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Yours,

Living Shari`ah Editing Desk

First, the intent behind that sacrifice is exclusively for the sake of pleasing God and supporting His cause. Prophet Muhammad (peace and blessings be upon him) indicated that a person who fights for the sake of war spoils or fame or for Nero nationalism (may people right or wrong) does not fight for the sake of God.

Second, fighting is allowed only for restricted causes explained in the Qur'an mainly repelling unprovoked aggression or resisting severe oppression.

Third, since fighting and martyrdom for that matter involves loss of life, human suffering, and destruction of property, it is a hated act (Qur'an: 2:16). It should be resorted to until all peaceful and just means have been tried to stop aggression or oppression and restore peace and justice. If this is not possible, then fighting and hence martyrdom may be comparatively a better measure than the continuation of aggression and oppression against the innocent.

Fourth, the ethical behavior of the person must be within the boundaries of Islamic law, including refraining from hurting non-combatant (especial mention was made by the Prophet (peace and blessings be upon him) of children, elderly, women who are not fighting, clergy, and others who are not carrying arms or committing aggression. It also includes refraining from killing the injured, mutilating the body of the dead and mistreating the prisoners of war. Strict regulation is given to avoid cutting down fruitful trees, burning property for no compelling strategic reason or what we call today destroying the infrastructure of the country such as electrical supplies, water supplies, sewage systems, and non-military structures. It even prohibits killing animals except for food.

First: those who treated as martyrs in the Hereafter but not in this life, which means that they are endowed with the lowest degree of martyrdom, yet they must be washed and be given funeral prayers like others. Examples of this category are those who die because of a painful and tragic death such as drowning, burning, those who die under collapsed buildings and a woman who dies while giving birth to a baby and because of it.

Second: those who are treated as martyrs in this life (such as not being washed or given funeral prayer). This applies to people who are killed in the battlefield, yet he committed an act of betrayal before his death such as taking for himself part of the war spoils instead of delivering it in full to commander of the army.

Third: those who are treated as martyrs in this life and in the Hereafter. This applies to those who are killed in the battlefield in a legitimate combative Jihad for the sake of Allah, even if he died in an operation that required that he sacrifices his life for the benefit of other vulnerable people.

Not every "suicide" bomber is a martyr if that action violates any of the conditions detailed in the answers to the first question (Mr. Jacob). It should be made clear that defense against unprovoked aggression and resistance to reduce oppression are legitimate causes for combative jihad provided that all other conditions, qualifiers and ethics of war are strictly observed. It should also be noted that in all nations and according to the UN charter and international law, the Islamic causes are basically the same. Also, it should also be noted that all nations and peoples have lots of praises for those who not only put their lives on the line but also sacrifice their lives for what they consider as defense for their country or people.

It is known that people from various backgrounds sacrificed their lives in a way that many may classify as "suicidal operations" such as the Japanese pilots in the Second World War. Also operations by some highly courageous western fighters against Nazism.

Distinction should be made between Shari`ah (the broad higher objective of Shari`ah and its stable, definitive, and unchangeable provisions, and jurisprudence which refers to interpretation and applications of Shari`ah as it applies to a particular time, place, environment, and sometimes to a particular case or situation. It should be made clear that interpretations may vary as they are fallible human effort that may be proven erroneous and in some cases contrary to the integrative approach to understand the letter, spirit and higher objectives of Shari`ah.

As for the your question about which category their actions would be classified under, some actions are based on erroneous interpretations and can be classified under hirabah or spreading mischief on earth, some may be well-intended but misguided. A classical example of that are the Khawarj (dissenters) who were very devout yet tragically erroneous and engaged in illegitimate bloodshed and atrocities even against their fellow Muslims.

Yours,
Living Shari`ah Editing Desk