In the Name of Allah, the Gracious, the Merciful
The first principle of just war, or Jihad, to be established in Islam is that non-aggression is the general rule, but retaliation is permissible or even obligatory if necessary to resolve an unbearable injustice.
Allah said:
وَقَـٰتِلُوا۟ فِى سَبِيلِ ٱللَّهِ ٱلَّذِينَ يُقَـٰتِلُونَكُمْ وَلَا تَعْتَدُوٓا۟ إِنَّ ٱللَّهَ لَا يُحِبُّ ٱلْمُعْتَدِينَ
Fight in the way of Allah those who fight you, but do not transgress. Verily, Allah does not love transgressors.
Surat al-Baqarah 2:190
Ibn Abbas, may Allah be pleased with him, explained:
وَلا تَعْتَدُوا يعني لَا تَقْتُلُوا النِّسَاءَ وَالصِّبْيَانَ وَالشَّيْخَ الْكَبِيرَ وَلا مَنْ أَلْقَى السَّلَمَ، وَكَفَّ يَدَهُ فَإِنْ فَعَلْتُمْ هَذَا فَقَدِ اعْتَدَيْتُمْ
‘Do not transgress,’ means do not kill women, children, old men, or whoever offers you peace and restrains his hand from fighting, for if you did so, you would have certainly transgressed.
Source: Tafsīr Ibn Abī Ḥātim 1/325
The Caliph ‘Umar ibn ‘Abdul ‘Aziz interpreted the protected classes in the Quran consistently with the legal category of ‘civilians’ today:
ذلك في النساءِ والذُّرِّيةِ ومن لمْ يَنْصِبْ لك الحربَ منهم
This verse is regarding women, children, and whoever among them is not waging war against you.
Source: Tafsīr al-Ṭabarī 3/290
Shaykh Wahbah al-Zuhayli commented:
ولا تعتدوا بالبدء بالقتال ولا بقتل المسالمين ولا بقتل غير المقاتلة من النساء والصبيان والعجزة والشيوخ ولا بتخريب الدور وقطع الأشجار وإحراق الزروع والثمار فإن الله يكره الاعتداء
‘Do not transgress’ by initiating fighting, killing peaceful people, or killing non-combatants such as women, children, the infirm, or the elderly, nor by destroying homes, cutting down trees, or burning crops and fruits, for Allah hates aggression.
Source: al-Tafsīr al-Munīr 2/183
Abu Huraira reported: The Prophet, peace and blessings be upon him, said:
لاَ تَمَنَّوْا لِقَاءَ الْعَدُوِّ فَإِذَا لَقِيتُمُوهُمْ فَاصْبِرُوا
Do not wish to meet the enemy in battle, but if you meet them, be steadfast.
Source: Ṣaḥīḥ al-Bukhārī 3026, Grade: Muttafaqun Alayhi
Imam al-Harrali commented:
فيه إشعار لهذه الأمة بأن لا تطلب الحرب ابتداء وإنما تدافع من منعها من إقامة دينها كما قال تعالى أذن للذين يقاتلون بأنهم ظلموا فحق المؤمن أن يأتي الحرب ولا يطلبه فإنه إن طلبه فأوتيه عجز كما عجز من طلبه من الأمم السابقة
In this is a notification to this nation that it should not seek war in the first place, but rather defend itself against those who prevent it from establishing its religion, as Allah Almighty said, ‘Permission to fight back is granted to those being fought, for they have been wronged,’ (22:39). Thus, it is the duty of the believer to meet war but not to seek it.
Source: Fayḍ al-Qadīr 6/399
Even so, pre-emptive strikes or ‘offensive jihad’ (jihad al-talab) were permitted by scholars when a non-Muslim country was persecuting Muslims or preventing their citizens from hearing the message of Islam.
Maintaining a strong posture against ambitious rivals was also considered a prudent measure for self-defense. English political theorist Thomas Hobbes asserted that, without any legal authority to enforce peace, all people “are in that condition which is called war, and such a war is of every man against every man.”
