Theological and Jurisprudential Dimensions of Martyrdom in Intra-Muslim State Conflicts

 


The intersection of classical Islamic jurisprudence, military ethics, and the modern nation-state paradigm presents profound theological dilemmas when two Muslim-majority countries engage in armed conflict. The foundational ethos of the Islamic faith emphasizes the absolute sanctity of Muslim blood and the universal brotherhood of the Ummah (the global Muslim community).1 However, historical and contemporary geopolitical realities demonstrate that wars between Islamic states—such as the protracted conflict between Iran and Iraq, the ongoing border skirmishes between Pakistan and Afghanistan, and the complex proxy wars involving Saudi Arabia, Iran, Yemen, and Qatar—are frequent occurrences.4 In these conflicts, a critical theological question arises: when military personnel on both sides of an intra-Muslim war are killed, are they granted the exalted religious status of Shaheed (martyr)?

To answer this question exhaustively, it is necessary to conduct a meticulous examination of the classical Islamic legal definitions of martyrdom, the Quranic injunctions regarding internal conflicts, the prophetic traditions strictly warning against Muslim-on-Muslim violence, the sectarian divergences in martyrdom theology, and the modern phenomenon wherein the nation-state has appropriated religious terminology to validate nationalistic wars.

The Etymology and Jurisprudential Taxonomy of Shahada

The term Shahid (plural: Shuhada) is an Arabic word originating from the linguistic root meaning "to witness," "to be present," or "to testify".8 In Islamic theology, the linguistic shift from "witness" to "martyr" closely parallels early Christian terminology, evolving during the formative period of Islam to describe a believer who bears the ultimate witness to their faith by sacrificing their life in the path of Allah (Fi Sabilillah).8 The exalted soteriological status of the Shaheed is affirmed repeatedly in the Quran, which explicitly forbids referring to those killed in the way of Allah as "dead," but rather describes them as living, receiving divine provision, and rejoicing in the presence of their Lord (Surah Al-Baqarah 2:154, Surah Ali 'Imran 3:169).13

However, Islamic jurisprudence (Fiqh) does not treat all unnatural deaths equally. Classical jurists, including luminaries such as Imam Al-Nawawi, Ibn Hajar al-'Asqalani, and Imam al-Qurtubi, meticulously categorized martyrdom into distinct typologies.16 These classifications differentiate between the spiritual rewards granted in the Hereafter and the specific legal rulings applied to the deceased's body in this temporal world.16

Typology of Martyrdom

Arabic Terminology

Jurisprudential Definition

Worldly Funeral Rulings

Eschatological Reward

Real Martyr

Shaheed Haqeeqi / Shuhada al-Dunya wal-Akhirah

A Muslim killed in combat while fighting legitimately in the path of Allah against adversaries of the faith to elevate the word of God.

No ritual washing (Ghusl). Buried in their blood-stained battle clothes without a standard shroud (Kafan). No standard funeral prayer in some schools of thought.

Attains the highest ranks of Paradise (e.g., al-Firdaws). Sins are forgiven at the first drop of blood. Granted the right of intercession for relatives.

Legal Martyr

Shaheed Hukmi / Shuhada al-Akhirah

A Muslim who dies from specific non-combat causes designated by prophetic tradition (e.g., plague, drowning, building collapse, defending property, childbirth, stomach disease).

Receives standard Islamic funeral rites, including ritual washing (Ghusl), shrouding (Kafan), and the communal funeral prayer (Salat al-Janazah).

Granted the spiritual reward of a martyr in the Hereafter, though generally considered a degree below the combat martyr in completeness of reward.

