The Doctrine of Jihad An Introduction-Noor Mohammad PDF

The Doctrine of Jihad: An Introduction
Author(s): Noor Mohammad

Source: Journal of Law and Religion, Vol. 3, No. 2 (1985), pp. 381-397
Published by: Cambridge University Press
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THE DOCTRINE OF JIHAD: AN INTRODUCTION
Noor Mohammad*
There is a great deal of confusion in the West regarding the

meaning of Jihad and the role it is playing in shaping the Muslim
world. Indeed, it has acquired a pejorative connotation in the minds
of many Westerners. The purpose of this discussion is to present an
accurate understanding of the concept of Jihad.
Islam emerged in the seventh century in Arabia. It grew rapidly
and in less than a hundred years established the early Islamic state-
an empire stretching from Spain across North Africa, and from the
Middle East to the borders of China. It was a state greater in size
than the Roman Empire at its zenith.1
The historical importance assigned to Islam has been controver-
sially assessed. Some have denied that it is a significant world force,
others have "grudgingly" recognized its importance while others have
seen it as a pivotal event in world history.2 We take this latter view:
Islam should be recognized as a major force of revolutionary change
in the world order. Harold Berman, a contemporary commentator on
law and revolution in the west, gives a list of six revolutions which
changed the Western world. He provides a helpful list of patterns
which emerged from those revolutions which he identifies as funda-
mental change, rapid change, violent change, lasting change, and
change in the whole social system.3 Each revolution sought a legiti-
macy in fundamental law, a remote past, and an apocalyptic future.
Each took more than one generation to establish its roots. Each even-
tually produced a new system of law which embodied some of the
major purposes of the revolution and which changed the Western
legal tradition, without destroying it. The appearance of Islam in the
seventh century meets these criteria. Using Berman's framwork Is-
lam can be viewed as truly revolutionary.
* Professor of Law, University of Baltimore School of Law, Baltimore, Maryland.

1. Readers unfamiliar with Islam would find useful a chapter by the author An Introduc-
tion to Islamic Law, V MODERN LEGAL SYSTEMS CYCLOPEDIA 681-92 (Redden ed. 1985).
See also J. L. ESPOSITO, ISLAM & POLITICS 10 (1984). See W. M. WATT, THE MAJESTY
THAT WAS ISLAM (1984).
2. F. M. DONNER, THE EARLY ISLAMIC CONQUESTS 1-7 (1981).
3. H. J. BERMAN, LAW & REVOLUTION 18-19 (1983). His six revolutions are: 1) Rus-
sian Revolution, 2) French Revolution, 3) American Revolution, 4) English Revolution, 5)
Protestant Reformation, and 6) Papal Revolution of 1075-1122.
381
382 JOURNAL OF LAW & RELIGION [Vol. 3
THE CONTEXT FOR UNDERSTANDING JIHAD
Before we examine the concept of Jihad, we want to look briefly

at Islam and certain of its fundamental beliefs. Islam which identifies
Abraham, Moses, and Jesus as Islamic figures because of their mono-
theistic teachings, was completed in the seventh century by the
Prophet Muhammad.4 During this period, Mecca, which was to be-
come the holy city of Islam, was a trade center and place of pilgrim-
age. The religious importance of Mecca was due to the Kaaba
landmark place of worship set up by the Prophet Abraham-the
bearer of monotheism. In the long period that followed Abraham,
monotheism was supplanted by paganism and idol worship-a period
known as the dark age (Jahiliyya) in the history of Mecca as well as
Arabia. Muhammad grew up against this backdrop.
At age forty, Muhammad announced his divinely revealed mis-
sion as the Prophet.5 The divine revelation which he received di-
rected him to exhort his people against paganism, idol worship, and
other social ills. They were recorded, preserved, and today constitute
the Islamic scripture-the Quran. (The Quran includes previous rev-
elations received by earlier prophets as well as this final religious reve-
lation of Allah to Muhammad.) Muhammad's ministry lasted
twenty-three years, during which time he founded a religion, a nation,
and a state.
Islam teaches belief in one Transcendent God (Allah), Resurrec-

tion, and the last Judgment.6 In the scheme of things, under which
God (Allah) created this world and all life within it, human beings
were required to live a life of righteousness as preparation for the next
world and accountability on the day of last judgment.7 It is in the
4. The name Muhammad is also spelled in Anglicized form as Mohammad, Mohammed,

