Rights and Regulations of Conflicts in the Realm of Islamic jihad and International Islamic law (Book)

Author: Mehdi Khosravi Sereshki

• abstract

Rights and Regulations of Conflicts in the Realm of Islamic jihad and International Islamic law, is the fifth volume of the ten-volume series 'Political Jurisprudence' authored by Abbasali Amid Zanjani. This book examines the legitimacy of jihad from the perspectives of Islam and international law, while also referencing various jurisprudential viewpoints. According to the author, the initial state between the Islamic world and disbelief can be one of peace and neutrality, and during times of conflict, jihad will be the last resort if there is no agreement or establishment of a fair coexistence contract. The choice of a cold war as an international strategy for the Islamic world is incompatible with Islamic principles and standards. In defensive warfare, the permission of the infallible Imam or his representative is not a prerequisite, and if war is solely for the purpose of gaining political power, it is not considered a legitimate jihad. Liberating jihad for nations and states is permissible in Islam, provided that certain conditions are met, and it does not imply interference in the internal affairs of nations and countries. Jihad also has constructive social, cultural, and spiritual dimensions, with martyrdom being its pinnacle.

The significance and structure of the book

The fifth volume of the "Political Jurisprudence," entitled " Rights and regulations of conflicts in the realm of Islamic jihad and international Islamic law," consists of two approximately equal sections (each comprising 200 pages). The first section, which covers general principles, is divided into four chapters that elucidate the roots of war, the foundations of warfare in Islam, methods of engaging with adversaries, and strategies for mitigating conflict. The second section, titled "The Nature of War and Its Types," expands upon the discussions from the first section across six chapters. The first chapter addresses the concepts of worship, sanctity, value, and the significance of jihad in Islam, along with its relationship to the obligations of individuals and the conditions under which it becomes obligatory. The subsequent chapter discusses the legitimacy and objectives of jihad from the perspectives of the Quran and Nahj al-Balagha, while the third chapter defines various forms of jihad, such as defensive and Preliminary jihad. The fourth chapter examines the views of Sunni and Shia scholars regarding jihad, and the following chapter elaborates on jihad and intervention in the affairs of nations. The final chapter highlights the constructive impacts of jihad, including the preservation of sovereignty, development and construction, self-sufficiency, and the revival and enhancement of cultural and spiritual values, which also encompasses the significance and status of martyrdom.

The author

Amid Zanjani (1937 - 2011) the author of the book, was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as Seyyed Hossein Burujerdi, Seyyed Ruhollah Khomeini, Seyyed Abul-Qasem Khoei, and Seyyed Mohsen hakim. The ten-volume series on political jurisprudence, is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts.

The legitimacy of jihad from the perspective of the Quran and Nahj al-Balagha

In the first section of the book (overview), ʿAmīd Zanjānī discusses the definition and origins of war, referencing its roots from an Islamic perspective and citing two fundamental causes according to the Quran: a) Conflict and opposition, as indicated in verse 251 of Surah Al-Baqarah, serve as a foundation for societal development and prevent corruption within humanity: «وَ لَوْ لاٰ دَفْعُ اللّٰهِ النّٰاسَ بَعْضَهُمْ بِبَعْضٍ لَفَسَدَتِ الْأَرْضُ». b) Furthermore, individuals must possess the ability to confront and defend against threatening circumstances: «وَ لَوْ لاٰ دَفْعُ اللّٰهِ النّٰاسَ بَعْضَهُمْ بِبَعْضٍ لَهُدِّمَتْ صَوٰامِعُ وَ بِيیعٌ وَ صَلَوٰاتٌ» (Hajj: 40). Each of these two Quranic interpretations is presented as a justification for the legitimacy of jihad: the first verse grants the initial permission for legitimate defense to oppressed Muslims who have been displaced from their homes, while the second verse recalls the deliverance of a group of the Children of Israel by Talut from the oppression and aggression of Jalut. The author subsequently discusses the roots of warfare from the perspective of Nahj al-Balagha, noting that one of the entrances to paradise is designated for those who strive in the path of God (pp. 26-34).

Is the Cold War a strategy for Islamic foreign relations?

The author of the book examines the Cold War from two jurisprudential perspectives: the legitimacy of war versus peace. Initially, he discusses the legitimacy of war in the foreign relations of Dar al-Islam, which perpetually manifests as a Cold War; a conflict characterized by a struggle devoid of actual warfare, where spiritual forces such as beliefs, culture, and national customs replace military power, and it persists until a resolution is achieved, much like a real war.

