a 4:69].
2. Allah (swt) commands us to fight in the Path of Allah (swt) against those who fight against us. These are those who have the ability to fight against us amongst the warring disbelievers. They are not those who do not have the ability to fight against us such as women, children, old men, their scholars and monks. However, if they fight against us, we will fight them also. As for the general Hukm (Legal Ruling) is that we are commanded to fight against the enemies who have the ability to fight as we have mentioned before.
Allah (swt) forbids us to transgress in our fighting, such that we do not kill any child or old or woman and we do not surpass commands of Allah (swt) in fighting such as treachery, acting unfaithfully, mutilation or cutting of trees, except what is needed in the war policy according to Shariah.
RasulAllah (saaw) used to say to the armies which he sent for fighting,
«اغزوا في سبيل الله، قاتلوا من كفر بالله، اغزوا ولا تَغُلُّوا ولا تغدروا ولا تُمَثِّلوا ولا تقتلوا الوليد ولا أصحاب الصوامع»
“Fight in the path of Allah, fight against those who disbelieve in Allah, Do not act unjustly, do not be treacherous, do not mutilate and do not kill the child and the people of monastery.” [Ahmed 4/240, 5/532]
[وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ]
“Fight in the path of Allah against those who fight you” i.e. fight in the Path of Allah against the disbelieving fighters. It is not just against those who initiate the fighting. Rather it is also against those who have the ability to fight against you, since Jihad is the initiation of fighting against disbelievers. And it is not the defensive war, which means that we do not only fight them if they fight against us.
The verses of Allah (swt) and the Sunnah of the RasulAllah (saaw) clarify that Jihad is the initiation of fighting against the disbelievers to spread Islam and to open the lands in order to raise the word of Allah as the highest.
- [قَاتِلُوا الَّذِينَ يَلُونَكُمْ مِنْ الْكُفَّارِ وَلْيَجِدُوا فِيكُمْ غِلْظَةً]
- “Fight those adjacent to you of the disbelievers and let them find in you harshness” [Surah at-Tawba 9:123]
- [وَقَاتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ]
- “Fight them until there is no fitnah and [until] Deen belongs to Allah” [Surah al-Baqarah 2:193]
- [قَاتِلُوا الَّذِينَ لاَ يُؤْمِنُونَ بِاللَّهِ وَلاَ بِالْيَوْمِ الآخِرِ وَلاَ يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلاَ يَدِينُونَ دِينَ الْحَقِّ مِنْ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ]
- “Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the Jizyah willingly while they are humbled.” [Surah at-Tawba 9:29]
And many more... all of which indicate the initiation of fighting against disbelievers to spread Islam.
Similarly, from the Sunnah of the RasulAllah (saaw):
- «اغزوا في سبيل الله قاتلوا من كفر»
- “Fight in the path of Allah, Fight against those who disbelieve.” [Ahmed 4/240, 5/352]
- Hadith of
- «ادعهم إلى ثلاث خصال فأيهن أجابوك فاقبل منهم»
- “invite them to three courses of action, which of them they respond to, accept it from them...” [Muslim 3261]
The conquests during the period of the RasulAllah (saaw) and during the period of the Khulafa’a Rashideen are witness to this. All of which is the initiation of fighting against disbelievers to raise the word of Allah (swt) as the highest.
The meaning of the verse
[وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ]
“Fight in the path of Allah against those who fight you” is as follows: Fight in the Path of Allah against the disbelieving fighters i.e. fighters of the disbelievers and do not transgress. So do not fight against those who do not fight you from amongst women, children, old men, scholars and monks who are in monasteries. If they fight, then they are fought. RasulAllah (saaw) passed by a woman who was killed and said,
«ما كانت هذه لتقاتل»
“This is not one with whom fighting should have taken place” [Abu Dawud 2295, Ahmed 4/178, 3/488] and he disapproved of her killing. The Understanding (مفهومMafhoom) of this hadith is that if she fought, then it is allowed to kill her.
