The Islamic Law of Jihad (Part 2/2)
Special Article
iv. The Ultimate Goal
The fourth thing discussed in the verses (2:190-4) is the ultimate goal of Jihad. It says that Jihad should continue until two objectives are totally achieved:
Firstly, ‘فتنه’ (fitnah) is uprooted.
Secondly, in the Arabian peninsula only Islam reigns supreme.
For the first objective, the words used by the Qur’an are ‘حتى لا تكون فتنه’ (hatta la takuna fitnah: until fitnah does not remain). Surah Anfal (8:39) also mentions this objective in similar words. ‘فتنه’ (fitnah) is something which the Qur’an regards as ‘اشد من القتل’ (ashaddu min’al-qatl: a greater crime than murder). It means ‘persecution’ (to force a person to give up his religion). It is used in this meaning at a number of places in the Qur’an. No doubt, it is a crime greater than murder. The Almighty has created this world to test man by giving him the right to freely choose his religion and ideology. Consequently, any person who forces someone to give up his religion is in fact rebelling against the scheme of the Almighty. So when an Islamic state was established in Madinah, Muslims were directed to take up arms against people who were responsible for persecuting Muslims and to continue this aggression until persecution was uprooted from Arabia. The following verses forcefully depict this directive:
وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالْمُسْتَضْعَفِينَ مِنْ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ الَّذِينَ يَقُولُونَ رَبَّنَا أَخْرِجْنَا مِنْ هَذِهِ الْقَرْيَةِ الظَّالِمِ أَهْلُهَا وَاجْعَل لَنَا مِنْ لَدُنْكَ وَلِيًّا وَاجْعَل لَنَا مِنْ لَدُنْكَ نَصِيرًا الَّذِينَ آمَنُوا يُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالَّذِينَ كَفَرُوا يُقَاتِلُونَ فِي سَبِيلِ الطَّاغُوتِ فَقَاتِلُوا أَوْلِيَاءَ الشَّيْطَانِ إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا (4: 75-6)
And what has come over you that you fight not in the cause of Allah, and for those weak, ill-treated and oppressed among men, women, and children, whose cry is: ‘Our Lord! Rescue us from this town whose people are oppressors, and raise for us from You one who will protect, and raise for us from You one who will help. [You should know that] those who believe fight in the cause of Allah, and those who disbelieve, fight in the cause of Satan. So fight you against the friends of Satan. Ever feeble indeed is the plot of Satan. (4:75-6)
The directive of waging war against ‘فتنه’ (fitnah: persecution) is mentioned in certain other verses of the Qur’an as well. No doubt, the age old tradition of forcing people to renounce their religion has almost been eliminated today; however, as long as human beings remain human beings, they can always revert to it. Consequently, this is an eternal directive of the Qur’an. Ifpersecution surfaces at any place on this earth of God, it is imperative upon a Muslim state to root it out if it has the strength and power to do so and help the oppressed by waging war against it. This is an everlasting directive of the Qur’an for the Muslims and no law of this world can repeal it.
A question arises here: Do other forms of injustice and oppression besides persecution also not entail a similar action? The answer to this question in the opinion of this writer is that all forms of oppression against the life and wealth as well as freedom of opinion and expression of Muslims – should be considered under it in various degrees. Consequently, if a group of Muslims commits unwarranted aggression against some of their brothers and does not desist from it even after all attempts of reconciliation, such a group according to the Qur’an should be fought with:
وَإِنْ طَائِفَتَانِ مِنْ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِنْ فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ (49 :9-10(
And if two parties or groups among the believers start fighting, then make peace between them both. But if one of them outrages against the other, then fight you against the one which outrages till it complies with the command of Allah. Then if it complies, make reconciliation between them justly, and be equitable. Verily! Allah loves those who are the equitable. The believers are brothers to one another. So make reconciliation between your brothers, and fear Allah that you may receive mercy. (49:9-10)
The directives mentioned in this verse can be summarized thus:
1. If two groups among the Muslims are engaged in a fight with one another, other Muslims should not remain indifferent to this state of affairs and should not think that this matter does not concern them. Similarly, it is improper to support a group merely on the basis of familial or tribal bias. They must support the group who in their opinion is on the right and in no way let such biases form the basis of their support. They must try to fully comprehend the situation and then try to reconcile the two groups.
