from the Prophet, however absurd and untenable may be
their process of reasoning and argumentative deductions. In this theory
of waging war with, and exacting tribute or the capitation-tax from, the
non-Moslem world, they quote the 9th and other Suras. These verses have
been copied and explained elsewhere in this book. The casuistic
sophistry of the canonical legists in deducing these war theories from
the Koran is altogether futile. These verses relate only to the wars
waged by the Prophet and his followers purely in their self-defence.
Neither these verses had anything to do with waging unprovoked war and
exacting tributes during Mohammad's time, nor could they be made a law
for future military conquest. These were only temporary in their
operations and purely defensive in their nature. The Mohammadan Common
Law is by no means divine or superhuman. It mostly consists of uncertain
traditions, Arabian usages and customs, some frivolous and fortuitous
analogical deductions from the Koran, and a multitudinous array of
casuistical sophistry of the canonical legists. It has not been held
sacred or unchangeable by enlightened Mohammadans of any Moslem country
and in any age since its compilation in the fourth century of the
Hejira. All the _Mujtahids_, _Ahl Hadis_, and other non-Mokallids had
had no regard for the four schools of Mohammadan religious
jurisprudence, or the Common Law.

[Sidenote: Sura XLVII, 16, and Sura XLVII, 4 and 5.]

Sura XLVIII, 16, is not generally quoted by the canonical legists in
support of their theory of Jehad, but by some few. It is not in the
shape of a command or injunction; it is in a prophetical tone:--

"Say to those Arabs of the desert who stayed behind, Ye shall be called
forth against a people of mighty valour; Ye shall do battle with them,
or they shall submit (_Yoslemoon_)[321]...."

The verses 4 and 5 of Sura XLVII, like all other verses on the subject,
appertain to the wars of defence, and no one has ever quoted them for
wars of aggression. These verses have already been quoted at page 85.
The abolition of the future slavery as enjoined in the 5th verse has
been treated separately in Appendix B. The Arabs, like other barbarous
nations round them, used either to kill the prisoners of war or to
enslave them; but this injunction of the Koran abolished both of these
barbarous practices. The prisoners henceforward were neither to be
killed nor enslaved, but were to be set at liberty wit