2020

Marawi Siege: Beyond

Jihad
KAREN FAITH ALABOT
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I. INTRODUCTION

It is quite easy now a days to take a Holy book like the Qur’an read a verse from it and take

it out of context. This is particularly so if we are dealing with an important significant concept

such as Jihad. On May 23rd, 2017 marks another Dark History of the Philippines when Marawi

City was siege by the Maute-ISIS group. Islam was the common religion between the

Maranaos and the Maute-ISIS group. ISIS is a jihadist organization that aims to create an

Islamic state called a caliphate across Iraq, Syria and beyond. The group is implementing

Sharia Law to establish a society that mirrors the region's ancient past. But the group’s actions

on creating an Islamic State contradicts the concept of Islam. On the other hand, A Muslim is

the one who is under the peaceful and safe shade of Islam. But what this wars say a lot to the

Maute Group is that the group has been used to be a military protection from the United States

most wanted terrorist Isnilon Hapilon who pledged allegiance to ISIS in 2014, accordingly.

Thus, the concept of proclamation of Jihad will help determine the readers to fully understand

the notion of Jihad in behalf of Islam and correlate whether the siege happened in Marawi City

is Beyond Jihad or Not.

This paper focuses and limits on the various aspects why Marawi City was being siege by

the Maute-ISIS Group and if it is correlated to jihad, The Understanding of Islam and its legal

grounds of declaring jihad.

The main objective of this research is to contribute to the reader adequate information and

plenteous background on the grounds of whether the occurrence in Marawi City is beyond

Jihad. It will look into the aspects of Islam that seem relevant to Marawi Siege perpetrated in

its name, various aspects of Islamic culture, historical aspects of Islamic revivalism, and

motivations and other causes of Marawi Siege.

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 The researcher gathered information through the use of library sources such as the books,

newspaper and other related reading texts which served as the principal source of the study. In

addition, internet has been extensively explored to establish diverse schools of thought and has

been one of the main sources of data collection. Furthermore, the conclusion/s made by the

researcher will be supported on the collected readings gathered.

II. Overview of the religion Islam

There have been a number of historical and contemporary writings on the variety of

subjects related to Islam.

A. What is the meaning of Islam?

Thomas Lippman, in his book Understanding Islam, describes Islam as a religion of peace

and submission to the will of God. According to him, “Islam is an Arabic word that means

submission- submission to the will of God. Muslim, its principal form means one who submits.

The root is the same as that of the word for peace, salaam” (Lippman, 2002)

It has also been translated as “peace” by many writers and scholars. The Qur’an defines it

as submission to the will of God and reinforces the definition of Lippman. Islam has been

described as not only a religion, but a way of life. As in Azzam’s book, The Eternal Message

of Muhammad, “Islam is a faith, a law, a way of life, a nation, and a state, with a system of

jurisprudence that is continually evolving for the administration of this world and the

satisfaction of human needs under the sovereignty of our creator. Islam’s Kingdom of God on

earth, with its faith, its laws, piety, rituals, society, and state, is the prelude and the means to

the afterlife” (Azzam 1965).

According to John Esposito, in his book Islam The Straight Path, He describes God and

the Prophet’s guidance that the Muslim community has a mission to create a moral social order

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and has influenced Muslim practice throughout the centuries, providing a rationale for political

and moral activism. He explains the Islamic law’s importance in the life of Muslims. He states,

“Law is the primary religious science in Islam. Once committed to Islam, the believer’s

overriding concern and question is what do I do; what is God’s will/law?” (Esposito, 1998).

He indicates that Sharia, the Islamic law, has remained central to Muslim identity and practice.

He states that Sharia has been based upon two primary sources: Qur’an and Sunna. As these

primary sources do not provide an exhaustive body of laws, ijma (consensus) and qiyas

(analogical reasoning) became important factors in defining the Sharia. As jurists applied their

own reasoning to interpret Islamic law, it resulted in a number of differing legal opinions. This

was finally addressed by evolving consensus of scholars, the ijma. However, some legal

development did occur which led to the acceptance of a fatwa issued by mufti, a legal expert

as a basis for the law’s interpretation. These formal written legal opinions became part of the

collection of fatwas that transitioned to authoritative legitimacy in their own way (Espisito,

1998). This leads to the notion of certain unclear parts of the law that can be interpreted in

different ways.

This notion of uncertainty has been discovered in most of the publications, articles, and

interviews of Islamic scholars. In the book War, Terror & Peace, T.P. Schwartz-Barcott tried

to establish a link between peace, terror and war in Qur’an and in Islam. Some passages in

Qur’an, he says, imply that world peace might endure if all nations and people convert to Islam.

On attacks by non-Muslims, he indicates that Muslims are to invest heavily in defending their

far borders and all Muslims must be willing to support a war effort in some way. He also

declares that the Qur’an compels believers to exert themselves to spread the belief in Allah

over the entire world, which can be done in four different ways: by his heart, his tongue, his

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hand, and his sword. But all Muslims are obliged to engage in some form of jihad until the

entire world has converted to Islam. He further states that anyone within the community who

does not support the war effort fully and whose lack of support.

