Commentary
It will be recalled that a cease-fire agreement with the Quraysh of Makkah was concluded at Hudaibiyah in the Hijrah year 6. That the Quraysh will not stick to the agreement was foretold in verse 7 of Su-rah At-Taubah: كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ (how can the Mushriks have a treaty...). Then, came verses 8, 9 and 10 with the causes of their pledge breaking. And in the 11th verse it was announced that, despite having broken their solemn covenant, if these Mushriks become Muslims and start expressing their faith in Islam through prayers and fasting, then, Muslims are duty-bound to keep their present dealings with them free of any effects from the past. In fact, they should take them to be their brothers in faith and treat them as such. In verse 12 cited above, Muslims have been told about the course of action they should take in the event these people do break their pledge, as prophesied earlier.
The actual words of the text read: وَإِن نَّكَثُوا أَيْمَانَهُم مِّن بَعْدِ عَهْدِهِمْ وَطَعَنُوا فِي دِينِكُمْ فَقَاتِلُوا أَئِمَّةَ الْكُفْرِ (And if they break their oaths after they have made a covenant and speak evil of your Faith, then fight the leaders of infidelity - 12). It is worth noting that the present situation in the text demanded the use of فَقَاتِلُوھُم (faqatiluhum: then fight them). The Holy Qur'an has said: فَقَاتِلُوا أَئِمَّةَ الْكُفْرِ (then fight the leaders of infidelity) which bypasses the use of a shorter pronoun at this place. The word: أَئِمَّةَ (a'immah: leaders) is the plural of Imam. The sense is that these people by breaking their word of honor turned into leaders of infidelity and thus became deserving of a war against them. This statement also carries the wisdom and justification of the command to fight. Some commentators say that ` leaders of infidelity' at this place refers to the chiefs of the tribe of Quraysh in Makkah who kept on instigating people against Muslims and remained busy making war preparations.
Fighting against them was particularly mentioned because these people were the real source of power the Makkans were credited with. In addition to that, since they were the ones with whom Muslims had bonds of close kinship, there was the possible apprehension that some concession could be granted in their case.
Honest critical study of Islam by Protected Non-Muslim Citizens of Dar al-Islam is possible - vilification is not
Some commentators have interpreted the words: (speak evil of your faith) to mean that speaking evil of the Faith of Muslims is included under contravention of pledge. A person who speaks evil of Is-lam and the Shari’ ah of Islam cannot continue to be a party to the treaty with Muslims. But, according to a consensus of Muslim jurists, it means vilification that is done to insult and belittle Islam and Muslims, openly and publicly. Honest intellectual criticism while conducting research into problems and rulings remains exempt from its purview - then, it is not supposed to be vilification in its lexical sense.
Therefore, for non-Muslim citizens of Dar al-Islam, any honest intellectual criticism can be allowed, but what cannot be allowed is vilification, contempt, insult or outrage against Islam.
In the same verse (12), it was said: إِنَّهُمْ لَا أَيْمَانَ لَهُمْ ,(in fact, they have no oaths). The sense is that these are the kind of people none of whose oaths are trustworthy - because, they are addicted to breaking their oaths and committing breaches of trust. Then, the use of the plural form of oaths here could also mean: ` when they broke their oath, they also absolved Muslims of any responsibility for their oath and pledge.'At the end of verse 12, it was said: لَعَلَّهُمْ يَنتَهُونَ (so that they may stop). This last sentence tells us that the objective of Jihad carried out by Muslims should never be the conquest of countries like common kings or to hurt the enemy and to take vengeance as belligerent people around the world would love to do. Instead of doing anything like that, when it comes to fighting that they must, the driving objective should be compassion for the enemy, the empathy and the desire that they would stop doing what was not right.
