The PPK Muslims (Proud, Practicing, Knowledgable) : June 2018

THE FACTS AND FOLLIES OF QITAL IN ISLAM
AND
DEALINGS OF MUSLIMS WITH NON-MUSLIMS

ABSTRACT

“As for such [of the unbelievers] as do not fight against you on account of [your] faith, and neither drive you forth from your homelands, God does not forbid you to show them kindness and to behave towards them with full equity: for, verily, God loves those who act equitably. God only forbids you to turn in friendship towards such as fight against you because of [your] faith, and drive you forth from your homelands, or aid [others] in driving you forth: and as for those [from among you] who turn towards them in friendship; it is they, they who are truly wrongdoers!”

These two ayahs go a long way in smashing the common notion—both among Muslims and non-Muslims—that Islam forbids it followers good relations and friendship with non-Muslims. This false impression, though has some basis on mistaken understanding of some verses of the Quran. For example, earlier in this Surah Al-Mumtahanah the Muslims are instructed to sever relations with the disbelievers and strictly prohibited to maintain any friendship or intimacy with non-believers, even if they were their close relatives. Is this restriction because of their Faith? No, certainly not. The index ayahs spell out the reasons clearly and emphatically. Muslims are allowed cordial relations with the Mushrekeen if they refrained from religious fighting and secondly did not force Muslims out of their homes. They are allowed even encouraged to maintain friendly and just relations with such people, treating them fairly, giving them all their due. The second ayah reinforces this point by focusing on the opposite situation. It declares in no uncertain terms “God only forbids you to turn in friendship towards such as fight against you because of [your] faith, and drive you forth from your homelands, or aid [others] in driving you forth”. We are told to fight them “only if they are rampant and out to destroy us and our Faith”. It is not their disbelief but their animus to Islam and the wild treatment of its followers that justifies fighting them. It is noteworthy that the ayah specifically speaks of قاتَلوكُم فِي الدّينِ specifying “deen” as the cause for their fight. Any familial, tribal or national strife cannot and will not be regarded as a war in the path of Allah.

For a proper perspective on Qitaal in Islam, the article picks up another ayah which has been labelled by some early commentators as “the ayah of swords”³

“And so, when the sacred months are over, slay those who ascribe divinity to aught beside God wherever you may come upon them, and take them captive, and besiege them, and lie in wait for them at every conceivable place! Yet if they repent, and take to prayer, and render the purifying dues, let them go their way: for, behold, God is much-forgiving, a dispenser of grace”.

To comprehend this ayah properly, according to the outstanding research scholar and mentor Javed Ahmed Ghamdi and his Ustaad Imam Amin Ahsan Ilahi we need to highlight a Sunnate Ilahi which we read often in the Quran but tend to glance over its relevance and significance. Once a Rasool from Allah Ta’aala is sent to a people, they are ultimately left with only two options after he has completed and delivered his mission: Accept him and his religion or be Destroyed. This Sunnah is loud and clear in the fate of people of six Prophets narrated in our Holy Book. These communities were annihilated by Divinely ordained calamity or disaster. God Almighty informs un in the Quran that HE has changed HIS strategy this time. There will not be any Divine catastrophe. Instead the rejectors of HIS adored Messenger will be annihilated by the swords of the Believers. The index ayah is the official announcement of this Divine judgement and ruling. Following a period of warning, the non-believers are given two options: accept Islam and prove it by offering salaat and paying zakaat or face the swords of Muslims. I understand a third choice of leaving Arabia was implicit. This ayah therefore had a ONE TIME application by our Holy Prophet. It cannot be invoked anymore by anybody else at any time or any place.

As I have discussed in earlier blogs that there is a strong Islamic scholarly opinion and conviction, that do not subscribe to this interpretation of the ayah described hitherto. They maintain that the success of Islam in Arabia was the result of a revolution by the person of Mohammed SAW. Now it is imperative, according to them on the succeeding Muslims to spread this revolution across the planets so that Muslims can establish there sovereignty over this world. Maulana Maudoodi, is a pioneer and stalwart of this approach. He has propagated a forceful and aggressive political strategy in the explanation of these ayahs. He asserts “They should be forced to pay jizyah in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land…… while they should become their subjects………at first this command applied only to the Jews and the Christians. Then the Prophet (peace be upon him) himself extended it to the Zoroastrians also. After his death, his companions unanimously applied this rule to all the non Muslim nations outside Arabia”.