Sources: 14

The prophetic traditions (Ahadith) heavily expand the category of the Shaheed Hukmi. Authentic Hadith literature states that those who die of abdominal diseases, pleurisy, fire, or while defending their wealth, honor, and family against unjust aggression are legally designated as martyrs.9 Furthermore, analogical reasoning (Qiyas) applied by later scholars extended this category to include individuals who suffer violently painful deaths in modern contexts, such as fatal car accidents.16 Crucially, a Muslim who is wrongfully or unjustly killed—whether by murder, localized oppression, or state repression—is also afforded the theological status of a martyr, grounded in the Quranic prohibition against taking a sanctified life (Surah Al-Isra 17:33).16

Despite these broad categories, the paramount prerequisite for attaining the status of Shaheed Haqeeqi (the combat martyr) is the absolute purity of intention (Niyyah or Ikhlas).13 Islamic legal theory dictates that all deeds are judged exclusively by their underlying intentions. A widely cited and foundational Hadith narrates an incident where the Prophet Muhammad was asked about three men fighting in battle: one fighting to obtain war booty, one fighting for fame and to be remembered for his bravery, and one fighting to show off his prowess. The Prophet explicitly clarified that only the individual who fights specifically so that the "Word of Allah is made superior" is considered to be fighting in the cause of Allah (Fi Sabilillah).26

Consequently, the jurisprudential consensus is unyielding: any soldier participating in a war driven by ethnic bigotry, tribalism ('Asabiyyah), financial gain, or blind, secular nationalism—devoid of the intention to uphold divine justice or defend the faith—is entirely disqualified from the theological status of Shaheed, regardless of their valor or sacrifice on the battlefield.8 If a soldier fights merely to raise a secular national flag or to conquer territory for economic exploitation, their death is viewed as a worldly casualty rather than a religious martyrdom.28

The Hermeneutics of Intra-Muslim Conflict: Surah Al-Hujurat 49:9

When analyzing the status of soldiers in a conventional war between two Islamic countries, the primary Quranic framework is derived from Surah Al-Hujurat (Chapter 49), Verse 9. This verse establishes the divine legislative protocol and jurisprudential foundation for managing armed conflict between communities of believers.

The verse translates as: "And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses [transgresses against] the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly." 1

The exegetical commentary (Tafsir) on this verse by classical scholars such as Ibn Kathir, Al-Tabari, Al-Baghawi, and modern exegetes like Maududi yields profound legal implications for evaluating intra-Muslim warfare.2

First, the verse explicitly retains the title of "believers" (Mu'mineen) for both fighting factions. The act of fighting another Muslim, while universally recognized as a grave major sin, does not inherently excommunicate the perpetrators from the fold of Islam; they do not automatically become Kuffar (apostates or disbelievers) solely by engaging in combat.2 The preservation of their status as believers mandates that the broader Muslim community must actively seek to reconcile them, reflecting the subsequent verse (49:10) which declares that "the believers are but brothers".1

Second, the verse legally divides the combatants into two distinct categories once mediation fails:

  1. Al-Fi'ah al-Baghiya (The Transgressing or Rebellious Faction): This is the group that initiates unjust aggression, refuses peaceful mediation, or revolts against legitimate, just authority without a valid legal or theological interpretation (Ta'weel).2

  2. Al-Fi'ah al-Adilah (The Just Faction): This is the group that defends itself against unprovoked aggression, or the legitimate state authority seeking to suppress an unwarranted, destabilizing rebellion to restore public order.16

From a strict jurisprudential standpoint, the military personnel fighting for the Fi'ah al-Adilah (the just faction) are fulfilling a direct divine command to neutralize aggression and restore justice.34 Therefore, if they are killed in this defensive pursuit, classical Islamic jurists assert that they achieve the status of Shaheed.13 They are viewed as fighting to uphold the ordinance of Allah and protect the community from the ravages of chaos (Fitnah).

