Why Are Non-Muslims Fought Under the Name of Jihad?
By Prof Dato Dr Mohd Asri bin Zainul Abidin
(Mufti of Perlis, Malaysia)
Many people have incorrect information, leading them to believe that Islam fights non-Muslims simply because they are non-Muslims. This is particularly what some anti-Islamic agencies spread to create Islamophobia. This is further complicated by the actions or statements of a few Muslims who misunderstand Islam. There are also some Muslims who are apologetic about their own religion and try to deny the concept of Jihad Qitali (Jihad involving fighting or warfare), which is indeed present in the Shariah (Islamic law).
Some Muslims quote opinions from past scholars to justify their harsh attitude towards non-Muslims. They do not read or adopt the more moderate view presented by the majority of scholars (Jumhur al-Ulama). Sometimes, they fail to understand the context of the religious texts mentioned by the early scholars. To discuss this more academically, I present the following arguments:
1. The Debate on the Reason ('Illah) for Jihad
The scholars of Usul al-Fiqh (principles of Islamic jurisprudence) sought to determine the 'Illah (reason or effective cause) for the legislation of Jihad.
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Scholars from the Shafi'i and Zahiri schools of thought held that the 'Illah is their disbelief (kufr). This means they are fought because they disbelieve or reject Islam.
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However, this view is considered weak and cannot be upheld both conceptually and practically.
2. Evidence Against Disbelief (Kufr) as the Sole Cause
One of the proofs of the weakness of the previous view is the list of non-Muslims who must not be killed during warfare, as mentioned in authentic religious texts, such as women and children.
- This is stated in the Hadith (Prophetic tradition) narrated by Ibn 'Umar -may Allah be pleased with him- who said:
وجِدَتِ امْرَأَةٌ مَقْتُولَةً فِي بَعْضِ مَغَازِي رَسُولِ اللَّهِ صلى الله عليه وسلم فَنَهَى رَسُولُ اللَّهِ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ عَنْ قَتْلِ النِّسَاءِ وَالصِّبْيَانِ
Translation: "A woman was found killed in one of the battles (accompanied by the Prophet, peace be upon him), so the Messenger of Allah, peace be upon him, forbade the killing of women and children." (Narrated by al-Bukhari and Muslim)
Ibn Rushd (d. 595H/1198 CE) stated: "There is no disagreement among scholars that it is not permissible to kill children and women (in jihad), as long as they are not involved in fighting. If a woman joins the fight, then she may be killed. This is all based on the Prophet's clear prohibition of killing women and children." (Ibn Rusyd, Bidayah al-Mujtahid 1/280)
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Similarly, worshippers engaged in devotion in their places of worship are protected, based on the narration of Ibn 'Abbas, who said: When the Messenger of Allah, peace be upon him, dispatched a military force, he said:
اخْرُجُوا بِسْمِ اللَّهِ تُقَاتِلُونَ فِي سَبِيلِ اللَّهِ مَنْ كَفَرَ بِاللَّهِ لَا تَغْدِرُوا وَلَا تَغُلُّوا وَلَا تُمَثِّلُوا وَلَا تَقْتُلُوا الْوِلْدَانَ وَلَا أَصْحَابَ الصَّوَامِعِ
Translation: "Go forth (to Jihad) in the Name of Allah. Fight in the cause of Allah those who disbelieve in Allah. Do not violate agreements, do not commit fraud with spoils of war, do not mutilate the dead, do not kill children, and do not kill the people of the monasteries." (Narrated by Ahmad. Classified as Hasan [good])
Al-Shawkani (d. 1250H/1834 CE) commented: "In this Hadith is evidence that it is not permissible to kill any of the disbelievers who are only engaged in worship, like priests, because they do not harm the Muslims." (Al-Shawkani, Nayl al-Awtar, 8/74)
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Also protected are workers and farmers who are not directly involved in the fighting, as in the Hadith of Hanzalah al-Katib, who said:
كُنَّا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي غَزْوَةٍ فَرَأَى النَّاسَ مُجْتَمِعِينَ عَلَى شَيْءٍ فَبَعَثَ رَجُلًا فَقَالَ انْظُرْ عَلَامَ اجْتَمَعَ هَؤُلَاءِ فَجَاءَ فَقَالَ عَلَى امْرَأَةٍ قَتِيلٍ فَقَالَ مَا كَانَتْ هَذِهِ لِتُقَاتِلَ قَالَ وَعَلَى الْمُقَدِّمَةِ خَالِدُ بْنُ الْوَلِيدِ فَبَعَثَ رَجُلًا فَقَالَ قُلْ لِخَالِدٍ لَا يَقْتُلَنَّ امْرَأَةً وَلَا عَسِيفًا
Translation: "We were with the Messenger of Allah, peace be upon him, on a military campaign, and he saw people gathered around something, so he sent a man and said: 'Look at what these people are gathered around.' The man returned and said: 'Around a slain woman.' He said: 'This woman was not one to fight.' The narrator said: Khalid ibn al-Walid was in charge of the vanguard, so (the Prophet) sent a man and said: 'Tell Khalid: Do not kill a woman or an 'asif (hired worker/laborer)." (This Hadith is authentic (Sahih). Narrated by Abu Dawud, Ibn Majah, and Ahmad.)
