The Institute for the Study of Islam is a non-profit think-tank committed to counter-terrorism by helping others understand the enemy. The enemy is not Muslims . . . the enemy is Islam.

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Islam: A Brief Summation

According to Islamic tradition, a man named Muhammad began receiving revelations from an angel which came directly from god, known in Islam as Allah.  These revelations were received in Mecca, a city in the Arabian Peninsula, now part of Saudi Arabia.  Born in 570 A.D., Muhammad received revelations from approximately 610 A.D. until his death in 632 A.D.  When Muhammad made his revelations known to local Jewish scholars I’ll in Mecca, declaring himself a prophet, he was rebuked.  During the first six years, only a handful of people came to Islam.  According to Islamic sources only 150 converted to Islam during its first 13 years.  (Meccan period).  Muhammad made the journey to Medina – the Hijra.  There, Muhammad made agreements with the local tribes, gained support, and raised an army.  Many people converted to Islam, and when Muhammad secured enough power, he returned to Mecca and conquered it.

It is worth noting, the Islamic calendar began at the time of the hijra, when Islam became violentIn Islam, Muhammad is considered the perfect example of a Muslim (“al Insan al Kamil”), therefore, anything he did is worthy of emulating for all Muslims for all times.  Why do Muslims step their right foot into a Mosque first?  Because Muhammad did it that way.   Why is it okay for a 70 year old Muslim man to marry a six year old?  Because Muhammad did.  Other significant examples include: Muhammad’s killing of 500-700 Jews of the Qurayzah in Medina whose beheadings were sanctioned by Muhammad himself, and who participated; Muhammad’s command to wage Jihad against non-Muslims until they convert or submit to Islamic rule; and Muhammad marrying a six year old girl and consummating the relationship when she was nine (Aisha).  These are all accepted in Islam as th, legal (“halal”) and normal behavior.

The compilation of the revelations is contained in the Qur’an, which is considered “the uncreated word of Allah in Islam.”  Because it is direct divine revelation, it can never be changed or annulled.

People who adhere to Islam are called “Muslims.”

There are two major denominations in Islam, Sunni and Shi’a.  Between them, they amount to approximately 98 percent of all Muslims. The remaining two percent account for over 40 other denominations.  Sunnis believe the leader of the Islamic community (Ummah) is to be elected/chosen.  The Shi’a believe the leader must be a blood-line descendant of the Prophet Muhammad.  Most of the Islamic world is Sunni (85-90 percent).  Shi’a states include Iran, Iraq (60% Shi’a), Yemen, Bahrain, and others.

Islam has three scriptures: the Qur’anHadith, and the Sunna.  The Qur’an is their most holy of books; the Hadith is the collection of the words and deeds of Muhammad as witnessed by those who traveled with him.  There are many Hadith scholars and thousands of individual Hadith.  Hadiths are rated based on their “chain of transmission” which determines the authenticity of the individual Hadith.

The most authoritative Hadith scholars are men named Bukhari and Muslim.  Strongly authenticated Hadith by Bukhari is second in authority to Islam only to the Qur’an itself.

Islam is not just a religion, but a “complete way of life, governed by Islamic Law (Shari’a).”

Islam is the social, cultural, military, political, and religious life of a Muslim governed by Shari’a or Islamic Law.  Theology is subordinate to the requirement to adhere to the Shari’a.  Islamic Law was formed from the Qur’an and the Sunna (the ‘way’ of the Prophet).  The Sunna is comprised of the Hadith (reports of what Muhammad did and said) and the Sira (authoritative biographies of Muhammad).

In Sunni Islam, there are four doctrinal schools of law; the HanafiMalikiShafi’ite, and Hanbali.  It should be noted that Takfirism and Wahhabism arise exclusively out of the Hanbali School of Islamic law, the form of Islamic law that is official in Saudi Arabia. Iran’s Constitution states the four Sunni schools are legitimate as well as the Jafari School (Shi’a), even though there are irreconcilable differences between Shi’a and Sunni Islamic law.

