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Jihad جهاد in Arabic literally means "struggle" coming from the Arabic verb أجهد ajhada meaning to "strive." Jihad fi sabil Allah جهاد في سبيل الله is thus literally "struggle/striving on the path of god." Historically, the use of the word jihad has been very wide semantically, with applications from war to spiritual discipline to reform and many, many things in between. Despite these wide and varied applications, though, the main meaning of jihad in Islamic law from the origins of the religion to the classic period to the present day continues to be armed struggle, either to expand the realm of Islamic political dominance or to defend Islamic lands from infidels, with the expansion of Islamic political dominance being part-and-parcel to a social and political system which advances the interest of the Muslim religion and induces the peoples conquered in this warfare to convert to Islam. This socio-political system, that of the dhimma, is intimately connected to the institution of "jihad at-talab" جهاد الطلب the "jihad of request" involving the three-option offer that an Islamic force must make before commencing hostilities against an infidel enemy: 1. Conversion to Islam. 2. Payment of the jizyah and subjection to Islamic political dominion and the strictures of the dhimma. 3. Fighting until death.
Offensive Jihad
According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.[1]
Non-Combatants
According to the hadith, Muhammad allowed the killing of women and children during nocturnal attacks (night raids). In the Seige of taif, Muhammad reportedly used Ballistics (catapults) against the enemy. When asked about the non-combatant woman and children being killed, he said:
"It is reported on the authority of Sa'b b. Jaththama that the Prophet of Allah (may peace be upon him), when asked about the women and children of the polytheists being killed during the night raid, said: “They are from them”."
Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-indiscriminate killings.[2] Muslim cleric Omar Bakri Mohammed also referred to this hadith to justify why killing women and children is Islamic.[3]
It is true that in other hadith, Muhammad forbade intentionally targeting woman and children. However, some scholars have come to the conclusion that this was not because they were non-combatants, but because it is better to take them for slavery or exchange them for Muslim prisoners. As Muhammad took the Jewish woman and children of Banu Qurayza for slavery.
Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute "
property for Muslims".
[4] Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
the Ruler and his Flock’
Scholars
Al-Ghazali (1058-1111) was a Persian jurist who contributed significantly to the development of Sufism and is one of the most celebrated scholars in the history of Islamic thought.
...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress,
even if among them are women and children. One may set fire to them and/or drown them. ... If a person of the
ahl al-kitab [i.e. People of the Book] is enslaved, his marriage is revoked. ... One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...
[5] Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i
Ibn Rushd (Averroes) (1126 - 1198) was a famous Andalusian-Arab master of Islamic law, philosopher, physician and mathematician.
As regards injury to the person, that is, the slaying of the enemy,
the Moslems agree that in times of war, all adult, able bodied, unbelieving males may be slain. ...
There is controversy about the question whether it is allowed to slay hermits who have retired from the world, the blind, the chronically ill and the insane, those who are old and unable to fight any longer, peasants, and
[6] Ibn Rushd, Bidayat al-Mudjtahid
The following Q&A is taken from the Arabic section of Islam Online.
"Is it permissible to kill civilians in Israel through martyrdom operations which are carried out by Palestinians in defense of their land?"
The Jews living inside the occupied territory and those who carry Israeli citizenship are all participants in the aggression against us, and it is our right to combat all of them."
Adding on "…the Prophet (PBUH) was killed by a Jewish woman from the Bani Qurayzah (a Jewish tribe from Medina). Since she was killed by a Muslim man, it became a rule that it was permissible to kill all the killers among the Jewish women in our country of Palestine, without hesitation."
Killing Muslim civilians (theory of tattarus) via the use of them as human shields.
The debate has been triggered by the killing of large numbers of Muslims, including women and children, by Islamist insurgents in Iraq. Are such acts permissible? Judging by fatwas (religious opinions) and articles by Muslim theologians and commentators, the Islamic ummah (community) is divided on the issue.
Those who believe that killing innocent people, including Muslims, is justified in certain cases, base their opinion on the principle of tattarrus. The word, which originally meant "dressing up," was first used as a religious term in the book "Al-Mustasfa" ("The Place of Purification") by Abu-Hamed al-Ghazali (d.1127), to mean "using ordinary Muslims as human shields for Islamic combatants against infidel fighters."
. . .
Initially, al-Qaradawi had ruled that only three categories of unarmed individuals could be killed: apostates, who have turned their back to Islam; homosexuals, who "dirty" the pure society — and Israelis, including unborn children, who could grow up to join the Jewish army.
Now, however, al-Qaradawi has expanded his doctrine to allow for the killing of innocent Muslims in Iraq. His argument is stark: What matters is the broader interest of the Islamic ummah which could, under certain circumstances, necessitate operations in which Muslim civilians lose their lives.