Conversely, the soldiers fighting for the Fi'ah al-Baghiya (the transgressing faction) are engaging in an unjust war of aggression. Regardless of their personal bravery, their ignorance of the broader geopolitical strategy, or their government's domestic propaganda, Islamic law dictates that they die upon a major sin. They are not considered martyrs in the Hereafter, as their fight inherently violates the command of God.2

However, applying this classical binary to the modern nation-state is exceedingly complex. Modern wars between Muslim nations rarely fit neatly into the paradigm of a righteous defender versus a baseless, chaotic rebel. Conflicts often stem from deeply entrenched geopolitical rivalries, border disputes over post-colonial demarcations, competition for natural resources, and struggles for regional hegemony. When two Islamic countries fight for purely nationalistic, economic, or territorial supremacy—where neither side is clearly fighting to elevate the word of God—both factions may be viewed by independent jurists as engaging in mutual transgression. In such a scenario of mutual worldly ambition, the combatants on both sides are entirely stripped of the theological promise of martyrdom.36

The Prophetic Warning: The Eschatology of the Two Swords

The ambiguity of mutual transgression and the severe spiritual danger of intra-Muslim conflict is addressed by one of the most sobering warnings in Islamic eschatology. According to a highly authenticated tradition (agreed upon in both Sahih Al-Bukhari and Sahih Muslim) narrated by the companion Abu Bakrah, the Prophet Muhammad stated: "When two Muslims meet (to fight) each other with their swords, both the killer and the killed are doomed to Hellfire.".35

When the companions of the Prophet questioned this severe ruling, noting that the punishment of the aggressive killer is understandable but asking why the seemingly innocent victim is equally condemned to Hellfire, the Prophet replied: "Because he was eager to kill his companion.".35

This Hadith serves as the cornerstone of Islamic military ethics regarding civil war, rebellion, and state-on-state violence among Muslim nations. The underlying legal principle established here is the severe penalization of lethal intent against a brother in faith. The soldier who is killed is condemned not merely for participating, but because he harbored the absolute intention to kill his fellow Muslim and was only prevented from doing so because his opponent managed to strike a lethal blow first.35 Both individuals possessed the exact same corrupt intent; the only difference was the physical outcome of the duel.

Scholars emphasize that this Hadith specifically applies to conflicts driven by worldly ambitions, ethnic chauvinism, tribalism, pursuit of power, and baseless nationalism where neither side is clearly defending the core tenets of the faith or resisting undeniable oppression.35 It serves as a strict deterrent against participating in unjustified violence, warning soldiers that blind allegiance to a tribal leader or a national flag will result in eternal damnation rather than heavenly reward.

However, jurists provide necessary exceptions to this severe ruling to harmonize it with the commands found in Surah Al-Hujurat 49:9. The condemnation to Hellfire does not apply to a Muslim soldier who is forced to fight in legitimate self-defense against a transgressing aggressor, nor does it apply to state security forces suppressing violent armed rebellions that threaten public order, provided the state's actions align with Islamic principles of justice and proportionality.35 Historical scholars also carefully exempt the early civil wars of Islam (such as the Battle of the Camel and Siffin) from this Hadith, arguing that the Companions of the Prophet (like Ali and Muawiyah) fought based on conflicting but sincere legal interpretations (Ijtihad) regarding justice, rather than base worldly desires.45

In the context of a war between two modern Islamic countries—such as a war over a disputed border region—if neither side is fighting to elevate the word of God, but both are fighting for regime survival, territorial expansion, or ethnic superiority, then the theological consensus leans heavily toward applying the "Two Swords" Hadith. In such a scenario, the military personnel who die on both sides are definitively not Shaheed in the religious sense; rather, they bear the grave sin of engaging in prohibited intra-Muslim bloodshed, and their ultimate judgment rests with God.29

The Divergence of Sunni and Shia Paradigms of Martyrdom

While the foundational textual sources—the Quran and the Hadith—regarding martyrdom are shared, the historical evolution of Sunni and Shia Islamic traditions has resulted in distinct psychological, cultural, and jurisprudential paradigms surrounding the concept of the Shaheed. This divergence profoundly impacts how modern states mobilize their populations for war and how they legally classify their military dead.