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Furthermore, diplomatic representatives are protected, based on the Hadith of Abdullah ibn Mas'ud, who said: Ibn al-Nawwahah {ابن النواحة}$) and Ibn Uthal {ابن أثال} came to the Prophet, peace be upon him, as representatives of Musaylimah (al-Khazzab). The Prophet asked:
أَتَشْهَدَانِ أَنِّي رَسُولُ اللَّهِ قَالَا نَشْهَدُ أَنَّ مُسَيْلِمَةَ رَسُولُ اللَّهِ فَقَالَ النَّبِيُّ صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ آمَنْتُ بِاللَّهِ وَرُسُلِهِ لَوْ كُنْتُ قَاتِلًا رَسُولًا لَقَتَلْتُكُمَا قَالَ عَبْدُ اللَّهِ قَالَ فَمَضَتِ السُّنَّةُ أَنَّ الرُّسُلَ لَا تُقْتَلُ
Translation: "Do you both testify that I am the Messenger of Allah?" They said: "We testify that Musaylimah is the messenger of Allah." The Prophet, peace be upon him, said: "I believe in Allah and His Messengers. If I were to kill messengers, I would kill both of you." Abdullah ibn Mas'ud said: "Thus, the practice (Sunnah) was established that messengers are not to be killed." (This Hadith is Hasan [good].)
All these categories show that mere disbelief or lack of faith does not qualify someone to be killed. Islam still safeguards their lives. If disbelief were the 'Illah (effective cause) for fighting them, then these groups would certainly also be fought.
3. The Majority View on the Cause of Warfare
Therefore, the Jumhur (majority) of scholars holds that the true 'Illah (cause) for fighting is al-Hirabah, which means waging active hostility or aggression against the lives and property of Muslims.
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Consequently, non-Muslim groups who do not launch warfare or hostility against Muslims are not to be fought or killed.
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If disbelief were the reason, all non-Muslims should logically be fought. It is clear that this is not the primary reason. Instead, the cause of war is evident aggression. This is the prevailing view in Islam.
Among the evidence put forward by the majority of scholars are the following verses from the Qur'an:
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Allah says in Surah al-Baqarah, verse 190:
وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ
Meaning: "And fight in the cause of Allah those who fight you, but do not transgress. Indeed, Allah does not like transgressors."
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Also, Allah says in Surah al-Tawbah, verse 13:
أَلَا تُقَاتِلُونَ قَوْمًا نَكَثُوا أَيْمَانَهُمْ وَهَمُّوا بِإِخْرَاجِ الرَّسُولِ وَهُمْ بَدَءُوكُمْ أَوَّلَ مَرَّةٍ أَتَخْشَوْنَهُمْ فَاللَّهُ أَحَقُّ أَنْ تَخْشَوْهُ إِنْ كُنتُمْ مُؤْمِنِينَ
Meaning: "Will you not fight a people who have broken their oaths and intended to expel the Messenger, and they assaulted you first? Do you fear them? But Allah is more deserving that you should fear Him, if you are believers."
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And verse 36 of Surah al-Tawbah:
وَقَاتِلُوا الْمُشْرِكِينَ كَافَّةً كَمَا يُقَاتِلُونَكُمْ كَافَّةً
Meaning: "And fight the polytheists (Mushrikin) all together as they fight you all together."