That position is supported by several Saudi theologians, including Hammoud al-Uqalla, Ali al-Khudhair, Nasser al-Fahd, Ahmad al-Khalidi and Safar al-Hawali. Their argument is that the broader interest of the ummah requires the expulsion of the U.S.-led forces from Iraq and that the killing of innocent Iraqis in whatever numbers is of no concern to the combatants, whose place in paradise is assured.
Other Saudi theologians, including Abu-Muhammad al-Maqdasi and Abu-Basir al-Tartussi, go further and apply tattarrus to situations where no "infidel" troops are present. Thus they justify the killing of innocent Muslim Saudis in Saudi Arabia because, they claim, such actions could lead to the establishment of a "truly Islamic regime."
[7] Qur'an - Disbelief (al-Fitnah) is Worse Than Killing
Verse 2:217
To turn men away from Allah, and to disbelieve in Him ...is a greater with Allah; for Al-Fitna/Disbelief/ Treason is worse than killing
Explanation of verse 2:217
Since Jihad involves killing and shedding the blood of men, Allah indicated that these men (the non muslims who are killed) are committing disbelief in Allah, associating with Him (in the worship) and hindering from His path, and this is a much greater evil and more disastrous than killing. Abu Malik commented about what Allah said:
(And Al-Fitnah is worse than killing.) Meaning what you (disbelievers) are committing is much worse than killing. Abu Al-`Aliyah, Mujahid, Sa`id bin Jubayr, `Ikrimah, Al-Hasan, Qatadah, Ad-Dahhak and Ar-Rabi` bin Anas said that what Allah said:
(And Al-Fitnah is worse than killing.) "Shirk (polytheism) is worse than killing.
This verse was revealed when a non-Muslim non-combatant was killed in the events of the Nakhla Raid. It was revealed to justify the killing of the non combatant, because non-Muslims do Fitnah... this is a graver crime in the eyes of Allah...than killing the non-combatant disbelievers [8] Osama bin Laden also used this in his interviews to justify killing non-combatants.[9]
Offensive Jihad
Verse
Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors.
Meaning
This verse has been abrogated by verses from chapter nine.
this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:
The Greater Jihad
Background
The idea that their is a greater and lesser jihad originated from the 11th century book, The History of Baghdad, by the Islamic scholar al-Khatib al-Baghdadiis, by way of Yahya ibn al 'Ala', who said,
We were told by Layth, on the authority of 'Ata', on the authority of Abu Rabah, on the authority of Jabir, who said, 'The Prophet (salallaahu 'alayhee wa sallam) returned from one of his battles, and thereupon told us, 'You have arrived with an excellent arrival, you have come from the Lesser Jihad to the Greater Jihad - the striving of a servant (of Allah) against his desires.'
[10] This hadith does not appear in any of the famous hadith books (Sahih Bukhari, Muslim, Dawud, Tirmidhi), and is generally unaccepted by Islamic scholars as far as Islamic Law or belief is concerned (even though the use of weak and even fabricated hadiths is often allowed for the purposes of sermonizing and moral exhortation - a manner by which very many known fabrications are popularly thought to have scriptural basis).
Scholars
Dr. Abdullah Yusuf Azzam
"is in fact a false, fabricated hadith which has no basis. It is only a saying of Ibrahim Ibn Abi `Abalah, one of the Successors, and it contradicts textual evidence and reality....The word "jihad", when mentioned on its own, only means combat with weapons, as was mentioned by Ibn Rushd, and upon this the four Imams have agreed."
Ibn Taymiyahh (also known as Shaykh ul-Islam to Muslim clerics)
"There is a Hadith related by a group of people which states that the Prophet [peace be upon him] said after the battle of Tabuk: 'We have returned from Jihad Asghar [lesser jihad] to Jihad Akbar [greater jihad].'
This hadith has no source, nobody whomsoever in the field of Islamic Knowledge has narrated it. Jihad against the disbelievers is the most noble of actions, and moreover it is the most important action for the sake of mankind."
[11] Ibn Baaz
Question: Is Jihad in the way of Allah the same level regardless of whether it is with one's life, wealth , or supplication , even if somebody is cabable of the type that involves one's life?
Answer:
There are different kinds of jihad - with one's self, wealth, supplication, teaching, giving guidance, or helping others in good in any form.The highest form of jihad, however, is with one's life (the intent here is not suicide, for that is forbidden in Islam), then comes Jihad with one's wealth and jihad with teaching and guidance, and in this way Da'wah is a form of jihad, but jihad with one's life is the highest form.
Shaykh `Abdul-`Azeez Bin Baz, Fatawa Islamiyah Vol:8 p. 24
The Egyptian, Dr. Muhammad Amin says about those who believe this hadith:
“Such people find contentment and comfort in this way, while in reality they only deceive their weak souls, for the true values of the deeds are entirely the opposite.”
