When is it permissible to break moral laws?
When the Islamic community is being persecuted.
That is the impact of the small, easily overlooked phrase “fitnah is worse than killing,” or “persecution is worse than slaughter,” which appears in Qur’an 2:191 (and 2:217).
Allah devotes a large section of “The Cow” (vv. 189-242) to answering various questions that the Muslims had ostensibly asked Muhammad. Allah begins his answers to Muhammad with “They ask you” (vv. 189, 215, 217, 219, 220, 222).One of these questions was whether or not fighting was permissible during the sacred month, which Allah takes up in v. 217.
Muhammad’s first biographer, an eighth-century Muslim named Ibn Ishaq, gives the background of this verse. After the Hijrah, Muhammad’s move from Mecca to Medina, the Muslims began raiding caravans of the pagan Quryash — Muhammad’s own tribe, which had rejected him.
Muhammad himself led many of these raids.
These raids served a key economic purpose: keeping the Muslim movement solvent. At one point Muhammad sent one of his most trusted lieutenants, Abdullah bin Jahsh, along with eight other Muslims out with orders to watch for a Quraysh caravan at Nakhla, a settlement not far from Mecca, and to “find out what they are doing.”
Abdullah and his band took this as an order to raid the Quraysh caravan, which soon came along, carrying leather and raisins. But it was the last day of the sacred month of Rajab, during which — by longstanding Arab custom — fighting was forbidden. This presented them with a dilemma: if they waited until the sacred month was over, the caravan would get away, but if they attacked, they would sin by killing people during the sacred month.
They finally decided, according to Ibn Ishaq, to “kill as many as they could of them and take what they had.”
On the way home to Medina, Abdullah set aside a fifth of the booty for Muhammad (as per Qur’an 8:41). But when they returned to the Muslim camp, Muhammad refused to share in the loot or to have anything to do with them, saying only: “I did not order you to fight in the sacred month.”
But then Allah revealed v. 217, explaining that the Quraysh’s opposition to Muhammad and supposed persecution of the Muslims was more offensive in his eyes than the Muslims’ violation of the sacred month.
The raid was therefore justified: “for persecution is worse than slaughter.”
Whatever sin the Nakhla raiders had committed in violating the sacred month was nothing compared to the Quraysh’s sins.
Ibn Ishaq explained this verse:
They have kept you back from the way of God with their unbelief in Him, and from the sacred mosque, and have driven you from it when you were with its people. This is a more serious matter with God than the killing of those whom you have slain.
Once he received this revelation, Muhammad took Abdullah’s booty and prisoners. Abdullah was considerably relieved, and asked: “Can we hope that it will count as a raid for which we shall be given the reward of combatants?”
Here again Allah answered in a revelation, saying:
Indeed, those who have believed and those who have emigrated and fought in the cause of Allah — those expect the mercy of Allah (v. 218).
“Fought” here is jahadu (جَاهَدُو), which is a form of jihad, and “jihad for the sake of Allah” or “jihad in the way of Allah” (جَاهَدُواْ فِي سَبِيلِ اللّهِ) in Islamic theology always refers to jihad warfare, not to more spiritualized understandings of jihad.
Ibn Kathir, following Ibn Ishaq, also recounts this incident, which was a momentous one: good became identified with anything that was to the benefit of Muslims, and evil with anything that harmed them, without reference to any larger moral standard.
Moral absolutes were swept aside in favor of the overarching principle of expediency.
Sayyid Qutb explains that “Islam is a practical and realistic way of life which is not based on rigid idealistic dogma.” Islam “maintains its own high moral principles,” but only when “justice is established and wrongdoing is contained” — i.e., only when Islamic law rules a society — can “sanctities be protected and preserved.”
So evidently they need not be or cannot be protected before that point.
Like a rejected suitor, Allah then returns to the Jews, again reminding them of all of his spurned favors toward them (v. 211). He notes how the unbelievers scoff at the Muslims (v. 212) and then reveals in capsule form the Islamic view of salvation history:
Mankind was one religion; then Allah sent the prophets as bringers of good tidings and warners and sent down with them the Scripture in truth to judge between the people concerning that in which they differed. And none differed over the Scripture except those who were given it — after the clear proofs came to them — out of jealous animosity among themselves (v. 213).
The people who were given the Scripture are the Jews and the Christians.
And Allah guided those who believed to the truth concerning that over which they had differed, by His permission. And Allah guides whom He wills to a straight path (v. 213).
That is, Allah guided the Muslims to the truth about the things the People of the Book disagreed about. Ibn Kathir explains that they disagreed about the “day of Congregation”:
The Jews made it Saturday while the Christians chose Sunday. Allah guided the Ummah [community] of Muhammad to Friday.
They also disagreed about the direction to face when praying (qiblah), postures of prayer, fasting, and the true religion of Abraham: “The Jews said, `He was a Jew,’ while the Christians considered him Christian. Allah has made him a Haniyfan Musliman” — that is, a pre-Islamic monotheist.
Don’t like the idea of waging war for Allah? Tough.
Allah exhorts the believers to fight, even though they “dislike it” (v. 216).
Maulana Bulandshahri explains the traditional view:
While the Muslims were in Makkah, they were weak and few in number, never possessing the capability nor the divine permission for Jihad (religious war). After migrating to Madinah, they received the order to fight their enemies in defense, as a verse of Surah Hajj [chapter 22 of the Qur’an] proclaims: “Permission (to fight) has been granted to those being attacked because they are oppressed” [22:39]. Later on the order came to fight the Infidels (kuffar) even though they do not initiate the aggression.
Bulandshahri was a modern-day theologian, but this view of the three stages of development of the Qur’an’s teaching on warfare is found in Ibn Ishaq’s eighth century work, and in the writings of mainstream Islamic theologians throughout the ages, including Ibn Kathir, Ibn Qayyim, Ibn Juzayy, As-Suyuti, and many others.
Besides essentially destroying the idea of moral absolutes, v. 217 is also important for those who leave Islam, or wish they could:
And whoever of you reverts from his religion and dies while he is a disbeliever – for those, their deeds have become worthless in this world and the Hereafter, and those are the companions of the Fire, they will abide therein eternally (Qur’an 2:217).
The Tafsir al-Qurtubi, a classic and mainstream exegesis of the Qur’an, explains:
Scholars disagree about whether or not apostates are asked to repent. One group says that they are asked to repent and, if they do not, they are killed. Some say they are given an hour and others a month. Others say that they are asked to repent three times, and that is the view of Malik. Al-Hasan said they are asked a hundred times. It is also said that they are killed without being asked to repent.
After that, Allah also forbids alcoholic drinks and gambling (v. 219). Several early authorities — Ibn `Umar, Ash-Sha`bi, Mujahid, Qatadah, Ar-Rabi` bin Anas and `Abdur-Rahman bin Aslam — say it was the first of three verses to be revealed on this subject, and that would mean that the other two would take precedence over it. Here Allah says that there is “some benefit” in alcohol, but in 5:90 he says that it is “Satan’s handiwork,” which would rule out the ol’ demon rum as being beneficial at all.
Then Allah forbids Muslims to marry “unbelieving women” (v. 221). Ibn Kathir records a large amount of disagreement among Islamic authorities over whether this prohibition applies to Jewish and Christian women, or just to polytheists. However, he notes that there is Ijma — consensus — among Islamic jurists that such marriages are allowed, although of course Muslim women are not allowed by any school of Islamic law to marry Jewish or Christian men.
In a culture that requires women to be utterly subservient to men, these unequal laws ensure that non-Muslim communities remain subjugated, not enjoying equality of rights or equality of dignity with Muslims.