B. The Five Pillars of Islam

In the article of Islam, Pillars of in Encyclopædia Britannica (2013) stated that there are

five obligatory duties every Islam followers attain and those are as follows:

1. The Muslim Profession of Faith (Shahādah)

In the list of the five Pillars of Islam (arkān al-Islām), the number one of it is the Shahādah.

Shahādah must be declaimed at best in every followers of Islam, Muslim, once in a lifetime,

aloud, correctly, and pusposively, with a complete understanding of what Shahādah signifies

and whole heartedly. In addition to that it was also indicated in the article; “Shahadah (Arabic:

“testimony”), the Muslim profession of faith: “There is no god but Allah; Muḥammad is the

prophet of Allah.” (Encyclopædia Britannica, 2013)

2. Daily prayers (Salāt)

The followers of Islam, Muslims, must performed the daily ritual prayer as one of the five

Pillars of Islam (arkān al-Islām). Between the groups of Islamic scholars disputed as to

whether some writings about prayer in the Muslim’s Holy Book, the Qurʾān, are actually

references to the salat. Within the five ritual prayers performed during the lifetime of

Muhammad (peace be upon him), each preceded by ablution, were observed: ṣalāt al-fajr

(dawn), aẓ-ẓuhr (midday), al-ʿaṣr (afternoon), al-maghrib (sunset), and al-ʿishāʾ (evening).

However, in performing Salāts, alteration or limited delay is allowed if or during such special

circumstances as illness, a journey, or war. (Encyclopædia Britannica, 2013)

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 Furthermore, in spite of the fact that Salāt is allowable in every Muslim’s performance,

there is a special merit in a communal worship performed in the mosque. With their faces

turned in the direction of the shrine of the Kaʿbah in Mecca, behind the iman, or prayer leader,

the worshipers align themselves in parallel rows, who directs them as they execute the rakʿahs

(physical postures coupled with Qurʾānic recitations). (Encyclopædia Britannica, 2013) It was

also stated in the article:

“On Fridays, instead of the prayer just after noon, a

congregational prayer (ṣalāt al-jumʿah) is offered; it
includes two sermons (khutbah) delivered from the pulpit.
Special congregational prayers are offered in the middle of
the morning on the two festival days (ʿīds), one immediately
following the month of fasting, Ramaḍān, and the other
following the pilgrimage, or hajj. Although not obligatory,
individual devotional prayers, especially during the night,
are emphasized and are a common practice among pious
Muslims.” (Encyclopædia Britannica, 2013)

3. Almsgiving (Zakāt)

One of the five Pillars of Islam is a religiously required tax, the zakāt, to Muslims. There

is an imposed tax category by possession on the zakāt —food grains; fruit; camels, cattle,

sheep, and goats; gold and silver; and movable goods—and is allocated each year after one

year's asset. The religiously imposed tax as required by Islamic law, Sharia Law, varies with

the category. The zakāt will be given to the following including the poor and needy, the

collectors themselves, and “those whose hearts it is necessary to conciliate”—e.g., discordant

tribesmen, debtors, volunteers in jihad (holy war), and pilgrims. (Encyclopædia Britannica,

2013)

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 Under the state of caliphates operates the collection and disbursement of zakāt. In the

countries where the Sharia Law (Islamic Law) is strictly preserved such as the Saudi Arabia is

exceptional wherein in the modern Muslim world it has been left up to the individual. The

scholars,(ʿulamāʾ), who acts on behalf of Muḥammad al-Mahdī al-Hujjah (the Hidden Imam)

it is collected and disbursed among the Ithnā ʿAsharīyah (Twelver Shīʿites). (Encyclopædia

Britannica, 2013) it was also specified in the article that “The Qurʾān and Hadith (sayings and

actions of the Prophet Muhammad) also stress ṣadaqah, or voluntary almsgiving, which, like

zakat, is intended for the needy. Twelver Shīʿites, moreover, require payment of an additional

one-fifth tax, the khums, to the Hidden Imam and his deputies. It is intended to be spent for the

benefit of the imams in addition to orphans, the poor, and travelers.” (Encyclopædia Britannica,

2013)

4. Fasting during Ramadhan (Sawm)

In Islam, On the Muslim calendar and the holy month of fasting is on the nine month. It

begins and ends with the appearance of the new moon. (Encyclopædia Britannica, 2013)

According to article of Encyclopædia Britannicain the year 2014 entitled Ramadan, it was

elaborated that “Islamic tradition states that on the night of 27 Ramadan—the “Night of Power”

(Laylat al-Qadr)—Allah (God) revealed to the Prophet Muhammad the Qurʾān, Islam's holy

book, “as a guidance for the people.” For Muslims Ramadan is a period of introspection,

communal prayer (ṣalāt) in the mosque, and reading of the Qurʾān. Allah forgives the past sins

of those who observe the holy month with fasting, prayer, and faithful intention.”

