We should realize that Islam came to complete the previous
Divine religions and faith on earth. In fact, the Prophet
(peace and blessings of Allah be upon him); Muhammad bin
Abdallah, completed the missions of the previous prophets.
Allah's Messenger (peace and blessings of Allah be upon him)
says:“
My example, and the example of the Prophets, who preceded me,
is like that of a person who built a beautiful house. The
house was perfect, magnificent and great except for a place of
a single brick (in one corner). People, who visited (or saw)
that house admired it but always wondered, Why did not the
owner complete that missing single brick?' I am that (missing)
brick. I am the final Prophet (for mankind on the earth)”[23].
Islam
diligently acts to provide the basic needs of man on earth
like the previous Divine religions. Islam works hard to secure
the following items for its society members.
Let's read together the following verse of the Glorious Qur'ân
from Sura Baqara [The Cow] 2:190 the meaning of which is
translated as:“
Fight in the cause of Allah those who fight you, but do not
transgress limits; for Allah loves not transgressors”.
Allah
(subhanahu wa ta'ala) made Jihad, struggle for His cause a
rewardable act that Muslims believe in and practice. In fact,
Jihad is looked upon as the "hump" of the camel, the highest
most important tip on the body of the camel, and it should be
so for a Muslim. Struggle for the sole cause of Allah
(subhanahu wa ta'ala) must be cherished by the sincere
Believing Muslims in this life. It should be treated very
awesomely and taken very seriously with a matured
understanding for its objectives. Jihad is not an innovation
in Islam. In fact, Jihad is an acceptable, well-established,
and known practice in the previous Faiths and nations as well.
Jihad was established earlier, Allah (subhanahu wa ta'ala)
knows best, because of the fact that mentalities of people are
conflictual all over the earth. Moreover, good and evil always
co-exist in societies all over the world throughout the
history. Therefore, Jihad was founded and defined in order to
stop tyranny and remove tyrant rulers who deviate from Allah's
Path and code of life that He laid down for man to follow.
Jihad is laid down also, Allah (subhanahu wa ta'ala) knows
best, in order to stop and ban people from worshipping other
people and false deities and introduces them to the reality of
the worship of Allah (subhanahu wa ta'ala) alone, Who has no
son, partners or associates. Jihad is also laid down for man
on earth to remove all injustices done and committed by man
and introduce man to the mercy, justice and full peace and
tranquility of Islam as a way of life. Moreover, Jihad is laid
down, in principle, to protect the Call to Islam and help
spreading it all over the world. It is for the interest of man
on earth and not for the interest of Arabs or Muslims as Islam
has no geographic borders. The final word underlying Jihad is
for the people to either accept or reject Islam as a way of
life. Islam has an international message for the entire
humanity. Islam has the most comprehensive code of morals and
ethics for every walk of life. Islam laid down the principles
of justice, fairness, equality, freedom, prosperity, success
and truthfulness for man on earth. Jihad is laid down, on the
other hand, not to force people against their own will to join
Islam, but rather it is a tool and mechanism to help spread
the religion of monotheism, justice and equality to the entire
world. After the various peoples receive the message, it is up
to them to accept Islam as a way of life, or choose otherwise.
In any event, the essential purpose of Jihad is to carry the
Message of Islam to people and introduce it to them. The
Almighty Allah states in the Glorious Qur'ân Sura Baqarah [The
Cow] 2:256 the meaning of which is translated as:“
Let there be no compulsion in religion: Truth stands out clear
from Error: whoever rejects Evil and believes in Allah has
grasped the most trustworthy hand-hold, that never breaks.
And, Allah hears and knows all things”.
The directive
principle cementing intra-relationships between government and
people is based on peace. Yet, Allah (subhanahu wa ta'ala)
laid down the foundations of Jihad in Islam for special
reasons and purposes. There is a main difference between the
term "Jihad" and "War". Jihad, as interpreted and understood
in Islam, is not a "Holy War" as described in the Western
media, but rather it is an honorable "Fight" against the
enemies of Allah (subhanahu wa ta'ala) who reject His Word and
faith in Him and His religion of Islam. "War" on the other
hand, is a drive for personal interests and ownership of
lands, natural resources, and political or economic reasons.
Islam ordered for Jihad in the three situations as follows:
- Defense of Life, Property and National Boundaries
This concept is based on the verse of the Glorious Qur'ân
Sura Baqarah [The Cow] 2:190 the meaning of which is
translated as:“
Fight in the cause of Allah those who fight you, but do not
transgress limits; for Allah loves not transgressors”.
- Removing oppression and preserving the just rights of
the oppressed people
This concept is based on the verse of the Glorious Qur'ân
Sura Nisa [The Women] 4:75 the meaning of which is
translated as:“
And why should you not fight in the cause of Allah and of
those who, being weak, are ill-treated people (and
oppressed)? 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!”.