2. If one of the groups is not willing to reconcile or after reconciliation again resorts to oppression and injustice, then it is the duty of the Muslims that if they have the power they should fight this group under the authority of some state. This aggression launched should continue until that group surrenders to the decision the arbitrators have put forth before the two groups. The Qur’an has used the word ‘امر الله’ (amrullah: the decision of God) for the decision of the arbitrator. This means that if a person evades this decree, he is in fact evading the decree of God.
3. If the two groups show their willingness to reconcile, the Almighty has stressed that neither should any unwarranted lenience be shown to them nor should they be shown injustice in any way. Justice should be the basis of the reconciliation and whatever loss a party has incurred, it should be compensated for it.
This directive obviously pertains to the existence of a Muslim state under which such a war can be waged. If Muslims do not have a state, then in such a situation, the Prophet Muhammad (sws) while answering a question raised by Hudhayfah (rta) directed the Muslims to dissociate themselves from such anarchy and disorder:
قُلْتُ فَإِنْ لَمْ يَكُنْ لَهُمْ جَمَاعَةٌ وَلَا إِمَامٌ قَالَ فَاعْتَزِلْ تِلْكَ الْفِرَقَ كُلَّهَا وَلَوْ أَنْ تَعَضَّ بِأَصْلِ شَجَرَةٍ حَتَّى يُدْرِكَكَ الْمَوْتُ وَأَنْتَ عَلَى ذَلِكَ.(بخاري: 7084)
I asked: If there is no state or ruler of the Muslims? He replied: In this situation, dissociate yourself from all groups, even if you have to chew the roots of a tree at the time of your death. (Bukhari: No. 7084)
For the second objective, the words used in Surah Baqarah and Surah Anfal are يكون الدين لله’’ (yakuna’l-din li’llah: Allah’s religion reigns supreme) and‘يكون الدين كله لله’ (yakuna’l-din kulluhu li’llah: all of Allah’s religions reigns supreme) respectively. Prior to them the word ‘قاتلوهم’ (qatiluhum: fight them) directs the Muslims to wage war. The antecedent of the pronoun ‘هم’ (hum: them) in this word is the Idolaters of Arabia. Consequently, this much is certain that here these expressions mean that in the land of Arabia the religion of Islam reigns supreme. This purpose could only have been achieved in two ways: either the followers of all other religions be put to death or they be subdued and subjugated completely. Consequently, after many phases interspersed with periods of both war and peace, when the disbelievers were totally humiliated, both these ways were adopted. Muslims were directed to kill the Idolaters of Arabia if they did not accept faith and to let the Jews and Christians live on their own religions if they accepted to pay Jizyah and to live a life of total subjugation to the Islamic state established in Arabia. However, the active adversaries among them were put to death or exiled whenever it became possible.
It has been written at the very beginning of this article that the various measures adopted by the Prophet (sws) and his Companions (rta) including warfare were all divinely ordained. These measures do not belong to the common Shari‘ah law of Islam. They rather belong to a specific law which can be termed as the law of ‘اتمام الحجة’ (itmamu’l-hujjah). This law can be summarized as: when the truth is unveiled to a people in its ultimate form such that no one has any excuse to deny it, then the rejecters of this truth are punished in this very world. The Qur’an says that the decision for this punishment is made by the Almighty after various phases of the preaching mission. In this way, the court of justice that will be set up one day before the Almighty is set up in this very world and the reward of punishment which will take place on the Day of Judgement is rehearsed in this very world. The history of this worldly Judgement as mentioned in the Qur’an shows that the nature of the punishment meted out is generally of two forms:
In the first case, a Rasul has very few companions and also does not have a place to migrate. In the second one, he migrates with a considerable number of companions and before he even does so, the Almighty arranges for them a territory where they can migrate and live there as its sovereigns and with freedom. In both these cases, the established practice of the Almighty regarding His Rusul manifests itself – the practice which the Qur’an describes in the following words:
إِنَّ الَّذِينَ يُحَادُّونَ اللَّهَ وَرَسُولَهُ أُوْلَئِكَ فِي الأَذَلِّينَكَتَبَ اللَّهُ لَأَغْلِبَنَّ أَنَا وَرُسُلِي إِنَّ اللَّهَ قَوِيٌّ عَزِيزٌ(58 :20-1)
Indeed those who are opposing Allah and His Messengerare bound to be humiliated. The Almighty has ordained: ‘I and My Messengersshall always prevail’. Indeed Allah is Mighty and Powerful. (58:20-1)
In the first case, this humiliation takes the form of Divine punishment which descends upon the adversaries of a Rasul in the form of raging storms, cyclones and other calamities, which completely destroy them. It is evident from the Qur’an that the nations of Noah (sws), Lot (sws), Salih (sws) and Su‘ayb (sws) along with some other nations of Rusul met with this dreadful fate. The only exception to this were the People of the Book (the Israelites) who were not destroyed because, being the People of the Book, they were basically adherents to monotheism. Their humiliation took the form of constant subjugation to the followers of Jesus (sws) till the Day of Judgement.