(Encyclopædia Britannica, 2013)

In other words, Ramadan, however, is less a period of atonement than it is a time for

Muslims to practice self-restraint, in keeping with ṣawm (Arabic: “to refrain”), one of the

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Pillars of Islam (the five basic institutions of the Muslim religion). Although ṣawm is most

commonly understood as the obligation to fast during Ramadan, it is more broadly interpreted

as the obligation to refrain between dawn and dusk from food, drink, sexual activity, and all

forms of immoral behavior, including impure or unkind thoughts. Thus, false words or bad

deeds or intentions are as destructive of a fast as is eating or drinking. (Encyclopædia

Britannica, 2013)

5. The pilgrimage to Mecca (Hajj)

The hajj is the fifth of the fundamental Muslim practices and institutions known as the Five

Pillars of Islam. The pilgrimage rite begins on the 7th day of Dhū al-Ḥijjah (the last month of

the Islamic year) and ends on the 12th day. In Islam, the pilgrimage to the holy city of Mecca

in Saudi Arabia, which every adult Muslim of either sex must make at least once in his or her

lifetime. (Encyclopædia Britannica, 2013)

Accordingly, as it was emphasized in the Encyclopædia Britannica (2013) “The hajj is

incumbent on every Muslim who is physically and financially able to make the pilgrimage, but

only if his absence will not place hardships on his family. A person may perform the hajj by

proxy, appointing a relative or friend going on the pilgrimage to “stand in” for him or her.”

(Encyclopædia Britannica, 2013)

C. Division of World in Islamic Doctrine

In the book The Arab Mind, Raphael Patai portrays that the Sharia recognizes only one

indivisible Muslim identity, the Muhammadite nation that brings about the idea of the national

unity of all Arabs beyond the national boundaries. This has been expressed even more

succinctly in the Islamic doctrine due to division of the world into the dar al-Islam (House of

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Islam) and the dar al-Harb (House of War). He further describes how Muslims have spread

the idea that aggression against any individual Muslim country is aggression against all and all

Muslim lands must cooperate in fighting for the liberation of brethren who are under the yoke

of the enemies of Islam (Patai, 2002)

In addition, the holy Qur’an is the main primary source of Sharia. It encompasses various

chapters called “Sura” and different chapters cover various aspects of life. The main ayat

(verses) that have been the focus of contradictory thoughts and interpretations are as follows:

“Allah! There is no god but He,-the Living, the Self-Subsisting, Eternal.” (Qur’an 003.002)

“Then those who reject Faith in the Signs of Allah will suffer the severest penalty, and

Allah is exalted in Might, Lord of Retribution.” (Qur’an 003.004)

“Soon shall we cast terror into the hearts of the Unbelievers, for that they joined

companions with Allah, for which He had sent no authority: their abode will be the Fire: And

evil is the home of the wrong-doers!” (Qur’an 003.151)

“Say to those who reject Faith: ‘Soon will ye be vanquished and gathered together to Hell,-

an evil bed indeed (to lie on)!” (Qur’an 003.012)

“As to those who deny the Signs of Allah and in defiance of right, slay the prophets, and

slay those who teach just dealing with mankind, announce to them a grievous penalty.” (Qur’an

003.021)

“If anyone desires a religion other than Islam (submission to Allah), never will it be

accepted of him; and in the Hereafter He will be in the ranks of those who have lost (All

spiritual good).” (Qur’an 003.085)

“Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah

loveth not transgressors. And slay them wherever ye catch them, and turn them out from where

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they have turned you out; for tumult and oppression are worse than slaughter; but fight them

not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them.

Such is the reward of those who suppress faith.” (Qur’an 002.191-192)

“God has preferred in rank those who struggle with their possessions and their selves over

the ones who sit at home. (Qur’an 004.095)”

The study of these texts has been of interest to many scholars who have tried to raise serious

questions about the aspects of religious tolerance and use of violence in Islam. The main aspect

is the division of the world into Islamic and non-Islamic realms: dar al-Islam and dar al-harb.

(Esposito 1998)

1. The world of dar al-Islam (House of Islam)

Dar al-Islam is the portion of the world under Islamic rule. According to Islam, dar al-

Islam should expand until it includes the entire world and God commands Muslims to bring

all people under Islam (Khadduri 1979). According to the word of God and the prophet, the

Muslim community has a mission to create a moral social order. This command has influenced

Muslim practice throughout the centuries and provided a rationale for political and moral

activism. The holy Qur’an teaches transnational unity and equality of all believers before God

and it is the common faith that binds the community together (Esposito 1998). It also states

that the search for peace on Earth is a constant struggle against the devil that includes non-

believers; and world-wide peace on earth might endure if all nations and people convert to

Islam (Barcott 2004). This gives an impression that the primary source of Islamic law does not

recognize lasting peace on earth unless there is only one kingdom, the dar al-Islam.