In other words, every nation was at war with every other country by default unless they had an explicit peace treaty. The best defense was a good offense, as the Arabs used to say:
إِنَّ الرُّوْم إِذَا لَمْ تُغْزَ غَزَتْ
If the Romans are not attacked, they attack.
Source: Siyar A’lām al-Nubalā’ 18/595
It was rightly assumed by pre-modern jurists that neighboring dynasties were almost certainly aiming to expand their power and influence by force. Conversion to the enemy’s religion by the sword was a very real threat if geopolitical strength was not projected.
For this reason, some scholars interpreted the verse “fight those who fight you” to mean fight those who were preparing to invade Muslim territory.
Imam al-Baydawi writes:
الَّذِينَ يُقاتِلُونَكُمْ وقيل معناه الذين يناصبونكم القتال ويتوقع منهم ذلك دون غيرهم من المشايخ والصبيان والرهبان والنساء أو الكفرة كلهم فإنهم بصدد قتال المسلمين وعلى قصده
It is said “those who fight you” means those who wage war or from whom that is expected, but not others among them such as old men, children, monks, and women, or it means all the unbelievers who are about to fight the Muslims and intend to do so.
Source: Anwār al-Tanzīl wa Asrār al-Ta’wīl 1/127
Offensive jihad was not necessarily viewed as an act of aggression, but rather a tactic in an overall defensive strategy. Similarly, President George Washington wrote “that offensive operations, oftentimes, is the surest, if not the only, means of defense.”
Intimidating potential invaders with pre-emptive strikes was a valid security concern for the jurists. Nevertheless, if the call to Islam was not obstructed and Muslims could practice their religion peacefully in a non-Muslim country, a war against them would have been unnecessary.
Shaykh al-Islam Ibn Taymiyyah writes:
وَإِذَا كَانَ أَصْلُ الْقِتَالِ الْمَشْرُوعِ هُوَ الْجِهَادُ وَمَقْصُودُهُ هُوَ أَنْ يَكُونَ الدِّينُ كُلُّهُ لِلَّهِ وَأَنْ تَكُونَ كَلِمَةُ اللَّهِ هِيَ الْعُلْيَا فَمَنْ امْتَنَعَ مِنْ هَذَا قُوتِلَ بِاتِّفَاقِ الْمُسْلِمِينَ وَأَمَّا مَنْ لَمْ يَكُنْ مِنْ أَهْلِ الْمُمَانَعَةِ وَالْمُقَاتِلَةِ كَالنِّسَاءِ وَالصِّبْيَانِ وَالرَّاهِبِ وَالشَّيْخِ الْكَبِيرِ وَالْأَعْمَى وَالزَّمِنِ وَنَحْوِهِمْ فَلَا يُقْتَلُ عِنْدَ جُمْهُورِ الْعُلَمَاءِ … فَمَنْ لَمْ يَمْنَعْ الْمُسْلِمِينَ مِنْ إقَامَةِ دِينٍ لِلَّهِ لَمْ تَكُنْ مَضَرَّةَ كُفْرِهِ إلَّا عَلَى نَفْسِهِ
As the fundamental rule of legislated warfare, which is jihad, its purpose is to make the religion for Allah alone and make the word of Allah highest. Whoever obstructs this purpose is fought by agreement of the Muslims. As for those who are not obstructionists or combatants, such as women, children, monks, old men, the blind, bystanders, and so on, they are not killed according to the majority of scholars… Whoever does not obstruct the Muslims from establishing the religion of Allah, his unbelief harms no one but himself.
Source: Majmū’ al-Fatāwá 28/354-355
And Shaykh al-Islam writes:
المقصود بالقتال أن تكون كلمة الله هي العليا وأن يكون الدين كله لله وأن لا تكون فتنة أي لا يكون أحد يفتن أحدا عن دين الله فإنما نقاتل من كان ممانعا عن ذلك وهم أهل القتال فأما من لا يقاتل عن ذلك فلا وجه لقتله كالمرأة والشيخ الكبير والراهب ونحو ذلك
The objective of fighting is for the word of Allah to be made highest, the religion to be entirely for Allah, and for there to be no more persecution, meaning no one is persecuted into abandoning the religion of Allah. Indeed, only those who obstruct this are fought for it, those who are combatants. As for those who do not fight for that, there is no justification for killing them, such as women, old men, monks, and so on.
Source: al-Ṣārim al-Maslūl 1/282
The Prophet ﷺ taught Muslims that the rationale for warfare is only to protect Islam’s mission to allow every human being the opportunity to willingly accept this religion, not by force but by persuasion.
Abu Musa reported: A man asked the Prophet, “A man may fight to be courageous, another may fight for zeal, and another may fight to show off. Which of these is fighting in the way of Allah?” The Messenger of Allah, peace and blessings be upon him, said:
مَنْ قَاتَلَ لِتَكُونَ كَلِمَةُ اللَّهِ هِيَ الْعُلْيَا فَهُوَ فِي سَبِيلِ اللَّهِ
He who fights to raise the word of Allah is in the way of Allah.
Source: Ṣaḥīḥ al-Bukhārī 123, Grade: Muttafaqun Alayhi
To ‘raise the word of Allah’ means preaching Islam to the world, whereas other selfish motives such as zeal, rage, fame, spoils, political ambitions, or any other worldly aspiration are not considered true jihad.
Imam Ibn Hajar commented:
لْمُرَادُ بِكَلِمَةِ اللَّهِ دَعْوَةُ اللَّهِ إِلَى الْإِسْلَامِ وَيَحْتَمِلُ أَنْ يَكُونَ الْمُرَادُ أَنَّهُ لَا يَكُونُ فِي سَبِيلِ اللَّهِ إِلَّا مَنْ كَانَ سَبَبُ قِتَالِهِ طَلَبَ إِعْلَاءِ كَلِمَةِ اللَّهِ فَقَطْ بِمَعْنَى أَنَّهُ لَوْ أَضَافَ إِلَى ذَلِكَ سَبَبًا مِنَ الْأَسْبَابِ الْمَذْكُورَةِ أَخَلَّ بِذَلِكَ … وَفِيهِ ذَمُّ الْحِرْصِ عَلَى الدُّنْيَا وَعَلَى الْقِتَالِ لِحَظِّ النَّفْسِ فِي غَيْرِ الطَّاعَةِ
The meaning of the ‘word of Allah’ is the call of Allah to Islam. It potentially means that jihad would not be in the cause of Allah unless the purpose of fighting is only to raise the word of Allah, such that if anyone were to add another reason to it among the reasons mentioned, that would violate it… In this Hadith is blame for seeking worldly gains and for fighting to acquire personal fortune in disobedience to Allah.
Source: Fatḥ al-Bārī 6/28-29
Imam al-Shawkani agreed with him:
الْمُرَادُ بِكَلِمَةِ اللَّهِ دَعْوَةُ اللَّهِ إلَى الْإِسْلَامِ
The meaning of ‘the word of Allah’ is the call of Allah to Islam.
Source: Nayl al-Awṭār 7/254
The early conquests by the Muslims might imply that militant, dynastic expansionism was the point of jihad, as claimed by Muslim extremists and the Orientalists, but a careful look at the historical evidence proves them wrong. The Companions were ordered to save their brothers and sisters living in those brutal empires that oppressed them.
Allah said:
وَمَا لَكُمْ لَا تُقَـٰتِلُونَ فِى سَبِيلِ ٱللَّهِ وَٱلْمُسْتَضْعَفِينَ مِنَ ٱلرِّجَالِ وَٱلنِّسَآءِ وَٱلْوِلْدَٰنِ ٱلَّذِينَ يَقُولُونَ رَبَّنَآ أَخْرِجْنَا مِنْ هَـٰذِهِ ٱلْقَرْيَةِ ٱلظَّالِمِ أَهْلُهَا وَٱجْعَل لَّنَا مِن لَّدُنكَ وَلِيًّۭا وَٱجْعَل لَّنَا مِن لَّدُنكَ نَصِيرًا
What is the matter with you? You do not fight in the cause of Allah and for oppressed men, women, and children who cry out, ‘Our Lord! Deliver us from this land of oppressors! Appoint for us a savior; appoint for us a helper—all by Your grace.’
Surat al-Nisa’ 4:75
In the time of the Prophet ﷺ and his Companions, the Romans had been imprisoning or executing their prominent citizens who embraced Islam. Farwah ibn ‘Amr al-Judhami was one such subordinate of Caesar who accepted Islam, even sending gifts to the Prophet.
When the Romans found out about Farwah’s conversion, they imprisoned him, killed him, and displayed his corpse in public crucifixion-style, ironically imitating those who tried to murder Jesus Christ, upon him be peace.
Imam Ibn Kathir documents the incident:
وَكَانَ فَرْوَةُ عَامِلًا لِلرُّومِ عَلَى مَنْ يَلِيهِمْ مِنَ الْعَرَبِ وَكَانَ مَنْزِلُهُ مُعَانَ وَمَا حَوْلَهَا مِنْ أَرْضِ الشَّامِ فَلَمَّا بَلَغَ الرُّومَ ذَلِكَ مِنْ إِسْلَامِهِ طَلَبُوهُ حَتَّى أَخَذُوهُ فَحَبَسُوهُ عِنْدَهُمْ … ثُمَّ ضَرَبُوا عُنُقَهُ وَصَلَبُوهُ عَلَى ذَلِكَ
Farwah was the governor of the Romans over the Arabs who were near them, and his home was in Ma’an and the surrounding lands of the Levant. When the Romans heard of his conversion to Islam, they sought him out until they captured him, and they imprisoned him… then they struck off his neck and crucified him on that basis.
Source: al-Bidāyah wal-Nihāyah 7/349
This gruesome public execution signaled to everyone in the region that conversion to Islam was not tolerated in the Roman Empire. The peaceful spread of Islam was under threat, as the Muslim preachers sent to them were threatened with violent resistance.
Shaykh al-Islam Ibn Taymiyyah considered this the legal justification to declare war:
فَالنَّصَارَى حَارَبُوا المُسْلِمِينَ أَوَّلًا وَقَتَلُوا مَنْ أَسْلَمَ مِنْهُمْ بَغْيًا وَظُلْمًا وَإِلَّا فَرُسُلُهَ أَرْسَلَهُمْ يَدْعُونَ النَّاسَ إِلَى الإِسلَامِ طَوعًا لا كَرْهًا فَلَمْ يُكْرِهْ أَحَدًا عَلَى الإِسْلَامِ لَمَّا بَدَأَهُ النَّصَارَى بِقَتْلِ المُسْلِمِينَ أَرْسلَ سَرِيَّةً أَمَّرَ عَلَيهَا زَيدَ بنَ حَارِثَةَ
The Christians waged war against the Muslims first, and they unjustly and oppressively killed those who accepted Islam among them, even though messengers were sent to them to call people to Islam willingly, without compulsion, and no one was forced into Islam. When the Christians started killing Muslims, an army was sent under the command of Zayd ibn al-Harith.
Source: Qā’idah Mukhtaṣarah fī Qitāl al-Kuffār 1/136-137
The peaceful invitation to Islam by unarmed preachers was the Prophet’s ﷺ initial policy, but as they were met with hostility and brutality, he resorted to war as a means of ensuring Islam would be safe in Roman lands. The only way to save these oppressed Muslim converts and protect their rights was to take the initiative against those tyrannical empires, a bold proposition for the outnumbered and underfunded Muslims.
In contrast, the Companions and the Salaf did not attack their peaceful neighbors. The best example of this is the amicable relations the Muslims had with Abyssinia, in present-day Ethiopia. Before the migration to Medina, some Muslims were granted asylum by the Negus of Abyssinia. When the Quran was presented to him, the Negus said:
إِنَّ هَذَا وَالَّذِي جَاءَ بِهِ مُوسَى لَيَخْرُجُ مِنْ مِشْكَاةٍ وَاحِدَةٍ انْطَلِقَا فَوَاللَّهِ لَا أُسْلِمُهُمْ إِلَيْكُمْ أَبَدًا
Verily, this recitation and what has come from Moses have emerged from the same lamp. You are released. By Allah, I will never surrender them to the Quraysh.