The Sunni-Shia schism originated in a dispute over the rightful political and spiritual succession to the Prophet Muhammad following his death in 632 CE.4 Over centuries, this initial political divide evolved into distinct theological frameworks, shaping how each sect interprets history, justice, and the nature of sacrifice.4

In Sunni Islam, which represents approximately 85-90% of the global Muslim population 4, the concept of martyrdom historically developed in tandem with the success and expansion of the early Islamic empires. The Sunni archetype of the martyr is predominantly the active combatant who falls in an offensive or defensive military campaign (Jihad) sanctioned by the legitimate state authority (the Caliph or ruler).11 Sunni jurisprudence places an immensely strong emphasis on obedience to the ruler to maintain public order and avoid the devastation of civil strife (Fitna).3 According to many classical Sunni jurists, rebellion against a Muslim ruler is strictly prohibited unless the ruler commits blatant and undeniable disbelief (Kufr بواح).3 Consequently, in the Sunni paradigm, the state apparatus holds significant theological power in declaring a war legitimate, designating the enemy as Baghi (rebels), and declaring its fallen soldiers as martyrs.29

In stark contrast, Shia Islam's concept of martyrdom is deeply anchored in the ethos of resistance against illegitimate authority, suffering, marginalization, and tragedy. The supreme archetype of the Shia martyr is Imam Husayn ibn Ali, the grandson of the Prophet, who was massacred alongside his family and a small band of followers by the massive army of the Umayyad Caliph Yazid at the Battle of Karbala in 680 CE.48 For the Shia, Husayn’s refusal to pledge allegiance to a corrupt ruler, despite knowing it would result in his certain death and the mutilation of his body, transformed martyrdom from merely a battlefield casualty into a deliberate, conscious, and revolutionary act of self-sacrifice against tyranny.54

This "Karbala Paradigm" imbued Shia theology with a profound, almost cosmic reverence for the oppressed who rise up against unjust political orders.54 The horror of Karbala is interpreted as the original event of usurpation upon which the entire subsequent history of Islam is judged.54 While mainstream Twelver Shia clerics maintained a policy of political quietism for centuries—waiting for the return of the occulted Mahdi to establish true justice—the 20th century saw a massive reinterpretation of this doctrine.57 Clerics like Ayatollah Ruhollah Khomeini in Iran and Muhammad Baqir al-Sadr in Iraq actively weaponized the Karbala narrative to mobilize the masses.56 They argued that believers must not wait passively but must actively sacrifice themselves to overthrow despotic political orders. In this modernized Shia paradigm, martyrdom is not just a byproduct of state-sanctioned war; it is a vital sociopolitical weapon, a "revolutionary sacrifice," and a deeply desired spiritual objective to secure the victory of the oppressed over the oppressor.54

International Humanitarian Law and the Ethics of Combat

Regardless of whether a war is deemed a legitimate defense against a Baghi faction, classical Islamic jurisprudence places strict parameters on the conduct of war (Jus in bello). The status of a martyr is heavily contingent upon a soldier's adherence to these divine ethical limits.

Islamic law contains a rich and complex set of rules regarding the protection of civilians and non-combatants, predating modern International Humanitarian Law (IHL) and the Geneva Conventions by centuries.62 The Quran explicitly warns fighters not to transgress limits: "Fight in the way of Allah with those who fight with you, and do not exceed the limits, surely Allah does not love those who exceed the limits".62

The actions and decrees of the Prophet Muhammad and the early Caliphs laid down a strict code of military ethics. In a famous decree, Abu Bakr, the first Caliph, instructed his military commanders with ten rules, which included prohibitions against killing women, children, the elderly, the sick, and monks in monasteries.62 Islamic law strictly forbids perfidy (treachery), the mutilation of corpses, the unnecessary destruction of property, and the cutting down of fruit-bearing trees.64