In a similar case interpreted by a Maranao-scholar, Dr. M. Saber, in his article Jihad:

Natural Right of Defense he classifies dar al-Islam into four territories as follows:

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1.1. The Forbidden Territories – Meccas and Medina are considered forbidden to non-

Muslims. (Saber)

1.2.The Reserve Territories – where there is continuous Muslim control belongs to Iraq,

Syria, the Arabian Peninsula, Persia, Egypt and Afghanistan. (Saber)

1.3. The Canonical Territories – those territories which are governed by non-Muslim rulers,

but the practice of Islam is permitted to Muslim minorities – in the case of the

Philippines.(Saber)

1.4.The Irredentist Territories – previously controlled politically by Muslim rulers but were

later expelled, like Spain and now Israel. (Saber)

This could justify why Maranaos sympathize to Egypt, and some even would

engage voluntarily when on June 1987, the Israeli Army and Egyptian borders thru the

concept of dar al-Islam. (Saber)

“The consciousness of belonging to an international

brotherhood with a memory of 13 centuries of religious
traditions and a golden age of political and cultural pre-
eminence is far from dead in the Muslim masses, especially
in the Arab block of the Middle East. For them and for the
generality of Muslims everywhere the Dar-al-Islam is still a
reality and the nationalistic aspirations of the West are
artificial and unreal.” (O'Shaunessey, 1964)

2. The world of dar al-Harb (House of War)

Dar al-harb is the portion of the world not under Islamic rule. (Esposito 1998)

D. Division of discreet groups in Muslim Community

Based upon the religious outlook and orientation towards change, the Muslim community

can be divided into four discreet groups. (Esposito 1998)

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1. Muslim Community of discreet group Secularist

The first group may be labeled “Secularists.” These are Muslims who advocate restricting

religion to private affairs and its exclusion from public life. They believe that mixing religion

with politics is inappropriate and whosoever does that is actually manipulating Islam for own

political ends. (Esposito 1998)

2. Muslim Community of discreet group Conservatives

The second group is “conservatives” who represent the majority of the community. They

advocate a return to Islam and emphasize following past traditions. They are wary of

innovations that alter traditional Islamic law or replace it with new prescriptions. According to

them, “It is not the law that must change or modernize, but the society that must conform to

God’s will” (Esposito 1998)

3. Muslim Community of discreet group Neotraditionalists

The third group may be categorized as “neotraditionalists.” Like conservatives, they also

advocate return to Islam and the Sharia. However, they believe in going back to the

fundamental sources of Islam to reinterpret and apply them to contemporary situations. They

are more flexible than conservatives. They believe in political activism to challenge the

political and religious establishments and to revitalize their community. Movements like

Muslim Brotherhood and Jamaat-i-Islami follow this approach. (Esposito 1998)

4. Muslim Community of discreet group Reformists/Neomodernists

The fourth group is the most adaptable and may be labeled as “reformists” or

“neomodernists.” They believe that Sharia represents the understanding and interpretation of

the jurists who applied the principles and values of the early Islamic society. Hence, there is a

need to reformulate some aspects of the Islamic law in the light of the needs of modern society.

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They emphasize “Islamic modernization,” a process by which traditional Islamic values are

reapplied to meet the new social environment (Esposito 1998,

E. Islam possesses a tradition of revival and reform

In the book, Jihad and International Security, by Roshendel and Chadha, Islamic

revivalism is traced back to 1258 with the establishment of radical Islamic ideology by the

Muslim cleric Ibn Taymiyya. He suggested that Muslims need to return to their roots, to the

time when Islamic society was pure. He termed jihad as the most important duty for Muslims.

He also links the Taymiyya ideology to the mid-1700 Wahhabi movement. It was Muhammad

ibn Abd Wahhab, a Muslim cleric and Tahmiyya’s follower who proposed the idea of rebellion

against the Ottoman rulers because of their failure to implement Sharia. He wanted to establish

strict laws based upon Sharia and execute anyone who does not subscribe to his views of Islam.

The next phase began with the Ayatollah Khomeini seizing power in Iran in 1979. He called

for jihad against America and wrote that all secular power is the work of Satan and Muslims

must stop it.

Louise Richardson, in her book The Roots of Terrorism, terms Islamic revivalism as the

rise of political Islam. She traces its origin back to the 1940s with the rise of Egypt’s religious

writer Sayyid Qutb, who became an ideologue for militant jihad and Muslim extremist

movements. She states:

“Qutb’s revolutionary ideas have reverberated in the radical

rheoteric revolutionaries from Ayatollah Khomeini to Bin Laden.
For Qutb, jihad as an armed struggle in the defense of Islam against
the injustice and oppression of anti- Islamic governments and the
neocolonialism of the West and the East was incumbent on all
Muslims.” (Richardson, 2006)

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 She describes Qutb’s radicalized world view as a source for ideologies from the founder of

Egypt’s Islamic Jihad to Bin Laden and Al-Qaeda’s call for a global jihad.

In the book Islam The Straight Path by John L Esposito, Islamic revivalism is linked to the

Arab-Israel war in 1967. He explains that the loss of Jerusalem, the third holiest city in Islam,

and its sacred shrines was a major blow to Muslim pride and faith, resulting in a crisis of

confidence and identity. The “liberation of Jerusalem” became not only a regional political

problem, but also a worldwide (Islamic) religiopolitical slogan and issue (Esposito 1998, 161).

He further identifies the Iranian revolution of 1978-79 as an “Islamic revolution” due to the

prominence of Islamic ideology. He states that the initial impact of this revolution went far

beyond Iran. From Cairo to Kuala Lumpur, the reaffirmation of Islam offered an alternative to

the apparent failures of secular governments.

