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Qur'an 89:27. The Qur'an refers to this soul of peace and satisfaction as naß al- mutmainna. ^JdJl

The Prophet is referred to as rahmat al lil 'alamcen' ie a mercy to ALL 'worlds' or

rahmatan min rabbik (a Mercy from your Lord): Qur'an 17:87, particularly the footnote to this verse in Abdullah Yusuf Ali, The Holy Qur'an: Translation and Commentary (1980), 719. Kemali translates the word rahma when used in the context of Qur'anic description of the Prophet's mission as a word that conveys

compassion, kindness, goodwill and beneficence not only to humanity but to all creation: Mohammad Hashim Kamali, Shari'ah Law: An Introduction (2008), 27. The Arabic word al ghaib (‘rt1*-^ is often rendered into English as "the unseen" by most translators. Asad however translates the word as 'that which is beyond human perception': Muhammad Asad, The Message of the Qur'an: Translated and Explained (1984), 4. This is a preferred translation for this concept and hence is adopted here.

Quran 3 :104 refers to 'order what is good, to prohibit what is bad (and to Believe in God), y'amruna bil ma’roufwa van hawna 'an il munkar

L 3; Qur'an 3 :110; Qur'an 3:114. Tine Qur'an also condemns as hypocrites those who promote the converse, ie those who prohibit the doing of good and promote the doing of evil: Quran 9:67. Qur'an 3:20.

Qur'an 16:125.

Majid Khadduri, War and Peace in the Law of Islam (1955), 102.

Qur'an 9:122; Qur'an 4:95; Qur'an 2:216. Note however, that armed djihad is not only about protecting Muslims but also involves the protection of all peoples in Muslim lands, their property and houses of worship. Qur'an 22:40:

Chapter 2 —45

Neither the achievement of victory nor the acquisition of the enemy's property7 and, as with the greater djihad, it is rather primarily the fulfilment of a duty — the djihad in God's path — of universalising the Islamic faith.

The scope of djihad broadly thus includes creating a 'universal' environment conducive to contemplation so that each individual can make an informed decision as to whether to accept, to defer acceptance or to reject the Covenant.23 Universalising Islam is a means to this end. The key self-evident difference between the greater and lesser djihad in

universalising Islam is the use of force. In juxtaposing the two specific meanings of djihad, on return from a battle the Prophet said:24

"We have returned from the lesser struggle23 to the greater struggle." They7 said "O Prophet of God, which is the greater struggle?" He replied "The struggle against the lower [animal] self [djihad al-nafs]"

The immediate aims of the lesser djihad, in this case during an ongoing conflict situation, are summarised in the following hadith from the Prophet:26

Did not God check one set of people by means of another they would surely have pulled down monasteries, churches, synagogues and mosques in which the name of God is commemorated in abundant measure.

Further, if the Muslims fail to provide this protection the taxes paid by the non- Muslims (but note, not Muslims' taxes) should be returned. See also Bruce Lawrence (ed) Messages to the World: The Statements of Osama Bin Laden (2005), 46. for the proposition that an offensive djihad must be declared by the imam. As discussed in chapter 3 however, bin Laden elevates the armed djihad to the position of an individual duty (although it was noted that this is a minority position). Majid Khadduri, War and Peace in the Law of Islam (1955), 102 (emphasis added). For a short discussion on the collection and distribution of war booty (fair) see Rudolph Peters, jihad in Classical and Modem Islam (1996), 11.

Note that conversion for pragmatic reasons is condemned. Unless conversion was made under duress such converts are labelled hypocrites. Please refer to text accompanying n 81, 51.

Javad Nurbakhsh, Traditions of the Prophet (1981), 77. Although often quoted, this

hadith is not found in the two major Sunni compilations of hadith viz, Al-Bukhari and Muslim. Rudolph Peters, jihad in Classical and Modem Islam (1996), 118.] refers to quotes contemporary7 Muslim scholars Hasan Al-Banna and Maududi, as claiming that this hadith 'cannot be regarded as authentic' and 'was spread to weaken Muslim combativeness' though they7 stop short of asserting that the hadith

was fabricated. According to R L Euben and M Q Zaman (eds), Princeton Readings in Islamic Thought (2009), 342., Faraj held in his treatise al-farida al-gha'iba that this

hadith was on the authority of Ibn Qayyim in kitab al-manar, fabricated to 'reduce tine value of the sword' and thus weaken tine Muslims. On the other hand Faraj (ibid, 330, para 51) accepts the hadith that 'The best djihad is the word of truth to a tyrant' but does not explain how speaking can be better djihad than fighting. Generally7, tine position adopted in this hadith is arguably similar to that taken by most nation States vis-ä-vis those who do not submit to tine Taw of the land'. Armed djihad is better translated for meaning as a 'necessary7 struggle' within the meaning of the shari’a, this terminology7 is not used in this thesis for general consistency with the broader literature.

Chapter 2 —46

"When you meet your heathen enemies summon them to three things. Accept whatsoever they agree to and refrain from fighting them.

Summon them to become Muslims. If they agree accept their conversion. In that case summon them to emigrate to Medina. If they refuse let them know that they are like the Muslim Bedouin [...]. If they refuse conversion, ask them to pay the poll-tax (djizya). If they agree, accept their submission. But if they refuse then ask for God's assistance and fight them [...]

The three options are made in the order in which Muslims would

Outline

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