Islam and violence

The use of politically and religiously-motivated violence dates back to the early history of Islam, its origins are found in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as how, when, and against whom to wage war.

Legal background

Sharia or sharia law is the basic Islamic religious law derived from the religious precepts of Islam, particularly the Quran and the opinions and life example of Muhammad (Hadith and Sunnah) which are the primary sources of sharia.John L. Esposito, Natana J. DeLong-Bas (2001),
Women in Muslim family law
', p. 2. Syracuse University Press, . Quote: " .. by the ninth century, the classical theory of law fixed the sources of Islamic law at four: the ''Quran'', the ''Sunnah'' of the Prophet, ''qiyas'' (analogical reasoning), and ''ijma'' (consensus)." For topics and issues not directly addressed in these primary sources, sharia is derived. The derivation differs between the various sects of Islam ( Sunni and Shia are the majority), and various jurisprudence schools such as Hanafi, Maliki, Shafi'i, Hanbali and Jafari.Hisham M. Ramadan (2006)
Understanding Islamic Law: From Classical to Contemporary
Rowman Altamira, , pp. 6–21 The sharia in these schools is derived hierarchically using one or more of the following guidelines: Ijma (usually the consensus of Muhammad's companions), Qiyas (analogy derived from the primary sources), Istihsan (ruling that serves the interest of Islam in the discretion of Islamic jurists) and Urf (customs). Sharia is a significant source of legislation in various Muslim countries. Some apply all or a majority of the sharia, and these include Saudi Arabia, Sudan, Iran, Iraq, Afghanistan, Pakistan, Brunei, United Arab Emirates, Qatar, Yemen and Mauritania. In these countries, sharia-prescribed punishments such as beheading, flogging and stoning continue to be practiced judicially or extrajudicially.Nisrine Abiad (2008), Sharia, Muslim States and International Human Rights Treaty Obligations, British Institute of International and Comparative Law, The introduction of sharia is a longstanding goal for Islamist movements globally, but attempts to impose sharia have been accompanied by controversy, violence, and even warfare.
The differences between sharia and secular law have led to an ongoing controversy as to whether sharia is compatible with secular forms of government, human rights, freedom of thought, and women's rights.Abdullahi Ahmed An-Na’im, "Islamic Foundations of Religious Human Rights", in ''Religious Human Rights in Global Perspective: Religious Perspectives'', pp 351–56 (John Witte Jr. & Johan D. van der Vyver eds., 1996).Hajjar, Lisa. "Religion, state power, and domestic violence in Muslim societies: A framework for comparative analysis." ''Law & Social Inquiry'' 29.1 (2004); pp. 1–38

Types of violence

Islam and war

The first military rulings were formulated during the first hundred years after Muhammad established an Islamic state in Medina. These rulings evolved in accordance with the interpretations of the Quran (the Muslim Holy scriptures) and Hadith (the recorded traditions of Muhammad). The key themes in these rulings were the justness of war (see Justice in the Quran), and the injunction to jihad. The rulings do not cover feuds and armed conflicts in general. The millennium of Muslim conquests could be classified as a religious war.

Some have pointed out that the current Western view of the need for a clear separation between Church and State was only first legislated into effect after 18 centuries of Christianity in the Western world."Separation of Church and State: In the West and Under Sharia"
By Immanuel Al-Manteeqi. Counter Jihad. 17 August 2016. Downloaded 1 March 2017. While some majority Muslim governments such as Turkey and many of the majority Muslim former Soviet republics have officially attempted to incorporate this principle of such a separation of powers into their governments, yet, the concept somewhat remains in a state of ongoing evolution and flux within the Muslim world.
Islam has never had any officially recognized tradition of pacifism, and throughout its history, warfare has been an integral part of the Islamic theological system.Lews, Bernard, Islam and the West, Oxford University Press, 1993, pp. 9–10 Since the time of Muhammad, Islam has considered warfare to be a legitimate expression of religious faith, and has accepted its use for the defense of Islam. During approximately the first 1,000 years of its existence, the use of warfare by Muslim majority governments often resulted in the de facto propagation of Islam.