4. Clarity of the Verses
All the verses above clearly indicate that the fighting launched against them is based on their wrong actions and aggression, not merely on disbelief. These verses contradict the opinion of the Shafi'i and Zahiri scholars mentioned earlier.
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Furthermore, in Surah al-Mumtahanah, verses 8-9, Allah states very clearly:
لا يَنْهَاكُمْ اللَّهُ عَنْ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ(8)إِنَّمَا يَنْهَاكُمْ اللَّهُ عَنْ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُمْ مِنْ دِيَارِكُمْ وَظَاهَرُوا عَلَى إِخْرَاجِكُمْ أَنْ تَوَلَّوْهُمْ وَمَنْ يَتَوَلَّهُمْ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ
Meaning: "Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes — from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly. (8) Allah only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion — [forbids] that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers." (9)
After presenting the various opinions regarding the verses above, Imam al-Tabari (d. 310H/923 CE) stated: "The soundest opinion is that this verse means that Allah does not forbid you from being righteous and just toward anyone who has not fought you, regardless of their religious affiliation. This is because Allah mentions it generally with His words, 'those who do not fight you because of religion and do not expel you from your homes,' which encompasses anyone who fits this description." (Al-Tabari, Jami' al-Bayan 'an Ta'wil Aiy al-Quran 28/66)
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Also, consider the words of Allah in Surah al-Tawbah, verses 6-7:
وَإِنْ أَحَدٌ مِنْ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ حَتَّى يَسْمَعَ كَلَامَ اللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ ذَلِكَ بِأَنَّهُمْ قَوْمٌ لَا يَعْلَمُونَ(6)كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ عِنْدَ اللَّهِ وَعِنْدَ رَسُولِهِ إِلَّا الَّذِينَ عَاهَدْتُمْ عِنْدَ الْمَسْجِدِ الْحَرَامِ فَمَا اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ
Meaning: "And if any one of the polytheists (Mushrikin) seeks your protection, then grant him protection so that he may hear the words of Allah (about the reality of Islam). Then deliver him to his place of safety. That is because they are a people who do not know. (6) How can there be for the polytheists a treaty of alliance with Allah and with His Messenger, except for those with whom you made a treaty near the Sacred Mosque? So as long as they remain upright with you, remain upright with them. Indeed, Allah loves the righteous." (7)
5. Scholarly Conclusion on the Cause of Warfare
Dr. Said Ramadan al-Buti, in his book al-Jihad fi al-Islam, commented on the verse above: "From these two verses, we clearly understand that they contradict what was understood by the Shafi'i and Zahiri scholars. From here, we can present them (those scholars) with questions that they would be unable to answer, namely: If the 'Illah (cause) of Jihad or war is disbelief (kufr), while Allah commands us to protect the polytheists during their stay with us, hoping they will hear the verses of Allah and believe in Him, and then we are commanded to deliver them to a safe place if they wish to leave without believing... if disbelief is the reason that leads us to kill them, how is it possible for us to assist them with this kind of protection, when they are polytheists? If disbelief necessitates war, how is it possible for us to deal with a group that Allah has commanded us to fight in such a way? It is clear that the reason (we are permitted to deal kindly with them) is because they have not shown hostility and are inclined toward peace." (Sa'id Ramadhan al-Buti, al-Jihad fi al-Islam, p. 99)
6. Modern Scholarly Advisory
Dr. Yusuf al-Qaradawi, in his book Fiqh al-Jihad, urges today's Shafi'i scholars to explain to the public that the opinion of Imam al-Shafi'i on this matter is weak and rejected. This is to prevent it from being misused by certain parties for terrorist purposes.
7. Final Clarity
This makes it clear to us that the position held by the majority of Islamic scholars (Jumhur al-Ulama) is that non-Muslims are not fought solely because they do not believe or are disbelievers. Islam is not a religion of compulsion.
Warfare only occurs when they exhibit an intention to launch or have already launched active hostility or aggression. The opinion that the cause of war is their disbelief is a weak opinion. If that opinion were implemented, how could non-Muslims live peacefully in a Muslim society, which has been the practice of this community since the time of the Prophet, peace be upon him? In fact, this tolerance shown by Islam is honorably recorded in many historical accounts.
