Rules
of jihad, war and fighting
Jihad means to strive, specifically to strive for the sake of God, to make an effort that He will be pleased with. It can include spiritual self-improvement, spending for the sake of God, or preaching the message of Islam, or fighting a just war.
Jihad does not mean "Holy War”, only the Christian word "Crusade" has that meaning. A war of jihad has to be a just war, only allowed under certain conditions for certain reasons, and only by the command of those with the authority to declare war.
A war to seize another country's land or resources, or to enslave its people, or to forcibly convert them is not jihad.
Wars of jihad can be fought in self-defense. They can also be fought to protect the oppressed, to stop persecution and oppression. Every effort must first be made to resolve the matter peacefully, but with justice and fairness, and the use of force is only a last resort.
During fighting, strict rules of not harming non-combatants must be observed. Women, children and non-combatants may not be targeted even in the heat of battle, not even on a battlefield. Weapons like bombs and missiles may not be used on civilian areas because they do not discriminate between soldier and civilian.
Every Muslim community and nation should have a leader appointed by consultation with the people and by the will of the people. (Quran 42:38) (Quran 3:159)
Since Islam does not have a clergy, and is not a theocracy, the leader is from the people. Muslim nations whose leaders are not appointed by the people or the representatives of the people are not Islamic in this aspect. Islamic democracy has some significant differences from Western democracy. Islam is the only religion that includes consultation with the people in people's affairs, the most important matter being that of government and leadership.
Only the leader of a nation can make the declaration of war of jihad, in consultation with his counselors who represent the people. The decision is the leader's, after consultation.
No other individual or even religious leader has the authority to mobilize a nation in a call for a war of jihad against another nation.
An example is the Prophet’s consultation with people before the battle of Badr before he made the decision to go to war.
Full citizenship in a state based on religion requires the citizen to have allegiance to the religion as well as to the state.
Followers of other religions would have rights similar to resident aliens in the US, who do not have full citizenship rights, even though they pay taxes, and also do not have the full set of responsibilities of citizens.
Maintain military strength as a deterrent to enemies who might attack you if they think you are weak. (Quran 8:60)
There are different states of war and peace between nations: peace without a treaty, peace with a treaty, a state of hostility without declaration of war, and a state of declared war.
Peace may exist without a treaty with an enemy who has not made war and has not driven people out of their homes.
For example, between the US and Britain exists a peace without a signed treaty. An example of hostility without declaration of war was pre-war Germany under Hitler.
Muslims must verify information before taking decision on making war or revoking a peace treaty, not act on doubtful information. (Quran 49:6)
It is not permitted to make war on people if they have acted peacefully, have not made war against you, have not driven you out of your homes, and are not oppressing or persecuting others, even if they are enemies and do not have a peace treaty with you.
Muslims are commanded to be kind and just to enemies if they do not fight you and have not driven you out of your homes (Sura 60:7-9)
If the other nation has signed a peace treaty and are implementing it sincerely, it is not permitted to make war against them.
Muslims are required to fight to defend themselves, not to be afraid to fight to defend selves and others, even if do not like fighting..
Fight those who fight you, but do not transgress limits (Quran 2:190-194)
Fight is war is made against you, if you are driven out of your homes (Quran 22:39-40)
Fight if rights are violated and freedom to practice religion is taken away forcibly. (Quran 22:39-40)
Muslims living under oppression are commanded to migrate, if within their capacity
Muslims are commanded to fight to help the oppressed and persecuted who can not migrate, and who ask for help against oppressors.
Fight those who oppress and persecute others: (Quran 4:75-76)
A Muslim state could be attacked by a belligerent nation which has not signed peace treaty, and has made war or driven Muslims out of their homes.
If there is no peace treaty, and the other nation is aggressive, belligerent, and threatening, feels free to attack, then war can be made against that nation, if it is felt necessary.
The unwillingness to sign a peace treaty is indicative of the potential of war. Past and present behavior should be taken into account as an indicator of the potential for future attacks and war..
If enemy inclines towards peace, trust in God and make peace, take the risk that the enemy may be deceiving (Quran 8:61-62)
Cease fighting if the enemy stops oppression.
(Quran 2:193)
If the other nation violates terms of the peace treaty, the treaty becomes void. War may then be permissible.
Muslims must honor oaths and treaties and may not deliberately violate a peace treaty.
Those who violate a treaty, or side with the enemy during war in spite of treaty, or commit treason, can be punished with death or exile
Some of the pagan polytheists had made war against Muslims and driven Muslims out of their homes. They had tortured, killed, persecuted and oppressed Muslims, violated treaties, made war, fought several battles against the Muslims.
Permission to fight, kill, besiege and capture the ones who violated treaties and repeatedly attacked was given because of they would not stop attacks, using treaties to gain time and then reattack. (Quran 9:1-3, 5, 8-14), (Quran 9:36)
Those polytheists who had not violated their treaties and had not helped the enemies were safe from attack. (Quran 9:4, 7)
Non-Muslims, including Jews and Christians, living in Muslim countries must submit to laws of the land and the authority of the state, and may not set up their religious state within the Muslim state. They must pay jizya tax in return for protection from foreign enemies, which also exempts them from military service. (Q 9:29)
Fight renegades unless they join group with whom you have peace treaty, or offer peace and withdraw and do not fight you. If they keep fighting you, kill them. (Quran 4:88-91)
If two groups of Muslims quarrel, other Muslims should make peace between them
If a group of Muslims oppresses another group of Muslims, fight it collectively till it ceases oppression, and make peace with justice. (Quran 4:9-10)
Non-combatants, men, women and children may not be killed or attacked deliberately even in battle on a battlefield, and may not be deliberately targeted, nor weapons used which kill indiscriminately. (Abu Dawood 1103, 1127)
It is not permitted to deliberately target non-combatants, civilians, like women, children, elderly, clergy. Any Muslim who kills innocents, even in battle, is disobeying the commands of God and Muhammad, and would be held accountable and would incur punishment. Correspondingly, non-Muslims who use bombs and missiles on civilian areas, knowing that innocent civilians will be killed are considered criminals, and would be held accountable. To dismiss deaths of civilians as “collateral damage” does not mitigate the criminality of the act.