Abstract
Boko Haram is one of the deadliest terrorist organisations in the world with an average of close to eight deaths per terrorist attack. Its killings have been justified by the group in the name of Islam. Because of the magnitude of its killings, people have regarded the group as radical. This study therefore examined the alleged radicalism of Boko Haram in the light of Islamic jurisprudence. The study found that Boko Haram’s ideology is essentially divided into two. The first is its intolerance of Western/secular institution, which manifests in its condemnation of democracy and Western education, while the second one is insurgency. The study argued that Boko Haram’s condemnation of democracy is contrary to the use of Shūrā and ijmā and the Qur’anic injunction making ummah the vicegerent of Allah on earth and that its condemnation of Western education is contrary to the prophetic injunction that knowledge must be sought even in China, which was known as one of the farthest places from the Arabian Peninsula at the time where idolatry could be said to obtain. The study further argued that Boko Haram’s insurgency is contrary to the principles of Islamic jus ad bellum that non-state actors cannot have recourse to the use of force and where Muslim community has recourse to the use of force, it must be in self-defence and the situation must be absolutely necessary and that while Islamic jus in bello recognises the principle of military necessity, distinction, humanity, proportionality and accepting an offer of peace during armed conflict, the insurgent activities of the group violate all these principles. The study therefore concluded that Boko Haram’s ideology is radical to the extent that it deviates from what is usual and traditional in the Qur’an and found in the Sunnah. The study also concluded that Boko Haram insurgency is also radical to the extent that it deviates from what is usual and traditional in Islamic jus ad bellum and Islamic jus in bello, as laid down in the Qur’an and found in the Sunnah.
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- 1.
Institute for Economics and Peace (2014), p. 19.
- 2.
Institute for Economics and Peace (2014), p. 19.
- 3.
Institute for Economics and Peace (2014), p. 53.
- 4.
Institute for Economics and Peace (2014), p. 53.
- 5.
Institute for Economics and Peace (2014), p. 53.
- 6.
Institute for Economics and Peace (2014), p. 19.
- 7.
Institute for Economics and Peace (2014), p. 53.
- 8.
Institute for Economics and Peace (2014), p. 19.
- 9.
Murthadā (2013), p. 4.
- 10.
Newman (2013).
- 11.
Pérouse de Montclos (2014), p. 143.
- 12.
Blanchard (2014), p. 1.
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Amy (2014), p. 13.
- 14.
Amy (2014), p. 13.
- 15.
Mohammed (2014), p. 15.
- 16.
Blanchard (2014), p. 2.
- 17.
See Murthadā (2013), pp. 16–17.
- 18.
Yusuf (2009), pp. 66–67.
- 19.
Murthadā (2013), p. 17.
- 20.
Murthadā (2013), p. 17.
- 21.
Murthadā (2013), p. 17.
- 22.
Murthadā (2013), p. 18.
- 23.
Murthadā (2013), p. 18.
- 24.
Murthadā (2013), p. 18.
- 25.
Mohammed (2014), p. 18.
- 26.
Murthadā (2013), p. 18.
- 27.
Yusuf (2009), p. 11.
- 28.
Blanchard (2014), p. 2.
- 29.
Blanchard (2014), p. 2.
- 30.
National Consortium for the Study of Terrorism and Responses to Terrorism (Start) (2014), p. 1.
- 31.
Amy (2014), pp. 12–13.
- 32.
Blanchard (2014), p. 2.
- 33.
Blanchard (2014), p. 2.
- 34.
Human Rights Watch (2012).
- 35.
Human Rights Watch (2012).
- 36.
BBC News Africa (2012).
- 37.
BBC News Africa (2012).
- 38.
BBC News Africa (2012).
- 39.
Amnesty International (2015a), pp. 274.
- 40.
Amnesty International (2015a), pp. 274.
- 41.
Amnesty International (2015a), pp. 274.
- 42.
Amnesty International (2015a), pp. 274.
- 43.
Amnesty International (2015a), pp. 275.
- 44.
Amnesty International (2015a), p. 275.
- 45.