“Fight those who believe not in God nor the Last Day, nor hold that forbidden which hath been forbidden by God and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizyah1 with willing submission, and feel themselves subdued”.

The first penalty is payment of Jizyah. The term jizyah⁵, occurs in the Qur'an only once. Jizyah is a poll tax or an exemption tax from military service and in compensation for the "covenant of protection”

(dhimma) accorded to such citizens by the Islamic state. The second punishment mentioned is عَن يَدٍ i.e. give jizyah with their hands. The literal meaning offers no problem. The scholars however read deeper meaning in this phrase. The last retribution inflicted on the ehle kitab is وَهُم صاغِرونَ and they are “sageroon”. It is mostly interpreted as “feel themselves subdued”.

June 25, 2018

Read ONLY, IF AND WHEN you have time and mood for:

“An Ayah of the Quran for 30 Days” -- June 2018

Choose the section you have time, in the next 30 days to read this ayah:-

Prelude: Recurrent Primary Message 1st. Page

Starting Dua, a note & The Ayah 2nd. Page

A Short Summary: For the Busy Bee Two + Pages

The Main Story: Recommended Five Pages

Footnotes: For the Perfectionist Two Pages

PRELUDE

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this generates a fruitful interactive discussion.

DUAA’

بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ

In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.

Further, we recall that Allah Ta’aala has declared in HIS Book¹

“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”

and we also recollect that he has warned us about the day of judgement²

“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”

We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but in matters religion we choose to

resort to blind following -- taqleed, doctrine of classical Sunni Islamic Fiqh.

(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main text will then be of reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)

THE AYAH

Surah Al-Mumtahanah (No. 60), Ayah 8/9

لا يَنهاكُمُ اللَّهُ عَنِ الَّذينَ لَم يُقاتِلوكُم فِي الدّينِ وَلَم يُخرِجوكُم مِن دِيارِكُم أَن تَبَرّوهُم وَتُقسِطوا إِلَيهِم ۚ إِنَّ اللَّهَ يُحِبُّ المُقسِطينَ إِنَّما يَنهاكُمُ اللَّهُ عَنِ الَّذينَ قاتَلوكُم فِي الدّينِ وَأَخرَجوكُم مِن دِيارِكُم وَظاهَروا عَلىٰ إِخراجِكُم أَن تَوَلَّوهُم ۚ وَمَن يَتَوَلَّهُم فَأُولٰئِكَ هُمُ الظّالِمونَ

A SHORT VERSION

“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i

I am sure you would enjoy reading the famous scholar Sayyid Qutb endorsing this view. He first clearly declares …………

It should be noted that this verse does not deny justice and kind treatment even to the hostile unbelievers; intimacy is forbidden. Mufti Mohammed Shafi declares…………..

Imam Amin Ahsan Islahi calls attention to a subtlety…………

Dr. Mohammed Asad emphasizes, on the authority of Zamakhshari that the expression "God does not forbid you’" is not merely a permission hut implies in this context a positive exhortation. In other words “the Qur'an explicitly permits and implicitly ordains it”.

“This rule about how to treat non-Muslims is most fair and fits with the nature of Islam and its outlook on human life and on the universe as a whole” asserts Sayyid Qutb. He later pronounces that “This rule fits perfectly with the overall Islamic concept, which makes the only bone of contention between them and their opponents that of faith.” I would like my readers to focus on phrases like “the nature of Islam”, “its outlook on human life” and “overall Islamic concept”. As s/he is studying the Holy Quran, the Books on Seerah (biographies of our beloved Prophet), the hadith and traditions, the lives of the Sahaabaa and Islamic History s/he must try and get a clear idea and broad picture of the message and teaching of our great faith. Islam has a temperament and a character. These must be clearly and consciously in the background whenever interpreting a hadith or a tradition (riwaayah). Failure to do that has resulted in undesirable slants and twists in our simple Deen.

