Jihad Martyr Imam Al Bouti

Jihad
Martyr Imam, Muhammad Saeed Ramadan Al Bouti

First: What does the word " Jihad " mean?

The meaning included in this word is far wider than the narrow connotation to which
many people restrict its meaning.. It means exerting efforts whatsoever, in the aim of
establishing truth and to safeguard it in pursuit of God's [Exalted be He] content. It goes
without saying that spending money, time and spreading knowledge and culture which
participates in enlightening in the reality of Islam, and patience on all types of hardships
and harm by way of such purpose; are of the types of this effort which imparts on those
who perform it the attribute of Mujahidin by way of Islam.
It is known that warfare Jihad was not prescribed before God's Messenger's Hijrah
to Medina. Nevertheless, the word "Jihad" and the call to it has been repeated in Meccan
Surah's, and the command of Jihad was mentioned in them a couple of times.
An example of that is God's verse in Al Furqan Surah: }So do not yield to the
disbelievers, but strive diligently against them with this ˹Quran˺{ (Qur'an Al Furqan:52),
as well as in God's verse : }Then, indeed your Lord, to those who emigrated after they had
been compelled [to say words of disbelief] and thereafter fought [for the cause of Allah]
and were patient - indeed, your Lord, after that, is Forgiving and Merciful { (Qur'an Al
Nahl:110). This Surah is entirely Meccan according to the majority of Exegesis (Tafseer)
scholars.
Clearly, when the word "Jihad", wherever it comes across in Meccan Surahs, means
everything but fighting of all various types of exerting effort in order to uphold the
word of God [Exalted be He], i.e. to communicate God's message to people and to make it
enter their minds with wisdom and good impeachment.
Second: Warfare Jihad , when was it prescribed? Why?
It is agreed upon that legitimacy of warfare Jihad started after immigration and
God's Messenger's settlement in Medina.. but what is the purpose of it? Why restriction
to such sound types of it did not continue, those which were enforced in Mecca? Could
it be that the purpose is coerce people to enter in Islam, whether their minds obeyed
them in that or not?

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The Islamic Sharia itself has the answer to this question. Otherwise, the answer from
any other body would not be useful, and would not be able to solve the problem.
So, let's listen to the answer of Islamic Sharia to this important question , starting
from the first ring of the chain of this subject…
The Qur'an decides that the human being who is commissioned by God [Exalted be He]
with serious missions must assume them whether with himself or other human beings. He
says, }Then when guidance comes to you from Me, whoever follows My guidance will
neither go astray ˹in this life˺ nor suffer ˹in the next˺. But whoever turns away from My
Reminder will certainly have a miserable life { (Qur'an, Taha: 123-124).
However, what are the conditions that should be available in the human being in order
to become qualified for commission ing?
That requires availability of the following conditions:
Information which is a result of an address directed from God to people through
Messengers and Prophets. So those who was not reached by such address are out of the
covenant of commissioning and the decision which states this conditions is God's verse:
}And We would never punish ˹a people˺ until We have sent a messenger { (Qur'an, Al Israa: 15).
The capability of doing what is required, by conception and understanding concerning
beliefs, as well as by practice and conduct concerning doing some acts and abandonment
of others..
So if it was incapable to perform what is required from him, commissioning would fall
for him, and the responsibility of God's address would be decreased away from him. The
decision which states this conditions is God's verse: }Allah does not require of any soul
more than what it can afford.{ (Qur'an, Al Baqara: 286).
That the human being has the perfect choice whether to yield or not to the order
directed to him from God [Exalted be He], and the decision which states this condition is
God's verse: }Let there be no compulsion in religion, for the truth stands out clearly from
falsehood.{ )Qur'an, Al Baqara: 256) and God's verse: }And say, ˹O Prophet,˺ “˹This is˺ the
truth from your Lord. Whoever wills let them believe, and whoever wills let them
disbelieve.” Surely We have prepared for the wrongdoers a Fire whose walls will
˹completely˺ surround them{ (Qur'an, Al Kahf: 29).
On basis of the foregoing conditions stated by God's plain verses, the scholars of
Islamic Sharia ruled not to commission the absentminded people, who know nothing of the