He argues that this interpretation of the Cold War aligns with the psychological warfare inherent in the principles of disavowal of the enemy and independence from it, as emphasized in the Quran. However, there is a concern that the tools and methods employed in the Cold War often conflict with the objectives of Islam, particularly the strategy of invitation to Islam. Islam's foreign policy should be conducted in a manner that does not lead the world to doubt the sincerity and humanitarian nature of Islam, nor should it create a distorted image of Islam in public perception. The author further examines the status and challenges of the Cold War within the context of peace theory in the foreign policy of Dar al-Islam, ultimately concluding that the choices and initiatives of the Cold War as an international strategy for the Islamic world are incompatible with Islamic principles and guidelines (pp. 34-38). It is noteworthy that the second chapter of the first section of the book is dedicated to the topic of 'The Foundation of Jihad in Islam,' which elaborates on the authenticity of war or peace, as well as the legitimacy, sanctity, and ideological underpinnings of jihad, making it a compelling read for interested individuals (pp. 39-69).

Jihad, the ultimate solution against the enemy

The author of the book delineates eight ways as methods for confronting adversaries, discussing them from both a jurisprudential and legal perspective while providing their accurate interpretations. These methods include refraining from allegiance to enemies, disavowing polytheists, avoiding dependency and complacency towards adversaries, negating the dominance of enemies over Muslims, maintaining military readiness and rapid response capabilities, exhibiting flexibility in international relations, engaging in reciprocal actions, and ultimately, jihad. He posits that if all avenues for equitable coexistence with adversaries are closed, the final solution is jihad (pp. 71-128). ʿAmīd Zanjānī defines the lack of allegiance as not being absorbed into foreign cultures and preserving Islamic identity, not in the sense of denying the human identity of non-Muslims. He also interprets disavowal as isolating and boycotting the enemy while preventing them from exploiting peaceful conditions.

The author subsequently illustrates two historical events during the reign of Imam Ali (AS): the conspiracy of Muawiya against the representation of Muhammad ibn Abi Bakr in Egypt and the martyrdom of Imam Ali's representative, as well as the Battle of Siffin and the hesitation of some Muslims regarding the continuation of the war alongside the Imam. In conclusion, the author derives three general conclusions from the words of the Imam in 'Nahj al-Balagha', including the notion that Islam does not resort to force or weapons against those who reject it, instead employing logical and intellectual approaches; however, in the face of adversaries who engage in hostile activities, where logical and peaceful methods prove ineffective, the recourse to arms and jihad becomes the solution to the problem (pp. 129-135).

In the final chapter of the first part of the book, the author thoroughly examines methods to aid in the elimination of war discussing topics such as disarmament from an Islamic perspective, crisis management, the precedence of invitation to Islam over jihad, strategies for unity, political solutions and diplomacy, disputes and arbitration, as well as military preparedness and rapid response. Additionally, the author compares Islamic views with imperialistic perspectives, highlighting eight key differences (pp. 137-199).

Is the permission of the Imam or his representative a prerequisite for jihad?

According to Amid Zanjani, the Quran mentions two terms: jihad and qital, indicating that jihad is a form of qital, albeit with specific conditions and limitations. Furthermore, jihad is considered a communal and collective obligation, but is it permissible and legitimate to engage in jihad without the presence and organization of an Imam or his representative during the era of occultation? Zanjānī emphasizes that many Shia jurists, such as Kashif al-Ghita, do not regard the permission of the infallible Imam during his presence or the authorization of a fully qualified jurist during the occultation as a prerequisite for defensive jihad. In his discussion on preliminary jihad, he refers to the differing opinions among Shia jurists regarding the necessity of the Imam's permission, stating that the prevailing view is that preliminary jihad requires the consent of the rightful Imam. The author cites Imam Khomeini's ruling in 'Tahrīr al-Wasīlah', which asserts that the initiation of an offensive war is a prerogative of the infallible Imam. He notes, 'For this reason, Shia jurists have defined jihad as warfare against enemies, encompassing both domestic armed conflict with rebels and external combat against polytheists, with the objectives of jihad including defense against aggression and hostility, as well as supporting Islam and upholding the tenets of the faith.' (pp. 203-205)

Waging war to gain political authority does not constitute a form of jihad

In the context of jihad, alongside material elements, there exists a spiritual component related to the intentions of the fighters, which is the pursuit of divine proximity and motivation for divine objectives. Consequently, Islamic jurists categorize jihad within the realm of worship in their thematic classification of jurisprudential texts. The author of the book elucidates that engaging in armed conflict against an enemy for non-divine purposes, such as acquiring war spoils or achieving political or military power, cannot be considered a valid form of jihad.