Mehemet, or Mohamad, etc.
5. According to biographers, Muhammad would retire for meditation during the months
of Ramadan in the nearby hill known as the Mountain of Light. In the fifth year of retreat an
angel came and announced to him that God (Allah) had chosen him as God's Messenger to all
humanity. See M. H. HAYKAL, LIFE OF MUHAMMAD (1976); M. LINGS, MOHAMMAD, HIS
LIFE BASED ON THE EARLIEST SOURCES (1983); M. HAMIDULLAH, INTRODUCTION TO IS-
LAM (1977).
6. M. HAMIDULLAH, supra note 5, at 9.
7. M. ASSAD, ISLAM AT THE CROSSROADS 19-20 (1982). He explains this point with
clarity by citing from the Quran, "I have not created the invisible being and mankind to any
end other than that they may (know and) worship me" (Surah 51:56).
Thus, the conception of "worship" in Islam is not restricted to the purely devotional
practices, for example, prayers or fasting, but extends over the whole of man's practical life as
well. If the object of our life as a whole is to be the worship of God, we must necessarily
regard this life, in the totality of all its aspects, as one complex moral responsibility. Thus, all
our actions, even the seemingly trivial ones must be performed as acts of worship; that is,
381] JIHAD 383
mediating of the life of this world for the other world that Islam sees
itself departing radically from Christianity for Islam believes that the
mediator is righteousness as spelled out in the Quran, and hence the
mediator is the Quran itself. (The place of the Quran in Islam is
roughly parallel to the role of Christ in orthodox Christianity.) In its
theology the Quran rejects the anthropomorphic concept of God and
places Muhammad in the role of a Messenger of God along with such
figures as Jesus, Moses, and Abraham.
To become a Muslim one must affirm the Shahada (testimonial)
"La-Illah-il lallah-Mohammad ur-Rasul-Allah" ("there is no god but
God (Allah) and Muhammad is the Prophet"). The Islamic concept
of God (Allah) is critical and central to Islamic faith. Islam believes
in the absolute Oneness or Unity of God (Allah). God (Allah) is
Transcendent, Omnipresent, and Omnipotent.
The concept of Tawhid or the Unity of God (Allah) needs to be
explained here. The Unity or Oneness of God (Allah) carries with it
the idea that God is without an associate. Islam condemns as the
gravest of errors associating a creature with God (Allah) (shirk). T
reason for this is that no living being should claim to embody the
moral law or in any way claim to be divine.8 Another far reaching
result flows from the concept of the unity of God. This belief fr
people from all superstitions and directs them to fear none except o
power; i.e. God (Allah), the Creator of all, and to be ultimately an-
swerable to Him only. Tawhid bestows upon the individual indepen
dence from all other trappings of authority and compels a revo
against all humiliating forces of fear and greed.9
The Quran tells us that God sent a revelation to the Prophet t
carry God's message to the people.10 These revelations continu
through the life of the Prophet, and exhorted him to action. T
Quran spells out general principles of humanitarianism, egalitarian
ism, social justice, economic justice, righteousness, and solidarity,
necessary to well-being in this world and well-being in the hereafter."1
The Quran is not a law book in the narrow sense of that term. It do
performed consciously as constituting a part of God's universal plan. For the person of av
age capability this is a distant ideal; but nevertheless one to be sought.
8. F. RAHMAN, ISLAM 33 (1979).
9. A. SHARIATI, ON SOCIOLOGY OF ISLAM 82-87 (1979). A compilation of lectures b
contemporary Shiite revolutionary thinker who is held in high esteem by both Sunni and Shii
alike.
10. THE HOLY QURAN, S-LXXIiI, 5-11.

11. F. RAHMAN, supra note 8, at 25.
lay down legal and ethical principles which govern Muslim l

Prophet succeeded in his own lifetime in creating the city
Medina which he ran in accordance with the principles of th
After Muhammad, the Quranic principles were followed an
by his successors, the first four Caliphs, who are described
rightly guided." What distinguishes this era for the Muslim
belief that in this period Islam was practiced in its pristin
The principles and the practices followed by Muslims in th
known as the Sharia.
The term Sharia means the "highway to good life"'3; i.e., reli-
gious values, expressed functionally and in concrete terms. The
sources of the Sharia ranked in order are 1) the Quran and 2) Sunna;
i.e., the practices of the Prophet 3) Qiyas; i.e., analogical reasoning
and 4) Ijma; i.e., consensus of Islamic community on a point of law.
According to Sharia, the sovereignty resides in God (Allah), thus the
organs of the state have to act within the limits of the divine law, i.e.,
Sharia. This sovereignty is recognized by incorporation of Sharia in
an Islamic community or state. In this sense Sharia is the constitu-
tional law of a Muslim society. In the Western world such sover-
eignty is often attributed to the members of the community or to the
state itself.
Based on these underlying concepts, Islam created a new spiritu-
ally inspired legal order which replaced the existing order. These defi-
nitions and beliefs form the background for the discussion of Jihad.
DOCTRINE OF JIHAD-EARLY DEVELOPMENT
Jihad is frequently confused with the current Western concep

