Now, there are only two verses in the Koran (Sura II, v. 245, and Sura IX, v. 124) containing an absolute or non-conditional injunction for making war against the unbelievers. Perhaps you may be able to detach some more sentences, or dislocate some half verses from amongst those given under the head of conditional. But these absolute, as well as those detached and dislocated parts of some other verses will not, by any rule of interpretation, show absolute injunction to wage war against the unbelievers without any provocation or limitation. There is a rule in the exegesis of the Koran, as well as in other Scriptural interpretations, that when two commandments, one conditional, and the other general or absolute, are found on the same subject, the conditional is to be preferred, and the absolute should be construed as conditional, because the latter is more expressive of the views of the author than the general which is considered as vague in its expression.
The rule is:—Where a passage which is ambiguous, or which contains any unusual expression, or in which a doctrine is slightly treated, or is in general terms, must be interpreted agreeably to what is revealed more clearly in other parts, or where a subject is more clearly discussed. A single or general passage is not to be explained in contradiction to many others restricted, conditional, and limited consistently with them, and with proper reservations.
94. The Common Law and its commentators.
It is not to be wondered that the Mohammadan legists or the compilers of the Common Law are wrong in this point. Because, as a rule, or as a matter of fact, they have compiled the Common Law from different sources irrespective of the Koran, and the commentators of the Common Law take the trouble of vindicating its views, principles and casuistries, and justifying the Moslem conquests under the Khalifs by the authority of the Koran. Then only they commit the unpardonable blunder of citing isolated parts of solitary verses of the Koran, which are neither expressive enough nor are in general terms. In doing so, they avoid the many other conditional and more explicit verses on the same subject.
95. Kifaya quoted.
The author of Kifaya, a commentary on the Hedaya, who flourished in the seventh century of the Hegira, remarks on the words of the text, "The destruction of the sword is incurred by the infidels, although they be not the first aggressors," already quoted in the 92nd para., and says; "Fighting against the infidels who do not become converts to Islam, and do not pay the capitation-tax, is incumbent, though they do not attack first." The author of the Hedaya has mentioned this aggressive measure specially, because apparently the words of God, "if they attack you then slay them,"[294] indicate that the fighting against the unbelievers is only incumbent when they fight first, but, however, such is not the case. It is incumbent to fight with them, though they be not the aggressors.[295]
96. Further quotation.
The same author writes in continuation of the above quotation, and attempts to reconcile his theory with the numerous precepts of the Koran, which do not permit the war of aggression:—
"Know, that in the beginning the Prophet was enjoined to forgive, and withdraw from those who joined other gods with God. God said, 'wherefore dost thou forgive with kindly forgiveness, and withdraw from those who join other gods with Me.'"