War,peace and Non-violence

The Invitation To Islam Firstly

Related by al-Sukuni, from Imam Saadiq (A) who said:

'Amir-ul-Mu'mineen 'Ali said: 'The Messenger of Allah sent me to Yemen and said: 'O 'Ali, do not fight anyone until you have invited him to Islam for if Allah should give his guidance to one man through your hands it would be better for you than the whole Earth and you would have his loyalty O 'Ali.'

Related in the book Da'aim al-Islam from Imam 'Ali (A) who said: 'A people should not be fought until they have been invited to Islam.'

2 3 It should be noted that save the first Imam, Imam Ali (A), all other imams did not officially assu me the office of government. Instead the Muslim were governed tyrants and despots . . . If the call to Islam has not reached them then you may not fight them, and if even they have been invited to Islam before, to reconfirm the invitation once more is even better.

Related in the book Ghawali al-Layali from the Prophet (S) who said: 'The infidels should not be fought until after the invitation to Islam.' Also from the book Da'aim al-Islam: Related from Imam al-Saadiq (A), from his forefathers, from Amir-ul-Mu'mineen (A) that whenever the Messenger of Allah (S) sent an army or a raiding party, would enjoin God fearing piety up on its leader personally and then upon the rest of the troops in general and would say: 'Fight in the name of Allah and in the way of Allah and according to the creed of the Messenger of Allah (S).

Do not figh t the people until you have the justifica tion by inviting them to testify that there is no god but Allah and that Muhammad is his messenger and to confirm what he (Muhammad) has brought from Allah.

If they respond then they are your brothers in faith and you should then invite them to move from their territory to the town s of the Mu slims . . .' (This is so that they can learn more about Islam in Muslim populated cities where there are centres of learning of Islamic sciences.) Limiting (fighting) to the least amount necessary Related by Imam Saadiq (A) who said:

"The Messenger of Allah (S), when he wanted to send a troop, he would summon them and bid them sit by him. Then he would say: 'Go in the name of Allah and in the way of Allah and according to the creed of the Messenger of Allah. Do not handcuff or tie up (prisoners) and do not mutilate (even the dead) and do not use treacherous means and do not kill old men or children women. Do not cut down trees unless you are forced to do so.

If any Muslim man be he lowly or lofty should look towards one of the Polytheists then he should be given sanctuary so that he might hear the words of Allah. If he follows you then he is your brother in faith and if he refuses then grant him sanctuary and seek succour in Allah."

Also related from Imam Saadiq (A) who said:

"When the Prophet (S) assigned a leader to an expedition squadron, he would enjoin upon him God fearing piety for his own person and for his companions generally. He would then say: 'Fight in the name of Allah and in the way of Allah. Fight those who disbelieve in Allah. Do not use treacherous means, do not plunder and do not mutilate. Do not kill children or hermits and do not set fire to date palms or drown them with water.

Do not cut down a fruit-bearing tree and do not burn crops for you never know when you might be in need of them. Do not slay animals whose meat is edible except what is necessary for you to eat.

If you should meet an enemy to the Muslims then invite them to one of three things. If they respond to you accordingly then accept them and refrain from any action. Call them to Islam and if they enter Islam then accept them and refrain from any action.

Having accepted Islam, then invite them to emigrate to the lands of Islam2 4 and if they do this then accept them and refrain from any action. If they refuse to emigrate and favour their own homes and refuse to enter into the land of the hijra (i.e. the land of Muslim emigrant) then they will have the station of the Bedouin Muslims and have the same rights afforded to them as the Bedouin Muslims. They will not have rights of a share of booty until they emig rate in the way of Allah.

If they refuse these two things then call them to pay the Jizyah from their wealth and in a state of humiliation (to contribute to their protection by the Islamic state). If they pay the Jizyah then accept it from them and refrain from any action. If they refuse then seek succour from Allah Almighty against them and fight them in the way of Allah to the utmost.

If you lay siege to a fortress and the people therein wish you to let them surrender on the basis of the rule of Allah then do not accept that. But rather let them surrender according to your terms and condition, then judge what you will regarding them according to the criteria you know best.

