باب 11: THE LAW OF JIHĀD

Peace and liberty are fundamental pillars of human civilization. While individual acts of rebellion are addressed through correction and punishment, when entire nations become rebellious, it is widely recognized that there may be no option but to take up arms against them.

As long as guidance and counsel remain effective, resorting to force is neither necessary nor justifiable. However, when a nation’s defiance escalates to the point where they cannot be redirected toward the right path through advice and persuasion, it becomes a collective responsibility to take action. In such cases, the use of force is warranted to restore a state of peace and freedom in the world.

The Qurʾān emphasizes that had this permission not been granted, the rebellion of nations would have escalated to such an extent that it would have led to the complete destruction of civilization. Places of worship—where the name of God, the Lord of the Worlds, is invoked, and worship is carried out day and night—would have been reduced to ruins, abandoned, left to gather dust.

In Islamic law, Jihād¹ is undertaken with this specific and noble purpose. It is not waged to satisfy personal desires, acquire wealth, expand territories, establish governance, gain fame, or achieve glory. Nor is it driven by pride, tribalism, enmity, or any other form of self-interest. This form of Jihād is entirely free from human selfishness or personal motives. It is a divine undertaking—a battle fought for God, by His servants, under His command, and in accordance with His guidance. Those who participate in this effort do so as instruments of God’s will, serving solely to fulfill His objectives. They have no personal agenda or interests in this endeavor and cannot deviate from their assigned role in any way.

This law states:

1. The Command of Jihād

The command of Jihād and combat in Islam was given to Muslims as a community, not as individuals. In the Qurʾānic verses revealed on this subject, Muslims are not addressed in their individual capacity at all. Similar to the implementation of the Islamic Penal System (Ḥudūd and Taʿzīrāt), these instructions are directed at the community as a whole. Consequently, the authority to take action in matters of Jihād rests solely with the collective body. No individual or group within the community has the right to independently make decisions or act on their behalf in this regard.

2. The Purpose of Jihād

In the Qurʾān, the command of Jihād was primarily issued to eliminate Fitna, which refers to forcing individuals to renounce their faith through oppression or coercion. In English, this is commonly described as ‘persecution.’ Ad-ditionally, other forms of aggression—whether against life, property, freedom of thought, or expression—are also in-cluded within this broader concept. Hence, it can be un-dertaken against all forms of oppression and aggression.

3. The Obligation of Jihād

Jihād does not become obligatory for Muslims until their military strength reaches a certain threshold against the enemy. Therefore, it is essential that to fulfill the respon-sibility of Jihād and combat, they not only maintain their moral integrity but also enhance their military capabilities to the level that the Qurʾān commanded the Muslims at the time of the Prophet, establishing a ratio of one to two between the Muslims and their adversaries, taking into ac-count the circumstances of that era.

4. Participation in Jihād

Failing to participate actively in Jihād is considered a crime only when a Muslim refrains from joining despite a gener-al call to arms. In such a situation, this neglect becomes a grave sin, comparable to hypocrisy. Outside of this context, however, Jihād is regarded as a virtue that every individual should strive to achieve. It is a commendable act, but not an obligatory duty whose neglect would make one culpable.

5. Fleeing from Jihād

Showing cowardice and fleeing from the battlefield after engaging in Jihād and combat is forbidden. A person of faith should never commit such an act. It is a crime of los-ing trust in God’s support, prioritizing the worldly life over the hereafter, and considering one’s life and death are de-termined solely by personal strategy, which cannot be rec-onciled with faith.

6. Moral Boundaries

Jihād cannot be conducted disregarding moral constraints. Morality is paramount in all conditions and over every-thing, and even on the occasion of war, God has not per-mitted anyone to deviate from moral principles. The most important guidance mentioned in the Qurʾān under this command is the observance of treaties.

Betrayal and breaking of treaties are considered the worst of sins by God. Hence, even if a treaty-bound nation op-presses Muslims, it is not permissible to aid them by vio-lating the treaty. Likewise, action against those who wish to remain neutral during war is not allowed.

When engaging in Jihād, a believer must also refrain from arrogance or any display of ostentation. Demonstrations of grandeur or extravagance are unbecoming of a person of faith. In both moments of struggle and celebration, humil-ity and the modesty of servitude should always be promi-nent.

7. Divine Support

Muslims fight these battles relying on God, but the Qurʾān has made it clear that patience and perseverance are the primary means of obtaining God’s support. A group of Muslims does not become entitled to divine support until they develop this quality within themselves.

8. Prisoners of War

Muslims can either release prisoners of war or take ransom from them, but the Qurʾān has forever closed the door on killing them or keeping them as slaves and concubines.

9. Spoils of War

The spoils of war are primarily designated for collective benefit. God has not granted the warriors in God’s cause (Mujāhidīn) an absolute or permanent right over them, nor is the Muslim government obligated to distribute them in every situation. Rather, it is given the discretion to manage and allocate these spoils in a way that best serves the pre-vailing circumstances and the broader needs of society and civilization.