Islamic Religious Curricula and Terrorism

A Sampling of Azharite Schools and Institutes in Egypt

By: Babikir Faisal

Translated By: Garabet K Moumdjian

I-Introduction

A-The War on Terror:

Fighting terrorism became first priority for the United States’ foreign policy after the events of September 11. This fight included several fronts four of which constitute the Main axis. These are the political, security, economic, and educational fronts. Of course the importance of implementing actions in these four fronts depended on the priorities that decision makers in the United States gave to each one of the 4 components during any given time.

In the political arena actions taken included demanding Middle Eastern and Arab countries to implement important political reforms that would lead to more democratic societies and larger popular participation in the decision make process in these countries. The security front included a direct action for mutual cooperation in operational matters with Middle Eastern governments with the aim of hunting all those whom America thought of as having any connections to the Qa’idat-Uljihad network or organization, which had adopted the September 11 operations. There is an indirect approach that is represented in the form of cooperation in security-intelligence information sharing between the intelligence agencies of the United States and the aforementioned countries. As for the economic front, action here was pursued in the form of tracking financial institutions accused of having relations with, or are related to, Islamic institutions that are at odds to American policy. This action went as far as asking some Middle Eastern countries to finance military operations that the United States deemed necessary to implement in its war against terror. The last front is a complex one and has a cultural-religious dimension to it. It is at the crux of the Arabic-Islamic identity. It is best defines as the United States’ demand from Arab and Islamic countries to amend and modify their religious educational methodologies and programs.

American official interest in religious studies in Middle Eastern schools was a direct result of the September 11 events, since it was proven that a number of “Al Qa’ida-Al Jihad” operatives had been politically indoctrinated while studying in these schools and their extremist religious curricula.

This American interest in changing religious curricula in the Middle East was met with an opposition that doubted the honesty of its goals and considered it an unwarranted interference that aimed at distorting the Image of Islam. Some even considered that one of the most important elements of solving this problem is by disparaging extremist ideas that were adopted by Qa’idat-Uljihad and other similar organizations by “deepening Islamic understanding” and not by canceling, marginalizing, or fighting it, because such a thing was an impossibility in itself and was going to be met with a very strong wave of opposition and struggle. This thinking furthermore assessed that the deepening of Islamic learning must be delivered by moderate Muslim thinkers and jurists [Fuqaha’ (pl.), Faqih (sing.)] who have the popularity and are aware of the times. Moreover, this line of thinking also advocated that such a change must not come from the outside [the West in general] in terms of veiled demands for changing religious curricula, because people would look negatively at any such demand and thus all reforming movements would be defeated, which in turn would be for the benefit of extremist religious organizations.


II- Part One

A-Egypt Is the Intellectual and Political Center of Gravity of the Arab and Islamic Worlds.

When the American government found out that 15 of the 19 people that executed the hijacking of the airplanes and the events of September 11, 2001, were young Saudis, they started doubting the Kingdom of Saudi Arabia not only as the source of the money that was being used to finance terrorist acts, but also the Saudi educational system. They asked themselves if this education was what made these young people become anti-American as well as extremists who hated “the other” [non Muslims] in general.

So started the pressures on Saudi Arabia to change its educational curricula, which the American government thought had a direct effect on terror and hate against Americans. This is where the American side committed its first mistake; Saudi Arabia was and is not the country where you can measure the relationship between terror and the country’s educational curricula, even if the latter contained elements that formulated terror and hate against America and Americans. The reason for this is that extremist Islamic movements as a phenomena in the Arab World started first in Egypt for reasons that had no direct relation with the religious curricula that is taught in Religious educational institutions. Its roots were historic, political, and social. Therefore, the whole project of destroying the roots of terrorism in general by demanding reforming of the religious curricula in Saudi Arabia (or even Pakistan for example) would be a futile attempt at fighting the real roots of armed terrorist and extremist organizations in the Arab and Islamic worlds.

Egypt has always been and remains to be the centre for religious radiance and the propagation of civilization in the Middle East and the Islamic World in general. It was there that the first flickers of religious awakening appeared at the end of the 19th century. This happened through the work and effort of people such as Jamal Ul Din Al Afghani and his student, Imam [Muslim cleric] Muhammad Abdu. It was in Egypt that the first Islamic organization calling for the implementation of the Islamic Shari ‘a [law] to the detriment of secular government emerged in 1928. . This was the credo of the Jamaat Al Ikhwan Al Muslimin [JIM hereafter, The Muslim Brotherhood] that was founded my Hasan Al Banna.

It was through the struggle that the Nasserite government unleashed against JIM and which ended with the imprisonment of the leaders of the organization that the embryos of Jihadist movements were formed and then advocated the use of armed struggle to destroy the secular government and install a new one based on the tenets of Shari ‘a.

It was Egypt too that led all Arab struggle against Israel from 1948 and on, until the October War of 1973. It was for this reason that Arabs in general looked at Egypt as their leader in the formulation of Arab intellectual thought and civilization. Islamic Jihadist movements in Egypt were not an exception from this point of view. Salih Sariyya, the leader of the Tanzim Al Fanniyya Al Askariyya [Military Arts Organization], thought that his organization was one of the first to penetrate the Egyptian army with the aim of destroying secular governments in Egypt and other Arab countries by the use of armed struggle. Sariyya was a Palestinian by birth and a Jordanian by citizenship. His thought revolved around the idea that “... the liberation of Palestine could be achieved only by institutionalizing Islam in the biggest and the most populous of the Arab countries, Egypt. He thought that if the Egyptian people moved forward all other Arabs would follow suit to uproot the ruling secular regimes.”

So uttered also Muhammad Salem Al Rahhal, an Arab of Jordanian origins and one of the first symbols of Jihadist movements in Egypt, who kept on advocating that “Egypt is the largest Arab country and as such the Islamic Movement there should take a leading role” in the Arab World.”

On the Other hand, Dr. Ayman Al Zawahiri [the leader of Tanzim Al Jihad in Egypt at the time] wrote an essay in the Nashrat Al Mujahidun [The Jihadists’ Digest] published by the Jihad Organization, where he clearly stated that “... Jerusalem’s case will not be settled and it will not be conquered until the battle is settled first in Al Qahira, and it is conquered first.”

After the Egyptian “Tanzim Al Jihad,” headed by Ayman Al Zawahiri, disavowed itself from the tenets of the book “Al Faridah Al Gha’iba” [The Neglected Duty], authored by Muhammad Abdul Salam Faraj, which advocated that “...the near enemy must be dealt with before the furthest enemy” [meaning that jihad in the Arab world is more important than transferring the fight into the West] and Zawahiri’s alliance with Usama Bin Laden in the beginning of 1998 and their formulation of the dictum of fighting the furthest enemy first by founding the Qa’idat-Uljihad, Egyptian cadres played the most important roles in the new organization, since they possessed the expertise in the field of Islamic movements. It is said that Usama Bin Ladin didn’t possess any organizational expertise to bring people around him when he went to Afghanistan and that it was Al Zawahiri who taught him that through his vast knowledge in organizational matters.

It is for the above mentioned reasons that this study would rather dwell on the religious curricula in the Azharite schools of Egypt, since they are the largest schools in Egypt and the Arab World. It is the aim of this study to see if there really is any relationship between the curricula and what they teach, with what American governmental circles doubt that it advocates animosity toward the United States and that these religious schools are nothing but hatcheries that hatch extremist jihadists. This study will also look at the curricula that extremist groups use in attracting and indoctrinating members and the relationship between these curricula and the one used in religious schools.
Let it be said from the onset that the American decision maker is faulting twice in his overt war on terror and the extremist groups. His first fault is that he is unable or doesn’t want to arrive at a right prognosis regarding the real reasons behind the appearance and the propagation of these movements. Moreover, he commits the second mistake when he takes decision based on a wrong prognosis. The war in Iraq is but a witness to accumulated mistakes in this area.


B- Egyptian Jihadist Movements

The common denominator of all Egyptian jihadist movements is based on the teachings of Sayyid Qutb, which he wrote while in prison. Qutb’s writing were replete with ideas of Takfir [blaspheme] and Jihad against the oppressive Egyptian regime, which, in his opinion, were based on Jahiliyya [the pre Muslim, heathen, and hence, blasphemous old religion of the Arabs]. Groups like Hizb Ul Tahrir [The Independence Party], Jamaat Al Takfir Wa Al Hijra [immigration, based on the famous migration of the Prophet Muhammad from Mecca to Madina when his new group of converts to Islam was harassed in the former city]. In this context Hijra means that a true Muslim distances himself/herself from the Jahiliyya society of the secular regimes], Tanzim Al Najun Min Al Nar [The Organization of Those who Are saved from Fire, i.e. Hell], Al Shawqiyyun, Shabab Muhammad [Youth of Muhammad], Al Tawqif Wa Al Tabyin [], Al Wasiqun Min Al Nasr [The Sure About Victory], as well as the Jihad Organization and Al Jamaa Al Islamiyya, the biggest of these organizations in Egypt.

a-The Jihad Group

It is a known fact that this group didn’t appear as a unified organization before the end of 1980 or the beginning of 1981, when engineer/Islamic advocate Muhammad Abdul Salam Faraj, author of the book “Al Faridah Al Gha’iba” [The Neglected Duty] united several small groups that had been in operation since the beginning of the 1970’s. The new united group was formed based on the teachings that Faraj formulated in his aforementioned and famous book. Moreover, it is also a known fact that such small but disunited Jihadist-Islamic organizations had mushroomed in different parts of Egypt since the 1960’s. The first of these was formed in 1967. One of its first members was none other than Ayman Al Zawahiri, who 3 decades later, assumed the leadership of the united Jihadist front in Egypt.

The Jihad Organization distinguished itself by its extreme secrecy as well as its penetration of the most sensitive governmental institutions and especially the army. It sought and executed operations against the symbols of the government. It also developed a highly organized and armed military infrastructure. It was through the joint efforts of the Jihadist and Islamist Groups that the assassination of President Anwar Al Sadat was accomplished. The aftermath of the assassination saw the court trials of several of the leaders of both groups in a publicized case that was nicknamed “The Grand Jihadist Case.”


b- The Islamist Group

This is the biggest and most propagated Islamist movement, especially in Egypt’s rural areas of Al Sa’eed. It was seeded and nourished in the University of Asyut and was then branched into the other universities. The Group advocated Al ‘Amr Bi Al Maaruf Wa Al Nahi An Al Munkar [Righteousness and No Alcohol Usage] and attacked the leftist student associations and Copts [Egyptian Christian sect]. Its members used machetes, knives, and iron chains. It continued to spread and to take control of the villages and hamlets of Al Sa’eed by taking over the most important propaganda tool in those places, namely the pulpits of the mosques. The movement then started to be active in the poorest sectors n Cairo. The Mufti [clerical leader] of the group is Dr. Umar Abdul Rahman, who was an official of the Shari ‘a law interpretation and implementation. He also was the one who wrote a Fatwa [religious/jurisprudence interpretation that can be considered as law in Islamic societies] that permitted the killing of a ruler who changes God’s laws. He also advocated Jihad against oppressive leaders in the same fatwa. It was this Fatwa that sealed the fate of President Anwar Sadat.

The Islamist Group is different from the Jihadist Group in that it concentrates more on propagating of the mission and popularizing it, rather than concentrating on complete secrecy.

c-Educational Curricula and Member Acquisition Within Jihadist Groups

Azmi Nassar, in his seminal study regarding the religious curricula in Egypt points that:

... Religious schools are not seen in general as institutions that have any connection with politics. Even the Muslim Brotherhood, which the government regards as an extremist and terrorist group, has no connections with the religious educational system and had started as a political movement within secular universities and used Islam throughout the years as a propaganda weapon to attract members. It is no wonder that most of the leaders of the brotherhood got their education outside Egypt or within the secular universities in the country. And even though the University of Al Azhar is considered a traditional and conservative institution, there is no proof that its academies and institutes are places for recruiting extremist Islamists.

We can now look into the writings of the leaders of the jihadist movements.
In order to test the validity of Nassar’s statement; Muntasar Al Zayyat, esquire and a leading ex figure of the Islamist Group, points in his aforementioned work (“The Islamist Groups: A Look from Within” that the educational curriculum that Sheikh Abdullah Al Samawi—A leading pillar of the Jihadist movement in Egypt—advocated to recruit members for his cause was considered as an initiation rite for the recruits. In this regard Al Zayyat says:

... We used to prepare secret educational meetings in the homes in Aswan. We used to study and educate ourselves in reading the Qur’an and how to recite its verses and the Hadis of the prophet. We used to read these educational materials from Riad Al Saliheen’s book. Thus, the initiation of the members was completed through these educational meetings, which were organized on the model that the Muslim Brotherhood used. Samawi taught us in the same way he was taught when he was a young recruit with the Muslim Brotherhood; It consisted first and foremost of learning how to perfectly read the Qur’an and the intonations of the language of the book, and then to read Al Qurtubi’s book, “Dar Al Akhera” [Final Judgment Day], and afterwards to read Ibn Kasir’s “Explanation of How to Interpret the Qur’an,” to read Al Showkani’s “Fiqh Ul Jihad” [The Jurisprudence of Jihad], and finally to read Sayyid Qutb’s famous book “Maalem Fi Al Tareeq” [Signposts]. This was the educational curriculum to become a member in Abdullah Al Samawi’s organization.

Most often, the jihadist groups read some books and assume some teachings from it,
without going through the trouble of asking legitimate entities to explain those books and excrete Fatwas from them. Zayyat says that at some instances members of these groups take positions and read books without passing them through the leadership of their particular organizations. They were thus acting “…without the consent of our leaders and without any direction. We ourselves assumed the role of cleric sheikhs. We read the Salafist [from Salaf, forefather] volumes of Ibn Kasir, and Sheikh Ul Islam, Bin Teymiyya and his student, Bin Al Qayyim.”

The members of the jihadist groups did not get their religious studies at the religious schools or academies. In fact, the mosque was the place where they were indoctrinated through very violent jihadist curricula. Al Zayyat also points out that the neighborhood mosques were under the control of Sadat’s Islamist opponents, who held their meetings in groups within the walls of these mosques in most Egyptian provinces, where they used to read the Fiqh Al Sunna, Riyad Al Saliheen, Al Nawawi, and Tafsir [Explanation] Bin Kasir.

As for the engineer Muhammad Abdul Salam Farah, who is the Amir [prince] of the Jihad Group and the main planner of President Sadat’s assassination, as well as the author of the book, “Al Fareeda Al Gha’iba” [The Neglected Duty], he started his preaching from the small Umar Bin Abdul Aziz Mosque, which was situated at the lower level of the apartment building where he lived. He also taught from Al Shawkani’s book “Fiqh Al Jihad Fi Sabil Al Islam” [The Jurisprudence of Jihad for the Sake of Islam], and the books of Sayyid Qutb, especially the latter’s “Signposts,” as well as the Fatwas of Bin Teymiyya and the 2 volumes, “Manhaj Al Inqilab Al Islami” [The Curriculum of Islamic Coup D’état] and “Al Hakimiyya Fi Al Daawa Al Islamiyya” [Ruling in the Islamic State] authored by Abi Al Aa’la Al Mawdudi.

The sit-ins that the Islamist Group organized during the last ten days of the holy month of Ramadan were, in fact, an important venue for the study of jihadist jurisprudence. Dr. Umar Abdul Rahman, the Mufti of Jihad of the jihadist groups, advocated that members attend these educational meetings in the mosques at night and away from eyes of the government’s security personnel.

The members’ homes were near the mosques, while university campuses served as camps for the propagation of religious studies that aimed at expanding the education of Islamist groups members’ in jihadist ideas and the legitimacy of violence, which these groups advocate. The leaders of Islamist groups lectured during these camps, which lasted for several days.

Aside from the books included in the curricula of cadre education within these Islamic societies, the leaders also penned internal letters and circulars every time they were compelled to issue certain Fatwas. This task was given to Commissions of Legal Control, which also conducted the research necessary for a particular Fatwa that had to be published. A good example in this regard is the fatwa that the Jihadist Organization issued to legitimize suicidal operations. It put forth a research paper titled “Self Sacrificial Operations from a Legal Perspective.” It is interesting to note that the organization reached some very important rules, which were later adopted and even modified by Al Qa’ida and its satellites, thus constituting the basis of a theoretical and legal framework that constituted the reasoning for most of their actions.

Dr. Abdullah Azzam, A Palestinian national who is considered to be the spiritual father of the Arab Mujahidin [jihadists] in Afghanistan, and a mentor to Usama Bin Laden himself, was educated at Cairo University in Egypt. He wrote about the sources that had motivated him and gave the impetuous for the formation of his jihadist ideology. In this regard he says: “In reality I have not been impressed by authors who had written about Islamic Thought, in as much as I have been impressed by the writings of Sayyid Qutb. I have to announce with the help of God the Almighty, that his [Qutb’s] writings opened up my chest and my heart to absorb all of his teachings. Qutb directed me intellectually, while Ibn Teymiyya did the same to me in the realm of ideology, Ibn Al Qayyim spiritually, and Al Nawawi in jurisprudence. This quarto was the most important in my formation and they have had a deep influence in my life.”

Azzam continues by saying that Qutb met his maker [died as a martyr] and left behind a huge heritage in Islamic taught that is the bread and butter of new jihadist generations. He explained and simplified meanings that were absent from many minds for a long period of time. Moreover, he clarified the meaning and the vocabulary of oppression, Jahiliyya, Al Hakimiyya, Al Ubudiyya [slavery] Al Uluhiyya, [Godliness]. Through his honest and unwavering stance he also clarified the meanings of Al Baraa’ [Showing hatred towards infidels, i.e. Kafirs], Al Walaa’ [acceptance of real Muslims], Al Tawheed, Al Tawakkul Ala Allah [Reliance on God], and being afraid of his judgment [Al Khishya Minhu], and asking for his help [Al Iltijaa’ Ilayhi]. Those jihadists went to and fought in Afghanistan know very well how deep Qutb’s teachings are in Islamic jihad and on their generation. The most indicative uttering in this regard is what one of those jihadists says: “Some would not ask you for clothing even if they are naked. Food if they are hungry, weapons even if they are unarmed, but they would definitely ask you for the books of Sayyid Qutb.” Attorney Hani Al Siba’i, an ex member of the Jamaat Al Jihad, that he once asked the following question to Dr. Ayman Al Zawahiri, the founder of the Egyptian Jihadist Group and the second in command within Al Qa’ida: What moved you to form your group, even though you were still a student in the Al Maadi Secondary School? Al Zawahiri answered him back that he was first moved by rereading the books of Sayyid Qutb. He added that he was further moved by the clarity of Qutb’s writings and the way by which he dissected the existing reality. Al Zawahiri described Qutb as the public coroner doctor, who dissects the body carefully, at length, and with utmost professionalism, as if he knows its [the body’s] most minute details.”

In his book titled “Knights Under the Banner of the Prophet” Zawahiri says that “Qutb stressed the importance of Tawheed [the oneness of God as ruler and deity] so much that he went on writing that the battle between Islam and its enemies is in essence dogmatic. He also explained that the issue of Tawheed relates to who is the real ruler of the world. Is it God and his Laws, or earthly rulers and their material principles?”

Isma’il Al Shareef, son of Imam Dr. Abdul Aziz Al Shareef, the ex Amir of the Jihad Group and the most revered Faqih within the Islamist groups, and author of the book titled “Al Umda Fi I’dad Al Udda” [The Utmost Manual for Preparing for Jihad], which is treated as a constitutional document by Qa’idat-Uljihad, referring to his father’s life says: “University education was a turning point in the life of my father. It oriented him toward religiosity and being bound by more religious motivations. He organized a library of religious books. This was the beginning of his concentration on reading religious writings. And since he was an outstanding student at the medical faculty, he received many monetary grants and stipends, which he used to buy more religious books that he read parallel to his academic studies. He used to attend the meetings of the first jihadist groups in Egypt with his classmates in 1968. some of the most famous speakers in these meetings were none others than Dr. Ayman Al Zawahiri and Dr. Amin Al Dumeyri. Qutb and Sheikh Ul Islam Ibn Teymiyya have ‎had the most important influence on these students. Ibn Teymiyya was quoted more often than others during his discussions.

When the judge asked lieutenant Khalid Al Islambuli, the assassin of President Sadat, during his trial if Muhammad Abdul Salam Faraj, the mastermind of the assassination plan, did really give him some special books to read? He answered yes. He used to advise me to read Ibn Teymiyya’s books, Abi Al Ali Al Mawdudi’s book “Al Jihad Fi Sabeel Allah” [Jihad for the sake of God], and Al Shawkani’s “Nayl Al Awtar.”

It can be assumed then that the religious books incorporated into the curricula of education within the jihadist groups and which were used in homes, mosques, and university meetings, brought forth the generation of Ayman Al Zawahiri, and the generation of lieutenant Khalid Al Islambuli next. This route was to continue until it reached its apex in jihadist violence with the generation of engineer Muhammad Ata and his friends, who surprised the world with their attacks on the Twin Towers in New York, and the Pentagon on September 11, 2001. At this juncture we will bring forth and analyze two of the books that violent jihadist groups use for internal education purposes.

1-“Maalem Fi Al Tariq” [Signposts]

Sayyid Qutb’s Signposts is considered to be the most dangerous document that constituted the jihadist taught in Egypt and the Islamic world during the second half of the 20th and the beginning of this century. Qutb wrote the book during his incarceration by the Nasserite regime, which culminated by his execution in 1966, after he was accused of leading a faction that wanted to overthrow the existing regime by force. Qutb advocated fundamental ideas in his book, which later became the dynamic engine in the formation of violent jihadist groups. The ideas Qutb advocated were related to the Jahiliyya of the society, the Hakimiyya of God, and offensive jihad that aimed at freeing the people through violent revolution, and purifying Islam and its ideology.

Qutb indicates that “...The existence of the Muslim nation has been a bygone issue for centuries. According to him the Muslim nation was not a land in which Islam dwelt. It was not even a people whose ancestors lived under an Islamic system during an epoch of history. The Islamic nation is a group of people whose life, imagination, social order, rules, values, and arbitrations were regulated by an Islamic curriculum. The nation with these characteristics had been demolished ever since ruling with God’s Shari’a was taken away. Therefore, it is an urgent necessity to reestablish that nation, so that Islam can once again perform its expected role in leading humankind once again.”

Qutb also indicates that “...The whole world lives today in Jahiliyya, away from their original values, from which the constituents of life and rules are derived. Materialism and scientific invention only add to Jahiliyya. This new Jahiliyya is founded on the principle of attacking God’s dominance on earth and deforming the principles of his Godliness, from which his dominance is derived. It gives authority to people rather than God, in the name of new social inventions such as justice and the rule of law, without giving regard to God’s laws, when God has not allowed such a divergence from his path.”

Qutb continues: “...Today we live in a Jahiliyya that is similar to, or even worse, than that which predated Islam and coexisted with it during the latter’s heyday. Jahiliyya is all around us. Peoples’ imagination and their dogmas, traditions, customs, laws, the sources of their civilization, their arts, literature, and even a lot of what is considered as Islamic civilization, doctrines, philosophy, and taught is the work of Jahiliyya. Therefore, the real values of Islam will not be reintegrated in our society and its thinking, like it happened during the first age we accepted Islam, until this Jahiliyya is uprooted.”

