Jihad in Islamic Law: Difference between revisions

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There has been much confusion spread in regards to the nature of [[Jihad]] in [[Islam]]. This article looks at and corrects the most common misconceptions spread by Muslims.
There has been much confusion spread in regards to the nature of [[Jihad]] in [[Islam]]. This article looks at and corrects the most common misconceptions.


==Jihad is Only Defensive?==
==Jihad was Mostly Offensive Throughout History==


This is not true. According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.<ref>[http://military.hawarey.org/military_english.htm Military Operations in the Era of Prophet Mohammed (SAW)] - military.hawarey.org</ref>
This is not true. According to Muslim scholar Dr. Hawarey, 80% of the battles Muhammad participated in were offensive.<ref>[http://military.hawarey.org/military_english.htm Military Operations in the Era of Prophet Mohammed (SAW)] - military.hawarey.org</ref>
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...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 [[Jizyah|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."<ref>[[Defence of the Muslim Lands|Defence of the Muslim Lands: The First Obligation After Iman]] - Abdullah Azzam</ref>}}
...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 [[Jizyah|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."<ref>[[Defence of the Muslim Lands|Defence of the Muslim Lands: The First Obligation After Iman]] - Abdullah Azzam</ref>}}


<span class="plainlinks">[http://en.wikipedia.org/wiki/Taymiyyah Ibn Taymiyyah]</span> (1263 - 1328) was a famous Islamic scholar, theologian and logician. As a member of the school founded by Ibn Hanbal, he sought the return of Islam to its sources, the Qur'an and the Sunnah.
<span class="plainlinks">[http://en.wikipedia.org/wiki/Taymiyyah Ibn Taymiyyah]</span> (1263 - 1328) was one of the most famous Islamic scholars and theologians to ever live. As a member of the school founded by Ibn Hanbal, he sought the return of Islam to its sources, the Qur'an and the Sunnah.


{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
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For further information, see: [[Invitations to Islam Prior to Violence]] and [[Qur'an, Hadith and Scholars:Jizyah]]
For further information, see: [[Invitations to Islam Prior to Violence]] and [[Qur'an, Hadith and Scholars:Jizyah]]


==You Cannot Kill Non-Combatants?==
==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:
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:
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{{Quote|{{Muslim|19|4321}}, See also: {{Bukhari|4|52|256}}|"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”." }}
{{Quote|{{Muslim|19|4321}}, See also: {{Bukhari|4|52|256}}|"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 indiscriminate killings.<ref>[http://books.google.co.uk/books?id=WC_2AtmBOpEC&printsec=frontcover&source=gbs_v2_summary_r&cad=0#v=onepage&q&f=false Jihad in classical and Modern Islam, Rudolph Peters, Pg.179]</ref> Muslim cleric Omar Bakri Mohammed also referred to this hadith to justify why killing women and children is Islamic.<ref>[http://video.google.com/videoplay?docid=5532956235787015675# Islam - A mufti explains, why Muhammad killed Women and Children]</ref>
Sheikh Al Shuaybi says that Muhammad therefore (as is evident) acknowledged that non-combatants could be killed and allowed at least semi-indiscriminate killings.<ref>[http://books.google.co.uk/books?id=WC_2AtmBOpEC&printsec=frontcover&source=gbs_v2_summary_r&cad=0#v=onepage&q&f=false Jihad in classical and Modern Islam, Rudolph Peters, Pg.179]</ref> Muslim cleric Omar Bakri Mohammed also referred to this hadith to justify why killing women and children is Islamic.<ref>[http://video.google.com/videoplay?docid=5532956235787015675# Islam - A mufti explains, why Muhammad killed Women and Children]</ref>


It is true that in other hadith, Muhammad forbade intentionally targeting woman and children. However, scholars have come to the logical 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.
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.