Path of Islamic Propagation
Ibn Hajar al-`Asqalani
"This saying is widespread and it is a saying by Ibrahim ibn Ablah according to Nisa'i in al-Kuna. Ghazali mentions it in the Ihya' and al-`Iraqi said that Bayhaqi related it on the authority of Jabir and said: There is weakness in its chain of transmission."
[12] Hajar al Asqalani, Tasdid al-qaws, see also Kashf al-Khafaa’ (no.1362)
Al Bayhaqi
Its chain of narration is weak. Ibn Hajr said that this was a saying of Ibraaheem bin Abee Ablah, a Taabi’ee, and not a Ahaadeeth of the Messenger (SAW).
[13][14] Hajar ibn al Asqalani ’Kashf al-Khafaa’ (no.1362)
Mufti Zar Wali Khan (who is given the title Sheikh ul hadith) mentioned in his Dora Tafsir that this hadith was fabricated by Sufis.[15]
Qur'an
This fabricated hadith, goes against the Qur'an.
"Those believers who sit back
are not equal to those who perform Jihad in the Path of Allah with their wealth and their selves. Allah has favored those who perform Jihad with their wealth and their selves by degrees over those who sit back. To both (groups) has Allah promised good, but Allah has favored the mujahideen with a great reward, by ranks from Him, and with Forgiveness, over those who sit back. And Allah is Oft-Forgiving, Most-Merciful."
Hadith
"It was asked, 'Oh messenger of Allah!, which of makind is most excellent?'. He (Sallallahu alyhi wa salam) replied: "A believer who strives in the path of God with his self and his wealth.
[16] Saheeh Bukhari 4/45
Standing for an hour in the ranks of battle is better than standing in prayer for sixty years.
[16] Saheeh related by Ibn Ade and Ibn Asakir from Abu Hurayrah 4/6165. Sahih al Jaami as Sagheer no. 4305
"A morning or evening spent in the path of Allah is better than the world and all it contains".
[16] Saheeh al Bukhari 4/50 , agreed upon
"Shall I tell you who has the best degree among people? A man who takes the rein of his horse to do jihad in the way of Allah
Jihad is not obligatory?
Hanafi Fiqh
Ibn Aabidin said: "Jihad becomes Fard Ayn if the enemy attacks one of the borders of the Muslims, and it becomes Fard Ayn upon those close by. For those who are far away, it is Fard Kifaya, if their assistance is not required. If they are needed, perhaps because those nearby the attack cannot resist the enemy, or are indolent and do not fight Jihad, then it becomes Fard Ayn upon those behind them, like the obligation to pray and fast. There is no room for them to leave it. If they too are unable, then it becomes Fard Ayn upon those behind them, and so on in the same manner until the jihad becomes Fard Ayn upon the whole Ummah of Islam from the East to the West".
And the following have like Fatawa: Al Kassani, Ibn Najim and Ibn Hammam.
[17] Maliki Fiqh
In Hashiyat ad Dussuqi it is stated: Jihad becomes Fard Ayn upon a surprise attack by the enemy. Dussuqi said: "Wherever this happens, jihad immediately becomes Fard Ayn upon everybody, even women, slaves and children, and they march out even if their guardians, husbands and creditors forbid them to.
[17] Shafi'i Fiqh
In the Nihayat al Mahtaj by Ramli: "If they approach one of our lands and the distance between them and us becomes less than the distance permitting the shortening of prayers, then the people of that territory must defend it and it becomes Fard Ayn even upon the people for whom there is usually no jihad; the poor, the children, the slaves, the debtor and the women.
[17] Hanbali Fiqh
In Al Mughni by Ibn al Qadamah: "Jihad becomes Fard Ayn in three situations:
1) If the two sides meet in battle and they approach each other.
2) If the Kuffar enter a land, jihad becomes Fard Ayn upon its people.
3) If the Imam calls a people to march forward it is obligatory upon them to march forward.
[17] Favoring War
Verse
But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in Allah: for He is One that heareth and knoweth (all things).
Meaning
In both the Tafsir Ibn Abbas and Tafsir al-Jalalayn, it states that according to Ibn ‘Abbās (Muhammad's Cousin and a specialist of Quranic interpretation, as appointed by Muhammad) verse 8:61 has been replaced (abrogated) by another well known verse.
‘This has been abrogated by the “sword verse” [Q. 9:5]’
And here is that verse in full.
But when the forbidden months are past, then
fight and slay the Pagans wherever ye find them, an seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is Oft-forgiving, Most Merciful.
Notice that it says "if they repent, and establish regular prayers and practise regular charity, then open the way for them". The way in which a non-believer can repent and establish regular prayers, is by converting to Islam. Muhammad further said, fighting must go on even after fighting stops.
