INTRODUCTION
The term ‘Islamic Thought’ is being increasingly repeated nowadays in the various fields of Islamic, studies and research, reaching the extent of almost threatening to replace the term ‘Islamic sciences’. To my mind, any educated person will not fail to tell the great difference between the two expressions.
Islamic Thought includes all scholarly and educational endeavours which recognize any aspect of the core and truth of Islam; it also includes all personal imaginations of the scholars, whether these imagining are sound or shallow, true or false. The outcome of all these studies which is represented in articles, lectures, or debates can all be called, though variant, ‘Islamic Thought’. On the other hand, ‘Islamic Sciences’ mean all that Islam comprises, by faith, beliefs, regulations, texts referring to these sciences; the criteria of conviction are familiar in the rules of the science fundamentals of fiqh (Islamic jurisprudence).
It is necessary, however, to explain here that to be convinced by something means to rely on and adopt this thing. Independent judgement is to be involved; this judgement, though perceived by insight, is convincing because of the rule of judging assumed by necessity by the legist formulating independent judgement of those who would like to follow it. If this difference (between ‘Islamic Thought’ and ‘Islamic Science’) has become clear, I will repeat that the various activities of ‘Islamic Thought’ have spread recently and have almost succeeded in taking the place of ‘Islamic Sciences’. Today, most of those who dedicate themselves to studying Islamic cases and problems follow various superficial readings; and come up with individual ideas and concepts acquired through these readings, regardless whether or not these ideas and concepts agree with the facts of Islam which have been revealed through its sciences and authentic texts.
Of course, it is not difficult to gain specific individualistic notions about Islam, as this does not require any effort, diligence or even research: any reading of the current media, or any superficial outlook can yield abundant ideas about Islam, regardless whether these ideas are true or false. To realize the reality of Islam as it really is, in its dogmas and rules, is hard indeed, because it requires some accurate study of some Islamic sciences; assimilating them; and connecting them with their sources from the authentic texts and the realization of the bases of text analysis.
Unfortunately, most of those who glorify Islam today and express their admiration for it depend for this upon the enlightened ideas they have imagined and acquired according to their background; deduced through various unauthenticated means. In a similar way, many of those who criticize or find Islam's rules and principles problematic, depend for this on misconceived ideas they have imagined according to the precepts; again, through unreliable sources. Both these groups would sometimes give rein to their own imagination, caring nothing about the canons of the fixed, scientific truth of Islam; usually giving bias to whimsical notions. The dividing line between the ideas supporting Islam and the ones opposing it becomes very thin indeed; so as the saying goes ‘better an open enemy than a false friend’. Hence, the conflict -between native Islamic thoughts endorsing Islam and Islamic thoughts refuting it- is an ever continuing one because each party derives its ideology from a distinctively individualistic background and not from the reality and truth of this religion.
One such major issue to arouse controversy among the various Islamic groups of committed and uncommitted Muslims is the ideology of Jihad (Holy War in Islam). Recently, I have become extremely conscious of this problem about Jihad and have given it long thought after discussing it, along with violence and free thinking, with a brother-in Islam, Mr. Jawdat Sa'id. He, humbly and in rare sincerity said, “Intellectually, I am satisfied with what I say [about Jihad] but I lack the jurisprudential proof upon which to depend and quench this satisfaction.” This honest to Allah declaration draws one's attention to a very big and wide-ranging dilemma in our Islamic life today. That is briefly, the problem of people's replacement of the knowledge of the Islamic facts with Islamic thoughts; their lacking of the Islamic fixed rules of fiqh. It is a formidable task indeed, to try to change this paradox.
I have, since then, mustered my efforts to produce a book which endeavours to make explicit the truth of Islamic Jihad, its kinds, aims and regulations through the presentation of the rules of fiqh agreed upon by the majority (if not all) of Muslim ‘ulama’ (Jurists, hadith collectors, Qur'anic commentators, or even theologian scholars); and supplying the evidence to these rules from the authentic religious Texts; also from the total original elements of the bases of fiqh. Presenting this, I do not claim to play any intellectually biased role, except when needed for explanation or clarification.
What also encouraged me was my belief that the conflict we witness today between the diverse Islamic ideas can only be resolved by one thing: thoughts should give way to reliable precepts of fiqh which are adopted by the majority of Muslim ‘ulama’; and vindicated by its clues and authentic Textual sources.
As a result and by praise of Allah, and His Care, I, in my accustomed way, have completed this book with the aim of solving this predicament about Jihad. I hope it makes an end to the dispute over this broad and serious topic. In it, I have not followed any ideological outlook to compete .with an already existing one; rather, I have placed the indisputable criteria of fiqh as a just medium, so that, hopefully, these criteria give an end to the long-term dispute of self-opposing ideas about Jihad.
All true Muslims do understand that Islam has its everlasting settled derivations of fruitful scientific bearings embodied in the rules of fiqh which had been compiled, from its detailed clues, with complete accuracy by reputable scholars and laid down with ijma (consensus) of the majority of 'ulama'. Any Muslim who understands all these precepts will certainly submit to them all without any self imaginations or fleeting ideas. However, he who gives no regard to the Islamic ordinances and their authenticity; and takes Islam to be no more than a group of random ideas adopted by common people, then this kind of person does not belong, in any way, to the Islam Allah has bestowed upon His people. This kind of person does not believe in the commandments Allah has bestowed upon His people to understand and abide by. This person is the one who follows nothing but his own 'thoughts' which he tries to publicize among people under the name of Islam which he believes to be as nothing but a shadow of these imaginative ideas he possesses.