secular war. It is an erroneous identification, for under Islamic
trine secular war (Harb) is morally unacceptable.14 Early Mu
thinkers equated such war with forms of social sickness. The Mu
scholar Ibn-Khaldun (A.D. 1332-1406) observed that wars had
isted from the beginning of human society and were rooted in hu
ity's vengeful nature. Hence, Muslim scholars regarded secular w
as an evil which violated the divine laws and should be condemned.
Islam permits only Jihad and not Harb (secular war).
The Islamic concept of the unity of God was taught by the
Prophet against the backdrop of the polytheistic, pagan society of
12. ESPOSITO, supra note 1, at 17.
13. F. RAHMAN, supra note 8, at 100.
14. M. KHADDURI, WAR & PEACE IN ISLAM 69-71 (1955). This book deals broadly with
the subject of Jihad.
381] JIHAD 385
Mecca. This helps explain the word Jihad. Jihad means struggle o
exertion of one's power in Allah's path15 against that which is evil;
goal is to destroy evil, to spread belief in Allah and to make His wo
supreme in this world. During his years in Mecca the Prophet's pol
ical power was not strong, yet he was exhorted to propagate
message of Islam against the prevalent idolatry and paganism. In th
period obviously Jihad meant only the propagation of Islam.
verses of the Quran dealing with Jihad in this period state:
And strive in His cause
As ye ought to strive
(with sincerity and under discipline)
(Sura XXII, 78)
Yusuf Ali, in his widely respected commentary on the Quran,

says that these words dealing with Jihad are perfectly general and
apply to all true and unselfish striving for spiritual good.16
Another verse gives a similar meaning to the term Jihad:
Therefore listen not

To the Unbelievers, but strive
Against them with the utmost
strenuousness with the Quran
Sura XXV, 52
A verse in Sura IX, 20 to 22 deal with the subject in a particular

context:
Those who believe, and suffer

Exile and strive with might
And main, in God's cause with their goods
and their persons
Have the highest rank in
the sight of God
They are the people
Who will achieve salvation
Yusuf Ali describes this verse as a good description of Jihad.

15. M. ASSAD, THE PRINCIPLES OF STATE AND GOVERNMENT IN ISLAM 70 (1980).
16. Y. ALI, THE HOLY QURAN, note 2861 (1977).
According to him it "may require fighting in God's cause,

of self-sacrifice.'7 But its essence consists in a true and since
which so fixes its gaze on God, that all selfish and worldly
seem paltry and fade away, and an earnest and ceaseless act
volving the sacrifice (if need be) of life, person, or proper
service of God, is manifest. Mere brutal fighting is oppose
whole spirit of Jihad, while the sincere scholar's pen or pr
voice or wealthy man's contribution may be the most valuabl
Jihad."
The verses dealing with fighting or war known as Jihad need to

be mentioned here.18
Fight in the cause of God

Those who fight you,
But do not transgress limits;
For God loveth not transgressors.
And slay them
Wherever ye catch them
And turn them out
From where they have
Turned you out;
For tumult and oppression
Are worse than slaughter;
But fight them not at the Sacred Mosque,
Unless they (first)
Fight you there;
But if they fight you,
Slay them.
Such is reward
Of those who suppress faith.

But if they cease,
God is oft-forgiving,
Most Merciful.
And fight them on

Until there is no more
17. Id. at note 1270.

18. THE HOLY QURAN S-XI, 191-195.
381] JIHAD 387
tumult or oppression,
And there prevail
Justice and faith in God;
But if they cease,
Let there be no hostility
Except to those
Who practice oppression.
The prohibited month
For the prohibited month,
And so for all things prohibited
There is the law of equality.
If then any one transgresses
The prohibition against you,
Transgress ye likewise
Against him.
But fear God, and know
That God is with those
Who restrain themselves.
And spend of your substance

In the cause of God,
And make not your own hands
Contribute to (your) destruction;
But do good;
For God loveth those
Who do good.
This verse belongs to the Medina period. By this time Muslims

had become a political community through their development of the
city state of Medina under Muhammad, their leader (Imam). Their
concern in this period was primarily with their right to practice their
faith without persecution from the pagans of Mecca. The verse tells
the Muslims that forcible prevention of religious practice amounts to
declaration of war on Islam and exhorts Muslims to meet the chal-
lenge with valor. Yusuf Ali explains the verse by pointing out that
though it may be said that Islam is the religion of peace, goodwill,
mutual understanding, and good faith, it will not acquiesce in wrong-
doing. Its men will hold their lives cheap in defense of honor, justice,
and the religion they hold sacred. The Islamic ideal, as Yusuf Ali
explains, is that of heroic virtue combined with unselfish g

and tenderness as exemplified in the life of Muhammad. Mu
lieve in courage, obedience, discipline, duty, and a constant
by all the means in their power for the establishment of t
righteousness. They know that war is an evil, but they will
it if their honor demands it and a righteous Imam comman
other cases war may have nothing to do with their faith, except
will always be regulated by Islam's humane precepts.19
Yet, another verse directed against the pagan polyth
Mecca calls for Jihad against them.
(Sura XXI, 39 & 40)