{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming
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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 <ref>[http://mercytomankind.net/TheLifeOfMohamedDir/AbdullahIbnJahshRaid.html Abdullah ibn Jaish -  Life of Mohamed (Sirah), Non combatants]</ref> [[Osama Bin Laden]] also used this in his interviews to justify killing non-combatants.<ref>[http://www.jihadunspun.com/intheatre_internal.php?article=109033&list=/home.php Sheikh Osama bin Laden’s speech to the people of Pakistan] - Translated From Urdu By Ahmed Al-Marid, September 26, 2007</ref>
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 <ref>[http://mercytomankind.net/TheLifeOfMohamedDir/AbdullahIbnJahshRaid.html Abdullah ibn Jaish -  Life of Mohamed (Sirah), Non combatants]</ref> [[Osama Bin Laden]] also used this in his interviews to justify killing non-combatants.<ref>[http://www.jihadunspun.com/intheatre_internal.php?article=109033&list=/home.php Sheikh Osama bin Laden’s speech to the people of Pakistan] - Translated From Urdu By Ahmed Al-Marid, September 26, 2007</ref>
 
==Offensive Jihad==
 
==You Can Only Fight Those Who Fight You?==


===Verse===
===Verse===
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{{Quote|[http://quran.com/2/190 Surat Al-Baqarah (The Cow) 2:190]<BR>Tafsir al-Jalalayn|this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:}}
{{Quote|[http://quran.com/2/190 Surat Al-Baqarah (The Cow) 2:190]<BR>Tafsir al-Jalalayn|this stipulation was abrogated by the verse of barā’a, ‘immunity’ [Q. 9:1], or by His saying [below]:}}


==The Best Jihad is The Inner Struggle?==
==The Greater Jihad==
{{Main|Lesser vs Greater Jihad}}
{{Main|Lesser vs Greater Jihad}}
===Background===
===Background===
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{{Quote||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.'<ref>Fayd al-Qadir vol.4 pg. 511</ref>}}
{{Quote||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.'<ref>Fayd al-Qadir vol.4 pg. 511</ref>}}


This hadith does not appear in any of the famous hadith books (Sahih Bukhari, Muslim, Dawud, Tirmidhi), and can be easily refuted.
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 - [[List of Fabricated Hadith|a manner by which very many known fabrications are popularly thought to have scriptural basis]]).  


===Scholars===
===Scholars===
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{{Quote|{{Muwatta|21|21|1.4}}|"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}}
{{Quote|{{Muwatta|21|21|1.4}}|"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?==
==Jihad is not obligatory?==
{{Main|Jihad is Compulsory (Fard)}}
{{Main|Jihad is Compulsory (Fard)}}
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3) If the Imam calls a people to march forward it is obligatory upon them to march forward.<ref name="Islamic Emirate"></ref>}}
3) If the Imam calls a people to march forward it is obligatory upon them to march forward.<ref name="Islamic Emirate"></ref>}}


==If They Incline Towards Peace, You Must Incline Towards Peace?==
==Favoring War==


===Verse===
===Verse===
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===Meaning===
===Meaning===


In both the Tafsir Ibn Abbas and Tafsir al-Jalalayn, it states that according to Ibn ‘Abbās (Muhammad's Cousin) verse 8:61 has been replaced ([[Abrogation (Naskh)|abrogated]]) by another well known verse.  
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 ([[Abrogation (Naskh)|abrogated]]) by another well known verse.  


{{Quote|[http://quran.com/8/61 Surat Al-'Anfāl (The Spoils of War) 8:61]<BR>Tafsir al-Jalalayn|‘This has been abrogated by the “sword verse” [Q. 9:5]’}}
{{Quote|[http://quran.com/8/61 Surat Al-'Anfāl (The Spoils of War) 8:61]<BR>Tafsir al-Jalalayn|‘This has been abrogated by the “sword verse” [Q. 9:5]’}}
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{{Quote|{{Quran|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.}}
{{Quote|{{Quran|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.}}


Notice that it says "if they '''repent, and establish regular prayers''' and practise regular charity, then open the way for them". The only way a non-believer can repent and establish regular prayers, is by converting to Islam. Muhammad also said, fighting must go on even after it stops.
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.