Scholarly consensus, or ijma, is the doctrine that holds when the grand mujtahids came together at one time and one place to discuss one issue where they unanimously agreed (based on four criteria), then the agreed upon ruling becomes an absolute rule in Islamic law that cannot be contravened or annulled.  The four schools of jurisprudence agree in approximately 75 percent of the law.  One-hundred percent of Islamic Law (Shari’a) agrees on the obligation and definition of Jihad and the obligation to establish the caliphate.

Abrogation is an Islamic legal doctrine that holds that what was revealed later in the period of revelation to Muhammad controls or overrules those things that were revealed earlier where disagreement exists.  Therefore, the peaceful verses of the Quran (“. . . there is no compulsion in religion”) are abrogated by chronologically later violent verses (“. . . fight and slay them (unbelievers) where you find them.”).

Jihad – There are two types of jihād – greater and lessor.  Greater  jihad has to do with the internal struggle of serving Allah to the best of one’s ability.  This would include such items as accomplishing the Five Pillars or not being involved in the seven hudud crimes.  Lessor jihad is also considered service to Allah, but in a much more physical way as mentioned in the next paragraph.

From Reliance of the Traveller (Shafi’ite Islamic Law), (lesser) jihād means to “war against non-Muslims . . . to establish the religion (of Islam).”  It’s also understood as “just war” or “holy war.”  No other definition of ‘jihad’ has ever existed at any point in history in any authoritative Islamic Law.  When Muslims cannot fight the jihad against non-Muslims, they are required to fight with the pen or mouth. If even this is not possible, Islam requires them to fight with their “heart” and hate/despise the unbelievers for the sake of Allah. Muslims can only fight when there is an overwhelming probability they will win.  Jihad is obligatory for all Muslims until the world is claimed for Islam.

Islam divides the entire world into the Dar al-harb and the Dar al-Islam.

Dar al-harb – the world of the sword, the infidel and perpetual war. Countries that are non-Muslim reside in the dar al-harb.  Individuals from the dar al-harb are designated as harbi, “enemy persons, persons from the territory of war.”

Dar al-Islam – the Land of Islam and peace.  Peace on earth does not come until the entire world has been made of Dar al-Islam.  Islam is under permanent jihad obligation to reduce the dar al-harb to non-existence.

Shaheed / Martyr – a Shaheed or Muslim martyr is a person who is killed while fighting the infidel, or the non-Muslim.  When a Muslim dies, he is prepared for burial and buried within a short time, as prescribed by Islamic Law.  He awaits the Day of Judgment at which time all the good and bad deeds of his life are weighed on a scale.  If the bad outweigh the good, the person is cast into hell.  If the good outweigh the bad, that person still must go through the fires of hell to be purified, and then he goes to Paradise/Heaven.  A Shaheed is buried as he was killed so Allah can see he is a Martyr and is taken to Paradise/Heaven immediately.  It is the only guaranteed way in Islam for a Muslim to get into Heaven.

Zakat – mandatory financial giving and one of the Five Pillars of Islam. Per Islamic Law, which comes directly from Sura 9:60 in the Qur’an, a Muslim must give 2.5 percent of their financial earnings – after expenses as calculated by a “Zakat Calculation” table – to eight (8) categories equally.  Category seven (7) is “The Cause of Allah” and is defined as Jihad.  This means that all Muslims are required, by Islamic Law, to support jihad – which the West calls terrorism.


The Five Pillars of Islam are the basic requirements of all Muslims and includes:

  1. Shahadah – the statement of faith; there is no Allah but Allah (Allah) and Muhammad is his messenger;
  2. Salah – five daily prayers;
  3. Zakat – almsgiving’;
  4. Sawm – fasting;
  5. Hajj – pilgrimage to Mecca.

Hudud – There are seven hudud crimes.  They are: ( 1 ) Ridda (apostasy); (2) Baghi (transgression); (3) Sariqa (theft); (4) Haraba (highway robbery); (5) Zena (adultery); (6) Oadhf (slander); and (7) Shorb aZ-Khamr (drinking alcohol).