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 Jihad Martyr Imam Al Bouti

address directed to them, who are in the state of inattention, forgetfulness or

distraction.
They also ruled not to commission the one under coercion, who has no choice in the
action done by him nor not done, whether he was coerced to yield or the opposite 1.
Hence, it was confirmed that response to the commissioning directed by God to his
servants is impossible but in an atmosphere where the commissioned has freedom of
disposal, and feels that he is capable to respond or not to the order directed to him.
This means that the mission of those who call to God, whether they were messengers,
learned or scholars, is restricted in informing people God's orders and rulings, and to
order them to listen and obey and yield to his rulings, then to leave them free to take
the decision they like, providing to draw their attention to the award he promised or
punishment he threatened his commissioned servants.
That is because if they were subdued to commit to the divine orders forcibly, without
their choice, their commissioning would drop due to lack of one of its most important
conditions, which is availability of freedom of choice and capability of taking the decision,
and they would never have deserved any reward or award for anything they were
compelled to do.
Bearing this in mind, it became clear that warfare Jihad was not prescribed by God
[Exalted be He] to coerce people to obey the commissions they were addressed with. As
if it was prescribed for such purpose, Jihad would be one of the most important causes
of dropping commissioning due to the fact that Jihad, in such case, becomes one of the
most important causes which cancels the commissioned person's freedom and eliminate
him from the capacity to take decision.
Then, why was the warfare Jihad prescribed? And why its timing came after Hijrah?
To answer this question, we have to notice the difference between the status of
Muslims in Mecca and their status after they settled in Medina.
In Mecca, they had nothing to fight in defense of, thus, they only had the obligation
of calling and informing people by speech with patience on infidels' harm, forbearing, and
enduring their misconduct.

1Refer to: Explanation of Jalal Eddin al Mahilli of Jami' al Jawami' by Ibn al Subki: (1/40-41) Al Maymanieh Printing
House.
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Then, when they immigrated to Medina and settled there and the majority of its
people embraced Islam, two rights entered under their reign, none of which was
bestowed to them by God previously:
One of them is Dar al Islam [House of Islam], which is the first geographical container
of God's religion [Exalted be He], where Muslims built their religion system and the
approach of God's Sharia.
The second of which is the first Islamic society through which the meaning of one
single Ummah [nation] which has been united under the shadow of all-inclusive Islamic
system.
By meeting of such two gains, the Islamic state was born and integrated, with all its
three indispensable pillars; namely: the land, the Ummah or people, then the sovereign
system, which is meant to consolidate the Ummah existence and strengthen its relation
to land.
No doubt, such three gifts constitutes the greatest humanitarian rights that God
has bestowed Muslims with in the dawn of Islam. Therefore, one of the most important
duties entrusted to Muslims was to safeguard the three rights, and the defense against
it in front of any aggressor or anyone who lurks around it.
At such duty, the logical and human reason which required obligation of warfare Jihad
which was not prescribed previously due to lack of any reason requiring its legitimacy
from the three rights.
Thus, the warfare Jihad was prescribed in defense of such three rights: the land
which was bestowed to them by God, and the Islamic congregation whose existence on
the land has been consolidated, and the sovereign system which gave such congregation
the power and shared efficiency, which was not owned by Muslims previously.
Third: Evidence on this from the Qur'an, the Sunna and the decision of the majority
of Muslim scholars:
First: from the Qur'an: here we read clear verses, which does not accept any
interpretation or doubt. For example, God's verse, }Fight in the cause of Allah ˹only˺
against those who wage war against you, but do not exceed the limits. Allah does not like
transgressors{ (Qur'an, Al Baqara: 190).
As well as God's verse, }Allah does not forbid you from dealing kindly and fairly with
those who have neither fought nor driven you out of your homes. Surely Allah loves those

