They have clear reference to the persecution, to stop or remove which they enjoined fighting, and this was fighting in self-defence obviously.
They also show that the Meccans had not desisted from persecuting and attacking the Moslems, and therefore 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.
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.]
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.)