In the second case, a Rasul and his companions subdue their nation by force, and execute them if they do not accept faith. In this case, his addressees are given some further respite. In this period, the Rasul does ‘اتمام الحجة’ (Itmamu’l-H~ujjah33) on the inhabitants of the land to which he had migrated. He morally cleanses and trains his followers and prepares them for a final onslaught with evil. He also consolidates his political power in the land so that he is able to root out the disbelievers and establish the supremacy of the believers through this political power.
It was this situation which had arisen in the case of the Rasul Muhammad (sws). After ‘اتمام الحجة’ (Itmamu’l-H~ujjah), it was the Jews who were subdued first. They had been granted amnesty because of various pacts. Those among them who violated these pacts were given the punishment of denying a Rasul (Messenger) of God. The Prophet (sws) exiled the tribe of Banu Qaynuqa‘ to Khaybr and that of Banu Nadir to Syria34. The power they wielded at Khaybr was crushed by an attack at their strongholds.35 Prior to this, Abu Rafi‘ and Ka‘ab Ibn Ashraf were put to death in their houses.36 The tribe of Banu Qurayzah was guilty of treachery and disloyalty in the battle of the Ahzab.37When the clouds of war dispersed and the chances of an external attack no longer remained, the Prophet (sws) laid siege around them. When no hope remained, they asked the Prophet (sws) to appoint Sa‘ad Ibn Mu‘adh (rta) as an arbitrator to decide their fate. Their request was accepted. Since, at that time, no specific punishment had been revealed in the Qur’an about the fate of the Jews, Sa‘ad announced his verdict in accordance with the Torah. As per the Torah, the punishment for treason was that all men should be put to death; the women and children should be made slaves and the wealth of the whole nation should be distributed among the conquerors.38 In accordance with this verdict pronounced, all men wereexecuted.39 No other incident of note took place regarding the Jews until in Surah Tawbah the final judgement was declared against them:
قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنْ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ (9: 29)
Fight those who believe not in Allah or the Last Day, nor hold that forbidden which has been forbidden by Allah and His Messenger, nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the Jizyah with willing submission and are subdued. (9:29)
This directive related to both the Jews and the Christians. The punishment mentioned in these verses was in fact a show of great lenience to them because of the fact that they were originally adherents to monotheism. In reality, they had become worthy of death and destruction after deliberately denying Muhammad (sws). However, they did not benefit from this lenience because after the death of the Prophet (sws) they once again resorted to fraud and treachery.40 Consequently, the Jews of Khaybar and the Christians of Najran were exiled once and for all from the Arabian peninsula by the Caliph ‘Umar (rta). This exile in fact thus fulfilled the following declaration of the Qur’an about them:
وَلَوْلَا أَنْ كَتَبَ اللَّهُ عَلَيْهِمْ الْجَلَاءَ لَعَذَّبَهُمْ فِي الدُّنْيَا وَلَهُمْ فِي الْآخِرَةِ عَذَابُ النَّارِ(3:59)
And had it not been that Allah had decreed exile for them, He would certainly have punished them in this world; and in the Hereafter theirs shall be the torment of the Fire. (59:3)
When the Idolaters of Arabia had been similarly subdued, it was proclaimed in the Surah Tawbah that in future no pact would be made with them. They would be given a final respite of four months and then they would be humiliated in retribution of their deeds and would in no way be able to escape from this punishment (the Qur’an 9:1-2). Consequently, Makkah was conquered and just as some of the active adversaries among them had been executed when they were caught as prisoners in the battle of Badr and Uhud, similarly at this occasion also such adversaries were put to death. Prior to this, the directive had been revealed about them that it should be proclaimed at the time of the H~ajj-i-Akbar (9th Hijra) that once the forbidden months would be over, Muslims should slay the Idolaters wherever they find them except if they accept faith, establish the prayer and pay Zakah. However, those among them who were bound in time bar pacts with Muslims were an exception to this directive. Muslims were asked to honour these contracts till their stipulated time period if their adversaries abided by them. The implication was clear: once the time period expired, these adversaries would also meet the fate that had been ordained for all the Idolaters of Arabia. They were to be killed in case they did not accept faith. This declaration was made in the Qur’anin the following words:
وَأَذَانٌ مِنْ اللَّهِ وَرَسُولِهِ إِلَى النَّاسِ يَوْمَ الْحَجِّ الْأَكْبَرِ أَنَّ اللَّهَ بَرِيءٌ مِنْ الْمُشْرِكِينَ وَرَسُولُهُ فَإِنْ تُبْتُمْ فَهُوَ خَيْرٌ لَكُمْ وَإِنْ تَوَلَّيْتُمْ فَاعْلَمُوا أَنَّكُمْ غَيْرُ مُعْجِزِي اللَّهِ وَبَشِّرْ الَّذِينَ كَفَرُوا بِعَذَابٍ أَلِيمٍ إِلَّا الَّذِينَ عَاهَدتُّمْ مِنْ الْمُشْرِكِينَ ثُمَّ لَمْ يَنقُصُوكُمْ شَيْئًا وَلَمْ يُظَاهِرُوا عَلَيْكُمْ أَحَدًا فَأَتِمُّوا إِلَيْهِمْ عَهْدَهُمْ إِلَى مُدَّتِهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ فَإِذَا انسَلَخَ الْأَشْهُرُ الْحُرُمُ فَاقْتُلُوا الْمُشْرِكِينَ حَيْثُ وَجَدْتُمُوهُمْ فَاقْتُلُوا الْمُشْرِكِينَ حَيْثُ وَجَدْتُمُوهُمْ وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُوا لَهُمْ كُلَّ مَرْصَدٍ فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوْا الزَّكَاةَ فَخَلُّوا سَبِيلَهُمْ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (9:3-5)
And a declaration should be made from Allah and His Messenger to these people on the day of the great Hajj that Allah is free from [all] obligations to these Idolaters and so is His Messenger. So if you [O Idolaters!] repent, it is better for you, but if you turn away, then know that you cannot escape from the grasp of Allah. And give tidings [O Muhammad (sws)] of a painful torment to these disbelievers. Except those of these Idolaters with whom you have a treaty, and who have not shown treachery in it nor have supported anyone against you. So fulfill their treaty to the end of their term. Indeed, Allah loves those who abide by the limits. Then when the sacred months [ after the H~ajj] have passed, kill these Idolaters wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and establish the prayer, and give Zakah, then leave them alone. Indeed, Allah is Ever Forgiving, Most Merciful. (9:3-5)
With these measures, the basic objective of war stated by the words: ‘يكون الدين كله لله’ (yakuna’l-din kulluhu li’llah: all of Allah’s reigns supreme) was achieved in the ultimate sense. However, it is explained above that as per the law of ‘اتمام الحجة’ (itmamu’l-h~ujjah), all these measures were an obvious outcome of the fact that the Prophet (sws) was able to establish ‘شهادة’ (shahadah: bearing witness to the truth) on the Idolaters and the People of the Book of Arabia. The Qur’an tells us that just as this‘شهادة’ (shahadah) was established by the Prophet (sws) on these afore-mentioned religious groups it was similarly established by his Companions (rta) on certain nations outside the Arabian peninsula in the background of Muhammad’s ‘شهادة’ (shahadah) and because of the fact that they were invested with the status of ‘خير امة’ (the best people).41 The Qur’an has specified that the Almighty chose the Companions (rta) of the Prophet (sws) for this ‘شهادة’ (shahadah), just as He chooses Messengers from mankind to fulfill this objective:
هُوَ اجْتَبَاكُمْ وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ مِلَّةَ أَبِيكُمْ إِبْرَاهِيمَ هُوَ سَمَّاكُمْ الْمُسْلِمينَ مِنْ قَبْلُ وَفِي هَذَا لِيَكُونَ الرَّسُولُ شَهِيدًا عَلَيْكُمْ وَتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ (22:78)
He has chosen you, and has imposed no difficulties on you in religion; it is the religion of your father Abraham. It is He Who has named you Muslims, both before and in this [Qur’an]: [He chose you so that] the Messenger may be a witness [of this religion] to you, and you be witnesses of this religion to non-Muslims [of your times]. (22:78)
After the truce of Hudaybiyyah, the Prophet (sws) himself singled out these nations by writing letters to them. In all, they were written to the heads of eight countries.42 Consequently, after consolidating their rule in the Arabian peninsula, the Companions (rta) launched attacks against these countries giving them two options if they wanted to remain alive: to accept faith or to accept a life of subjugation by paying Jizyah. None of these nations were adherents to polytheism in the real sense, otherwise they would have been treated in the same way as the Idolaters of Arabia.