(Until the war lays down its burden.) Mujahid said:
"Until `Isa bin Maryam (peace be upon him) descends. It seems as if he derived this opinion from the Prophet's saying, There will always be a group of my Ummah victorious upon the truth, until the last of them fight against Ad-Dajjal.) Imam Ahmad recorded from Jubayr bin Nufayr who reported from Salamah bin Nufayl that he went to the Messenger of Allah and said, "
I have let my horse go, and thrown down my weapon, for the war has ended. There is no more fighting. Then the Prophet said to him, Now the time of fighting has come. There will always be a group of my Ummah dominant over others.
Allah will turn the hearts of some people away (from the truth), so they (that group) will fight against them Scholars
Abdullah Yusuf Azzam
"Jihad and the rifle alone. NO negotiations, NO conferences and NO dialogue."
"So, if the fighting stops, the disbelievers will dominate, and fitnah, which is Shirk (polytheism), will spread."
Ibn Taymiyyah
"It is the consensus of the scholars of this Ummah that if part of the religion is Allah's and other part is not,
fighting must go on until the entire religion is Allah's".
[4] Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’
Suicide Bombing
While some are against it, many scholars such as Yusuf al-Qaradawi and Zakir Naik claim suicide bombing is permitted in Islam. Click here to watch an explanation by Zakir Naik in one of his lectures.
Below is a fatwa issued by Sheikh Yusuf Al-Qaradawi, discussing the reasons why it is permissible for women to participate in "Martyr Operations" (e.g. suicide bombings).
Women’s participation in the martyr operations carried out in Palestine – given the status of the land as an occupied territory, in addition to a lot of sacrilegious acts perpetrated by the Jews against the sanctuaries – is one of the most praised acts of worship. Also, the act is a form of martyrdom in the Cause of Allah, and it entitles them, Insha’ Allah, to the same reward earned by their male counterparts who also die in the Cause of Allah.
. . .
The martyr operations is the greatest of all sorts of Jihad in the Cause of Allah. A martyr operation is carried out by a person who sacrifices himself, deeming his life less value than striving in the Cause of Allah, in the cause of restoring the land and preserving the dignity. To such a valorous attitude applies the following Qur’anic verse: “And of mankind is he who would sell himself, seeking the pleasure of Allah; and Allah hath compassion on (His) bondmen.” (Al-Baqarah: 207)
But a clear distinction has to be made here between martyrdom and suicide. Suicide is an act or instance of killing oneself intentionally out of despair, and finding no outlet except putting an end to one’s life. On the other hand, martyrdom is a heroic act of choosing to suffer death in the Cause of Allah, and that’s why it’s considered by most Muslim scholars as one of the greatest forms of Jihad.
. . .
In the same vein, the public welfare should be given priority to the personal one, in the sense that if there is a contradiction between the private right and the public one, the latter must be given first priority for it concerns the interest of the whole Ummah. Given all this, I believe a woman can participate in this form of Jihad according to her own means and condition. Also, the organizers of these martyr operations can benefit from some believing women as they may do, in some cases, what is impossible for men to do.
Below is an excerpt taken from a fatwa by Muslim scholar Sheikh al-Uyayri, explaining in depth why suicide bombings and killing of civilians (including Muslims) via the use of them as "human shields" is permissible in Islam. Due to space (the fatwa is fifteen pages in length) we cannot quote it here in its entirety, though the entire piece in its in-depth referencing of the Qur'an and Hadith is illuminating.
We have arrived at the conclusion that martyrdom operations are permissible, and in fact
the Mujahid who is killed in them is better than one who is killed fighting in the ranks, for there are gradations even among martyrs, corresponding to their role, action effort and risk undertaken. Then, we explained how martyrdom operations are the least costly to the Mujahideen and most detrimental to the enemy. We have heard, as you must have, that
most scholars today permit such operations; at least 30 Fatawa have been issued to this effect. We explained how this issue is derived from the issue of plunging single-handedly into the enemy ranks; something which is praiseworthy by the agreement of jurists. We then further stated that we preferred the view that such an action is permissible even if martyrdom is the only goal, although it is certainly not the optimal practice. Martyrdom operations should not be carried out unless certain conditions are met:
1. One's intention is sincere and pure - to raise the Word of Allah.
2. One is reasonably sure that the desired effect cannot be achieved by any other means which would guarantee preservation of his life.
3. One is reasonably sure that loss will be inflicted on the enemy, or they will be frightened, or the Muslims will be emboldened.
4. One should consult with war strategy experts, and especially with the amber of war, for otherwise he may upset plan and alert the enemy to their presence.
If the first condition is absent, the deed is worthless, but if it is satisfied while some others are lacking, then it is not the best thing, but this does not necessarily mean the Mujahid is not shaheed.
