Why Surah 9:5 Is Not a Call to Kill Disbelievers – A Quranic Legal Perspective

By Naseer Ahmed, New Age Islam 10 April 2025 Abstract: Surah 9 Has Been Unfairly Dubbed The “Sword Verses” Due To Selective Quoting—Particularly Of Verse 9:5. A Contextual Analysis Reveals That These Verses Are Judicial Rulings Specific To A Group Of Treaty-Breaking Polytheists Guilty Of Treachery In War And Religious Persecution. The Quran Distinguishes Between Peaceful Polytheists (Mushrikin) And Treacherous Ones (Kafirin). The Punishment In 9:5 Applies Only To The Latter. Furthermore, Faith-Neutral Principles Such As Freedom Of Conscience And Justice Remain Central To Islam’s Message. The Four-Month Amnesty Allowed Peaceful Migration Or Acceptance Of Islam, Preventing Any Bloodshed. This Article Clarifies That The So-Called Sword Verses Are Not Calls To Indiscriminate Violence But Just Responses To War Crimes, Reinforcing The Universal And Moral Character Of The Quran’s Message. Surah 9 (At-Tawba) is frequently misrepresented through selective quotation—especially of verse 9:5—creating the misleading label “Sword Verses.” However, a careful and contextual reading reveals these verses to be judicial pronouncements targeting a specific group of polytheists who had broken treaties, committed treachery, and engaged in religious persecution. The first 29 verses of Surah 9 are among the last revelations, arriving after the battles of Hunain and Tabuk and about a year before the Prophet’s (pbuh) final Hajj in 632 CE. He passed away a few months later. These verses were revealed around 12 to 18 months after the peaceful conquest of Mecca in 629/630 CE, when the Prophet entered the city without resistance. Despite expectations of retribution, no blood was shed. Following Mecca’s fall, the Muslim ranks swelled. This surge led to overconfidence and an initial setback at Hunain, though Muslims ultimately prevailed. During this period, many Meccans accepted Islam, but some continued in polytheism. A final proclamation was made during the Hajj of 631 CE, pronouncing judgment only on the polytheists who had violated treaties and committed acts of hostility. Among them, some had violated treaties and acted with hostility. These individuals are referred to in the Quran as Kafaru or Kafirin—a legal term denoting those guilty of treachery. Others had fought without breaking treaties and thus were not deemed guilty. Disbelief alone does not constitute Kufr; they were simply Mushrikin (polytheists). Verse 9:5 outlines the punishment for the Kafirin, whose acts of Kufr are detailed in verses 9:12 and 9:13. Those disbelievers who were not guilty of treachery were not subject to combat or execution. Instead, they were barred from entering the Kaaba (9:28) and required to pay Jizya (a tax) under 9:29. Crucially, all polytheists were granted a four-month amnesty to either migrate or accept Islam. As a result, no executions occurred under 9:5. This peaceful resolution defies the common misreading of the verse as a universal call to violence. Key Verses of Surah 9 (9:1) “A (declaration) of immunity from Allah and His Messenger to those of the Mushrikin with whom you have made treaties.” (9:2) “So travel freely throughout the land for four months, but know that you cannot escape Allah, and that Allah will disgrace the Kafirin.” (9:3) “...And give glad tidings of a painful punishment to the Kafaru.” (9:4) “Except those Mushrikin with whom you made a treaty and who have not violated it nor supported anyone against you. Fulfill your obligations to them until the end of their term...” (9:5) “But when the sacred months have passed, then fight and slay the Mushrikin wherever you find them... But if they repent, establish prayer, and give zakat, then let them go their way...” (9:6) “If any of the Mushrikin seeks your protection, grant it to him so he may hear the word of Allah, and escort him to safety. That is because they are a people without knowledge.” Mushrikin vs. Kafirin Verses 9:2 and 9:3 use both terms—Mushrikin and Kafirin—proving that Kafirin are a subset of Mushrikin. Only the Kafirin are said to be “disgraced” and threatened with “a painful punishment.” This distinction is vital: not all disbelievers or polytheists are Kafirin. Even twenty-one years into the Prophet’s mission, many Mushrikin had not embraced Islam but were not labelled Kafirin. Thus, translating Kafir simply as "disbeliever" is a fundamental error wherever it occurs. What Was Their Kufr? (9:12) “If they break their oaths after making a covenant and attack your religion with insults...” (9:13) “Will you not fight people who broke their oaths, plotted to expel the Messenger, and were the first to attack you...?” Their Kufr included: • Treaty violations, • Ridiculing or attacking Islam, • Plotting to expel the Prophet, • Initiating hostilities. In essence, these were acts of treachery and persecution. Verse 9:5 targets such aggressors exclusively. The Non-Kafir Polytheists In contrast, those who: • May have fought fairly and honoured their treaties (9:4), • Did not aid the enemy, • Sought protection even if they had fought unfairly (9:6), were not classified as Kafirin. Though still Mushrikin, they were considered ignorant (la ya‘lamun), not criminal. Their only penalties were: • Barred from the Sacred Mosque (9:28), • Required to pay Jizya (9:29). Why Does 9:5 Say “Kill the Mushrikin”? If 9:5 had stated “kill the Kafirin,” it could have been misinterpreted to include the Kafirin among the People of the Book mentioned in 98:6—those who rejected faith after recognizing the truth. Yet for them, there is no worldly punishment, only in the Hereafter, as protected by 2:256: “Let there be no compulsion in religion.” Thus, even 9:5 remains faith-neutral. It says “kill the Mushrikin,” but verses 9:4 and 9:6 exclude the peaceful among them, leaving only the treacherous Kafirin as liable. Fundamental Principles of Islam Freedom of Conscience is fundamental in Islam: • “Let there be no compulsion in religion.” (2:256) • “To you your religion, and to me mine.” (109:6) The Prophet's conduct during conflict never violated these principles. Peaceful and non-treacherous Mushrikin could retain their religion and pay Jizya, while others had the option to migrate during the amnesty. The treacherous alone, guilty by both secular and divine law, faced the death penalty. Yet even they were given the opportunity to escape harm. Calling these verses “Sword Verses” grossly misrepresents both their intent and their effect. A Universal Message All moral imperatives in the Quran, including those on just war, are faith-neutral and universal. War is waged not on faith, but on oppression and injustice, as seen in 4:75: (4:75) “Why should you not fight in the cause of Allah for those who are weak and oppressed—men, women, and children—who cry: ‘Our Lord, rescue us...’?” The Quran calls people of all faiths to unite against injustice. The enemy is not disbelief but oppression. The oppressor (Kafir) can be a believer or a disbeliever. Conclusion The so-called “Sword Verses” are not blanket calls to violence. They are judicial pronouncements—nothing more—against those guilty of war crimes and religious persecution. These verses concern actions, not beliefs. Mislabelling them as religiously motivated violence distorts their legal and moral purpose. When properly understood, these verses uphold justice, mercy, and freedom of conscience—universal principles that are central to Islam. If Muslims are guilty of the same crimes, these verses would apply equally to them. --- A frequent contributor to NewAgeIslam.com, Naseer Ahmed is an Engineering graduate from IIT Kanpur and is an independent IT consultant after having served in both the Public and Private sector in responsible positions for over three decades. He has spent years studying Quran in-depth and made seminal contributions to its interpretation. URL: https://www.newageislam.com/debating-islam/surah-9-5-kill-disbelievers-quranic-legal/d/135115 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism