erefore a provision was made that if they
discontinue their incursions, there will be no more hostility. This is
quite sufficient to show that these verses relate to the defensive wars
of Mohammad.
[Sidenote: 101. All injunctions local and for the time being.]
Lastly, supposing the Koran permitted waging aggressive wars against the
Meccans, who were the first aggressors, this does not corroborate the
theory or principle of the Common Law of making lawful aggressive wars
in future on the authority of these verses, as all of them in the Koran
on the subject of war relate only to Pagan Arabs, who had long
persevered in their hostility to the early Moslems or to the Jews, who,
being in league with the Moslems, went over to their enemies, and aided
them against the Moslems. These verses are not binding on other persons,
who are not under the same circumstance as the Moslems were under, at
Medina. [See para. 90.]
[Sidenote: 102. Ainee quoted and refuted.]
Another commentator of the Hedaya, Ainee[297] (who died in 855) follows
Kifaya already quoted, and mentions some other verses of the Koran on
the war of aggression, which the author of Kifaya has left uncited in
his work. They are as follows:--
"... Then do battle with the ringleaders of infidelity,--for no oaths
are binding on them--that they may desist."--(Sura IX, 12.)
"War is prescribed to you, but from this ye are averse."--(Sura II,
212.)
"March ye forth, the light and heavy, and contend with your substance
and your persons on the Way of God."--(Sura IX, 41.)
The first verse when it is complete runs thus:--"But if, after alliance
made, they break their oaths and revile your religion, then do battle
with the ringleaders of infidelity,--for no oaths are binding on
them--that they may desist;" and fully shows by its wording that it
relates to the war of defence, as the breaking of alliances, and
reviling of the Moslem religion were the grounds of making war with the
object in view that the aggressors may desist. This verse is one of
those in the beginning of the ninth Sura, which have already been
discussed.--(_Vide_ pages 51-55.)
The second verse (II, 212) does not allow a war of aggression, as the
next verse (II, 214) expressly mentions the attacks made by the
aggressors on the Moslems. It has been quoted at full length in page 18.
The third verse (IX, 41) was published on the occasion of the expedition
of Tabuk, which was certainly a defensive mea
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