It is evident from these details that all these armed campaigns and offensives were not merely ‘قتال’ (qital: war), they were in reality a punishment of the Almighty. This punishment which is meted out to those who deliberately deny the truth is an established practice of Allah. As a divine scheme, it descended first upon the Idolaters and the People of the Book of Arabia and then to certain other nations outside it. Only the Companions (rta) were authorized to carry them out because they were called ‘شهداء الله فى الارض’ (shuhada allah fi’l-ard: witnesses of Allah on the earth) by the Almighty Himself and His Prophet (sws), and it was, as a result, through their collectivity that the truth became manifest for other nations of the world. Consequently, this is absolutely certain that fighting those who have deliberately rejected the truth and forcing the vanquished to lead a life of subjugation by imposing Jizyah on them is no longer allowed. No one after the Prophet (sws) and his worthy Companions (rta) has the authority to wage war on these grounds or to subjugate the conquered by imposing Jizyah on them. After them, the sole ground of war for Muslims is injustice and oppression. They cannot wage war on any other ground.
III. Divine Help
يَاأَيُّهَا النَّبِيُّ حَرِّضْ الْمُؤْمِنِينَ عَلَى الْقِتَالِ إِنْ يَكُنْ مِنْكُمْ عِشْرُونَ صَابِرُونَ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ مِائَةٌ يَغْلِبُوا أَلْفًا مِنْ الَّذِينَ كَفَرُوا بِأَنَّهُمْ قَوْمٌ لَا يَفْقَهُونَ الْآنَ خَفَّفَ اللَّهُ عَنكُمْ وَعَلِمَ أَنَّ فِيكُمْ ضَعْفًا فَإِنْ يَكُنْ مِنْكُمْ مِائَةٌ صَابِرَةٌ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ أَلْفٌ يَغْلِبُوا أَلْفَيْنِ بِإِذْنِ اللَّهِ وَاللَّهُ مَعَ الصَّابِرِينَ )8: 65-6)
O Prophet! Rouse the believers to the fight. If there are twenty amongst you, patient and persevering, they will subdue two hundred: if a hundred, they will subdue a thousand of the disbelievers: for these are a people without understanding. Now, God has lightened your [task] for He knows that there is now weakness among you: But [ever so], if there are a hundred of you, patient and persevering, they will subdue two hundred, and if a thousand, they will subdue two thousand, with the leave of God: for God is with those who patiently persevere. (8:65-6)
Just as these verses of Surah Anfal indicate the extent of the obligation of Jihad, they also highlight the principle on which Divine Help descends on believers in an armed struggle. They unequivocally state that Divine Help in this matter is governed by a specific law and is not subject to the whims and desires of people. The Almighty has fixed a principle according to which He helps people who set out for Jihad and always abides by this principle. A reflection on these verses shows that Divine Help in a war is based on the following three statutes:
Firstly, the basic thing that entitles people to Divine Help is perseverance and resolution. No group of Muslims becomes entitled to it unless it has this quality in it. A battalion of Muslims devoid of this quality should not expect Divine Help when it faces the enemy. The words ‘صابرون’ (Sabirun) and ‘صابرة’ (Sabirah) of the above quoted verses allude to this reality. Moreover, the words ‘و الله مع الصابرين’ (wallahu ma‘a al-sabirin: God is with those who persevere) at the end of the verse also bear reference to this fact.
Secondly, an army must be equipped with proper military strength if it is to wage war. No doubt, whatever happens, happens because of God’s will and one must fully repose one’s trust in Him, but this is also a reality that the Almighty has created this world on certain laws. The scheme behind these laws dictates that whatever measures are adopted for doing good and virtuous deeds, they must have the backing of necessary resources. What are these means and resources? A ratio between Muslim and enemy forces has been put forth in these verses by the Almighty. If this has not been achieved, then efforts should be made by the Muslims to achieve it. If they wage Jihad by ignoring this ratio by succumbing to emotions, they themselves would be responsible for such a rash step. Such a step would, of course, not be entitled to any Divine Help.