- Defense of Faith and Religion
A fighter must purify his intention to please Allah
(subhanahu wa ta'ala) alone and with sound understanding
that he is not participating in this Jihad for any unfair
reasons. The fighters must realize that they are taking part
in such a Jihad in order to spread the Word of Allah
(subhanahu wa ta'ala). This concept is based on the verse of
the Glorious Qur'ân Sura Anfal [War Booties] 8:39 the
meaning of which is translated as:“
And fight them on until there is no more tumult or
oppression, and there prevails justice and faith in Allah
altogether and everywhere; but if they cease, verily Allah
does see all that they do”.
Moreover, if the enemies of Islam cease their fire and resort
to stop the war accepting to make peace with the Islamic Jihad
government, the Muslim fighters must, as well, cease their
fires and stop all Jihad activities. In fact, it becomes
unlawful for Muslims to continue to fight in Jihad against the
troops of the other side if the confronted party cease their
fire and ask for peace. This concept is based on the verse of
the Glorious Qur'ân Sura Nisa [The Women] 4:90 the meaning of
which is translated as:“
Therefore if they withdraw from you but fight you not, and
(instead) send you (guarantees of) peace, then Allah has left
no way for you (to war against them)”.
Furthermore,
all other types of wars that aims at land expansion, colonial
interests and revenge wars that result with a wide, or full
destruction, are totally prohibited according to Islam. Yet,
although Islam permitted fighting against enemies for
necessary reasons, but it has laid articulate rules of conduct
in waging wars against enemies of Islam. Islam does not allow
fighters to kill haphazardly any body. Islam permits to kill
only fighting staff and supporting forces, on the other side.
Islam does not permit, accept or condone to kill elderly
people, children, women, sick people, medically under
treatment and medical staff worriers and monks who have
secluded themselves for worship of Allah (subhanahu wa ta'ala)
in their own ways and principles. Islam prohibits killing a
wounded man in a battle. Islam also forbids mutilating the
bodies and organs of the deceased enemy fighters. Islam also
forbids to kill the cattle or any type of animals of the
enemies, destroy the houses of the people, pollute the potable
waters, rivers, lakes, springs and wells of water of the
fighting enemies. Islam prohibits killing a wounded fighter of
the enemies in the battlefield. Islam prohibits chasing people
who flee the battlefield. This concept is based on the verse
of the Glorious Qur'ân Sura Qasas [The Stories] 28:77 the
meaning of which is translated as:“
But seek, with the (wealth) which Allah has bestowed on you,
the Home of the Hereafter, nor forget your portion in this
World: but do you good, as Allah has been good to you, and
seek not (occasions for) mischief in the land: for Allah loves
not those who do mischief”.
It is also
based on the statement of Allah's Messenger (peace and
blessings of Allah be upon him):“
Invade (in fight for the) Cause of Allah and in His Name
against those who declare their unbelief in Allah. Invade
(fight) but do not breach your contracts or truces, do not
mutilate and do not kill a newly born baby”
[24].
This is also
in compliance to the directions and the recommendation of the
first Caliph, Abu Bakr (may Allah be pleased with him) to his
military leaders upon commissioning them for Jihad. He (may
Allah be pleased with him) said.
Listen and
obey the following ten commands and instructions: Do not
betray any one (if you give a pledge). Do not ever steal from
the war booties. Do not breach your pledge of allegiance. Do
not mutilate the body of the killed enemy fighters or
deceased. Do not kill a child or a minor. Do not kill an
elderly man or woman. Do not kill a woman. Do not pull out a
date palm tree (or any other trees) and do not burn it either.
Do not cut or destroy a fruit tree. Do not slaughter a female
sheep, a cow or a camel except for your (required) food. You
surely will pass by some people who isolate themselves and are
secluded for worship of Allah (subhanahu wa ta'ala) as monks
and else, thus leave them alone and do not disturb them ever.
You will, surely, stop at some people on the road, who will
bring forth for you all types of food dishes. Whenever you eat
their food utter the name of Allah (subhanahu wa ta'ala) each
time you eat. You will, surely, pass by a group of people who
shaved the hair in the center of their heads, and left the
surrounding hair long braids. Go ahead, kill these people as
they are the fighters and worriers who carry their swords
against you, of the enemies. Go ahead, with the name of Allah
(subhanahu wa ta'ala).
Similarly,
the POW, prisoners of war, in an Islamic Jihad are not to be
tortured, humiliated, mutilated or imprisoned in tight prison
cells without food and drink until death. This is based on the
verse of the Glorious Qur'ân Sura Insan-Dahr [The Human Being]
76:8 the meaning of which is translated as:“
And, they feed, for the love of Allah, the indigent, the
orphan, and the captive. 9- (Saying), We feed you for the sake
of Allah alone: no reward do we desire from you, or thanks”.