Amnesty International (2015a), p. 275.
- 46.
Amnesty International (2015a), p. 275.
- 47.
Amnesty International (2015b).
- 48.
- 49.
- 50.
- 51.
- 52.
Amnesty International (2015c).
- 53.
Amnesty International (2015c).
- 54.
Amnesty International (2015c).
- 55.
Amnesty International (2015c).
- 56.
Amnesty International (2015c).
- 57.
Amnesty International (2015c).
- 58.
Amnesty International (2015c).
- 59.
Amnesty International (2015c).
- 60.
Malinova (2013).
- 61.
On Democracy and Shūrā, see Osman (Undated).
- 62.
Malinova (2013).
- 63.
Malinova (2013).
- 64.
Malinova (2013).
- 65.
See Esposito and Voll (2001).
- 66.
See El-Awa (2000), pp. 3–5.
- 67.
See Esposito and Voll (2001).
- 68.
This Hadith is considered weak although it is popular. However, there are other Hadiths which reinforce it as they emphasise the importance of the pursuit of knowledge.The Prophet Muhammad (peace be upon him) said: ‘The seeking of knowledge is obligatory for every Muslim.’—Al-Tirmidhi, Hadith 74;The Prophet Muhammad (peace be upon him) said: ‘One who treads a path in search of knowledge has his path to Paradise made easy by God…’—Riyadh us-Saleheen, 245; The Prophet Muhammad (peace be upon him) said: ‘A servant of God will remain standing on the Day of Judgment until he is questioned about his (time on earth) and how he used it; about his knowledge and how he utilized it; about his wealth and from where he acquired it and in what (activities) he spent it; and about his body and how he used it.’—Al-Tirmidhi, Hadith 148; The Prophet also said: ‘Knowledge from which no benefit is derived is like a treasure out of which nothing is spent in the cause of God.’—Al-Tirmidhi, Hadith 108; The Prophet Muhammad (peace be upon him) said: ‘God, His angels and all those in Heavens and on Earth, even ants in their hills and fish in the water, call down blessings on those who instruct others in beneficial knowledge.’—Al-Tirmidhi, Hadith 422; The Prophet also said: ‘Acquire knowledge and impart it to the people.’—Al-Tirmidhi, Hadith 107; The Prophet Muhammad (peace be upon him) said: ‘If anyone travels on a road in search of knowledge, God will cause him to travel on one of the roads of Paradise. The angels will lower their wings in their great pleasure with one who seeks knowledge. The inhabitants of the heavens and the Earth and (even) the fish in the deep waters will ask forgiveness for the learned man. The superiority of the learned over the devout is like that of the moon, on the night when it is full, over the rest of the stars. The learned are the heirs of the Prophets, and the Prophets leave (no monetary inheritance), they leave only knowledge, and he who takes it takes an abundant portion.—Sunan of Abu-Dawud, Hadith 1631. For these Hadiths, see https://www.quora.com/Why-did-Muhammad-say-Seek-knowledge-even-unto-China. Accessed 10 Jan 2016.
- 69.