The aforementioned information is understood as authoritative Islamic doctrine and taught at the most prestigious Islamic institutions in the world.  This is also taught in Islamic schools at the elementary school level around the world, to include the majority of Islamic schools in the United States.  To imply this information is not correct is to make a statement that the majority of the Muslim world understands and teaches an incorrect version of Islam.

Understanding Shari’a’s Role In The War

This section is to define the enemy in terms used by the enemy, and explain what these terms mean from the enemy’s perspective.  This will give the warfighter a clear understanding of the enemy’s intentions, perspective, and the doctrinal support for these views, in order to give U.S. forces the best possible opportunity to defeat the enemy.

U.S. Doctrine

U.S. Military Doctrine, specifically the Intelligence Preparation of the Battlefield Manual (IPB) states the war planners must begin with who the enemy says he is and why he is fighting us.  That becomes the basis for determining the enemy threat doctrine.

The Enemy’s Stated Threat Doctrine

The overwhelming majority of individuals with whom the United States military is engaged states they are fighting “Jihad” in the “Cause of Allah” in order to establish an Islamic State (Caliphate) under Islamic Law – known as Shari’a.  In order to accurately understand what this means, our professional duty is to know how jihad is understood by the enemy when mapped against “Jihad” as defined in Islamic Doctrine, and to understand what Islamic Law is and what its role is in Islam. Without this knowledge, we cannot accurately identify, target and defeat this enemy.

Framework For Shari’a (Islamic Law)

Islam defines itself as a complete way of life – social, cultural, religious, military, and political – governed by Islamic Law (Shari’a). Islamic Law is real law which governs all affairs of Muslims.  The Shari’a, as it is called, is primarily derived from the Qur’an and the Sunna (the collection of the Hadith and the Sira).

For Muslims, the Qur’an is considered the “uncreated word of Allah.” This means that Muslims believe that everything in the Qur’an was directly revealed to the Prophet Muhammad by Allah and cannot be altered or amended.  The 114 Suras (Chapters) in the Qur’an are arranged by size from largest to smallest (not chronologically), with the exception of the first Sura.  Sura 2 is the largest and Sura 114 is the smallest.  This is critical to understanding the Qur’an because previous peaceful verses revealed to Muhammad in Mecca were abrogated (overruled) by the verses commanding warfare which came chronologically later (see section on “Abrogation”).

In Islam, the Prophet Muhammad is the most perfect example of a human being.  All that he did and said is to be modeled by Muslims.  The Hadith is the collection of all of the practices, sayings, and traditions of the Prophet Muhammad.

The Sira are the authorized sacred biographies of Muhammad.

Hadith: There are hundreds of thousands of Hadith, which have been evaluated by Islamic Legal Scholars (Jurists) as to their validity based on their chain of transmission from the Prophet to the reporting author.  The Hadith are categorized as mawdu (false), munkar (ignored), da’if (weak), hasan (good), sahih (sound), and mutawatir (strongest, most rigorously authenticated).

There are six primary Hadith scholars and they are, in rank order: Bukhari, Muslim, Abu Dawud, al-Sugra, Tirmidhi, and Ibn Majah. Bukhari and Muslim are considered the most reliable.  In Islamic Law, Mutawatir Hadith from Bukhari rises to the level of being second only to the Qur’an.

Dar al Harb / Dar al Islam

In Islamic Law, the entire world is divided into the Dar al Harb, “the house or abode of war,” and the Dar al Islam, “the house or abode of peace.”  All lands which are not under Muslim control and ruled by Shari’a, are considered Dar al Harb – enemy lands.  “Harbi” means enemy personnel, or inhabitants of the Dar al Harb.  All non-Muslims, not submitted to Islamic Law in Muslim lands are considered “enemy persons, persons from the territory of war.” The term “non-combatants” does not exist in Islamic Law.  All lands occupied by Muslim forces at any time in history are considered “Muslim Lands.”

Ijma (Scholarly Consensus)

Ijma is one of two critical legal concepts in Islamic Law, especially Sunni Islamic law, which is key to understanding the law. Ijma, or “scholarly consensus” means that when the Mujtahids (senior Islamic Legal Jurists) of a particular time period, gather together, rule on points of Islamic Law, and unanimously agree on these points of law, the ruling becomes a permanent part of Islamic Law for all time and can never be changed.  The core issues within Islam have been ruled upon by scholarly consensus in Islamic Law – specifically the issues of Jihad, relations between Muslims and non-Muslims, and the requirement for the establishment of the Caliphate.

