Fiqh al-Siyar wal-Jihad — The Islamic Law of War and Nations: Classical Jihad Categories (Defensive vs Offensive), the Dar al-Islam and Dar al-Harb Division, How Prisoners and Non-Combatants Were Treated, and the Modern Reconsideration of Jihad as Primarily Defensive

Fiqh al-Siyar wal-Jihad (فِقهُ السِّيَرِ وَالجِهَاد — Jurisprudence of Conduct [Siyar] and Struggle [Jihad]; *siyar*: the Prophetic biography — also used for Islamic 'law of nations' governing relations with non-Muslims; *jihad*: effort, struggle; from *j-h-d*: to exert effort; the great jihad vs small jihad hadith: the Prophet returning from battle reportedly said 'We have returned from the small jihad to the great jihad' — the great jihad being the inner struggle against the self [though this hadith's authenticity is disputed]; classical jihad categories: [1] fard 'ayn [individual obligation]: when the enemy enters Muslim territory, every Muslim in the area must fight; no exemptions; [2] fard kifaya [collective obligation]: offensive jihad to expand the domain of Islam — if enough Muslims participate, the obligation is discharged for the rest; the dar division: [1] dar al-Islam [abode of Islam]: territory under Islamic governance where Islamic law applies; [2] dar al-harb [abode of war]: territory not under Islamic governance; classical scholars differed on whether dar al-'ahd [abode of covenant, treaty-protected territory] was a third category; the non-combatant rules: classical Islamic jurisprudence prohibited killing: women, children, the elderly, monks, farmers who are not fighting [Hanafi position]; the obligation to offer conversion/dhimma/war before attacking; the prisoner of war options: execution [for those taken in battle by the ruler's discretion]; ransom; exchange of prisoners; slavery [now universally abrogated]; the major classical works: Shaybani's Kitab al-Siyar [8th century Hanafi]; Sarakhsi's Sharh Kitab al-Siyar [major Hanafi commentary]; Malik's Muwatta; Shafi'i's Umm; the three classical positions on offensive jihad: [1] Hanafi: the dar division is the primary framework; offensive jihad to remove non-Muslim governance from territory is a collective duty; [2] Shafi'i: similar to Hanafi; the caliph's responsibility to extend Islamic rule; [3] Maliki: significant restrictions based on treaty-relationships; the modern reconsideration: contemporary scholars who argue jihad is fundamentally defensive include: [1] those who note that nearly all Quranic verses permitting fighting are explicitly contextual [fighting those who fight you: 2:190; those who broke treaties: 9:12-13; those who expelled you: 60:9]; [2] those who argue the dar al-Islam/harb division was a political geography of classical Islamic empire, not an eternal theological category — replaced in modern international law by the 1945 UN Charter framework; [3] those who apply maqasid reasoning: jihad's purpose is to preserve religion, life, intellect, progeny, and property — this goal is now better served by international law for most Muslim-majority states; the 'just war' comparison: Islamic classical jihad law has significant parallels to medieval European just war doctrine — both required legitimate authority, right intention, non-combatant immunity) is the classical Islamic law of international relations.