Explaining the Juridical and Legal Basics of Women’s Presence in Different Arenas of Munificence and Martyrdom
Jihad is one of the Momentous Bases of Islam and its necessity is based on sufficiency. Defense and not invasion is the essence of Islam. Islam emphasized the observation of the principles of justice and avoiding from trespassing the humanity’s borders in fighting with the enemy; these are the necessary conditions to be victorious in the war arena. The war should be conducted against the enemy and it is not obligatory for the weak to participate in it. But at time of attack by the enemy, defense is an obligatory deed upon every one. And Women are no exception.
The generality of Jihad and defense authenticates women’s participation in the arenas of munificence and martyrdom. The traditions of Prophet Muhammad ( S. A. ) and the Innocent Imams ( A. S. ) indicate the presence of women along side men in the war fronts.
Abstract:
Jihad is one of the Momentous Bases of Islam and its necessity is based on sufficiency. Defense and not invasion is the essence of Islam. Islam emphasized the observation of the principles of justice and avoiding from trespassing the humanity’s borders in fighting with the enemy; these are the necessary conditions to be victorious in the war arena. The war should be conducted against the enemy and it is not obligatory for the weak to participate in it. But at time of attack by the enemy, defense is an obligatory deed upon every one. And Women are no exception.
The generality of Jihad and defense authenticates women’s participation in the arenas of munificence and martyrdom. The traditions of Prophet Muhammad ( S. A. ) and the Innocent Imams ( A. S. ) indicate the presence of women along side men in the war fronts.
Foreword:
If the world was devoid of the cruel and trespasser countries, there would be no need for keeping and preserving the countries and all the world people would live in security and would have peaceful relationship together.
The instinct of invasion that is extant in individuals, a clan or a nation, in most of the cases, causes them to attack other individuals, clans and nations. It is in these conditions that defense is incumbent on every man and woman. In addition when a nation is rich in culture, makes it obligatory on itself to propagate it and for this aim needs a free environment. This is not possible unless supporting and defending forces are available. With regard to the developments in technology and its penetration into different areas of life, many changes have occurred in the world.
In our world the methods and kind of war has changed and defense has become professionalized.
Nowadays, soft wars have substituted the traditional wars. Therefore it is necessary that Muslims equip themselves for an overall defense. Nowadays professional women are at the forefront of the war alongside expert men. Therefore it is necessary to review their relative ordinance.
There is not an extensive discussion on the munificence and martyrdom of women in religious and juridical books and it is not explained appropriately.
In the past few years, although many articles have been written about women, still it seems that the topic of women’s munificence and martyrdom has not been explored. Therefore, in the present research, a complete report on the presence of women in different scenes of defense, munificence and martyrdom is to be offered and different religious and juridical reasons and documentation are brought forth. Here, it was tried to avoid from explication of the issues as much as it was possible. And their full explanations have been left out for the more knowledgeable people in these areas for the writer of this essay could not cover all of them. It is advisable to note some points before starting the discussion. First, the testimonies, proofs and documentations will be mentioned from Qur’an and narratives. In addition, the principles will be discussed by having in mind that the forms of Jihad and modern wars have changed and in areas of women’s participation in different areas of munificence and martyrdom, their relative decrees and verdicts will be highlighted. The last point is, since the topical issues are not discussed and the logical and juridical issues of the essay are not explored and the reader is referred to other books and topics so that the more knowledgeable people discuss them fully.
Principles: The principles are the logical bases of any topic.
Jurisprudence and Law: Some times law as necessary whole is applied to life devoid of any rules that are formed in any regime of thought and law. In fact law is something different from the mere rules in its abstract meaning that are specified in different regimes of thought. Laws in this meaning will be studies and investigated in the nature of constitutional laws and concepts, the principle of necessity, resources and the difference between rules of law and rules of ethics.
The second application of laws is the one which as an organized field of study deals with deduction and interpretation of the rules of law. In this regard the meaning of philosophy has set its subject the knowledge of law and deals with issues such as ontology, methodology of understanding and interpretation in this field carefully.
The third meaning is the collection of specified rules in the format of a special system of law and here the law it self is used as an addendum. When it said the laws of Islam or the rights of women, it is meant a collection of rules that are specified by the Islamic Order.
Law in the above meaning studies a collection of specific and determined rules logically and critically. Still. It is quite possible that any system of law specifies a specific branch of studying to research, deduct and interpret its rules. In fact the knowledge of law means the knowledge of deducting the rules of that system of law. In this case the juridical and the legal are the same.
All in all, it can be said that the philosophy of jurisdiction and law is the knowledge of managing change and development and deepening as well as completing both. One should note that when these two meanings are added to any meaning, includes two kinds of issues:
1. Issues which are not directly related to the system of rules and discuss the mere rules themselves.
2. Issue which are related to the laws of Islam. What is important is the existence of these two alongside each other. Although dealing with one might be useful but it dose not suffice.
In addition to these, it is important to pay attention to the origins of juridical issues. Since, in order to take many of the juridical issues into account, the existence of some thoughts that are formed by different schools of thought in oratory, philosophical and interpretative areas which have been effective on the juridical topics is necessary. Simply, the juridical and lawful issues are transferal _ logical interpretation of the current issues in every day life and in other words, by the use of jurisdiction and law, we will subtract and get the methods of personal and social living from the logical and transferal interpretations.
Isar (Munificence):
Denotatively it means giving in abundance and preferring others over oneself (Dehkhoda Dictionary: Vol. 3, P. 3166). In every day use, it means negation of the self. And when it is used in accompany of martyrdom, it means dedicating blood and even life for the sake of an objective that is beneficial for every one.
Martyr: Being killed for the sake of God. Killing for the sake of God since the one who is killed is living with / by God. In jurisdictional use of the term, it is of two kinds: the first is the real martyr and he / she is a man / a woman of age and wisdom who is killed due to cruelty. The second is called a martyr by law and he / she is a man / a woman who dies of cholera or plague and it is necessary to wash them and clothe them in shroud unlike the first group.
In proportion with the subject of the article it should be mentioned that the most valuable and the highest arena of munificence and martyrdom is the arena of war and Jihad. Therefore it is necessary to discuss the juridical and lawful bases of women’s presence in the arenas of war and jihad carefully so that the context and the field of martyrdom and munificence are analyzed for women’s presence.
Jihad:
Jihad has been taken from a root (Jahd) which means effort and from (Johd) which means patience and in the Islamic juridical teachings means fighting for the sake of Islam. Certainly, if the Islamic country and its borders are attacked, it is incumbent on every one to defend and is does not matter whether it is male or female, young or old. It is necessary to offer one’s life and property and there is no need to have the permission of an innocent Imam or his representative. Therefore it is necessary that all those who have come of age participate in the war without any condition and with whatever means of defense she / he might have (Javaher Al Kalam, vol. 21, PP. 19 _ 18; Tahrir Al Vasilat, Vol. 1, P. 486, Question No. 7). Even if a Muslim country is threatened to be attacked, all the Islamic countries should participate in its defense against enemy and this is called a defense Jihad and whoever is killed from the Muslim countries is martyr.
History of the Decree of Jihad
In the Qur’anic and narrative sources the beginning of Jihad is explained explicitly. The stages of this order are as follow:
First Stage:
The order that was descended upon Prophet Muhammad ( S. A. ) about inviting the Muslims of Mecca, who were suffering the cruelties of the unbeliever of Qoreish, to patience and fortitude has been mentioned in Qur’an as follow:
“Have you not seen those to whom it was said: withhold your hands, and keep up prayer and pay the poor-rate; but when fighting is prescribed for them, lo! A party of them fears men as they ought to have feared Allah, or (even) with a greater fear, and say: our lord! Why hast thou ordained fighting for us? Wherefore didst thou not grant us a delay to a near end? say: the provision of this world is short, and the hereafter is better for him who guards (against evil); and you shall not be wronged the husk of a date stone (Al _ Nisa Women_77) أَلَمْ تَرَ Ø¥Ù?Ù„ÙŽÙŠ الَّذÙ?ينَ Ù‚Ù?يلَ Ù„ÙŽÙ‡Ù?مْ ÙƒÙ?Ù?Ù‘Ù?واْ أَيْدÙ?ÙŠÙŽÙƒÙ?مْ ÙˆÙŽØ£ÙŽÙ‚Ù?يمÙ?واْ الصَّلاَةَ وَآتÙ?واْ الزَّكَاةَ Ù?َلَمَّا ÙƒÙ?تÙ?بَ عَلَيْهÙ?Ù…Ù? الْقÙ?تَالÙ? Ø¥Ù?ذَا Ù?َرÙ?يقٌ مّÙ?نْهÙ?مْ يَخْشَوْنَ النَّاسَ كَخَشْيَةÙ? اللّهÙ? أَوْ أَشَدَّ خَشْيَةً وَقَالÙ?واْ رَبَّنَا Ù„Ù?Ù…ÙŽ كَتَبْتَ عَلَيْنَا الْقÙ?تَالَ لَوْلا أَخَّرْتَنَا Ø¥Ù?Ù„ÙŽÙŠ أَجَلÙ? قَرÙ?يبÙ? Ù‚Ù?لْ مَتَاعÙ? الدَّنْيَا Ù‚ÙŽÙ„Ù?يلٌ وَالآخÙ?رَةÙ? خَيْرٌ لّÙ?Ù…ÙŽÙ†Ù? اتَّقَي وَلاَ تÙ?ظْلَمÙ?ونَ Ù?َتÙ?يلاً ï´¿77ï´¾
With this Qur’anic order, the poor oppressed Muslims were required to wait against the cruelties of the enemies and the unbelievers and just do their prayers.
Second Stage: Authorizing War
Muslims were forced to leave inevitably Mecca toward Medina and consequently God has decreed and allowed the Muslims who were suffering the cruelties and the suppression of the unbelievers as a result of which they were forced to leave their hometown and homes to fight against them. There is a big difference between allowing and authorizing the war on one side and the necessity of Jihad on the other and authorizing the war indeed was meant an opportunity given to the Muslims to prepare themselves for war and Jihad. This was mentioned in Qur’an as follow:
permission (to fight) is given to those upon whom war is made because they are oppressed, and most surely allah is well able to assist them; Ø£Ù?Ø°Ù?Ù†ÙŽ Ù„Ù?لَّذÙ?ينَ ÙŠÙ?قَاتَلÙ?ونَ بÙ?أَنَّهÙ?مْ ظÙ?Ù„Ù?Ù…Ù?وا ÙˆÙŽØ¥Ù?نَّ اللَّهَ عَلَي نَصْرÙ?Ù‡Ù?مْ لَقَدÙ?يرٌ ï´¿39ï´¾
(Al Hajj (Pilgimage), 39).