Thirdly, it is the force of faith that compensates for any lack of material force. The words ‘علم ان فيكم ضعفا’ (‘alima anna fikum da‘fa: He knows that there is now weakness among you) and ‘بانهم قوم لا يفقهون’ (bi annahum qawmun la yafqahun: for these are a people without understanding) bear reference to this inference. The word ‘ضعف’ (da‘f) in Arabic is not only used for material and physical weakness but also for weakness in faith and belief. Similarly, the meaning of the words ‘لا يفقهون’ (la yafqahun) used in contrast to the strength of faith implies a weakness in faith and belief. The verse, consequently, says that since the disbelievers are devoid of true faith and belief while, on the other hand, the believers possess them, so if the believers are outnumbered by 1:10 even then they would be the victors.
It is evident from the context of the surah that the ratio stated is of the period of the battle of Badr. After this battle, many people entered the folds of Islam – people who were not as strong in faith and resolve as those who had been the ‘سابقون الاولون’ (sabiquna’l-awwalun: the pioneer converts). Though Muslims greatly increased in numbers as a result of these conversions, yet the level and extent of faith decreased overall since the converts were nevertheless not as strong in their faith as the ‘سابقون الاولون’ (sabiquna’l-awwalun: the pioneer converts). Consequently, the Almighty Himself informed the Muslims that now this ratio had decreased to 1:2 from the original 1:10.
Finally, it needs to be appreciated that the ratios stated in these verses are about the Companions (rta) of the Prophet (sws) – who were a group of noble souls who waged Jihad along side the Prophet (sws) and as a result of a direct command of the Almighty. In later times, it can be estimated whether this ratio has increased or decreased keeping in view the extent of faith Muslims have.
IV. Captives of War
فَإِذا لَقِيتُمْ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا (4:47)
So, when you meet [in the battlefield] those who disbelieve, strike off their heads. Then when you have shed their blood fully, bind them [as captives]. Thereafter, free them as a favour or free them with ransom till war lays down its weapons. (47:4)
It is evident from the words of this verse that until its revelation wars with the disbelievers had not begun, though circumstances had reached the extent that they could begin anytime. Muslims are told that if they encounter the disbelievers of Arabia, who had rejected the truth in spite of being convinced about it, in the battle field they must slay them. They deserve no lenience after such a blatant denial of the truth which had been unveiled to them by the Prophet (sws) in its ultimate form. Muslims must rout their power when they meet them in the battlefield and capture those who survive. They should know that the help of the Almighty is with them and the enemy would not be able to harm them. It is now up to them to either set free the captives as a favour to them or set them free after accepting some ransom. This is the attitude they should adopt until warfare with the disbelievers ends in Arabia.43
Although this directive is stated in the surah with reference to the Mushrikun, nothing in it restricts its application to them only. Therefore, it will apply to other combatants – whether of those times or of later – as well.
The words that have been used to state this directive read as: ‘فاما منا بعد واما فداء’(fa imma mannan ba‘du wa imma fida’an: thereafter free them as a favour or free with them with ransom). Those who have a flare for the language know that if the word ‘فداء’(fida’an) here means to set free a captive after accepting ransom, then since the word ‘منا’(mannan) is placed in contrast to it, ‘منا’(mannan) should convey the opposite meaning: that is to set them free without accepting any ransom as a favour. The word ‘منا’(mannan) here is a verbal noun of a suppressed verb and since it does not occur in contrast to ‘قتل’(qatl: murder) and in contrast to ‘فداء’(fida’an), it can only and only mean the setting free of captives without accepting any ransom money. It is evident from this verse that Muslims had to set them free at all costs whether with ransom or without, and as per the Qur’an could even benefit from them in their capacity of slaves as long as they remained in captivity. However, they could neither kill them nor keep them as slaves come what may.
Three types of captives, however, were an exception to this rule:
1. Brutal adversaries, as per the dictates of the law of ‘اتمام الحجة’ (itmamu’l-hujjah)44, were required to be slain wherever found. Examples of people who were killed as a result were ‘Uqbah Ibn Abi Mu‘it, Nadr Ibn Harith45 and Abu ‘Azzah46– the captives of the battles of Badr and Uhud. Similarly, at the conquest of Makkah, certain others were also slain as an exception to the general amnesty granted because of their open enmity.47
2. The captives of the Banu Qurayzah who met a fate decided by an arbitrator appointed by themselves: their men were slain and their women and children were sold as slaves.48
3. Captives who were slaves prior to their capture and, at certain instances, were distributed among people as slaves.49
It is obvious that these three cases were exceptions and the directive stated in the above quoted verse never related to them. Consequently, if all the incidents of the Prophet’s times regarding prisoners of war are studied, it can be safely concluded that barring these three exceptions everything done was in conformity with the above quoted directive of Surah Muhammad.