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who are fair ‫ ۝‬Allah only forbids you from befriending those who have fought you for
˹your˺ faith, driven you out of your homes, or supported ˹others˺ in doing so. And whoever
takes them as friends, then it is they who are the ˹true˺ wrongdoers.{ (Qur'an Al
Mumtahanah: 8-9).
Along with God's verse, } And if anyone from the polytheists asks for your protection
˹O Prophet˺, grant it to them so they may hear the Word of Allah, then escort them to a
place of safety, for they are a people who have no knowledge.{ (Qur'an, Al Tawbah: 6).
All these verses were revealed after Al Ḥudaybiyah Treaty, rather at the end of
God's Messenger's life. So, they are muhkam (decisive) verses and was not subject to any
abrogation with opposing verses.
Second: from the Sunna: For example what has been narrated by Ibn Majah, Abu
Dawood and Ahmad from the Hadith of Hanthala Al Katib, he said: ((we fought with God's
Messenger (PBUH) and passed by a killed woman, and people gathered around her, then,
they opened the way for him, he said: this would never have been fighting among fighters,
so why was she killed? Then, he said to a man: Go to Khaled Ibn Al Walid and tell him: God's
Messenger orders you not to kill any woman or mercenary((.
Likewise, what has been narrated by Abu Dawood from the Hadith of Anas Ibn Malek,
that God's Messenger (PBUH) said: ((Go ahead in the name of God and d o not kill an old
man, nor a little child nor a woman, and do not exceed limits …((.
Similarly, what has been recommended by Abu Bakr to Osama and his company when
he took leave of them and mobilized and directed the first army he sent in his Caliphate.
He said in his recommendation: ((Do not trait.. do not betray .. do not exceed limits ..
do not maim.., do not a child nor an old man, nor a woman.. and if you passed by people who
secluded themselves in temples – i.e. for worship – leave them alone with their worship).
This recommendation of Abu Bakr is virtually like Marfou' Hadith [said by Prophet] as
decided by scholars, as such recommendation is not of a kind that can be based on sole
opinion.
Hence, if fighting was because of disbelief, then fighting the disbeliever women and
mercenary, and those who are consecrated in temples would have been prescribed,
rather obligatory. However, when the Prophet (PBUH) forbade killing those who do not
fight or those can not fight such as the old man, this proves that the reason for
legitimacy warfare Jihad is waging war.

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Third: the applied approach adopted by God's Messenger in his battles:

It is not report about him (PBUH) that he directed in any of his battles to but to those
who started fighting Muslims, making plots or betrayal to them, or to those whom he
knew they are scheming to fight him, such as his departure to the Battle of Khaybar
after he knew that the Jews of Khaybar are scheming with Bani Ghatafan to surprise
Muslims with war..

Fourth: Consensus of majority of Muslim scholars and Imams that warfare Jihad was
prescribed to protect the rights in defense of dangers of waging war when they lurk
around the peace ordered by God.
Of these scholars is Malek, Abu Hanifa, Ahmad and their company, and it is one of the
two statements of Imam Shafie as well.
The contexts herein is not suitable for citing their peremptory statements in setting
out this ruling upon whom they all agreed. However, those who wish to refer to their
literature and learn about it, they can refer to the following references: Bidayat al
Mujtahid [The Distinguished Jurist's Primer], by: Ibn Rushd: 1/369-370. Al Mughni, by Ibn
Qudama: 1/301. Fath al Qadir, by: Ibn al Humam: 5/452. Al Sharh Al Saghir ala Aqrab al Masalik
[The Diminutive Explanation]: 2/275. Mughni al Muhtaj, by: Al Shirbini: 4/234. Al
Mudawwana, by: Imam Malek: 2/6.
Fifth: Reality of Islamic Conquests which took place throughout history:
The reality of Islamic Conquests which took place previously, whether upon
considering the motifs which call for it, or upon looking at the status of the country
whose people entered the sanctuary and reign of Islam; what can be deemed as the best
evidence of representation of this ruling indicated by both Qur'an and the Sunna, then
was agreed upon the majority of scholars and Muslims.
The motifs of warfare Jihad which led to such conquests had never been coercing
people to embrace Islam or infringing any of the human rights, rather, those motifs were
to counter the danger of waging war which exists in reality or expected in planning and
scheming. There is no doubt that proactively taking action against states planning for
aggression is a defense conduct that is justified in all ages. May God have mercy upon
Imam Ghazali as he said in his book, Al Mankhoul, while deepening this reality and eliminating
any ambiguity around it: "The Romans, if not conquered, conquer".