Therefore, if a soldier fighting for a Muslim country engages in war crimes—such as intentionally targeting civilian populations, executing prisoners of war, or utilizing indiscriminate weapons against non-combatants—they are committing grave sins that violate the fundamental tenets of Islamic military ethics.62 Many contemporary scholars argue that a soldier who dies while committing or facilitating such atrocities cannot be considered a Shaheed, as their actions constitute gross transgression (Dhulm), entirely negating the required righteous intention (Niyyah) of fighting in the path of God.13

The Modern Nation-State and the Nationalization of Martyrdom

In the contemporary era, the strict classical jurisprudential requirements for martyrdom have frequently collided with the geopolitical necessities of the modern nation-state. Muslim-majority countries maintain standing armies, rely on mandatory conscription, and fight wars dictated by national interests, border security, resource acquisition, and international alliances, rather than classical interpretations of religious Jihad.39

To bridge this gap and maintain military morale, governments in the Islamic world have effectively "nationalized" the concept of martyrdom. The state apparatus merges Islamic theological vocabulary with modern patriotism, creating the concept of Shaheed-e-Watan (Martyr of the Nation).69

When a soldier of a Muslim country dies in battle—whether against a non-Muslim state or another Muslim country—the state invariably declares them a Shaheed. This official declaration serves vital socio-political and psychological functions: it honors the ultimate sacrifice of the deceased, provides psychological comfort to grieving families, justifies state-sponsored financial compensation, and sanctifies the state's military objectives in the eyes of the public.57 State institutions, such as the Foundation of Martyrs and Veterans Affairs in Iran, provide extensive social mobility, school quotas, and financial support for the families of recognized martyrs, effectively institutionalizing the status.71

However, independent Islamic jurists and scholars frequently point out the stark discrepancy between the political title of Shaheed-e-Watan (bestowed by the state) and the religious status of Shaheed-e-Deen (Martyr of the Religion, recognized by God).47 A soldier who is drafted into an army and ordered to invade a neighboring Muslim country for territorial expansion may be celebrated as a national hero, given a state funeral with full military honors, and memorialized in monuments.71 Yet, under classical Islamic jurisprudence, the absence of a religiously valid cause (Fi Sabilillah) and the presence of worldly intent (Dunya) theoretically precludes them from the spiritual rewards of a martyr in the Hereafter.26

The moral dilemma of the ordinary conscripted soldier is acute. Soldiers are bound by military oaths and face severe penal consequences, including execution, for desertion or mutiny. Does the compulsion of military orders absolve a soldier who participates in an unjust war against fellow Muslims? Islamic jurisprudence generally holds to the principle that "there is no obedience to the creation if it involves disobedience to the Creator".51 A soldier knowingly participating in a war of unjust aggression against another Muslim state cannot claim the defense of "following orders" to attain martyrdom; their participation in unjust killing remains a grave sin.51

Nevertheless, determining the absolute justice or injustice of a complex geopolitical conflict is rarely clear to the frontline foot soldier, who is subjected to intense state propaganda and limited information. Consequently, orthodox scholars often adopt a stance of theological humility. They assert that while the worldly legal rulings of martyrdom (such as bypassing the ritual washing and shrouding) might be applied by the state, the ultimate judgment of the individual's intention, their level of coercion, and their spiritual status rests entirely and exclusively with the divine judgment of Allah, who possesses perfect knowledge of the heart.23

Case Studies in Contemporary Intra-Muslim Conflicts

To understand how these jurisprudential, theological, and nationalistic concepts are applied in reality, one must examine specific geopolitical conflicts between Muslim states. In these scenarios, the religious establishment of each nation utilizes fatwas to cast their own military forces as the Fi'ah al-Adilah (just faction) and the enemy as the Fi'ah al-Baghiya (rebellious or transgressing faction).

1. The Iran-Iraq War (1980–1988)

The Iran-Iraq War remains the deadliest conventional conflict between two Muslim states in modern history, resulting in an estimated 500,000 to 800,000 casualties.5 The conflict provides the most striking and tragic example of the weaponization of the martyrdom discourse by two opposing states.

