Guerilla War and Terrorism Are Not Jihad

By Maulvi Yahya Nomani

(Translated from Urdu by Yoginder Sikand)

War involves terrible bloodshed and destruction. That is why any minor deviation of the proper rules of warfare can convert a jihad in the path of God into strife and chaos. It was because of this that the Prophet very clearly and explicitly laid down that if a Muslim government exists, all decisions relating to jihad must be made by it alone. Disobeying the decisions of the Muslim state in this regard is not at all permissible. There are clear instructions relating to this in the Quran and the Hadith.

In the corpus of fiqh or Muslim jurisprudence developed by the early ulema, there is not even the slightest hint of people declaring jihad without the permission of their rulers. As the famous fiqh text Kitab al-Mughni very clearly states, ‘The matter of jihad depends on the decision of the Muslim ruler’. This is why it is very clear that where a government of the Muslims exists, jihad can be conducted under its banner alone. Citizens of that state cannot engage in jihad independently of the state and without its permission. It cannot be that their state has a peace treaty with another country and, despite that, some of its citizens declare jihad against that country. That they might only do if they renounce their citizenship and do not become citizens of any regular state or if they set up a state of their own, in which case they can take decisions for themselves.

However, till they remain citizens of a regular state and either reside there or in some other country with a regular government they do not have the right to make decisions about war and peace. Under all circumstances, they will have to abide by the treaties entered into with other states by the state of which they are citizens. This is an explicit commandment of God and the Prophet Muhammad. The importance of this commandment does not in any diminish if anyone defies or ignores it.

Hence, if a group of emotionally-driven Muslims becomes a threat to the life and property of the citizens of a non-Muslim state that has diplomatic relations and peace treaties with the state of which these Muslims are citizens, it is a gross violation of the shariah, irrespective of how noble the intentions of such people may be. As long as the government of the country whose citizens we are has a peace agreement with another government, it is not at all possible to harm any citizen of that other country, not matter what complaint we might personally have against it. There is only one way for that to happen, and that is if one’s country snaps all relations and agreements with the other country.

Muslims who are citizens of a non-Muslim state or who have adopted the citizenship of such a state have, in effect, entered into an agreement to become part of that state. In accepting a common citizenship with the other, non-Muslim, citizens of that state, in effect they agree to live peacefully with, and to respect and protect the lives and properties of, all the citizens of that state. If the non-Muslim state of which they are citizens attacks a Muslim state, they can, on the basis of their rights as citizens, seek to dissuade their state from doing so, but they cannot take up arms against their state. That they can only do if they renounce their citizenship and openly declare that they have ended what is in effect their treaty with their state. Islam has clearly forbidden Muslims from causing damage to ordinary citizens of any country even in times of war. After entering into an agreement of common citizenship with non-Muslims in a particular state, this rule leaves no room at all for Muslims to engage in any such destructive acts.

Today, in the face of the sufferings and killings of Muslims in many parts of the world, a large number of Muslim youths are alienated and angry. They want to stand up to make sacrifices for their co-religionists. This feeling is understandable, and, indeed, praise-worthy, but only if it is given a proper direction and used in accordance with shariah principles, so that it can prove a major force for the reconstruction of the Muslim ummah and draw it out of stagnation and degradation. But, the aim of the shariah which God wants us to observe, is the honour of Islam and the promotion of goodness in the world. If we violate the shariah, neither can we achieve this objective, nor can we be worthy of receiving God’s help. And, this shariah has made it incumbent on Muslims to abide by the treaties they enter into with others, including with a non-Muslim state, of which they may be citizens.