For if you let them surrender according to the rule of Allah you will not know whether you will be able to fulfil the rule of Allah regarding them or not. If you lay siege to a fortress and the people wish you to let them surrender on the basis of the covenant and assurance of Allah then do not agree to this. Rather let them surrender on the 2 4 This is in order to for them to be close centres of Islamic learning and therefore learn more about Islam in the various domains of life.

basis of your own covenant and guarantee and that of your fathers and your brothers. For if you break your covenant and the covenant of your fathers and your brothers it will be easier for you on the Day of Resurrection than if you had broken the covenant of Allah and His messenger."

Related from Imam Saadiq (A) from his father, from his forefathers, from Amir-ul-Mu'mineen (A) who said:

"The Messenger of Allah (S), when he sent out an army or a raiding party would enjoin God fearing piety upon its leader personally and on the rest of the Muslims who were with him. He (S) would say: 'Fight in the name of Allah and in the way of Allah . . . and do not kill children or the elderly or women (meaning as long as they do not fight you), and do not mutilate and do not tie up or handcuff, and do not use perfidious means."

Related by al-Sukuni, from Imam Saadiq (A) who said :

'Amir-ul-Mu'mineen (A) said: 'The Messenger of Allah (S) forbade the letting loose or deploying of poison in the lands of the Polytheists.'

Related from Ja'far ibn Muhammad , from his father, from his grandfather 'Ali ibn al-Hussein, fro m his father from Imam 'Ali (A) who said:

'The Messenger of Allah (S) said: 'In battle do not kill (anyone) except those who have exposed themselves to the blades. (i.e. those who have come to fight with you.)

Related in the book Da'aim al-Islam that the Messenger of Allah (S) said: 'Do not kill children or the elderly or women.'

Related in a hadith is that Sa'd ibn Mu'adh judged regarding the clan of Qureidah "that their fighters be killed and that their children be captured. He ordered that the male amongst the captured to have their garments removed. Whoever's had grown was considered to be a fighter and whoever's had not gro wn then he was considered to be one of the children"25 . The Prophet (S) accepted this.

2 5 The clan of Qureidah had signed a binding agreement with the Muslims that they be allowed to stay in Madinah and have the protection of the Muslims, on the condition that they would not aid the enemies of the Muslims, the Polytheists, against the Muslims. This came about after a number of aggressions and assaults by the clan against the Muslims

No war when sanctuary is given

Related from Imam Saadiq (A) who was asked: 'What is the meanin g of the Prophet's saying: 'The lowliest of them strives for their protectorate.' He (A) answered: "If a Muslim army were to lay siege to a group of Polytheists and a man looked out from the fortress and said: 'Give me sanctuary so that I may meet your leader and discuss with him.' If then the lowliest of the Muslims gives the pledge of sanctuary then it is binding also upon the most high-ranking of them."

Related from Imam Saadiq (A) who said:

'If a group laid siege to a city and the people ask for sanctuary but they are told 'No', but they thought that they have been told 'Yes' and come down to them then they have sanctuary.'

Amir-ul-Mu'mineen (A) said:

'If someone promises another a truce on his blood then betrays th at truce then I disa ssociate myself from the killer even thou gh the o ne killed may be destined for the fire.' In the covenant of Amir-ul-Mu'mineen, Imam 'Ali (A), to al-Ashtar (May Allah have mercy upon him) states:

directly, as well as aiding their enemies against them. In the year 5 Hijra (after the Prophet's migration from Mecca to Madinah), all the different Polytheist groups and clans started to mobilise their forces against the Muslims in order to finish them off, once and for all. The subsequent battle that took place between the confederation of the various clans and the Polytheist groups, and the Muslims became known as the Battle of al-Ahzab (the Confederates).

Leading up to the battle, and after seeing the size of the mobilised forces against the Muslims, the Qureidah clan considered it to be a good opportunity to join ranks with the confederates against the Muslims, in order to succeed in obliterating them.

Therefore the elders and warriors of the clan decided to break th e agreement they had signed with the Muslims and side with Polytheists against them. According to the agreement, this act in itself constituted a declaration of war by the Qureidah clan against the Muslims. At the end of the day, the Muslims were the victors of the Battle of al- Ahzab.