The same movement has also been described by Thomas W Lippman in his book

Understanding Islam. He refers to the Wahhabi and Muslim Brotherhood movements as

puritanical and reformist movements aimed at taking Islam back to its basics: man, God,

Muhammad, and the Qur’an. According to him, the Brotherhood movement included

restoration of the Caliphate and enforcement of Sharia, but the purely religious activities were

subordinated in an effort to rid Egypt of secularization, corruption, and foreign influence.

In the Policy Papers, “International Affairs” number 18, Contemporary Islamic Movements

in Historical Perspective by Ira M Lapidus, Islamic revivalism has been referred to as a Muslim

response to the breakup of the worldwide system of Muslim empires in the seventeenth and

eighteenth centuries. The reformers regarded the breakup of Muslim empires as a punishment

by God for not adhering to his principles and thus committed themselves to return to their

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foundational beliefs. He also regards the Wahhabi movement as one of the first major success

in Arabia and whose influence extended to other parts of the Muslim world.

Frontline has attempted to explore some of the questions about Muslim faith, its reputation

as authoritarian religion, and role of militancy in the Muslim world. A special two-hour film,

"Muslims,” investigates the different faces of Islam's worldwide resurgence. Reporting from

Iran, Nigeria, Egypt, Malaysia, Turkey, and the United States, Frontline told the stories of

Muslims struggling to define how Islam will shape their lives and societies. "Muslims" traces

the social, historical, and political roots of the renewed interest in Islam worldwide, beginning

at Cairo's Al Azhar Mosque-the oldest university in the world. It is here that viewers meet

Sheik Abdul Mauwith, an Islamic scholar who staffs the phones of Al Azhar's Fatwa

committee, responding to Muslims wanting to know what is right and wrong under Islamic or

Shariah Law. In a society increasingly shaped by Western influence, he encourages Muslims

to hold fast to the traditions of Islam (Frontline 2002).

III. Understanding the Concept of Jihad

According to John L. Esposito from his article Jihad: Holy or Unholy War?, he stated that

“Throughout history, (as in other faiths) holy books, sacred scripture has been used and abused,

interpreted and misinterpreted, to justify resistance and liberation struggles, extremism and

terrorism, holy and unholy wars.” Thus, in the history of Islam, jihad have been critical in term

of the belief and practice of it. Jihad has played a central role in Isla, from the rise of Islam and

the creation and expansion of the Muslim Community. (Esposito, 2006)

A. What is the meaning of Jihad

In the article Jihad: Natural Right of Defense interpreted by Dr. M. Saber, a Maranao

Scholar, he discussed that in Muslim religion and even in every religion such as Christianity,

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Judaism and Buddhism, it is prohibited to kill as it is consider to be a sin as stated “Thou shall

not kill". Nevertheless, but if someone’s life is in danger and it calls for self-defense to protect

one’s own life then there is "justified" killing that is use by ethical standard by Islam along

with others creeds. In fact, as we can observer in nature some particular florae is protected with

thorns as a means of defensive armors against invasion by man, animals, and insects. Thus,

“Naturals” as to self-defense to Muslims self-defense is "naturals."

The Jihad’s importance is originated in the Quran’s command to struggle (the literal

meaning of the word jihad) thru the illustration of the Prophet Muhammad (peace be upon

him) together with his early Companions and in God’s path. In its broadest meaning, “Jihad

refers to the obligation incumbent on all Muslims, individuals and the community through

preaching, education, example, writing, etc. Jihad also includes the right, indeed the obligation,

to defend Islam and the community from aggression.” (Esposito, 2006)

John L. Esposito testified again the importance of jihad as it originated in the Quran’s

command to “struggle or exert” (the literal meaning of the word jihad) oneself in the path of

God. To Muslim’s self-understanding, piety, mobilization, expansion and defense has a vital

significance to the Quranic lessons. (Esposito, 2006)

B. Three types of Jihad

According to Prof. Mohamad Abdalla in Life & Faith: Does Jihad mean Terrorism? he

stated that many leading Muslim scholars have define Jihad in its widest sense and so for

example, Imam Raghib Al Isfahani, a 12 century scholar of Quranic exoduses and an expert in

the Arabic language, said Jihad is of three types:1) Striving against the Enemy, 2) Striving

against the Satan and importantly, 3) striving against oneself. All of these three types are

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included in the verses in the Qur’an “Perform Jihad for the sake of God, a true jihad”. (Abdalla,

2016)

1. Striving against the Enemy

The type of legitimate jihad that involve combat and fighting is best known as qital and given

the very serious nature of this type of jihad and the distraction of life that may follow it is

govern by rules and regulations. (Abdalla, 2016)

The explanation of Jihad in Imam al-Dardir’s book Aqarab al-Masalik is that it is propagating

the knowledge of the Divine Law, commending right and forbidding wrong. He emphasized

that it is not permitted to skip this category of Jihad and implement the combative form, saying,

“the first [Islamic] duty is to call people to enter the fold of Islam, even if they had been

preached to by the Prophet (saws) beforehand.” Similarly, Imam Bahouti commences the

chapter on Jihad in his book Kashf al-Kinaa by showing the injunctions of collective religious

duties (kifaya) that the Muslim Nation must achieve before embarking on combative Jihad,

including preaching and education about the religion of Islam, dismissing all the uncertainties

about this religion and making available all the skills and qualifications which people might

need in their religious, secular, physical and financial interests because these constitute the

regulations of both this life and the life to come. Hence, da`wah—performing the activities of

propagating Islam and its related fields of knowledge—is the cornerstone of the ‘building’ of

Jihad and its rules; and any attempt to build without this ‘stone’ would damage the meaning

and reality of Jihad. (Shaykh Muhammad Hisham Kabbani, 2007)

2. Striving against the Satan

Since Islam means living in a peaceful environment that emerges as a result of submission

to God, the Qur’an asks that all humanity should embrace silm, that is, peace, and reminds us

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to avoid following Satan. As stated in the verse, “O you who believe! Come in full submission

to God, all of you, (without allowing any discord among you due to worldly reasons), and do

not follow in the footsteps of Satan, for indeed he is a manifest enemy of you (seeking to seduce

you to rebel against God, with glittering promises). (Qur’an, 2:208), Satan is the enemy of

peace. Accordingly this verse is followed by a reminder of God’s All-Glorious with irresistible

might if believers, “stumble and fall back” from following God’s way realize peace and

agreement. (Zuberi, 2006)

3. Striving against oneself

As stated by John L. Esposito (2006), Jihad as struggle pertains to the difficulty and

complexity of living a good life: struggling against the evil in oneself – to be virtuous and

moral, making a serious effort to do good works and help to reform society.

In addition, Muslim tradition reports that, when Muhammad (peace be upon him) returned

from battle, he told his followers “We return from lesser jihad to greater jihad.” The greater

jihad is the more important struggle against one’s ego, selfishness, greed and evil. (Esposito,

2006)

C. Particulars in determining a legitimate Jihad according to Scholars

The earliest Quranic verses dealing with the right to engage in a “defensive” jihad, or

struggle, were revealed shortly after the hijra (emigration) of Muhammad and his followers to

Medina in flight from their persecution in Mecca. At a time when they were forced to fight for

their lives, Muhammad is told: “Leave is given to those who fight because they were

wronged—surely God is able to help them—who were expelled from their homes wrongfully

for saying, ‘Our Lord is God’ ” (22:39–40). The defensive nature of jihad is clearly emphasized

in 2:190, “And fight in the way of God with those who fight you, but aggress not: God loves

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 not the aggressors.” At critical points throughout the years, Muhammad received revelations

from God that provided guidelines for the jihad. (Esposito, 2006)

Islam law’s regulations regarding the goals and legitimate means for a valid jihad.

(Esposito, 2006)

1. Determining the Target in Jihad

Firstly, that innocent civilians should not be targeted essentially if the target is an innocent

person, a non-combatant or a bystander then the act is considered prohibited in Islamic sacred

law. And this is based on a well-known principle in Islamic Law, Islamic Legal Maxim, which

simply states that “it is not permissible to kill the opponent’s women and children if they are

not in direct combat” and this is based on the prophetic prohibition on soldiers for killing

women and children is based on the Hadith of Ibn ‘Umar, related in:

“Imam Malik, Imam Al-Shafii, Imam Ahmad, Al Bukhari, Muslim, Ibn Majah, Abu

Dawud, Al Tirmidhi, Al Bayhaqi, Al Baghawi and so many others.”

In other words there is no doubt about this principles in Islamic Sacred Law that the killing

of innocent people, regardless of who they are and regardless of what justification one may

come up with such acts are prohibited in Islamic Sacred Law. (Abdalla, 2016)

2. Determining the Authority in Jihad

Secondly, the question of declaring war or not is trusted to the executive authority and to

its decision. Islam came to regulate lives and Muslim believe that God has given people a

divine law to regulate and facilitate people’s lives. To bring order to ones lives and not to bring

chaos and anarchy. And therefore, in a very important matter such as the declaration of war or

the signing of peace treaties in did not leave this matter to the wimps of individual or groups

but rather it is to be with executive authority and its decisions. A compliance with that decision

19
is the subject duty with respect to what the authority has deemed appropriate in this matter.

(Abdalla, 2016)

Furthermore, Muslim scholars threw out the ages have always said that the executive or its

subordinate authority has the option of whether or not to declare the war. Thus, the decision of

the authority on behalf of subject will dependent upon the public good. In other words,

anything that we say or anything that we do, we must always consider the public good or the

public interest especially on the matter of declaring war. So, jihad must be declared by the ruler

or head of state. (Abdalla, 2016)

3. Determining the Manner of Fighting in Jihad

And lastly, the most important in Islamic law is that it always prohibited the fighting and

the subjugation and the oppression and the harming of minority non-Muslim community living

amongst the Muslim who declared jihad. There is a total prohibition of the harming of the non-

Muslims especially those who live as a minority community among Muslims who to look after

them and to protect them. And there is no justification or what so ever in harming them as the

Prophet himself has said, “and he who harms a protected non-Muslim who is living among