The minority Sufi movement within Islam, which includes certain pacifist elements, has often been officially "tolerated" by many Muslim majority governments. Additionally, some notable Muslim clerics, such as Abdul Ghaffar Khan have developed alternative non-violent Muslim theologies. Some hold that the formal juristic definition of war in Islam constitutes an irrevokable and permanent link between the political and religious justifications for war within Islam. The Quranic concept of ''Jihad'' includes aspects of both a physical and an internal struggle.

Jihad

Jihad () is an Islamic term referring to the religious duty of Muslims to maintain the religion. In Arabic, the word ''jihād'' is a noun meaning "to strive, to apply oneself, to struggle, to persevere". A person engaged in jihad is called a ''mujahid'', the plural of which is ''mujahideen'' (). The word ''jihad'' appears frequently in the Quran, often in the idiomatic expression "striving in the way of God ''(al-jihad fi sabil Allah)''", to refer to the act of striving to serve the purposes of God on this earth., ''Jihad''., ''Jihad''. According to the classical Sharia law manual of Shafi'i, Reliance of the Traveller, a Jihad is a war which should be waged against non-Muslims, and the word Jihad is etymologically derived from the word mujahada, a mujahada is a war which should be waged for the purpose of establishing the religion. Jihad is sometimes referred to as the sixth pillar of Islam, though it occupies no such official status. In Twelver Shi'a Islam, however, jihad is one of the ten Practices of the Religion.

Muslims and scholars do not all agree on its definition. Many observers—both Muslim and non-Muslim—as well as the ''Dictionary of Islam'', talk of jihad having two meanings: an inner spiritual struggle (the "greater jihad"), and an outer physical struggle against the enemies of Islam (the "lesser jihad") which may take a violent or non-violent form. Jihad is often translated as "Holy War",Rudolph Peters, ''Jihad in Medieval and Modern Islam'' (Brill, 1977), p. 3 although this term is controversial. According to orientalist Bernard Lewis, "the overwhelming majority of classical theologians, jurists", and specialists in the hadith "understood the obligation of jihad in a military sense." Javed Ahmad Ghamidi states that there is consensus among Islamic scholars that the concept of jihad will always include armed struggle against wrongdoers.

According to Jonathan Berkey, jihad in the Quran was maybe originally intended against Muhammad's local enemies, the pagans of Mecca or the Jews of Medina, but the Quranic statements supporting jihad could be redirected once new enemies appeared. The first documentation of the law of Jihad was written by 'Abd al-Rahman al-Awza'i and Muhammad ibn al-Hasan al-Shaybani.

The first forms of military Jihad occurred after the migration (hijra) of Muhammad and his small group of followers to Medina from Mecca and the conversion of several inhabitants of the city to Islam. The first revelation concerning the struggle against the Meccans was surah 22, verses 39–40:
The main focus of Muhammad's later years was increasing the number of allies as well as the amount of territory under Muslim control.David Cook, ''Understanding Jihad''; University of California Press: CA, 2005

According to Richard Edwards and Sherifa Zuhur, offensive jihad was the type of jihad practiced by the early Muslim community, because their weakness meant "no defensive action would have sufficed to protect them against the allied tribal forces determined to exterminate them." Jihad as a collective duty (''Fard Kifaya'') and offensive jihad are synonymous in classical Islamic law and tradition, which also asserted that offensive jihad could only be declared by the caliph, but an "individually incumbent jihad" (''Fard Ayn'') required only "awareness of an oppression targeting Islam or Islamic peoples."

Tina Magaard, associate professor at the Aarhus University Department of Business Development and Technology, has analyzed the texts of the 10 largest religions in the world. In an interview, she stated that the basic texts of Islam call for violence and aggression against followers of other faiths to a greater extent than texts of other religions. She has also argued that they contain direct incitements to terrorism.