According to the agreement, the Muslims had the right to wage war against the Qureidah clan, but instead asked the Qureidah clan for their suggestion as to how to settle this matter. They proposed that a third party judges this matter and his judgment would be final. The Muslims asked the Qureidah clan to propose a candidate that might be acceptable to both sides.

The Qureidah clan proposed Sa'd ibn Mu'adh, the Muslims accepted the proposed candidate. Sa'd ibn Mu'adh was known to be have been a long time friend of the Qureidah clan, and he was known to have accepted Islam. He was then invited by both sides to make judgment on the matter, according to the agreement between the two parties. He accepted and made the above judgement.

"Do not reject outright a truce called for by your enemy and in it is the pleasure of Allah. For the truce is an occasion of respite for your troops and a rest for you from your worries and concerns and a security for your lands. But remember be on your guard to the utmost after making a truce, for it may be that the enemy seeks to draw close to you in order to take you unawares. Therefore be judicious and do not give them the benefit of the doubt.

If you should form a treaty between you and your enemy which gives him your protectorate and word of honour, then honour this treaty, proclaim your word of honour and make yourself as a shield guarding what you have given, for there is no commandment of Allah (Almighty is He) more acknowledged in the eyes of the people despite the difference of their ideas and opinions than the honouring of pledges. Even the Polytheists have practised this amongst themselves because they realise the evil consequences of treachery.

Do not betray your covenant and do not break your contract and do not double cross your enemy for Allah has made His covenant and protectorate a sanctuary for his servants through His mercy and none but the ignorant wretch would go against Allah in this way. Therefore there should be no interpolation, forgery or betrayal in this matter.

Do not formulate a treaty in which there is room for ambiguity. When the treaty has been ratified and concluded do not try to take advantage of any grammatical errors that may be in it.

Do not let a critical situatio n arising from the treaty of Allah cause you to rescind it without just cause, for your patience in this situation seeking relief from it and the best outcome is better than treachery the dire consequences of which you fear and that you will be overcome by, and liable to that (treachery) and therefore be called upon by Allah to account for it and hence you will not be able to seek forgiveness for it in this world or in the hereafter."

Related from Imam 'Ali (A) who said:

'The Messenger of Allah (S) gave a sermon in the mosque of al- Hanif saying: 'May Allah have mercy on the person who hears this speech and remembers it and then passes it on to one who has not heard it. For many a person who bears knowledge is not a scholar but may transmit that knowledge to one more knowledgeable than him. The heart of the Muslim will never cheat after the knowledge of three thing s: Dedicating one's actions to Allah only, giving good counsel to the leaders of the Muslims, and being bound to the fact that the Muslims are a brotherhood. For with unity, the call of the Muslims will be overwhelming (on the non-Muslims).

The blood of Muslims is equal, the lowliest of them may offer their protectorate, for if any of the Muslims should give sanctuary to any of the heathens then this is binding.'

Also related from Amir-ul-Mu'mineen 'Ali (A) who said:

'If a Muslim should make a gesture of truce or sanctuary to any of the Polytheists and he descends (from a fortress) accordingly then he has the truce.' Related from Imam Saadiq (A) who said: 'Truce is allowed in whatever language it may be in.'

Related from Amir-ul-Mu'mineen 'Ali (A) who said: 'Fulfil your promises if you make a promise.' He (A) also said: 'If any Muslim makes a gesture of truce to any of the enemy then he has a truce.'

Related from Imam Saadiq (A) who was asked about two towns in enemy territory each with their o wn king. These towns fight one another and then make peace. Then one of the kings betrays the other and comes to the Muslims and makes a truce with them on the condition that they raid the other city. Imam Saadiq (A) said:

'It is not fitting for the Muslims to use treachery or to order others to be treacherous, nor to fight alongside those who are treacherous. They should fight the Polytheists whenever possible (according to the specified conditions), provided there are no binding peace treaties between them and the Infidels.' Also related from Imam Saadiq (A) who said: The Messenger of Allah (S) said: 'Each traitor will come on the Day of Judgement mouth-twisted until he enters the fire."