Following are the details:
1. As long as the prisoners remained in captivity of the state authorities, they were treated in a befitting manner. It is known that the prisoners of Badr were distributed among the Companions (rta) and the Prophet (sws) himself directed the Companions (rta) in the words: ‘استوصوا بالاسارى خيرا’ (istawsu bi‘l-usara khayran: treat these prisoners well).50 One of the prisoners Abu ’Aziz says that he was kept in a house of the Ansar tribe. He goes on to say that his hosts fed him with chapati while they themselves just ate dates.51 When Thumamah Ibn Uthal, a chief of Yamamah, was taken into custody, he, at the behest of the Prophet (sws), was fed with good food and milk as long as he remained in captivity.52
2. Most prisoners of the battle of Badr were set free after accepting ransom from them. Those among them who could pay in cash were exacted a ransom that ranged from one thousand to four thousand dinars per prisoner, while those among them who were not in a position to pay this amount were set free if they taught ten children each from among the Ansar to read and write. Abu Sufyan’s son, ‘Amr, was set free in exchange for Sa‘ad Ibn Nu‘man whom he had imprisoned.53
Among the captives of the battle of Bani Mustaliq, Juwayriyyah was freed after her father, Harith Ibn Abi Darar paid the ransom money.54 Once Abu Bakr (rta)was sent on a military campaign. Among the captives there was a beautiful lady. The Prophet (sws) sent her to Makkah and was able to win the freedom of many prisoners in lieu of her.55 Similarly, a prisoner of the Bani ‘Aqil was sent to Ta’if and in lieu of him, two prisoners in the custody of the Banu Thaqif were released.56
3. Some captives were set free without any ransom. Among the captives of Badr, Abu’l- ‘A%s,Matlab Ibn Hantab, Sayfi Ibn Abi Rafa‘ah and Abu ‘Azzah and among those of the battle against the Banu Qurayzah, Zubayr Ibn Batas were set free like this.57 At the time of the truce of Hudaybiyyah, about 80 people from Makkah suddenly attacked the Muslims at night from the direction of Tan‘im. All of them were caught and the Prophet (sws) set them free without any ransom money as well.58 Thumamah Ibn Uthal, referred to earlier, was also set free on similar grounds.59
4. On some occasions, the prisoners were distributed among people so that they could directly deal with them or their relatives on the principle of ‘فاما منا بعد واما فداء’ (fa imma mannan ba‘du wa imma fida’an: thereafter free them as a favour or free them with ransom), the prisoners of the battle against the Bani Mustaliq, were distributed thus. However, once the Prophet (sws) married Jawayriyyah after she had been set free, all the Muslims set free the prisoners in their custody without any ransom saying that these prisoners had now become the relatives of the Prophet (sws). Prisoners from about one hundred families were released in this way.60The prisoners of the military campaign (sariyyah) against the Hawazin tribe were also similarly set free by the Prophet (sws) without taking any ransom from the people. Similar was the case of the prisoners of the Hunayn tribe.61
When the tribe of Hawazin came to buy the freedom of their prisoners, it came to their knowledge that all their prisoners had been distributed. At their request, the Prophet (sws) gathered all Muslims among whom these prisoners had been distributed. When all had assembled, the Prophet (sws) expressed his opinion that everyone should release the prisoners they had in custody. He further said that whoever wanted to set them free without any ransom, should do so and others who wanted ransom would be granted the ransom by the state treasury. As a result of this request, 6000 prisoners were set free, and those among the Muslims who demanded ransom were paid by the state treasury.62
5. Widows and other helpless women among these prisoners who had been similarly distributed were generally set free by the respective owners and married to them through their free consent. On these very grounds, the marital knot was tied between Safiyyah (rta) and the Prophet (sws).63
V. Spoils of War
يَسْأَلُونَكَ عَنْ الْأَنْفَالِ قُلْ الْأَنْفَالُ لِلَّهِ وَالرَّسُولِ فَاتَّقُوا اللَّهَ وَأَصْلِحُوا ذَاتَ بَيْنِكُمْ وَأَطِيعُوا اللَّهَ وَرَسُولَهُ إِنْ كُنتُمْ مُؤْمِنِينَ(1:8)
They ask you about the spoils of war. Say: The spoils belong to Allah and the Prophet. Therefore, if you are true believers, fear Allah and reform your personal relationships, and obey Allah and His Prophet. (8:1)