To those against whom
War is made, permission
Is given (to fight), because
They are wronged; - and verily,
God is Most Powerful
For their aid;-
(They are) those who have
Been expelled from their homes
In defiance of right,-
(For no cause) except
That they say, "Our Lord
Is God," Did not God
Check one set of people
By means of another,
There would surely have been
Pulled down monasteries, churches
Synagogues, and mosques, in which
The name of God is commemorated.
Asad, another distinguished authority, points out that these tw

verses on Jihad attest to the fundamental principles of self defen
against aggression and make war morally justifiable.20 This defense
political and spiritual freedom is enjoined upon Muslims and must
accorded to Jews and Christians who fall under Muslim polity.
The Quran in numerous verses circumscribes Jihad by permit-
19. Y. ALI, supra note 16, footnote 205.

20. M. ASSAD, supra note 15, at 71.
381] JIHAD 389
ting war only against pagans or polytheists whose faith and practices
are directly in conflict with the messages of Allah given through
Muhammad.
In addition to the Quran, the subject of Jihad is covered in detai
in the Hadith. The term Hadith means a narration or a report whic
tells what the Prophet said, did, and approved or disapproved.
Hadith, therefore, is a main source of Sunna; i.e., the tradition or
practices laid down by the Prophet.21 One such collection of Hadith
that of Imam Bukhari, treats various aspects of Jihad.22
We may now look at the main theme of Jihad. The term as seen
above means exertion or struggle. But this struggle or exertion is no
limited to the battlefield. Muslim jurists have spelled out four ways t
perform the Jihad obligation. These are: 1) by heart, 2) by tongue, 3
by the mind, and 4) by the sword.23
The first deals with the devil in oneself. The Prophet Muham-
mad regarded this obligation of Jihad as the greatest for it require
one's self-control or restraint. The second and third obligations dea
with supporting right and correcting wrong. The fourth obligation
equivalent to war and is most concerned with fighting pagans an
polytheists, war waged in the way of God (Allah).24
It must be stated that in the classical sense the concept of Jihad
was inapplicable with full force against the people of the Book o
Scriptures (Ahl-al-Kitab).25 This group comprised Jews, Christians,
and Sabians who believed in (God) Allah. But this group accordin
to the Quranic revelation followed a distorted message, and was
therefore, subject to a moderated form of Jihad, although unlike th
degree of intensity applied to polytheists. Polytheists were invited t
embrace Islam or challenged to fight. But the people of the Book o
the other hand were invited to embrace Islam or pay the Jazia (pol
tax) in order to remain members under Muslim polity and freely pra
tice their faith.26 The poll tax option developed gradually after the
celebrated Charter of Medina, under which Jews were accorded rel
21. As previously stated, Sunna is a component of Sharia, the Law of Muslim society.
22. 4 SAHIH-AL-BUKHARI 34-204. There are other collections of Hadith by distinguished
Imams, chief among them being Muslim. See also I. TAYMIA, PUBLIC DUTIES IN ISLAM 7
133 (1982).
23. M. KHADDURI, supra note 14, at 56-57, See generally J. WILLIAMS, THEMES OF IS-
LAMIC CIVILIZATION 278-82 (1971); I. TAYMIA, supra note 22, at 78-79. See also M. ASSAD,
supra note 15, at 70-71 and M. KHADDURI, supra note 14, at 56-57.
24. I. ASSAD, supra note 15, at 72.
25. M. KHADDURI, supra note 14, at 80.
26. A. AZZAM, THE ETERNAL MESSAGE OF MUHAMMAD 136-40 (1964); M. KHADDURI,
THE ISLAMIC CONCEPTION OF JUSTICE 162-63 (1984) [hereinafter cited as JUSTICE]. See also
gious autonomy.27 The alliance did not last, however.