Third Stage: The Incumbency of the Defensive Jihad:
At this stage the necessity and the incumbency of war against the cruel is sent and it is regarded as necessary; Qur’an in this regard says:
“and kill them wherever you find them, and drive them out from whence they drove you out, and persecution is severer than slaughter, and do not fight with them at the sacred mosque until they fight with you in it, but if they do fight you, then slay them; such is the recompense of the unbelievers (191) وَاقْتÙ?Ù„Ù?وهÙ?مْ ØَيْثÙ? Ø«ÙŽÙ‚Ù?Ù?ْتÙ?Ù…Ù?وهÙ?مْ وَأَخْرÙ?جÙ?وهÙ?Ù… مّÙ?نْ ØَيْثÙ? أَخْرَجÙ?وكÙ?مْ وَالْÙ?Ù?تْنَةÙ? أَشَدّÙ? Ù…Ù?Ù†ÙŽ الْقَتْلÙ? وَلاَ تÙ?قَاتÙ?Ù„Ù?وهÙ?مْ عÙ?ندَ الْمَسْجÙ?دÙ? الْØَرَامÙ? Øَتَّي ÙŠÙ?قَاتÙ?Ù„Ù?وكÙ?مْ Ù?Ù?يهÙ? Ù?ÙŽØ¥Ù?Ù† قَاتَلÙ?وكÙ?مْ Ù?َاقْتÙ?Ù„Ù?وهÙ?مْ ÙƒÙŽØ°ÙŽÙ„Ù?ÙƒÙŽ جَزَاء الْكَاÙ?Ù?رÙ?ينَ ï´¿191ï´¾
but if they desist, then surely Allah is forgiving, merciful”? (192) Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَوْاْ Ù?ÙŽØ¥Ù?نَّ اللّهَ غَÙ?Ù?ورٌ رَّØÙ?يمٌ ï´¿192ï´¾
( Al _ Baqara (The Cow), 191 _ 192).
Stage 4: The Preliminary War and Jihad
Literally Jihad means forsaking one’s life and properties in fighting with the unbelievers and for the sake of Islam and keeping Islam alive. It is necessary to have the permission of the Innocent living Imam, as it has been stated. In such Jihad, there are some special orders that have to be investigated in their appropriate place. Qur’an, about this stage, indicates that:
fighting is enjoined on you, and it is an object of dislike to you; and it may be that you dislike a thing while it is good for you, and it may be that you love a thing while it is evil for you, and Allah knows, while you do not know (216). ÙƒÙ?تÙ?بَ عَلَيْكÙ?Ù…Ù? الْقÙ?تَالÙ? ÙˆÙŽÙ‡Ù?ÙˆÙŽ ÙƒÙ?رْهٌ لَّكÙ?مْ وَعَسَي Ø£ÙŽÙ† تَكْرَهÙ?واْ شَيْئًا ÙˆÙŽÙ‡Ù?ÙˆÙŽ خَيْرٌ لَّكÙ?مْ وَعَسَي Ø£ÙŽÙ† تÙ?ØÙ?بّÙ?واْ شَيْئًا ÙˆÙŽÙ‡Ù?ÙˆÙŽ شَرٌّ لَّكÙ?مْ وَاللّهÙ? يَعْلَمÙ? وَأَنتÙ?مْ لاَ تَعْلَمÙ?ونَ ï´¿216ï´¾
(Al _ Baqara (The Cow), 216).
It should be noted that, from this ayah “fighting is enjoined on you”?, we can both infer the order and decree on preliminary Jihad and defensive Jihad. (Javaher _ Al _ Kalam, Vol. 21, P. 4).
Stage 5: Encouragement and Incitement:
Qur’an in this regard says:
o prophet! urge the believers to war; if there are twenty patient ones of you they shall overcome two hundred, and if there are a hundred of you they shall overcome a thousand of those who disbelieve, because they are a people who do not understand يَا أَيّÙ?هَا النَّبÙ?يّÙ? ØَرّÙ?ضÙ? الْمÙ?ؤْمÙ?Ù†Ù?ينَ عَلَي الْقÙ?تَالÙ? Ø¥Ù?Ù† ÙŠÙŽÙƒÙ?Ù† مّÙ?نكÙ?مْ عÙ?شْرÙ?ونَ صَابÙ?رÙ?ونَ يَغْلÙ?بÙ?واْ Ù…Ù?ئَتَيْنÙ? ÙˆÙŽØ¥Ù?Ù† ÙŠÙŽÙƒÙ?Ù† مّÙ?نكÙ?Ù… مّÙ?ئَةٌ يَغْلÙ?بÙ?واْ أَلْÙ?ًا مّÙ?Ù†ÙŽ الَّذÙ?ينَ ÙƒÙŽÙ?َرÙ?واْ بÙ?أَنَّهÙ?مْ قَوْمٌ لاَّ ÙŠÙŽÙ?ْقَهÙ?ونَ ï´¿65ï´¾
(Al _ Anfal (Spoils of War), 65).
In the same way ayahs 38 and 39 from Al _ Tawba mentions:
O you who believe! What (excuse) have you that when it is said to you: go forth in Allah’s way, you should incline heavily to earth; are you contented with this world's life instead of the hereafter? but the provision of this world's life compared with the hereafter is but little (38) يَا أَيّÙ?هَا الَّذÙ?ينَ آمَنÙ?واْ مَا Ù„ÙŽÙƒÙ?مْ Ø¥Ù?ذَا Ù‚Ù?يلَ Ù„ÙŽÙƒÙ?Ù…Ù? انÙ?Ù?رÙ?واْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? اثَّاقَلْتÙ?مْ Ø¥Ù?Ù„ÙŽÙŠ الأَرْضÙ? أَرَضÙ?يتÙ?Ù… بÙ?الْØَيَاةÙ? الدّÙ?نْيَا Ù…Ù?Ù†ÙŽ الآخÙ?رَةÙ? Ù?َمَا مَتَاعÙ? الْØَيَاةÙ? الدّÙ?نْيَا Ù?Ù?ÙŠ الآخÙ?رَةÙ? Ø¥Ù?لاَّ Ù‚ÙŽÙ„Ù?يلٌ ï´¿38ï´¾
if you do not go forth, he will chastise you with a painful chastisement and bring in your place a people other than you, and you will do him no harm; and Allah has power over all things Ø¥Ù?لاَّ تَنÙ?Ù?رÙ?واْ ÙŠÙ?عَذّÙ?بْكÙ?مْ عَذَابًا Ø£ÙŽÙ„Ù?يمًا وَيَسْتَبْدÙ?لْ قَوْمًا غَيْرَكÙ?مْ وَلاَ تَضÙ?رّÙ?وهÙ? شَيْئًا وَاللّهÙ? عَلَي ÙƒÙ?لّÙ? شَيْءÙ? قَدÙ?يرٌ ï´¿39ï´¾
(Al _ Tawba , Bara’ah (Repentance, 38 _ 39).
Qur’an orders Prophet Muhammad ( S. A. ) to encourage and incite the Muslims to face the unbelievers and the enemy and this is after the ayahs which orders the preparation of the forces to frighten the enemy and preventing the war. Indeed, this ayah explains and describes the latest means to prevent the war and the beginning of the attacks from the enemy’s side. First preparation of the defense forces and then invitation to peace from powerful stands and not from weak stands and finally order to fight: “o prophet! Urge the believers to war.”?
Stage 6: Communal Preparation:
In the last stage of the order to Jihad, the decree indicates a communal preparation and it is considered vital for the Islamic society to survive. At this stage the Muslims have to put negligence aside and move toward Jihad in any condition. Qur’an, in this regard, clearly says:
go forth light and heavy, and strive hard in Allah’s way with your property and your persons; this is better for you, if you know انْÙ?Ù?رÙ?واْ Ø®Ù?Ù?َاÙ?ًا ÙˆÙŽØ«Ù?قَالاً وَجَاهÙ?دÙ?واْ بÙ?أَمْوَالÙ?ÙƒÙ?مْ ÙˆÙŽØ£ÙŽÙ†Ù?Ù?سÙ?ÙƒÙ?مْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? Ø°ÙŽÙ„Ù?ÙƒÙ?مْ خَيْرٌ لَّكÙ?مْ Ø¥Ù?Ù† ÙƒÙ?نتÙ?مْ تَعْلَمÙ?ونَ ï´¿41ï´¾
(Repentance, 41)
The Purposes of War ad Jihad:
The Holy Qur’an has highlighted four basic aims for Jihad:
1. Defending the Monotheistic Thinking: Keeping and preserving religion and religiosity of people is one of the preliminary and basic goals of Islam. In order to keep the religious and monotheistic aspects of Islam, Qur’an has clearly ordered on Jihad and thus says:
Those who have been expelled from their homes without a just cause except that they say: our lord is Allah. and had there not been Allah’s repelling some people by others, certainly there would have been pulled down cloisters and churches and synagogues and mosques in which Allah’s name is much remembered; and surely Allah will help him who helps his cause; most surely Allah is strong, mighty (Al _ Hajj (Pilgrimage), 40). الَّذÙ?ينَ Ø£Ù?خْرÙ?جÙ?وا Ù…Ù?Ù† دÙ?يَارÙ?Ù‡Ù?مْ بÙ?غَيْرÙ? ØَقّÙ? Ø¥Ù?لَّا Ø£ÙŽÙ† ÙŠÙŽÙ‚Ù?ولÙ?وا رَبّÙ?نَا اللَّهÙ? وَلَوْلَا دَÙ?ْعÙ? اللَّهÙ? النَّاسَ بَعْضَهÙ?Ù… بÙ?بَعْضÙ? لَّهÙ?دّÙ?مَتْ صَوَامÙ?عÙ? وَبÙ?يَعٌ وَصَلَوَاتٌ وَمَسَاجÙ?دÙ? ÙŠÙ?ذْكَرÙ? Ù?Ù?يهَا اسْمÙ? اللَّهÙ? ÙƒÙŽØ«Ù?يرًا وَلَيَنصÙ?رَنَّ اللَّهÙ? Ù…ÙŽÙ† يَنصÙ?رÙ?Ù‡Ù? Ø¥Ù?نَّ اللَّهَ Ù„ÙŽÙ‚ÙŽÙˆÙ?يٌّ عَزÙ?يزٌ ï´¿40ï´¾
2. Defending the Poor:
According to wisdom and logic defending the oppressed and those who suffer cruelty is necessary. Any healthy person and any one who think of himself to be powerful in a special field takes it on himself / herself to resist against the cruel people but at any time there are people who do not take the responsibility and give way to some cruel people to oppress the others. In order to admonish and reproach such kind of people, Qur’an indicates that:
“And what reason have you that you should not fight in the way of Allah and of the weak among the men and the women and the children, (of) those who say: our lord! Cause us to go forth from this town, whose people are oppressors, and give us from thee a guardian and give us from thee a helper”? (Al _ Nisa (Women), 75).
وَمَا Ù„ÙŽÙƒÙ?مْ لاَ تÙ?قَاتÙ?Ù„Ù?ونَ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? وَالْمÙ?سْتَضْعَÙ?Ù?ينَ Ù…Ù?Ù†ÙŽ الرّÙ?جَالÙ? وَالنّÙ?سَاء وَالْوÙ?لْدَانÙ? الَّذÙ?ينَ ÙŠÙŽÙ‚Ù?ولÙ?ونَ رَبَّنَا أَخْرÙ?جْنَا Ù…Ù?نْ Ù‡ÙŽØ°Ù?Ù‡Ù? الْقَرْيَةÙ? الظَّالÙ?Ù…Ù? أَهْلÙ?هَا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ ÙˆÙŽÙ„Ù?يًّا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ نَصÙ?يرًا ï´¿75ï´¾
3. Creating and Maintaining Social Justice:
Sometimes fighting is for the sake of rooting riot and sedition in the human society so that theology is propagated through out society. Here is Qur’an’s special order on this issue:
And fight with them until there is no persecution, and religion should be only for Allah, but if they desist, then there should be no hostility except against the oppressors (193).