Related by al-Asbagh ibn Nabatah who said: 'Amir-ul-Mu'mineen (A) one day when he was giving a sermon on the pulpit of Kufa said: 'O people. Were it not for the vileness of treachery, you would find me to be the craftiest of people. But with each act of treason there is an depraved act and with each depraved act there is an act of infidelity and indeed treason, depravity, and betrayal are for the fire.'

Related from Imam 'Ali (A) that the Messenger of Allah (S) said regarding a treaty of his:

'Beware of breaking the treaty of Allah and His protectorate. For Allah has made His treaty and protectorate a sanctuary for all His servants by His mercy. Having patience in a time of strife in which you seek relief is better than any treachery in which you fear its repercussions and evil consequences.' Amir-ul-Mu'mineen 'Ali (A) said in a hadith:

'The fulfilment of promises is a concomitant of sincerity and I do not know of a shield more efficient than it (fulfilment). No one who is aware of the return (to Allah) would ever commit treachery. But we now live in a time when most of the people have taken up treachery as the clever and crafty way of conduct. The ignorant people would attribute this as a good conduct. What is the matter with them? May Allah curse them.

The truly intelligent one knows the ways and has the means to attain whatever he wishes, but the thing that prevents him from doing so, is the order of Allah. He refrains from committing (anything which is against the pleasure of Allah) even though he is able to do it. Whereas the one who has no fear of Allah or no bound to religion would not loose the opportunity to grab it."

He (A) also said: 'Fulfilling promises to the people of treachery is treachery in the sight of Allah. Likewise treachery towards the people of treachery is as the fulfilment of promises in the sigh t of Allah.' Author's note: Here Imam 'Ali (A) alludes to the principle of degrees of importance, and the meaning here is not treachery but rather that the command of Allah is more important than being trustworthy towards the treacherous by excusing oneself from being on the side of the treacherous for one's own protection.

Related from the Prophet (S) who said:

There are four things which if found in a person then he is a hypocrite . . . (and one of them is that) if he makes a promise he breaks it.' Related from Amir-ul-Mu'mineen 'Ali (A) who said:

'The swiftest of things in th eir consequences is when you make a contract with a person and you intend to keep it but he intends to break it.'

Cease fire during the Sacred Months

Related fro m 'Ala' ibn al-Fudail who said: 'I asked him Imam Saadiq (A) about whether the Muslims should initiate fighting with the Polytheists during the Sacred Months. He (A) said:

'If the Polytheists initiate things by considering fightin g allowed during these months and the Muslims see that they are being vanquished then they should fight and this because of Allah Almig hty's words: {The Sacred Month for the Sacred Month and the law of equality applies for the sacred things}. 26 The Romans were in this regard in the same position as that of the Polytheists because they did not recognise sanctity for the Sacred Months and would initiate fighting during these months.

The Polytheists did however know about the sanctity of the Sacred Months but th ey considered fighting to be allowed as d id the unjust who used to initiate fighting.

Related from 'Ali ibn Ibrahim in his exegesis: 'The Sacred Months are the months of Rajab on its own and then Dhul-Qa'dah, Dhul-Hijjah, and Muharram consecutively in which Allah has prohibited fighting and the effects of sins are multiplied and also good deeds.'

Prisoners of war are not to be killed

Related from al-Zuhri, from Imam 'Ali ib n al-Hussein (A) who said (in a hadith):

'If you take a prisoner and he is incapable of walking and you do not have a carriage then send him on his way (set him free) and do not kill him for you do no t know what the Imam will rule regarding him.' He also said: 2 6 The Holy Qur'an: The Heifer (2): 194.

'The prisoner, if he enters Islam will be spared his life and he will become part of the group.'

Related from 'Abdullah ibn Maymo un who said: "Imam 'Ali (A) was brought a prisoner on the day of the battle of Siffin and the prisoner pledged allegiance to him. Imam 'Ali (A) said: 'I will not kill you for I fear Allah Lord of the worlds.' So he sent him on his way and returned to him the booty that he had come with.'

Related from Amir-ul-Mu'mineen Imam 'Ali (A) who said:

"The Messenger of Allah (S) took some prisoners on the day of the battle of Badr and took ransom in exchange for their freedom. (similarly there were exchanges of prisoners of war.) For the Imam has the choice, if Allah grants him victory over the Polyth eists, to kill the warriors from them or to take them as prisoners and count them amongst the spoils of war and to divide them up. And if the Imam see it to be in the general interest, he could set them free."

Related from Bashir, who said to Imam Saadiq (A): 'I had a dream in which I said to yo u: 'Fighting without an Imam to whom ob edience is mandatory is prohibited in the same way that eating the flesh of animals not slaughtered (according to the Islamic law), or blood, or swine flesh is prohibited.' Then you said to me (in the dream): 'Yes, this is the case.' Imam Saadiq (A) said: 'Yes this is indeed the case.'

Related from Sama'ah, from Imam Saadiq (A) who said: 'Abbad al- Basri met Ali ibn al-Hussein (A) on the road to Makkah and said to him: 'O Ali son of al-Hussein, you have left jihad and its difficulties and turned to the Hajj and its easiness for indeed Allah Almighty and Exalted is He has said:

{Surely Allah has bought from the Believers their own selves a nd their wealth in return for Paradise, that they fight in the way of Allah . . .}27

Ali ibn al-Hussein (A) said: 'Read on.' He said: {Those who turn in repentance and do acts of worship . . .}28 Then Ali ibn al-Hussein (A) said:

2 7 The Holy Qur'an: Repentance (9): 111. 2 8 The Holy Qur'an: Repentance (9): 112. "If we see those people who are described thus, then jihad with them is better then the Hajj."

Related from Muhammad ibn 'Abdullah al-Samandari who said: 'I said to Imam Saadiq (A): 'If I was by the gate (meaning the main gate) and there was a call to arms should I go with them?' He (A) said:

"Do you think that if you went out with them and you took a man prisoner then granted him sanctuary and gave him the same treaty that the Messenger of Allah (S) used to give to the Polytheists, would they fulfil the covenant?"

I said: 'No they would not fulfil it.' He (A) said: "Then do not go out with them." Related form Abu Basir, from Imam Saadiq (A), from his forefathers (A) who said:

"The Muslim should not go out for jihad if he does not safeguard the rule or implement the command of Allah Almighty. If he were to die in that place he would be an aide to our enemy in limiting our right and putting our blood in danger. His death would be a death as of the days of ignorance.'

Related from Ja'far ibn Muhammad (A) in the hadith of the sharai'a al- din who said: 'Jihad is mandatory with the just Imam, and whoever is killed defending his wealth is a martyr.' Related from Bashshara al-Mustapha, from Komeil, from Amir-ul- Mu'mineen 'Ali (A) who said: 'O Komeil, there is to be no military raids without a just Imam.'

Related from Sayyid 'Ali ibn Tawous in the book Kashf al-Yaqin with the chain of narration to the Prophet (S) regarding the blessed night ascension to Heaven: Allah Almighty revealed to the Prophet (S): 'Walking on foot to jihad is only with you or with the Imams from your progeny.'

Related from al-Sha'bi who said: 'When Imam 'Ali (A) took prisoners on the day of Siffin he set them free. 'Amr ibn al-'Aas had said (to Mu'awiyah): "Kill the prisoners you have taken." In the mean time the freed prisoners started to arrive at Mu'awiyah's camp. Mu'awiyah then said to 'Amr ibn al-'Aas: 'O 'Amr, if we were to follow what you say then we would indeed fall into a foul state o f affairs and our reputation would be worsened. Do you not see that our prisoners have been released? Then he ordered that the prisoners from Imam 'Ali's men be released. When Imam Ali (a) had taken a prisoner from the Syrian camp,

he would released him except when one of his own men had been killed in which case he would kill him for that.

Also if Imam Ali (A) released a prisoner and he returned once more to fight, he would kill him then. Author's note: The killing of the prisoners was o nly in extraordinary cases because the Imam release of prisoners is well recorded in the chronicles. The account of Asbagh ibn Darar, presented later, is one example of this.

Those who were forced to fight should not be killed

In the book Da'aim al-Islam, related from Amir-ul-Mu'mineen 'Ali (A) who said: 'The Messenger of Allah (S) said on the day of the battle of Badr: 'Whoever you capture of the Clan of 'Abd al-Muttalib, then do not kill them for they have been forced to fight against their wills.'