We also explained how causing a death carries the same verdict as actual killing. Hence one who plunges without armour into the enemy ranks, being certain of death, just like one who engages in a martyrdom operation, is effectively causing his own death, but they are praiseworthy because of the circumstances and intention, and hence are not considered to have committed suicide. We also clarified that [according to the majority] the identity of the killer does not have an effect on whether the Mujahid will be considered shaheed. This dispels the wavering arising from the fact that the Mujahid is taking his own life. Thus, such operations could take on any of the five Shar`i verdicts depending on intention and circumstances. Finally, we clarified that taking one's own life is not always blameworthy; rather it is contingent on the motives behind it. So, we conclude that one who kills himself because of his strong faith and out of love for Allah and the Prophet, and in the interests of the religion, is praiseworthy.
The Islamic Ruling on the Permissibility of Martyrdom Operations
Sheikh al-Uyayri
Terrorism
Qur'an
Verse 8:12
I am with you, therefore make firm those who believe. I will cast terror into the hearts of those who disbelieve. Therefore strike off their heads and strike off every fingertip of them.
Explanation of verse 8:12
When your Lord inspired the angels, with whom He reinforced the Muslims, [saying]: ‘I am with you, with assistance and victorious help, so make the believers stand firm, by helping [them] and giving [them] good tidings. I shall cast terror, fear, into the hearts of the disbelievers; so smite above the necks, that is, the heads, and smite of them every finger!’, that is, [smite] the extremities of their hands and feet: thus, when one of them went to strike an disbeliever’s head, it would roll off before his sword reached it."'
Verse 8:60
Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into (the hearts of) the enemies, of Allah and your enemies
Explanation of verse 8:60
(to threaten), or
to strike fear,
(the enemy of Allah and your enemy), the disbelievers,
(and others besides them), such as Bani Qurayzah, according to Mujahid, or persians, according to As-Suddi.
Make ready for them, for fighting them, whatever force you can, the Prophet (s) said that this refers to ‘archers’, as reported by Muslim, and of horses tethered (ribāt is a verbal noun, meaning, ‘restraining them [for use] in the way of God’) that thereby you may
dismay, terrify, the enemy of God and your enemy Hadith and Islamic Sources
Narrated Abu Huraira:
Allah's Apostle said, "I have been sent with the shortest expressions bearing the widest meanings, and I have been made victorious with terror (cast in the hearts of the enemy), and while I was sleeping, the keys of the treasures of the world were brought to me and put in my hand." Abu Huraira added: Allah's Apostle has left the world and now you, people, are bringing out those treasures (i.e. the Prophet did not benefit by them).
After the Messenger had finished with the Khaybar Jews,
Allah cast terror into the hearts of the Jews in Fadak when they received news of what Allah had brought upon Khaybar. Fadak became the exclusive property of Allah’s Messenger.
Tabari VIII 129
We have been dealt a situation from which there is no escape. You have seen what Muhammad has done. Arabs have submitted to him and we do not have the strength to fight. You know that no herd is safe from him. And
no one even dares go outside for fear of being terrorized. Tabari IX 42
Scholars on Terrorism
Ziauddin Barani (1285 - 1357 AD)
Musalmans will be favored and honored; infidels and men of bad faith will be faced with destitution and disgrace; the orders of the unlawful fate and the opposed creeds will be erased; the laws of the shari'at will be enforced on the seventy-two communities; and the enemies of God and the Prophet, will be
condemned, banished, repudiated, and terrorized Ziauddin Barani - Fatawa-i Jahandari
Dr. Yusuf Azzam
"Jihad Against the Kuffar is of two Types: Offensive Jihad (where the enemy is attacked in his own territory) ... [and] Defensive Jihad. This is expelling the Kuffar from our land, and it is Fard Ayn [personal religious obligation on Muslim individuals], a compulsory duty upon all ...
...Where the Kuffar [infidels] are not gathering to fight the Muslims, the fighting becomes Fard Kifaya [religious obligation on Muslim society] with the minimum requirement of appointing believers to guard borders, and the sending of an army at least once a year to
terrorise the enemies of Allah.
[18] For further information, see: Qur'an, Hadith and Scholars:Muhammad and Terrorism and If Anyone Slew a Person (Qur'an 5:32)
The Role of the Caliph
Shafi'i Fiqh
o9.0 (O: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada, signifying warfare to establish the religion.
o9.1 Jihad is a communal obligation (def: c3.2). When enough people perform it to successfully accomplish it, it is no longer obligatory upon others.
o9.8 The caliph makes war upon Jews, Christians, and Zoroastrians [kafirs] (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4) - which is the significance of their paying it, not the money itself-while remaining in their ancestral regions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High.
(
A: though if there is no caliph (def: o25), no permission is required).
[19] Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik
Hanbali Fiqh
In Al Mughni by Ibn al Qadamah: "Jihad becomes Fard Ayn in three situations:
1) If the two sides meet in battle and they approach each other.
2) If the Kuffar enter a land, jihad becomes Fard Ayn upon its people.
3) If the Imam calls a people to march forward it is obligatory upon them to
march forward.