وَقَاتÙ?Ù„Ù?وهÙ?مْ Øَتَّي لاَ تَكÙ?ونَ Ù?Ù?تْنَةٌ ÙˆÙŽÙŠÙŽÙƒÙ?ونَ الدّÙ?ينÙ? Ù„Ù?لّهÙ? Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَواْ Ù?َلاَ عÙ?دْوَانَ Ø¥Ù?لاَّ عَلَي الظَّالÙ?Ù…Ù?ينَ ï´¿193ï´¾.
4. Defense Against Oppression: The tradition of rules of God in this world are set on the bases of man’s freedom of will to either choose the right way or go astray and this is in accordance with the freedom principle of the human beings in this world. But when the cruelties and oppressions of the cruel and the oppressors have corrupted the communal morale, God will help some of His servants to prevent the rebellion and mutations of the oppressors. This is one of the benevolences of God toward His servants; Ayah 251 from Al _ Baqara Sura refers to this issue obviously:
And were it not for Allah’s repelling some men with others, the earth would certainly be in a state of disorder; but Allah is gracious to the creatures (251)
…وَلَوْلاَ دَÙ?ْعÙ? اللّهÙ? النَّاسَ بَعْضَهÙ?مْ بÙ?بَعْضÙ? لَّÙ?َسَدَتÙ? الأَرْضÙ? ÙˆÙŽÙ„ÙŽÙƒÙ?نَّ اللّهَ Ø°Ù?Ùˆ Ù?َضْلÙ? عَلَي الْعَالَمÙ?ينَ ï´¿251ï´¾.
Kinds of Defense (Jihad) and Their Relevant Decrees
It is necessary to talk about three points here:
1. Kinds of Jihad
2. Decrees of Jihad
3. Conditions of Jihad
Kinds of Jihad:
Although some of the Islamic researchers divide the kinds of Jihad in to two types of Primary Jihad and Defensive Jihad and consider for each of them some sub _ categories, primary jihad is a kind of defensive jihad and this will be clarified later on in the following pages.
1. Primary Jihad: from the point of view of some interpreters of Qur’an, Ayah 39 from Al _ Hajj Sura is the first ayah on Jihad and that is:
permission (to fight) is given to those upon whom war is made because they are oppressed, and most surely Allah is well able to assist them; (39) Ø£Ù?Ø°Ù?Ù†ÙŽ Ù„Ù?لَّذÙ?ينَ ÙŠÙ?قَاتَلÙ?ونَ بÙ?أَنَّهÙ?مْ ظÙ?Ù„Ù?Ù…Ù?وا ÙˆÙŽØ¥Ù?نَّ اللَّهَ عَلَي نَصْرÙ?Ù‡Ù?مْ لَقَدÙ?يرٌ ï´¿39ï´¾
Then, it continues:
Those who have been expelled from their homes without a just cause except that they say: our lord is Allah. (40)
الَّذÙ?ينَ Ø£Ù?خْرÙ?جÙ?وا Ù…Ù?Ù† دÙ?يَارÙ?Ù‡Ù?مْ بÙ?غَيْرÙ? ØَقّÙ? Ø¥Ù?لَّا Ø£ÙŽÙ† ÙŠÙŽÙ‚Ù?ولÙ?وا رَبّÙ?نَا اللَّهÙ? ï´¿40ï´¾
If this is the first ayah for the incumbency of Jihad, Jihad in its defensive form against the enemy, then it is the beginning of the canonization of Jihad.
Others have considered ayah 190 of Al _ Baqara Suar (The Cow) as the first ayah on Jihad and says:
And fight in the way of Allah with those who fight with you, and do not exceed the limits, surely Allah does not love those who exceed the limits (190).
وَقَاتÙ?Ù„Ù?واْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? الَّذÙ?ينَ ÙŠÙ?قَاتÙ?Ù„Ù?ونَكÙ?مْ وَلاَ تَعْتَدÙ?واْ Ø¥Ù?نَّ اللّهَ لاَ ÙŠÙ?ØÙ?بّÙ? الْمÙ?عْتَدÙ?ينَ ï´¿190ï´¾
If this theory is accepted, then the basis of Jihad is laid on the defeat of the enemy and every wise man knows that being silent and motionless against the attacks and invasion of enemy is not compatible with any logic.
An important point that should be taken into account is that we should not interpret the meaning of defensive war in a way that the Islamic countries should await the attacks and invasions of the enemy to their borders and homes and only after this they have to start defending themselves. Rather, whenever they felt they are threatened by enemies they have to be swift so much that they take the lead and defend the attacking powers of the enemy.
2. Jihad for Preventing the Oppression of the Oppressors:
The famous Ayah “
And fight with them until there is no persecution, and religion should be only for Allah, but if they desist, then there should be no hostility except against the oppressors (193). وَقَاتÙ?Ù„Ù?وهÙ?مْ Øَتَّي لاَ تَكÙ?ونَ Ù?Ù?تْنَةٌ ÙˆÙŽÙŠÙŽÙƒÙ?ونَ الدّÙ?ينÙ? Ù„Ù?لّهÙ? Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَواْ Ù?َلاَ عÙ?دْوَانَ Ø¥Ù?لاَّ عَلَي الظَّالÙ?Ù…Ù?ينَ ï´¿193ï´¾
Persecution in this ayah has been interpreted as corruption, torture of the believers, blasphemy, idolatry and incurring them on others. All these cases are considered as a kind of attack on the part of the enemy. Therefore, leading Jihad against such attacks is a kind of defense. The Sentence “then there should be no hostility except against the oppressors”? will clearly show that the aim, is to prevent cruelty and defense against any persecution. According to this ayah defense against persecution is obligatory and incumbent on the Muslims and believers.
3. Jihad for the Sake of Defending the Oppressed:
Qur’an invites people to jihad for the protection and support of the poor and fighting with the cruel and oppressor and thus says:
“And what reason have you that you should not fight in the way of allah and of the weak among the men and the women and the children, (of) those who say: our lord! cause us to go forth from this town, whose people are oppressors, and give us from thee a guardian and give us from thee a helper (Al _ Nisa (Women), 75)
وَمَا Ù„ÙŽÙƒÙ?مْ لاَ تÙ?قَاتÙ?Ù„Ù?ونَ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? وَالْمÙ?سْتَضْعَÙ?Ù?ينَ Ù…Ù?Ù†ÙŽ الرّÙ?جَالÙ? وَالنّÙ?سَاء وَالْوÙ?لْدَانÙ? الَّذÙ?ينَ ÙŠÙŽÙ‚Ù?ولÙ?ونَ رَبَّنَا أَخْرÙ?جْنَا Ù…Ù?نْ Ù‡ÙŽØ°Ù?Ù‡Ù? الْقَرْيَةÙ? الظَّالÙ?Ù…Ù? أَهْلÙ?هَا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ ÙˆÙŽÙ„Ù?يًّا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ نَصÙ?يرًا ï´¿75ï´¾
In this ayah first of all the invitation is to jihad for the sake of God and immediately after that the discussion goes on to talk about the oppressed and the tyrannized whom the tyrants and oppressors have forced them to quit their home and town. And it seems that these two refer to the same meaning since helping and supporting the tyrannized and the oppressed people is the clear testimony of jihad for the sake of God.
We should note that the oppressed is different from the weak. A weak person is a man / woman who is infirm but an impoverished person is a man / woman who has been weakened by the cruel whether this impoverishment is in imagination or cultural, social, economical, and political.
Any way this kind of Jihad is a defensive jihad, it is defending the tyrannized against the tyrants. The above aims are the most basic goals of the Islamic Jihad. Although it is possible to divide them into two parts of primary and defensive Jihads but they are defensive jihads in spirit. It is why we can not find an example in the history of Islam in which the enemies have been ready to lead a peaceful life with the Muslims and Islam rejected them.
Finally, it is necessary to mention this point that defense does not mean that human beings should sit and await the attacks of the enemy rather it means that they should be ready to react against the movements of the enemy and keep their defense powers ready especially in susceptible conditions and attack the enemy before being attacked by them. Certainly and with no doubt Jihad with all it six stages and three kinds is one of the duties that are incumbent on the human beings.
Words such as “written”? in the “it is written as your duty to kill, even if it is protective …”? indicates that it is incumbent and necessary to fight with the enemy. This is a common agreement among the Muslims and there is no disagreement on it.
Among all the theologians from the beginning to the end, Jihad has been a matter of concern and we hereby bring some of them as examples:
Sheikh Sadogh, Abi Jafar Muhammad Ibne Ali Ibne Al Hussein Ibne Mussa Baboyeh Qomi in “Al – Hedaiat Be Al Kheir”? in page 59 says:
«Ùˆ امّا الجهاد الذي هوسنه لا يقام الّا مع Ù?رض، Ù?انّ مجاهده العدوّ Ù?رض علي جميع الامّه Ùˆ لو تركوا الجهاد لَاَتاهم العذاب»
“Jihad and fighting with enemies are incumbent on the entire nation and leaving it causes tribulation”?.
Sheikh Mofid Abi Abd Allah Muhammad Ibne Al – Ne’man Al – Haresi Al Baghdadi (R. T. A.) says that:
«Ùˆ جهاد الكÙ?ّار Ùˆ من يستØÙ‚ ذلك من الÙ?جّار، يجب علي اخوانه المؤمنين معونته علي ذلك»
“It is incumbent on all believers to help the Islamic leader in fighting with the unbelievers or the rakish”? ( Al _ Maghna’at, P. 180).
Sheikh Toosi Muhammad Ibne Al _ Hassan Ibne Ali Ibne Al _ Hassan Al _ Toosi says:
«Ø§Ù„جهاد Ù?ريضه من Ù?رائض الاسلام Ùˆ ركن من اركانه...»
“War and fighting the enemies is one of the necessities of God and one of the pillars of Islam (Al _ Nehaiat, P: 289).
The late Ghazi Ibne Borraj Says:
«Ø§Ù„جهاد Ù?رض علي جميع المسلمين علي الكÙ?ايه»
“The war is incumbent on any Muslim.”? (Al _ Mohazzab. Vol. 1, P. 293).
Ibne Zohreh says:
«Ø§Ù„جهاد Ù?رض من Ù?رائض الاسلام بلاخلاÙ?» (غنيمه النزوع، ص) 199(
“Without having any disagreement (among the theologians) fighting with the enemies of Islam is one of the necessities of Islam”?.
Of the late comer theologians, Imam Khomeini (R. T. A.) says:
«Ù„Ùˆ غشي بلاد المسلمين او ثغورها عدوّ يخشي منه علي بيضه الاسلام Ùˆ مجتمعهم يجب عليهم الدÙ?اع عنها بأيّه وسيله ممكنه من بذل الاموال Ùˆ النÙ?وس» )غنية النزوع، ص 199)
Whenever the enemy has the intention of attacking Islamic territories or their borders and prepared the way for attacking Islam and Islamic society, it is incumbent on any one to defend it with whatever means they could prepare and offer”? (Ghaniat Al _ Nozo’a, P. 99).
Great leader Saied Ali Khamenei says: It is necessary to defend Islam and Muslims”?.