On our part, we know of no Islam symbolized in a group of paradoxical fictional self-conflicting thoughts- this is something nonsensical and illogical. The kind of Islam we have firmly embraced is man's obedience to Allah's Word through contemplation, comprehension, conduct and, as a result, through practice. Allah's address to Man has ever existed clearly; hence, it is to be followed and obeyed: the role of Man's intellect here becomes confined within the limits of realization and comprehension.
The simple complaint from the brother-in-Islam I have mentioned above, has drawn my attention, among many things, to the other side of the problem: the extent to which Islamic Intellectuals have avoided, wholly or partially, the scientific study of Islam through the reliable rules of fiqh and/or tbe original roots incorporated in the Method of Text Interpretation. Instead, these Islamic students have dedicated themselves mainly to the reading of the common cultural, historical, literary, and sociological texts. Clearly, these references do not provide their reader with any legitimate Islamic rules.
In every ten Islamic intellectuals, you will hardly find more than two who study Islam according to its original sources (mentioned above); the other remaining eight would rely on secondary sources. No matter how scholarly and knowledgeable this latter group of scholars might be, it is unlikely that they will ever be able to face the various challenges confronting Islam and Muslims today. Strangely enough, we find some of these Muslim intellectuals seeking unrightfully for answers to certain jurisprudential queries in certain historical events, biographies, or even in the literary conventions of the nation. How does that happen! How is it that the reality of human life which is full of good and bad; virtue and vice becomes the source of knowledge of a legal religious rule, or how does it become a key to solve a jurisprudential case! With reference to these concepts some others even tried to throw doubt upon the total system of Islam, as if religion is nothinghut people's bad and good records.
I came across an author who was trying to deal with some Islamic problems through what she called An Outlook into the History of the Muslims: from Beginning to End. I was surprised by her claims that certain virtuous episodes of our own history were instigated as a means to overcome the indispositions of our Islamic nation and took over, instead, the place of the true knowledge of Allah's legislation, His borders of what is permissible and unpermissible, and the legal limits of His Religion.
Let us assume that an Islamic character like Khalid ibn al-Walid (or any other Islamic warrior) was, as accused, too excessive on his battlefields. What restoration is likely to result from this accusation now? Isn't it better, in such a case, to refer to the natural sources of shari’ah (the canonical law of Islam) and think only of Allah's treatise in cases like these killings. Only then, shall we be able to understand Allah's legitimate rule; and the degree to which Muslims are allowed to resist the enemy, regardless of the actions of those who followed this rule or refuted it.
All Muslims are supposed to call people to Allah, but when we discover that some Muslims try to consider specific incidents in history as alternatives for the just legislations of the Islamic law, then there is no big difference between these Muslims and Islam's true adversaries (who wish Islam to meet with disaster). Both these Muslims and adversaries of Islam, elaborate upon some sad misfortunes in ancient Islamic history.
I have always wondered, sadly, until when will 'Umar ibn al-Khattab remain guilty in the eyes of so many Islamic intellectuals, who accuse him of modifying the Islamic Law in the Year of Famine when he suspended both the legal punishment for stealing (amputation of the hands of the thieves), and the distribution of alms for those ‘whose hearts have been recently reconciled to Truth’ (as mentioned in the Holy Qur'an); also by his varying the endowment to the sahabah (companions of the prophet)? All books of shari'ah, old or new, prove this Islamic leader guiltless and innocent of this wrong charge; they confirm authentically the fact that 'Umar was merely following the orders of Islamic Texts scrupulously.
In talking about this incident, I draw attention to the sad state of our Islamic cultural life nowadays. The overriding reason behind Umar's impeachment, though proved innocent through all scientific proofs, is because the majority of the educated Muslims acquire their knowledge of Islam through its intellectual and not authenticated books. In the stockpile of trite publications of intellectual books, it is hard to find a sensibly logical accusation of the second Caliph. Books of this kind are good for nothing but virulent propaganda. Anyone of the few well-educated Muslims will never harken to these references; rather, he is bound to investigate this religion in the natural way, through the proper teachings and authentic sources of fiqh and shari'ah.
My aim and hope of this book is to urge all educated people to transform their knowledge about Islam from the generally intellectual and cultural sources to the direct derivation from the domain of Islamic rules of fiqh, based upon the systematic principles and in one of the most serious and sensitive rituals that concern Muslims today, that is the issue of Holy War in Islam.
The rules of Jihad are innumerable and its subdivisions are manifold. In this book I am handling only the most controversial aspects, because they involve no small number of Muslims or Islamists. What is going to be discussed here, about Jihad, is what has been formulated in people's minds, Muslims and non-Muslims alike. The book will not, however, include the rules of loot and booty (in war), nor shall it explore the ordinances related to the prisoners of war and Islam's policy towards them... Of course, the rules for these latter affairs must always be kept in mind, and we are supposed to be knowledgeable about them; yet they do not form a significant issue today or create an important case worthy of being studied.
By Allah's Grace, I hope this book will put an end to a period of fruitless debate about Jihad, its problems and various elements at this crucial time we live in. I also wish that the extremists embark on the truthful and clear destination to which the Prophet (Peace be upon him) has guided us before, and commanded us to follow. My hope is that no longer will there be complaints about the law of Jihad; that it will be taken to be a stereotype of shackles used for chaining people and directing them whimsically, and not as Allah ordained.
I also hope that this reference will be a good guidance for people to distance themselves from the vaguely conflicting notions about Islam and move as close as possible to the explicitly insighting factual rules of Islamic fiqh, its origins and sources. May Allah make us all achieve what He ordains; praise be to Him in this life and the Hereafter, Cherisher of good living and Sustainer of success in life.
May Allah make us all achieve what He ordains; praise be to Him in this life and the Hereafter, Cherisher of good living and Sustainer of success in life.