[17] The first two points do not mention anything about an Imam or caliphate.
For further information, see: Jihad as Obligation (Fard)
Parental Permission and Jihad
"If the enemy enters a Muslim land, there is no doubt that it is obligatory for the closest and then the next closest to repel him, because the Muslim lands are like one land.
It is obligatory to march to the territory even without the permission of parents or creditor, and narrations reported by Ahmad are clear on this." This situation is known as the General March.
[17] Ibn Taymiyyah
The Jihad which needs permission of parents is the offensive one where you invade non-Muslim land.
When Jihad is an individual obligation upon Muslims then parents permission is not required. As for non-obligatory Jihad in which one participates voluntarily, one has to seek the permission of his parents to it. Al-Bukhari reported on the authority of `Abdullah ibn `Amr: A man came to the Prophet asking his permission to take part in Jihad. The Prophet asked him, "Are your parents alive?" He replied in the affirmative. The Prophet said to him, "Then exert yourself in their service."
Cutting Down Trees During Jihad
Muhammad once forbade his followers from cutting trees but later abrogated, or overruled that commandment
Qur'an
What you O Muslims cut down of a palm tree of the enemy or you left it standing on its stem it was by the Leave of Allah, and in order that He might disgrace the Fasiqun(the rebellious, the disobent to Allah)'
Hadith
It is narrated on the authority of 'Abdullah that the Messenger of Allah (may peace be upon him) ordered the date-palms of
Banu Nadir to be burnt and cut. These palms were at Buwaira. Qutaibah and Ibn Rumh in their versions of the tradition have added: So Allah, the Glorious and Exalted, revealed the verse:" Whatever trees you have cut down or left standing on their trunks, it was with the permission of Allah so that He may disgrace the evil-doers" (lix. 5).
Narrated Anas: ... The Prophet ordered that the graves of the pagans be dug out and the unleveled land be level led and the
date-palm trees be cut down . (So all that was done). They aligned these cut date-palm trees towards the Qibla of the mosque (as a wall) and they also built two stone side-walls (of the mosque).
'Abdullah b. Umar reported that Allah's Apostle (may peace be upon him)
burnt the date-palms of Banu Nadir.
Scholars
(What you cut down of the Linah, or you left them standing on their stems, it was by leave of Allah, and in order that He might disgrace the rebellious.) Linah is an especially good type of date tree. Abu `Ubaydah said that Linah is a different kind of dates than `Ajwah and Barni. Several others said that Linah refers to every type of date fruits, except for the `Ajwah (ripen dates), while Ibn Jarir said that it refers to all kinds of date trees. Ibn Jarir quoted Mujahid saying that it also includes the Buwayrah type. When the Messenger of Allah laid siege to Bani An-Nadir, to
humiliate them and bring fear and terror to their hearts, he ordered their date trees to be cut down. Muhammad bin Ishaq narrated that Yazid bin Ruman, Qatadah and Muqatil bin Hayyan said, "
Bani An-Nadir sent a message to the Messenger , saying that he used to outlaw mischief in the earth, so why did he order that their trees be cut down Allah sent down this honorable Ayah stating that whatever Linah was felled or left intact by the Muslims, has been done by His permission, will, leave and pleasure to humiliate and disgrace the enemy and degrade them.
Mujahid said, "Some of the emigrants discouraged others from chopping down the date trees of Jews, saying that they were war spoils for Muslims. The Qur'an approved of the actions of those who discouraged and those who approved of cutting these trees, stating that those who cut them or did not, did so only by Allah's leave. There is also a Hadith narrated from the Prophet with this meaning. An-Nasa'i recorded that Ibn `Abbas said about Allah's statement,
Al-Ghazali
...[O]ne must go on jihad (i.e. razzias or raids) at least once a year ... one may use a catapult against them when they are in a fortress, even if among them are women and children. One may set fire to them and/or drown them. ... If a person of the
ahl al-kitab [i.e. People of the Book] is enslaved, his marriage is revoked. ...
One may cut down their trees. ... One must destroy their useless books. Jihadists may take as booty whatever they decide ... they may steal as much food as they need...
[5] Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i
Female Participation in Jihad
Maliki Fiqh
In Hashiyat ad Dussuqi it is stated: Jihad becomes Fard Ayn upon a surprise attack by the enemy. Dussuqi said: "Wherever this happens, jihad immediately becomes Fard Ayn upon everybody,
even women, slaves and children, and they march out even if their guardians, husbands and creditors forbid them to.
[17] Shafi'i Fiqh
In the Nihayat al Mahtaj by Ramli: "If they approach one of our lands and the distance between them and us becomes less than the distance permitting the shortening of prayers, then the people of that territory must defend it and it becomes Fard Ayn even upon the people for whom there is usually no jihad; the poor, the children, the slaves, the debtor
and the women.[17] Recent fatwas'
There are two situations where women could participate in Jihad.