Amid also explains that defensive jihad becomes obligatory for every man and woman when the Islamic homeland is occupied by enemy armed forces. In such circumstances, the nature of jihad shifts from a strictly devotional obligation to a necessary action (fulfilling an obligatory command), thereby diminishing the spiritual aspect of jihad. Furthermore, if a combatant lacks divine motivation during jihad and is killed, they will miss out on its spiritual rewards, and as some narrations suggest, they may be considered a martyr for trivial reasons (such as fighting to acquire a steed) (pp. 211-212). Thus, the notion of jihad as an act of worship differs from that of prayer and fasting, where jihad conducted without a divine intention is considered null and void, requiring the individual to repeat it. For this reason, Islamic jurists categorize jihad, in terms of its legal implications, as a necessary action (obligatory action) (pp. 239-240).

Poverty does not exempt one from jihad

According to the author of the book, scholars agree that children, women, the insane, and individuals who are weak, ill, or disabled are exempt from jihad. There is a consensus regarding the exemption of women, as their ability to endure the challenges and hardships of war related to their spouses is deemed sufficient. However, the exemption of the elderly from the obligation of jihad is based on the principle of alleviating hardship rather than a lack of permission. The author cites the examples of Ammar ibn Yasir at Siffin and Muslim ibn Awsaja at Karbala, both of whom had surpassed the age of eighty. Additionally, he notes that some Islamic jurists have also exempted the poor and needy from jihad, but they have not provided convincing reasons, thus poverty cannot be considered a valid justification for not participating in war and jihad (p. 240).

The liberating jihad is deemed legitimate according to the Quran

According to the author of the book, the objectives of jihad from the perspective of the Quran can be categorized into two sections: defensive and preliminary jihad. He outlines ten objectives for defensive jihad based on Quranic verses, such as defending against oppression and aggression, treacherous violators of treaties, and internal turmoil instigated by enemies. In the context of preliminary jihad, he emphasizes that the Quran encourages warriors and commanders to engage in thorough contemplation and analysis, while also recognizing preliminary jihad as permissible and valid in three specific instances:

a) Liberating nations and the masses who are deprived of understanding truths, freedom of thought, judgment, and choice due to the dominance of powerful individuals and governments. The aim of this jihad is to pave the way for the pursuit of truth, to reject impositions and intellectual oppression, and to create an environment conducive to the growth of awareness and the flourishing of ideas (Surah al-Anfal, Verse 39).

b) The liberation of nations and groups that are oppressed and unable to claim their rights, who are subjected to colonization and exploitation, and are deprived of their rights, thus considered marginalized; akin to the struggle of Moses and Aaron against Pharaoh (Surah al-Qasas, verses 4 and 5).

c) Assistance and support for liberation movements and the oppressed who are fighting for their liberation against imperialism and injustice worldwide (Surah an-Nisa, Verse 75). ʿAmīd Zanjānī subsequently examines the objectives of jihad from the perspective of Ali (AS) in detail, based on the text of Nahj al-Balagha, outlining eight key points: 1. The establishment of justice, 2. Prohibition of vice, 3. Ensuring security and implementing a divine system, 4. Combating oppression and imperialism, 5. Jihad as a means of guidance, 6. Upholding public principles and regulations, 7. Defending the position of truth, and 8. Eradicating aggression (pp. 256-281).

Divergence among Islamic jurists regarding the classification and interpretation of various forms of jihad

In the second section regarding the types of jihad (Chapter Three), ʿAmīd Zanjānī illustrates that the classification of jihad into preliminary (offensive) and defensive categories is not definitively established from a jurisprudential perspective, as Islamic jurists have fundamental and serious disagreements on this matter. Some jurists consider all instances of jihad to be defensive, while others interpret jihad solely as an offensive concept; this implies that Islam does not accept any peaceful conduct towards those who do not convert to Islam or fail to pay the jizya tax, and has commanded jihad against them. Furthermore, there is also a divergence among jurists regarding the interpretation and definition of the two concepts of offensive and defensive jihad, with some linking it to the ultimate goal of jihad; meaning that if this goal is the promotion of Islam and the establishment of religious observances, then it is classified as preliminary jihad (pp. 283-285). He subsequently discusses defensive jihad, preliminary (liberating) jihad, border guarding (murabeteh), and jihad against rebels (bughat) (internal conflict) in greater detail in the following chapters (Chapters Two to Five, pp. 319 to 348).

The author of the book also explores the social and political aspects of jihad from the perspective of Nahj al-Balagha, examining various issues such as the tactics of the pilgrimage for the oppressed (Hajj, Jihad of the Weak), women's jihad by staying at home instead of engaging in armed conflict, and the establishment of a system for enjoining good and forbidding wrong as a means of jihad in the path of God. In this section, he analyzes and interprets the wars during the Imamate of Ali (AS) in terms of the dimensions of jihad (pp. 285-319). It is noteworthy that the 'theories of Shia jurists' are also revisited in the fourth chapter of the second part of the book, discussing some rulings on jihad (pp. 353-356).

Opinions of Sunni jurists regarding jihad

The author of the book briefly discusses the theories of Sunni jurists regarding jihad. According to him, these jurists do not distinguish between offensive and defensive jihad. Some of the rulings on jihad according to Sunni jurisprudence are as follows:

• Maritime jihad is preferred to land-based jihad, and jihad against the People of the Book is preferred to jihad against non-believers.
• The invitation to Islam is obligatory before engaging in jihad only if the other party has not received this invitation.
• The leadership of jihad rests with the Imam of the Muslims, who must issue necessary orders for the preparedness of qualified individuals, establish military organization, and determine the hierarchy of command.
• Once the forces of Islam and the enemy meet in battle, it is impermissible to abandon the battlefield. Leaving the front line is only permitted with the consent of the chief commander, not the lower-ranking commanders.
• By the command of the Imam of the Muslims, jihad is obligatory for all, and justice is not a prerequisite for Imamate in jihad; one can engage in jihad under any Imam, whether just or unjust (even in cases of embezzlement and betrayal), although this raises disputes from the perspective of Hanbali jurisprudence.
• In the event of a surprise attack by the enemy, it is not necessary to seek permission from the commander for jihad.
• The presence of women on the battlefield and within enemy territory is prohibited, and only commanders are permitted to bring their spouses along.
• It is not permissible to bring the Quran into enemy territory during wartime, and upon the return of the fighters from battle, there will be no welcoming ceremonies.
• Employing trickery in battle to deceive the enemy (whether combatants or non-combatants) is permissible, and in Hanbali jurisprudence, ambush tactics are also allowed.
• Should a Muslim combatant find themselves in captivity, it is recommended that they continue their efforts in jihad until they are martyred.
• Civilians are granted immunity unless they engage in military activities.
• Dismembering the bodies of the enemy and transporting heads from the battlefield is considered reprehensible.
• Establishing the contracts of temporary ceasefire (Hudna), the lack of a trustworthy guarantor (Istimān), and the specific regulations and payment of jizyah and financial penalties (dhimma) are permissible with all sects of non-believers (pp. 349-353).

Jihad does not involve interference in the internal affairs of nations and states

Jihad represents a form of intervention in the internal affairs of nations, infringing upon their sovereignty, freedom, independence, and fundamental rights. ʿAmīd Zanjānī describes the resolution of this conflict as highly challenging and contentious, categorizing unlawful intervention into three types:

1. Implementing changes in domestic affairs for personal benefit and in secrecy.
2. Concealing truths and deceiving another nation or government, thereby creating a false impression and understanding of the nature of their demands, interests, and disadvantages.
3. Resorting to force and imposing one's demands on another nation and government, without allowing for choice and disregarding national interests and welfare.

He further elaborates on the conditions and characteristics of unlawful intervention, subsequently clarifying the concept of jihad and how it may intervene in the internal affairs of nations. He concludes from the verses and traditions regarding jihad and intervention that jihad does not equate to interference in the internal affairs of nations and states.

As reported by ʿAmīd Zanjānī, the approach to dealing with non-believers is determined by their choice among three options: converting to Islam, accepting a covenant (dhimma), or engaging in warfare. If they accept either Islam or the covenant, the option of jihad is no longer applicable. Shia jurists have limited this discussion to the People of the Book, while Sunni scholars extend this principle to all non-believers.

According to ʿAmīd Zanjānī, these three states arise from the perspective that, similar to Sheikh Ṭūsī, we consider the initial condition between Islam and disbelief (prior to the proposal of Islam to the disbelievers) as a state of war. Alternatively, if we regard the initial condition as one of peace, the outcome would be limited to either the acceptance of Islam or a treaty. However, if we view this initial state as peace, a fourth condition can also be envisioned, which is referenced in certain narrations: neutrality and non-aggression (Hiyad). Consequently, neutrality is also included in the agreements of security (aman), dhimma, and hudnah (truce) (pp. 357-368).

Martyrdom, the most constructive effect of jihad

Amid Zanjaniconcludes the book with 'Constructive effects of the Sacred Jihad.' He asserts that the jihad not only encompasses national authority, sovereignty, construction and self-sufficiency but also leads to the cultural and spiritual advancement of society and the revival of Islamic values, with martyrdom being a significant and distinctive theme. The final discussion in the book focuses on martyrdom and the author's analysis of its position within religious teachings, particularly in Nahj al-Balagha (pp. 369-401).