Qutb then announces that there are only two kinds of societies: An Islamic society and a Jahiliyya society. “...The Islamic society is the one where Islam is implemented through its dogmas, worship of God, Shari’ a, and human behavior. The Jahiliyya society is the one where Islam is not implemented and its dogmas, ideologies, rules, imaginations, and human behavior are not considered. The Islamic society is not a place where people calling themselves Muslims reside, where in reality God’s Shari’ a is not the rule, even if its constituents prayed, fasted, and did his pilgrimage [Hajj].”

This way, Qutb prepares the background for the jihadist to come out of society and its ruling elites. The first to isolate themselves from this society would become the vanguard, a group that has the Qur’anic knowledge and will amalgamate into the true Islamic society. He talks to this vanguard by saying: ‘...Our first aim is to change the reality of this society. Our goal is to change the foundations of this Jahiliyya society. This reality collides principally with the Islamic program and imagination. It is a system that leads us to piety. Our first move is to rise above this Jahiliyya society and its values and not to give in our values and imaginations so that a modus vivandi can be reached with it. No. We are on divergent routes with it. If we are put in a situation where we have to coexist with it, we will lose our program and our way.”

The means to achieve this essential change is offensive jihad that aims at “ ...The formation of God’s kingdom on earth, the destruction of the kingdom of humans, taking authority back from those who had taken it by force and returning it to God the almighty. This can’t happen by words alone, because those who had attained authority over people and taken it from God are not ready to give it back through words.”

And since the supreme goal of Islam is the reconstitution of God’s rule on earth, Jihad becomes a necessity because right and wrong can’t coexist on this earth.” Moreover, when Islam announces its rule and frees people from slavery, they will then fight those who have enslaved them. Thus the battle will continue until God is victorious.”

Qutb continues by stating: “...Islam is an announcement for the complete freedom of humans from slavery. It aims at destroying the regimes set forth by the ruling elites and returning it back to God. Therefore, any definition of Islamic jihad as a defensive war against regular enemies is to belittle it and the religion that stands behind it and also its real role on earth.”

Hence, “...Islam is not a theory that works on suppositions. It is a program rooted in reality. Therefore, it is imperative that a new society based on the cognizance of the oneness of God must emerge, and this new society must accept the rule of God on earth. Any other formula of authority is refused. When this society becomes a fact, it will have a real life that needs to be organized and legislated. Only then will Islam assume its real role of organizing and legislating in accordance with the rule of God, and rejecting any other kind of existence.”

2-Al Fareeda Al Gha’iba [The Neglected Duty]

The book “Al Fareeda Al Gha’iba,” which was written by engineer Muhammad Abdul Salam Faraj, the ideologist of the jihadist group that assassinated President Sadat and initiated a wave of terrorist acts against Egyptian state symbols, one of the most important books that jihadist movements used for its membership drives for jihad, the Takfir of the ruling elites, and to change the regime by force. The book includes a series of Fatwas taken from Ibn Teymiyya’s book of Fatwas. It also contains exegesis of Qur’anic verses about battle and the Hadis’ of the prophet that incited Muslims to battle infidels [Kuffar, from the singular Kafir]. The book’s inclination to support itself on Ibn Teymiyya’s Fatwas can be explained by Faraj’s conviction that Muslims today are living a period that is similar to that of the Tatar invasions [the period witnessed by Ibn Teymiyya, who wrote his Fatwas accordingly]. Rhetorically speaking, The Neglected Duty is Jihad.

...It is the rite that Muslim thinkers ignore today, even though they know that it’s the only way to reinvigorate Islam. They know that the oppressors of this world can only be exterminated through the sword, since the prophet himself says: “...I was sent with the sword in my hand so that God is worshiped without any equal. He [God] made my fortitude into my spear, and brought shame and disgrace to those who went against my orders. Whoever acts like these scoundrels is one of them.” In Explaining this Hadis Ibn Rajab says that the God’s uttering of “...I sent the sword” to the prophet means that God send him the sword so that he could announce Al Tawheed [the oneness of God]. Those who didn’t adhere to Al Tawheed, the Qur’an, Al Hijja Wa Al Bayan [adhering to God, praying, and giving alms to the poor] would be wiped by the sword. The prophet talked the oppressors in Mecca by saying: “...Listen to me o the people of Quraysh [the prophet’s own tribe]. Those of you who won’t follow Muhammad by their own will be slaughtered.” It is clear then that the prophet’s saying “...will be slaughtered” did show his people the right way to God in the heart of Mecca and while being surrounded by their pagan, infidel priests.

Faraj Considers the formation of the Islamic state is “a rite that all Muslims should follow, since God has said in the Qur’an that “And I will rule on them with what I revealed to them” [through the prophet, meaning the Qur’an. Surat Al Ma’ida, verse 49]. God also says: “...He who is not governed by what God revealed unto him is an infidel.” [Surat Al Ma’ida, verse 44]. Faraj then summarizes that ‘Muslims don’t live in a Muslim state today, and are not governed by Muslim laws, but rather by laws that infidels had brought forth and forced Muslims to abide by them. After the Caliphate was abolished in 1924 and the uprooting of Islamic law [Shari’a] and replacing it with infidel laws, the Muslims were in a situation like when they were ruled by the Tatars according to the laws of the Yasa [Tatar codex of law], which was first codified under Djengiz Khan, who brought together several caudexes and created his own laws. The Tatars were thus considered infidels that had to be fought until they returned to the laws of God and his prophet.”

And since the rulers of Muslims today resemble the Tatars and are considered to be outside the realm of Islamic Shari’a, Therefore “...Muslims must not help them [rulers], since Islam condones robbing them of their money and makes it a duty of Islam to fight them with the Qur’an and the Sunna. God says in the Qur’an Fight them so that there is no Fitna [commotion or distress] and all of religion returns to God [Surat Al Infal, verse 39].” Faraj then decides that “...one remains an infidel even though he pronounces the first two of a Muslim’s testimonials [Shahadah] but does not carry the banner of jihad. Moreover, it is permitted to kill those who work with or for existing governments, because by doing so they defend infidel governments. Those who die while performing their duties toward such governments will die as infidels, unless they were forced to do so, in which case they will be resurrected in accordance with their true feelings.”

Faraj totally rejects the defensive notion of Jihad in Islam. He insists that “...Islam was propagated by the sword and that the prophet, when asked about jihad for the sake of God said: “He who fought so that God’s word remains the highest is a true follower of God, because It is a duty for Muslims to raise their swords against rulers who cover what’s right and uncover what’s wrong. Otherwise justice will not be served and it will not reach the people.”

Here the author of “The Neglected Duty” brings forth the verse of the sword, which is God’s words: “When the month that forbids you from fighting [Zu Al Hijja and/or Muharram] ends, kill the infidels wherever you find them. Follow their movements closely and surround them” [Surat Al Tawba, verse 5]. Faraj then resorts to Ibn Kasir help in his explanation of this verse by stating that God, through this verse, made it clear that nothing, not even kindness, humanity, peoples’ dignity can force Muslims not to kill infidel enemies.”

Faraj finally insists that it is because Muslims had abandoned jihad they are living in shame and their unity is compromised. He also says that there is no other way for Muslims, but to commit themselves to the rite of jihad, The Neglected Duty that they had forgotten for a long time.

3-Some Observations Regarding Both Books

1.Both books reject the notion of defensive jihad in Islam. They just insist that Jihad in Islam is only offensive and that Islam was propagated by the sword.
2.Both volumes encourage change of regimes through violent coup d’etat. This change involves governments in both Islamic and non Islamic countries. According to both books, all of humanity lives in Jahiliyya and gives no credence to God’s rule [Hakimiyya].

III- Part Two

A- Azharite Schools and Institutions

The Azhar Al Shareef is considered one of the biggest and oldest centers’ of Religious education in the Middle East and the Islamic Word. It started its mission in the year 975 AD and passed through several formations before it reached the condition in which it is today. The below university level educational periods in the Azharite institutions includes the Primary period which spans over six years, the preparatory period (three years), and the Secondary period (three years). The institutes have two directional curricula: Literary and Scientific. This means that aside from the teaching of Shari’a and language, students are also exposed to math, Geography, History, Chemistry, Physics, and Foreign Languages. During the scholastic year 2006-2007 there were 8772 Azharite institutions teaching students in one or more of the above mentioned educational periods, with 56633 semesters of teaching, and a total [mixed, male and female] student body of 1,772, 800.

a-Religious and Language Curriculum in Azharite Institutions:

1-Primary educations spans over a six year period. Students enter at age six. They have to study and memorize 18 sections of the Qur’an, in addition to their Islamic upbringing, Arabic language and handwriting.

2-The preparatory period spans over 3 years. Here students learn and memorize 7 additional sections of the Qur’an and are introduced to Islamic Fiqh, Tawheed, the prophet’s life, reading, writing and grammar.

3-Secondary education also spans over 3 years. Students learn and memorize 5 more sections of the Qur’an, continue being educated in Fiqh, Qur’anic commentary and explanation, the Hadis, grammar, Tawheed, and literature.

C-Analysis of the Azharite Shari’a and Literary Curriculum:

This study will try to analyze the Shari’a and Literary education curriculum at the Azharite institutions’ preparatory and secondary periods, in accordance with the curriculum adopted for the 2006-2007 scholastic year. It includes such subjects as:
Definitions of jihad and battle; relations of Muslims with non Muslims; the credibility of pretensions advocating that such curricula incites hatred and animosity toward non Muslims and are thus regarded as the main reason that direct the Muslim youth and students to adhere to fundamentalist ideas regarding non Muslims in the context of violent jihadist groups that conduct an unwavering war against the United States and ruling regimes in the Arab and Islamic world.


B- The Book of “Al Fiqh Al Muyassar Lil Saff Al Salis Al Idadi” [The Procured
Fiqh for the Third Preparatory Class]

The book contains six major sections: Dealings in Islam; Family rules in Islam; research in limits and punishment; inheritance Shari’a laws in Islam; rules governing jihad in Shari’a; The book contains a number of questions after each section. The importance the book gives to each section [in terms of the number of pages devoted for each] is as follows:

Subject Number of Pages

Family rules in Islam 101
Dealings in Islam 85
Research in Limits and Punishment 56
Inheritance Shari’a Laws in Islam 35
Rules Governing Jihad in Shari’a 14

The section on Jihad contains six primary subjects: Introduction to Jihad; Laws governing Jihad; Evidence Supporting the Legality of Jihad; The Merits of Jihad; The Wisdom and Legality of Jihad; Peace in Islam.

a- Introduction to Jihad

“...The word Jihad in the Arabic language is derived from Juhd [Effort] in terms of the difficulties and effort in achieving something. When it is said ‘jahada fulan jihadan wa mujahada’ it means that he used all his effort and possibilities in order to be able to gain his fortitude, or to excel on others. In the Shari’a Jihad means to spend one’s money and effort to uplift God’s word, and to defend the religion, the self, position, country, and all other aspects of life to be defended against the oppressors and for the benefit of the Mazlumin [those who are wronged against].”

b-Laws Governing Jihad

It is “...the duty of every able Muslim to perform jihad in terms of 1) duty for all and 2) duty for some. The first case is exemplified in a scenario when an enemy attacks the country and the ruler called upon all Muslims to arms in order to defend themselves and their country. In this case each Muslim within the community prepares himself to defend his religion, country, and freedom by using all his abilities. The second is exemplified by the scenario that when such an attack takes place some Muslims do what is demanded of them in the first duty, while some do other important things. If a country is already able to produce an army to defend the land against the enemy and is able to make it withdraw in defeat. This is what God points to when he says: “...Not all the righteous would have to be conscripted as soldiers from each and every section within society according to their doctrines, but rather to inform and warn their people so that they are warned in case of danger. [Surat Al Tawba, verse 123]. This means that not all the righteous have to come out to battle if some of them are enough to defeat the enemy. In such case the righteous could divide into groups. One group would continue its education and teach others in religion or even other venues such as medicine, agriculture, industry, or other, which are important and no nation would go forward without learning them and excelling other nations in them.”

