Starting a war is Islam is permissible only for fending off aggressors and lifting victims of persecution to a decent life standards. Islam cherishes and preserves human lives regardless of religious affiliation. According to Islamic teachings, the killing of one person is tantamount to a large scale carnage that puts an end to all human race.

Surrah Al-maeda of the Holy Quran verse 32 reads

“…if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people…”

Wars had never been launched to spread the message of Islam. Those who have embraced Islam had never been coerced to do so. They were convinced of the truthfulness of its message and had full freedom to choose their own course in life.

Verse 256 of Surrah Al-baqra reads :

”Let there be no compulsion in religion…”

In the after math of Islamic conquests, throughout history people of the land were given freedom to choose embracing Islam or paying protection taxes for the Muslim army. Levying that tax was justifiable as non Muslims were not drafted.

The fundamental reasons for going to war is repulsion of acts of aggression. In series of verses 190-194 of Surrah Al-baqarra of  the Quran teachings strictly prohibits belligerency towards non combatants.

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

191And slay them wherever ye catch them, and turn them out from where 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.

192  But if they cease, Allah is Oft-forgiving, Most Merciful.

193  And fight them on until there is no more Tumult or oppression, and there prevail justice and faith in Allah. but if they cease, Let there be no hostility except to those who practise oppression.

194  The prohibited month for the prohibited month,- and so for all things prohibited,- there is the law of equality. If then any one transgresses the prohibition against you, Transgress ye likewise against him. But fear Allah, and know that Allah is with those who restrain themselves.”

However the right of self-defense which has only recently been introduced by positive legislators had  well been enshrined in is Islamic jurisprudence.

War may also be declared in order to lift persecuted people who face  wanton aggression.

Verse No. 75 of Surah Al-nissa reads

And why should ye not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)?- Men, women, and children, whose cry is: "Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help!"

In a speech attributable to the Prophet Mohamed (PUBH), he advised against killing innocent people were reiterated to two army leaders at two different mobilization occasions namely to Ali Ibn Abitalib and Moaaz Ibn Jabal

“ Don’t kill people prior to preaching them for Islamic faith. Don’t kill any of them even if they decline your invitation to become Muslims. Don’t engage in fighting unless they start it and you are sure that they have already killed one of you. Should this happen produce them the dead and show self-restraint by insistence on preaching to the right path. Success in converting a person is more rewarding than acquiring wealth as enormous as areas that receives sunlight.

This legacy introduced the principles that govern war proclamation prior to restoring to real engagement. It a principle that positive laws credited only in 1907 during the Hague conference. Baron Mitchell de  Top mentions in one of his books that

“ The principles of war proclamation were identifiable in the writings of prominent Muslin jurists such as Hassan Al-bassri, Baghdadi and Mawarddi. He added that the most miserable time of the European history witnessed feudal anarchy as all human race had been in deep despair. The Islamic world taught principles of genuine humanness that helped people to large extent since their application in during the middle ages in Roman, Germanic and Byzantine areas. They are therefore worth of high esteem.

The European world drew useful lessons from Islam which established the distinctions between combatants and civilians. This concept which is now a source of pride in the western world was plagiarized and no more attributable to the Islamic thought.

The Prophet of  Islam would issue standard orders to all commanders about to set out on military operations

“ March in the name of Allah and don’t betray your faith” “ March in the with the blessings of Allah and don’t kill the old, nor children, no infants nor women and refrain from excesses as Allah loves those who do good deeds”and “do not kill progeny nor salves” “ Do not kill monks”

During one of the battles the prophet was angered when he saw the body of a dead woman and clearly advised againts that saying

“ She shouldn’t have been involved in fighting”.

This indicates the truth in the dubbing of the prophet Mohamed as

“the Merciful, the Compassionate”

Historians also tell us that the first caliph of Islam Abu Bakar Assidiq observed the same tradition while seeing off the first crusades. He also gave his men instructuions :

“Don’t betray your faith, don’t go to accesses, don’t slaughter unarmed civilians, do not mutilated the dead, don’t kill children nor the old nor women. Don’t uproot palm trees, don’t commit arson, don’t cut off fruit bearing trees and don’t slaughter goats nor cows nor camel except for securing food. You will encounter monks who are devoted to worship. Don’t disturb them and leave them alone in their monastic cells.”

The same orders were repeated to the commander of the troops heading for the Levant, Abu Bakar Yazeed Ibn Abi Sifyan and added

“ Don’t fight the injured because they have lost parts of their bodies. State your comments succintly as you will get credit only when your message gets through, accept what people tell you in confidence and leave the issue of concealed plots to Allah. In order to avoid scandals, don’t detain your solders and don’t neglect them lest they would go astray. I leave you under Allah protection whom we trust to safeguard our valuables”

Likewise the second caliph of Islam Omar Ibn – Alkhatab gave recommendation to the Muslim army

“ In name of Allah and with His support proceed with your march. advance with blessings of Allah. You will attain victory with patience and application to hard fight.

fight in self-defense but don’t start wars as thy lord loveth not the aggressors. Don’t behave cowardly when real engagement occurs, don’t mutilate the dead in spite of your power, don’t commit atrocities when you have the upper hands, don’t slay women, nor elderly men nor newborn babies. Stand in earnest when knigts engage, at times when heartbeat accelartes and when thrust are mounted. Don’t assosciate holy wars with life allurements and then rejoice in the bargain which ye have concluded: that is the supreme achievement.

That a summry of the dos and don’ts of the holy war in Islam which clearly establish how compassionate and perfect Islamic teachings are in comparison with positive legislations. It is by no means comparable to recommendations drawn from the international and civil rights law and future expectations of jurists well versed in positive laws.