[ The Command to fight Those Who fight Muslims and killing Them wherever They are found ]

Quran 2:190. And fight in the way of Allah those who fight you, but transgress not the limits. Truly, Allah likes not the transgressors.] [191. And kill them wherever you find them [during/in the battle], and turn them out from where they have turned you out. And Al-Fitnah is worse than killing. And fight not with them at Al-Masjid Al-Haram [the sanctuary at Makkah], unless they [first] fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers. ] [192. But if they cease, then Allah is Oft-Forgiving, Most Merciful.] [193. And fight them until there is no more Fitnah [disbelief and worshipping of others along with Allah] and the religion [all and every kind of worship] is for Allah [Alone]. But if they cease, let there be no transgression except against Az-Zalimin [the polytheists and wrongdoers].]

Allah is telling the Muslims, don’t get scared in the battle field, whenever the enemy comes to attack, fight them, and kill them if required; wait for them in every stratagem of war. This verse of the Qur’an is in the context of a battlefield. When the enemies who have broken the peace treaty, when they attack you, don’t get scared in the battlefield, fight them, if required even kill them. Now any army general, any President of any country, or any Prime Minister, to boost the morale of his soldiers he will use these words. For example, a few decades earlier, there was a war between America and Vietnam. If the American President or Army General tells the American soldiers in the battlefield that they should not get scared and wherever they find a Vietnamese, they should kill him, now if we were to quote the American President and say that he said that wherever you find a Vietnamese kill him, we will make him sound like a cruel man. Such a statement is appropriate in the battle field, to boost up the morale, when two opposing forces are arrayed against each other. In a similar manner, the Qur’anic verse refers to the situation in the battlefield, when the enemies had broken a peace treaty.

This was the first Ayah about fighting that was revealed in Al-Madinah. Ever since it was revealed, Allah’s Messenger used to fight only those who fought him and avoid non-combatants. Later, Surat Bara’ah [chapter 9 in the Qur’an] was revealed. "And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and give zakah, let them [go] on their way. Indeed, Allah is Forgiving and Merciful." [9:5].

Imam Razi, Imam Jamal, and others clarify in their tafsirs that this proclamation of fighting the polytheists "applies only to those that broke their covenants." This is also why an exception to the proclamation is made in verse 4 which, as Imam Razi and others clarify, refers to "those who did not break their covenants," i.e., they were not to be fought.

Hence, the oft-misunderstood fifth verse of "killing the polytheists wherever you find them" refers only to those that previously broke their covenants and, moreover, after they had four months to reflect on the situation and decide if they wanted to continue with their violation or not. If they decided to continue with their violation, then they would effectively be re-declaring war on the Muslim polity, in which case the verse ordered the polity to defend itself against the transgression. Even in that case, the next verse (Surah 9, verse 6) ordered the Muslims to provide safe passage and protection to any opposing soldier that sought asylum during combat.

"And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah . Then deliver him to his place of safety. That is because they are a people who do not know." [9:6] 

Allah’s statement:

*** […those who fight you] ***

applies only to fighting the enemies who are engaged in fighting Islam and its people. So the Ayah means, `Fight those who fight you’, just as Allah said [in another Ayah]:

*** […and fight against the Mushrikin collectively as they fight against you collectively.] [9:36] ***

This is why Allah said later in the Ayah:

[And kill them wherever you find them, and turn them out from where they have turned you out.] [2:191]
meaning, `Your energy should be spent on fighting them, just as their energy is spent on fighting you, and on expelling them from the areas from which they have expelled you, as a law of equality in punishment.’

It is only to keep matters and laws in control so that Allah’s unbiased law can be applied and his law and religion can be followed freely in which there are rights of nonmuslims too , their lives are in protection of Muslims , their rights are preserved , justice is for all even for the enemy , just the difference is that they would give Jazziyah tax instead of zakkat which is obligatory for muslims .

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■ [ Even in time of War with the enemy ] [ transgress not the limits. Truly, Allah likes not the transgressors.]
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Allah said:

*** [but transgress not the limits. Truly, Allah likes not the transgressors.] ***

This Ayah means, `Fight for the sake of Allah and do not be transgressors,’ such as, by committing prohibitions. Al-Hasan Al-Basri stated that transgression [indicated by the Ayah], “includes mutilating the dead, theft [from the captured goods], killing women, children and old people who do not participate in warfare, killing priests and residents of houses, people of worship, burning down trees and killing animals without real benefit.’

This is also the opinion of Ibn `Abbas, `Umar bin `Abdul-`Aziz, Muqatil bin Hayyan and others. Muslim recorded in his Sahih that Buraydah narrated that Allah’s Messenger said:

*** [Fight for the sake of Allah and fight those who disbelieve in Allah. Fight, but do not steal [from the captured goods], commit treachery, mutilate [the dead], or kill a child, or those who reside in houses of worship.] ***

It is reported in the Two Sahihs that Ibn `Umar said,

*** “A woman was found dead during one of the Prophet’s battles and the Prophet then forbade killing women and children. ” ***

There are many other Hadiths on this subject.

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■ [But if they cease, let there be no transgression except against the wrongdoers.]
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indicates that, `If they stop their Shirk and fighting the believers, then cease warfare against them. Whoever fights them afterwards will be committing an injustice. Verily aggression can only be started against the unjust.’ This is the meaning of Mujahid’s statement that only combatants should be fought. Or, the meaning of the Ayah indicates that, `If they abandon their injustice, which is Shirk in this case, then do not start aggression against them afterwards.’ The aggression here means retaliating and fighting them, just as Allah said:

*** [Then whoever transgresses against you, you transgress likewise against him.] [2:194] ***

*** [The recompense for an evil is an evil like thereof.] [42:40], ***

*** [And if you punish them, then punish them with the like of that with which you were afflicted. ] [16:126] ***

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■ [ At times of war against the kuffaar, it is not permissible for a Muslim to deliberately kill a kaafir child or woman who is not bearing arms against the Muslims or helping in the fight ]
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It was narrated that the Prophet [peace and blessings of Allaah be upon him] said to the Muslim army:

*** “Go out in the name of Allaah and by the help of Allaah, following the way of the Messenger of Allaah. Do not kill any old man, infant, child or woman… spread goodness and do good, for Allaah loves those who do good.” ***

[Narrated by Abu Dawood, 2614; its isnaad includes Khaalid ibn al-Faraz, of whom Ibn Hajar said in al-Taqreeb, he is maqbool [acceptable] i.e., if there are corroborating reports]

This is supported by the advice which Abu Bakr al-Siddeeq [may Allaah be pleased with him] gave to the commander of his army:

*** “I advise you of ten things: do not kill a woman, or a child, or any old person, or cut down any fruit trees…” ***

[al-Muwatta’, 982, Kitaab al-Jihaad].

The kaafirs whom the Muslims fight and inflict harm and loss upon are the kaafirs who fight the Muslims and drive them out of their homes, or help to drive them out of their homes and punish and mistreat them, and who stand in the way of calling people to Islam and prevent people from following the path of Allaah, and prevent the spread of Islam. Allaah says [interpretation of the meaning]:

*** “It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allaah forbids you to befriend them. And whosoever will befriend them, then such are the Zaalimoon [wrongdoers those who disobey Allaah].”[al-Mumtahinah 60:9] ***

Such people are to be fought against when [the Muslims] have the power to do so, and when fighting them and declaring jihad against them is more likely to serve a purpose. But when you can achieve your purpose with gentleness and kindness, it is not right to resort to violence and force. Muslims should only use force when they are compelled to, and as a last resort. They should not initiate fighting, unless there is some cause on the part of the kaafirs, such as their fighting the Muslims, or helping other enemies of the Muslims, or preventing them from following the path of Allaah and establishing the law of Allaah in the land.

We should also remind these kaafirs of the massacres which have been carried out and are still being carried out against Muslims in all parts of the world, in Bosnia, Kosova, Chechnya, Iraq, Afghanistan , Palestine and Kashmir, etc which are being supported by some groups of Jews, Christians and others. Is the blood of the Muslims cheaper than the blood of others? Should there be mourners for non-Muslims who are killed and not for Muslims who are killed? Moreover, when the Orthodox Christians carried out massacres in Bosnia and Kosova, in which the numbers of those killed exceeded 200,000, apart from those who were wounded or raped, and the economic losses that resulted, did the Muslims in the Arab and Islamic countries launch attacks against the Orthodox Christians who live in their countries, or kill any of them, or open fire against their churches and subject them to terror?! What does this tell you? It is very important for Muslims to explain these things to non-Muslims, in order to establish proof against the kuffaar. This is something that Allaah wants.