First, if the enemies invade Muslims in their homes, all Muslims who could carry weapons (women, men, and children) must participate in fighting to chase away the enemies and protect Muslim territorial integrity. In this situation, they should participate in any way they can.
Second, if the Muslims invade their enemies, in this case, the Muslim women can participate and go with the Muslim army if the latter is a strong and powerful army and if there is no fear that Muslim women would be taken prisoners. Ibn Abdel Bar [who was a famous Maliki Islamic Scholar] said: 'They (the women) can go with the army if the army is strong enough to take hold of the enemy's army'.
This is the opinion of all scholars and it is an imitation of a Sunnah that the Prophet did and his companions followed. In fact the Prophet took his wives and some of the wives of the Muslims in several Ghazawa (holy battles in the company of the Prophet) as narrated in a sound Hadith.
But the role of women was limited mostly in looking after the wounded and providing food and drink to the men. However, whenever they are requested to carry weapons or fight they should do so, especially now when women can participate in war without having to travel. If she has to travel it should be within the limits of her nature.
Um Umara Nasiba Bint Kaab Al Ansaria fought in Uhud and also fought with the army that killed Musailimah, the liar. She was wounded in thirteen places that day and her hand was cut off.
Originally war was a male affair. But women can participate in it if there is dire need for it and provided that they would not be made prisoners.
Dear questioner, Muslim jurists unanimously agreed that, when the enemy attacks part of the Muslim territories Jihad become an Individual Duty on every one. This obligation reaches a certain extent that a woman should go out for Jihad even without the permission of her husband, and the son without the consent of his parents.
. . .
When Jihad becomes an Individual Duty, as when the enemy seizes the Muslim territory, a woman becomes entitled to take part in it alongside men. Jurists maintained that: When the enemy assaults a given Muslim territory, it becomes incumbent upon all its residents to fight against them to the extent that a woman should go out even without the consent of her husband, a son can go too without the permission of his parent, a slave without the approval of his master, and the employee without the leave of his employer. This is a case where obedience should not be given to anyone in something that involves disobedience to Allah, according to a famous juristic rule.
. . .
As for the point that carrying out this operation may involve woman’s travel from place to another without a Mahram, we say that a woman can travel to perform Hajj in the company of other trustworthy women and without the presence of any Mahram as long as the road is safe and secured. Travel, nowadays, is no longer done through deserts or wilderness, instead, women can travel safely in trains or by air.
Concerning the point on Hijab, a woman can put on a hat or anything else to cover her hair. Even when necessary, she may take off her Hijab in order to carry out the operation, for she is going to die in the Cause of Allah and not to show off her beauty or uncover her hair. I don’t see any problem in her taking off Hijab in this case.
Kidnapping and Killing Prisoners of War
Qur'an
It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land. You desire the good of this world (i.e. the money of ransom for freeing the captives), but Allah desires (for you) the Hereafter. And Allah is All-Mighty, All-Wise. Were it not a previous ordainment from Allah, a severe torment would have touched you for what you took. But (now) enjoy what ye took in war, lawful and good: but fear Allah: for Allah is Oft-forgiving, Most Merciful.
Hadith
The killing of all males who've reached puberty
Narrated Atiyyah al-Qurazi: I was among the captives of Banu Qurayza. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.
Narrated Abu-Sa'id al-Khudri: When the tribe of Banu Qurayza was ready to accept Sad's judgment, Allah's Apostle sent for Sad who was near to him. Sad came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sad came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sad said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sad! You have judged amongst them with (or similar to) the judgment of the King Allah."
For further information, see: The Genocide of Banu Qurayza
The killing of a woman
Narrated Aisha: No woman of Banu Qurayza was killed except one. She was with me, talking and laughing on her back and belly (extremely), while the Apostle of Allah (peace be upon him) was killing her people with the swords. Suddenly a man called her name: Where is so-and-so? She said: I I asked: What is the matter with you? She said: I did a new act. She said: The man took her and beheaded her. She said: I will not forget that she was laughing extremely although she knew that she would be killed.
Scholars
The matter of prisoners of war is up to the Imam. If he decides, he can have them killed, such as in the case of Banu Qurayzah. If he decides, he can accept a ransom for them, as in the case of the prisoners of Badr, or exchange them for Muslim prisoners"
"The Shari'ah enjoins fighting the unbelievers, but not the killing of those who have been captured. If a male unbeliever is taken captive during warfare or otherwise, e.g. as a result of a shipwreck, or because he lost his way, or as a result of a ruse, then the head of state (imam) may do whatever he deems appropriate: killing him, enslaving him, releasing him or setting him free for a ransom consisting in either property or people."
[4] Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’
Ibn Qudamah (1147-1223) was a noted Islamic scholar who was born in Jerusalem and died in Damascus.
