A critical analysis in the light of Qur’an, Sunnah, and classical scholarship
✔ The Intellectual Legacy of the Jurists:
Islamic jurisprudence is the outcome of centuries of scholarly endeavor and deep analytical reasoning. To ignore the work of the jurists is akin to reinventing the wheel.
✔ Foundation of International Law:
The works of classical jurists are not merely theoretical; they form the practical basis of foreign policy and international relations in Islamic states.
✔ Recognition by Non-Muslim Scholars:
Even non-Muslim scholars have acknowledged that Islamic jurisprudence could be treated as customary sources in international law.
Example: Former ICJ judge Weeramantry discussed this in academic research.
(Reference: Larry Maybee, Benarji Chakka (Eds.), Custom as Source of International Humanitarian Law, New Delhi: ICRC, 2006, pp. 25-40)
✔ Unique Objective of the Prophet’s Jihād:
According to Ghamidi, the purpose of the Prophet Muhammad ﷺ and his Companions’ jihād was Itmām al-Ḥujjah—the completion of divine proof. When a nation persistently denies the truth after receiving it clearly, it becomes deserving of divine punishment in this world.
(Reference: Amin Ahsan Islahi, Tadabbur-e-Qur’an, Vol. 3, pp. 469, 473, 555; Javed Ahmad Ghamidi, Qānūn-e-Jihād, pp. 241–242, 266–270)
✔ Limited Scope of Jihād for Dominance:
Ghamidi argues that this form of jihād was limited only to the Prophet ﷺ and his direct addressees. Even the Companions only fought against those whom the Prophet ﷺ had already warned through letters and daʿwah.
(Reference: Qānūn-e-Jihād, pp. 269–270)
In Surah al-Tawbah, the reason for fighting is stated as breach of treaties (naqḍ ʿahd) and insulting the religion (ṭaʿn fī al-dīn)—not Itmām al-Ḥujjah.
Qur’anic Verses:
“And if they break their oaths after their covenant and defame your religion, then fight the leaders of disbelief…”
(al-Tawbah: 12)
“Will you not fight a people who broke their oaths…”
(al-Tawbah: 13)
❖ Conclusion: These verses make no mention of Itmām al-Ḥujjah as the reason for combat.
Throughout the Qur’an, Itmām al-Ḥujjah is not cited as a condition for the initiation of jihād. Even Surah al-Tawbah, which outlines various rulings on warfare, does not link jihād to Itmām al-Ḥujjah.
At the conquest of Makkah, the Prophet ﷺ forgave most of his enemies, despite supposedly having completed Itmām al-Ḥujjah on them.
Ibn Qayyim in Zād al-Maʿād mentions nine individuals who were to be executed, but many of them were later pardoned.
(Reference: Zād al-Maʿād, Vol. 3, p. 362)
❖ Observation: If Itmām al-Ḥujjah mandated execution upon rejection, why was general amnesty granted?
Itmām al-Ḥujjah is related to specific nations or individuals, not a universal directive for jihād. Therefore, establishing it as a foundational law for warfare is misplaced.
✔ Scope of Itmām al-Ḥujjah:
It is confined to the direct addressees of a Messenger (Rasūl). It cannot be generalized as a rule in Islamic law.
✔ Objective of Jihād According to Qur’an:
The Qur’an describes the objective of jihād as ending fitnah (oppression and persecution).
“Fight them until there is no more fitnah…”
(al-Baqarah: 193)
✔ Dominance of the Religion:
The Prophet ﷺ engaged in jihād to establish the word of Allah and eradicate fitnah. This remains a valid principle in Islamic jurisprudence, based on conditions and circumstances.
Ghamidi’s theory of Itmām al-Ḥujjah as the basis for jihād raises several critical issues:
① Lack of explicit mention in Qur’an or ḥadīth linking Itmām al-Ḥujjah with warfare.
② Surah al-Tawbah clearly presents different reasons for combat—treaty-breaking and defamation of religion.
③ The Prophet’s practice during the conquest of Makkah contradicts the theory of enforced punishment post-Itmām al-Ḥujjah.
④ There is no solid textual or historical basis to make Itmām al-Ḥujjah a general rule for Islamic military conduct.
❖ Importance of the Work of Classical Jurists
✔ The Intellectual Legacy of the Jurists:
Islamic jurisprudence is the outcome of centuries of scholarly endeavor and deep analytical reasoning. To ignore the work of the jurists is akin to reinventing the wheel.
✔ Foundation of International Law:
The works of classical jurists are not merely theoretical; they form the practical basis of foreign policy and international relations in Islamic states.
✔ Recognition by Non-Muslim Scholars:
Even non-Muslim scholars have acknowledged that Islamic jurisprudence could be treated as customary sources in international law.
Example: Former ICJ judge Weeramantry discussed this in academic research.
(Reference: Larry Maybee, Benarji Chakka (Eds.), Custom as Source of International Humanitarian Law, New Delhi: ICRC, 2006, pp. 25-40)
❖ Ghamidi’s View on Itmām al-Ḥujjah
✔ Unique Objective of the Prophet’s Jihād:
According to Ghamidi, the purpose of the Prophet Muhammad ﷺ and his Companions’ jihād was Itmām al-Ḥujjah—the completion of divine proof. When a nation persistently denies the truth after receiving it clearly, it becomes deserving of divine punishment in this world.
(Reference: Amin Ahsan Islahi, Tadabbur-e-Qur’an, Vol. 3, pp. 469, 473, 555; Javed Ahmad Ghamidi, Qānūn-e-Jihād, pp. 241–242, 266–270)
✔ Limited Scope of Jihād for Dominance:
Ghamidi argues that this form of jihād was limited only to the Prophet ﷺ and his direct addressees. Even the Companions only fought against those whom the Prophet ﷺ had already warned through letters and daʿwah.
(Reference: Qānūn-e-Jihād, pp. 269–270)
❖ Critique of Ghamidi’s Theory
1. The Evidence from Surah al-Tawbah
In Surah al-Tawbah, the reason for fighting is stated as breach of treaties (naqḍ ʿahd) and insulting the religion (ṭaʿn fī al-dīn)—not Itmām al-Ḥujjah.
Qur’anic Verses:
“And if they break their oaths after their covenant and defame your religion, then fight the leaders of disbelief…”
(al-Tawbah: 12)
“Will you not fight a people who broke their oaths…”
(al-Tawbah: 13)
❖ Conclusion: These verses make no mention of Itmām al-Ḥujjah as the reason for combat.
2. No Mention of Itmām al-Ḥujjah in Qur’an as a Basis for Jihād
Throughout the Qur’an, Itmām al-Ḥujjah is not cited as a condition for the initiation of jihād. Even Surah al-Tawbah, which outlines various rulings on warfare, does not link jihād to Itmām al-Ḥujjah.
3. The Principle of Amnesty at the Conquest of Makkah
At the conquest of Makkah, the Prophet ﷺ forgave most of his enemies, despite supposedly having completed Itmām al-Ḥujjah on them.
Ibn Qayyim in Zād al-Maʿād mentions nine individuals who were to be executed, but many of them were later pardoned.
(Reference: Zād al-Maʿād, Vol. 3, p. 362)
❖ Observation: If Itmām al-Ḥujjah mandated execution upon rejection, why was general amnesty granted?
4. Itmām al-Ḥujjah Concerns the Addressees, Not Jihād as a Rule
Itmām al-Ḥujjah is related to specific nations or individuals, not a universal directive for jihād. Therefore, establishing it as a foundational law for warfare is misplaced.
❖ Distinction Between Jihād and Itmām al-Ḥujjah
✔ Scope of Itmām al-Ḥujjah:
It is confined to the direct addressees of a Messenger (Rasūl). It cannot be generalized as a rule in Islamic law.
✔ Objective of Jihād According to Qur’an:
The Qur’an describes the objective of jihād as ending fitnah (oppression and persecution).
“Fight them until there is no more fitnah…”
(al-Baqarah: 193)
✔ Dominance of the Religion:
The Prophet ﷺ engaged in jihād to establish the word of Allah and eradicate fitnah. This remains a valid principle in Islamic jurisprudence, based on conditions and circumstances.
❖ Summary
Ghamidi’s theory of Itmām al-Ḥujjah as the basis for jihād raises several critical issues:
① Lack of explicit mention in Qur’an or ḥadīth linking Itmām al-Ḥujjah with warfare.
② Surah al-Tawbah clearly presents different reasons for combat—treaty-breaking and defamation of religion.
③ The Prophet’s practice during the conquest of Makkah contradicts the theory of enforced punishment post-Itmām al-Ḥujjah.
④ There is no solid textual or historical basis to make Itmām al-Ḥujjah a general rule for Islamic military conduct.