According to a number of sources, Shia doctrine taught that jihad (or at least full scale jihad) can only be carried out under the leadership of the Imam (who will return from occultation to bring absolute justice to the world). However, "struggles to defend Islam" are permissible before his return.Kohlberg, Etan, "The Development of the Imami Shi'i Doctrine of Jihad." ''Zeitschrift der Deutschen Morgen Laendischen Gesellschaft'', 126 (1976), pp. 64–86, esp. pp. 78–86

=Caravan raids

=

Ghazi () is an Arabic term originally referring to an individual who participates in Ghazw (), meaning military expeditions or raiding; after the emergence of Islam, it took on new connotations of religious warfare. The related word Ghazwa () is a singulative form meaning a battle or military expedition, often one led by Muhammad.

The Caravan raids were a series of raids in which Muhammed and his companions participated. The raids were generally offensive and carried out to gather intelligence or seize the trade goods of caravans financed by the Quraysh. The raids were intended to weaken the economy of Mecca by Muhammad. His followers were also impoverished. Muhammad broke an Arab tradition of not attacking one's own kinsmen by raiding caravans.

Quran

Islamic Doctrines and teachings on matters of war and peace have become topics of heated discussion in recent years. Charles Matthews writes that there is a "large debate about what the Quran commands with regard to the 'sword verses' and the 'peace verses'". According to Matthews, "the question of the proper prioritization of these verses, and how they should be understood in relation to one another, has been a central issue for Islamic thinking about war." According to Dipak Gupta, "much of the religious justification of violence against nonbelievers (Dar ul Kufr) by the promoters of jihad is based on the Quranic "sword verses".
The Quran contains passages that could be used to glorify or endorse violence.Sam Harri
"Who Are the Moderate Muslims?"
/ref>

On the other hand, other scholars argue that such verses of the Qur'an are interpreted out of context,Sohail H. Hashmi, David Miller,
Boundaries and Justice: diverse ethical perspectives
', Princeton University Press, p. 197Khaleel Muhammad, professor of religious studies at San Diego State University, states, regarding his discussion with the critic Robert Spencer, that "when I am told ... that Jihad only means war, or that I have to accept interpretations of the Qur'an that non-Muslims (with no good intentions or knowledge of Islam) seek to force upon me, I see a certain agendum developing: one that is based on hate, and I refuse to be part of such an intellectual crime." Micheline R. Ishay has argued that "the Quran justifies wars for self-defense to protect Islamic communities against internal or external aggression by non-Islamic populations, and wars waged against those who 'violate their oaths' by breaking a treaty". and British orientalist Gottlieb Wilhelm Leitner stated that jihad, even in self-defence, is "strictly limited".

However, according to Oliver Leaman, a number of Islamic jurists asserted the primacy of the "sword verses" over the conciliatory verses in specific historical circumstances. For example, according to Diane Morgan, Ibn Kathir (1301–1372) asserted that the Sword Verse abrogated all peace treaties that had been promulgated between Muhammad and idolaters.

Prior to the Hijra travel Muhammad non-violently struggled against his oppressors in Mecca.Boulding, Elise. "Cultures of Peace: The Hidden Side of History", p. 57 It wasn't until after the exile that the Quranic revelations began to adopt a more defensive perspective.Howard, Lawrence.
Terrorism: Roots, Impact, Responses
, p. 48 From that point onward, those dubious about the need to go to war were typically portrayed as lazy cowards allowing their love of peace to become a fitna to them.Churchill, Robert Paul. "Interpreting the Jihad of Islam: Muslim militarism vs. Muslim pacifism", 1995

Hadiths

The context of the Quran is elucidated by Hadith (the teachings, deeds and sayings of Muhammad). Of the 199 references to jihad in perhaps the most standard collection of hadith— Bukhari—all refer to warfare.Muhammad ibn Isma'il Bukhari, The Translation of the Meaning of Sahih al-Bukhari, trans. Muhammad Muhsin Khan, 8 vols. (Medina: Dar al-Fikr: 1981), 4:34–204. Quoted in