The chief of state decides on the fate of the men who are taken prisoners; he can have them put to death, reduce them to slavery, free them in return for a ransom or grant them their freedom as a gift.
[20] Le precis de droit d'Ibn Qudama, jurisconsulte musulman d'ecole hanbalite ne a Jerusalem en 541/1146
Raping Female Prisoners of War
- Main Articles: Rape in Islamic Law and Al-'Azl
Qur'an
Also (forbidden are) women already married,
except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.
Hadith
Abu Sa'id al-Khudri reported that at the Battle of Hunain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (Quran 4:. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).
Abu Said al-Khudri said: "The apostle of Allah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives.
Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Quranic verse, "And all married women (are forbidden) unto you save those (captives) whom your right hands possess". That is to say, they are lawful for them when they complete their waiting period." [The Quran verse is 4:24]
Scholars
The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women." (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.
Enslaving Prisoners of War
- Main Article: Islamic Law - Slavery
Hadith
Narrated 'Abdul 'Aziz: Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there yearly in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar,
took the captives, and the booty was collected. Dihya came and said, '
O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraiza and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, '
Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her..."
Narrated 'Amr bin Taghlib: Allah's Apostle gave (gifts) to some people to the exclusion of some others. The latter seemed to be displeased by that.
The Prophet said, "I give to some people, lest they should deviate from True Faith or lose patience, while I refer other people to the goodness and contentment which Allah has put in their hearts, and 'Amr bin Taghlib is amongst them." 'Amr bin Taghlib said, "The statement of Allah's Apostle is dearer to me than red camels."
Narrated Al-Hasan: 'Amr bin Taghlib told us that Allah's Apostle got some property or
some war prisoners and he distributed them in the above way (i.e. giving to some people to the exclusion of others) .
References
- ↑ Military Operations in the Era of Prophet Mohammed (SAW) - military.hawarey.org
- ↑ Jihad in classical and Modern Islam, Rudolph Peters, Pg.179
- ↑ Islam - A mufti explains, why Muhammad killed Women and Children
- ↑ 4.0 4.1 4.2 Cite error: Invalid
<ref> tag; no text was provided for refs named ibn Taymiyyah
- ↑ 5.0 5.1 Excerpted form Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i (Beirut, 1979), pp. 186, 190-91, 199-200, 202-203. English translation by Dr. Michael Schub.
- ↑ Excerpted from Bidayat al-Mudjtahid, in Rudolph Peters, Jihad in Medieval and Modern Islam: The Chapters on Jihad from Averroes' Legal Handbook "Bidayat al-mudjtahid," trans. and annotated by Rudolph Peters (Leiden: Brill, 1977), pp. 9-25.
- ↑ Robert Spencer - Sheikhs debate whether killing Muslim non-combatants is permissible - Jihad Watch, June 11, 2005
- ↑ Abdullah ibn Jaish - Life of Mohamed (Sirah), Non combatants
- ↑ Sheikh Osama bin Laden’s speech to the people of Pakistan - Translated From Urdu By Ahmed Al-Marid, September 26, 2007
- ↑ Fayd al-Qadir vol.4 pg. 511
- ↑ Ibn Taymiyahh, Al Furqan, Pg 44-45
- ↑ Jihad Al Akbar - As-Sunnah Foundation of America, from Shaykh Hisham Kabbani's "Islamic Beliefs and Doctrine According to Ahl al-Sunna: A Repudiation of "Salafi" Innovations"
- ↑ Dr. Suhaib Hassan - The Science of Hadith - TheReligionIslam
- ↑ Be Aware - Da'eef (weak), mawdoo’ (fabricated) hadeeth - World of Islam Portal, May 10, 2008
- ↑ Wazir Allah Khan - Hadith authenticity - lesser jihad to greater jihad - SunniForums
- ↑ 16.0 16.1 16.2 Referenced by Abdullah Yusuf Azzam in "Join the caravan" pg 4
- ↑ 17.0 17.1 17.2 17.3 17.4 17.5 17.6 17.7 Offensive Jihad Vs. Defensive Jihad - Islamic Emirate Online, The Fiqh Department
- ↑ Sheikh Abdullah Azzam (Shaheed) - Defence of the Muslim Lands: The First Obligation After Iman - Chapter 1
- ↑ Ahmad Ibn Lulu Ibn Al-Naqib, translated by Noah Ha Mim Keller - Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik - Published by Amana Corporation; Revised edition (July 1, 1997), ISBN-13: 978-0915957729
- ↑ Excerpted from Henri Laoust, trans., Le precis de droit d'Ibn Qudama, jurisconsulte musulman d'ecole hanbalite ne a Jerusalem en 541/1146, mort a Damas en 620/1123, Livre 20, "La Guerre Legale" (Beirut, 1950), pp. 273-76, 281. English translation by Michael J. Miller.