Muslims then I shall be his adversary on the Day of Judgment.” Thus, the way of which the

killing is carried out or the fighting is carried out. That only the necessary amount of force

should be used to repel the enemy. (Abdalla, 2016)

IV. Causes of the Marawi Siege

It’s been more than a year since the Marawi siege shook the country. Going back to the

painful memories that brings the fateful day of May 23, 2017. In the article of CNN Philippines

(2018), Remembering the Marawi Crisis, recall the deadly siege as stated:

20
 “This time last year, fighters linked to the terrorist group Islamic State
(ISIS) stormed the capital of Lanao del Sur, launching a siege that lasted for
five months. The bloody war between the Maute Group and Government
forces prompted President Rodrigo Duterte to declare martial law in over all
Mindanao. What came to be known as the Marawi crisis ended in the
destruction of homes and lives, as well as the displacement of hundreds of
thousands.” (CNN, 2018)

A. The attempt of arresting the claimed leader of the IS branch in Southeast Asia

The war in Marawi City, in Southern Philippines began on May 23, 2017, after a botched

operation of the army and the police to arrest a leader of the Abu Sayyaf Group, a group known

for banditry, kidnapping and beheadings (ABS-CBN News, 2017; Fonbuena, 2017; Hincks,

2017). However, as it turned out, the arrest of Isnilon Hapilon, a wanted leader of the Abu

Sayyaf rebel group in Marawi City, allied with the Maute Group which supported ISIS. Maute

rebels moved to fend off the military operation, triggering a firefight. (Cabato, 2018) In

addition, Cabato stated in its article Remembering the Marawi Crisis: “footage provided by

the Armed Forces of the Philippines (AFP) later showed that the Maute group and foreign

terrorists had actually meticulously planned to capture Marawi to establish an ISIS caliphate

or “wilayat” in the region. (Cabato, 2018)

On the other hand, the military said that Washington has offered a $5 million reward for

information leading to Hapilon’s capture. Hapilon, an Arabic-speaking preacher known for his

expertise in commando assaults, has pledged allegiance to ISIS in 2014, according to security

officials. Thus, the so –called Islamic State (IS)-inspired Maute group tried to establish a

province of the Middle East-based terrorist organization in Mindanao. Dr. Rohan Gunaratna,

head of the International Center for Political Violence and Terrorism Research, said in an

interview over ANC expound that the Abu Sayyaf in Basilan led by Isnilon Hapilon is no

longer under Radullah Sahiron, the most senior lead of the Abu Sayyaf. He also emphasizes it

21
has “pledged allegiance to (ISIS leader) Abu Bakr Al-Baghdadi. . . so the Basilan section of

Abu Sayyaf. . . is directly reporting to Syria and that is why ISIS claimed this attack.” He

explain. (Phil Star, 2017)

Then the chaos began with reports that armed men took over Amai Pakpak Medical Center.

Netizens trapped in their homes shared videos of men in black patrolling the streets. A catholic

priest, Fr. Chito Suganob, was kidnapped. By evening, President Rodrigo Duterte declared

martial law over all of Mindanao – an order that would be extended until December 2018.

(Cabato, 2018)

B. Ideology of the Maute-ISIS Group

Cabalo (2018) said that the terrorists were composed of homegrown Maute group

members, and some 40 foreigners who hailed from Indonesia, Malaysia, Saudi Arabia, and

Yemen. There were over 900 men. She also stated that:

“one of their prominent leaders was Hapilon, who had been picked to be emir of an ISIS

caliphate in Southeast Asia. The chase for Hapilon set the Marawi siege in motion. The Maute

group was led by the Maute brothers, Abdullah and Omar. The AFP confirmed the deaths of

Omar and Hapilon in October, in the days leading up to the end of the siege. Abdullah and two

other Maute brothers, Madi and Otto, were reported dead a month earlier. Their parents were

arrested during the crisis. The Maute patriarch, Cayamora, died in August, but his wife,

Farhana, is still in police custody. Among the foreign nationals involved in the siege was the

Maute’s Malaysian financier, Mahmud bin Ahmad. His body is believed to have been one

among the 50 found under a collapsed building. Another foreigner, Indonesian Muhammad

In the article written by Euan Mckirdy, (CNN, 2017) Why victory in Marawi doesn’t mean

the end of ISIS in Asia he said that “ISIS had aspirations for Mindanao as a potential location

22
for ISIS’ wadiyah, or state, in Asia, appointing the local militant leader Isnilon Hapilon as the

region’s emir in 2014”. Sunstar also added Marawi city historically is the center of Islam in

Mindanao, a sprawling Island where violent resistance to authority has been a tradition since

the era of Spanish colonialism. This was further spurred in recent decades by poverty and the

neglect of successive governments. (Sunstar, 2017)

In addition, Military spokesman Lieutenant Colonel Jo-ar Herrara said the Maute brothers

enjoy strong support in Marawi City. “This is their place, this is where their family is, this is

where their culture is, and this is where the heritage is. There is huge sympathetic perspective

towards the . . . Maute” he said on his interview in Sunstar. (Sunstar, 2017)

V. Casualties of Marawi Siege

The Marawi City Siege, lasting five months, is considered by analyst Greg Fealy to

be the “most significant terror event in Southeast Asia in the last 15 years” (Morallo, 2017).