Allah says: ‘And when ye ask (his ladies) for anything ye want, ask them from before a screen: that makes for greater purity for your hearts and for theirs’: Q 33 v 53; The Prophet (peace be upon him) said: ‘Never is a man alone with a woman except that Satan is the third party with them.’ The Prophet (peace be upon him) also said: ‘Do not enter into the company of women.’ A man then asked him: ‘What about her male in-laws?’; The Prophet (peace be upon him) replied: ‘The in-law is the most dangerous’. ‘No man should enter into the presence of a woman after this day unless he is accompanied by one or two other men’: Sahih Muslim; The Prophet (peace be upon him) never shook hands with an unrelated woman. Umaymah b. Raqiqah said: ‘I came to the Prophet (peace be upon him) with a group of the women of Madinah to swear fealty for Islam. The women informed Allah’s Messenger (peace be upon him) that they wished to swear fealty to him. The Prophet (peace be upon him) said: ‘I do not shake hands with women. The way I accept the pledge from one woman is the same as with one hundred women’: al Muwatta’, Sunan al-Tirmidhi, Sunan al-Nasa’i and Sunan Ibn Majah; The Prophet (peace be upon him) also said: ‘It is better for one of you to be pierced by a steel pin in his head than to touch the hand of a strange woman.’ Allah says: ‘Be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire: but speak ye speech (that is) just’: Q 33 v 32; The Prophet (peace be upon him) said: ‘Any woman who puts on perfume then goes and passes by some men to let them find her scent is a type of adulteress.’: Musnad Ahmad, Sunan al-Tirmidhi, Sunan Abu Dawud, and Sunan al-Nasa’i; The Prophet (peace be upon him) said: ‘The best of rows in prayer for the man is the first row and the worst for him is the last, and the best of rows for the women is the last row and the worst for her is the first’: Sahih Muslim; Ibn ‘Abbas relates that he prayed one of the ‘Id prayers with the Prophet (peace be upon him). He informs us that the Prophet (peace be upon him) prayed and offered a sermon, then he went to the women and offered to them a separate sermon, admonishing them and encouraging them to give charity: Sahih al-Bukhari; The Prophet (peace be upon him) once saw men and women mixing together after they left mosque and said to the women: ‘Hold back a bit. You do not have to walk in the middle of the road. You may keep to the sides’: Sunan Abu Dawud; Ibn ‘Umar related that the Prophet (peace be upon him) said about one of the mosque’s doors: ‘We should leave this door exclusively for women to use.’ Ibn ‘Umar, until he died, never again entered through that door: Sunan Abu Dawud; Al-Albani says: ‘Umm Salamah said: ‘When the Prophet (peace be upon him) completed the prayer, the women would get up to leave. He would then wait awhile before standing’; Ibn Shahab said: ‘I believe that he waited for a while to give the women an opportunity to depart before the men’: Sahih al-Bukhari; It was related in Sahih al-Bukhari that women at the time of the Prophet (peace be upon him) did not mix with men while circumbulating the Ka’bah and that a woman once asked Aisha, the wife of the Prophet to go with her to touch the corner of the Ka’bah but Aisha refused; One of Aisha’s handmaidens came to her and said: ‘O Mother of believers, I went around the Ka’ bah seven times and touched the corner twice or trice’. Aisha was reported to have replied: ‘May Allah not reward you for pushing your way through men. It would have been sufficient for you to say ‘Allahu Akbar’ as you passed by’: Musnad al-Shafi’i; In Abu Dawud, Hadith No. 4931, it is narrated upon the authority of Aisha as follows: ‘I used to play with my friends and whenever the Prophet (peace be upon him) entered they would leave and whenever he (peace be upon him) went out they would come back in’; In Abu Dawud Hadith No.4933, it is narrated that Aisha said as follows: ‘The Prophet married me at seven and we had relationship at nine and when I moved to medina some women prepared me for the wedding and they nor I ever mixed with men in a house of women. The women received me and men received the Prophet and then we went to the house.’ In Abu Dawud Hadith No. 5273, it is narrated upon the authority of Nafih that the Prophet (peace be upon him) said, ‘Do not walk between two men or between two women in the street.’
- 70.
For the purpose of medical treatment, men and women are allowed to mix. The Sahabiyat used to treat the Sahaba and the Prophet (peace be upon him) consented to it. See http://islamicsystem.blogspot.com.ng/2006/07/shariah-rules-relating-to-mixing.html. Accessed 10 Jan 2016; In Q 24 v 61, Allah says: ‘It is no fault in the blind nor in one born lame, nor in one afflicted with illness, nor in yourselves, that ye should eat in your houses, or those of your fathers, or your mothers, or your brothers, or your sisters, or your father’s brothers, or your father’s sisters, or your mother’s brothers, or your mother’s sisters, or in houses of which the keys are in your possession, or in the house of a sincere friend of yours: there is no blame on you, whether you eat in company or separately. But if ye enter houses, salute each other:-a greeting of blessing and purity as from Allah. Thus does Allah make clear the Signs to you: that ye may understand.’ For the purpose of trading such as buying, selling, hiring, borrowing and lending mixing is allowed. Tirmidhi narrated that the Prophet (peace be upon him) traded with women, and that Abu Bakr saw the Prophet (peace be upon him) trade with a woman. Mixing is also permitted if the nature makes mixing inevitable. The Prophet (peace be upon him) permitted Zubayr Ibn Awwam’s wife to work. She carried water both to men and women. The Prophet even offered his camel to assist her. See http://islamicsystem.blogspot.com.ng/2006/07/shariah-rules-relating-to-mixing.html. Accessed 10 Jan 2016.