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While concerning the status of people who entered in the sanctuary of Islam in the
conquered countries, the history bears witness that no Christian had been compelled to
leave his Christianity, nor did any Jew to leave his Judaism.
This is the reality of all the countries which entered the arena of Islamic conquest
without exception. For example, the Jews who had been under the shadow of the Islamic
state in Andalusia had never, before nor after, enjoyed such happiness and freedom that
they enjoyed in such age.
Furthermore, for example the Islamic state the reign of which extended to Levant,
never coerced any of its people to relinquish their faith. It is known that most of them
were Christians. The percentage of Christians to Muslims remained one third and a half
under the shadow of the Islamic state, until the Crusades started. You all probably know
that the leader of the first Crusade had sent to Christians of the Levant questioning
them what do they select; to join their newcomers, who are brothers in faith, or their
nation who are Muslims. They sent him their historic decision ruling to stand besides their
nation who are Muslims2.
I wonder! If Muslims' treatment to these Christians in the Levant contained some
injustice or degrading their human rights, would they have voluntarily stood with their
nation against the newcomers who are of their faith in one trench? Besides, we know
that the law in accordance with which Muslims treat Christians and others is the Sharia
of Islam.
The fake image today, who is responsible for it?
Let's compare now between the objective for which Jihad was prescribed which has
been set out, and the literature and parameters which control it, and the scientific
approach which contradicts it that we see in some of our Arab and Islamic countries,
moving under an opposite name i.e. under the name of Jihad itself.
When you verify that I am did not make up for the " Jihad" a meaning from my mind,
rather, I was a reporter of all of what I said from the Book of God [Exalted be He] and the
Sunna of God's Messenger (PBUH), then from the consensus of majority of jurists; you
would know very well that the action taking place in the name of Jihad everywhere in
contradiction of the meaning of Jihad as we knew, is no more than one of the many fake
images that are labelled to Islam for many reasons, and it is far away from them and

2 Who Protects Christian Arabs – by: Victor Sahab: Pg. 52.

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innocent from them. However, let's question: who are responsible for it being firmly
established and solid?
Those who hold this responsibility are those who persist to name this fake and untrue
approach "Fundamentalism" and insist on linking it to Islam by way of linking the source
to the branch and the fruit to its plant.. as persistence on naming the action as
"fundamental" and link it to Islam is a big testimonial to those who practice their
deviations, that they do not deviate from Islam and its principles at all. Hence, it contains
a justification of their deviant actions as it is described – on their full ears – as "Islamic
actions originating from the fundaments of Islam, and that is their holy message, or as
they claim or fancy.
Yes, the persistence of Western mass media to describe the recklessness prohibited
in the religion of God [Exalted be He] as fundamentalism originating from the fundaments
and essence of Islam, is the strongest praise of those who practice their recklessness
from their point of view. Thus, it contains the greater motif for them to contin ue
practicing their recklessness that are asserted by the western media that they are not
prohibited psychological recklessness, rather, actions originating from the core and
fundaments of Islam.
However, the Islamic Sharia the rulings of which revolve around a holy axis of
patronage of human rights, which did not call for Jihad if its reasons were available, but
for protecting such rights, if any, or to recover them when any infringer usurp them;
deny such recklessness and incriminate its perpetrators without any leniency, not to
mention adopting them and considering them linked to its roots and originated from the
requirements of its rules.
The fundamentalism which originates from Islam condemns any prejudice of the
position of human being and the rights granted to him by God, and it says – as cited by
God's Messenger who is the custodian on his Sharia – in Sahih Hadith, which is narrated
by Muslim, Nasai and Ahmad: (He who revolted from my Ummah against my Ummah, striking
the pious and the dissolute alike, and does not avoid its faithful and do not comply with
covenant; he is not from me).

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