“When the four necessary integrals of consensus exist, the ruling agreed upon is an authoritative part of Sacred Law that is obligatory to obey and not lawful to disobey.”  (Umdat al Salik, The Classic Manual of Islamic Sacred Law, al-Misri, b7.2)

A way to recognize when this “absolute” standard is being applied is when writings state “this is a matter over which all the scholars agree,” “there is no disagreement among the scholars,” or similar language.

Abrogation

Abrogation is a second legal concept in Islamic Law critical to understanding the underpinnings of the threat doctrine.  Simply put . . . and this is important . . . abrogation means that anything revealed to Muhammad chronologically later in the Qur’an, abrogates or overrules anything which came earlier.  Abrogation comes from three verses in the Qur’an meaning, from the perspective of Islam, it came from Allah and, therefore, can never be changed.  The last chronological Sura in the Qur’an to discuss relations with non-Muslims is Sura 5.

“It is a Qur’an which We have divided into parts from time to time, in order that threcite it to men at intervals: We have revealed it by stages.” (Qur’an 17:106)

“When We substitute one revelation for another – and Allah knows best what He reveals in stages

–   They say, “Thou art but a forger”: But most of them understand not.” (Qur’an 16:101)

“None of Our revelations do we abrogate or cause to be forgotten, but we substitute something betteror similar; knowest thou not that Allah hath power over all things?” (Qur’an 2:106)

It is a permanent command in Islam for Muslims to hate and despise Jews and Christians and not take them as friends.  This comes from both the Qur’an as well as from the sacred hadith scholars Bukhari and Muslim.“Oh ye who believe! Take not the Jews and the Christians for your friends and protectors; they are but friends and protectors to each other. And he amongst you that turns to them for friendship is of them. Verily Allah guideth not the unjust.”  (Qur’an 5:51)

The Prophet said, “The hour [of judgment] will not come until the Muslims fight the Jews and kill them. It will not come until the Jew hides behind rocks and trees.  It will not come until the rocks or the trees say, ‘O Muslim!  O servant of Allah!  There is a Jew ‘’behind me. Come and kill him.  Except for the gharqad, 1st which is a tree of the VIII.  Relations with non-Muslims [Sura 5: Last to discuss relations with non-Muslims] Jihad [Sura 9: The last to discuss Jihad]

Jihad is a permanent obligation on the Muslim community until the entire world made the Dar al Islam. Jihad is sixth Right of Pure Worship between Allah and man – the first five being the “pillars” of Islam.

The Quranic Basis For Jihad

Islamic Law provides three options for ‘People of the Book’ (those who had a holy book prior to Muhammad): (1) They may convert to Islam; (2) they may be killed; or (3) they may pay the jizya (non-Muslim tax) and be subjugated to Islamic Law having little rights as non-Muslims under the law. “Jews.’” [Sacred Hadith, Bukhari, 103/6, number 2926]. .:./Allah’s Apostle said, “By Him in Whose Hands my soul is, surely (Jesus,) the son of Mary will soon descend amongst you and will judge mankind justly (as a Just Ruler); he will .?`break the Cross and kill the pigs and there will be no Jizya (i.e. taxation taken from non Muslims). ”[Sacred Hadith, Bukhari, vol 4, book 55, number 657] Note: this Hadith /States that with Muhammad and will cast all Christians to hell and,kill all Jews in order that Muslims may go to ‘Paradise.’u

(Shafi), Ahmad ibn Naqib al-Misri, d. 1368.]

“war . . . is obligatory on men who are free, have attained puberty, who find the means for going to war, are of sound health, and are neither ill nor suffer from a chronic disease . . . the jurists agreed, with respect to the people who are To be fought, that they are all of the polytheists, because of the words of the Exalted, ‘And fight them until persecution is no more, and religion is all for Allah.”  [The Distinguished Jurist’s Primer (Maliki), Ibn Rushd, d. 1198] the consequences upon the conclusion of battle . . . if they reject the invitation, they are to seek the help of Allah and engage them in combat.” [Al-Hidayah, A Classic Manual of Hanafi Law, Primary Hanafi Text since 767 AD].