- 71.
Q 24 v 30-31: ‘And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons, or their women, or their slaves whom their right hand possess, or male attendants free of sexual desire, or small children who have no carnal knowledge of women, and that they should not strike their feet in order to draw attention to their hidden ornaments’; Q 33 v 59: ‘O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when out of doors), that is most convenient, that they should be known (as such) and not molested’; The Holy Prophet Muhammad (Peace be upon Him) said: ‘Those women who seem naked even when dressed and those who walk flirtingly and those who plait their heads like the humps of camels, thus inviting people’s attention, will not enter Paradise nor will they smell its fragrance even though its fragrance can be smelt from a very far distance.’ (Sahih Muslim Hadith 5310 Narrated by Abu Hurayrah); The Holy Prophet Muhammad (Peace be upon Him) said: ‘When a woman reaches puberty no part of her body should remain uncovered except her face and the hand up to the wrist joint.’ (Abu Dawud).
- 72.
On Darwin’s theory of evolution, see Darwin (1909).
- 73.
There are verses suggesting that man was created as man: ‘He it is Who has created you from clay’ (Q 6 v 2); ‘It is He who hath produced you from the earth...’ (Q 11 v 61); ‘We created you out of dust, then out of sperm, then out of a leech-like clot, then out of a morsel of flesh, partly formed and partly unformed, in order that We may manifest (Our power) to you’ (Q 22 v 5); ‘He began the creation of man from clay, and made his progeny from the quintessence of despised fluid’ (Q 32 v 7-8); ‘Verily, when He intends a thing, His command is, “Be”; and it is’ (Q 36 v 82). However, there are verses suggesting that the creation of man passed through evolutionary stages. ‘Your Guardian Lord is Allah, who created the heavens and the earth in six days’ (Q 7 v 54); See also Q 25 v 59, Q 32 v 4 and Q 50 v 38; ‘He directs the affairs from the heavens to the earth: then it ascends unto Him, on a Day the measure of which is a thousand years of your reckoning’ (Q32 v 5); ‘The angels and the Spirit ascend unto Him in a Day the measure whereof is (as) fifty thousand years’ (Q70 v 4); ‘O thou man! Verily thou art ever toiling on towards thy Lord-painfully toiling,-but thou shalt meet Him... So I do call to witness the ruddy glow of Sunset; the Night and its Homing; and the Moon in her Fullness: Ye shall surely travel from stage to stage’ (Q 84 v 6, 16-19). It is pertinent to note that Western scientists have always considered the theory of evolution as belonging to their Muslim counterparts. William Draper, a contemporary of Charles Darwin referred to ‘...the Muhammadan theory of the evolution of man from lower forms’ in his book History of the Conflict between Religion and Science (1874) at page 188. Draper’s statement was rooted in the position maintained by Muslim scientists since the ninth century CE that humans evolved from primitive life forms over a long period of time. Al-Jahiz (781-869 CE), a Muslim scholar based in present day Iraq states in The Book of Animals that ‘Animals engage in a struggle for existence; for resources, to avoid being eaten and to breed. Environmental factors influence organisms to develop new characteristics to ensure survival, thus transforming into new species. Animals that survive to breed can pass on their successful characteristics to offspring.’ Ibn Khaldun also published a book called The Muqadimma’ in 1377 CE. In it he states that ‘One should then take a look at the world of creation. It started out from the minerals and progressed, in an ingenious, gradual manner, to plants and animals. The last stage of minerals is connected with the first stage of plants, such as herbs and seedless plants. The last stage of plants, such as palms and vines, is connected with the first stage of animals, such as snails and shellfish.’ He further states that ‘The animal world then widens, its species become numerous, and, in a gradual process of creation, it finally leads to man, who is able to think and reflect. The higher stage of man is reached from the world of monkeys, in which both sagacity and perception are found…’ There were other Muslim scholars such as Ibn Miskawahy (932-1030) writing between the ninth and the fourteenth century whose ideas were also similar to those of al-Jahiz and Ibn Khaldun. Ibn Miskawahy (932-1030) probably gave the most detailed account of evolution and sought to reconcile it with the Quranic provisions. See http://www.ascertainthetruth.com/att/index.php/al-islam/al-islam-and-science/871-evolution-was-an-islamic-theory-before-darwin-was-even-born. Accessed 10 Jan 2016.