= Quranism

=

Quranists reject the hadith and only accept the Quran. The extent to which Quranists reject the authenticity of the Sunnah varies,Richard Stephen Voss
Identifying Assumptions in the Hadith/Sunnah Debate
19.org, Accessed 5 December 2013 but the more established groups have thoroughly criticised the authenticity of the hadith and refused it for many reasons, the most prevalent being the Quranist claim that hadith is not mentioned in the Quran as a source of Islamic theology and practice, was not recorded in written form until more than two centuries after the death of Muhammed, and contain perceived internal errors and contradictions.Aisha Y. Musa
The Qur’anists
Florida International University, accessed 22 May 2013.

Ahmadiyya

According to Ahmadi belief, Jihad can be divided into three categories: ''Jihad al-Akbar'' (Greater Jihad) is that against the self and refers to striving against one's low desires such as anger, lust and hatred; ''Jihad al-Kabīr'' (Great Jihad) refers to the peaceful propagation of Islam, with special emphasis on spreading the true message of Islam by the ''pen''; ''Jihad al-Asghar'' (Smaller Jihad) is only for self-defence under situations of extreme religious persecution whilst not being able to follow one's fundamental religious beliefs, and even then only under the direct instruction of the Caliph. Ahmadi Muslims point out that as per Islamic prophecy, Mirza Ghulam Ahmad rendered Jihad in its military form as inapplicable in the present age as Islam, as a religion, is not being attacked militarily but through literature and other media, and therefore the response should be likewise. They believe that the answer of hate should be given by love. Concerning terrorism, the fourth Caliph of the Community writes:

Various Ahmadis scholars, such as Muhammad Ali, Maulana Sadr-ud-Din and Basharat Ahmad, argue that when the Quran's verses are read in context, it clearly appears that the Quran prohibits initial aggression, and allows fighting only in self-defense.Ali, Maulana Muhammad; The Religion of Islam (6th Edition), Ch V "Jihad" p. 414 "When shall war cease". Published by '' The Lahore Ahmadiyya Movement

/ref>Sadr-u-Din, Maulvi. "Quran and War", p. 8. Published by The Muslim Book Society, Lahore, Pakista

/ref>The Quranic Commandments Regarding War/Jihad
An English rendering of an Urdu article appearing in Basharat-e-Ahmadiyya Vol. I, pp. 228–32, by Dr. Basharat Ahmad; published by the Lahore Ahmadiyya Movement for the Propagation of IslamAli, Maulana Muhammad. ''The Religion of Islam'' (6th Edition), Ch V "Jihad". pp. 411–13. Published by The Lahore Ahmadiyya Movement
link
/ref>

Ahmadi Muslims believe that no verse of the Quran abrogates or cancels another verse. All Quranic verses have equal validity, in keeping with their emphasis on the "unsurpassable beauty and unquestionable validity of the Qur'ān". Yohanan Friedmann, Friedmann, ''Jihād in Ahmadī Thought'', , p. 227 The harmonization of apparently incompatible rulings is resolved through their juridical deflation in Ahmadī ''fiqh'', so that a ruling (considered to have applicability only to the specific situation for which it was revealed), is effective not because it was revealed last, but because it is most suited to the situation at hand.

Ahmadis are considered non-Muslims by the mainstream Muslims since they consider Mirza Ghulam Ahmad, founder of Ahmadiyya, as the promised Mahdi and Messiah. In a number of Islamic countries, especially Sunni-dominated nations, Ahmadis have been considered heretics and non-Muslim, and have been subject to various forms of religious persecution, discrimination and systematic oppression since the movement's inception in 1889.

Islam and crime

The Islamic criminal law is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law." It divides crimes into three different categories depending on the offense – ''Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths); ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths); and ''Tazir