“Fight slay the unbelievers wherever ye find them, and Lie in wait for them in every stratagem of war.  But if they repent, and establish regular prayers and practice regularcharity, then open the way for them; for Allah is Oft-forgiving, Most Merciful.”  (Qur’an 9:5, the Sura of the Sword)

Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Apostle, nor acknowledge the religion of truth, even if they are of the people of the Book, until they pay the jizya with willing submission, and feel themselves subdued.” (Qur’an 9:29)

Lesser Jihad has only ever been defined in Islamic Law as ‘warfare against non-Muslims’: Fight in the name of Allah and in the ‘path of Allah.’ Combat only those who dis- believe in Allah . . . Whenever .you meet your polytheist enemies, invite them to adopt Islam.  If they do so, accept it and let them alone . . . if they refuse then call upon them to pay the jizya. If they do, accept it and leave them alone…” [The Islamic Law of Nations (first book of Islamic Law), Shaybani’s Siyar, 700’s AD].

“The jurists have distinguished four different ways in which the believer may fulfill his jihad obligation: by his heart; his tongue; his hands; and by the sword . . . the believers are under the obligation of sacrificing their wealth and lives’ in the prosecution of war.” [War and Peace in the Law of Islam, Majid Khadduri, 1955].

“The word jihad is most often associated with the act of physically confronting evil and wrong-doing . . . if anyone dies in a Jihad they automatically go to Paradise. A Shaheed or Martyr, is described this way by Allah,

‘Don’t think that those who were killed in Allah’s Cause are dead.  No they are alive, finding their bounty in the presence of their Lord . . . the Law of the Land is the Shari’a of Allah . . . the duty of the Muslim citizen is to be loyal to the Islamic State.”  [“What Islam is All About” (most popular Islamic junior high school text in the U.S. printed in English), 1997].

The Holy Qur’an spelt out the object of the divine war against Paganism soon after it commanded the Muslims to take recourse to fighting. ‘And fight them on until there is no more tumult or oppression . . .’The Holy Qur’an wishes to see the Muslim armies always in an uppermost, dominating and commanding position over those of their adversaries . . . Terror struck into the hearts of the enemies is not only a means, it is the end in itself.  Once a condition of terror into the opponent’s heart is obtained, hardly anything is left to be achieved.  It is the point where the means and the end meet and merge.  Psychological dislocation is temporary; spiritual dislocation is permanent . . . To instill terror into the hearts of the enemy, it is essential, in the ultimate analysis, to dislocate his Faith.  An invincible Faith is immune to terror . . . This rule is fully applicable to nuclear as well as conventional wars.  [The Quranic Concept of War, Brigadier General SK Malik, Pakistani Army; Forward by Chief of Staff Pakistani Army Zia ul Haq (who became President of Pakistan), and Preface by Advocate General of Pakistan Brohy who calls this a “Restatement” of the Islamic Law of War.  This was written in English in 1979 and is DOCTRINE in Pakistan].

Jihad as warfare must be fought when the Muslim community has the ability to do so.  Even when this is not possible, a standing requirement exists to wage Jihad via the pen or with words.  At a minimum, however, all Muslims are under permanent obligation to hate and despise the non-Muslim rule (Jihad of the Heart).

In Islamic Law, Muslim fighting forces may only call for a truce when they are in a position of weakness and require time to resupply and rebuild forces.  It is a grave concern because it entails nonperformance of jihad.

Truces are permissible, not obligatory.  The only one who may affect a truce is the Muslim ruler of a region (or his representative) . . . There must be some interest served in making a truce other than mere preservation of the status quo.  Allah Most High says, ‘So do not be fainthearted and call for peace, when it is you who are the uppermost.’ (Qur’an 47:35).  Interests that justify making a truce are such things as Muslim weakness because of lack of numbers or materiel, or hope of an enemy becoming Muslim.” [Umdat al Salik, Book O: Jihad, o9.16.

