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The Concept of Jihā̄d and Baghy in Islamic Law : with Special Reference

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The Concept of Jihā̄d and Baghy in Islamic Law : with Special Reference This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. THE CONCEPT OF JIHAD AND BAGf!YIN ISLAMIC LAW: WITH SPECIAL REFERENCE TO IBN TAYMIYYA Mohd Farid bin Mohd Sharif A thesis submitted for the degree of Doctor of Philosophy University of Edinburgh March 2006 ABSTRACT This thesis is about Ibn Taymiyya's thinking onjihiid and baghy. It aims to make an important contribution to the study of early Islamic political thought. It considers how the terrnsjihiid and baghy have developed and been expanded from the structure established by the Qur'an and hadith. It also examines the relationship betweenjihiid and baghy in Islamic law and reveals the pivotal role of the imiim in politics. The main focus of this study is Ibn Taymiyya's thinking onjihiid and the fatwiis that resulted from it, using hitherto overlooked printed materials. It also seeks to explain why Ibn Taymiyya upheldjihiid against the Mongols, the Franks and the heretic Shl'a. The thesis is divided into four chapters and structured as follows. The first chapter deals with the life of Ibn Taymiyya. This chapter moves beyond conventional biography to relate the story of Ibn Taymiyya's life to the main events that occurred during the Mongols' incursion. The second chapter identifies what Meccan and Medinan Qur' anic texts say about jihiid, and examines whether jihiid is a mechanism of self defense or an act of aggression; it also explains the relationship between jihiid and the establishment of diir al­ Isliim, diir al-l;arb and diir a/- 'ahd. The third chapter considers Ibn Taymiyya's view onjihiid. The fourth chapter analyses Ibn Taymiyya's view on baghy, and aims to arrive at a clearer picture of the relationship between Ibn Taymiyya's concepts ofjihiid and baghy. CONTENTS Acknowledgements Vll Conventions IX Abbreviations X Introduction CHAPTER ONE: lbn Taymiyya: curriculum vitae 17 1.1. lbn Taymiyya's early background 17 1.2. lbn Taymiyya's family 19 1.3. lbn Taymiyya's education 21 1.4. lbn Taymiyya as Teacher and Scholar 24 1.5. Testimonies on Ibn Taymiyya 28 1.6. The Importance of Ibn Taymiyya 33 1.6.1. Ibn Taymiyya's response to various contemporary issues 33 1.6.1.1. Jjmii' (Consensus) and Qiyiis (reasoning by analogy) 33 1.6.1.2. Sutlsm 37 1.6.1.3. Economic Thought 41 1.6.1.4. Political Thought 42 1.7. The Social Conditions in Ibn Taymiyya's time 48 1.8. Ibn Taymiyya'sjihiid 50 CHAPTER TWO: The significance ofjihiid in the Qur'an and its relationship with diir al-Jsliim, diir a!-barb and diir a!- 'ahd 55 2.1. Introduction 55 2.2. The definition ofjihiid 56 2.2.1. Jihiid and "Holy War" 58 2.2.2. Jihiid and Da 'wah 61 2.3. The development ofjihiid in the Qur'an 62 IV 2.3 .1. The Meccan revelations 63 2.3.2. The Medinan revelations 69 2.3.2.1. The sariyya to Nakhla: Some opinions of the commentators 76 2.3 .3. The significance of the Prophet's jihad 79 2.4. The concept of dar al-Islam, dar al-}Jarb and dar a!- 'ahd 83 2.4.1. The concept of dar a!-Islam 86 2.4.2. The concept of dar al-}Jarb 94 2.4.3. The concept of dar a!- 'ahd 95 CHAPTER THREE: Jihad in Islamic law and the thinking oflbn Taymiyya 104 3 .1. Introduction 104 3 .2. Jihad in the classical texts 105 3.3. The legal definition ofjihiid 107 3.4. lbn Taymiyya's definition ofjihad 109 3.4.1. Jihad makk/andjihiid madan/ 115 3.5. The relationship betweenjihad and 'ibiida: Ibn Taymiyya's view 121 3.6. The greater and lesserjihiid: the Sufls' response 125 3.6.1. The doctrinal principle 125 3.6.2. The sources of the doctrine 126 3.6.3. Some opinions of the Sufis and lbn Taymiyya's view 129 3.6.4. The Sufls' interpretation injihiid: a view on ribiif 132 3.7. Jihiid as a duty: lbn Taymiyya's opinion 137 3.7.1. The pre-requirements of the Mujiihid 141 3.8. Jihad and the enemy: lbn Taymiyya's opinion 148 3.8.1. The polytheists 149 3 .8.2. The People of the Book 153 3.8.3. Apostates 156 3.8.4. The mu}Jiiribin 163 3.8.5. The bughah 168 V CHAPTER FOUR: Baghy in Islamic law and the thinking of Ibn Taymiyya 170 4.1. Introduction 170 4.2. The definition of baghy 171 4.3. Baghy in the classical texts 174 4.3.1. The elements of baghy 174 4.3.2. The punishment of baghy 178 4.4. The legal status of baghy: Ibn Taymiyya's opinion 181 4.5. Baghy in the Qur'an and hadith: Ibn Taymiyya's opinion 182 4.6. Ibn Taymiyya's opinion on Talba, al-Zubayr, 'A'isha and Mu'awiya 187 4.7. Ibn Taymiyya's opinion on the Khawarij 191 4.8. Ibn Taymiyya's opinion on the Druzes and the Nu~ayrls 193 4.9. Jihiid against the unjust Imam: Ibn Taymiyya's opinion 195 CONCLUSIONS 200 BIBLIOGRAPHY 202 VI ACKNOWLEDGEMENT I owe a special debt of gratitude to my supervisor, Dr. Yasin Dutton, Senior Lecturer at the Department of Islamic and Middle Eastern Studies (IMES), l Tniversity of Edinburgh. I should also like to give my thanks to Universiti Sains Malaysia and Jabatan Perkhidmatan Awam Malaysia for enabling me to complete this research. I am also particularly indebted to my mentor, Assoc. Prof. Dr. Zainal Abidin b. Abd Aziz at Universiti Sains Malaysia for encouraging me to start an academic career; also to Assoc. Prof. Dr. Mohd Radzi b. Othman, Assoc. Prof. Dr. Rahimin Affandi Abd Rahim and Datuk Nakhaei b. Hj. Ahmad who made the path of that start so comfortable. The following people shared ideas and gave me useful feedback on various things I have written about Ibn Taymiyya in the past few years: Professor Carole Hillenbrand (IMES) and Dr. Andrew Newman (IMES). My special thanks go to Dr. Ida Glaser, director of Edinburgh Centre for Muslim-Christian Studies (ECMCS), for allowing me to be involved in the Centre's academic activities. Special mention must be made of Peggy for her editing expertise. Many friends and colleagues have given advice and help- Assoc. Prof. Dr. Joni Tamkin Borhan, Assoc. Prof. Dr. Wan Mohd Salim bin Wan Md. Noor, Assoc. Prof. Dr. Fadlullah bin Jamil, Dr. Martin Whittingham, Dr. Ami bt. Basir, Dr. Atiqullah b. Abdullah, Dr. Norshakirah Md. Akhir, Kamaruzzaman Nordin, Amran bin Muhammad, Dr. Nor Hisham bin Hamid, Borhan Che Daud, Dr. Nik Abdullah Sani, Dr. Hanafiah Harunarashid, Dr. Edoardo Zamuner, Mohd Zarifi and my brothers, Mohd Saifuddin and Muhammad Solhi. I am very grateful to them all. Vll Finally, I would like to thank my sons Muhammad Aiman and Muhammad Ajwad for their constant love and admirable patience, and for helping to create a pleasant and supportive environment in which I could work. I must also thank two majestic women in my life: my mother Salma and also my wife Noridah~ with whom I shared joy and sorrow, and whose spirit sustained me throughout my academic sojourn in Edinburgh. My debt to both of them cannot be expressed in words. How I can ever pay that debt. Mohd F arid bin Mohd Sharif Edinburgh 2006. Vlll CONVENTIONS In general, Arabic words are transliterated and italicised (hence "jihiid" rather than jihad); the main exception are the words Qur'an, hadith and Sunna which I have left unitalicised. Every Arabic word has been glossed in the main text where it first occurs. The word hadith I have used both as a collective noun and as a countable singular having the plural hadiths. For the noun of "rebellion" I have consistently used the Arabic word "baghy"; for the countable singular "rebel" I have used "biighi'' having the plural "bughiih". For personal names and groups I have included macrons but for the commoner place-names I have not. The primary authorities for names, death dates, and basic biographical information for figures mentioned in the text are The Encyclopedia of Islam, I st Edition (Leiden/London, 1913-38) and 2nd edition (Leiden, 1960-), and the bibliographical works of Brockelmann and Sezgin. Dates are given according to the Islamic lunar calendar followed by a slash and the (Western) Common Era equivalent. IX ABBREVIATIONS Awliya' al-rai}man : al-Farq baina awliya' al-ral;man wa awliya' al-shai{iin Dar' la 'aru(l : Dar' la 'aru(l a!- 'aql wa al-naql lfasana : al-lfasana wa al-sayyi 'a al-lfisba : al-lfisbaf/al-Jslam al-Ikhliyaral : al-Ikhliyaral al-fiqhiyya al-lman : Kitab al-fman Ma 'arij al-wusiil :Kitab ma 'arij al-wusiil ifa ma 'rifa anna usiil al-dln wa furii 'ahu qad bayyanahu al-rasiil Minhaj al-sunna al-nabawiyya : Minhaj al-sunna al-nabawiyyaf/naq(lkalam al-Sh/'a wa al­ Qadariya MF : Majmii'falawa MR : Majm ii'a al-rasa 'if Risala 1 : Risala m in al-shaykh ifa a$i}abihi Risala 2 : Risala ifa al-Malik al-Na$ir Risala 3 : Risala al-qubru$iyya Risala 4 : Risala ifa al-$Ul {iin ya 'muruhu bi iqama al-$Glah al-Tafslr : al-Tafslr al-kablr al-Tawassul wa al-was1la : Qa 'ida ja!Jla f/ al-lawassul wa al-wasJla Thalalh rasa 'if : Thalalh rasa'ilf/al-jihad X INTRODUCTION Jihiid and Ibn Taymiyya The word jihiid is an Arabic term that has been assimilated into many major world languages.
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