Jurisprudential and Ethical Foundations of War and Its Conclusion from the Perspective of the Quran and Sunnah

Abstract

War and peace are two distinct concepts, and consequently, their effects and consequences differ according to jurisprudential and legal principles. The historical background of both dates back to the very emergence of humanity. War, in a specific sense, refers to jihad, which is considered a divine duty and obligation, occupying a significant place in Islamic jurisprudence and receiving considerable attention in the verses of legal rulings (Ayat al-Ahkam). The true essence of what was performed as jihad was, in fact, "Jihad in the Path of Allah," with the primary aim of elevating the word of "Allah" and implementing human principles and values, including freedom, justice, and equality. Quranic verses on war and peace vary. Some prescribe war with non-Muslims under specific conditions, such as enemy aggression, while others are unconditional and recommend jihad without any preconditions. Despite the differing views of some jurists on this matter, many verses prioritize peace, and their context has led contemporary interpreters, both Shia and Sunni, to emphasize the defensive nature of the Quranic verses on jihad. The conclusion of war has historically been achieved either through the complete military defeat of one side or through surrender. Alternatively, at times, a balance of power has led to a ceasefire, ultimately resulting in peace through a negotiated agreement. This paper aims to analytically and descriptively address the various factors of peace and the conclusion of war as experienced and articulated in jurisprudence, law, and Islamic ethics. It asserts that the jurisprudential rulings and religious foundations of Islam, which align with human nature and its inherent demands, establish a framework for the fundamental principle of global peace.