Ibn Rushd on Jihad
Ibn Rushd summarized a few of the various opinions of Muslim jurists on the issues of peace and war in Islam: Some of those who approved of peace whenever the imam finds it in the Muslims’ interest are Malik, al Shafi’i, and Abu Hanifah. Al Shafi’i only does not approve of a peace duration longer that the period which the Prophet, peace be upon him, made with the nonbelievers... the reason for their differences in approving of peace without necessity is the apparent contradiction between His (Allah’s) saying (in the Qur’an): “Then, when the sacred months have passed, slay the idolaters wherever ye find them,” and “Fight those who believe not in Allah nor the Last Day,” and His saying: “If they incline to peace, incline thou also to it and trust in Allah.” Those who considered that the verse of fighting abrogates the verse of peace did not approve of peace except out of necessity. Those who considered that the verse of peace places limits on that verse (of fighting) did approve of peace if the imam was in favor of it. [i]
[Ibn Rushd Abu al Walid Muhammad ibn Ahmad ibn Muhammad, (al-hafid) (d.594/1198)Bidayat Al-Mujtahid Wa Nihayat al Muqtasid pg 283-284, Cairo ed]
Thought, Herndon, Virginia, USA, 1993, pp. 17-33.)
This demonstrates that peace and peaceful relations are dependent upon what is perceived as the best interests of state. There is no inherent need from an "Islamic" standpoint to be in a conitnual state of war. This dismisses ideas held by al-Qaida, Hizb ut-Tahrir, Ikhwan al-Muslimeen (Muslim Brotherhood), for global expansionist Caliphate being an 'integral part of Islam.
Does Islam Need Perpetual Jihad ?:
Islam can contenance a state of permenant, peaceful coexistence with other nations and peoples who are not Muslims. In other words, contrary to the belief that Islam can only accept a world that is entirely populated by Muslims and, as such. Muslims must, as a religous duty, wage perpetual Jihad against non-Muslims, Islam can peacefully coexist with non-Muslims.
(Jihad and the Modern World by Dr. Sherman Jackson- Journal of Islamic law and Culture Spring / Summer 2002.)
Can we have peace with the Kuffar:
Ibn Taymia (ra) regarding the verse “there is no compulsion in religion…”: ‘The jumhoor (majority) of the salaf (predecessors) that this verse was not abrogated nor specified by anything, rather it is a general text and we do not coerce anyone to the religion of Islam, we only fight those who instigate war on us (Haaribuna). If they submit then there wealth and lives are protected by us and if they are not from the people fighting us (ahl ul-qital), we don’t fight them.” Tafsir al-Kabir Volume 2 page 319 and cited by Shaykh Wahbah Zuhayli in his Athar ul-Harb fil-Fiqh al-Islami Dirasat Maqarina page 82.
Ibn Taymia (ra) said: ‘His Seerah (saw) demonstrates that anyone who signed a pact from the non-Muslims did not fight him (whether from the polytheists of the Arabs or others), this is documented in the Seer (biographical literature), narration, Quranic exegesis, Fiqh (code of conduct), Maghazi (tales of prophetic battles) speak of this. This is Mutawatir (mass transmitted reports) from his Sunnah, the Prophet never initiated war with anyone from the non-Muslims. If Allah had ordered him to fight every non-Muslim, he would have initiated fighting them and warfare.’ Risala ul-Qital page 125 and cited by Shaykh Wahbah Zuhayli in his Athr ul-Harb fil-Fiqh al-Islami Dirasat Maqarina page 105.
‘Is Jihad fought to repel hirabah (enmity and hostility) or to eradicate ‘Kufr’ (Unbelief)?
The position of the majority (Jumhur), and they are the hanafiya, the malikiya, and the hanabila, is that the legal rationale (illah), for Jihad warfare, is the repelling of enmity (hiraba). (See: ‘Bidayat ul-Mujtahid’ of Ibn Rushd Volume 1 page 369-372; al-Mughni of Ibn Qudama Volume 9 page 301; Fat’h al-Qadir of Ibn al-Hummam Volume 5 page 452)’
[Taken from al-Jihad fi’l-Islam by Dr Muhammad Saeed Ramadhan al-Buti – Dar el-Fikr Damascus/Syria & Dar el-Fikr al-Mu’asir Beirut/Lebanon 1997]
The Obligation of Jihad is an Obligation of means and not an obligation of Maqasid [Objectives] (desired for itself)
‘The Messenger of Allah (prayers and peace be upon him) said to Ali bin Abu Talib (may God be pleased with him), “That God guides a single (person) is better for you than a red came.”