Finally the astute scholar Sayyid Qutb has drawn a very significant and far-reaching political and practical principle for a Muslim government from these ayahs ……………

So much on this ayah. However, for a proper perspective on Qitaal in Islam, let us discuss an ayah which has been labelled by some early commentators as “the ayah of swords”³

To comprehend this ayah properly, according to the outstanding research scholar and mentor Javed Ahmed Ghamdi and his Ustaad Imam Amin Ahsan Ilahi we need to highlight a Sunnate Ilahi which we read often in the Quran but tend to glance over its relevance and significance. Once a Rasool from Allah Ta’aala is sent to a people, they are ultimately left with only two options after he has completed and delivered his mission: Accept him and his religion or be Destroyed. This Sunnah is loud and clear in the fate of people of six Prophets narrated in our Holy Book viz. Nooh, Hood for the people of Aad, Saleh for people of Samood; These three prophets preceded Prophet Ibrahim. After the great patriarch, followed Lut, Shoib in Madyan and lastly Prophet Moosa. Before the fateful day these prophets were asked to leave their abode with the followers and then the community was annihilated by Divinely ordained calamity or disaster. As opposed to the achievement of the previous prophets, our beloved Messenger of Allah had a sizable following and a headquarter of his own in the tenure of his mission. God Almighty therefore informs un in the Quran that HE has changed his strategy this time. There will not be any Divine catastrophe. Instead the rejectors of HIS adored Messenger will be annihilated by the swords of the Believers. The index ayah is the official announcement of this Divine judgement and ruling. Following a period of warning, the non-believers are given two options: accept Islam and prove it by offering salaat and paying zakaat or face the swords of Muslims. I understand a third choice of leaving Arabia was implicit. This ayah therefore had a ONE TIME application by our Holy Prophet. It cannot be invoked anymore by anybody else at any time or any place.

Let us now dwell on some details in the ayah. The ayah begins with …………. The ayah, then describes the steps and stages that will follow during qitaal: slaughter, capture, siege, and ambush. If the enemy surrenders, Muslims are commanded to immediately cease fire. ……….

As I have discussed in earlier blogs that there is a strong Islamic scholarly opinion and conviction, that do not subscribe to this interpretation of the ayah described hitherto. They maintain that the success of Islam in Arabia was the result of a revolution by the person of Mohammed SAW. The sahaabaa then carried this revolution to the adjoining areas. And it is imperative, according to them on the succeeding Muslims to spread this revolution across the planet. The maintain that only Muslims are entitled by Allah to rule and claim sovereignty over this world. The non-Muslim are free to follow their faith but under the suzerainty of Muslims and pay jizyah as evidence of their inferior status. Muslims have a “righteous order” and the others have a “wicked rule”. Maulana Maudoodi is a pioneer and stalwart of this approach. We will presently read some of his comments on the tafseer of this ayah and the next.

The outstanding scholar Sayyid Qutb has a very unique style in his marvelous tafseer Fi Zilalil Quran (In the shade of Quran). It is a continuous and flowing Story of Islam ………..

He too is not aware or does not subscribe to the views, described above of the celebrated scholars on the interpretation of this ayah as announcement of a Sunnat-e-Ilaahi…………..

This ayah has defined the final rulings at the end of our beloved Prophets’s mission on relations between the Muslim community and the idolaters in Arabia. The ahle kitab, however are treated differently and spared the sword. The ayah which follows a little later to this ayah in the same surah⁴ provides the final rulings for relations between the Muslim community and the people of earlier revelations.

The ehle kitaab are treated differently for two reasons. …………

Dr. Mohammed Asad thinks …………..

At the end, the ayah describes the goal and objective of the offense against the Jews and Christians. They should يُعطُوا الجِزيَةَ pay jizyah, عَن يَدٍ with their hands and وَهُم صاغِرونَ and they are “sageroon”. Let me reiterate here that the punishment for refusing and rejecting the person and message of the Prophet in his lifetime is under discussion in the ayah. Lest it is transplanted to the present struggle of Hamas with Israel.

The first penalty is payment of Jizyah. The term jizyah⁵, occurs in the Qur'an only once, but its meaning

and purpose have been fully explained in many authentic Traditions………. Jizyah, therefore is a poll tax or an exemption tax from military service and in compensation for the "covenant of protection" (dhimmah) accorded to such citizens by the Islamic state…………To help understand its working, Nasr narrates its historical application ………….“ No fixed rate has been set either by the Qur'an or by the Prophet for this tax but it has to be lower than the rate of Zakah as per may traditions. Only those non-Muslims ………

The second punishment mentioned is عَن يَدٍ i.e. give jizyah with their hands. The literal meaning offers no problem. The scholars however read deeper meaning in this phrase.………..The last retribution inflicted on the ehle kitab is وَهُم صاغِرونَ and they are “sageroon”. The lexicon meaning of the word “sageroon” is shamed, disgraced and dishonored. Some scholars have applied this explanation. However it is mostly interpreted as “feel themselves subdued”, “after having been humbled [in war]”, “being brought low”, “they are in a state of subjection” and “utterly subdued”.

