The Ultimate Appropriation and the Justness of War Against the Infidels

"[Islam] is the religion of Jihad in the way of Allah so that Allah's Word and religion reign supreme."
Osama bin Laden

"It is alleged in popular stories [and only God knows the truth] that Amina d.Wah, the mother of God's messenger, used to say when she was pregnant with God's messenger that a voice said to her, 'You are pregnant with the lord of this people and when he is born say, 'I put him in the care of the One from the evil of every envier; then call him Muhammad'. As she was pregnant with him she saw a light come forth from her by which she could see the castles of Busra in Syria."
Ibn Ishaq

"Why should you not fight in God's cause and for those oppressed men, women, and children who cry out, 'Lord, rescue us from this town whose people are oppressors! By your grace, give us a protector and helper!"?
Qur'an 4:75

"...what is the religion of Abraham, and how did he come to practice it? At 3:65-67, Jews and Christians listening to the Qur'an are challenged: 'Why do you argue about Abraham when the Torah and the Gospels were not revealed until after his time? . . . Abraham was neither a Jew nor a Christian. He was upright, in a condition of submission 'Hanifan musliman'.' That Abraham's submission is to God is indicated by what immediately follows: 'and he was not with the idolaters'. That the submission is not mediated by Jewish or Christian sources is important, as is the obvious fact that Abraham's religion is also not mediated by the Qur'an. All these texts come after Abraham's discovery of true faith, which provides the paradigmatic example of the religious potential of human reflection."

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War is a means to a political end, which is the establishment and governance of a political-territorial association governed by Islam.

We may take this further: the establishment of an Islamic state is itself a means by which the Muslim community can carry out its divinely mandated mission of calling humanity to the relationship with God signified by submission, al-islam. In this connection, war is a means to a political end [establishing an Islamic state], which is itself a means to an overarching religious goal [calling humanity to Islam]. This approach suggests that there is nothing particularly good or bad about war in itself. It is a means to an end, and should be viewed as such. Resort to war is thus a matter of estimating its probable effectiveness in attaining certain goals. Notions of just conduct in war are similarly suggested by the desire to gain particular objectives.

"Whenever God's Messenger sent forth an army or a detachment, he charged its commander personally to fear God, the Most High, and he enjoined the Muslims who were with him to do good.
He said: Fight in the name of God and in the path of God. Fight the mukaffirum [ingrates, unbelievers]. Do not cheat or commit treachery, and do not mutilate anyone or kill children. Whenever you meet the mushrikun [idolaters], invite them to accept Islam. If they do, accept it and let them alone You should then invite them to move from their territory to the territory of the emigres. If they do so, accept it and leave them alone. Otherwise, they should be informed that they will be in the same condition as the Muslim nomads in that they are subject to God's orders as Muslims, but will receive no share of the spoil of war. If they refuse, then call upon them to pay tribute. If they do, accept it and leave them alone. If you besiege the inhabitants of a fortress or a town and they try to get you to let them surrender on the basis of God's judgement, do not do so, since you do not know what God's judgement is, but make them surrender to your judgement and then decide their case according to your own views. But if the besieged inhabitants of a fortress or a town ask you to give them a pledge in God's name or in the name of God's Messenger, you should not do so, but give the pledge in your names or the names of your fathers. For if you should ever break it, it would be an easier matter if it were in the names of you or your fathers."
Shari'a reasoning on war

"I asked: If the Muslims besieged a city and its people positioned behind the walls shielded themselves with Muslim children, would it be permissible for the Muslim fighters to attack them with arrows and hurling machines?
He replied: Yes, but the warriors should aim at the inhabitants of the territory of war and not the Muslim children.
I asked: Would it be permissible for the Muslims to attack them with swords and lances if the children were not intentionally aimed at?
He replied: Yes.
I asked: If the Muslim warriors attack with hurling machines and arrows, flood cities with water or burn them with fire, thereby killing Muslim children or men, or enemy women, old men, blind, crippled, or lunatic persons, would the warriors be liable for blood money or acts of expiation?
He replied: They would be liable neither for blood money nor for acts of expiation."

Arguing the Just War in Islam . . . John Kelsay, Professor of Religion, Florida State University