c- Evidence of the Legality of Jihad

“...One of the first evidences regarding the legality of Jihad comes in the form of a Qur’anic verse, where God days: ‘God defends those who believe that he dislikes the traitors and Kafirs [verse 38]. Therefore, he defends those who fight because they were wronged and who confess that God is capable of making them victorious verse 39]. Those who were unjustly ousted from their homes and lands have only to say that God is our Lord, because if God is capable of entrenching two peoples against each other, he is capable to do that. Thus, the people who pray for him in the mosques and acknowledge him as their lord will be victorious, since God empowers his people because he is almighty [Surat Al Hajj, verse 40].” The meaning of these verses is that God, through his power and beneficence, defends his righteous and observant followers and dislikes those who are traitors by nature and betray his blessings. It is for this reason, then, that God permits his true followers who were wronged and unjustly ousted out from their homes and lands by their infidel enemies, to Be victorious in their battle against evil. God’s way is to put his true followers in constant battle against the forces of evil. And even if the forces of evil were at one point able to destroy the homes and the worship places of his true Muslim followers and non Muslims, he will at the end empower his true and just followers because he is stronger than the strongest and more worthy of love than the most lovable. The prophet did remain in Mecca for thirteen years during which they were exposed to all kinds of humility, indignation, and even torture and torment by the elites of Mecca and were even forced to flee from their homes. Therefore, the fact is that these three verses were revealed to the prophet after his Hijra [forceful emigration] from Mecca to Madina with his companions was to become the real reason behind the formation of the first Muslim army that the prophet undertook. He thus formed his army from amongst his true followers who were, like him, ousted from Mecca and thus settled in Madina. The prophet’s aim was to bring together all those who had lost their lands, homes and fortunes, so that they could now defend their religion, freedom, and their physical selves. Thus the first action that this new army undertook, the Badr invasion, which took place on the seventeenth day of the month of Ramadan during the second year of the Hijra, was the first and most glorious victory for the sake of God, since the army of the believers achieved a great victory in the name of God upon their enemies.”

d- The Merits of Jihad

“...There are scores of verses and Hadis in the Qur’an about the merits of jihad for the sake of God. An illustrative one runs as follows: ‘O those who believe, do you want me [the prophet] to lead you to a business that will save you from a painful ordeal’ [Surat Al Saff, verse 10] It follows: ‘You believe in God and his prophet and you struggle [tujahidun] for the sake of God with your selves and fortunes. Your humbleness is good for you, if you really know what is meant.’ [Surat Al Saff, verse 11]. Moreover: ‘O believers, God bought your selves and your fortunes from you by giving you the Garden of Eden, so that you fight and die for it. This is God’s right and it is so written in the Torah, the Bible, and the Qur’an. Those who had sold their possessions to God are to be rejoiced, because that is the greatest of successes” [Surat Al Tawba, verse 111]. As to what concerns the Hadis that are pertinent in this regard, they can be exemplified by the following: ‘Do you want me to speak to you about the best of humans? It is he who mounts his horse and struggles [yujahid] for God’s sake.” Or such as in the case of a second Hadis when the prophet was asked about who was the best human? He answered: ‘The best human is he who believes and struggles for God’s sake with his self and fortune.’ In yet a third Hadis the prophet says: ‘There are one hundred ranks in the Garden of Eden, which god has formulated for those who struggle [mujahidin] for his sake. The difference between two such ranks is the distance between heaven and earth. If you are there ask God about the Firdaws and he will tell you that it is the highest of the garden’s ranks.” Moreover, those who are martyred [Shaheed sing., Shuhada’ pl.] for the sake of keeping God’s word above all others, They must be content and honored with what God says about them in the Qur’an: ‘Don’t ever consider those martyred for the cause of God as dead, since they are living with God [Hadis Al Umran, verse 169], and they are joyous for what God gave them out of his generosity. They enjoy all that God provides for them and they are not sad but await those who will follow them on the same path’ [Hadis Al Umran, verse 170], since they are living in God’s grace and he never leaves his believers without due compensation’ [Hadis Al Umran, verse 171].

e- The Wisdom and Legality of Jihad

“Jihad in Islam was not legislated to attack believers, rob them of their fortunes, deprive them of their dignity, usurp their lands, oppress their freedoms, or to humiliate them. No, Jihad was not legislated in Islam for any of the above unjust reasons. It was legislated to defend the people against aggressors, to right the wrongs committed against those who were maltreated, to glorify the word of God, and to fight infidels and those who lost their Godly ways. God says: ‘Fight for God’s sake against those who are fighting you. However, don’t become aggressors, because God doesn’t love aggressors’ [Surat Al Baqara, verse 190]. This means that you have to fight to glorify justice against those who attack you first. However, don’t attack the peaceful or Muslims, because God doesn’t love aggressors but despises and hates them.

That God legalized Jihad in Islam to glorify Justice and to defend peoples’ dignity, fortune, and country against all enemies can be derived from the following:

1.Islamic Shari’a considers all humans as brothers. They were derived from a single father and mother and God brought them forth so that they can know each other, work with each other in leading pious and not evil lives. God says in this regard: “...O humans, I have created you as males and females and formed peoples and tribes amongst you so that you can know each other. Know that the best among you are those who are the purest and that God knows what is in your hearts” [Surat Al Hajarat, verse 13].

2.Islam doesn’t force anybody to become a Muslim, because religious doctrines can’t be forced, and also because such a move would not create real believers but rather traitors and liars. God says: “...No force can be exerted on a human in announcing his religion, because that has to be done in a mature way and not by deception” [Surat Al Baqara, verse 256].

3.Islam instructs its followers to work and to live piously with each other and the followers of other religions, as long as the latter have not harmed or attacked us [Muslims]. God says: “...God does not allow you to fight those who haven’t harmed you, attacked you, and dispersed you from your homes and lands. You have to consider them as innocent and to help them, because God loves those who help others [Surat Al Mumtahina, verse 8], However, God obliges you to fight those who fight you for the sake of your religion, or disperse you from your homes and lands, because those are the tyrants” [Surat Al Mumtahina, verse 9].

4.Islamic Shari’a has fully acknowledged the rights of a human being and his dignity. Thus, it forbids any intrusion on his self, honor, or fortune, regardless of being a Muslim or not, as long as a human has not committed a punishable act. God says: “...I was generous with humans and gave them authority for what is on land and in the sea. I gave them all food and chose to consider them above all my other creations” [Surat Al Israa’. Verse 70]. Human here means all humans regardless of his religion, sex, race, creed, language, or country. God was generous to all humans as long as a human does not oppress another human or the latter’s rights.

5.Islamic Shari’a obliges its followers to be peaceful with those who are peaceful with them and to pull their weapons only in the face of tyrants and oppressors. God says: “...If they follow peace follow it too and put your faith in God, because he listens and knows everything” [Surat Al Infal, verse 61]. God also says: “...Why aren’t you fighting for my sake when there are hopeless men, women, and children who beseech me to rescue them from the oppressing villages of a village and are asking me to give them a righteous person as their leader” [Surat Al Nisaa’, verse 75].

f- Peace in Islam

Islamic Shari’a honors verbal and written agreements that are attained between Muslims and non Muslims and orders its followers that if there is a truce or accord between them and their enemies regarding or a contract for peaceful existence with individuals Muslims must respect and honor their word, because such are the characteristics of God, his prophets, and all pious people. God says: “He who honors his word [promise] is from God’s fabric” [Surat Al Tawba, verse 111]. He also says regarding his prophet Abraham [Ibrahim in Arabic] “Ibrahim who honored his word” [Surat Al Najm, verse 37]. In complimenting those who remain true to their word God says: “Let us remember those who had the backbone [Surat Al Raad, verse 19] and who always respected and honored their word and never rejected a treaty or constitution” [Surat Al Raad, verse 20]. God also says: “If a gentile became your neighbor, be a good neighbor to him, so that he also heeds to God’s word. Tell him also that he is safe, because they are a people who don’t know” [Surat Al Tawba, verse 6]. The important ting is that according to Islamic Shari’a Muslims make peace with those who want to peacefully coexist with them. It only orders its followers to fight those who attack their doctrines, countries, honor, dignity, freedom, and fortunes. In A Hadis the prophet says: “He who dies for his fortune, religion, and family is a martyr.” Peace is the origin in Islamic Shari’a, while war, which the Shari’a condones only in special circumstances, is for the defense of religion, country, the self, fortune, honor, freedom, human dignity, the wronged, justice to prevail, evil to be defeated, , peace and tranquility to be spread, and for people to help each other and live pious lives. How can peace, coexistence, and helping each other can’t be fundamental principles in Islam when peace is a name and an adjective used for God in many Qur’anic verses, such as: ‘He is the God that there is no other except him. He is the sacred king, the peaceful, the believer, the omni present, the loved, and the great. Praise be to him for all that we have’ [Surat Al Hushr, verse 23].

It is also noteworthy that as with other monotheistic religions, Muslims great each other with the word peace [Salam], which is the real knot that ties a human with his fellow humans. Thus, when greeting a Muslim or a non Muslim, a Muslim says “May Peace and God’s Blessings Be upon You.” In the Hadis the prophet says: “God made the word ‘peace’ the greeting of our people and a safe haven for non Muslims” [Ahl Ul Zimma, Christians and Jews]. It is the duty of every Muslim, while praying, to say peace upon his prophet, to himself, and to all God loving believers. Thus, he says: “Peace be upon you O prophet and may God’s blessings be upon you. He then ends his prayer by uttering the same “Peace be upon us and you and God’s blessings be upon you” unto his right and left sides.” Peace and safety are also the greetings by which God will address his followers on Judgment Day. God says: “On that they my greeting to them will be Peace and I will prepare a good place for them” [Surat Al Ahzab, verse 44]. So will the angels address the believers with the word peace on that day by saying: “Peace be upon you for being so patient. You now deserve to be in God’s home” [Surat Al Raad, verse 24]. Thus we find that peace, safety, and content are the basis of Islamic Shari’a. Moreover, the word Islam in itself is a derivative of Peace [Salam]. We end our analysis of peace in Islam here by reciting the following prayer: “God you are peace and peace is from you. Peace will always return to you. Greet us o lord with peace and uproot from among us hatred, aversion, and animosity.”

g- Section questions

1-Define Jihad and name its laws and evidence of its legality.
2-What is the wisdom and Legal base of Jihad?
3-Islam advocates peace. So when does it advocate Jihad?

h- Notes Regarding the Book and the Jihad Section

1-The Jihad section contains the least number of pages in the book. There is a great difference in the number of pages between Jihad and the two major sections about Family Law and Dealings in Islam.

2-The wisdom behind the legality of Islam clarifies that the book is inclined toward the idea that defensive jihad is the base and this principle is strengthened by several examples derived from Qur’anic verses and prophet’s Hadis.

3-Aside from the fact that Jihad is a defensive tool in Islam, it is also the exception to the rule and has no base whatsoever in a Muslim’s relations with non Muslims, which is governed by peace.

4-The section does not refer to jihad as a means to change regimes that do not rule according to Islamic Shari’a.

C- Kitab Al Rawd Al Murbeh Bisharh Zad Al Mustanqah Mukhtasar Al
Muqannah Al Muqarrar ‘Ala Tullab Al Marhala Al Sanawiyyah [The Book of
the Murbeh Garden With an Explanation of Important Themes and a
Summation of Persuasion for Students in Secondary Schools].