A look at the context of this verse and at the issues discussed in the surah of which it is a part shows that after the very first battle which the Muslims fought against the Idolaters of Makkah, the issue of the distribution of the spoils of war came to surface. There existed a difference of opinion about it among the Muslims. The Qur’an admonished the Muslims on this attitude and gave its verdict in this matter. Muslims were told that they had no claim in the spoils because of the peculiar nature of these wars. They were informed that all these spoils belonged to Allah and His Prophet (sws) and as such they had discretionary powers as far as their disbursement was concerned. This writer has already delineated the reason for this: these wars were fought under a specific law of the Almighty, according to which He, through His Messengers, punishes people who deliberately deny the truth. These Messengers and their companions in this matter are no more than agents of the implementation of this Divine scheme. It is with the special help of the Almighty through His angels that these battles were actually won. It was for this very reason that Muslims did not have any share in the booty obtained from these wars. However, in spite of this, they are told later in the surah that only one-fifth of it will be used by the Almighty and His Prophet (sws) for the collective. The rest of it will be distributed among the soldiers:
وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (41:8)
And you should know that a fifth of the spoils you get hold of are for Allah and the Prophet and the near relatives and the orphans and the needy and the wayfarer. (8:41)
It is evident from this distribution that since the believers had also assisted in acquiring them by using their personal weapons, camels and horses as well as food, camps and various other items needed during these wars, it was necessary to give them their due from these spoils. Consequently, in military campaigns, where the services of Muslim soldiers and combatants were not used, they were told that all the booty obtained would be used for the collective purposes of the state and religion and for the poor and needy: none of it would be given to the soldiers:
مَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْ أَهْلِ الْقُرَى فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (7:59)
Whatever the Almighty has bestowed on His Prophet from the people of the cities, it is reserved for Allah and His Prophet and the relatives of the Prophet64 and the orphans and the needy and the wayfarers. (59:7)
The above quoted verse as well as the verses of Surah Anfal quoted earlier explain the heads of the collective needs for which the war booty was reserved.
First and foremost, the share of the Almighty is stated. God Almighty is above all needs and does not need anything. His share is actually reserved for the requirements of His religion. Consequently, under this head, wealth will be expended to fulfill such needs as helping the cause of Islam at the state level as an obligation. This includes measures that protect and promote it.
The second share stated is that of the Prophet (sws). Besides fulfilling his duties as a Messenger, he was also the head of the Islamic state and as such spent every moment of his life in fulfilling them. To earn a livelihood while discharging these duties was not possible for him. In these circumstances, it was necessary that he be granted a share in the spoils of war. Of course, the nature of this share was such that it was not given to him in his personal capacity so that it may be distributed among his heirs after him. Consequently, after his death, this share was expended by the state on his behalf and in his prophetic capacity to fulfill the collective needs of the Muslims.
The third share stated is that of the near relatives. Obviously, by these are meant those relatives who were dependent on the Prophet (sws) for their livelihood and about the fulfillment of whose needs the Prophet (sws) considered himself to be morally responsible. He was a father to all Muslims. Consequently, this responsibility too, in accordance with the dictates of both the Shari‘ah and social conventions, was transferred to the state after the Prophet (sws) and his kin remained the recipients of this share as long as they lived.
The fourth share is that of the poor, the orphans and the wayfarers. While stating this share, the particle ‘ل’ (lam) is not repeated in this verse. This particle is appended to all the three shares stated before. This fourth category of shares is actually mentioned under the third stated share of the near relatives. The reason is to honour the recipients of this category as if they are also the near relatives of the Prophet (sws). This head needs no explanation. A society which is not sensitive to the requirements of these sections, and a society in which the orphans are subjected to misery and there is no one to take care of the wayfarers cannot in any way be given the noble name of an Islamic society.
It is evident from this discussion regarding the spoils of war that they are essentially reserved for the collective requirements of the Muslims. The combatants of the Muslim army have not been granted any fixed share in the spoils of war by the Almighty. In this regard, a state holds discretionary powers which it can exercise keeping in view the circumstances.
(Translated from Ghamidi’s Mizan by Shehzad Saleem)