- 74.
In Epperson v Arkansas 393 U.S. 97 (1968), the Supreme Court of the United States held that the prohibition of the teaching of human evolution in public schools under the Arkansas statute is unconstitutional and therefore invalid.
- 75.
See Bucaille (Undated), pp.122–132 and 142–150.
- 76.
Bucaille (Undated), pp. 122–132, 142–150.
- 77.
Faridah HJ Hassan Ibn Haldun and Jane Adams: The Real Father of Sociology and the Mother of Social Works. http://www2.uned.es/congreso-ibn-khaldun/pdf/04%20Faridah%20Hj%20Hassan.pdf. Accessed 7 Mar 2016.
- 78.
Faridah HJ Hassan Ibn Haldun and Jane Adams: The Real Father of Sociology and the Mother of Social Works. http://www2.uned.es/congreso-ibn-khaldun/pdf/04%20Faridah%20Hj%20Hassan.pdf. Accessed 7 Mar 2016.
- 79.
Bucaille (Undated), p. 80.
- 80.
Article 2 of the Constitution titled ‘Constitutional Subject of the State’ stipulates that ‘(This shall be a pact) between the Muslims of Quraysh, the people of Yathrib (the Citizens of Madina) and those who shall follow them and become attached to them (politically) and fight along with them. (All these communities shall be the constitutional subjects of the state.)’ Article 3 titled ‘Formation of the Constitutional Unity’ states that ‘The aforementioned communities shall formulate a Constitutional Unity as distinct from (other) people.’
- 81.
Article 30 titled Guarantee of Freedom of Religion for both the Muslims and non-Muslim minorities (the Jews)’ states that ‘The Jews of Banu Awf (non-Muslim minorities) shall be considered a community along with the believers. They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties. They will bring evil only on themselves and their family.’
- 82.
Article 46 titled ‘Mutual consultation and honourable dealing’ provides that ‘There shall be mutual consultation and honourable dealing between the allies and there shall be the fulfilment not the violation, of all pledges.’
- 83.
Article 50 of the Constitution provides that ‘A person given constitutional shelter shall be granted an equal right of life protection as long as he commits no harm and does not act treacherously.’
- 84.
Shah (2008), p. 15.
- 85.
Shah (2008), p. 15.
- 86.
Shah (2008), p. 15.
- 87.
Shah (2008), p. 15.
- 88.
Shah (2008), p. 15.
- 89.
Shah (2008), p. 15.
- 90.
Shah (2008), pp. 15–16.
- 91.
Q 42 v 40.
- 92.
Q 16 v 126.
- 93.
Q 2 v 190.
- 94.
Shah (2008), p. 17.
- 95.
Q 8 v 65.
- 96.
Q 4 v 59.
- 97.
Q 4 v 83.
- 98.
Shah (2008), p. 23.
- 99.
Maududi (1996).
- 100.
Qutb (2003).
- 101.
- 102.
Shah (2008), p. 25.
- 103.
Shah (2008), p. 25.
- 104.
Shah (2008), p. 25.
- 105.
Shah (2008), pp. 25–26.
- 106.
Shah (2008), pp. 26–27.
- 107.