This is the book that has been decided for the course on Islamic jurisprudence for students of Hanbali persuasion in the first, second, and third classes in Azharite institutions. It was composed in 1622 and contains 477 pages. The book contains thirty chapters dealing with the following themes: Purity, Prayer, Funerals, Alms (Al Zukat), Fasting, Pilgrimages, Jihad, Selling, Charity, Commandments, Religious Rights, Ownership of Slaves, Marriage, Divorce, Devolution, Clothing, Swearing, The Book of Numbers [in the Old Testament of the Bible], Expenditures, Criminal Acts, Dowries, Borders, Foods, Hunting, Faith, Sacrifice, Justice, Acceptance (of God), and Deciding. As to the weight that each theme occupies it becomes apparent from the number of pages devoted to it in the aforementioned textbook:


Subject Number of pages

Purity 35
Prayer 71
Funerals 15
Alms [Al Zukat] 19
Fasting 13
Pilgrimage 29
Jihad 06
Selling 92
Charity 10
Commandments 07
Religious Rites 20
Ownership [of Slaves] 02
Marriage 28
Divorce 20
Separation 02
Clothing 03
Swearing 03
The Book of Numbers [Old Testament] 07
Breast Feeding 02
Expenditures [Alimony] 09
Sins 08
Dowries 10
Sexual Affairs 13
Food 02
Hunting 02
Faith 01
Covenants 07
Justice and Punishment 09
Testimony 06
Acceptance [oneness of God] 03

a- The “Other” in Muslim Society According to the Textbook “Al Rawd Al
Murbeh”

1-The People of the Book [Ahl Ul Kitab in Arabic, meaning Jews and Christians]

The relationship between Muslims and the People of the Book is arranged through a contract with the culpable [Ahl Al Zimma in Arabic]. There is a Hadis [Qur’anic chapter] about this contract titled “The Culpable and Laws Governing them,” which states that:

...culpability is the language of the day and it offers a guarantee and security. The meaning of this contract derives from the understanding that the people of the book acknowledge their culpability on the condition that they pay the Jizya (special tax imposed upon them) and accept the laws that govern their societies and their forbears. On this subject God has said “until they pay the Jizya by their own hand and while they are in a hearing.” There can’t be a contract or it is not desirable to conclude one with people other than Zoroastrians [fire worshipers, an old Persian religion] who, it is said, had a book that was sublimated and thus they became known through it and “since the prophet accepted the Jizya from the Zoroastrians and the inhabitants of Hagar,” about whom Bukhari speaks by quoting Abdul Rahman Bin Auf, as well as all the sects existing within the Jews and Christians. It is also said that whoever follows them [the latter] and accepts one or the other as did the people of Samara [A Christian city in Mesopotamia], the Europeans, and the Sa’iba [a religion whose followers still live in today’s Iraq and worship John the Baptist], since God mentions them as “those who got the [Holy] Book before you [Muslims]. Moreover, the aforementioned contract can only be signed by an Imam [Muslim Cleric] or his agent, because it is signed for eternity. This contract implies payment of tax for kids every year in lieu of killing them and as a reason for giving them the possibility of living within Muslims. The tax is only imposed on children. Others, such as women, the mentally impaired, blind and old people, hermaphrodites, slaves, the poor who can’t afford it are exempt from it. The tax is also due on those people of the book who converted to Islam until such time as observed through certain bookkeeping rules. When they pay the tax it must be accepted and their killing as well as dispossessing them of their own money or harming them in any way is forbidden [Haram in Arabic], unless they live in the “House of War” [Dar Al Harb in Arabic, meaning geographic areas not yet under Muslim rule]. Converts to Islam are exempt from the Jizya in accordance with God’s saying “and they must be in a hearing, and sending it back is not acceptable.

As to what concerns the rules and laws that govern Ahl Ul Zimma the book says:

...It is the duty of the Imam to take them under his protection in such matters that Islam has legislated such as safety of the self, fortune, honor and dignity. They must also be advised that there are limits to be respected and no Haram such as prostitution and drinking wine can be tolerated. In other words, the contract for the preservation of the Ahl Ul Zimma must be met by both sides and must conform to Islamic laws. In this regard Ibn Umar tells: “The prophet brought in two Jews who had undermined the law and he ordered them to be stoned.” And since the non Muslims must be distinguished from Muslims, so it is that they must not be buried in Muslim cemeteries. Further, they are not allowed to have a headdress like the one Muslims wear. They must not use bathrooms used by Muslims. They can’t mount horses, but rather donkeys and mules that have no mounting pieces attached. They can’t sit down with Muslims in meetings and it is forbidden for Muslims to serve them or to greet them with ‘Peace...’ or ask them about how they are in any social environment. They are also forbidden from building new churches or from buying any place of prayer in our lands. They also can’t rebuild their destroyed churches even if the churches were destroyed by wronging them. They can’t build homes that rise higher than those of the Muslims and if such a case appears that building must be destroyed. They must not show their wine and pork. They can’t overtly read their [holy] book in a high pitch even during burial ceremonies. They can’t show food during the month of Ramadan [month of Muslim fasting]. And if they are entitled to any tribute or dividends in their lands, which is allowed for them.

The book also mentions some other laws that explain the way Ahl Ul Kitab participate in Muslim society. One such rule clarifies their participation in the Prayer of Al Istisqa’ where the book says that “if the Ahl Ul Zimma go out alone, without Muslims with them to meet in some place, be careful that they are preparing a Fitna [disorder] that would specially be acute for those Muslims who had oppressed them. Moreover, if the day they go alone coincides on a rainy day, then be sure that their Fitna is going to be even more destructive and they may employ the help of others. Be aware also that their seclusion is not for the erroneous reason going to their own work.”

As to what concerns the issue of the marriage of a Muslim to a woman there is a difference if the woman is a Muslim or not. In this regard, the book says: “The Muslim woman deserves inheritance in case her husband dies, and alimony in case she is divorced by her husband. However, if the wife is a Zummiyya [feminine for Zimmi, from Ahl Ul Zimma] she deserves only alimony and not any inheritance, because she is a foreigner and can remarry.”

The Muslim husband of a Zummiyya can obstruct her from entering a church or drinking all that might make her drunk. However, she is free not to fast with him and to pray separately.”

As to what concerns the washing of the dead the book indicates that “each of the spouses should wash the other, unless if the wife is a Zummiyya.”

“And if a Zummiyya who is pregnant from a Muslim dies, her husband, if possible, should bury her being alone, by placing her body on its left side, with the back of the body oriented toward Al Qubla” [Direction Muslims orient themselves for prayer. It was first in Jerusalem, but after the prophet’s Hijra to Al Madina it became the Kaaba].

2- Non Muslims in General

From among the rules and laws that govern non Muslims is this from the section on crimes: The third condition of equality between the killer and his victim has noting to do in terms of religion, freedom, and [property] ownership, and slavery. This means that both of them are looked upon equally. This also implies that a Muslim must not kill a free person. However, A Muslim is not punished by death for killing a Kafir. This was told by Al Bukhari and Abu Dawud, who also mention that a free person is not punished by death for killing a slave, which is also mentioned in a Hadis by Ahmad on Ali who, on the other hand, also stresses that “a free person is not punished by death for killing a slave. Thus, A free person is not punished by death for killing despicable person, or a slave owner for killing a slave of his, even if the values attached to each of the killed above is different.”

In the section on “punishment without death” it must also be noted that there is no death punishment for “a Muslim killing a Kafir, a free person killing a slave, a father killing his own son. These are cases where both parties are not equal before the law.”

As to what concerns the actual price of a non Muslim, the book says that “Their [non Muslims] worth [price] is half that of a Muslim. Amru Bin Shu’aib presents this as something that has come to him from his father who had gotten it from his father: The prophet decided that the mind of a member of Ahl Ul Kitab is half of a Muslim’s mind. On the other hand, “the worth of a pagan or Zoroastrian is worth 800 Dirham [Arabic monetary instrument].” Also, it is said, that Umar, Usman, and Ibn Mas’ud “that the worth of the women of Ahl Ul Kitab, pagans, and Zoroastrians is half that of a [their] males, as is the case with Muslim women.”

Concerning the issue of cutting the hand of thieves the book mentions: “There are six conditions for cutting the hand of a thief: The stolen money must be of pure origin, and that one can steal the money of a warlike person. Also, no hand cutting is involved for the thievery of a amusement apparatus, or something as dangerous as wine, a cross, a pot or any container filled with wine, water or any container filled with water, written parchments, a mother, a Qur’an, a free person even if he was a scoundrel.”

On the other hand, only Muslims were able to act as witnesses in courts. Thus, “A Kafir could not be a witness in a court even in a case solely involving a Kafir, unless he is there to be a witness for the will of a Muslim or a Kafir. In such a case, the testimony of two Zimmis would suffice, if there are no others to be witnesses thereof. As for those who were apt to take over the position of a judge, only Muslims are allowed to be considered, ‘because Islam is a condition of justice’”.

The book, “Funerals” mentions that: “It is forbidden for a Muslim to wash a Kafir, carry him/her or to cloth him/her [Kufn, Kafn (v.) is the white cloth that Muslims use in burial ceremonies instead of a coffin], or even to follow such a procession.” As to the issue of visiting a burial site, the book says that “a Kafir’s burial site can be visited [by Muslims].” Moreover, “if the dead didn’t possess enough money to be paid for his Kafn, or a husband can’t pay for the Kafn and the other burial expenses for his wife, which is acceptable. And even if the husband can afford his wife’s Kafn and burial expenses, he is not obligated to do that, since the marriage is dissolved with her death, because by definition he is obligated only if he can enjoy or get pleasure out of her. And since that enjoyment or pleasure was cut short because of the wife’s death, therefore he is not obligated. Finally, if a dead person needs to be buried, then the expenses can come out of the Beyt Ul mal [literally Home of Money, meaning the ruler’s coffers] if he was a Muslim, or, in the case of a non Muslim, from other Muslims who know that he could not have paid for such expenses.”

The marriage of non Muslims is regulated by:

...The same rules governing the marriage of a Muslim. The same applies also to issues such as the health of the woman, her divorce, chastity, adultery and prostitution, dowry, alimony, and separation. Moreover, Zimmis are forbidden to marry those women who are forbidden for Muslims. However, they have the right to decide what to do with he who has spoiled the woman and the marriage if they have such laws that govern this aspect. If there is no law in their religion that governs this aspect then they also have the right in not to pursue the matter, because they didn’t come to us for advice. The prophet took the Jizya [tax for non Muslims] from a Zoroastrian who left his wife and he didn’t object to the remarriage of the Zoroastrian, even though he knew that they, unlike Muslims, allow marrying a woman that is considered unsuitable in our religion. Therefore, if they come to us for such a marriage, we conclude it in accordance to our laws by asking both the man and the woman to answer the question if they both agree to it, and this happens in the presence of a sponsoring person [usually the father or a close relative to the bride] and with the presence of two witnesses. God has said: If you apply the low on them do it with justice and equality. And if it so happens that this married couple later become Muslim, then their previous marriage is considered legal, continuous, and binding, as long as it had met the conditions of acceptance from both parties, sponsored by a trustworthy member of the community, and witnessed by two credible witnesses. It must be noted, however, that other aspects must be checked such as if the dowry is not paid with things that are forbidden in Islam such as pork and wine. In such a case the dowry must be changed, since no Muslim woman can accept a dowry that is not legal according to Muslim laws.

If a bastard wants to become a Muslim, the book says: “He is a Muslim if he lives in a Muslim territory, even if that territory is occupied by non Muslims. However, if he lives in a non Muslim territory, where no Muslims live, then he is considered a Kafir.”

The sponsor is a very important element of a marriage and no marriage can be binding without his presence. However, “a kafir can’t act as a sponsor to a Muslim lady, and a Christian can’t act as one for a Zoroastrian lady, since they are not from the same creed, unless she is a mother of a Kafir son, or A Kafir mother to a Muslim son. The ruler acts as a sponsor in marrying those Zummiyya’s who don’t have sponsors. It is also forbidden for a Kafir to marry a Muslim woman, or a Muslim man [even if he is a slave] to marry a Kafir woman.”

