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Jihad, understood as an offensive struggle against Dar Al-Harb (the House of War or the realm of the infidels), is a duty incumbent upon Muslims and the Ummah, and as such is to be carried out in a variety of ways. Outright war and fighting is permitted, and as the prophet himself said (in agreement with many great generals and military leaders throughout history such as Sun Tzu and von Clausewitz) "war is deceit" and as such breaking treaties, oaths, and promises is permittable as a part of Jihad on the path of Allah, and likewise all other forms of misdirection as a part of jihad. Muslim scholars generally agree that the the duty of Jihad is eternal until "the religion is to Allah" yet significant differences exist between scholars about whether Jihad may be validly conducted when the presence of a caliph and commander of the faithful is lacking. This difference constitutes a major point of contention between salafi-jihadis and conservative but quietist salafi factions, with the jihadis believing that a caliph is not a necessary pre-requisite for jihad. Although differences exist in the modern understanding of when and where jihad may be conducted, the classical sources are all in agreement that "jihad fi sabil allah" "Jihad-warfare on the path of god" against the unbelievers is a duty incumbent upon all able-bodied Muslim men.
Breaking Treaties
If thou fearest treachery from any group, throw back (their covenant) to them, (so as to be) on equal terms: for Allah loveth not the treacherous.
Lo! this (Qur'an) is a conclusive word,
It is no pleasantry.
Lo! they plot a plot (against thee, O Muhammad)
And I plot a plot (against them).
So give a respite to the disbelievers. Deal thou gently with them
for a while.
And an announcement from Allah and His Messenger, to the people (assembled) on the day of the Great Pilgrimage,- that
Allah and His Messenger dissolve (treaty) obligations with the Pagans. If then, ye repent, it were best for you; but if ye turn away, know ye that ye cannot frustrate Allah. And proclaim a grievous penalty to those who reject Faith.
Narrated Abu Huraira: Allah's Apostle called,: "War is deceit".
Narrated Jabir: The Prophet said, "Who is ready to kill Ka'b bin Ashraf (i.e. a Jew)." Muhammad bin Maslama replied, "Do you like me to kill him?" The Prophet replied in the affirmative. Muhammad bin Maslama said,
"Then allow me to say what I like." The Prophet replied, "I do (i.e. allow you)." Narrated Jabir bin 'Abdullah: Allah's Apostle said, "Who is willing to kill Ka'b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes,"
Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Kab). "The Prophet said, "You may say it." Then Muhammad bin Maslama went to Kab and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Kab said, "By Allah, you will get tired of him!"...
Then he composed amatory verses of an insulting nature about the Muslim women. The apostle said--according to what 'Abdullah b. al-Mughith b. Abu Burda told me--'Who will rid me of Ibnu'I-Ashraf?' Muhammad b. Maslama, brother of the B. 'Abdu'l-Ashhal, said, 'I will deal with him for you, O apostle of God, I will kill him.' He said, 'Do so if you can: So Muhammad b. Maslama returned and waited for three days without food or drink, apart from what was absolutely necessary. When the apostle was told of this he summoned him and asked him why he had given up eating and drinking. He replied that he had given him an undertaking and he did not know whether he could fulfil it. The apostle said, 'All that is incumbent upon you is that you should try: He said, 'O apostle
of God, we shall have to tell lies.' He answered, 'Say what you like, for you are free in the matter.'
Ibn Ishaq (d. 768); Ibn Hisham (d. 833), A. Guillaume, ed, The Life of Muhammad [Sirat Rasul Allah], Oxford UP, p. 365, ISBN 0-19-636033-1, 1955, https://archive.org/details/GuillaumeATheLifeOfMuhammad/page/n1/mode/2up ابن إسحاق; ابن هشام, سيرة ابن هشام ت السقا, vol. 2, al-Maktabah al-Shamilah, pp. 54-55, https://app.turath.io/book/23833 See Also
Al-Tabari, Vol. 7, p. 94 The Affair of Al-Hajjaj b. 'Ilat al-Sulami:
When Khaybar had been conquered al-Hajjaj b. 'Ilat al-Sulami of the clan al-Bahz said to the apostle, 'I have money with my wife Umm Shayba d. Abu Talha--when they had lived together he had a son called Mu'rid by her--and money scattered among the Meccan merchants, so give me permission to go and get it.' Having got his permission he said, 'I must tell lies, O apostle.' He said, 'Tell them.'
Ibn Ishaq (d. 768); Ibn Hisham (d. 833), A. Guillaume, ed, The Life of Muhammad [Sirat Rasul Allah], Oxford UP, p. 519, ISBN 0-19-636033-1, 1955, https://archive.org/details/GuillaumeATheLifeOfMuhammad/page/n1/mode/2up ابن إسحاق; ابن هشام, سيرة ابن هشام ت السقا, vol. 2, al-Maktabah al-Shamilah, p. 345, https://app.turath.io/book/23833 It is permissible to expose women and children to danger in the course of waging Jihad.
Narrated As-Sab bin Jaththama: The Prophet passed by me at a place called Al-Abwa or Waddan, and was asked whether it was permissible to attack the pagan warriors at night with the probability of exposing their women and children to danger.
The Prophet replied, "They (i.e. women and children) are from them (i.e. pagans)." I also heard the Prophet saying, "The institution of Hima is invalid except for Allah and His Apostle."
It is permissible to trample over women and children with horses:
Narrated Ibn 'Abbas:
"I was informed by As-Sa'b bin Jaththamah who said: " I said: "O Messenger of Allah our horses trampled over women and children of the idolaters." He said: "They are from their fathers.'"
[Abu 'Eisa said:] This Hadith is Hasan Sahih.
Narrated Anas ibn Malik: The Prophet (peace be upon him) said: Three things are the roots of faith: to refrain from (killing) a person who utters, "There is no god but Allah" and not to declare him unbeliever whatever sin he commits, and not to excommunicate him from Islam for his any action; and jihad will be performed continuously since the day Allah sent me as a prophet until the day the last member of my community will fight with the Dajjal (Antichrist). The tyranny of any tyrant and the justice of any just (ruler) will not invalidate it. One must have faith in Divine decree.
Jihad is a communal obligation (def: c3.2). When enough people perform it to successfully accomplish it, it is no longer obligatory upon others (0: the evidence for which is the Prophet's saying (Allah bless him and give him peace), "He who provides the equipment for a soldier in jihad has himself performed jihad," and Allah Most High having said: "Those of the believers who are unhurt but sit behind are not equal to those who fight in Allah's path with their property and lives. Allah has preferred those who fight with their property and lives a whole degree above those who sit behind. And to each. Allah has promised great good" (Koran 4:95). If none of those concerned perform jihad, and it does not happen at all, then everyone who is aware that it is obligatory is guilty of sin, if there was a possibility of having performed it. In the time of the Prophet (Allah bless him and give him peace) jihad was a communal obligation after his emigration (hijra) to Medina. As for subsequent times, there are two possible states in respect to non-Muslims. The first is when they are in their own countries, in which case jihad (def: 09.8) is a communal obligation, and this is what our author is speaking of when he says, "Jihad is a communal obligation," meaning upon the Muslims each year.
Reliance of the Traveler o9.1