Islamic Law specifically allows, and in some cases obliges, Muslims to lie to non-Muslims if doing so furthers the cause of Islam.

“The Prophet said, ‘He who settles disagreements ybetween people to bring about good or says something commendable is not a liar.’” [Sacred Hadith, Bukhari & Muslim].

“I did not hear him (the Prophet Muhammad) permit untruth in anything people say except for three things: ^6war, settling disagreements, and a man talking with his wife or she with him.” [Sacred Hadith, Muslim].

“Speaking is a means to achieve objectives…it is permissible to lie if attaining the goal is permissible.”and obligatory to lie if the goal is obligatory.” [Imam Abu Hamid Ghazali, Renowned Islamic Jurist, quoted in Umdat al Salik, Sacred Islamic Law, Book R: Holding One’s Tongue, r8.2]

Slander

Slander in Islamic Law means “to mention anything concerning a person that he would dislike.” [Umdat al Salik, r2.2]. “As for talebearing, it consists of quoting someone’s words to another in a way that worsens relations between them.” [Umdat al Salik, r2.3]. “The above define slander and talebearing. ; As for the ruling on them, it is that they are unlawful, by the consensus of Muslims.” [Umdat al Salik, r2.4].

Summary – in Islamic Law, anyone who criticizes a Muslim, Islam, or the Prophet is guilty of “Slander.” The punishment for slander in Islamic Law is death.

Talebearing

‘Talebearing is unlawful . . . Talebearing is a term that is usually applied only to someone who conveys to a person what another has said about him.” (Umdat al Salik, Book R: Holding One’s Tongue, r3.0)

Informing On Another Muslim / Spying

“The Prophet said, ‘Let none of my Companions inform me of anything another of them has said . . .” (Umdat al Salik, r5.1)

“Anyone approached with a story, who is told, “So-and-so says such and such about you,’ must . . . not let what has been said prompt him to spy or investigate whether it is true, for Allah Most High says, ‘Do not spy’ (Koran 49:12); and not to do himself what he has forbidden the talebearer to do, by relating it to others.” (Umdat al Salik, r3.1(5-6)). 

Apostasy is when a Muslim leaves Islam.  This is a capital crime and is punishable by death.  There is a requirement for the Muslim to be advised of his error before he is killed.

“Leaving Islam is the ugliest form of unbelief and the worst.” [Umdat al Salik, o8.0]

“When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed.  In such a case, it is obligatory for the caliph (or his representative) to ask him to repent and return to Islam.  If he does, it is accepted from him, but if he refuses, he is immediately killed . . . There is no indemnity for killing an apostate since it is killing someone who deserves to die.” [Umdat al Salik, o8.1-o8.4]

Do Not Assist Police

“It is not permissible to give directions and the like to someone intending to perpetrate a sin . . . Giving directions to wrongdoers includes: (1) Showing bthe way to policemen and tyrants . . .  (Umdat al Salik, r7.1)

Zakat

“It is obligatory to distribute one’s zakat among eight categories of recipients (meaning that zakat goes to none besides them), one-eighth of the zakat to each category.” (h8.7, ZAKAT, Umdat al Salik).

The 8 categories s listed in the aforementioned book of Islamic Law are:

(1) The Poor; 

(2) Those Short of Money;

(3) Zakat Workers;

(4) Those Whose Hearts are to be Reconciled;

(5) Those Purchasing Their Freedom;

(6) Those in Debt;

(7) Those Fighting for Allah; and

(8) Travelers Needing Money.

Under category (7) Those Fighting for Allah, Islamic Law specifically states: “Those Fighting for Allah. H8.17.  The seventh category is those fighting for Allah, meaning people engaged in Islamic military operations for whom no salary has been allotted in the army roster. but who are volunteers for jihad without renumeration.  They are given enough to suffice them for the operation, even if affluent; of weapons, mounts, clothing, and expenses; for the duration of the journey, round trip, and the time they spend there, even if prolonged) . . .”

101 – 099

https://discerning-islam.org

Last Update: 01/2021

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