Sayyid Qutb asserts that in this ayah ……..

Maulana Maudoodi, as hinted earlier in the article has propagated a forceful and aggressive political strategy in the explanation of these two ayahs. I have selected some of his comments from his lengthy discourse for your perusal: “They should be forced to pay jizyah in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land…… while they should become their subjects………at first this command applied only to the Jews and the Christians. Then the Prophet (peace be upon him) himself extended it to the Zoroastrians also. After his death, his companions unanimously applied this rule to all the non Muslim nations outside Arabia…….the Muslims should feel proud (and not apologet ic) of such a humane law as that of jizyah. For it is obvious that the maximum freedom that can be allowed to those who do not adopt the Way of Allah but choose to tread the ways of error is that they should be tolerated to lead the life they like. ………….bring to an end their wicked rule and bring them under a righteous order.……….(jizyah) it is the price of the freedom which the Islamic state allows them ……….

Sayyid Qutb has similar views but expresses them in general terms, …………

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

THE MAIN STORY

I am sure you would enjoy reading the famous scholar Sayyid Qutb endorsing this view. He first clearly declares “Islam is a religion of peace, a faith based on love”—but please do not say this to a Muslim; he will have a big laughter because he thinks otherwise—and then adds “A Muslim lives for his faith, making it his sole purpose within himself and with all people. He does not enter into conflict for gain nor does he fight for ties of race, land, tribe or family. HIs only struggle is to ensure that God’s word reigns supreme and that HIS faith is the code to be followed”. I entreat, let us all honestly look within us: are we following these golden principle in our attitudes and sentiments about the horrible and deadly conflicts in the Middle East?

It should be noted that this verse does not deny justice and kind treatment even to the hostile unbelievers; intimacy is forbidden. Mufti Mohammed Shafi declares on the authority of Mazhari that “justice, equity and fairness are necessary even with the hostile disbelievers who are at war with Muslims. Prohibition applies only in the case of cordial and friendly intimacy, not in the case of courteous attitude and kindness”. This shows that it is permissible to be polite and courteous to those hostile enemies who are at war with Muslims but this should not cause danger, threat, harm or loss to Muslims. It cannot be overemphasized that justice and equity in all cases and under all circumstances are a cardinal principle of Islam. Allah, the Pure and Exalted, knows best.

An incident between Sayyidah Asma, daughter of Hazrat Abu Bakr,and her mushriq mother is a good illustration of the actual implementation of this ayah. In the words of Maulana Maudoodi “ A wife of Abu Bakr’s was Qutaylah bint Abdul Uzza, who was a disbeliever and had remained behind in Makkah after the migration. Asma had been born of her. After the peace treaty of Hudaibiyah when the traffic opened between Makkah and Madinah, she came to Al-Madinah to see her daughter and also brought some gifts. Asma herself has related that she went to the Prophet (peace be upon him) and asked: Should I see my

mother. And can I treat her as a daughter should treat her mother. The Prophet (peace be upon him) replied: Yes, treat her as your mother. (Musnad Ahmad, Bukhari, Muslim). Asma’s son, Abdullah bin

Zubair, has given further details of this incident. He says that Asma in the beginning had refused to see her mother. Then, when she received Allah and His Messenger’s permission she met her. (Musnad Ahmad, Ibn Jarir, Ibn Abi Hatim). This by itself leads to the conclusion that a Muslim’s serving his unbelieving parents and his helping his unbelieving brothers and sisters and relatives is permissible when they are not hostile to Islam. Likewise, one can also spend his charities on the indigent among the dhimmis. (Al-Jassas, Ahkam al-Quran; Ruh al-Maani).” According to some scholars, this incident was the cause—shane nuzool—for the revelation of this ayah.

Imam Amin Ahsan Islahi calls attention to a subtlety. The Muslims are asked to show kindness and justice but Allah recognizes only justice— إِنَّ اللَّهَ يُحِبُّ المُقسِطينَ—at the end of the ayah. It is much easier to be kind and courteous than to dish out justice to an enemy. Justice and equity is one of the core goals for the Muslim Ummah.

Dr. Mohammed Asad emphasises, on the authority of Zamakhshari that the expression "God does not forbid you’" is not merely a permission hut implies in this context a positive exhortation. In other words “the Qur'an explicitly permits and implicitly ordains it”.

Finally the astute scholar Sayyid Qutb has drawn a very significant and far-reaching political and practical principle for a Muslim government from these ayahs “It represents the basis of its international law, which considers the state of peace to be the permanent state with all people and groupings…….…Islam extends the hand of peace, affection and justice to all people.” However his political philosophy together with that of Maulana Maudoodi and Dr. Israr Ahmed seem to drag Muslims to a state of conflict and war as the permanent state till there remains only one actor on the stage. Perhaps he thinks that the present political climate justifies cancelling this peaceful approach. As he states “This state of peace is revoked only when military aggression against Islam and its people takes place, for it is imperative that such aggression be repelled; or when treason is feared after a treaty with others has been singed , for this represent a threat of aggression; or when the freedom of belief and advocating Islam is forcibly suppressed which again represents aggression.”

So much on this ayah. However, for a proper perspective on Qitaal in Islam, let us discuss an ayah which has been labelled by some early commentators as “the ayah of swords”³

To comprehend this ayah properly, according to the outstanding research scholar and mentor Javed Ahmed Ghamdi and his Ustaad Imam Amin Ahsan Ilahi we need to highlight a Sunnate Ilahi which we read often in the Quran but tend to glance over its relevance and significance. Once a Rasool from Allah Ta’aala is sent to a people, they are ultimately left with only two options after he has completed and delivered his mission: Accept him and his religion or be Destroyed. This Sunnah is loud and clear in the fate of people of six Prophets narrated in our Holy Book viz. Nooh, Hood for the people of Aad, Saleh for people of Samood; These three prophets preceded Prophet Ibrahim. After the great patriarch, followed Lut, Shoib in Madyan and lastly Prophet Moosa. Before the fateful day these prophets were asked to leave their abode with the followers and then the community was annihilated by Divinely ordained calamity or disaster. As opposed to the achievement of the previous prophets, our beloved Messenger of Allah had a sizable following and a headquarter of his own in the tenure of his mission. God Almighty therefore informs un in the Quran that HE has changed his strategy this time. There will not be any Divine catastrophe. Instead the rejectors of HIS adored Messenger will be annihilated by the swords of the Believers. The index ayah is the official announcement of this Divine judgement and ruling. Following a period of warning, the non-believers are given two options: accept Islam and prove it by offering salaat and paying zakaat or face the swords of Muslims. I understand a third choice of leaving Arabia was implicit. This ayah therefore had a ONE TIME application by our Holy Prophet. It cannot be invoked anymore by anybody else at any time or any place.

Let us now dwell on some details in the ayah. The ayah begins with a reference to “the sacred months”. These are not the four sacred months of forbidden war, according to Maulana Maudoodi but the four months mentioned in an earlier ayah (no. 2) in the same surah forbidding Muslims to attack those mushriks who were granted respite. It is worth noticing that the Quraish had violated the treaty of Hudaibya and as such had forfeited their right to any warning period. However, they were given a grace period of four months. The term “marsad” denotes "any place from which it is possible to perceive the enemy and to observe his movements" (Manar). The ayah is exhorting Muslims "do everything that may be necessary and advisable in warfare”. Once at war, force and vigour are inevitable. As the English say, you cannot fight with kid gloves. The ayah, then describes the steps and stages that will follow during qitaal: slaughter, capture, siege, and ambush. If the enemy surrenders, Muslims are commanded to immediately cease fire. In view of the gravity of the situation, merely verbal acceptance of Islam is not adequate. It has to be seen in their conduct in the form of offering prayers and paying zakaat. At this point Mufti Mohammed Shafi states “therefore, they should either leave the Arabian Peninsula soon after the sacred months expire, or embrace Islam, or be prepared to face war.” After the Conquest of Makkah, a general amnesty was granted by the Holy Prophet teaching Muslims a practical lesson, not to seek revenge from the vanquished enemy for his past hostilities.

As I have discussed in earlier blogs that there is a strong Islamic scholarly opinion and conviction, that do not subscribe to this interpretation of the ayah described hitherto. They maintain that the success of Islam in Arabia was the result of a revolution by the person of Mohammed SAW. The sahaabaa then carried this revolution to the adjoining areas. And it is imperative, according to them on the succeeding Muslims to spread this revolution across the planet. The maintain that only Muslims are entitled by Allah to rule and claim sovereignty over this world. The non-Muslim are free to follow their faith but under the suzerainty of Muslims and pay jizyah as evidence of their inferior status. Muslims have a “righteous order” and the others have a “wicked rule”. Maulana Maudoodi is a pioneer and stalwart of this approach. We will presently read some of his comments on the tafseer of this ayah and the next.

The outstanding scholar Sayyid Qutb has a very unique style in his marvelous tafseer Fi Zilalil Quran (In the shade of Quran). It is a continuous and flowing Story of Islam with the ayahs incorporated into it as the discourse goes on to support and explain the narrative. If you dive in-between, as I do to look for a particular ayah you tend to be pushed about by waves of the continuous flow of ideas. It is difficult to keep your balance .sometimes. I would like to read to you a very meaningful and far-reaching statement that he makes at this juncture “ It should be stated here that Shaikh Rashid Riđā’was a proponent of the same school of Imām Muĥammad Abduh, which is clearly influenced by Descartes and his philosophy, which is alien to Islam. This school places very strong emphasis on reason, allowing it great scope in matters of faith. Hence, it is important to add to rational and scientific proofs the simple, instinctive and natural evidence which appeals to the entire human make up, including mind and feelings.” He is, thus emphasizing a smooth balance between the mind and the heart while addressing theological questions.

He too is not aware or does not subscribe to the views, described above of the celebrated scholars on the interpretation of this ayah as announcement of a Sunnat-e-Ilaahi. After studying and quoting earliest commentators as calling this verse “the verse of the sword” which abrogates every previous verse which gives instructions to adopt a reconciliatory attitude towards the idolaters he maintains that this “ is to impose on it an interpretation it cannot admit” and then concludes “The whole question requires broader knowledge, and a good understanding of the nature of Islam and its method of action.”

The ehle kitaab are treated differently for two reasons. First, they were not Mushriq by doctrine and dogma; they believed in one God. However their practices and deeds amounted to Shirk. Thus explains the research scholar and mentor Javed Ahmed Ghamdi. His ustaad, Imam Amin Ahsan Islahi argues that the Holy Prophet was primarily designated for Bani Ismail, the mushrikin-e-Arab. It is to them that he mainly addressed through out the twenty two years of his mission. He, thus accomplished his “itmaame-hujjat” over them.

Dr. Mohammed Asad thinks that the ayah is sanctioning a defensive war and quotes the great Islamic thinker, Muhammad Abduh who commenting on this verse, head declared: "Fighting has ben made obligatory in Islam only for the sake of defending the truth and its followers. All the campaigns of the Prophet were defensive in character; and so were the wars undertaken by the Companions in the earliest period [of Islam]" (Manar).

The first penalty is payment of Jizyah. The term jizyah⁵, occurs in the Qur'an only once, but its meaning

and purpose have been fully explained in many authentic Traditions. It is intimately bound up with the concept of the Islamic state as an ideological organization and its logical religious obligations leading to creation of a class of non-Muslim citizens—ahl adh-dhimmah— i.e. “treaty peoples.” or"covenanted" or "protected" people”. Dhimmah lexically means “treaty” or “pact”. These are non-Muslims, willing to live under the protection of Islam, whose safety is statutorily assured by the Muslim community. This class cannot be expected to accept compulsory military service but their civil rights and religious freedom has to be fully protected. Jizyah, therefore is a poll tax or an exemption tax from military service and in compensation for the "covenant of protection" (dhimmah) accorded to such citizens by the Islamic state. “Though the practice of forcing the treaty holders to pay the indemnity in a humbled manner was not unknown in Islamic history” according to Nasr Sayyed Hossain et al in their modern tafseer “The study Quran” “many jurists, such as al-Nawawī, pointed out that the Prophet and Caliphs never did so and said that the treaty people’s indemnity should be received with gentleness, as one would receive payment of a debt. Umar ibn al-Khaṭṭāb reportedly agreed to call the indemnity ‘charity’ (ṣadaqah) when asked to change its name from jizyah”. To help understand its working, Nasr narrates its historical application “In general there have been two primary ways in which non-Muslim communities have been considered treaty holders. Some non-Muslim groups lived in territory directly under the rule of Muslims, paying the indemnity, but retaining considerable autonomy as to their own affairs; this was the case for Jews and Christians in Jerusalem under Umar ibn al-Khaṭṭāb and indeed throughout history well into the modern period in the Ottoman Empire and elsewhere. In the other main type of arrangement, treaty holders governed their own territory, but, according to treaty stipulations, paid the jizyah and provided no help to any enemy of the Muslims; in return, the Muslim community offered protection to the treaty holders. Examples of this include the Prophet’s arrangement with the people of Bahrain, who were Zoroastrians, and with the Christians of Najrān. In neither arrangement were the treaty holders required to provide military support to the Muslim polity, but pay only the indemnity (jizyah)”.

No fixed rate has been set either by the Qur'an or by the Prophet for this tax but it has to be lower than the rate of Zakah as per may traditions. Only those non-Muslims fit for military service are required to pay this tax with a proviso that they can afford it. Hence all the non-Muslims not eligible for military duties are exempted from the payment of jizyah on the basis of clear-cut ordinances promulgated by the Prophet. This list will include (a) all women, (b) males who have not yet reached full maturity, (c) old men, (d) all sick or crippled men, (e) priests and monks, (f) slaves. As the amount was insignificant and the exemptions numerous it was merely symbolical of the change of political status of non-Muslims . It should be added all non-Muslim citizens who volunteer for military service are obviously exempted from the payment of jizyah. Sounds controversial but I have the authority of Dr. Mohammed Asad.

The second punishment mentioned is عَن يَدٍ i.e. give jizyah with their hands. The literal meaning offers no problem. The scholars however read deeper meaning in this phrase. Dr. Asad renders it as "with a willing hand, that is, without reluctance” based on Zamakhshari in his commentary on the above verse. Rashid Rida, taking the word “yad” in its metaphorical significance of "power" or "ability", relates the phrase “an yad” to the financial ability of the person liable to the payment of jizyah (Manar). Yousuf Ali interprets it as “in token of willing submission.” Finally the words of Maudoodi for the meaning of this phrase “they pay the tribute out of (their) hands,” that is, “with full consent so that they willingly become the subjects of the believers, who perform the duty of the vicegerents of Allah on the earth.”

The last retribution inflicted on the ehle kitab is وَهُم صاغِرونَ and they are “sageroon”. The lexicon meaning of the word “sageroon” is shamed, disgraced and dishonored. Some scholars have applied this explanation. However it is mostly interpreted as “feel themselves subdued”, “after having been humbled [in war]”, “being brought low”, “they are in a state of subjection” and “utterly subdued”.

Sayyid Qutb asserts that in this ayah “we note that its statements are more general in phraseology and import, and are applicable to all people of earlier revelations, whether in Arabia or elsewhere’. This view does not seem to be corroborated by the wordings of the ayah nor supported by other scholars.

Maulana Maudoodi, as hinted earlier in the article has propagated a forceful and aggressive political strategy in the explanation of these two ayahs. I have selected some of his comments from his lengthy discourse for your perusal: “They should be forced to pay jizyah in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land…… while they should become their subjects………at first this command applied only to the Jews and the Christians. Then the Prophet (peace be upon him) himself extended it to the Zoroastrians also. After his death, his companions unanimously applied this rule to all the non Muslim nations outside Arabia…….(jizyah) for the measure that guarantees security of life, property and faith to those who choose to live under its protection…….the Muslims should feel proud (and not apologetic) of such a humane law as that of jizyah. For it is obvious that the maximum freedom that can be allowed to those who do not adopt the Way of Allah but choose to tread the ways of error is that they should be tolerated to lead the life they like. ………that is why the Islamic state offers them protection, if they agree to live as its zimmis by paying jizyah, but it cannot allow that they should remain supreme rulers in any place and establish wrong ways and impose them on others. ….bring to an end their wicked rule and bring them under a righteous order.

……….(jizyah) it is the price of the freedom which the Islamic state allows them in following their erroneous ways, while living in the jurisdiction of Islam and enjoying its protection……. This also serves as a yearly reminder to them that they have been deprived of the honor of paying Zakat in the Way of Allah, and forced to pay jizyah instead as a price of following the ways of error”.

Sayyid Qutb has similar views but expresses them in general terms, contrasting “the Divine System” with “the other systems”. He mentions “This last amendment cannot be clearly understood unless we are fully aware of the nature of the inevitable relations between the divine system and other systems opposed to it. We must also understand the nature of the Islamic method of action, with its progressive stages and the different means it employs to face up to a changing situation in human life”. He adds further “Inevitably, coexistence between the divine system and human systems opposed to it is possible only in certain situations and under specific conditions. These ensure that no material impediments are placed in the way of the implementation of the universal Islamic declaration of the liberation of man from submission to any authority other than God. The divine system wants to prevail so that people are liberated from submission to other human beings and can submit to God alone. By contrast, the other systems want to defend their own status by crushing the movement aiming to establish the divine system in human life.”

.......and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

Dr. Khalid Mitha

FOOTNOTES

(1) Surah 2/269

يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ

(2) Surah 102/8

ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ

(3) Surah 9/5

فَإِذَا انسَلَخَ الأَشهُرُ الحُرُمُ فَاقتُلُوا المُشرِكينَ حَيثُ وَجَدتُموهُم وَخُذوهُم وَاحصُروهُم وَاقعُدوا لَهُم كُلَّ مَرصَدٍ ۚ فَإِن تابوا وَأَقامُوا الصَّلاةَ وَآتَوُا الزَّكاةَ فَخَلّوا سَبيلَهُم ۚ إِنَّ اللَّهَ غَفورٌ رَحيمٌ

(4) Surah 9/29

قاتِلُوا الَّذينَ لا يُؤمِنونَ بِاللَّهِ وَلا بِاليَومِ الآخِرِ وَلا يُحَرِّمونَ ما حَرَّمَ اللَّهُ وَرَسولُهُ وَلا يَدينونَ دينَ الحَقِّ مِنَ الَّذينَ أوتُوا الكِتابَ حَتّىٰ يُعطُوا الجِزيَةَ عَن يَدٍ

وَهُم صاغِرونَ(

(5) Asad on Jizyah

The term jizyah, rendered by me as "exemption tax", occurs in the Qur'an only once, but its meaning and purpose have been fully explained in many authentic Traditions. It is intimately bound up with the concept of the Islamic state as an ideological organization: and this is a point which must always be borne in mind if the real purport of this tax is to be understood. In the Islamic state, every able-bodied Muslim is obliged to take up arms in jihad (i.e., in a just war in God's cause) whenever the freedom of his faith or the political safety of his community is imperilled: in other words, every able-bodied Muslim is liable to compulsory military service. Since this is, primarily, a religious obligation, non-Muslim citizens, who do not subscribe to the ideology of Islam, cannot in fairness be expected to assume a similar burden. On the other hand, they must be accorded full protection of all their civic rights and of their religious freedom: and it is in order to compensate the Muslim community for this unequal distribution of civic burdens that a special tax is levied on non-Muslim citizens (ahl adh-dhimmah, lit., "covenanted" [or "protected"] people", i.e., non-Muslims whose safety is statutorily assured by the Muslim community). Thus, jizyah is no more and no less than an exemption tax in lieu of military service and in compensation for the "covenant of protection" (dhimmah) accorded to such citizens by the Islamic state. (The term itself is derived from the verb jazd, "he rendered [something] as a satisfaction", or "as a compensation [in lieu of something else]" - cf. Lane II, 422.) No fixed rate has been set either by the Qur'an or by the Prophet for this tax; but from all available Traditions it is evident that it is to be considerably lower than the tax called zakah ("the purifying dues") to which Muslims are liable and which - because it is a specifically Islamic religious duty - is naturally not to be levied on non-Muslims. Only such of the non-Muslim citizens who, if they were Muslims, would be expected to serve in the armed forces of the state are liable to the payment of jizyah, provided that they can easily afford it. Accordingly, all non-Muslim citizens whose personal status or condition would automatically free them from the obligation to render military service are statutorily - that is, on the basis of clear-cut ordinances promulgated by the Prophet - exempted from the payment of jizyah: (a) all women, (b) males who have not yet reached full maturity, (c) old men, (d) all sick or crippled men, (e) priests and monks. All non-Muslim citizens who volunteer for military service are obviously exempted from the payment of jizyah.

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