Imam Subki stated, “it is understood from this, that what is sought from fighting is not fighting and conflict but rather the spreading of guidance” and “... it should be clear from this that the obligation of Jihad is an obligation of means, not Maqasid, an if guidance can be delivered without fighting Jihad, that is better...” ‘
[Imam Subki -Tabaqat al-Shafi’iyah Volume 10 page 293]
What Islamic Scholars say about Suicide Bombing:
Shaykh Nuh Ha Mim Keller:
"Suicide operations must be decided according to Islamic Jurisprudence, and according to Islamci Jurisprudence, they are forbidden. This is because of the following:
1) Suicide is forbidden
2) The rulings of Islam forbid the killing of women and children.
http://mac.abc.se/~onesr/ez/isl/0-sbm/Condemnations%20of%20Suicide%20Bombing%20by%20Muslims.pdf
Shaikh Abdal Hakim Murad:
"Suicide bombing is so foreign to the Quranic ethos that the Prophet Samson is entirely absent from our scriptures".
http://www.masud.co.uk/ISLAM/ahm/recapturing.htm
Shaykh Abdul Qadir al-Murabit:
Shaykh Abdul Qadir's fatawa on using Suicide as a Tactic:
http://www.shaykhabdalqadir.com/content/articles/Art001_17022004.html
Shaykh Hamza Yusuf Hanson:
"I have never and will never agree with suicide bombings. That has never sat right with me, ever. I think it is just so antithetical to the truth of Islam, and I have always had that problem with it. No one can ever find anywhere, in the last thirteen or fourteen years of my public speaking, where I have condoned that. I have never been comfortable with that or comfortable with any types of terror because my understandings of Islam is that it is a chivalrous religion. It is a religion that demands honour in engagement, and my belief is that I would rather die than reduce myself to the level of these types of people because I know they certainly use it against us.
http://mac.abc.se/~onesr/ez/isl/0-sbm/Condemnations%20of%20Suicide%20Bombing%20by%20Muslims.pdf
Pakistani Ulama unanimously declare Suicide attacks Har'aam:
Pakistani Ulama have declared Suicide attacks as Har'aam and Na-jaiz:
http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Islamabad/14-Oct-2008/Suicide-attacks-are-haram-and-najaaiz-in-Pakistan-Ulemas-decree
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6 comments:
Just curious what to make of this statement by Imam Ghazali, which he has given in his masterpiece, Ihya Ulum al-Deen:
"Shun those ulama who go to the courts of the rulers. Go and learn from those who shun the rulers."
How does this relate to your use of 'modern' scholars who denounce parts of Islam whilst being subsidized by foreign govts.?
Where does the British taxpayer supported Quilliam foundation fit in with the above quote by Ghazali?
regards,
Kw
Khalid
Ibn Khaldun taught in Al-Azhar, was a scholar of the Maliki Jurisprudence and also worked as a judge in Cairo. Should he be shunned ?
The classical scholar Imam al-Shafi (ra) worked as a Judge for the government of the time. Should he be shunned?
Taqiudeen Nabhani worked as a Judge. His grandfather Sheikh Yusuf an-Nabhani, was appointed as a judge at different Shariah courts in Jenin, Constantinople, Mosul, Latakia, Jerusalem and Beirut. Do you think Hizb ut Tahrir and it's sympathisers will shun Taqiudeen Nabhani?
I hope that dispels your curiosity.
Fatima.
Fatima
Could you please answer the following questions:
1) Do you believe in cutting of the hands for stealing?
2) Do you believe in stoning to death of an adulterer?
3) Do you believe that a man gets twice as much as his sister in inheritance?
4) Do you believe that establishing a Khilafa and having one khalifa over Muslims is wajib by consensus?
5) Do you believe that there is no separation between Islam and politics?
6) Do you believe that Allah is the only lawgiver?
7) Do you believe that there is offensive as well as defensive Jihad in Islam?
8) Do you believe that the apostates are executed under Islamic law?
In response to your Questions Abu Junaid.
1) Do you believe in cutting of the hands for stealing?
The Hudood were repealed by the HANAFI Ottoman Ulema and other Mufti’s including the chief Mufti at the time. I respect their view.
2) Do you believe in stoning to death of an adulterer?
As above
3) Do you believe that a man gets twice as much as his sister in inheritance?
Inheritance is a detailed Fiqh matter and in today’s day and age looking the different contexts and shariah regulations about maintenance etc. Please read Imran Khan Nyazee’s writing and Khalid Abou el-Fadl’s about this
4) Do you believe that establishing a Khilafa and having one khalifa over Muslims is wajib by consensus?
It is not by consensus and most scholars have actually stated that today these things are matters of debate amongst scholars
5) Do you believe that there is no separation between Islam and politics?
Islam and politics are not the same, and in fact there are overlaps, and also other areas which are completely left undefined and other areas where there are broad principles. Fundamentally scholars have discussed that such issues should be looked at in the context of the maslaha – the prevailing interests.
6) Do you believe that Allah is the only lawgiver?
This is completely wrong, you should read the writings of our ulema in this regard. Ibn Khaldun explains that the rulers and caliphs replaced the prophet as a law-giver after he ascended from this life. It is the false slogan of the Khawarij that Allah is the Judge only, as Imam Ali may Allah bless the Prophet and His family and grant them peace), a true word used for falsehood.
7) Do you believe that there is offensive as well as defensive Jihad in Islam?
There is Jihad in Islam to quell hostility against Islam and the Muslims practicing their faith.
8) Do you believe that the apostates are executed under Islamic law?
There are different views about this and as our scholars have explained it was connected to the socio-political factors and social identity more than religious (see Ustadh Mahmoud Shaltut’s writings on this matter)
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