Jihad is categorized as a collective28 as opposed to individual
duty. It raises the question as to who declares the Call of Jihad, i.e.,
the public or the government. In its classical interpretation it was left
to the Imam or Caliph who was the head of Muslim polity to declare
Jihad.29
Jihad under Islam is also a religious act and hence subject to the
rules spelled out by the Prophet and his successor Caliphs. The
Prophet upon appointing a commander over an army would instruct
him to fear God (Allah) in relationship to himself and the treatment
of the soldiers. Then he would say: "Fight in the name of God (Al-
lah) and in the path of God (Allah); do not cheat, do not break trust,
do not mutilate, do not kill minors."30 Abu Bakr,31 the successor of
the Prophets and Umar,32 the second Caliph, gave similar messages to
the men who were undertaking a mission.
After the Prophet, Abu Bakr became the first Caliph and head of
the Islamic State. He soon faced tribal uprisings in violation of the
M. HAMIDULLAH, ISLAMIC CONDUCT OF STATE 111-18; and S. MAUDOODI, THE ISI AMIC
LAW & CONSTITUTION 255-79 (1969).
Acceptance by the People of the Book to remain in Muslim polity placed them in the
category known as Dhimmis. The term originates from Dhimmat Allah (God's custody). In
today's context of constitutional government the term Dhimmis may have a ring of second
class citizenship but if we turn the clock back and look at the concept, we will find that
Dhimmi was given both legal and political protection. The relations between Muslim and non-
Muslim communities were regulated by the special agreement between the parties under which
the non-Muslims were permitted to worship and be governed by their own religious laws and
leaders and were protected by the State both from internal and external attack.
Because of the Dhimmas' special status, they were exempt from the obligations of Jihad
and also from the payment of Zahat (poor tax), both of which were applied to Muslims. In a
sense Jizia (poll tax) was in lieu of obligations of Zakat (poor tax) and Jihad which Muslims
had to bear. There is a belief among some scholars that the exemption from Zakat (poor tax)
and also from Islamic Law against usury together worked to the advantage of Dhimmis and
kept their comparative tax burden lighter than that of Muslims. Despite the historical virtues
of the concept of Dhimmi, it is believed that in a modern Muslim polity the concept will
disappear and all citizens will be equal to each other in view of the basic concept of human
equality regardless of color or sex.
27. RAHMAN, supra note 8, at 26-28. The author gives an admirable treatment of Jews
and Christians and Quranic references about both these religions; see also J. WILLIAMS, supra
note 23, at 301-02 (1979). See generally on Jewish and Muslim relations, B. AHMAD,
MUHAMMAD & THE JEWS: A RE-EXAMINATION (1979); M. RODINSON, MOHAMMAD (1974).
28. M. HAMIDULLAH, MUSLIM CONDUCT OF STATE 162 (1953). This is a treatise of
Muslim public international law, consisting of the laws of peace, war, and neutrality, together
with precedents from orthodox practice. See also JUSTICE, supra note 26, at 164-65.
30. M. HAMIDULLAH, supra note 28, at 299. See also M. Khadduri, supra note 14, at
103-08.
32. Id. at 302.
381] JIHAD 391
pact the tribes had entered into with the Prophet. The uprising in
some cases was political and in others religious. Abu Bakr launched
what is known as riddah (apostacy) war.33 Apostacy in Islamic polit
is analogous to treason because the society is based on the religious
ideals of the Quran. Anyone renouncing the faith while remaining
within the Islamic polity is equivalent to one who is a traitor. Thu
the concept of Jihad was expanded to include fighting against apos
tacy.34 In addition, the doctrine was also applied to suppress the r
bellion by Muslims against the ruling Imam. Thus, the principle of
Jihad besides its original meaning now included two additional idea
i.e., 1) Jihad against Apostacy and 2) Jihad against rebellion by Mu
lims against the ruling Imam.
According to the Sunni interpretation of Islam the Prophet died
without defining a process of succession or naming a successor.35 Th
first Caliph Abu Bakr (632-634), however, was elected by the Com-
munity of Muslims. He, in turn, designated Umar to succeed him
Caliph Umar (634-644), set up an "electoral committee" to select his
successor. He was succeeded by Uttman (644-656), through a proces
of consultation. He was followed by Ali (655-661). Ali's period w
marred by internal strife and revolt by Muawiyah, the governor o
Syria. It ended when Ali was assassinated by a rebel, leavin
Muawiyah to take over the Caliphate. Thus ended the era known as
the golden age of rightly-guided Islamic rule.
Muawiyah36 set up his regime in 661 with Damascus as the capi-
tal instead of Medina. He was a man with tremendous political skil
which enabled him to establish the first Arabic Empire. However,
instituted an hereditary monarchy in place of the system of selectio
election practiced by the earlier Caliph. The period 661-750, during
which he and his successors ruled, is designated as the Ummayad
era. Gradually the Muslim resentment continued to build against t
Ummayad's un-Islamic practices and failure to implement Shari
i.e., the system of Islamic governnance and social justice. The Um
mayad's were overthrown in 750 A.D.
The Ummayad's were replaced by the Abbasid or descendants o
the Prophet's uncle, al-Abbas.37 They remained in place as Calip
33. F. DONNER, THE EARLY ISLAMIC CONQUEST (1981).

