Just War Theory and Practice in Islam




Islam, as we explained earlier, is a divine religion of submission to Allah and His revealed guidance for man, which seeks peace and teaches mercy. Although Islam calls for peaceful interactions with all peoples of all countries, engagement in war may become necessary at times as a final remedy. Allah has limited the application of the times to go to war to five situations. It is not called war but ìJihadî according to Islamic terminology, meaning to strive and exert oneís utmost effort to the cause of Allah. The essential difference between war and Jihad is that the objective of Jihad is to defend the Muslims and allow their right to deliver the Islamic invitation to Islam, and to spread the universal message of the Divine Word of Allah, Most Exalted and Almighty. As for war, it may be for defense against aggression, a legitimate reason within certain conditions, but in broad and general historical terms it most often is waged as an aggression and for unjust personal and national vendettas; for imperial, colonial and corporate expansion and hegemony; for the control, exploitation, plunder and theft of material and human resources; or for mere fame, glory and arrogance. Islam does not condone any of the war objectives and above purposes and considers them all illegitimate and worthy of just retribution. There are only five legitimate reasons for Jihad, as follows:




1. Defense against attack upon life, property, wealth and honor of the Muslim nation and national borders. This is based on the verse revealed in the Glorious Qur'an:
















(Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah does not love the transgressors.) (2:190)




This is also based on the tradition of the Messenger of Allah
(pbuh) who said:
ìWhoever is killed while attempting to protect his
belongings is a martyr; whoever is killed while attempting to protect himself is a martyr; whoever is killed while attempting to protect his religion is a martyr; and whoever is killed while attempting to protect his family is a martyr.î
(Tirmidhi, Abu Da`ood, NisaaíI & Ibn Majah)




2. Defense against oppression or those assisting in the oppression of the weak and defenseless. Jihad in this type has a clear obligatory humanitarian objective. Allah, Most Majestic, states in His Glorious Qurían:
(And why shouldnít you fight in the cause of Allah, and
for those who, being weak, are persecuted and oppressed? Men, women, and children, whose cry is: ëOur Lord! Rescue us from this town, whose people are oppressors, and raise for us, from Yourself, a protector, and raise for us, from Yourself, a helper!) (4:75)




This command to resist aggression and persecution is also based on the verse revealed in the Glorious Qurían: (Those who believed, immigrated, and fought for the Faith, with their property and their persons, in the cause of Allah, as well as those who gave them asylum and aid, these are all friends and protectors, one of another. As to those who believed, but did not immigrate (in the cause of Allah); you do not owe them the duty of protection




until they come into exile; but if they seek your aid in
religion, it is your duty to help them, except against a people with whom you have a treaty of mutual alliance. And remember that Allah sees all that you do.) (8:72)




3. In retaliation to the breach and violation of solemnly concluded covenants, pacts and treaties. This is based on the verse revealed in the Glorious Qurían that states:
(But if they violate their oaths after their covenant, and taunt you for your Faith, fight the chiefs of disbelief: for their oaths are nothing to them: that they will henceforth be restrained. Will you not fight people who violated their oaths, plotted to expel the Messenger, and took the aggressive by being the first to assault you? Do you fear them? Nay! It is Allah Whom you should more justly fear, if you truly believe!) (9:12-13)




4. Disciplinary actions against those Muslims who aggress and start hostilities without any just cause, and continue obstinately on the path of aggression as Allah the Almighty states:
(If two parties among the Believers fall into a quarrel, make peace between them: but if one of the parties transgresses beyond bounds against the other, then fight against the one that transgresses until it complies with the Command of Allah. If it complies, make peace between them with justice, and be just and fair: for Allah loves those who are just and fair.) (49:9)




This type of jihad proves that the purpose of jihad is always for law and justice since it is waged even against Muslim criminals.












5. For the spread of religion of Islam when peaceful
means are impossible. This type is only in the last resort after a series of peaceful contacts proves to the Muslim ruler that peaceful means have become impossible. The first step is an invitation to allow the peaceful preaching of Islam, following the practice (sunnah) of the Prophet (pbuh) when, as mentioned above, he had sent letters to the surrounding rulers inviting them to Islam. If the ruler refused this invitation, he and his people are offered the option of becoming dhimmees, that is, people of the protected non-Muslim community governed by its own religious laws but obliged to abide by the general Islamic laws to maintain law, order and security, and to pay the Jizya tax in lieu of performing military service. Only when the non-Muslims refused these conditions were their grounds for the commencement of open battle for the fact that they oppose the peaceful propagation of Islam. The Muslims are required to wage Jihad against those who not only reject Islamís universal message for mankind that Allah alone is worthy of worship and Prophet Muhammad (pbuh) is His Messenger but also stop or curtail the spread of this universal message and its propagation by peaceful means. Islam is the universal faith and religion of Allah, the Creator And Lord ñSustainer of mankind, and therefore is not for any specific people but for all men who should be able to learn about Islam and have the chance to submit to Allah willfully: acceptance of Islam and conversion is not the mission or objective that Muslims seek because guidance is only in the Hands of Allah, Most Wise and Sublime. All people must have a chance to hear about the goodness, justice, brotherhood, love, equality