I bring this topic to the end by the words and idea of Saheb Javaher who is one of the greatest nobles and scientists of Islam and Shiites. After accounting for the conditions of Jihad, he says:
«Ùˆ كيÙ? كان Ù?لا خلاÙ? بين المسلمين Ù?ÙŠ وجوبه Ù?ÙŠ الجمله بل هو كالضروري، خصوصاً بعد الامر به Ù?ÙŠ الكتاب العزيز Ù?ÙŠ آيات كثيره،...»
“There is no difference among the Muslims regarding the incumbency of Jihad. Its incumbency is one of necessities of Islam especially since there are many ayahs in Qur’an regarding the incumbency of Jihad.”? (Javaher Al Kalam, Vol. 21, P. 8).
Narrations from Prophet Muhammad’s Descendents ( A. S.)
From the point of view of having regard for the narrations from Prophet Muhammad’s Descendents ( A. S.), it is appropriate to bring forth some narratives about Jihad.
The narratives on this case is continuous and they are such great in number that they make any one who is after truth certain about the necessity of Jihad on all those who came of age and herby, I feel enough to mention some hadiths:
1. Her holiness Zeinab ( A. S. ) quotes from her mother, her holiness Zahra ( A. S.): «Ù?رض الله الايمان تطهيرا من الشرك Ùˆ الجهاد عزّ الاسلام»
It means: God has made faith a necessity to cleanse human being from disbelief and appointed Jihad incumbent for the honor and esteem of Islam. ( Vasael Al _ Shiites, Vol. 1, B 1, From Chapters Introduction and Prayers, 22nd Hadith).
2. Ali Ibne Abraham Quotes from his father who had quoted from Mahbub Raf’at abou Imam Ali ( A. S. ):
«Ø§Ù† الله Ù?رض الجهاد Ùˆ عظّمه وجعله نصره Ùˆ ناصره، Ùˆ الله ما صلØت دينا Ùˆ دين الابه»
That means that Imam Ali ( A. S. ) says : God, His Holiness, has set Jihad as a great incumbency and considers it to be a leading means for the victory of Islam. I make an oath that religion and faith would not be rectified unless Jihad for the sake of God is conducted. ( Kafi, Sheikh Kalini. Vol. 5, P. 8. Vasael Al _ Shiites, Vol. 1taken from the chapter of Fighting with the Enemy, H. 15).
With regard to the ayahs quoted and the narratives on Jihad as well as the existence of agreement among the Islamic experts on the incumbency of Jihad, wisdom, separately, considers Jihad necessary on all people who came of age no matter whether they are men or women, old or young. Since it will preserve religion and keeps every body’s right secure.
Conditions of Jihad:
The Islamic experts have mentioned some characteristics for the participants of Jihad. These conditions are:
1. The participants should be wise.
2. The participants should have come of age.
3. The participants should be healthy and they should be physically able. ( it is not incumbent on the infirm, the old, and the disabled ).
4. (In the primary war) it is necessary to have the permission of the innocent Imam ( A. S. ) of the period.
5. The participants should be men.
All the experts of Islam agree on the first three conditions and there is no disagreement or discordance in accordance with reasonable and quoted sources.
The Permission of the Innocent Imam ( A. S. ) in the Primary Jihad
In order to investigate the above condition we should know that most of the documents indicate the Jihad is incumbent on the Muslims in the face of the disbelievers and blasphemers. Now the question that should be asked here is whether Jihad is incumbent on them only in case the enemy attacked or before their attack or if it is necessary when the Muslims are intended to propagate the theology or to prevent possible attacks as well as to destroy blasphemy and disbelief in the world. In order to achieve the answer of this question it should be said that:
1. As it was mentioned, the spirit of the primary war refers to the defensive war.
2. As the ayahs and narratives indicate, Jihad is necessary and incumbent on all.
3. The reasons for the necessity of Jihad issued by the innocent Imam ( A. S. ) is not complete and enough.
4. At the time of the innocent Imam’s ( A. S. ) absence in the case of primary defense, the invitation and request of the knowledgeable and expert Islamic leader is necessary.
5. In accordance with wisdom, Jihad and defense under the authority of the cruel and oppressing rulers is not acceptable.
Finally, it is necessary that the innocent Imam ( A. S. ) of the time authorize Jihad and defense in case of primary wars. (In case innocent Imam ( A. S. ) of the time is alive). And at the time of the absence of the innocent Imam ( A. S. ), the necessity of the primary war is determined and authorized by the knowledgeable and expert Islamic leader. (Resalat Ajvabat, Al Estefta’at Ayat Allah Al Ozma Khamenei, P. 243. Q. No. 1048).
The Incumbency of Primary Jihad on Men
Primary Jihad, not in its defensive meaning, rather in its special meaning ) of giving in abundance one’s life and property in fighting with disbelievers or the aggressors for the sake of Islam’s honor, the propagation of theological thinking, and prevention of the possible attacks as well as destruction of blasphemy and disbelief in the world) is specialized for men.
Saheb Javaher ( R. T. A. )says: “Jihad is not incumbent on women and after indicating the existence of no disagreement, he further indicates that general agreement on that issue is the same as its necessity.”? (Javaher Al _ kalam. Vol. 21, PP. 5 – 7.)
Great men, such as Ibne Barraj in his Mohazzeb Al _ Barej (Vol. 1, P. 293), Mohaghegh Korki in Jame’ Al _ Maghased (Vol. 3, P. 368), Mohaghegh Ardabili in Majma’ Al _ Faedeh val Borhan (Vol. 7, P. 436) and the first and second martyrs in their Loma’eh and Rowzeh (Rowzat Al _ Bahiat. Vol. 2 (10 vol. set) P. 382), agree on the fact that Jihad is not necessary on women.
What has been mentioned as the reason for this order is the existence of agreement and narratives. As it was indicated in the words of Saheb Javaher ( R. T. A. ), there is no disagreement on this issue. And if there is agreement among the experts of Islam, it can be used as a viable reason for issuing a rule in this regard. Anyway, what can be used in the investigation and documentation, except for agreement, is a quotation from the Chief of the Muslims, Imam Ali ( A. S. ) that is quoted by Kalini Khabar Asbagh Ibne Nabateh: “«ÙƒØªØ¨ الله الجهاد علي الرّجال Ùˆ النّساء، Ù?جهاد الرّجل بذل ماله Ùˆ Ù†Ù?سه Øتّي يقتل Ù?ÙŠ سبيل الله، Ùˆ جهاد المرئه ان تصبر علي ما تري من اذي زوجها Ùˆ غيرته» (وسائل الشيعه، ابواب جهادالعدوّ ØŒ باب 4ØŒ ج 1)
“God has made Jihad incumbent on men and women. Then Jihad on the part of men includes giving one’s life and property so much so that they are killed for the sake of God and that of women includes being patient on the sufferings of their men”?. (Vasael Al _ Shiites, Chapters on Fighting Enemies. Chapter 4. Vol. 1).
Although this narrative is true, still it should be noted that there is a Hussein Ibne Alvan in its documentation who is not a very trustful narrator. (Tanghih Al _ Maghal, Vol. 1. P. 41). Therefore we should not rely on this narrative in our documentation.
There is another reason for this issue and that is: since women are weak and can not take part in Jihad, therefore it is not necessary for them to participate in Jihad. Still, if the only reason that exempts women from Jihad is weakness, it is not specialized to them only. Since if any one who is weak, he or she will be exempt from war and jihad. Then, any one who is able enough to participate in Jihad, it is necessary on them to participate regardless of the gender of the participants. Therefore there is no viable reason which might exempt women from jihad except for Agreement among the Islamic Experts. Some Islamic experts consider the actions and deeds of followers Prophet Muhammad as compensations for weakness.
Conclusion:
With regard to the decree of wisdom on the general participation of people and the Islamic Nation in facing the attacks of the enemies, defense and resistance in the face of the trespassers is incumbent on all people, i. e. men and women, old and young and escaping from it is forbidden and incurs punishment in the world which is to come. This is what all the Islamic experts agreed on.
What these ayahs and narratives indicate about the necessity of Jihad includes all kinds of Jihad and their incumbency on all Muslims who are healthy.
At the time of Prophet Muhammad ( S. A. ), women were used to participating in different wars that He took part and women participated in the wars (Such as Nosaibeh in Ohod) along with men.
Ghadr Yaghini
If any one is dubious about the above mentioned discussions and documentations or it is hard for them to accept, what is obvious among all the Islamic experts is that the defensive jihad is incumbent on all women, too. (Estefta’at of Imam Khomeini, Vol. 1. P. 493 – 494. Q. No. 1, 2, 3, 4 and 38. Javaher Al Klam. Vol. 21. PP. 19 _ 19.).
Sources:
1. The Holy Qur’an,
2. Ajvabat Al _ Estefta’at, Al _ Saied Ali Khamenei, 12th, Al _ Hoda Publishing and Printing, Spring 1386 (2007).
3. Estefta’at, Imam Khomeini, Society of the Islamic Teachers of Qom. Qom.
4. Tahrir Al _ Vasilat, Imam Khomeini, 2nd,Dar Al – Kotob Al – Elmiat, Al – Najaf Al _ Ashraf, 1390 Hegira.
5. Tanghih Al – Maghal fi Elm Al – Rejal, Al – Shaeikh Abd Allah Al – Mamaghani. Sanghi Publishing and Printing, 1349 Hegira.
6. Jame’ Al – Maghased fi Sharh Al – Ghavaed, Al – Sheikh Ali Ibne Al – Hussein Al – Kerki (Second Researcher), Tahghigh: Institution of Al Al –Beit ( A. S.) Le Ehia Al – Torath, 1st, Institution of Al Al –Beit ( A. S.) Le Ehia Al – Torath – Qom Al – Moshrafat, rabi Al Aval 1408 Hegira.
7. Javaher Al Kalam Fi Shrh Shrae’eh Al – Islam, Al – Sheikh Muhammad Hassan Al – Najafi, Research: Al – sheikh Abbas Al – Ghochani, 2nd, Dar Al – Kotob Al Eslamiat, Tehran, 1365 (1986).
8. Al – Rowzat Al – Bahiat fi Sharh Al – Loma’at Al – Dameshghiat, Zain Al – Din Al – Jobei Al – Ameli (Second Martyr), Research: Al – Saied Muhammad Kalantar, 1st, Manshurat Jame’at Al –Najaf Al – Diniat, 1386 Hegira.
9. Ghaniat Al – Noozoo’e Ela Elm Al – Osool va Al – Forro’e, Al – Saied Hamzeh Ibne Zohrat Al – Halabi, Research: Al – Sheikh Abraham Al – Bahadori / Supervised by: Jafar Al – Sobhani, 1st. Imam Sadiq ( A. S. ) Institute, Qom, Moharram Al – Haram 1417 Hegira.
10. Al – Kafi, Abi Jafar Muhammad Ibne Ya’ghopob Ibne Eshagh Al – Kalini Al – Razi (Al – Sheikh Al Kalini), Research: Ali Akbar Al – Ghaffari, 5th, Dar Al – Kotob Al – Eslamiat, Tehran, 1363 (1984) .
11. Dehkhoda Dictionary, Ali Akbar Dehkhodar Unider Supervion of Dr. Saied Jafar Shahidi, Tehran University Press, Tehran Winter 1373 (1994).