Iraq, under the secular Ba'athist regime of Saddam Hussein, initiated the war but rapidly pivoted to utilizing Islamic and Arab nationalist motifs to justify the invasion. Saddam famously dubbed the conflict Qadisiyyat Saddam, drawing a direct, emotionally charged parallel to the historical Battle of al-Qadisiyyah in 636 CE, where Arab Muslims defeated the pre-Islamic Persian Sasanian Empire.74 By framing the modern Iranians as the historical, ethno-national enemies of the Arabs, Saddam sought to legitimize the war to his majority-Shia infantry. The Iraqi state built massive monuments, such as the Martyr's Monument in Baghdad, to cast the Iraqi dead as martyrs defending the eastern flank of the Arab world against Persian aggression.74

Conversely, the newly established Islamic Republic of Iran, led by Ayatollah Khomeini, framed the defense against Iraq as a cosmic, existential battle between true Islam and secular apostasy. Khomeini revolutionized the concept of martyrdom, explicitly drawing upon the Shia Karbala paradigm and urging Iranians to view the Iraqi invasion as a modern manifestation of Yazid's tyranny.57 The Iranian state declared all military fatalities to be martyrs for Islam. The government aggressively promoted a cult of martyrdom, mobilizing hundreds of thousands of volunteers for the Basij militia.61

In a stark departure from traditional norms, Khomeini issued fatwas declaring that parental consent was not required for young boys to go to the front lines, characterizing the war as a paramount religious duty that superseded family authority.75 Iranian forces, tragically including child soldiers, engaged in massive human-wave attacks to clear minefields, heavily motivated by state propaganda that promised them immediate entry into Paradise as Shuhada.75

From a strict jurisprudential perspective, the religious scholars of Iran viewed Iraqi soldiers as aggressors and instruments of a corrupt, secular tyrant, rendering them ineligible for martyrdom. Simultaneously, state-aligned Sunni clerics elsewhere in the Arab world viewed the Iranian revolution as a destabilizing, sectarian heresy. Ultimately, both states successfully institutionalized the concept of the national martyr, providing extensive social mobility and financial support to the families of the fallen, deeply embedding the trauma and the glory of the war into their respective national consciousnesses.71

2. Afghanistan and Pakistan

The geopolitical relationship between Afghanistan and Pakistan is characterized by deep historical distrust, disputes over the legitimacy of the porous Durand Line, and complex proxy dynamics involving the Afghan Taliban and the Tehrik-e-Taliban Pakistan (TTP).6 Recent years have witnessed direct military clashes, artillery barrages, and cross-border airstrikes involving the regular armed forces of both Muslim-majority states.6

When border guards or military personnel from Pakistan and Afghanistan are killed in these skirmishes, the theological debate over martyrdom surfaces acutely. The Pakistani military and political establishment views its actions as the legitimate defense of a sovereign Islamic state against terrorism and border violations. Consequently, prominent Pakistani Islamic scholars, such as Mufti Taqi Usmani, have issued categorical fatwas declaring that any armed activity or rebellion against the State of Pakistan is Haram (forbidden) and constitutes an act of Baghi (rebellion) under Islamic law.80 Therefore, under this state-aligned jurisprudential lens, Pakistani soldiers killed defending the borders or fighting militant groups are classified as true martyrs defending the Fi'ah al-Adilah, while those fighting against the state die a death of rebellion.80

Conversely, the Taliban factions often utilize a radicalized interpretation of jihad, rejecting the legitimacy of Westphalian nation-state borders and framing their adversaries as apostates, hypocrites, or lackeys of Western imperialism.82 They confer the title of Shaheed upon their own fighters who die in cross-border raids or suicide attacks. In a conventional state-on-state skirmish between the regular Afghan forces and the Pakistani military, both governments immediately declare their fallen as national martyrs, despite the classical theological conundrum that two Muslim armies fighting over a territorial border dispute directly invoke the warning of the "Two Swords" Hadith.6