34. J. WILLIAMS, supra note 23, at 237-75; see also M. KHADDURI, supra note 14, at 7
35. J. ESPOSITO, supra note 1, at 5-9.
36. P. HITTI, HISTORY OF THE ARABS 189-98 (10th ed. 1970); J. ESPOSITO, supra note 1,
at 9-15 has a concise account of this period.
37. J. ESPOSITO supra note 1, at 15-23. See generally P. HITTI, supra note 36, at 288-428
with a varying degree of political control from 750-1258. Th

is regarded as a golden era for the development of the Shar
committed and scholarly efforts of Muslim jurists (Ulema)
the need to establish clearly the standards of Islamic ideal a
date. These scholars were motivated by the Islamic belief
should live by divinely ordained standards. Their efforts g
Islamic jurisprudence based on the Quran, the Sunna, a
sources of law. Thus, Islamic law is as much a system of ethi
of law, for it is concerned with what the Muslim "ought" o
not" to do. To violate the law is not only to risk punishmen
temporal authorities but also to be held accountable in the
because Sharia is viewed in Islam as divine and not man mad
all acts are categorized as: 1) obligatory, 2) recommended, 3)
ent or permissible, 4) reprehensible, 5) forbidden or prohibi
In the tenth century Muslim jurists concluded that the
laws had been fully compiled. To prevent further tampering
ering with these laws they also concluded that the doors of
interpretations of the Sharia were finally closed.
One further observation regarding Jihad and the develop
the doctrine during the era of the Ummayads and the Abbas
portant to our discussion. With the expansion of Islam o
continents; i.e. Europe, Africa, and Asia, another juristic co
veloped which divided the world between Dar-ul-Islam (Mus
ritory) and Dar-ul-Harb (Enemy Territory). But with this e
which moved the Muslim domain beyond its capacity to go
need for waging active Jihad against non-Islamic areas was n
considered a priority. Active Jihad was, therefore, dorman
period replaced by struggle through nonviolent means. Ibn
believes that the relaxation of active Jihad reflects the transition of the
nation from a warlike to a civilized stage.38
MEDIEVAL DEVELOPMENTS OF JIHAD
As Abbasid power declined, the rule of Muslim territory pass

into the hands of Muslim usurpers and adventurers. Some of thes
rulers were men of questionable morals vis-a-vis Sharia. This raise
the issue of the right to revolt against a Muslim ruler. Muslim sch
arship came up with a juristic interpretation for the situation. Seve
distinguished scholars provided the basis for accepting the rule of
evil Muslim ruler or tyrant on the ground that order is better th
38. M. KHADDURI, supra note 14, at 64-66.
381] JIHAD 393
chaos.39 This principle gave support to many non-Islamic regim

down through history. However, this principle was again challenge
and revised in the fourteenth century by Ibn-Taymiya, a preemine
jurist.
During Ibn-Taymia's period two major Muslim powers, the
Mamluks and Mongols, were at war with each other.40 Ibn Taymia
lived under the Mamluks. The issue facing Islamic scholars was the
right to revolt against Muslim rulers, specifically the Mongols. If this
right were established, a call for Jihad could be issued by Mamluks to
encourage Muslim warriors to join the army to oppose the Mongols.
Ibn-Taymia's supplied the answer. He held that the prohibition
against revolt applies if two conditions are met: 1) the ruler is Muslim
and 2) he applies Sharia. Since the Mongols did not apply Sharia
they did not meet both conditions. He ruled, therefore, that Jihad
against the Mongols is legitimate. Thus, from the fourteenth century
Jihad came to include the right to revolt against a Muslim ruler if he
violates Sharia.
The sixteenth century was another major period of Muslim

power exemplified by three major empires: the Ottomans, the
Safavids, and the Moghals. In the beginning of the eighteenth cen-
tury, however, the picture changed with European colonialism posing
a new threat. One after another of the Muslim areas came under the
political control of advancing European armies. Religious scholars
suddenly found themselves faced by two simultaneous challenges.
One was the threat of non-Muslim political control and the other,
religious decay within the society. Both these challenges were met by
leading figures.41 Mohammad Abdul Wahab, who was influenced by
Ibn Taymia, used his learning to purify and radicalize Islamic theol-
ogy and helped establish a Muslim state in Arabia under the predeces-
sor of the ruling Saudi family. Abdul Wahab inspired the Mahdi in
the Sudan, who launched a movement to purify the faith and throw
off British political control, succeeded in his efforts at religious reform
and political liberation from the British. Sanussi organized the Mus-
lims of North Africa against colonial forces and sought internal puri-
fication, and Abdul Qadir played the same role in Algeria. In India
Shah Waliullah, a contemporary who may also have been a classmate
39. E. SIVAN, RADICAL ISLAM, MEDIEVAL THEOLOGY AND MODERN POLITICS 90-92
(1985).
40. Id. at 94.
41. W. DIETL, HOLY WAR 13-47 (1984).
of Abdul Wahab, faced this same crisis in Indian Islam.42