12. Majma’a Al – Faedat va Al Borhan fi Sharh Ershad Al – Azhan, Al – Mohaghegh Ardabili, Research: Al – Haj Agha Mojtaba Al _ Iraqi, Al – Sheikh Ali Panah Al Eshtehardi, Al – Haj Agha Hussein Al – Yazdi Al – Esfahani, Manshurat Jama’at Al – Moddarresin fi Al – Hawzat Al – Elmiat fi Qom Al – Moghaddassat.
13. Al – Maghna’at, Abi Abd Allah Muhammad Ibne Muhammad Ibne Al – Ne’man Al – Akbari (Al Sheikh Al – Mofid), Research: Islamic Publishing and Printing House, 2nd, Islamic Publishing and Printing House, Jama’at Al – Moddarresin fi Al – Hawzat Al – Elmiat fi Qom Al – Mosharffat, 1410 Hegira.
14. Al – Mizan Fi Tafsir Al – Qur’an, Al – Saied Muhammad Hussein Al - Tabatabaei, Manshurat Jama’at Al – Moddarresin fi Al – Hawzat Al – Elmiat fi Qom Al – Moghaddassat.
15. Al – Mohazzeb, Al – Ghazi Abd Al – Aziz, Ibne Al Boraj Al – Trablosi, Research: Saied Al – Shohada’s Scientific Institute / Supervised by: jafar Al – Sobhani, Islamic Foundation Press Affiliated to Jama’at Al – Moddarresin fi Al – Hawzat Al – Elmiat fi Qom Al – Moghaddassat 1406 hegira.
16. Al – Mohazzab Al – Bar’eh Fi Sharh Mokhtasar Akl – Nafe’e, Jamal Al – Din Abi Al – Abbas Ahmad Ibne Muhammad Ibne Fahd Al – Helli, Research: Al – Sheikh Mojtaba Al – Iraqi, Islamic Foundation Press Affiliated to Jama’at Al – Moddarresin fi Al – Hawzat Al – Elmiat fi Qom Al – Moghaddassat 1407 hegira.
17. Al – Nehayat Fi Mojrrad Al – Feghh Va Al – Fatavi, Al Sheilh Al – Tae’fat Abi Jafar Muhammad Ibne Al – Hassan Ibne Ali Al – Toosi ( Al – Sheikh Al – Toosi), Qods Press, Qom.
18. Vasael Al – Shiites Ela Tahsil Masael Al – Shariat, Al – Sheikh Muhammad Ibne Al – Hassan Al – Hor Al – Ameli, Research: Institution of Al Al –Beit ( A. S.) Le Ehia Al – Torath,2nd, Institution of Al Al –Beit ( A. S.) Le Ehia Al – Torath Be Qom Al – Mosharrafat, Qom 1414 Hegira.
19. Al – Hedayat, Al – Sheikh Abi – Jafar Al – Sodoogh Muhammad Ibne Ali Ibne Hussein Ibne Babooyeh al Qomi ( Al – Sheikh Al – Soddogh), Research: Imam Hadi ( A. S. ) Institute. First, Imam Hadi ( A. S. ) Institute, Qom, Rajab Al – Morajjab 1418 Hegira.
Jihad is one of the Momentous Bases of Islam and its necessity is based on sufficiency. Defense and not invasion is the essence of Islam. Islam emphasized the observation of the principles of justice and avoiding from trespassing the humanity’s borders in fighting with the enemy; these are the necessary conditions to be victorious in the war arena. The war should be conducted against the enemy and it is not obligatory for the weak to participate in it. But at time of attack by the enemy, defense is an obligatory deed upon every one. And Women are no exception.
The generality of Jihad and defense authenticates women’s participation in the arenas of munificence and martyrdom. The traditions of Prophet Muhammad ( S. A. ) and the Innocent Imams ( A. S. ) indicate the presence of women along side men in the war fronts.
Foreword:
If the world was devoid of the cruel and trespasser countries, there would be no need for keeping and preserving the countries and all the world people would live in security and would have peaceful relationship together.
The instinct of invasion that is extant in individuals, a clan or a nation, in most of the cases, causes them to attack other individuals, clans and nations. It is in these conditions that defense is incumbent on every man and woman. In addition when a nation is rich in culture, makes it obligatory on itself to propagate it and for this aim needs a free environment. This is not possible unless supporting and defending forces are available. With regard to the developments in technology and its penetration into different areas of life, many changes have occurred in the world.
In our world the methods and kind of war has changed and defense has become professionalized.
Nowadays, soft wars have substituted the traditional wars. Therefore it is necessary that Muslims equip themselves for an overall defense. Nowadays professional women are at the forefront of the war alongside expert men. Therefore it is necessary to review their relative ordinance.
There is not an extensive discussion on the munificence and martyrdom of women in religious and juridical books and it is not explained appropriately.
In the past few years, although many articles have been written about women, still it seems that the topic of women’s munificence and martyrdom has not been explored. Therefore, in the present research, a complete report on the presence of women in different scenes of defense, munificence and martyrdom is to be offered and different religious and juridical reasons and documentation are brought forth. Here, it was tried to avoid from explication of the issues as much as it was possible. And their full explanations have been left out for the more knowledgeable people in these areas for the writer of this essay could not cover all of them. It is advisable to note some points before starting the discussion. First, the testimonies, proofs and documentations will be mentioned from Qur’an and narratives. In addition, the principles will be discussed by having in mind that the forms of Jihad and modern wars have changed and in areas of women’s participation in different areas of munificence and martyrdom, their relative decrees and verdicts will be highlighted. The last point is, since the topical issues are not discussed and the logical and juridical issues of the essay are not explored and the reader is referred to other books and topics so that the more knowledgeable people discuss them fully.
Principles: The principles are the logical bases of any topic.
Jurisprudence and Law: Some times law as necessary whole is applied to life devoid of any rules that are formed in any regime of thought and law. In fact law is something different from the mere rules in its abstract meaning that are specified in different regimes of thought. Laws in this meaning will be studies and investigated in the nature of constitutional laws and concepts, the principle of necessity, resources and the difference between rules of law and rules of ethics.
The second application of laws is the one which as an organized field of study deals with deduction and interpretation of the rules of law. In this regard the meaning of philosophy has set its subject the knowledge of law and deals with issues such as ontology, methodology of understanding and interpretation in this field carefully.
The third meaning is the collection of specified rules in the format of a special system of law and here the law it self is used as an addendum. When it said the laws of Islam or the rights of women, it is meant a collection of rules that are specified by the Islamic Order.
Law in the above meaning studies a collection of specific and determined rules logically and critically. Still. It is quite possible that any system of law specifies a specific branch of studying to research, deduct and interpret its rules. In fact the knowledge of law means the knowledge of deducting the rules of that system of law. In this case the juridical and the legal are the same.
All in all, it can be said that the philosophy of jurisdiction and law is the knowledge of managing change and development and deepening as well as completing both. One should note that when these two meanings are added to any meaning, includes two kinds of issues:
1. Issues which are not directly related to the system of rules and discuss the mere rules themselves.
2. Issue which are related to the laws of Islam. What is important is the existence of these two alongside each other. Although dealing with one might be useful but it dose not suffice.
In addition to these, it is important to pay attention to the origins of juridical issues. Since, in order to take many of the juridical issues into account, the existence of some thoughts that are formed by different schools of thought in oratory, philosophical and interpretative areas which have been effective on the juridical topics is necessary. Simply, the juridical and lawful issues are transferal _ logical interpretation of the current issues in every day life and in other words, by the use of jurisdiction and law, we will subtract and get the methods of personal and social living from the logical and transferal interpretations.
Isar (Munificence):
Denotatively it means giving in abundance and preferring others over oneself (Dehkhoda Dictionary: Vol. 3, P. 3166). In every day use, it means negation of the self. And when it is used in accompany of martyrdom, it means dedicating blood and even life for the sake of an objective that is beneficial for every one.
Martyr: Being killed for the sake of God. Killing for the sake of God since the one who is killed is living with / by God. In jurisdictional use of the term, it is of two kinds: the first is the real martyr and he / she is a man / a woman of age and wisdom who is killed due to cruelty. The second is called a martyr by law and he / she is a man / a woman who dies of cholera or plague and it is necessary to wash them and clothe them in shroud unlike the first group.
In proportion with the subject of the article it should be mentioned that the most valuable and the highest arena of munificence and martyrdom is the arena of war and Jihad. Therefore it is necessary to discuss the juridical and lawful bases of women’s presence in the arenas of war and jihad carefully so that the context and the field of martyrdom and munificence are analyzed for women’s presence.
Jihad:
Jihad has been taken from a root (Jahd) which means effort and from (Johd) which means patience and in the Islamic juridical teachings means fighting for the sake of Islam. Certainly, if the Islamic country and its borders are attacked, it is incumbent on every one to defend and is does not matter whether it is male or female, young or old. It is necessary to offer one’s life and property and there is no need to have the permission of an innocent Imam or his representative. Therefore it is necessary that all those who have come of age participate in the war without any condition and with whatever means of defense she / he might have (Javaher Al Kalam, vol. 21, PP. 19 _ 18; Tahrir Al Vasilat, Vol. 1, P. 486, Question No. 7). Even if a Muslim country is threatened to be attacked, all the Islamic countries should participate in its defense against enemy and this is called a defense Jihad and whoever is killed from the Muslim countries is martyr.
History of the Decree of Jihad
In the Qur’anic and narrative sources the beginning of Jihad is explained explicitly. The stages of this order are as follow:
First Stage:
The order that was descended upon Prophet Muhammad ( S. A. ) about inviting the Muslims of Mecca, who were suffering the cruelties of the unbeliever of Qoreish, to patience and fortitude has been mentioned in Qur’an as follow:
“Have you not seen those to whom it was said: withhold your hands, and keep up prayer and pay the poor-rate; but when fighting is prescribed for them, lo! A party of them fears men as they ought to have feared Allah, or (even) with a greater fear, and say: our lord! Why hast thou ordained fighting for us? Wherefore didst thou not grant us a delay to a near end? say: the provision of this world is short, and the hereafter is better for him who guards (against evil); and you shall not be wronged the husk of a date stone (Al _ Nisa Women_77) أَلَمْ تَرَ Ø¥Ù?Ù„ÙŽÙŠ الَّذÙ?ينَ Ù‚Ù?يلَ Ù„ÙŽÙ‡Ù?مْ ÙƒÙ?Ù?Ù‘Ù?واْ أَيْدÙ?ÙŠÙŽÙƒÙ?مْ ÙˆÙŽØ£ÙŽÙ‚Ù?يمÙ?واْ الصَّلاَةَ وَآتÙ?واْ الزَّكَاةَ Ù?َلَمَّا ÙƒÙ?تÙ?بَ عَلَيْهÙ?Ù…Ù? الْقÙ?تَالÙ? Ø¥Ù?ذَا Ù?َرÙ?يقٌ مّÙ?نْهÙ?مْ يَخْشَوْنَ النَّاسَ كَخَشْيَةÙ? اللّهÙ? أَوْ أَشَدَّ خَشْيَةً وَقَالÙ?واْ رَبَّنَا Ù„Ù?Ù…ÙŽ كَتَبْتَ عَلَيْنَا الْقÙ?تَالَ لَوْلا أَخَّرْتَنَا Ø¥Ù?Ù„ÙŽÙŠ أَجَلÙ? قَرÙ?يبÙ? Ù‚Ù?لْ مَتَاعÙ? الدَّنْيَا Ù‚ÙŽÙ„Ù?يلٌ وَالآخÙ?رَةÙ? خَيْرٌ لّÙ?Ù…ÙŽÙ†Ù? اتَّقَي وَلاَ تÙ?ظْلَمÙ?ونَ Ù?َتÙ?يلاً ï´¿77ï´¾
With this Qur’anic order, the poor oppressed Muslims were required to wait against the cruelties of the enemies and the unbelievers and just do their prayers.