3. Saudi Arabia, Yemen, and Proxy Conflicts

The devastating civil war in Yemen, which escalated significantly with the military intervention of a Saudi-led coalition in 2015 against the Houthi insurgent movement, highlights the profound integration of sectarianism into the discourse of martyrdom.7

The Saudi coalition, backed by the internationally recognized Yemeni government, views the Houthis as an illegitimate, Iranian-backed rebellious militia (Baghi) that unlawfully seized power in the capital, Sana'a.7 To legitimize the intense military campaign and airstrikes, the Saudi religious establishment, including the Council of Senior Scholars, frames the war as a legitimate, state-sanctioned defense of the region and the restoration of rightful, just authority.53 Military personnel from Saudi Arabia, the UAE, and allied Yemeni forces who are killed in this theater are hailed as martyrs defending the borders of the Kingdom and the broader Sunni world from Iranian expansionism.7

On the opposing side, the Houthi movement (officially known as Ansar Allah), adherents of the Zaydi branch of Shia Islam, view the Saudi intervention as an act of foreign imperial aggression and oppression.86 They deeply integrate the rhetoric of martyrdom into their media and political strategies, elevating their fallen fighters to the status of holy warriors resisting a corrupt coalition allied with Western and Zionist interests.89

In this scenario, the theological divide is absolute. Each side relies on its specific sectarian and jurisprudential framework to validate its cause as the Fi'ah al-Adilah and absolutely condemn the other as the Fi'ah al-Baghiya. Furthermore, the massive civilian casualties resulting from airstrikes and blockades introduce severe complications regarding Islamic military ethics, with independent human rights observers and scholars questioning the legitimacy of a war that disproportionately harms non-combatants.87

4. Iraq and the Jurisprudential Restraint of Ayatollah Sistani

A vital counter-example to the unchecked weaponization of martyrdom in intra-Muslim conflict is found in the jurisprudence of Grand Ayatollah Ali al-Sistani, the paramount Shia spiritual leader (Marja) in Iraq. Following the US invasion of Iraq in 2003 and the subsequent rise of hyper-sectarian Sunni jihadist groups like Al-Qaeda in Iraq (led by Abu Musab al-Zarqawi) and later ISIS, Iraq was plunged into a brutal sectarian civil war where both sides utilized the rhetoric of martyrdom to justify mass slaughter.48

When ISIS rapidly advanced across Iraq in 2014, capturing Mosul and threatening Baghdad, Ayatollah Sistani issued a historic fatwa calling for "defensive jihad." This decree successfully mobilized millions of Iraqis into the Popular Mobilization Forces (PMF) to halt the ISIS advance.94 The volunteers who died fighting ISIS were categorically considered martyrs by the state and the religious establishment.

However, Sistani was acutely aware of the extreme dangers of unchecked sectarian warfare. He explicitly resisted framing the conflict as a Shia versus Sunni war, continually emphasizing cross-sectarian unity, noting that ISIS threatened all Iraqis regardless of sect, and actively encouraging Sunni participation in the anti-ISIS coalitions.95 More importantly, to prevent the PMF from engaging in retaliatory atrocities, Sistani issued a rigorous "Code of Conduct" for the fighters, deeply rooted in classical Islamic law and prophetic traditions.64 He commanded fighters to respect the sanctity of human souls, explicitly forbidding acts of extremism, mutilation, deceit, and the targeting of non-combatants, women, the elderly, and children.64

Sistani’s legal interventions demonstrate a strict adherence to the classical parameters of jihad and martyrdom. By refusing to sanction blind sectarian violence and insisting on ethical military conduct, he reinforced the jurisprudential principle that a soldier's status as a martyr is contingent not just on the validity of the defensive cause, but on the righteousness of their conduct on the battlefield.64

Synthesizing Jurisprudential Resolutions

Returning to the specific query: If a war occurs between two Islamic countries (e.g., Afghanistan vs. Pakistan, or Iran vs. Saudi Arabia), are the military personnel who die on both sides considered shaheed or not?

