According to Islamic Shariah, whether it is the matter of an individual, group or ideological difference, persons who are not concerned or related to a particular action, cannot be held responsible for the action of others. For example, if the communal elements suppress or victimize members of Muslim minority of India, destroy the mosques and madrasas, it is not incumbent on the people of Muslim-majority areas to ill treat the Non-Muslim minority or destroy their places of worship. It is injustice and atrocity to blame someone not concerned with an act, for the act committed by others.
However, legitimate possible methods may be adopted for opposition to oppression and excesses. Holy Quran makes it clear, "Namely, that no bearer of burdens can bear the burden of another." (AI-Qamar, verse 38)
Before the advent of Islam, the custom of "Saar" was prevalent. If someone was killed, the members of the tribe of the victim had their revenge by killing a member of the tribe of the assassin. It was not necessary that the assassin be killed for revenge. In that process, several innocent persons got killed merely due to their affiliation with a particular tribe.
The Prophet (pbuh} strictly prohibited the practice as it belonged to the era of ignorance and darkness. As in the case of 'Saar' persons were killed due to their tribal affiliation, likewise killing persons on account of their religious, linguistic or national affiliation also is a crime. In the Age of Great Caliphate and subsequently, the just rulers did not interfere in the religious matters of their enemies, even during the battles.
During the crusade, Salahuddin Ayyubi did not victimize the Christians of Syria, Palestine and other places although he was at war with their co-religionists. Instructions in detail have been given in the books of Islamic jurisprudence & Sunnah about the treatment of Non-Muslim subjects and those under contract.
Islamic jurisprudence allows punishment of the culprit according to the gravity of the crime, permitting revenge equal to the injury caused. Pardon is preferred to punishment.
Holy Quran has several verses, elaborating the point, "And so for all things prohibited, there is the law of equality. If then anyone transgresses the prohibition against you, transgress ye likewise against him. But fear Allah, and know that Allah is with those who restrain themselves." (Surah Al Baqarah, verse 194) .
"And if ye punish, let your punishment be proportionate to the wrong that has been done to you: but if ye show patience, that is indeed the best (course) for those who are patient. "(Surah Al Nahl, verse 126)
It means that if you suffer injuries and if you are competent, you may take revenge of the same degree. Revenge is permitted but self-restraint or forbearance is preferable. If you are patient that would be better for you and those who are witness. (Fawaid-e-Usmani).
"Fight in the cause of Allah those who fight you but do not transgress limits; for Allah loveth not transgressors." (Surah Al Baqarah, verse 190)
Refraining from committing excesses in this context implies that during the battle, children, aged persons and women should not be killed. Revenge against a tyrant should be of defensive type, limited to the degree of injury suffered. The intention is to dissuade the tyrants and oppressors from committing further atrocities and excesses.
The orbit of suppression should not grow wider. Vindictive action against persons belonging to the tribe or the community of the assassin, but who have nothing to do with an atrocity, leads to further enlargement of the area of hostility. Accordingly Islamic Shariah permits action directly only against the culprit.
That covers all terrorist activities, which affect innocent persons, or others not directly or indirectly connected with the cause of hostility. There is no clear direction or instruction applying to kidnapping innocent persons for the acceptance of certain demands or slow torture with the intention of killing in the most inhuman and brutal manner.
However the principles laid down, prohibiting killing or targeting innocent persons are applicable to such cases also. Arson, racial cleansing, atrocities on people worshiping according to the practices laid down for their creed, rampage and destruction have no place in the teachings of Islam. Islam has strictly forbidden arson and murder of an envoy even in the course of battle.
The Prophet (Pbuh) has strictly forbid assassination in a brutal and painful manner. Likewise animals too should not be killed in that manner. Passengers of hijacked planes and persons taken hostage too, suffer in the same manner. Hijacking too is a threat to peace and freedom so it has no support in the Islamic Shariah. Such acts done, even with the most noble and great cause in mind have no justification under Islamic jurisprudence.
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