Source: Musnad Aḥmad 22498, Grade: Hasan
The generosity of the Abyssinians did not go unappreciated. The Prophet ﷺ encouraged Muslims to maintain peaceful relations with them as long as they remain friendly, and this instruction was taken seriously by the scholars of Medina.
Abu Sukayna reported: The Prophet, peace and blessings be upon him, said:
دَعُوا الْحَبَشَةَ مَا وَدَعُوكُمْ وَاتْرُكُوا التُّرْكَ مَا تَرَكُوكُمْ
Leave the Abyssinians alone as long as they leave you alone, and leave the Turks alone as long as they leave you alone.
Source: Sunan Abī Dāwūd 4302, Grade: Hasan
The jurist Ibn Rushd commented:
عَنْ مَالِكٍ أَنَّهُ قَالَ لَا يَجُوزُ ابْتِدَاءُ الْحَبَشَةِ بِالْحَرْبِ وَلَا التَّرْكُ … وَقَدْ سُئِلَ مَالِكٌ عَنْ صِحَّةِ هَذَا الْأَثَرِ فَلَمْ يَعْتَرِفْ بِذَلِكَ لَكِنْ قَالَ لَمْ يَزَلِ النَّاسُ يَتَحَامَوْنَ غَزْوَهُمْ
Imam Malik said it is not permissible to initiate war against the Abyssinians or the Turks… Malik was asked about the authenticity of the Hadith and, although he did not recognize it, he said, ‘The people have always avoided attacking them.’
Source: Bidāyat al-Mujtahid 2/144
It strains credulity to imagine the Prophet ﷺ commanded his Companions to migrate to Abyssinia for asylum, only to attack them later unprovoked just because they were Christians, as if he would have responded to their goodwill with a backstabbing betrayal. Allah and His Messenger are above such things!
The more plausible explanation is that Islam could be safely practiced in the Abyssinian kingdom, so there was no legal justification for attacking them, even though the Abyssinians themselves did not rule by Shariah law.
In contrast to unlimited dynastic expansion, Muslims are obligated to accept credible peace offerings from their enemies whenever they are offered.
Allah said:
فَإِنِ ٱعْتَزَلُوكُمْ فَلَمْ يُقَـٰتِلُوكُمْ وَأَلْقَوْا۟ إِلَيْكُمُ ٱلسَّلَمَ فَمَا جَعَلَ ٱللَّهُ لَكُمْ عَلَيْهِمْ سَبِيلًۭا
If they refrain from fighting you and offer you peace, then Allah does not permit you to harm them.
Surat al-Nisa’ 4:90
And Allah said:
وَإِن جَنَحُوا۟ لِلسَّلْمِ فَٱجْنَحْ لَهَا وَتَوَكَّلْ عَلَى ٱللَّهِ إِنَّهُ هُوَ ٱلسَّمِيعُ ٱلْعَلِيمُ
If the enemy is inclined towards peace, make peace with them. And put your trust in Allah. Indeed, He alone is the All-Hearing, All-Knowing.
Surat al-Anfal 8:61
Ali ibn Abi Talib reported: The Messenger of Allah, peace and blessings be upon him, said:
إِنَّهُ سَيَكُونُ بَعْدِي اخْتِلَافٌ أَوْ أَمْرٌ فَإِنْ اسْتَطَعْتَ أَنْ تَكُونَ السِّلْمَ فَافْعَل
Verily, after me there will be conflicts or affairs, so if you can end them in peace, then do so.
Source: Musnad Aḥmad 695, Grade: Sahih
In sum, ‘offensive jihad’ was a military tactic intended to save oppressed Muslims or intimidate potential invaders in a pre-modern context when the threat of conquest was the rule, not the exception. It was not designed as a means for Caiphs or emperors to acquire wealth, land, or prestige.
The Prophet ﷺ taught that peace is the general rule, while war is the unfortunate and, sometimes, necessary exception. Islam established rules of just war that prevent both transgressions in going to war (jus ad bellum) or in prosecuting a war (jus in bello), the purpose of which is to protect the peaceful preaching and practice of Islam everywhere in the world.
Success comes from Allah, and Allah knows best.