The answer requires distinguishing between the theological reality, as defined by strict classical Islamic jurisprudence, and the socio-political reality constructed by the modern nation-state.

1. The Theological and Jurisprudential Verdict:

Under classical Islamic law, it is a categorical impossibility for combatants on both sides of an intra-Muslim war to attain the spiritual rank of Shaheed Haqeeqi (true combat martyr) in the Hereafter.

  • The Scenario of Mutual Transgression: If the war is driven by nationalism, territorial expansion, economic dominance, regime survival, or ethnic chauvinism, classical jurisprudence views the conflict as a profane struggle for worldly gain (Dunya). Consequently, the prophetic tradition of the "Two Swords" applies directly. Both the killer and the killed are considered perpetrators of a major sin for shedding sanctified Muslim blood, and neither attains the spiritual reward of martyrdom.35

  • The Scenario of Just Defense: If the conflict features a clear, undeniable aggressor (Fi'ah al-Baghiya) attacking a sovereign Muslim state without legal justification, and the defending state mobilizes its military solely to repel the aggression (Fi'ah al-Adilah), then the soldiers of the defending state who are killed are considered martyrs fighting to uphold justice. However, the soldiers of the aggressing state die in a state of sin and rebellion, and are entirely excluded from martyrdom.2

  • The Supremacy of Intention: In all cases, individual intentionality (Niyyah) remains the ultimate arbiter. A soldier fighting purely out of racial animus, forced coercion, or desire for plunder, even if positioned on the defending, "just" side, voids his spiritual reward. Conversely, the absolute determination of the soul's destination is believed to rest solely with the divine judgment of Allah, who possesses perfect knowledge of the heart's true intentions and the level of coercion a conscripted soldier faced.26

2. The Geopolitical and State Verdict: In practical reality, the modern Islamic nation-state does not concede its moral or theological legitimacy. In the event of a war between two Muslim countries, the state political and religious apparatus on both sides will immediately issue fatwas declaring their own cause to be entirely just and defensive, while condemning the adversary as transgressors, rebels, or pawns of foreign enemies.100

  • Therefore, the state will officially confer the title of Shaheed-e-Watan (National Martyr) upon all of its fallen soldiers, regardless of the jurisprudential ambiguity of the war's origins.69

  • These soldiers will receive state funerals, their families will be granted military pensions and social elevation, and they will be immortalized in national propaganda as heroes who died for their country and faith.71

Conclusion

The intersection of warfare and Islamic law is defined by an enduring, unresolved tension between the sacred, theological ideal of absolute Muslim unity and the violent, pragmatic realities of geopolitical statecraft. The concept of the Shaheed represents the absolute pinnacle of self-sacrifice, devotion, and purity in the Islamic tradition. However, when Muslim armies turn their weapons upon one another, classical jurisprudence offers a stark, terrifying warning: shedding the blood of a fellow believer for worldly objectives voids the promise of Paradise and risks eternal divine wrath.

While modern nation-states possess the bureaucratic power and domestic authority to declare all their military casualties as national martyrs to sustain domestic morale and justify their geopolitical ambitions, Islamic theology maintains strict boundaries. True martyrdom cannot be commanded by a secular state, nor can it be won in a war driven by territorial ego or ethno-nationalism; it requires the absolute purity of intention to elevate divine justice and repel unprovoked tyranny. Ultimately, while both nations in an intra-Muslim conflict will invariably bury their dead under the glorious banner of martyrdom, classical Islamic law insists that the scales of divine justice will strictly separate the righteous defender from the unjust aggressor, and the sincere believer from the nationalist combatant.

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