The Islamic
government has the right either to set free such POW as a
result of Islamic Jihad, with no ransom at all, or else, set
them free for a ransom or exchange them for Muslim POW with
their enemies. This is based on the verse of the Glorious
Qur'ân Muhammad 47:4 the meaning of which is translated as:“
Therefore, when you meet the Unbelievers (in fight), smite at
their necks; at length, when you have thoroughly subdued them,
bind a bond firmly (on them): thereafter (is the time for)
either generosity or ransom: until the war lays down its
burdens. Thus (are you commanded): but if it had been Allah's
Will, He could certainly have exacted retribution from them
(Himself); but (He lets you fight) in order to test you, some
with others. But those who are slain in the way of Allah, He
will never let their deeds be lost”.
As for the
conquered people, the non-Muslim residents of an Islamic
state, their family, possessions and estate must be protected.
No one has a right to seize the possession or the wealth of
the non-Muslim residents. No one has the right to humiliate
them or encroach up their honor. No one has the right to
attack them for a revenge of any sort. On the contrary,
non-Muslim residents in an Islamic state must be well treated,
justly dealt with and equally respected. The belief and
religious practices of the non-Muslim residents in an Islamic
state must as well be respected. All this is based on the
verse of the Glorious Qur'ân Sura Hajj [Pilgrimage] 22:41 the
meaning of which is translated as:“
(They are) those who, if We establish them in the land,
establish regular prayer and give regular charity, enjoin the
right and forbid wrong: with Allah rests the end (and
decision) of (all) affairs”.
The
non-Muslim residents of an Islamic state are, however,
required to pay a minimal tax called "head-tax" or Jizyah.
Head-tax is collected from individuals who do not want to join
Islam and desire to keep in their religion while living in an
Islamic state and under Islamic rule. This head-tax has three
types as follows:
- The head-tax of the rich and wealthy class: Its total
amount is an equivalent to the sum of (48) forty-eight
Dirhams[25]
a year.
- The head-tax of the middle or average class, such as
merchants, traders and farmer: Its total amount is an
equivalent to the sum of (24) twenty-four Dirhams a year.
- The head-tax of the working class, such as bakers,
carpenters, plumbers and the like: Its total amount is an
equivalent to the sum of (12) twelve Dirhams a year.
The head-tax is collected in return to the protection and the
life guarantee of the non-Muslim residents of an Islamic State
as well as the protection of this wealth, estate, possessions
and the like. Furthermore, such people will enjoy all the
rights, which Muslim conquerors will enjoy. This is declared
by a Muslim leader and worrier, General Khalid bin al-Waleed
(may Allah be pleased with him) who once pledged his
allegiance to the non-Muslim residents of an Islamic state and
said, 'I offer you my pledge of allegiance to fully protect
you against the head-tax collected from you. If we provide the
necessary protection, we are entitled for the head-tax.
Otherwise, you are not required to pay it'[26].
Meanwhile,
the head-tax is not applicable to every person who is
non-Muslim resident of an Islamic state. For instance, the
poor, the minor, the women, the monks, the blind people, the
disabled individuals or the handicapped, all of these
categories of people are not required to pay head-tax to the
Islamic state. Moreover, Islam made it obligatory to the
Islamic government to provide the full protection to these
categories of people and offer them suitable living
allowances. In fact, the pledge of allegiance given by General
Khalid bin al-Waleed (may Allah be pleased with him) to the
non-Muslim residents of the town called Heerah in Iraq, under
the Islamic rule, stated the following, 'Any elderly person,
disabled worker, terminally ill person or a rich person who
went bankrupt and based on that, deserve charity from the
fellow religious people, all of these categories of people are
not required to pay head-tax. Furthermore, all these
categories will become entitled for suitable allowances from
the Islamic Treasury for himself and his supported family
members'[27].
Furthermore,
the second Caliph, Omar bin al-Khattab (may Allah be pleased
with him), once passed by a an old Jew who was begging from
people. Omar (may Allah be pleased with him) asked about this
man and was informed that the man was a non-Muslim resident of
the Islamic state. Omar (may Allah be pleased with him)
immediately said, 'We have not been fair to you! We've
collected head-tax from you while you were young and capable
and neglected you at your old age!' Omar (may Allah be pleased
with him) took the old Jew to his own home and offered him
whatever he found of foodstuff and clothes. Later, Omar (may
Allah be pleased with him) called the Treasury and instructed
him saying, 'Follow up, monitor and observe the situations of
similar people. Offer them sufficient assistance that suffices
them and their family members from the Islamic Treasury. Allah
(subhanahu wa ta'ala) stated in the Glorious Qur'ân Sura
Tawbah [The Repentance] 9:60 the meaning of which is
translated as:“
Alms are for the poor and the needy”. The poor are the
Muslims and the needy are the non-Muslim residents of an
Islamic state'[28].
[23] Sahih Bukahri Hadith No.3341 and Tirmithee, Hadith
No.2862.
[24] Sahih Muslim, Hadith No.1731.
[25] A Dirham is an old Islamic coin equivalent in value
to 2.28 grams of silver. The name "Dirham", however is still
in use in some Islamic and Arab world countries, but it does
not mean or have the same value of the old coin.
[26] Balathuree, The History.
[27] Abu Yousuf, al-Kharaj, p.144.
[28] Ibid, p.126.