Second Stage: Authorizing War
Muslims were forced to leave inevitably Mecca toward Medina and consequently God has decreed and allowed the Muslims who were suffering the cruelties and the suppression of the unbelievers as a result of which they were forced to leave their hometown and homes to fight against them. There is a big difference between allowing and authorizing the war on one side and the necessity of Jihad on the other and authorizing the war indeed was meant an opportunity given to the Muslims to prepare themselves for war and Jihad. This was mentioned in Qur’an as follow:
permission (to fight) is given to those upon whom war is made because they are oppressed, and most surely allah is well able to assist them; Ø£Ù?Ø°Ù?Ù†ÙŽ Ù„Ù?لَّذÙ?ينَ ÙŠÙ?قَاتَلÙ?ونَ بÙ?أَنَّهÙ?مْ ظÙ?Ù„Ù?Ù…Ù?وا ÙˆÙŽØ¥Ù?نَّ اللَّهَ عَلَي نَصْرÙ?Ù‡Ù?مْ لَقَدÙ?يرٌ ï´¿39ï´¾
(Al Hajj (Pilgimage), 39).
Third Stage: The Incumbency of the Defensive Jihad:
At this stage the necessity and the incumbency of war against the cruel is sent and it is regarded as necessary; Qur’an in this regard says:
“and kill them wherever you find them, and drive them out from whence they drove you out, and persecution is severer than slaughter, and do not fight with them at the sacred mosque until they fight with you in it, but if they do fight you, then slay them; such is the recompense of the unbelievers (191) وَاقْتÙ?Ù„Ù?وهÙ?مْ ØَيْثÙ? Ø«ÙŽÙ‚Ù?Ù?ْتÙ?Ù…Ù?وهÙ?مْ وَأَخْرÙ?جÙ?وهÙ?Ù… مّÙ?نْ ØَيْثÙ? أَخْرَجÙ?وكÙ?مْ وَالْÙ?Ù?تْنَةÙ? أَشَدّÙ? Ù…Ù?Ù†ÙŽ الْقَتْلÙ? وَلاَ تÙ?قَاتÙ?Ù„Ù?وهÙ?مْ عÙ?ندَ الْمَسْجÙ?دÙ? الْØَرَامÙ? Øَتَّي ÙŠÙ?قَاتÙ?Ù„Ù?وكÙ?مْ Ù?Ù?يهÙ? Ù?ÙŽØ¥Ù?Ù† قَاتَلÙ?وكÙ?مْ Ù?َاقْتÙ?Ù„Ù?وهÙ?مْ ÙƒÙŽØ°ÙŽÙ„Ù?ÙƒÙŽ جَزَاء الْكَاÙ?Ù?رÙ?ينَ ï´¿191ï´¾
but if they desist, then surely Allah is forgiving, merciful”? (192) Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَوْاْ Ù?ÙŽØ¥Ù?نَّ اللّهَ غَÙ?Ù?ورٌ رَّØÙ?يمٌ ï´¿192ï´¾
( Al _ Baqara (The Cow), 191 _ 192).
Stage 4: The Preliminary War and Jihad
Literally Jihad means forsaking one’s life and properties in fighting with the unbelievers and for the sake of Islam and keeping Islam alive. It is necessary to have the permission of the Innocent living Imam, as it has been stated. In such Jihad, there are some special orders that have to be investigated in their appropriate place. Qur’an, about this stage, indicates that:
fighting is enjoined on you, and it is an object of dislike to you; and it may be that you dislike a thing while it is good for you, and it may be that you love a thing while it is evil for you, and Allah knows, while you do not know (216). ÙƒÙ?تÙ?بَ عَلَيْكÙ?Ù…Ù? الْقÙ?تَالÙ? ÙˆÙŽÙ‡Ù?ÙˆÙŽ ÙƒÙ?رْهٌ لَّكÙ?مْ وَعَسَي Ø£ÙŽÙ† تَكْرَهÙ?واْ شَيْئًا ÙˆÙŽÙ‡Ù?ÙˆÙŽ خَيْرٌ لَّكÙ?مْ وَعَسَي Ø£ÙŽÙ† تÙ?ØÙ?بّÙ?واْ شَيْئًا ÙˆÙŽÙ‡Ù?ÙˆÙŽ شَرٌّ لَّكÙ?مْ وَاللّهÙ? يَعْلَمÙ? وَأَنتÙ?مْ لاَ تَعْلَمÙ?ونَ ï´¿216ï´¾
(Al _ Baqara (The Cow), 216).
It should be noted that, from this ayah “fighting is enjoined on you”?, we can both infer the order and decree on preliminary Jihad and defensive Jihad. (Javaher _ Al _ Kalam, Vol. 21, P. 4).
Stage 5: Encouragement and Incitement:
Qur’an in this regard says:
o prophet! urge the believers to war; if there are twenty patient ones of you they shall overcome two hundred, and if there are a hundred of you they shall overcome a thousand of those who disbelieve, because they are a people who do not understand يَا أَيّÙ?هَا النَّبÙ?يّÙ? ØَرّÙ?ضÙ? الْمÙ?ؤْمÙ?Ù†Ù?ينَ عَلَي الْقÙ?تَالÙ? Ø¥Ù?Ù† ÙŠÙŽÙƒÙ?Ù† مّÙ?نكÙ?مْ عÙ?شْرÙ?ونَ صَابÙ?رÙ?ونَ يَغْلÙ?بÙ?واْ Ù…Ù?ئَتَيْنÙ? ÙˆÙŽØ¥Ù?Ù† ÙŠÙŽÙƒÙ?Ù† مّÙ?نكÙ?Ù… مّÙ?ئَةٌ يَغْلÙ?بÙ?واْ أَلْÙ?ًا مّÙ?Ù†ÙŽ الَّذÙ?ينَ ÙƒÙŽÙ?َرÙ?واْ بÙ?أَنَّهÙ?مْ قَوْمٌ لاَّ ÙŠÙŽÙ?ْقَهÙ?ونَ ï´¿65ï´¾
(Al _ Anfal (Spoils of War), 65).
In the same way ayahs 38 and 39 from Al _ Tawba mentions:
O you who believe! What (excuse) have you that when it is said to you: go forth in Allah’s way, you should incline heavily to earth; are you contented with this world's life instead of the hereafter? but the provision of this world's life compared with the hereafter is but little (38) يَا أَيّÙ?هَا الَّذÙ?ينَ آمَنÙ?واْ مَا Ù„ÙŽÙƒÙ?مْ Ø¥Ù?ذَا Ù‚Ù?يلَ Ù„ÙŽÙƒÙ?Ù…Ù? انÙ?Ù?رÙ?واْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? اثَّاقَلْتÙ?مْ Ø¥Ù?Ù„ÙŽÙŠ الأَرْضÙ? أَرَضÙ?يتÙ?Ù… بÙ?الْØَيَاةÙ? الدّÙ?نْيَا Ù…Ù?Ù†ÙŽ الآخÙ?رَةÙ? Ù?َمَا مَتَاعÙ? الْØَيَاةÙ? الدّÙ?نْيَا Ù?Ù?ÙŠ الآخÙ?رَةÙ? Ø¥Ù?لاَّ Ù‚ÙŽÙ„Ù?يلٌ ï´¿38ï´¾
if you do not go forth, he will chastise you with a painful chastisement and bring in your place a people other than you, and you will do him no harm; and Allah has power over all things Ø¥Ù?لاَّ تَنÙ?Ù?رÙ?واْ ÙŠÙ?عَذّÙ?بْكÙ?مْ عَذَابًا Ø£ÙŽÙ„Ù?يمًا وَيَسْتَبْدÙ?لْ قَوْمًا غَيْرَكÙ?مْ وَلاَ تَضÙ?رّÙ?وهÙ? شَيْئًا وَاللّهÙ? عَلَي ÙƒÙ?لّÙ? شَيْءÙ? قَدÙ?يرٌ ï´¿39ï´¾
(Al _ Tawba , Bara’ah (Repentance, 38 _ 39).
Qur’an orders Prophet Muhammad ( S. A. ) to encourage and incite the Muslims to face the unbelievers and the enemy and this is after the ayahs which orders the preparation of the forces to frighten the enemy and preventing the war. Indeed, this ayah explains and describes the latest means to prevent the war and the beginning of the attacks from the enemy’s side. First preparation of the defense forces and then invitation to peace from powerful stands and not from weak stands and finally order to fight: “o prophet! Urge the believers to war.”?
Stage 6: Communal Preparation:
In the last stage of the order to Jihad, the decree indicates a communal preparation and it is considered vital for the Islamic society to survive. At this stage the Muslims have to put negligence aside and move toward Jihad in any condition. Qur’an, in this regard, clearly says:
go forth light and heavy, and strive hard in Allah’s way with your property and your persons; this is better for you, if you know انْÙ?Ù?رÙ?واْ Ø®Ù?Ù?َاÙ?ًا ÙˆÙŽØ«Ù?قَالاً وَجَاهÙ?دÙ?واْ بÙ?أَمْوَالÙ?ÙƒÙ?مْ ÙˆÙŽØ£ÙŽÙ†Ù?Ù?سÙ?ÙƒÙ?مْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? Ø°ÙŽÙ„Ù?ÙƒÙ?مْ خَيْرٌ لَّكÙ?مْ Ø¥Ù?Ù† ÙƒÙ?نتÙ?مْ تَعْلَمÙ?ونَ ï´¿41ï´¾
(Repentance, 41)
The Purposes of War ad Jihad:
The Holy Qur’an has highlighted four basic aims for Jihad:
1. Defending the Monotheistic Thinking: Keeping and preserving religion and religiosity of people is one of the preliminary and basic goals of Islam. In order to keep the religious and monotheistic aspects of Islam, Qur’an has clearly ordered on Jihad and thus says:
Those who have been expelled from their homes without a just cause except that they say: our lord is Allah. and had there not been Allah’s repelling some people by others, certainly there would have been pulled down cloisters and churches and synagogues and mosques in which Allah’s name is much remembered; and surely Allah will help him who helps his cause; most surely Allah is strong, mighty (Al _ Hajj (Pilgrimage), 40). الَّذÙ?ينَ Ø£Ù?خْرÙ?جÙ?وا Ù…Ù?Ù† دÙ?يَارÙ?Ù‡Ù?مْ بÙ?غَيْرÙ? ØَقّÙ? Ø¥Ù?لَّا Ø£ÙŽÙ† ÙŠÙŽÙ‚Ù?ولÙ?وا رَبّÙ?نَا اللَّهÙ? وَلَوْلَا دَÙ?ْعÙ? اللَّهÙ? النَّاسَ بَعْضَهÙ?Ù… بÙ?بَعْضÙ? لَّهÙ?دّÙ?مَتْ صَوَامÙ?عÙ? وَبÙ?يَعٌ وَصَلَوَاتٌ وَمَسَاجÙ?دÙ? ÙŠÙ?ذْكَرÙ? Ù?Ù?يهَا اسْمÙ? اللَّهÙ? ÙƒÙŽØ«Ù?يرًا وَلَيَنصÙ?رَنَّ اللَّهÙ? Ù…ÙŽÙ† يَنصÙ?رÙ?Ù‡Ù? Ø¥Ù?نَّ اللَّهَ Ù„ÙŽÙ‚ÙŽÙˆÙ?يٌّ عَزÙ?يزٌ ï´¿40ï´¾
2. Defending the Poor:
According to wisdom and logic defending the oppressed and those who suffer cruelty is necessary. Any healthy person and any one who think of himself to be powerful in a special field takes it on himself / herself to resist against the cruel people but at any time there are people who do not take the responsibility and give way to some cruel people to oppress the others. In order to admonish and reproach such kind of people, Qur’an indicates that:
“And what reason have you that you should not fight in the way of Allah and of the weak among the men and the women and the children, (of) those who say: our lord! Cause us to go forth from this town, whose people are oppressors, and give us from thee a guardian and give us from thee a helper”? (Al _ Nisa (Women), 75).