3-Those Who are Unsure or Want to Turn Away From Marriage

The book describes the unsure as “someone turning away from his promise to marry.” God says: “Don’t turn away from such promises.” Moreover, a Muslim who becomes a Kafir by his words and deeds, or suspects God, is not loved by him, because “God doesn’t love those who suspect him, his judgments, godliness, oneness, characteristics, prophets [all those mentioned in the Qur’an. God also is angry toward those who swear at him, his prophets, all other prophets, or those who proclaim prophecy. Those become Kafirs. Also, he who engages in prostitution, adultery, or uses the forbidden [like wine] becomes a Kafir. Moreover, he who rules other Muslims but does not apply the laws of God is considered a Kafir too.”

As to the laws governing those who defect from Islam the book states that according to Umar:

...He who defects from God and Islam for three days, is imprisoned, fed bread and his thirst is quenched by water, so that he realizes his sin and comes back to Islam, if he/she comes to his/her senses [according to Malik] he/she must be forgiven, but if he/she does not, he/she must be killed by the sword and not by fire, since the prophet says: He who defects from his religion kill him by the sword and not by fire, which is the punishment of God.” This punishment of death is carried by the Imam or his agent [according to Al Bukhari and Abi Dawud. He who swears at God and his prophet are not forgiven on this earth. Forgiveness is also not granted to those who adhere superficially to Islam but continue to be Kafirs at heart. In fact such people must be killed, because they are not true believers and the evil in their mind and soul is revealed. Even in such cases the three day grace period applies, as is passed down by the Hadis of Ibn Mas’ud, which states: “The prophet entered a church and saw that a Jew was reading to them from the Torah. But when he spoke about the characteristics of the prophet and his people, he said ‘there is no God but God and Muhammad is his prophet [the Shahadah]’, and the prophet was pleased with him and he said: ‘protect your brother.’ According to Ahmad, He who speaks foul against Islam and his prophet must be dealt with according to the law of God. He who wants to join Islam must do so through the Shahadah. And if a Kafir says: I am a Muslim, or I believe in Islam, He becomes a Muslim. And if a Kafir says that Muhammad is the prophet of God, however he does not announce the complete Shahadah, he will not be considered a Muslim, until he announces the complete Shahadah, especially what cancers the oneness of God. The defector is not allowed to spend or deal with his fortune. However, if he returns to Islam, he is able to regain his fortune and to pay debts and to spend on his and his family’s expenses from his fortune. However, if he keeps on defying he must be killed. Moreover, a witch who flies on a broom is considered a Kafir. However, A priest, astronomer, diviner, or a fortune-teller, are not considered in this category. The Criminal section concludes by stating that there are four conditions for punishment: That the blood of a victim is not shed in vane. So if a Muslim kills a foreign soldier, a Zimmi, or any other person, and he was able to prove them as sinners in a hearing with his ruler, he must not be punished or fined, even if whom he killed equals him in religion and stature.

b-Jihad

According to the book, Jihad is defined as “...The source of Mujahid [sing. For Mujahidin, Mujahidun] who is at a suitable age. By law that would an age when he is able to fight Kafirs.”

Laws governing Jihad are:

...It is a duty that has to be fulfilled. If it is practiced by some believers and it is enough then that’s acceptable, otherwise all believers would have been considered as sinned. Furthermore, those who want to practice it must be examined to see if they can practice it. The best volunteer is he who can also pay his own expenses for jihad. Moreover, the volunteer must fight if there is a battle, or his country is attacked while he is in the duty of jihad. A volunteer must even listen to his Imam if the latter needs him for this duty. God says: ‘If you find an enemy then prove to him that you are in the duty of jihad.’ Or ‘what’s the matter with you? Why are you remaining in your place when you are told to attack in the name of God?’ Moreover, if men are called to prayer none should be late without an important excuse.’ The duty for jihad is for forty days. The prophet announced that: ‘The call for jihad duty [Al Rabat] is for forty days],’ which was told to us by Abu Al Sheikh in the ‘Book of Recompense.’ Jihad is called upon to strengthen Muslims. The least amount one can be called to this duty is for an hour and the best are those Muslims that defy the enemy in the hardest of positions. Still, a true Muslim must not take his Muslim parents [or even if one of the parents is Muslim] to a hideout, but must go to battle after they [parents] bless him, as is said by Al Turmuzy. However, the blessing of the parents and grand parents is not considered a condition for jihad. Also, if one is burdened with a debt to another Muslim he must first ask permission from the debtor to satisfy the call of jihad.

According to the book the duties of an Imam in the case of jihad are:

...to see that his army of men are prepared. He then orders those who are not ready or do not have the proper horse to fall back. He must also seek those who are afraid and make them fall back too. The Imam must also be wise enough to make those who are not true to their heart or those who might create commotion in the ranks to fall behind. He must then tell his men all the information that he has gathered about the enemy through his scouts. This he does as soon as the army is in enemy territory. This is told to us by Abu Dawud, which he has taken from a Hadis of Habib Bin Muslima, who said: ‘I saw the prophet leading his army.’ The soldiers must be loyal to their leader and to God, since the prophet has said: ‘Obey God and obey his prophet and those who are in the position of leading you.’ Soldiers can’t attack without the order of their leader, unless they are attacked without such an order being given to them, in which case they can attack without such orders.

As to the laws that govern jihad, spoils of war, Jizya and Kharaj [two taxes levied on non Muslims] the book says:

...It is possible to imprison Kafirs in a home and to throw them with a catapult [Manjaniq], even if that causes the death of a youngster. However, the killing of a boy, a woman, an androgyny, a monk, or an old or a blind man is forbidden, because they did not have any idea in the battle and they did not battle you. And if one of the Kafir parents of an underage boy becomes a Muslim, then he [underage boy] is considered a Muslim and is even allowed to take part of the booty that was gathered in the land that he lives in. As to what concerns the division of the booty, that is solved by Umar’s saying that ‘the booty belongs to those who were in the battle and were eyewitnesses when the booty was taken.’ Here Umar speaks about the division of the booty and says that the Imam [leader] of the army must take out one fifth of the booty and divide it into five parts: 1) One part for God and 2) another to his prophet. 3) Another part to Bani Hashim and Bani Abdul Muttalib [Arab tribes] to be divided among their rich and poor. 4) another part for orphans and 5) another for the poor. As to the rest of the booty, it’s four fifths in value, is divided among the soldiers according to the following formula: a decided part for the foot soldier and three times that portion to a knight [one portion for him and two portions for his horse]. However, those nights that do not mount an Arabian mare are given only one portion.’ Ibn Al Munzir speaks thus about the division of the spoils of war: ‘The prophet said that the Imam must divide his army into two and let each carry the spoils of war it collected to the lands of Islam.’ On the other hand, Ibn Jabir says that ‘if Muslims attack a land belonging to Dar Ul Harb [non Muslim land] and occupied it, the inhabitants there are brought under Muslim rule and must pay taxes [Kharaj, Jizya, etc.] from then on an annual basis, as did Umar [the second Caliph] after the prophet] when he occupied Bilad Ul Sham [Greater Syria], Iraq, and Misr [Egypt]. The Kharaj and Jizya are taxes that must be levied in accordance with the times and the economic situation in the occupied territories. Also, they might change in accordance to the number of Muslims who start inhabiting those lands. However, what Umar did in this regard remain as a principle and must be obeyed.

As to what concerns the laws governing a prisoner of war [Asir] the book says: “if the Zimmi breaks the new accord that his Muslim rulers put upon him and according to which he pays the Jizya and the Kharaj for his protection, then he is not to be blamed. However, if he fights us [Muslims], kills a Muslim, adulterates and prostitutes, spies on Muslims or protects a spy, and speaks shamefully about God or his prophet, then the accord with him is null [but not with his women and children], and the imam can deal with him as a prisoner of war and can even enslave him. However, if he then repents and accepts Islam, he can’t be killed.”

1- Battling the “Bughat”

The book defines the Bughat [sing. Baghi] as “...those who are ignorant, tyrants, and do not maintain justice. This means that when a people have problems with the rule of the Imam and they [the people] contain Bughat within their ranks, the Imam must ask them what issues of his rule they consider as rude and tyrannical. If it comes out that there are really issues that the Imam had not noticed and he corrects his ways, they must return to be ruled under Islam. However, if they still continue in their defiance than these Bughat must be dealt with. However, they can’t be punished by fire or by being thrown by a catapult, so that neither they nor their offspring are wiped out. However, those of them that are taken as prisoners of war must be imprisoned so that they can’t declare war again.”

2- Notes About the Book and the Sections on Jihad and Relations with Non Muslims

1-The portion that the book devotes to Jihad is one of the least in the number of pages. It gives much more value for laws governing business, prayer, and religious rites and ceremonies.

2-Contrary to current laws that are built on equality and criminalize all kinds of discrimination that are based on racial, ethnic, religious, sexual, political or non political opinions and views, It can be said that according to this book the best legal condition is given to the male Muslim to the detriment of a non Muslim [Zimmi or Kafir]. This leads us to state that the curriculum this book follows creates a sectarian atmosphere, which robes non Muslims from many of their rights. There are many examples about this in the book, such as the laws governing Jizya and Kharaj, marriage, the Shahadah, courts, etc.

3-Ahl Ul Zimma [Christians and Jews] have better rights and less obligations then non Muslims in general.

4-The book brings forth a multitude of laws governing slaves and slavery, thus giving weight to a historical period in Islam that has long since gone into oblivion. Thus we can say that this portion of the book is for historical purposes and nothing more.

5-The book also is in defiance with modern international accords and even Islamic research regarding basic individual freedoms, such as choosing one’s faith or religion. This was demonstrated in the section about apostates and their repentance.

6-The details and the specifics of jihad, spoils of war, and Jizya and Kharaj which the book entertains are contrary to the spirit of the times we live in. It reflects only the situations that were in force pertaining to the historical epoch the book was written in. Thus, we can easily denote them as historical Fiqh.

7-Even though the books deals with many details about Jihad and the relations of Muslims with non Muslims, It does not give a clear explanation about the wisdom behind such laws that it espouses.

8-The book does not endorse offensive Jihad and the issues pertaining to fighting to change rulers [Imams] or regimes by force.

9-Teaching students’ jurisprudence of laws that are at least 400 years old without any review or modernization of the material build in them a tendency toward the old ways where nothing could be changed or modernized. This is a negative aspect, since instead of growing young minds on modern notions; the book does the exact opposite. This also underestimates their creative minds, which is the most important thing that Muslim societies need today in order to keep pace with the world.

10-The complex vocabulary that the book uses in general, and especially for the sections about Jihad and non Muslims are not in use today. This makes it even harder—if not impossible—for students to understand the meaning of these sections and compare them with today’s reality. Thus the best of them will just memorize and recite them without understanding what they are saying.