The meaning of
“do not transgress” is ‘do not violate the Legal Rulings in fighting against the enemy, do not commit what is prohibited to do in fighting. And it does not mean that you should not initiate fighting against your enemy in any case.’
As for those who say that the verse means that fighting was allowed only when Muslims were transgressed against during the early days of Islam, then it was abrogated by another verse(s) to initiate fighting, this statement is Outweighed (مرجوحMarjuH) as the Abrogation should not be considered except when there exists contradiction in every aspect. Here there is no contradiction. The verse does not mean that we must not initiate fighting against the disbelievers. Rather it means that we must not transgress by violating the limits of fighting. Hence, we do not increase more than what Shariah has permitted in fighting, as we have clarified above. The meaning of the verse
“Do not transgress” does not mean non-initiation of Fighting. Rather it means that you should not violate the limits of Shariah in fighting such as mutilation, killing of children and so on. Therefore, there is no contradiction between the verses of fighting and hence there is no Abrogation.
4. Fighting in the Path of Allah is fighting to raise the word of Allah as the highest. And it is not for Benefit or Sam’ah (سمعة To be Known/reputation) or Riyaah (رياء Showing Off). RasulAllah (saaw) was asked about the person who fights for the sake of making his valor known or showing off…” It was narrated,
«سئل النبي عن الرجل يقاتل شجاعة ويقاتل حمية ويقاتل رياء، أي ذلك في سبيل الله؟ فقال: من قاتل لتكون كلمة الله هي العليا فهو في سبيل الله»
“RasulAllah (saaw) was asked about a man who fights to prove his courage, or out of pride and honor for his close relatives, or to show off. The RasulAllah (saaw) said, ‘Whoever fights so that the Word of Allah may be supreme is the one who (is fighting) in the cause of Allah.” [Bukhari 120, 2599, Muslim 3525].
Whoever fights to show off or for the sake of patriotism or for worldly benefit, then it is not fighting in the Path of Allah. Accordingly, intention is considered in Jihad, which is like other worships (Ibadah). The intention must be correct. He (swt) said,
[أَمْ حَسِبْتُمْ أَنْ تَدْخُلُوا الْجَنَّةَ وَلَمَّا يَعْلَمْ اللَّهُ الَّذِينَ جَاهَدُوا مِنْكُمْ وَيَعْلَمَ الصَّابِرِينَ]
“Or do you think that you will enter Paradise while Allah has not yet made evident those of you who fight in His cause and made evident those who are steadfast?” [Surah Aali-Imran 3:142]
5. Many verses of Allah (swt) and Ahadith of the RasulAllah (saaw) clarify the issues of fighting and war policy. In the following verses, Allah (swt) said,
[وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ وَأَخْرِجُوهُمْ مِنْ حَيْثُ أَخْرَجُوكُمْ]
“And kill them wherever you overtake them and expel them from wherever they have expelled you” [Surah al-Baqarah 2:191]. Allah (swt) clarifies two issues amongst the issues of fighting:
a) It is appropriate to fight against the warring disbelievers in every place except one place which is mentioned in the glorious verse as,
[عِنْدَ الْمَسْجِدِ الْحَرَامِ]
“(do not fight them) at al-Masjid al- Haraam.” Fighting in al-Masjid al-Haraam is not allowed with a condition that they do not fight against us there. If they fight, then we will fight there as it is clarified afterwards.
[وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ]
“And kill them wherever you overtake them” i.e Kill them in all the places where you find them as the word “حَيْثُ” “Wherever” is the Adverb of Place (Zarf lil-Makan ظرف للمكان).
b) It is obligatory to expel the disbelieving fighters from all the places where they have expelled the Muslims. And it is not correct to approve them to stay in it. All the agreements made to approve them are considered as invalid. Allah (swt) said,
[وَأَخْرِجُوهُمْ مِنْ حَيْثُ أَخْرَجُوكُمْ]
“Expel them from wherever they have expelled you.” Allah (swt) said, ﴿وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ﴾“And kill them wherever you overtake them” i.e. wherever you find them. The word (الثقف) “Thaqaf” means: (الوجود على وجه الأخذ والغلبة) ‘presence (being found) in terms of overtaking and dominance.’