It gained extensive attention due to the security threat it posed to the Philippines and its

neighboring countries and the massive destruction of life and property. Fealy pointed out

that the siege has given the ISIS-inspired fighters a stage to fiercely showcase their strength

and intention of establishing a caliphate. In an interview, he pointed to the worsening

conditions in Syria and Iraq for Islamic State fighters forcing them to look for alternative

areas as a stronghold. The Philippines military forces’ inability to neutralized Maute-led

fighters was a factor that made Mindanao an attractive option for the radical fighters

(Morallo, 2017).

Cabato stated in their article Remembering the Marawi Crisis how much damage

the Siege brought to Marawi as:

23
 “Over 900 enemy fighters were killed, but so were 168 government
forces. Bangon Marawi estimated total damage and lost opportunities at Php
18.23 Billion pesos. The Marawi Grand Mosque was among the structures
the suffered huge damage. Military aerial bombings were widely criticized
by locals who complained these added to the destruction of the city. A total
of 13 troops were also killed in botched air strikes, but the AFP insisted the
bombings were needed to flush out terrorists. “Had it not (been) for the air
attacks, the armed conflict could have dragged on for years, and the
government simply cannot handle a security threat that long.” Adiong said,
citing the military explanation. However, the institute for Policy Analysis
of Conflict warned in a study that the destruction of Marawi could be
twisted by terror propagandists “to blame the government for the city’s
destruction.” (Cabato, 2018)

The Straits Times also agreed in Cabato’s article released by CNN when on October

15, 2017 an article, Philippine army says battle for Marawi to end soon, 1,000 dead,

released by The Straits Times stated:

“. . . The army previously set a target of Sunday to end the fighting in

Marawi, which it said has killed more than 1,000 people. Troops have missed
previous deadlines to flush out the militants whom authorities said intended
to establish a local ISIS caliphate. On Sunday FA-50 fighter jets flew over
Marawi as soldiers fought the militants house-to-house in an area which has
now shrunk to about five acres (two hectares), a military spokesman said.
“We are hoping that we will end this Marawi siege very soon,” Colonel
Romeo Brawner, deputy commander of the task force battling the militants,
told reporters. Pro-ISIS gunmen occupied parts of Marawi, the Islamic
capital of the mainly Catholic Philippines, on May 23. Since then 822
militants, 162 government forces and 47 civilians have been killed, Brawner
said . . . there were also 100 civilians in the zone including hostages and
families of the militants, he added. “Women and Children are now forced to
fight together with the Maute-ISIS fighters. These are desperate measures
the Maute-ISIS are doing. This is their last defensive stand,” Brawner said.”
(The Straits Times, 2017)

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VI. Conclusion

The review of various publications on the subject reveals that there is a contradiction

between two distinct schools of thought about Islamic teachings and its perceived meanings.

One school of thought refers its teachings as peaceful, harmonious and encompassing religious

tolerance. The other school of thought describes its teachings as radical, fundamentalist, and

lacking religious tolerance. The same texts from the existing primary sources have been

referred to by both the schools of thought, displaying its varied translations. The Islamic

revivalism has been linked to different Muslim movements by various writers. The main

objective of these movements is described as abiding by the Prophet’s words and the Sharia,

and renouncing modern cultural transformations. These movements have again referred to the

primary sources but in a manner suiting their cause. As per many other writers, these

movements have taken recourse to violence and adopted terror tactics in the name of religion,

but the foundational causes, which led to the success of these movements, are far from religion

alone. The research about Marawi Siege whether it is jihad or not establishes that there are a

variety of motivators for terrorism such as poverty, economic inequality, socioeconomic

changes, globalization, and state sponsorship. The religious ideology is used as a mean to

garner support for the political action, through which the wider grievances of the foundational

causes are expressed.

Thus, to sum up this research. In my opinion, there are certain circumstances like rules and

regulation in declaring jihad. There are various aspect we need to consider in declaring jihad.

Jihad in the form of fighting can be valid under certain circumstances such as defending one’s

own homeland against invasion and occupation or even helping others who are subjugated to

oppression and injustice even though they are non-Muslims and because of this nature of

25
seriousness in fighting it is heavily regulated. However, the killing of innocent people whoever

may be they are or even regardless what justification one may come up with such act is

prohibited as it is stated in Islamic sacred law. In addition, a Muslim soldiers may not kill any

women and or any children unless they are in direct combat. Moreover, they are high grounds

and consideration for a jihad to be legitimate, many factors to be considered. However, in what

happened in Marawi, based on my research the act of fighting was beyond jihad for there are

many innocent people have been killed such as women and children that are not in direct

combat. Yet people has its own rights and freedom of expression most especially in terms of

religious matters. Therefore, one cannot disguise under one’s religion to justify the killings of

innocent people or justify the killing of people who are not in direct combat with you. Today,

the siege in Marawi as a way of declaring war against others in a form of jihad is problematic

from the view point of Islamic law.

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