The internal challenge was faced by these scholars by Ij
interpretation) of the Sharia and external challenge was me
ing active Jihad against colonizing powers. The foremost
influence Muslims in this effort was the thinker,scholar, a
tionary, Jamaluddin Afghani.43 He was a man with boundl
and exalted spiritual commitment to the glory of Islam and
During his stay in Egypt, where he became quite influentia
as a disciple the distinguished scholar Mohammad Abduh (
tor of Rashid Rida, another distinguished scholar and thin
JIHAD REINTERPRETED
By the turn of the twentieth century another group of Muslim

intellectuals appeared on the scene. Chief among them was Sir Mo
hammad Iqbal followed by Hassan-al-Banna, Maududi and Sye
Qutb. Each one of them confronted the internal and external dec
of Muslim society and also the loss of Muslim lands to foreign oc
pation. Their responses to the crisis required a reinterpretation of
Sharia and the doctrine of Jihad.
The lead to redefine Jihad has been taken by Syed Abul Ala
Maududi, originally from India who moved to what is now Pakistan.
He was a prolific and profound scholar and has received universa
recognition for his authoritative writings. Another notable figure of
international stature and scholarship is Syed Abul Hassan Ali
Nadvi-Rector of Nadvat-'ul-Uluma (Islamic University) Lucknow.
In their writings they set forth the thesis that present day Muslim
societies, despite being ruled by Muslim rulers, are going through a
new Jahilya (dark age).44 Maududi's view of an Islamic state is th
dogma behind the present day view of Jihad within the Muslim soci-
ety. According to him:
The difference between Islamic democracy and Western de-
mocracy is, of course, the following: While the latter is based on
the concept of the sovereignty of the people, the former is based on
the principle of Caliphate (leadership) by the people. In Western
42. E. MORTIMER, FAITH & POWER: THE POLITICS OF ISLAM 64-68 (1982); B. MET-
CALF, ISLAMIC REVIVAL IN BRITISH INDIA, 1860-1900 (1982). The author deals admirably
with the background of Shah Waliullah and his movement including his successors. A further
coverage in this valuable work is the Jihad by Sayyid Ahmad Barelwi against the Sikhs.
43. N. Keddie, S. JAMALADDIN AFGHANI (1972).
44. S. MAUDUDI, THE MEANING OF THE QURAN (Ch. Akbar Muhammad trans. 1975).
See also S. MAUDUDI, THE SICK NATIONS OF THE WORLD. See generally E. SIVAN, supra
note 39.
381] JIHAD 395
democracy, the people are sovereign; in Islam, sovereignty rests

with God, and the people are his Caliphs (vicars). In one system
the government carries out the will of the people; in the other, the
government and people together must translate God's intentions
into deeds. In short, Western democracy is a kind of absolute au-
thority that exerts its power freely and in an uncontrolled manner,
whereas Islamic democracy is subject to the divine law and exerts
its authority in harmony with the commands of God and within
the framework established by God.45
It is the divine law or Sharia which makes a Muslim society Is-
lamic. Absence of the rules of Sharia in Muslim societies, according
to Maududi, relegates these societies to the status of pre-Islamic pa-
gan polytheistic Mecca-a period described as Jahiliya (dark ages)
the backdrop against which Prophet Muhammad launched the divine
mission. Hence, the present day context is a New Jahiliya. As th
Prophet pursued his Jihad against Jahilya, the Muslims believe they
have an obligation to do the same wherever they are faced with the
New Jahilya. Syed Qutb, another outstanding scholar and the heir o
Hassan-al-Banna as the leader of the Muslim Brotherhood in Egypt,
adopted Maududi's interpretation. Through the network of Islam
scholars the idea is dominant in Muslim minds throughout the
world.46 Thus, Ibn Taymia's revolt against Muslim rulers in Muslim
societies continues with an intellectual power supplied by a new breed
of major Muslim thinkers from different Muslim lands.
Maududi's thesis received further support with the success of
Shiite Islam under the leadership of Ayatullah Ruhullah Khomaini,
truly outstanding Islamic scholar and powerful political leader.47
CONCLUSION
The Jihad within Muslim countries has taken the form of polit-
ical housecleaning through the elimination of the rule of those consid-
45. U. ABD-ALLAH, THE ISLAMIC STRUGGLE IN SYRIA (1983); see also Bill, Resurgent
Islam, 63 FOREIGN AFFAIRS 108 (1985).
46. Supra note 41, Chapter 24, deals with the Muslim resilience in Soviet Russia and puts
the number of Muslims in China at approximately 115 million. The traditional Muslim lands
of Indonesia, Malaysia, Southern Thailand, and Southern Philippines are in the forefront of
Islamic spiritual and political concerns.
For a study of Muslim struggles in the Soviet Russia see A. BENNIGSEN & S. WIMBUSH,
MUSLIM NATIONAL COMMUNISM IN THE SOVIET UNION: A STRATEGY FOR THE COLONIAL
WORLD (1979).
47. I. KHOMEINI, ISLAM AND REVOLUTION: (H. Alger trans. 1980); N. KEDDIE, SCHO
ARS, SAINTS & SUFIS: MUSLIM RELIGIOUS INSTITUTIONS IN THE MIDDLE EAST SINCE 1500
230-55 (1983); K. SIDDIQUE, KHOMEINI'S IRAN: AN ISLAMIC PERSPECTIVE(1980).
ered to be "un-Islamic." The fall of the Shah of Iran, the