In addition, the stipulations of the Quran in 9 v 4, 60 v 8, 9 v 5, 60 v 9, 2 v 191 and 2 v 217 reinforce the preceding discussion. They are as follows: Q 9 v 4: ‘(But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term: for Allah loveth the righteous.’ Q 60 v 8: ‘Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just.’ Q 9 v 6: ‘If one amongst the Pagans asks thee for asylum, grant it to him, so that he may hear the word of Allah. And then escort him to where he can be secure.’ Q 60 v 9: ‘Allah only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong.’ Q 2 v 191: ‘And slay them wherever ye catch them, and turn them out from where they have turned you out; for persecution is worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them.’ Q 2 v 217: ‘They ask thee concerning fighting in the Prohibited Month. Say: ‘Fighting therein is a grave (offence); but graver is it in the sight of Allah to prevent access to the path of Allah, to deny Him, to prevent access to the Sacred Mosque, and drive out its members.’ Tumult and oppression are worse than slaughter. Nor will they cease fighting you until they turn you back from your faith if they can.’
- 108.
Shah (2008), p. 29.
- 109.
Shah (2008), p. 35.
- 110.
Q 2 v 106.
- 111.
Q 16 v 89.
- 112.
Q 2 v 142.
- 113.
Q 4 v 15.
- 114.
Q 24 v 2.
- 115.
Shah (2008), p. 42.
- 116.
Q 4 v 82.
- 117.
Q 39 v 23.
- 118.
‘Will ye not fight people who violated their oaths, plotted to expel the Messenger, and attacked you first?’: Q 9 v 13; ‘When ye meet the Unbelievers (in fight), smite at their necks; At length, when ye have thoroughly subdued them, bind (the captives) firmly: therefore (is the time for) either generosity or ransom: Until the war lays down its burdens.’: Q 47 v 4; ‘But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, and seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and pay Zakat, then open the way for them: for Allah is Oft-forgiving, Most Merciful.’: Q 9 v 5; ‘But the Messenger, and those who believe with him, strive and fight with their wealth and their persons: for them are (all) good things: and it is they who will prosper.’: Q 9 v 88; ‘But those who are slain in the Way of Allah—He will never let their deeds be lost.’: Q 47 v 4.
- 119.
Shah (2011), p. 33.
- 120.
Q 2 v 193.
- 121.
Q 2 v 191.
- 122.
Q 2 v 192.
- 123.
Q 2 v 194.
- 124.
Shah (2011), pp. 33–34.
- 125.
Shah (2011), p. 34.
- 126.
Shah (2011), p. 34.
- 127.
Shah (2011), p. 34.
- 128.
Shah (2011), p. 35.
- 129.
Shah (2011), p. 35.
- 130.
See also Q 40 v 40: ‘He that works evil will not be requited but by the like thereof.’ And Q 42 v 40: ‘The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah: for (Allah) loveth not those who do wrong.’ However, Q 16 v 126 is most apt since it specifically refers to causing harm in conflict.
- 131.
Shah (2011), pp. 35–36.
- 132.
See also Q 2 v 213; Q 17 v 70; Q 95 v 4.
- 133.
Ali (1989), p. 429.
- 134.
Q 5 v 32.
- 135.
Shah (2011), p. 38.
- 136.
They rely on the following verses: ‘The blame is only against those who oppress men with wrong-doing and insolently transgress beyond bounds through the land, defying right and justice: for such there will be a Chastisement grievous’: Q 42 v 42; ‘But indeed if any show patience and forgive, that would truly be an affair of great resolution’: Q 42 v 43;‘Those who persevere in patience, and put their trust in their Lord and Cherisher’: Q 29 v 59; ‘Quite a number of the people of the Book wish they could turn you (people) back to infidelity after ye have believed, from selfish envy, after the truth hath become manifest unto them: But forgive and overlook, till Allah brings out His command’: Q 2 v 109.
- 137.