Secondly,

Among the kuffaar there are intelligent and fair-minded people, and people who are receptive to the guidance of Islam; perhaps they will be affected by a clear explanation. People who are not muslims but they are with justice humanity and speaks against these oppresing groups . , no Muslim should permit himself to be accused without explaining his innocence. The distorted image of Muslims is one of the things that is keeping the kaafirs away from the truth and being affected by the Muslims; indeed it may make them treat the Muslims like outcasts, resulting in additional wrongdoing towards the Muslims.

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■ [ Civillians and war ]
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The messenger of Allah said:

Ibn Umar said:

*** “I saw the body of a slain woman during one of the battles of the Prophet [may the peace and blessings of Allah be upon him], so he forbade the killing of women and children.” [Sahîh al-Bûkhârî and Sahîh Muslim]

Abû Dâwûd relates from Rabâh b. Rabî` with an authentic chain of narrators that he said:

*** “We were with Allah’s Messenger [peace be upon him] during a battle and we saw people gathered together. He dispatched a man to find out why they were gathered. The man returned and said: ‘They are gathered around a slain woman.’ So Allah’s Messenger [peace be upon him] said: ‘She should not have been attacked!’ Khâlid b. al-Walîd was leading the forces, so he dispatched a man to him saying: ‘Tell Khâlid not to kill women or laborers’.”

In another narration from Ibn Mâjah, it is related that Allah’s Messenger [may the peace and blessings of Allah be upon him] said:

*** “Tell him not kill children or laborers.”

Abû Dâwûd relates from Anas b. Mâlik that Allah’s Messenger [peace be upon him] would say the following words to his troops before sending them to war:

*** “Go forward in the name of Allah. Do not kill an elderly person, nor a small child, nor a woman, and do not exceed the bounds.”

In the Muwatta’, it is related from Yahyâ b. Sa`îd that Abû Bakr sent an army to Syria and went out to give them words of encouragement. He walked alongside Yazîd b. Abî Sufyân, then said:

*** “You are going to find a group of people who have devoted themselves to the worship of Allah [i.e. monks], so leave them to what they are doing.”

Ibnul Qayim said:

“Killing is only obligatory when facing warfare and armed combat not when facing kufr. For this reason, neither women are to be killed nor children, or the elderly, nor the blind nor those worshippers who do not fight, rather we fight against those who fight us. This was the way of the Messenger of Allaah in dealing with the people of the earth, he used to fight those who fought against him until they either entered into the deen, make an agreement or treaty with him or came under his authority via paying the jizya. This is what he used to instruct his armies if they fought against their enemies, as has preceded from the Hadeeth of Buraydah”. [“Ahkaam Al Udh-Dhimmah”, Vol 1, Page 17].

Ibn Habeeb said:

“It was not prohibited to kill religious people due to their preocupation with their worship, as the are the most distant from Allaah than others from the people of their deen due to their intense insight into kufr. Rather, on account of their non-involvement with the people of their deen in waging war against the believers – whether that be via hand, thought or wealth. But as for it beging known that one of them guides the enemy against us secretly or the likes, then at such a point it would be lawful to execute such a person”. [“An Nawaadir wa’z-Ziyaadaat’alaa maa fil Mudawanna min Ghairiha min Al Amaahaat”, Vol 3, Page 60].

Imaam Ibnul Munaasir said:

“As for the insame person then there should be no difference of opinion whatsoever over the issue of not killing them, even if the person has reached maturity, this is because the person is not responsible by agreement. The evidence that these types of peope [are not to be fought against] is the saying of Allaah: “Fight in the way of Allaah against thse who fight you and do not trangress the limits. Indeed, Allaah does not love those who trangress”. [Qur’an 2:190]. From these types of people are those who are generally unable to fight such as the elderly, the decrepit, those who are secluded in worship, hired workers, mothers and the likes who are not to be trangressed against during fighting and Allaah gave them a special position in that it is prohibited to kill them due to His saying: “And do not trangress the limits”. [Qur’an 2:190].