Fiqh al Jihad Sheikh Yusuf al Qaradhawi

Jihad in Islam has specific objectives which Al-Qaradawi summarises as repelling
transgression; preventing fitna - that is guaranteeing freedom of faith for
Muslims and others; saving the oppressed; punishing those who break treaties,
and enforcing internal peace within the Ummah. Thus, expansion and
appropriation are not amongst the objectives of jihad, nor is the eradication of
disbelief from this world, for that is against God’s law of difference and mutual
checking. Nor do the objectives of jihad include imposing Islam on those who do
not believe in it, for that contravenes God’s law of diversity and pluralism (pp.
423).
Military Jihad: Between Daf’ and Talab (Defensive and Preemptive Jihad)
Following the tradition of classical and contemporary jurists, Al-Qaradawi
questions the nature of jihad and its status in Islam: Is it of a religious nature,
meaning it is obligatory upon Muslims to fight non-believers until they embrace
Islam or submit to its authority, which they call jihad al-talab, that is voluntary
preemptive jihad? Or is it of a political nature, necessitated by the need to defend
the lands of Islam against transgressors and to defend Muslims against those
who prevent them from freedom of faith, and the oppressed generally - which
they have termed jihad al-daf`, that is necessary defensive jihad, which, if
Muslims must engage it, should be engaged in with pure intentions, for God’s
sake, and following strict ethical guidelines which cannot be neglected.
Classically, and in the modern era, jurists have been divided between two
groups, which al-Qaradwi calls the hujumiyyin (proponents of preemptive jihad)
and difa`iyyin (proponents of defensive jihad), proclaiming his proud adherence
to the second group. The hujumiyyin consider it an obligation for the Muslim
nation to attack the land of the non-believers at least once a year in order to call
to Islam and expand its territories. They hold disbelief per se as a sufficient
reason to initiate war and legitimate killing, even if non-believers do not attack or
harm Muslims, to the extent that Muslims would be sinful if they do not do so.
The proponents of this view, a large number of jurists, most prominent of which
among classical scholars is Imam al-Shafi`i, and among contemporary thinkers
are Sayyid Qutb and al-Mawdudi, support their view with evidence from the
Qur'an and the Sunnah, and from historical practice. The Qur'anic texts used call
for fighting against all polytheists, such as verse 36 of surat al-Tawba (And
wage war on all of the idolaters as they are waging war on all of you. ),
(At-Tawbah 9:36), (slay the idolaters wherever ye find them ) (At-Tawbah
9:5), and (Fight against such of those who have been given the Scripture
as believe not in Allah nor the Last Day … until they pay the tribute
readily, being brought low ) (At-Tawbah 9:29). They differed as to which of
those verses is the one they called Ayat al-Sayf, or verse of the sword, which,
according to them, abrogated all contradicting verses, over 200 such verses
calling for mercy, forgiveness and freedom of belief, prohibiting compulsion in
faith and severity, and considering the judgment of people’s faith a matter to be
left to God alone. They also sought support from prophetic sayings such as “I
have been commanded to fight people until they say ‘there is no God but Allah’”
(narrated by Bukhari). They also consider the early Islamic conquests as
evidence for their view that war, rather than peace, is the natural state in
Muslims’ dealings with others.