اسلامی فقہ الحرب کی عصری معنویت: تفسیراتِ احمدیہ کے منتخب جہادی احکام کا اختصاصی مطالعہ

The Contemporary Significance of Islamic Law of War: A Special Study of Selected Rulings on Jihad in Tafsirat-i Ahmadiyya

Abstract

This paper presents a detailed analysis of the jurisprudence of warfare (fiqh al-jihad) as articulated in Tafsirat-i Ahmadiyya, a seminal exegesis on the legal verses of the Qur'an by the 17th-century South Asian Hanafi scholar, Mulla Ahmad Jiwan Amethwi. The study introduces Mulla Jiwan's sophisticated legal framework, which provides clear distinctions between legitimate combat (qital) and the broader spiritual, social, and intellectual struggle of jihad. In an era marked by the politicization and misrepresentation of jihad, this research is necessitated by the urgent need to reclaim the concept from extremist narratives and ground it in its classical, juristic context. The significance of this study lies in its demonstration that the ethical and legal framework within the Hanafi tradition is not only compatible with modern humanitarian principles but often predates them, thus offering a powerful counter-narrative to claims of inherent conflict between Islamic values and contemporary international norms.The primary objectives of this research are threefold: first, to systematically extract and analyze Mulla Jiwan's interpretations regarding key wartime regulations, including the stringent protection of non-combatants, the absolute sanctity of treaties (Pacta Sunt Servanda), and the permissible scope of military deception and espionage. Second, to critically compare these classical tenets with corresponding principles in modern International Humanitarian Law (IHL), particularly the Geneva Conventions and the 'Principle of Distinction.' Third, to underscore the contemporary relevance of this framework in addressing modern challenges such as preemptive warfare, terrorism, and interstate relations. While broad scholarship on the Islamic law of war exists, a specific comparative analysis of Tafsirat-i Ahmadiyya, a cornerstone of the Indo-Pakistani Hanafi tradition, in direct dialogue with IHL remains a notable scholarly lacuna.To achieve these aims, the study employs a qualitative, comparative-analytical methodology. This approach involves a meticulous textual examination of the primary source, Tafsirat-i Ahmadiyya, juxtaposing its legal maxims with established norms found in contemporary international legal instruments and academic literature. Ultimately, this paper argues that the legal and ethical system detailed by Mulla Jiwan offers a robust, sophisticated, and humane paradigm for conflict management that provides valuable insights for Muslim jurists, policymakers, and international relations scholars alike, fostering a more informed dialogue on the ethics of war in the 21st century.