D- Kitab Fath Al Mubdi Bisharh Mukhtasar Al Zubaydi [The Book of Mubdi’s
Fath That’s Explained By Zubaydi’s Summary for Students in Secondary
Schools]

This is the book that is used for teaching the prophet’s Hadis, meaning what the prophet said about certain issues [not included in the Qur’an]. It is intended for the first, second, and third secondary classes. The book is taught in three parts. The author died in 1801. The Hadis are divided into [see the contents of the book below:

Subject Number of Hadis

Inspiration [Al Wahi] 1
Faith [Al Iman] 16
Ablutions [Al Wudu’] 3
Washing For Prayer [Al Ghasl] 1
When There Is No Water [Al Tayamum] 1
Prayer [Al Salat] 16
Times of Prayer [Mawaqeet Al Salat] 8
Funerals [Al Jana’iz] 6
Pilgrimage [Al Hajj] 2
Fasting [Al Sawm] 8
Tyrannies [Al Mazalim] 3
Seeing the Moon {Al ‘Utq] 1
Testimonies [Al Shahadaat] 1
Good Manners [Al Manaqib] 4
Literature [Al Adab] 7
Education [Al ‘Ilm] 2
Reciting [Al Azaan] 10
Alms Giving [Al Zukat] 6
The Lesser Pilgrimage [Al Umra] 2
Penalty of Hunting [Jazaa’ Al Sayd] 1
Business [Al Buyuh] 7
Agriculture 1
Sickness [Al Marad] 2
Foods [Al At’ima] 2
Menstruation [Al Hayd] 2
Medicine 3
The Creation [Bid’ Al Khulq] 15
Jihad [Al Jihad] 6
Borrowing [Al Istiqrad] 2
The Commandments [Al Wasaya] 1
Interpreting the Qur’an [Tafsir Al Qur’an] 9
The Merits of the Qur’an [Fada’il Al Qur’an] 4
Limits [Al Hudud] 2
Dowries [Al Diyya] 2
Expressing Oneself [Al Taabir] 2
Partnership [Al Shirka] 1
Grants [Al Hiba] 1
Conditions [Al Shurut] 1
Marriage [Al Nikah] 4
Excusing Oneself [Al Isti’zan] 3
Laws [Al Ahkam] 1
Oneness of God [Al Tawheed] 3

It must be noted that the number of Hadis for each subjects denotes the weight that the author has given to that subject.

a-The Hadis on Jihad

There are six Hadis about Jihad in the book. Five of them are in the second part and one in the third part.

In the first Hadis about jihad it is said “...that Abi Harira said: A man came to the prophet and said: Show me the way to be just in Jihad. He [the prophet] said: I don’t know the way. If a Mujahid comes out [for Jihad] are you able to enter your mosque and not languish, and then fast and don’t eat when the daily fasting is over? The man answered him: Who can do that?”

The explanation of this Hadis is that a man came to the prophet and asked him to show him a work that is equal to Jihad and the prophet told him he couldn’t find a deed that is equal to Jihad and then he added that If a Mujahid comes out [for Jihad] are you able to enter your mosque and not languish, and then fast and don’t eat when the daily fasting is over? The man answered him: Nobody can do that?”

In the second Hadis Abu Musa says: “A man came to the prophet and asked: The man fights for the spoils of war. Another is fighting to be remembered, while a third is fighting for his own courage and prestige. Which one of them is fighting for God? The prophet answered: He who fights for God so that God’s word is honored.”

The book explains this Hadis as follows: “A man came to the prophet and asked: The man fights for the spoils of war. Another is fighting to be remembered, while a third is fighting for his own courage and prestige. Which one of them is fighting for God? The prophet answered: He who fights for Tawheed so that God’s word is honored, and not the ones’ who fought for their own purposes.”

The third Hadis about Jihad is brought by Abu Harira, where he says: “The prophet said: He who hides a mare for the sake of God and having faith in God, his soul will be on the panes of the balance on Judgment day.” The explanation: “When a person honors himself because of his faith in God and in following the Almighty’s orders, then whatever he eats and drinks will be considered right on his Judgment Day.”

On the other hand, the Hadis that Sahl Bin Sa’idi tells is as follows: “The prophet of God said: Giving a day for the sake of God is better than the entire world and whatever is over it. Moreover, if one’s whip works for God, it’s better than the entire world. And the slave’s working for the sake of God is better than the entire world and whatever is over it.”

The explanation of this Hadis: “Coming out for Jihad and fighting to protect Muslim lands is better than the luxuries of the whole world, which are timely, as opposed to the eternity of the Garden of Eden [Al Janna in Islam]. Moreover, the whip that is used to mount the horse and it’s rider to Jihad is better on Judgment Day than owning the whole world. And finally, A man walking for Jihad the whole day from dusk until down is still better than the entire world and whatever is over it.”

In the Hadis told by Abdullah Bin Amru the prophet says: “He who kills one who is in accord with us will not know the real odor of the Garden of Eden. Thus, he must wait for forty years to be able to do that.”
The book explains this Hadis by stating: ‘He who unjustly kills a Zimmi will not be able to know the real odor of the Garden of Eden as other believers, who have not committed such a crime, know. The forty years period denotes the section of one’s life, where he is able mature and repent for his previous sins. The general meaning of the Hadis is that the killing of a Zimmi is considered a faithful sin that forbids one from entering Heaven.”

The sixth Hadis about Jihad is also brought by Abu Harira, where he says: “The prophet of God said [to his enemies]: I sent to you all. I became victorious by instituting fear into your hearts. And while I was asleep the coffers of the world and their keys were put in my hands.”

The explanation of this Hadis is: “The word all denotes words and laws. The prophet usually spoke scantily. Thus there were lots of meanings in so few words. What he [the prophet wanted to say was that he was able to be victorious on his enemies by instilling fear amongst them. And since his God had promised him the treasures of Khosro [the famous Persian king and Cesar [Julius Cesar], that promise was given after the prophet’s death, when Muslims conquered many lands and confiscated their treasures.”

b-Notes Regarding the Book and the Hadis’ About Jihad

1.The book gives more weight to the prophet’s Hadis’ about faith, prayer, and the Story of Creation, while it devotes much less weight [in terms of number of pages] to the Hadis’ on Jihad.

2.The Hadis’ about Jihad do not incite attacks against Kuffar [pl. of Kafir] and Ahl Ul Zimma. It speaks about the merits of Jihad in general. It must be noted that in one Hadis the prophet states that a Muslim who unjustly kills a Zimmi will not enter Heaven.

3.There is nothing inciting hatred toward non Muslims in the Hadis’ about Jihad.

E- Kitab Al Mutalaa’ Wa Al Nusus [Reading Book of Texts for the Second
Preparatory Class]

This is a reading and a literature book that was authored in 1976. It contains 201 pages. 69 subjects, most of them literary in nature, are discussed. There is only one three page subject about Jihad with the heading “The Greater Jihad.”

a-The Jihad Lesson

Greater Jihad means the jihad for the purification of the soul. The lesson indicates a Hadis of the prophet where he says: “There are three issues that require piety and faith: Having good manners when living among people, God fearing attitude toward the forbidden, and a mind to be used against ignorance.”

The book explains this Hadis as follows: The characteristics of the faithful are important to continue one’s journey in faith and piety. If he follows these characteristics one will strengthen his/her faith and lead a better life. The first of these characteristics is good manners, which attracts people toward the faithful. This will lead people to interact with the faithful and want to know him better and be affected by him/her, because they see a role model in him/her for them to emulate. The second characteristic is to fear God so that one is not attracted to sin, the forbidden, and criminal activity. The third characteristic is having a strong and unshakable mind so that one can think for himself/herself and doesn’t get affected by the idiocy of the ignorant.”

However, these are not characteristics that can be easily acquired and maintained. They are the product of a long-term cure, which heal the soul. Moreover, the cure process in itself is a form of Jihad that builds a good character. The prophet indicated this when he said: “The Jihad of the soul is greater and more difficult than Jihad against the enemies. After returning from battle, he [the prophet] also said this to his companions: You returned from the Lesser Jihad to the Greater Jihad. He then explained to them that the Greater Jihad is the battle to purify the soul, because Jihad against enemies—however arduous it may be—is only temporary and belongs to a certain time and place, while Greater Jihad, that is the Jihad to purify the soul, is present at all times and in all places, since the soul is always affected by its desires.”

b-Questions About the Lesson

Why is the jihad of the soul greater and more difficult than Jihad against enemies?
What are the means of the Jihad of the soul?

c-Notes about the lesson

1.The lesson is interested with the issue of reforming the soul. It quotes a Hadis of the prophet where the latter considers the Jihad for the souls greater and more difficult than Jihad toward enemies. This is a very important indication, because it brings Jihad away from its traditional understanding of battle. Our societies are in dire need of understanding this aspect of Jihad, especially in the modern age we live in.

2.The language the book is written in is a straight forward and flexible one. It is also contemporary, what makes it easier for the student to understand and comprehend the subject and to work according to the lesson’s teachings.

F- The Reading Book for the Third Secondary Class

The book contains 157 pages. It was printed in 1978 and contains 32 lessons. There is only one lesson about Jihad and another about the legality of battle. Both lessons together occupy 12 pages in the book.

a-The Jihad Lesson

The book defines Jihad as “...derived from the word Jahed, from Jahd, meaning to tire oneself. This implies that a Mujahid [he who performs Jihad] has to put all his effort into the process. It includes battling enemies and Kafirs for the victory of Islam.”

According to the lesson there are four kinds of Jihad:

The Jihad of the soul against the Devil, which can be achieved by fighting the passions of the soul and imprisoning them. This is what the prophet alluded to after the Tubuk Battle, when he said to his companions: We returned from the Lesser Jihad to undertake the Greater Jihad.”

The second form is “...to battle Kafirs. This can be achieved through the body, fortune, the hand, the tongue, and the heart. He who can’t bear arms let him work with his hands and serve the soldiers. If one has money and can’t fight, let him give his money to buy arms. He, who is excused and has no money, let him fight with his tongue to incriminate the Kafirs. He, who can’t do any of the above, let him do anything positive at his workplace, so that he helps his society.”

This second form of jihad can be either: Fard ‘Ayn, meaning that a Muslim must fight if his country and family are attacked by Kafirs and his Imam calls upon him to fight. Even women must participate in this Jihad. She can go out to fight this kind of war without permission from her husband. The prophet has said in this regard: Sell all your property and fight with your money and body for the sake of God. This is for your benefit, if you understand the meaning of what I say [Surat Al Tawba, verse 41].” However, if the enemies are in their country and the Imam does not call for Jihad than Jihad becomes a Fard Kifaya, meaning that only able bodied Muslims are called upon to fight.

The third kind of Jihad is Jihad Al Bughat [fighting against those who want to inflame the situation within Muslim territories from inside by inciting Fitna or spying on Muslim armies or hiding spies, etc. This notion was explained above in another section.

The forth kind of Jihad is battling against those who follow their passions, These are people who have not come openly against the ruler, but they bring decadence into Muslim society. They spoil the innocence of the young and encourage them to leave their good characteristics behind and to follow their bodily pleasures. These must be fought by each and every Muslim according to his/her ability. The prophet says: “He who sees a forbidden thing within society he must fight it with his own hands. If he is unable to do so, then let him fight it with his tongue and his heart. Otherwise decadence will weaken the faith of the people.”

b-Lesson About the Legality of Fighting

The lesson implies that the prophet himself was not a Baghi [sing. of Bughat] who wanted to mislead people. “...His message did not intend to usurp others’ property or to oppress them in order to enlarge the domain if Islam. He went on talking to people about Islam and how God had sent it to them through him. This happened secretly in the very middle of Mecca and continued on for three full years. When the Mecca’s leadership [The Quraysh Tribe of which the prophet Muhammad was a member] knew this it showed animosity to Muhammad and his new religion. . When Mecca’s elite saw that the prophet was unshakable in his stance, they decided to fight Islam and to torture the “turncoats” who had converted to Islam. Their fight was rigorous and they burned Muslims alive, massacred them and took their fortunes from them. They even went as far as to announce Muhammad as an erratic person. Thus, Muslims were obliged to migrate to Ethiopia.”

However, when all these measures didn’t bear fruit, and the rulers of Mecca were almost in despair, they came up with a new strategy. “...They tried to lure Muhammad with worldly fortunes. They sent people to him who promised him leadership and riches. Yet when the prophet ignored them, they resorted to cause famine upon him and his followers. Muslims were thus forced to endure two years of famine and were only saved by eating grass and leaves and getting a little help from the people of the mountains.”