وَمَا Ù„ÙŽÙƒÙ?مْ لاَ تÙ?قَاتÙ?Ù„Ù?ونَ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? وَالْمÙ?سْتَضْعَÙ?Ù?ينَ Ù…Ù?Ù†ÙŽ الرّÙ?جَالÙ? وَالنّÙ?سَاء وَالْوÙ?لْدَانÙ? الَّذÙ?ينَ ÙŠÙŽÙ‚Ù?ولÙ?ونَ رَبَّنَا أَخْرÙ?جْنَا Ù…Ù?نْ Ù‡ÙŽØ°Ù?Ù‡Ù? الْقَرْيَةÙ? الظَّالÙ?Ù…Ù? أَهْلÙ?هَا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ ÙˆÙŽÙ„Ù?يًّا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ نَصÙ?يرًا ï´¿75ï´¾
3. Creating and Maintaining Social Justice:
Sometimes fighting is for the sake of rooting riot and sedition in the human society so that theology is propagated through out society. Here is Qur’an’s special order on this issue:
And fight with them until there is no persecution, and religion should be only for Allah, but if they desist, then there should be no hostility except against the oppressors (193).
وَقَاتÙ?Ù„Ù?وهÙ?مْ Øَتَّي لاَ تَكÙ?ونَ Ù?Ù?تْنَةٌ ÙˆÙŽÙŠÙŽÙƒÙ?ونَ الدّÙ?ينÙ? Ù„Ù?لّهÙ? Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَواْ Ù?َلاَ عÙ?دْوَانَ Ø¥Ù?لاَّ عَلَي الظَّالÙ?Ù…Ù?ينَ ï´¿193ï´¾.
4. Defense Against Oppression: The tradition of rules of God in this world are set on the bases of man’s freedom of will to either choose the right way or go astray and this is in accordance with the freedom principle of the human beings in this world. But when the cruelties and oppressions of the cruel and the oppressors have corrupted the communal morale, God will help some of His servants to prevent the rebellion and mutations of the oppressors. This is one of the benevolences of God toward His servants; Ayah 251 from Al _ Baqara Sura refers to this issue obviously:
And were it not for Allah’s repelling some men with others, the earth would certainly be in a state of disorder; but Allah is gracious to the creatures (251)
…وَلَوْلاَ دَÙ?ْعÙ? اللّهÙ? النَّاسَ بَعْضَهÙ?مْ بÙ?بَعْضÙ? لَّÙ?َسَدَتÙ? الأَرْضÙ? ÙˆÙŽÙ„ÙŽÙƒÙ?نَّ اللّهَ Ø°Ù?Ùˆ Ù?َضْلÙ? عَلَي الْعَالَمÙ?ينَ ï´¿251ï´¾.
Kinds of Defense (Jihad) and Their Relevant Decrees
It is necessary to talk about three points here:
1. Kinds of Jihad
2. Decrees of Jihad
3. Conditions of Jihad
Kinds of Jihad:
Although some of the Islamic researchers divide the kinds of Jihad in to two types of Primary Jihad and Defensive Jihad and consider for each of them some sub _ categories, primary jihad is a kind of defensive jihad and this will be clarified later on in the following pages.
1. Primary Jihad: from the point of view of some interpreters of Qur’an, Ayah 39 from Al _ Hajj Sura is the first ayah on Jihad and that is:
permission (to fight) is given to those upon whom war is made because they are oppressed, and most surely Allah is well able to assist them; (39) Ø£Ù?Ø°Ù?Ù†ÙŽ Ù„Ù?لَّذÙ?ينَ ÙŠÙ?قَاتَلÙ?ونَ بÙ?أَنَّهÙ?مْ ظÙ?Ù„Ù?Ù…Ù?وا ÙˆÙŽØ¥Ù?نَّ اللَّهَ عَلَي نَصْرÙ?Ù‡Ù?مْ لَقَدÙ?يرٌ ï´¿39ï´¾
Then, it continues:
Those who have been expelled from their homes without a just cause except that they say: our lord is Allah. (40)
الَّذÙ?ينَ Ø£Ù?خْرÙ?جÙ?وا Ù…Ù?Ù† دÙ?يَارÙ?Ù‡Ù?مْ بÙ?غَيْرÙ? ØَقّÙ? Ø¥Ù?لَّا Ø£ÙŽÙ† ÙŠÙŽÙ‚Ù?ولÙ?وا رَبّÙ?نَا اللَّهÙ? ï´¿40ï´¾
If this is the first ayah for the incumbency of Jihad, Jihad in its defensive form against the enemy, then it is the beginning of the canonization of Jihad.
Others have considered ayah 190 of Al _ Baqara Suar (The Cow) as the first ayah on Jihad and says:
And fight in the way of Allah with those who fight with you, and do not exceed the limits, surely Allah does not love those who exceed the limits (190).
وَقَاتÙ?Ù„Ù?واْ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? الَّذÙ?ينَ ÙŠÙ?قَاتÙ?Ù„Ù?ونَكÙ?مْ وَلاَ تَعْتَدÙ?واْ Ø¥Ù?نَّ اللّهَ لاَ ÙŠÙ?ØÙ?بّÙ? الْمÙ?عْتَدÙ?ينَ ï´¿190ï´¾
If this theory is accepted, then the basis of Jihad is laid on the defeat of the enemy and every wise man knows that being silent and motionless against the attacks and invasion of enemy is not compatible with any logic.
An important point that should be taken into account is that we should not interpret the meaning of defensive war in a way that the Islamic countries should await the attacks and invasions of the enemy to their borders and homes and only after this they have to start defending themselves. Rather, whenever they felt they are threatened by enemies they have to be swift so much that they take the lead and defend the attacking powers of the enemy.
2. Jihad for Preventing the Oppression of the Oppressors:
The famous Ayah “
And fight with them until there is no persecution, and religion should be only for Allah, but if they desist, then there should be no hostility except against the oppressors (193). وَقَاتÙ?Ù„Ù?وهÙ?مْ Øَتَّي لاَ تَكÙ?ونَ Ù?Ù?تْنَةٌ ÙˆÙŽÙŠÙŽÙƒÙ?ونَ الدّÙ?ينÙ? Ù„Ù?لّهÙ? Ù?ÙŽØ¥Ù?Ù†Ù? انتَهَواْ Ù?َلاَ عÙ?دْوَانَ Ø¥Ù?لاَّ عَلَي الظَّالÙ?Ù…Ù?ينَ ï´¿193ï´¾
Persecution in this ayah has been interpreted as corruption, torture of the believers, blasphemy, idolatry and incurring them on others. All these cases are considered as a kind of attack on the part of the enemy. Therefore, leading Jihad against such attacks is a kind of defense. The Sentence “then there should be no hostility except against the oppressors”? will clearly show that the aim, is to prevent cruelty and defense against any persecution. According to this ayah defense against persecution is obligatory and incumbent on the Muslims and believers.
3. Jihad for the Sake of Defending the Oppressed:
Qur’an invites people to jihad for the protection and support of the poor and fighting with the cruel and oppressor and thus says:
“And what reason have you that you should not fight in the way of allah and of the weak among the men and the women and the children, (of) those who say: our lord! cause us to go forth from this town, whose people are oppressors, and give us from thee a guardian and give us from thee a helper (Al _ Nisa (Women), 75)
وَمَا Ù„ÙŽÙƒÙ?مْ لاَ تÙ?قَاتÙ?Ù„Ù?ونَ Ù?Ù?ÙŠ سَبÙ?يلÙ? اللّهÙ? وَالْمÙ?سْتَضْعَÙ?Ù?ينَ Ù…Ù?Ù†ÙŽ الرّÙ?جَالÙ? وَالنّÙ?سَاء وَالْوÙ?لْدَانÙ? الَّذÙ?ينَ ÙŠÙŽÙ‚Ù?ولÙ?ونَ رَبَّنَا أَخْرÙ?جْنَا Ù…Ù?نْ Ù‡ÙŽØ°Ù?Ù‡Ù? الْقَرْيَةÙ? الظَّالÙ?Ù…Ù? أَهْلÙ?هَا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ ÙˆÙŽÙ„Ù?يًّا وَاجْعَل لَّنَا Ù…Ù?Ù† لَّدÙ?نكَ نَصÙ?يرًا ï´¿75ï´¾
In this ayah first of all the invitation is to jihad for the sake of God and immediately after that the discussion goes on to talk about the oppressed and the tyrannized whom the tyrants and oppressors have forced them to quit their home and town. And it seems that these two refer to the same meaning since helping and supporting the tyrannized and the oppressed people is the clear testimony of jihad for the sake of God.
We should note that the oppressed is different from the weak. A weak person is a man / woman who is infirm but an impoverished person is a man / woman who has been weakened by the cruel whether this impoverishment is in imagination or cultural, social, economical, and political.
Any way this kind of Jihad is a defensive jihad, it is defending the tyrannized against the tyrants. The above aims are the most basic goals of the Islamic Jihad. Although it is possible to divide them into two parts of primary and defensive Jihads but they are defensive jihads in spirit. It is why we can not find an example in the history of Islam in which the enemies have been ready to lead a peaceful life with the Muslims and Islam rejected them.
Finally, it is necessary to mention this point that defense does not mean that human beings should sit and await the attacks of the enemy rather it means that they should be ready to react against the movements of the enemy and keep their defense powers ready especially in susceptible conditions and attack the enemy before being attacked by them. Certainly and with no doubt Jihad with all it six stages and three kinds is one of the duties that are incumbent on the human beings.
Words such as “written”? in the “it is written as your duty to kill, even if it is protective …”? indicates that it is incumbent and necessary to fight with the enemy. This is a common agreement among the Muslims and there is no disagreement on it.
