Jihad in Islamic Law

Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.

Allah then commanded fighting the disbelievers when He said:

(...until there is no more Fitnah) meaning, Shirk. This is the opinion of Ibn `Abbas, Abu Al-`Aliyah, Mujahid, Al-Hasan, Qatadah, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi and Zayd bin Aslam.

Allah's statement:

(...and the religion (all and every kind of worship) is for Allah (Alone).) means, `So that the religion of Allah becomes dominant above all other religions.' It is reported in the Two Sahihs that Abu Musa Al-Ash`ari said: "The Prophet was asked, `O Allah's Messenger! A man fights out of bravery, and another fights to show off, which of them fights in the cause of Allah' The Prophet said:

(He who fights so that Allah's Word is superior, then he fights in Allah's cause.) In addition, it is reported in the Two Sahihs:

(I have been ordered (by Allah) to fight the people until they proclaim, `None has the right to be worshipped but Allah'. Whoever said it, then he will save his life and property from me, except for cases of the law, and their account will be with Allah.)

Fight them till there is no sedition, no idolatry, and the religion, all worship, is for God, alone and none are worshipped apart from Him; then if they desist, from idolatry, do not aggress against them. This is indicated by the following words, there shall be no enmity, no aggression through slaying or otherwise, save against evildoers. Those that desist, however, are not evildoers and should not be shown any enmity.

Fight them until there is no [more] fitnah and religion and every kind of worship is for Allah alone.

(Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture,) This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination. The Messenger sent his intent to various Arab areas around Al-Madinah to gather forces, and he collected an army of thirty thousand. Some people from Al-Madinah and some hypocrites, in and around it, lagged behind, for that year was a year of drought and intense heat. The Messenger of Allah marched, heading towards Ash-Sham to fight the Romans until he reached Tabuk, where he set camp for about twenty days next to its water resources. He then prayed to Allah for a decision and went back to Al-Madinah because it was a hard year and the people were weak, as we will mention, Allah willing.

Fight those who don't believe in God nor in the Last Day [Unless they believe in the Prophet God bless him and grant him peace] nor hold what is forbidden that which God and His emissary have forbidden [e.g., wine] nor embrace the true faith [which is firm, and abrogates other faiths, i.e., the Islamic religion] from among [for distinguishing] those who were given the Book [i.e., the Jews and Christians] unless they give the head-tax [i.e., the annual taxes imposed on them] (/'an yadin/) humbly submissive, and obedient to Islam's rule.^[2]

"The theory that our religion is a peaceful and loving religion is a wrong theory...The Holy war as it is known in Islam is basically an offensive war, and it is the duty of all Muslims of every age, when the needed military power is available, because our prophet Muhammad said that he is ordered by Allah to fight all people until they say ‘No God but Allah,’ and he is his messenger...It is meaningless to talk about the holy war as only defensive, otherwise, what did the prophet mean when he said, "from now on even if they don’t invade you, you must invade them.""

"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. It is a duty of the Imam (Caliph) to assemble and send out an army unit into the land of war once or twice every year. Moreover, it is the responsibility of the Muslim population to assist him, and if he does not send an army he is in sin.- And the Ulama have mentioned that this type of jihad is for maintaining the payment of Jizya. The scholars of the principles of religion have also said: " Jihad is Daw'ah [Islamic preaching] with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam."^[3]

The penalties that the Sharia has introduced for those who disobey God and his Messengers of two kinds: the punishment of those who are under the sway [of an imam], both individuals and collectivities, as has been mentioned before [in the chapter on criminal law], and, secondly, the punishment of recalcitrant groups, such as those that can only be brought under the sway of the Imam by a decisive fight. That then is the jihad against the unbelievers (kuffar), the enemies of God and His Messenger. For whoever has heard the summons of the Messenger of God, Peace be upon him, and has not responded to it must be fought, "until there is no Fitna and the religion of God's entirely" (K. 2:193, 8:39).^[4]

"Since lawful warfare is essentially Jihad and since its aim is that religion is entirely for Allah and the word of Allah is uppermost, therefore, according to all Muslims, those who stand in the way of this aim must be fought.^[5]

Shariat can be fostered through the sword.

Kufr and Islam are opposed to each other. The progress of one is possible only at the expense of the other and co-existences between these two contradictory faiths in unthinkable.

The honor of Islam lies in insulting kufr and kafirs. One who respects kafirs, dishonors the Muslims. To respect them does not merely mean honouring them and assigning them a seat of honor in any assembly, but it also implies keeping company with them or showing considerations to them. They should be kept at an arm's length like dogs. ... If some worldly business cannot be performed without them, in that case only a minimum of contact should be established with them but without taking them into confidence. The highest Islamic sentiment asserts that it is better to forego that worldly business and that no relationship should be established with the kafirs.

The real purpose in levying jizya on them is to humiliate them to such an extent that, on account of fear of jizya, they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honor and might of Islam.
. . .

Whenever a Jew is killed, it is for the benefit of Islam.^[6]

Narrated Anas bin Malik:

Allah's Apostle said, "I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah.' And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah." Narrated Maimun ibn Siyah that he asked Anas bin Malik,

"O Abu Hamza! What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."

On the day of Al-Ahzab (i.e. clans) the Prophet said, (After this battle) we will go to attack them (i.e. the infidels) and they will not come to attack us." Sahih Bukhari, 5:59:435

Submit to Islam and be safe. Or agree to the payment of the Jizya, and you and your people will be under our protection, else you will have only yourself to blame for the consequences, for I bring the men who desire death as ardently as you desire life.^[7]

Summon the people to God; those who respond to your call, accept it from them, but those who refuse must pay the poll tax out of humiliation and lowliness. If they refuse this, it is the sword without leniency. Fear God with regard to what you have been entrusted.^[8]

You [Khosru and his people] should convert to Islam, and then you will be safe, for if you don't, you should know that I have come to you with an army of men that love death, as you love life.^[9]

When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, 'Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me

"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”."

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".^[5]

...[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...

^[12]

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 ^[13]

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."

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."^[14]

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

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.

Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors.

this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:

(And fight in the way of Allah those who fight you,) Abu Al-`Aliyah said, "This was the first Ayah about fighting that was revealed in Al-Madinah. Ever since it was revealed, Allah's Messenger used to fight only those who fought him and avoid non-combatants. Later, Surat Bara'ah (chapter 9 in the Qur'an) was revealed." `Abdur-Rahman bin Zayd bin Aslam said similarly, then he said that this was later abrogated by the Ayah

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.'^[17]

"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."

"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."^[18]

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.

“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.”

"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."^[19]

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). ^[20][21]

"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."

"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.^[23]

Standing for an hour in the ranks of battle is better than standing in prayer for sixty years.^[23]

"A morning or evening spent in the path of Allah is better than the world and all it contains".^[23]

"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

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.^[24]

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.^[24]

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.^[24]

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.^[24]

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).

‘This has been abrogated by the “sword verse” [Q. 9:5]’

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.

(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

"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."

"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".^[5]

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.

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.

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.

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."'

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

(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

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.

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.

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

"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. ^[25]

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).^[26]

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.^[24]

"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.^[24]

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."

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)'

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.

(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,

...[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...^[12]

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.^[24]

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.^[24]

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.
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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.
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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.

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.

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."

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.

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."^[5]

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.^[27]

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.

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]

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.

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) .