They rely on the following verses: ‘To those against whom war is made, permission is given (to fight), because they are wronged-and verily Allah is Most Powerful for their aid’: Q 22 v 39; ‘(They are) those who have been expelled from their homes in defiance of right,-(for no cause) except that they say “Our Lord is Allah”. ..Allah will certainly aid those who aid His (cause): Q 22 v 40; ‘Fight in the cause of Allah those who fight you, but do not transgress limits; for. Allah loveth not transgressors’: Q 2 v 190.
- 138.
They rely on the following verses: ‘But when the forbidden months are past, then fight and slay the Pagans wherever you find them, and seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers, and pay Zakat, then open the way for them: for Allah is Oft-forgiving, Most Merciful’: Q 9 v 5; ‘Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the Jizya with willing submission and feel themselves subdued.’: Q 9 v 29.
- 139.
Shah (2011), p. 38.
- 140.
Shah (2011), p. 41.
- 141.
See some of the most germane verses: ‘A (declaration) of immunity from Allah and His Messenger to those of the Pagans with whom ye have contracted mutual alliances’: Q 9 v 1; ‘Go ye, then for 4 months, (as ye will) throughout the land, but know yet that ye cannot frustrate Allah (by your falsehood) but that Allah will cover with shame those who reject Him’: Q 9 v 2; ‘And on announcement from Allah and His Messenger, to the people (assembled) on the day of the Great Pilgrimage,-, that Allah and His Messenger dissolve (treaty) obligations with the Pagans. If, then, ye repent, it were best for you; but if ye turn away, know ye that ye cannot frustrate Allah, And proclaim a grievous chastisement to those who reject faith”: Q 9 v 3; ‘(But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term’: Q 9 v 4; ‘How can there be a covenant before Allah and His Messenger, with the Pagans, except those with whom ye made a treaty near the Sacred Mosque? As long as these stand true to you, stand ye true to them’: Q 9 v 7.
- 142.
Shah (2011), p. 41.
- 143.
Shah (2011), p. 43.
- 144.
Shah (2011), p. 44.
- 145.
El-Awa (2000), pp. 83–85.
- 146.
Shah (2011), p. 44.
- 147.
Q 47 v 4.
- 148.
Q 76 v 8.
- 149.
Shah (2011), p. 45.
- 150.
Shah (2011), p. 45.
- 151.
Shah (2011), p. 45.
- 152.
Shah (2011), p. 45.
- 153.
Shah (2011), p. 45.
- 154.
Shah (2011), pp. 45–46.
- 155.
See Q 5 v 48.
- 156.
Shah (2011), p. 46.
- 157.
Shah (2011), p. 46.
- 158.
Q 23 v 5.
- 159.
Q 23 v 6.
- 160.
Q 70 v 31; see also Q 23 v 7.
- 161.
Shah (2011), p. 47.
- 162.
Shah (2011), p. 47.
- 163.
Q 4 v 25.
- 164.
Shah (2011), p. 47.
- 165.
Shah (2011), p. 47.
- 166.
Shah (2011), p. 47.
- 167.
Shah (2011), p. 47.
- 168.
Q 24 v 1–4.
- 169.
Q 59 v 5.
- 170.
Q 2 v 205.
- 171.
Shah (2011), p. 50.
- 172.
Q 17 v 15: ‘No bearer of burdens can bear the burden of another’; Q 35 v 18: ‘Nor can a bearer of burdens bear another’s burden. If one heavily laden should call another to (bear) his load, not the least portion of it can be carried (by the other) even though he be nearly related.’
- 173.
Shah (2011), p. 53.
- 174.
Shah (2011), p. 53.
- 175.
Shah (2011), p. 53.
- 176.
Q 35 v 18.
- 177.
Q 4 v 123.
- 178.
Q 41 v 46.
- 179.
Shah (2011), p. 52.
- 180.
On truce called by the Federal Government, see Pérouse de Montclos (2014), p. 29.
- 181.
See n 73.
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Adigun, M. (2018). Boko Haram’s Radical Ideology and Islamic Jurisprudence. In: Iyi, JM., Strydom, H. (eds) Boko Haram and International Law. Springer, Cham. https://doi.org/10.1007/978-3-319-74957-0_10
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