1 Muqaddimaat, Ibn Rushd (known in the Western world as Averroes), p. 259.
2 Jihad in Islam, Muhammad Sa’id R. Al Buti, Dar al-Fikr, 1995.
3 ibid.
4 See al-Minhaaj, (the Method), al-Nawawi, p. 210.
5 Al-sharh al-saghir, Imam al-Dardir
6 Kashf al-kina’a, Mansour bin Yunes al-Bahhouti, p. 33.
7 Al-Mughni, Vol. 9, p. 184.
8 Al-sharh al-saghir by al-Dardir, Vol. 2, p. 274.
9 Ibid.
10 Abu Dawud and Tirmidhi.
11 The singular exception to the majority opinion was that of Imam Shafi`i, who contended the verses [9:5] and [9:29] support the condition of jihad being a continual war upon the non-Muslims until they repent and accept Islam or else pay jizya [referred to as polltax].” However the majority of jurists argued against this position, citing the succeeding verses as evidence “and if anyone of the polytheists seeks your protection then grant him protection...” [9:6]. The other Imams argued from this that as long as they are submissive and willing to live peacefully among the believers our divine obligation is to treat them peacefully, despite their denial of Islam. The next verse [9:7], is instruction to keep treaty obligations with meticulous care, and not to break them unless the unbelievers break them first, reiterated in the following verse [9:8], in which Allah orders us not to make a treaty with unbelieving enemies who break their oaths and whose intention is to overpower the Muslims. Had jihad’s objective been to fight all unbelievers, then there would have been no need for treaties and no differentiation between polytheists who remain loyal and faithful to their word and those who are treacherous. Based on these arguments of the scholars, the majority concluded that physical fighting is not a permanent condition against unbelievers, but only when treaties are broken or aggression has been made against Muslim territory (dar al-Islam) by unbelievers.
On the other hand, the call to Islam, is a continuous jihad, per the hadith “I have been ordered to fight the people until they declare that there is no god but Allah and that Muhammad is His Messenger, establish prayers, and pay zakat. If they perform all that, their blood and property are guaranteed protection on my behalf except when justified by Islamic laws. Then their accounts will be done by Allah.” (Bukhari and Muslim). Said Ramadan Buti in “Jihad in Islam”, explains this hadith in detail, showing that contrary to the minority opinion, fighting here does not refer to combat but to struggle, including within it da`wah, preaching, exhortation and establishment of the state apparatus whereby Islamic preaching is protected; not forcing anyone to become Muslim at the point of a sword. Many examples from the Prophet’s r life history show he never forced conversion, nor did his Successors. He explains that the linguistic scholars of hadith showed that the word <uqaatil> used by the Prophet (saws) means “fight”, not <aqtul> “kill”. Its Arabic usage denotes defense against an attacker or oppressor; not to attack or assail.
12 Al-Ashbah wal-nadha’ir, Ibn al-Nujum, p.205
13 Explanation of Sahih Muslim, vol. 2, Al-Bahouri, p259.
14 Sharh al-aqa’id an-nasafiyya, Imam Abu Hanifa, p.180-181.
15 Sahih Muslim.
16 Sahih Muslim. Other hadiths with similar purport are: 1) “There will be upon you leaders who you will recognize and disapprove of; whoever rejects them is free, whoever hates them is safe as opposed to those who are pleased and obey them”, they said, “should we not fight them”. He r said, “No, as long as they pray.” 2)”The best of your leaders are those you love and they love you, you pray for them and they pray for you. The worst of your leaders are those who anger you and you anger them and you curse them and they curse you. He said we replied, “O Messenger of Allah r should we not remove them at that?” He r said, “No, as long as they establish the prayer amongst you.”
17 Narrated by Abu Said al-Khudri in Abu Dawud and Tirmidhi.
18 Sahih Bukhari.
19 Ghazali, in the Ihya’, al-`Iraqi said that Bayhaqi related it on the authority of Jabir and said: There is weakness in its chain of transmission. According to Nisa’i in al-Kuna is a saying by Ibrahim ibn Ablah.
20 Tirmidhi, Ahmad, Tabarani, Ibn Majah, and al-Hakim.
21 Related on the authority of Abu al-Darda’ by Ahmad, Tirmidhi, Ibn Majah, Ibn Abi al-Dunya, al-Hakim, Bayhaqi, and Ahmad also related it from Mu`adh ibn Jabal.