Fiqh al Jihad Sheikh Yusuf al Qaradhawi

In his book entitled Al-Itqan Fi `Ulum Al-Qur'an, Imam As-Suyuti has
quoted from the prominent scholar, Ibn Al-Hassar, the method through
which one can recognize the abrogated verses. Ibn Al-Hassar said:
"For abrogation to be established, references must be obtained from
the Prophet (peace and blessings be upon him) himself or from one of
the Companions — references saying, 'Verse so and so abrogated
verse so and so.' At times it is needed to reconcile a clear conflict in
history, that is, to know what came first, and what later… In matters
pertaining to abrogation, it is impermissible to seek recourse in the
views of the common exegetes, or even in such independent
judgments of the jurists, without the presence of authentic narrations
or clear contradictions. This is because abrogation overturns or
establishes a rule legislated during the time of the Prophet (peace and
blessings be upon him). Hence, the authority for such action must be
narration and history, and not independent reasoning and opinion … In
this regard, there are two main opposing views: a party argues that
even the sound singular narrations are not acceptable, and another
party accepts the opinion of an exegete or a jurist. However, the
correct view goes against both these views. (Fiqh of Jihad, vol. 1, p.
282-283)
Then, Sheikh Al-Qaradawi discussed the verses that are
said to be the "verse of the sword." He also discussed
some of the verses that some scholars claim are abrogated
by this verse. Thus, he came to the conclusion that this
issue is controversial among Muslim jurists concerning
designating the "verse of the sword," as well as the
other verses that it abrogated. Some of these verses deal with ethics and morals,
and the Prophet (peace and blessings be upon him) was sent to complete moralities.
Sheikh Al-Qaradawi stated, "It is an obvious mistake to consider all the commands of
the Qur'an, which call upon Muslims not to fight or harm the disbelievers, as being
abrogated by the "verse of the sword." This is because this is a part of the ethical
guidance mentioned in the Glorious Qur'an, which forms the ethical side in the
Islamic personality. Hence, such issues are not to be abrogated." (Fiqh of Jihad, vol.
1, p. 282-283)
Regarding the third evidence, which is the hadith that reads "I was sent with
the sword just before the Hour so that Allah be worshipped alone without
partners. My provision was placed under the shadow of my spear, and those
who defy my order were disgraced and humiliated, and he who imitates a
people is one of them" and upon which the advocates of war (who claim that
Muslims' relations with non-Muslims are originally based on war) base their opinion,
Sheikh Al-Qaradawi discusses its chain of narrators and its text. He comes to the
conclusion that this hadith cannot be saved from criticism by one of its narrators. In
this case, the hadith would be ranked among the weak hadiths, not the authentic
ones. Further, Al-Qaradawi deals with the text and content of the hadith to conclude
that it is in conflict with what is mentioned in the Glorious Qur'an, namely the fact
that Prophet Muhammad (peace and blessings be upon him) was sent as a mercy for
all mankind.
He stated,
It is an obvious mistake to consider
all the commands of the Qur'an,
which call upon Muslims not to
fight or harm the disbelievers, as
being abrogated by the "verse of the
sword
If we ignore the chain of transmission of the hadith and consider its
content, we will find that it is also rejected and denounced, since it