Among all the theologians from the beginning to the end, Jihad has been a matter of concern and we hereby bring some of them as examples:
Sheikh Sadogh, Abi Jafar Muhammad Ibne Ali Ibne Al Hussein Ibne Mussa Baboyeh Qomi in “Al – Hedaiat Be Al Kheir”? in page 59 says:
«Ùˆ امّا الجهاد الذي هوسنه لا يقام الّا مع Ù?رض، Ù?انّ مجاهده العدوّ Ù?رض علي جميع الامّه Ùˆ لو تركوا الجهاد لَاَتاهم العذاب»
“Jihad and fighting with enemies are incumbent on the entire nation and leaving it causes tribulation”?.
Sheikh Mofid Abi Abd Allah Muhammad Ibne Al – Ne’man Al – Haresi Al Baghdadi (R. T. A.) says that:
«Ùˆ جهاد الكÙ?ّار Ùˆ من يستØÙ‚ ذلك من الÙ?جّار، يجب علي اخوانه المؤمنين معونته علي ذلك»
“It is incumbent on all believers to help the Islamic leader in fighting with the unbelievers or the rakish”? ( Al _ Maghna’at, P. 180).
Sheikh Toosi Muhammad Ibne Al _ Hassan Ibne Ali Ibne Al _ Hassan Al _ Toosi says:
«Ø§Ù„جهاد Ù?ريضه من Ù?رائض الاسلام Ùˆ ركن من اركانه...»
“War and fighting the enemies is one of the necessities of God and one of the pillars of Islam (Al _ Nehaiat, P: 289).
The late Ghazi Ibne Borraj Says:
«Ø§Ù„جهاد Ù?رض علي جميع المسلمين علي الكÙ?ايه»
“The war is incumbent on any Muslim.”? (Al _ Mohazzab. Vol. 1, P. 293).
Ibne Zohreh says:
«Ø§Ù„جهاد Ù?رض من Ù?رائض الاسلام بلاخلاÙ?» (غنيمه النزوع، ص) 199(
“Without having any disagreement (among the theologians) fighting with the enemies of Islam is one of the necessities of Islam”?.
Of the late comer theologians, Imam Khomeini (R. T. A.) says:
«Ù„Ùˆ غشي بلاد المسلمين او ثغورها عدوّ يخشي منه علي بيضه الاسلام Ùˆ مجتمعهم يجب عليهم الدÙ?اع عنها بأيّه وسيله ممكنه من بذل الاموال Ùˆ النÙ?وس» )غنية النزوع، ص 199)
Whenever the enemy has the intention of attacking Islamic territories or their borders and prepared the way for attacking Islam and Islamic society, it is incumbent on any one to defend it with whatever means they could prepare and offer”? (Ghaniat Al _ Nozo’a, P. 99).
Great leader Saied Ali Khamenei says: It is necessary to defend Islam and Muslims”?.
I bring this topic to the end by the words and idea of Saheb Javaher who is one of the greatest nobles and scientists of Islam and Shiites. After accounting for the conditions of Jihad, he says:
«Ùˆ كيÙ? كان Ù?لا خلاÙ? بين المسلمين Ù?ÙŠ وجوبه Ù?ÙŠ الجمله بل هو كالضروري، خصوصاً بعد الامر به Ù?ÙŠ الكتاب العزيز Ù?ÙŠ آيات كثيره،...»
“There is no difference among the Muslims regarding the incumbency of Jihad. Its incumbency is one of necessities of Islam especially since there are many ayahs in Qur’an regarding the incumbency of Jihad.”? (Javaher Al Kalam, Vol. 21, P. 8).
Narrations from Prophet Muhammad’s Descendents ( A. S.)
From the point of view of having regard for the narrations from Prophet Muhammad’s Descendents ( A. S.), it is appropriate to bring forth some narratives about Jihad.
The narratives on this case is continuous and they are such great in number that they make any one who is after truth certain about the necessity of Jihad on all those who came of age and herby, I feel enough to mention some hadiths:
1. Her holiness Zeinab ( A. S. ) quotes from her mother, her holiness Zahra ( A. S.): «Ù?رض الله الايمان تطهيرا من الشرك Ùˆ الجهاد عزّ الاسلام»
It means: God has made faith a necessity to cleanse human being from disbelief and appointed Jihad incumbent for the honor and esteem of Islam. ( Vasael Al _ Shiites, Vol. 1, B 1, From Chapters Introduction and Prayers, 22nd Hadith).
2. Ali Ibne Abraham Quotes from his father who had quoted from Mahbub Raf’at abou Imam Ali ( A. S. ):
«Ø§Ù† الله Ù?رض الجهاد Ùˆ عظّمه وجعله نصره Ùˆ ناصره، Ùˆ الله ما صلØت دينا Ùˆ دين الابه»
That means that Imam Ali ( A. S. ) says : God, His Holiness, has set Jihad as a great incumbency and considers it to be a leading means for the victory of Islam. I make an oath that religion and faith would not be rectified unless Jihad for the sake of God is conducted. ( Kafi, Sheikh Kalini. Vol. 5, P. 8. Vasael Al _ Shiites, Vol. 1taken from the chapter of Fighting with the Enemy, H. 15).
With regard to the ayahs quoted and the narratives on Jihad as well as the existence of agreement among the Islamic experts on the incumbency of Jihad, wisdom, separately, considers Jihad necessary on all people who came of age no matter whether they are men or women, old or young. Since it will preserve religion and keeps every body’s right secure.
Conditions of Jihad:
The Islamic experts have mentioned some characteristics for the participants of Jihad. These conditions are:
1. The participants should be wise.
2. The participants should have come of age.
3. The participants should be healthy and they should be physically able. ( it is not incumbent on the infirm, the old, and the disabled ).
4. (In the primary war) it is necessary to have the permission of the innocent Imam ( A. S. ) of the period.
5. The participants should be men.
All the experts of Islam agree on the first three conditions and there is no disagreement or discordance in accordance with reasonable and quoted sources.
The Permission of the Innocent Imam ( A. S. ) in the Primary Jihad
In order to investigate the above condition we should know that most of the documents indicate the Jihad is incumbent on the Muslims in the face of the disbelievers and blasphemers. Now the question that should be asked here is whether Jihad is incumbent on them only in case the enemy attacked or before their attack or if it is necessary when the Muslims are intended to propagate the theology or to prevent possible attacks as well as to destroy blasphemy and disbelief in the world. In order to achieve the answer of this question it should be said that:
1. As it was mentioned, the spirit of the primary war refers to the defensive war.
2. As the ayahs and narratives indicate, Jihad is necessary and incumbent on all.
3. The reasons for the necessity of Jihad issued by the innocent Imam ( A. S. ) is not complete and enough.
4. At the time of the innocent Imam’s ( A. S. ) absence in the case of primary defense, the invitation and request of the knowledgeable and expert Islamic leader is necessary.
5. In accordance with wisdom, Jihad and defense under the authority of the cruel and oppressing rulers is not acceptable.
Finally, it is necessary that the innocent Imam ( A. S. ) of the time authorize Jihad and defense in case of primary wars. (In case innocent Imam ( A. S. ) of the time is alive). And at the time of the absence of the innocent Imam ( A. S. ), the necessity of the primary war is determined and authorized by the knowledgeable and expert Islamic leader. (Resalat Ajvabat, Al Estefta’at Ayat Allah Al Ozma Khamenei, P. 243. Q. No. 1048).
The Incumbency of Primary Jihad on Men
Primary Jihad, not in its defensive meaning, rather in its special meaning ) of giving in abundance one’s life and property in fighting with disbelievers or the aggressors for the sake of Islam’s honor, the propagation of theological thinking, and prevention of the possible attacks as well as destruction of blasphemy and disbelief in the world) is specialized for men.
Saheb Javaher ( R. T. A. )says: “Jihad is not incumbent on women and after indicating the existence of no disagreement, he further indicates that general agreement on that issue is the same as its necessity.”? (Javaher Al _ kalam. Vol. 21, PP. 5 – 7.)
Great men, such as Ibne Barraj in his Mohazzeb Al _ Barej (Vol. 1, P. 293), Mohaghegh Korki in Jame’ Al _ Maghased (Vol. 3, P. 368), Mohaghegh Ardabili in Majma’ Al _ Faedeh val Borhan (Vol. 7, P. 436) and the first and second martyrs in their Loma’eh and Rowzeh (Rowzat Al _ Bahiat. Vol. 2 (10 vol. set) P. 382), agree on the fact that Jihad is not necessary on women.
What has been mentioned as the reason for this order is the existence of agreement and narratives. As it was indicated in the words of Saheb Javaher ( R. T. A. ), there is no disagreement on this issue. And if there is agreement among the experts of Islam, it can be used as a viable reason for issuing a rule in this regard. Anyway, what can be used in the investigation and documentation, except for agreement, is a quotation from the Chief of the Muslims, Imam Ali ( A. S. ) that is quoted by Kalini Khabar Asbagh Ibne Nabateh: “«ÙƒØªØ¨ الله الجهاد علي الرّجال Ùˆ النّساء، Ù?جهاد الرّجل بذل ماله Ùˆ Ù†Ù?سه Øتّي يقتل Ù?ÙŠ سبيل الله، Ùˆ جهاد المرئه ان تصبر علي ما تري من اذي زوجها Ùˆ غيرته» (وسائل الشيعه، ابواب جهادالعدوّ ØŒ باب 4ØŒ ج 1)
“God has made Jihad incumbent on men and women. Then Jihad on the part of men includes giving one’s life and property so much so that they are killed for the sake of God and that of women includes being patient on the sufferings of their men”?. (Vasael Al _ Shiites, Chapters on Fighting Enemies. Chapter 4. Vol. 1).
Although this narrative is true, still it should be noted that there is a Hussein Ibne Alvan in its documentation who is not a very trustful narrator. (Tanghih Al _ Maghal, Vol. 1. P. 41). Therefore we should not rely on this narrative in our documentation.
There is another reason for this issue and that is: since women are weak and can not take part in Jihad, therefore it is not necessary for them to participate in Jihad. Still, if the only reason that exempts women from Jihad is weakness, it is not specialized to them only. Since if any one who is weak, he or she will be exempt from war and jihad. Then, any one who is able enough to participate in Jihad, it is necessary on them to participate regardless of the gender of the participants. Therefore there is no viable reason which might exempt women from jihad except for Agreement among the Islamic Experts. Some Islamic experts consider the actions and deeds of followers Prophet Muhammad as compensations for weakness.
Conclusion:
With regard to the decree of wisdom on the general participation of people and the Islamic Nation in facing the attacks of the enemies, defense and resistance in the face of the trespassers is incumbent on all people, i. e. men and women, old and young and escaping from it is forbidden and incurs punishment in the world which is to come. This is what all the Islamic experts agreed on.
What these ayahs and narratives indicate about the necessity of Jihad includes all kinds of Jihad and their incumbency on all Muslims who are healthy.
At the time of Prophet Muhammad ( S. A. ), women were used to participating in different wars that He took part and women participated in the wars (Such as Nosaibeh in Ohod) along with men.
Ghadr Yaghini
If any one is dubious about the above mentioned discussions and documentations or it is hard for them to accept, what is obvious among all the Islamic experts is that the defensive jihad is incumbent on all women, too. (Estefta’at of Imam Khomeini, Vol. 1. P. 493 – 494. Q. No. 1, 2, 3, 4 and 38. Javaher Al Klam. Vol. 21. PP. 19 _ 19.).
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