Muhammad’s defiance necessitated that Quraysh come together to kill him and his followers They were once again unsuccessful. However, the prophet was forced to leave to Al Madina. All his companions migrated with him. Only sick and unable Muslims remained in Mecca. These were dealt with severely by Quraysh. In Madina Muhammad joined his companions and those Muslims that were already settled there. He even signed a treaty of peaceful coexistence with the Jewish tribes in Madina. Thus Muslims started to get stronger. They now knew that the only way to deal with Quraysh and Mecca was by fighting [Jihad] against those who brutalized them and confiscated their money and property. It was under thee circumstances that the Qur’anic verse stating that “Those who are wronged have the right to fight against their oppressors; since God is able to brig them out victorious.”

God also overtly encouraged Muslims to fight Quraysh when he said: “For the sake of God fight those who are fighting you. However, don’t be aggressors, because God doesn’t love aggressors. Kill them where they killed you and oust them from wherever they ousted you, since inciting in is more dire then killing. Don’t kill them at the Masjid Al Haram [The biggest Muslim Mosque in the heart of Mecca]. However, if they fight you there, you must kill them on that spot as Kafirs who deserve death. Fight them so there is no Fitna within the people and religion is restored to God. Don’t be timid, because fighting tyrants is your obligation [Surat Al Baqara, verses 190-193].”

The decision was to fight Quraysh and not the other Arab tribes. However, “...When other Arab tribes joined forces with Quraysh, God ordered to fight all infidels. God said: Fight all infidels as they fight you and know that God is with the believers. [Surat Al Tawba, verse 36]. The situation continued until the Jews of Al Madina betrayed the accord they had signed with the Muslims and joined forces with Quraysh and their cohorts and even tried to treacherously assassinate Muhammad. God’s prophet ordered his men to fight the Jews and he considered his previous accord with them as null and void. God says: If you had an accord with them and they turned their back on that agreement, then they are not a worthy and righteous people. Either fight them and scatter their remnants so that they always remember the price of their treachery, or always keep an eye on them because god doesn’t love traitors [Surat Al Infal, verses 56-58].”

c-Notes about Both lessons

1.In as much as the lesson emphasizes the Jihad for the purification of the soul, it brings forth yet another kind of Jihad, which is explained by fighting th Bughat. The reason for this kind of jihad is to disavow those who come out against th ruler or the Imam and thus create a Fitna, which weakens Islam and the society and makes it prone to invasions from outside. Muslims must fight these decedent people in terms of Jihad of Fard ‘Ayn, since it involves the safety and security of the Islamic state and its people.

2.The Jihad for the soul and the Jihad against decadent people by Money, the hand, the tongue and the heart is not in reality an offensive Jihad. At its core is the notion of change by all possible ways.

3.The lesson on the legality of fighting clarifies the periods where the jurisprudence of Jihad was instituted. It starts with the period of defending Muslims [Fard Al ‘Ayn] and not attacking other people. This notion of Jihad must be viewed within its historical context, when the religion was at its infancy and was to be protected at all cost. Moreover, it must not be explained as a notion of fighting those who are against Islam at any interval and place.

G- Kitab Al Mukhtar Min Al Tawheed Lil Saff Al Sani Idadi [Book of Selected
Tawheed Lessons for the Second Preparatory Class]

This is the book that is decided for the teaching of Tawheed. It was written in
1956. It contains 21 lessons, which deal with issues pertaining to faith, Islam and Prophecy. The book has a lesson on the prophets sent by God and what Muslims should know about them.

a-The Lesson on God’s Messengers and Prophets

The lesson explains that God loved humans and thus sent several Messengers and prophets to lead them to piety and righteousness. A Messenger of God is defined as: “...A free person and a son of Adam, whom God favored by revealing unto him his prophecy, so that he, out of his free will, announces his [God’s] teachings to the people. Thus there is a differentiation between prophets and messengers of God, since the latter are more special to God. This also means that Every messenger of God is a prophet. However, prophets are not necessarily messengers of God.”

The book states that Muslims must believe in all the prophets and the messengers of God, “...Because believing in them is a basis of faith. He who doesn’t believe in them is a Kafir, since God said: The messenger of God believed in what was revealed to him by his God. All believers have faith in God, his angels, his [holy] books and his messengers and, therefore, must believe in his messengers equally and without any distinction among them [Surat Al Baqara, verse 285].

The book also states that: “...The prophet said that faith means that you have to believe in God, his angels, his [holy] books and his messengers. Therefore, one must generally believe that God sent messengers and prophets and only he knows their exact number. Moreover, Muslims must believe in the twenty five messengers and prophets that are mentioned in the Qur’an: Our Lord Muhammad, Abraham, Moses, Issa [Jesus], Noah, Adam, Idris, Judas, Shu’ayb, Zu Al Kafl, Isaac, Jacob, David, Solomon, Ayyub, Joseph, Haroun, Zachary, Yahya, Elias, Isma’il, Alisah, Younis and Lot. He who rejects some sins [becomes a Kafir].”

The book also mentions that: “...The strongest among them are five. They are: Our Lord Muhammad, Abraham, Moses, Issa [Jesus] and Noah, since these five had to bear more than the others.”

There is also mention in the book that “...We must have faith that God enabled his messengers and prophets to do miracles. He also made them immune from denigration. Moreover, he revealed to some of them holy books that brought hope and light. Therefore Muslims must believe in the revealed Holy Books, which are the Torah, the Bible, and the Qur’an.”

b-Notes on the Lesson

1.In terms of acknowledging religions other than Islam, the lesson dictates that as part of a Muslims faith, he/she must believe in God’s prophets and messengers and their heavenly books. Not believing in these will bring a Muslim outside of Islam.

2.Stressing that a Muslim must believe in Jesus and his Christian religion, as well as the prophets of the Jewish people and their religion and the Bible and the Torah as books that were revealed by God to his prophets, is at the crux of Islamic religion. This is considered as a good basis for rapprochement between these religions.

H- Kitab Al Nusus Al Mukhtara Min Al Qur’an Al Karim Ala Tullab Al Marhala
Al Idadiyya [The Book of Selected Texts From the Qur’an for Students in
Preparatory Schools]

This is the book that is decided for students in the first, second and third preparatory classes. It was published in 1963. It contains three sections with 52 lessons, which explain and comment on Qur’anic verses. The book contains four lessons on the subject of Jihad and relations with non Muslims.

In section one, lesson one, which is used by the first preparatory class and under the heading “Exhilarating Jihad for the sake of God” the book comments on the following verses:

God says: “...Let those who prefer everlasting life and despise this worldly existence to fight for my sake. Those will really get what they really desire.” He also says: “...What is the matter with you that you are not fighting for the sake of God and in order to rescue the poor and the weak who pray to me to bring them out from their tyrannical village and give them a new and just ruler. Those who believe fight for God, while those who are Kafirs fight for the sake of tyranny. This fight the messengers of the devil when they are weak [Surat Al Nisaa’, verses 73-76].”

The book explains these verses as follows: “...God orders his true believers to come out to Jihad for his sake. He states that he, who sells this ending world, sells it for the prize of eternity in heaven. God then scorns those who are able to come out to jihad and who don’t, when Meccans were hurting Muslims and oppressing the weak and the poor. God finally states that he who fights for his sake is the true believer, while he who fights for Satan’s sake is a great sinner. God then tells his followers that they will be victorious against their enemies.”

In the second lesson of the same section and under the heading “Indications of the Punishments of the Mujahidin and Their Characteristics,” the following verses are explained:

God said: “...God bought the souls and fortunes of the believers, since they have heaven for which they fight. Be content and happy with your choice, because that is the true victories for those who repent, worship, do good deeds, and stay away from the forbidden [Surat Al Tawba, verses 111-112].” The explanation is that “...God accepted what true believers gave of their earthly possessions for the sake of heaven. He also told them that this fight is a continuing one and that he had indicated it in his previous books, such as the Torah, and the Bible.”

In the second part of the book and under the heading “The Relations of Muslims With Non Muslims” it is said: “...God wants you to remember that you have a duty toward those who didn’t fight you in your lands, and who didn’t push you away from your homes, for they are innocent and you must treat them as such. However, fight those who attacked you in your lands and expelled you from your homes, because they are the tyrants [Surat Al Mumtahina, verses 8-9].”

In the explanation of these verses the book states: “...Islam is the religion of friendship and peace. At the same time, it is the religion of honor and justice. These two verses explain to Muslims with their relations should be toward non Muslims. Those who don’t show them any animosity and don’t fight them are considered peaceful and must be dealt with accordingly. One the other hand, however, the Kuffar who fight Muslims and oppress them, God orders Muslims to deal with them accordingly.”

In the third section of the book and in the lesson titled “The Importance of Worshiping God and Going to Jihad for His sake” God tells: “...O those who come to your knees to worship me. Continue doing so and you will succeed.”

The explanation of this verse is that God says to Muslims “...to do what they can possibly do for the sake of God with your fortunes, selves, tongues.” This is an all encompassing statement in that it includes the idea of fighting the enemies of Islam and Satan with all possible means. Moreover, it calls upon Muslims to exercise Jihad to stay away from bad deeds and the forbidden. The goal is always to praise God and to do good deeds and to bring those who are the shadow of God to his light.”

IV- Conclusions

By surveying the contents of the scholastic curricula in Azharite schools and institutions regarding the subject of Jihad and the principles that govern the relations of Muslims with non Muslims and by reviewing the ties—if any—with extremist jihadist groups who incite hate and animosity toward the United States of America, we can conclude by stating the following:

1.The subject of Jihad and the relations between Muslims and non Muslims occupies a very limited section in the Shari’a and language curricula that we presented. The greater weight in the curricula is devoted to such subjects as laws governing the family, procedures, prayer, faith, and business.

2.It can be said that the curricula are generally speaking a peaceful one in its principle direction, since it obviously doesn’t call for offensive Jihad. Often, it deals with important concepts of Jihad within the confines o such subjects as the Jihad for the purification of the soul [the Greater Jihad]; even if these concepts are viewed from a very conservative, legalese, sectarian point of view. What is definitely true is that these concepts are not revolutionary, offensive, or extremist in nature.

3.The oldest of the books under our purview was written some four hundred years ago. The most recent one was published forty years ago. This means that the books were in use as textbooks long before the current phenomenon of Terror or terrorism and animosity toward the United States existed. Therefore, there is no tangible reason to tie the observed curricula with terrorism per se. In this regard we can brig forth the same question that Mutazz Ahmad implored in his seminal study on religious schools [Madrasas] in Pakistan, where he says: “If the teachings of the religious schools were the main, or the only reason, for Muslim militarism extremism, and animosity toward the United States, why didn’t these phenomena come forth before the 1990’s? The teaching curricula in the religious schools remained the same for over one hundred and fifty years.

4.A simple comparison between the curricula used in the Azharite religious schools and the curricula adopted by extremist jihadist groups show, if anything, that there are deep rooted differences between the two. The textbooks used in the Azharite curricula are nothing like the Fatwas of Ibn Teymiyya, Shawkani’s Jihadist Fiqh, Mawdudi’s Islamic coup d’etat, r Sayyid Qutb’s “Signposts.” The content of the Azharite religious study curricula do not espouse offensive jihad, toppling and Takfiring of regimes and rulers, as well as coming into open rebellion against them. The Azharite curricula do not contain such skewed philosophies as are present in the books we mentioned above, which constitute the core curricula of the extremist jihadists.

5.Finally, If one thing becomes clear from our endeavor, which would be the fact that the Azharite religious curricula do not contain anything that encourages violence, let alone terrorism. This brings us to the conclusion that the roots of the phenomenon of anti Americanism must be searched elsewhere and the real motives behind it, such as historical, political and social, must be dealt with in more detail.