and peace and all that Islam teaches. The Benevolent and
Almighty Lord of Man states in His Glorious Qurían:
(And fight them until there is no more temptation, strife or oppression, and there prevails justice and faith in Allah altogether and everywhere. But if they cease, verily, Allah sees all that they do.) (8:39)




If at any time the enemies of Islam and the Muslims cease their hostilities and aggressions and sue for or accept just terms of peace, Muslims are obliged to stop the state of war, start negotiations, and it becomes unlawful for them to pursue any course of warfare against them. Allah, the Wise and Omniscient, said:
(Except those who join a group between whom and you there is a treaty (of peace), or those who approach you with hearts restraining them from fighting you as well as fighting their own people. If Allah had willed, He could have given them power over you, and they would have fought you: therefore if they withdraw from you and do not fight you but instead send you guarantees of peace, then Allah has opened no way for you (to continue the war against them).) (4:90)




The causes of legitimate warfare are thus identified above, and other verses in this context are as follows:
Allah, the Great, said:
(They ask you concerning fighting in the Sacred Months. Say: ëFighting therein is a great (transgression) but a greater (transgression) in the sight of Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to the Holy Mosque (in Makkah), and to drive out its inhabitants and fitnah








(temptation, worship of idols, and civil strife) is worse
than killing.) (2:217)




Allah, the Great, says:
(And fight them until there is no more fitnah (disbelief and worshipping others besides Allah) and (all and every kind of) worship is for Allah. But if they cease, let there be no transgression except against the tyrants.)
(2:193)
Allah, the Exalted, says:
(Those who believe fight in the Way of Allah, and those who disbelieve fight in the Way of Taghoot (Satan, idols, tyrants). So fight you against the followers of Satan: Indeed the plot of Satan is feeble.) (4:76)




All other types of wars, as mentioned above, resulting in destruction and great loss of life and property, are banned and declared unlawful and aggression in Islam. Wars waged to arrogantly demonstrate force and supposed superiority, as with those rationalized as pre-emptive strikes, are also prohibited in Islam. As Allah, the Exalted, says:
(And be not like those who started from their homes in arrogance and insolence and to be seen of men, and to hinder men from the path of Allah: for indeed Allah encompasses around all that they do.) (8:47)




Although Islam permits fighting for the necessary reasons mentioned above, it lays down strict rules and regulations for the conduct of warfare on both the leaders and the soldiers, the ìmujahideen,î and directs all to observe the noble Islamic manners and ethics even in this most difficult of times. The Muslim fighters are permitted to target and kill only those who fight against them or assist and support other fighters in




the battlefield. As for the elderly people, minors, women, sick,
wounded, or those who isolate and seclude themselves in worship by belief in non-violence, all these categories of people who are non-combatants are not to be targeted, killed, molested or even bothered in any manner by Muslim fighters. It is prohibited to kill an enemy soldier fighting against Muslims wounded and fallen on a battlefield as well. Islam bans mutilation of the bodies and cadavers of all killed enemies. Furthermore, Islam bans the killing of the enemies' animals, and the destruction of their agriculture and dwellings and infrastructure, except in certain circumstances necessary for the immediate battle. Additionally, Islam prohibits intentional pollution of the water sources of the enemies and their wells. Islam considers all the aforementioned items as acts leading to the disruption of the society and unnecessary hardship on the common people.
Jihad in Islam is a means to allow the peaceful spread of the
Word of Allah and the message of Islam. As Allah states in His Glorious Qurían, the intention of this life for a Muslim is to seek the life of the Hereafter through good deeds:
(But seek with that which Allah has bestowed upon you, the Home of the Hereafter, and do not forget your due portion in this World. Do good as Allah has been good to you, and do not seek occasions for mischief in the land. Indeed Allah does not love those who do mischief.)
(28:77)




From among the many teachings and guidance from Allah's
Messenger (pbuh) to the mujahideen, are the following:




The Messenger of Allah (pbuh) stated that there is only one legitimate intention for jihad, when he said: