8. Jihad: All Muslims see the great virtue in jihad. God ﷻsays: ‘O you who believe, what is wrong with you that, when it is said to you, “Go forth in the way of God’, you sink down heavily to the ground ”’ (Al-Tawbah , 9: 38); and: ‘And fight in the way of God with those who fight against you, but aggress not; God loves not the aggressors. ’ (Al-Baqarah , 2: 190); and many other verses. Imam Shafi’i, the other three imams, and indeed all the scholars see that jihad is a communal obligation (fard kifayah ) and not an individual obligation (fard ayn ) because God ﷻ says: ‘yet to each God has promised the goodly reward, and God has preferred those who struggle over the ones who sit at home with a great reward ’ (Al-Nisa’ , 4: 95). The word ‘jihad’ is an Islamic term that cannot be applied to armed conflict against any other Muslim; this much is a firmly established principle. Furthermore, all scholars agree that jihad is conditional upon the consent of one’s parents. The proof for this is that a man came to the Prophet ﷺ asking him to permit him to perform jihad, upon which the Prophet ﷺ asked him: ‘Are your parents alive? ’ to which he replied: ‘Yes.’ And the Prophet ﷺ told him: ‘Then perform jihad (struggle) through [serving] them. [15] ’ Moreover, there are two kinds of jihad in Islam: the greater jihad, which is the jihad (struggle) against one’s ego; and the lesser jihad, the jihad (struggle) against the enemy. In regards to the greater jihad, the Prophet ﷺ said: ‘We have returned from the greater jihad to the lesser jihad [16] . ’ If you say that thisHadith is weak or apocryphal, the answer is that evidence for this concept is in the Qur’an itself: ‘So do not obey the disbelievers, but struggle against them therewith with a great endeavour [lit. a great jihad].’ (Al-Furqan , 25:52). ‘Therewith’ in this verse refers to the Qur’an, which is ‘a healing for what is in the breasts ’ (Yunus , 10: 57). This is clearly understood from the Hadith in which the Prophet ﷺ said: “‘Shall I tell you about the best of all deeds, the best act of piety in the eyes of your Lord which will elevate your status in the Hereafter and is better for you than spending gold and paper and better than going up in arms against your enemy and striking their necks and their striking your necks? ’ They said: “Yes.” The Prophet ﷺ said: “Remembrance of God. [17] ” ’ Thus, the greater jihad is the jihad against the ego and its weapon is remembrance of God and purification of the soul. Furthermore, God ﷻhas clarified the relationship between the two kinds of jihad in another verse: ‘O you who believe, when you meet a host, then stand firm and remember God much, that you may succeed. ’ (Al-Anfal , 8: 45). Thus, standing firm is the lesser jihad and is dependent on the greater jihad which is the jihad against the ego through the remembrance of God and purification of the soul. In any case, jihad is a means to peace, safety and security, and not an end in itself. This is clear from God’s words: ‘Fight them till there is no sedition, and the religion is for God; then if they desist, there shall be no enmity, save against evildoers. ’ (Al-Baqarah , 2: 193). In your speech of July 4th, 2014, you said: ‘There is no life without jihad’. Perhaps this was based on Al-Qurtubi’s exegesis of the verse: ‘O you who believe, respond to God and the Messenger, when He calls you to that which will give you life … ’ (Al-Anfal , 8: 24). True jihad enlivens the heart. However, there can be life without jihad, because Muslims may face circumstances where combat is not called for, or where jihad is not required, and Islamic history is replete with examples of this.

In truth, it is clear that you and your fighters are fearless and are ready to sacrifice in your intent for jihad. No truthful person following events—friend or foe—can deny this. However, jihad without legitimate cause, legitimate goals, legitimate purpose, legitimate methodology and legitimate intention is not jihad at all, but rather, warmongering and criminality.

The Intention Behind Jihad: God ﷻsays: ‘and that man shall have only what he [himself] strives for ’ (Al-Najm , 53: 39). Prophetic Tradition relates that on the authority of Abu Musa Al-Ash’ari, a man came to the Prophet ﷺ and said: ‘A man may fight out of zeal, out of bravery or out of pride. Which of these is in the path of God?’ The Prophet ﷺ replied: ‘Whoever fights for the Word of God to be supreme is in the path of God [18] .’ The Prophet ﷺ also said: ‘The first to be judged on the Day of Resurrection is the man who died as a martyr. He will be brought forth and [God] will make His favours known to him, which he will recognize. He will be asked: “What did you do with them?” to which the man will reply: “I fought for your sake until I was killed.” He [i.e. God] will say: “You have lied. You fought so that it would be said that you are bold, and so it was said.” He will then be ordered to be dragged on his face and flung into the Fire … [19] ’. The Reason behind Jihad: The reason behind jihad for Muslims is to fight those who fight them, not to fight anyone who does not fight them, nor to transgress against anyone who has not transgressed against them. God’s words in permitting jihad are: ‘Permission is granted to those who fight because they have been wronged. And God is truly able to help them; those who were expelled from their homes without right, only because they said: “Our Lord is God”. Were it not for God’s causing some people to drive back others, destruction would have befallen the monasteries, and churches, and synagogues, and mosques in which God’s Name is mentioned greatly. Assuredly God will help those who help Him. God is truly Strong, Mighty. ’ (Al-Hajj, 22: 39-40). Thus, jihad is tied to safety, freedom of religion, having been wronged, and eviction from one’s land. These two verses were revealed after the Prophet ﷺ and his companions suffered torture, murder, and persecution for thirteen years at the hands of the idolaters. Hence, there is no such thing as offensive, aggressive jihad just because people have different religions or opinions. This is the position of Abu Hanifa, the Imams Malik and Ahmad and all other scholars including Ibn Taymiyyah, with the exception of some scholars of the Shafi’i school[20] . The Goal of Jihad: Scholars are in agreement regarding the goal of jihad, because God ﷻ says: ‘Fight them till there is no sedition, and the religion is for God; then if they desist, there shall be no enmity, save against evildoers .’ (Al-Baqarah , 2: 193). The Prophet ﷺ further said: ‘I have been ordered to fight people until they say: “There is no god but God”, so whoever says: “There is no god but God” is safe in himself and his wealth except as permitted by law, and his reckoning is with God [21] .’ This is the goal of jihad once war has been waged on Muslims . These texts specify what victory looks like in the case that Muslims are victorious, and that the reason for jihad must not be confused with the goal of jihad; all scholars are in agreement on this matter. The Hadith above refers to an event that has already taken place and is conditional upon God’s words: ‘It is He Who has sent His Messenger with guidance and the religion of truth, that He may make it prevail over all religion. And God suffices as witness. ’ (Al-Fath , 48: 28). It took place in the Arabian Peninsula at the time of the Prophet ﷺ , for God ﷻ says: ‘… and that you may warn the Mother of Towns [Um al-Qura] and those around it … ’ (Al-An’am , 6: 92); and: ‘O you who believe, fight those of the disbelievers who are near to you … ’ (Al-Tawbah , 9: 123). The Prophet ﷺ also said: ‘Evict the idolaters from the Arabian Peninsula. [22] ’ How could this not have come to pass when God ﷻpromises the Prophet ﷺ :‘It is He Who has sent His Messenger with the guidance and the religion of truth, that He may make it prevail over all [other] religions, though the disbelievers be averse. ’ (Al-Saff , 61: 9). What is meant here must be the Arabian Peninsula since this is what happened during the life of the Prophet ﷺ . In any case, if the commanders of jihad see that it is in the best interest of Muslims, it is permissible for them to cease combat, even if this goal has not been achieved, because God ﷻsays: ‘… then if they desist, there shall be no enmity, save against evildoers. ’ (Al-Baqarah , 2: 193). The circumstances and events of Sulh al-Hudaybiyah are proof of this. The Rules of Conduct of Jihad: The rules of conduct of jihad are summarized in the words of the Prophet Muhammad ﷺ : ‘Wage war but do not be severe, do not be treacherous, do not mutilate or kill children … [23] . ’ The Prophet ﷺ also said on the day of the Conquest of Mecca: ‘Those retreating are not to be killed, nor are the injured to be harmed, and whoever shuts his door is safe [24] . ’ Similarly, when Abu Bakr Al-Siddiq prepared an army and sent it to the Levant, he said: ‘You will find people who have devoted themselves to monasteries, leave them to their devotions. You will also find others whose heads are seats for devils (i.e. armed deacons[25] ), so strike their necks. However, do not kill the old and decrepit, women or children; do not destroy buildings; do not cut down trees or harm livestock without good cause; do not burn or drown palms; do not be treacherous; do not mutilate; do not be cowardly; and do not loot. And truly God will support those who support Him and His Messengers while not seeing Him. Truly, God is Strong, Mighty[26] .’As for killing prisoners, it is forbidden in Islamic Law. Yet you have killed many prisoners including the 1700 captives at Camp Speicher in Tikrit in June, 2014; the 200 captives at the Sha’er gas field in July, 2014; the 700 captives of the Sha’etat tribe in Deir el-Zor (600 of whom were unarmed civilians); the 250 captives at the Tabqah air base in Al-Raqqah in August, 2014; Kurdish and Lebanese soldiers, and many untold others whom God knows. These are heinous war crimes.

If you claim that the Prophet ﷺ killed some captives in some battles, then the answer is that he only ordered that two captives be killed at the Battle of Badr: Uqbah ibn Abi Mu’ayt and Nadr ibn Al-Harith. They were leaders of war and war criminals, and the execution of war criminals is permissible if the ruler orders it. This is also what Saladin did upon conquering Jerusalem, and what the Allies did during the Nuremberg trials after World War II. As for the tens of thousands of captives that fell under the jurisdiction of the Prophet ﷺ over a span of ten years and 29 battles, he did not execute a single regular soldier; rather, he entrusted that they be treated with kindness[27] . The Divine Decree regarding captives and prisoners of war is in God’s ﷻ words: ‘…Thereafter either [set them free] by grace or by ransom … ’ (Muhammad , 47: 4). God ﷻcommanded that captives and prisoners of war be treated with dignity and respect: ‘And they give food, despite [their] love of it to the needy, and the orphan, and the prisoner. ’ (Al-Insan , 76: 8). Indeed, the true Sunnah of the Prophet ﷺ regarding captives is pardon and amnesty, as was demonstrated during the Conquest of Mecca when the Prophet ﷺ said: ‘I say as my brother Joseph said: “There shall be no reproach on you this day”. Go, for you are free! [28] ’

Finally, one of the most important principles when it comes to the manner of jihad is that only combatants may be killed; their families and non-combatants may not be killed intentionally. If you ask about the instance when the Prophet ﷺ was asked about bystanders and women being killed with idolaters and he said: ‘They are from them [29] ’, this Hadith refers to the killing of innocents by accident and in no way indicates that the intentional killing of innocents—such as in bombings—is permitted. As for God’s ﷻwords: ‘… and be harsh with them … ’ (Al-Tawbah , 9: 73);and: ‘… and let them find harshness in you … ’ (Al-Tawbah , 9: 123), this is during war, not after it.