assassination of Sadat, and the overthrow of Jafar Neumairi are con
sidered the contemporary examples of this form of Jihad. Jihad,
war against foreign occupiers of Muslim lands is nothing new to I
lam. The last major Jihad against a colonial power was the Algerian
War of Independence against France which ended in the birth of t
Republic of Algeria in 1962-a war that cost Algerians a millio
lives. And it is the doctrine of Jihad that now supports the Mo
rebellion in the southern Phillipines, the Afghan struggle of indepen
dence against Soviet occupation, and the Palestinian and Lebane
liberation movements against Israeli occupation. These two forms o
Muslim struggle; i.e. Jihad applied internally against unacceptab
leaders and externally against non-Muslim rulers is often described b
Westerners as Islamic fundamentalism. (This is an unfortunate cat
gory insofar as it allows Westerners to dismiss the intellectual and
theological depth and meaning of Jihad).
Internal Jihad i.e. the internal "political housecleaning" is a cru-
cial form of Jihad for Muslims. Its goal is to develop a representati
political order through an elective process that would replace rule b
monarchy or military. It seeks to create a participatory democrati
order which would incorporate Sharia principles. (It wishes to
this in a similar manner as has been done with the principles of th
United States Constitution.) The image of Sharia expressed by t
punishment of criminals in the public square has very little to do wi
that body of law which has played a major role in human civilizatio
Rather, Sharia must be seen as a body of law from which a peop
determines how to govern the fullness of their lives. The disillusion
ment of Muslim societies in incorporating and practicing Weste
ideas is great. It is believed by many scholars, however, that on
such societies have constituted their own social and political system
on the principle of Sharia, they will be able to incorporate acceptab
ideas from the West. This would mean grass roots cross-fertilization
the result of authentic interaction. And it would avoid the problem
that has plagued so many Muslim nations-the attempt to impo
foreign ideas from the top in the interest of political control.
Islam is not a culture. It is a culture producing force. It pro
vides spirituality to any society or culture by implanting the Shar
into the culture.48 Islam is a powerful spiritual force that governs t
48. D. PIPES, IN THE PATH OF GOD: ISLAM AND POLITICAL POWER 277 (1983). T
author informs us of the newest Muslim community in South Korea. It developed as a res
of the stationing of Turkish soldiers there in the 1950's. The soldiers' contact with the nati
381] JIHAD 397
life of Muslims fro

lim spirituality. It
stand Jihad if th
neighbors.50
started Islam there. The p

their own college in Pusa
Japan.
49. W. DIETL, supra note 41, at 340.
50. See R. WRIGHT, SACRED RAGE (1985). The author displays conceptual clarity as
well as intellectual integrity in this remarkable book.

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The Doctrine of Jihad: An Introduction

Author(s): Noor Mohammad

There is a great deal of confusion in the West regarding the

* Professor of Law, University of Baltimore School of Law, Baltimore, Maryland.

THE CONTEXT FOR UNDERSTANDING JIHAD

Before we examine the concept of Jihad, we want to look briefly

Islam teaches belief in one Transcendent God (Allah), Resurrec-

4. The name Muhammad is also spelled in Anglicized form as Mohammad, Mohammed,

10. THE HOLY QURAN, S-LXXIiI, 5-11.

lay down legal and ethical principles which govern Muslim l

DOCTRINE OF JIHAD-EARLY DEVELOPMENT

Jihad is frequently confused with the current Western concep

And strive in His cause

Yusuf Ali, in his widely respected commentary on the Quran,

Therefore listen not

A verse in Sura IX, 20 to 22 deal with the subject in a particular

Those who believe, and suffer

Yusuf Ali describes this verse as a good description of Jihad.

According to him it "may require fighting in God's cause,

The verses dealing with fighting or war known as Jihad need to

Fight in the cause of God

Of those who suppress faith.

And fight them on

17. Id. at note 1270.

And spend of your substance

This verse belongs to the Medina period. By this time Muslims

explains, is that of heroic virtue combined with unselfish g

(Sura XXI, 39 & 40)

Asad, another distinguished authority, points out that these tw

19. Y. ALI, supra note 16, footnote 205.

gious autonomy.27 The alliance did not last, however.

33. F. DONNER, THE EARLY ISLAMIC CONQUEST (1981).

with a varying degree of political control from 750-1258. Th

MEDIEVAL DEVELOPMENTS OF JIHAD

As Abbasid power declined, the rule of Muslim territory pass

38. M. KHADDURI, supra note 14, at 64-66.

chaos.39 This principle gave support to many non-Islamic regim

The sixteenth century was another major period of Muslim

of Abdul Wahab, faced this same crisis in Indian Islam.42

By the turn of the twentieth century another group of Muslim

democracy, the people are sovereign; in Islam, sovereignty rests

ered to be "un-Islamic." The fall of the Shah of Iran, the

life of Muslims fro

started Islam there. The p

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