Allah (swt) said,
[وَالْفِتْنَةُ أَشَدُّ مِنْ الْقَتْلِ]
“Fight them until there is no Fitnah.” The word ‘Fitna’ in origin linguistically means the smelting of gold in fire in order to remove impurities. It was then used to mean the trials faced by the believers in terms of torturing, attempting to turn them away from their Deen, prevention from the Path of Allah and spreading Shirk (Polytheism) amongst them. Accordingly, here it is the clarification from Allah (swt) to the believers that they should not hesitate to fight against disbelievers, since they attempt to cause Fitnah in their Deen by using all kinds of tortures. Fitnah is more severe than killing and they have killed the believers repeatedly, as an attempt to cause Fitnah over them, so let the believers be active in fighting against them, without any leniency.
6. Allah (swt) clarified to the believers that they should not fight against the disbelievers in Masjid al-Haram unless they fight against you there. Allah (swt) said,
[وَلاَ تُقَاتِلُوهُمْ عِنْدَ الْمَسْجِدِ الْحَرَامِ حَتَّى يُقَاتِلُوكُمْ فِيهِ فَإِنْ قَاتَلُوكُمْ فَاقْتُلُوهُمْ كَذَلِكَ جَزَاءُ الْكَافِرِينَ]
“And do not fight them at al-Masjid al- Haram until they fight you there”.Hamza and al-Kasaa’ee recited the verse as,(ولا تقتلوهم... حتى يقتلوكم... فإن قتلوكم)... i.e without the letter ‘alif ا ’ ( i.e. they recited as “Do not kill them.. until they kill you... if they kill you…). The remaining seven reciters recited the verse with the letter ‘alif ا ’.
As for the recitation of
“Do not kill them,” (without Alif) it is the prohibition of killing and fighting, as killing does not occur without fighting. As for the other recitation,
“Do not fight them”, it is the prohibition of fighting, irrespective of whether killing occurs or not.
Hence, the first recitation has two meanings, Fighting and Killing, and the second recitation has one Precise (محكمMuhkam) meaning, Fighting. Both recitations are Concurrent (Mutawatir). The Precise outweighs the Imprecise and therefore it is the prohibition of fighting, irrespective of whether killing occurs or not i.e. prohibition of mere fighting at Masjid al-Haram, unless the disbelievers initiates fighting against us, in that case we will fight them.
As for what had happened in few incidents of fighting during the opening of Makkah and the killing of some of those of whom RasulAllah (saaw) abandoned their protection, as they harmed Islam and Muslims, RasulAllah (saaw) did not take them out to kill them outside Makkah. This was due to specific Hukm which allowed the RasulAllah (saaw) to kill for one hour in the day time. It was reported by Bukhari, in which RasulAllah (saaw) said,
«إنَّ هَذَا الْبَلَدَ حَرَّمَهُ اللَّهُ يَوْمَ خَلَقَ السَّمَوَاتِ وَالأَرْضَ فَهُوَ حَرَامٌ بِحُرْمَةِ اللَّهِ إِلَى يَوْمِ الْقِيَامَةِ وَإِنَّهُ لَمْ يَحِلَّ الْقِتَالُ فِيهِ لأَحَدٍ قَبْلِي وَلَمْ يَحِلَّ لِي إِلاَّ سَاعَةً مِنْ نَهَارٍ فَهُوَ حَرَامٌ بِحُرْمَةِ اللَّهِ إِلَى يَوْمِ الْقِيَامَةِ»
“Allah has made this town a sanctuary since the day He created the Heavens and the Earth. So, it is a sanctuary by Allah's Decree till the Day of Resurrection. Fighting in it was not legal for anyone before me, and it was made legal for me only for an hour by daytime. So, it (i.e. Mecca) is a sanctuary by Allah's Decree till the Day of Resurrection” i.e. the prohibition does not include our fighting against disbelievers, if they initiated the fighting of believers in Haram. However, if they leave fighting in Haram and turn in repentance to Islam, Allah (swt) is Most Forgiving and Merciful. Allah (swt) said,
[فَإِنْ انتَهَوْا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ]
“And if they cease, then indeed, Allah is Forgiving and Merciful.”
7. Then Allah (swt) commands the Muslims to fight against disbelievers in order to eliminate what they are causing in terms of Fitnah to Muslims i.e. Shirk, prevention from the Path of Allah, torturing the believers and attempting to turn them away from their Deen. Accordingly, this fighting continues until the Deen belongs to Allah (swt) Alone. If the disbelievers cease from their Shirk, disbelief and preventing from the Deen of Allah (swt), Muslims stop fighting against them, as the fighting is only against the wrongdoers. If they leave their disbelief and enter Islam, then they are not considered as wrongdoers.
Allah (swt) said,
[وَقَاتِلُوهُمْ حَتَّى لاَ تَكُونَ فِتْنَةٌ]
“Fight them until there is no [more] Fitnah” i.e. until they cease to do Shirk, prevention from the Path of Allah and torturing the believers to turn them away from their Deen.
Allah (swt) said,
[وَيَكُونَ الدِّينُ لِلَّهِ]
“And [until] the Deen belongs to Allah” i.e. until the Deen becomes belongs to Allah (swt) Alone without having any Shirk in it. This is what sensed by the Laam (اللامُ) that precedes (الله) and it gives the meaning of complete dominion to Allah (swt). Allah (swt) did not mention here as,
[وَيَكُونَ الدِّينُ كُلُّهُ لِلَّهِ]
“And (until) the Deen, all of it, belongs to Allah” as mentioned in Surah Anfal 8:38. This verse refers to the disbelievers in general. Allah (swt) said,
[قُلْ لِلَّذِينَ كَفَرُواإِنْ يَنتَهُوايُغْفَرْ لَهُمْ مَاقَدْ سَلَفَ وَإِنْ يَعُودُوافَقَدْ مَضَتْ سُنَّةُ الأَوَّلِينَ (38) وَقَاتِلُوهُمْ حَتَّىلاَ تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ كُلُّهُ لِلَّهِ فَإِنْ انتَهَوْافَإِنَّ اللَّهَ بِمَايَعْمَلُونَ بَصِيرٌ (39)]
“Say to those who have disbelieved [that] if they cease, what has previously occurred will be forgiven for them. But if they return [to hostility] - then the precedent of the former [rebellious] peoples has already taken place. And fight them until there is no fitnah and [until] the Deen, all of it, belongs to Allah. And if they cease - then indeed, Allah is Seeing of what they do.” [Surah al-Anfaal 8: 38-39]
This verse in Surah Baqarah refers to the polytheists (mushrikeen) of the Arabs i.e. a part of the disbelievers, whilst the verse in Surah al-Anfal refers all the disbelievers in general. Hence the word (كلُّه) ‘all of it’ is appropriate in the verse of Surah al-Anfal
[الدِّينُ كُلُّهُ لِلَّهِ]
“The Deen, all of it, belongs to Allah” unlike the verse in Surah al-Baqarah
“The Deen belongs to Allah.”
Allah (swt) said,
[فَلاَ عُدْوَانَ إِلاَّ عَلَى الظَّالِمِينَ]
“then there is to be no aggression except against the oppressors.” Punishing the oppressors (wrongdoers) is not an aggression in reality. However the word aggression is used as a Metaphor as in the saying of Allah,
[فَمَنْ اعْتَدَى عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ]
“So whoever has transgressed against you, then transgress against him in the same way that he has transgressed against you” [Surah al-Baqarah 2:194] i.e. naming the punishment for evil, as evil and the punishment for transgression, as transgression.