{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=2035&Itemid=103 The Command to strike the Enemies' Necks]<BR>Tafsir Ibn Kathir|2=(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'''}}
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=2035&Itemid=103 The Command to strike the Enemies' Necks]<BR>Tafsir Ibn Kathir|2=(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'''}}
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{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’|"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".<ref name="ibn Taymiyyah"></ref>}}
{{Quote|Ibn Taymiyyah, ‘Governance According to Allaah’s Law in Reforming the Ruler and his Flock’|"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".<ref name="ibn Taymiyyah"></ref>}}
 
==Suicide Bombing==
 
==Suicide Bombing is Not Allowed in Jihad?==
{{Main|Shahid}}
{{Main|Shahid}}


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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.}}
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, but we strongly urge you to take your time and read it. Referencing the Qur'an and hadith, this piece is enlightening.
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.


{{Quote|[[The Islamic Ruling on the Permissibility of Martyrdom Operations]]<BR>Sheikh al-Uyayri|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:
{{Quote|[[The Islamic Ruling on the Permissibility of Martyrdom Operations]]<BR>Sheikh al-Uyayri|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:
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'''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.}}
'''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.}}
 
==Terrorism==
 
==Terrorism is Not Allowed in Jihad?==


===Qur'an===
===Qur'an===
   
   
Allah casts terror into the disbelievers by the hands of the Muslims.
'''Verse 8:12'''
'''Verse 8:12'''


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For further information, see: [[Qur'an, Hadith and Scholars:Muhammad and Terrorism]] and [[If Anyone Slew a Person|If Anyone Slew a Person (Qur'an 5:32)]]
For further information, see: [[Qur'an, Hadith and Scholars:Muhammad and Terrorism]] and [[If Anyone Slew a Person|If Anyone Slew a Person (Qur'an 5:32)]]
 
==The Role of the Caliph==
 
==You Need a Caliphate or Imam to Participate in Jihad?==


'''Shafi'i Fiqh'''
'''Shafi'i Fiqh'''
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For further information, see: [[Jihad is Compulsory (Fard)]]
For further information, see: [[Jihad is Compulsory (Fard)]]
 
==Parental Permission and Jihad==
 
==You Need Permission From Parents to Participate in Jihad?==


{{Quote|Ibn Taymiyyah|"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.<ref name="Islamic Emirate"></ref>}}
{{Quote|Ibn Taymiyyah|"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.<ref name="Islamic Emirate"></ref>}}
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{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543898 Obtaining Parents' Permission to Participate in Jihad]<BR>Fatwa, Islam Online, April 8, 2003|2='''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."}}
{{Quote|1=[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543898 Obtaining Parents' Permission to Participate in Jihad]<BR>Fatwa, Islam Online, April 8, 2003|2='''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 [[Abrogation (Naskh)|abrogated]], or overruled that commandment
==It is Forbidden to Cut Down Trees in Jihad?==


===Qur'an===
===Qur'an===
Previously Muhammad forbade his followers from cutting trees but then he changed his mind after a new revelation.


{{Quote|{{Quran|59|5}}|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)' }}
{{Quote|{{Quran|59|5}}|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)' }}
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'''Al-Ghazali'''
'''Al-Ghazali'''


{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[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...<ref name="Al-Ghazali"></ref>}}
{{Quote|Al-Ghazali, Kitab al-Wagiz fi fiqh madhab al-imam al-Safi'i|...[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...<ref name="Al-Ghazali"></ref>}}
 
==Female Participation in Jihad==
 
==Woman Cannot Participate in Jihad?==


'''Maliki Fiqh'''
'''Maliki Fiqh'''
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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.}}
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==
 
==You Cannot Kidnap or Kill Prisoners of War?==


===Qur'an===
===Qur'an===
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{{Quote|Le precis de droit d'Ibn Qudama, jurisconsulte musulman d'ecole hanbalite ne a Jerusalem en 541/1146|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.<ref>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.</ref>}}
{{Quote|Le precis de droit d'Ibn Qudama, jurisconsulte musulman d'ecole hanbalite ne a Jerusalem en 541/1146|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.<ref>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.</ref>}}
==Raping Female Prisoners of War==


 
:''Main Articles: [[Rape in Islam]] and [[Al-'Azl]]''
==You Cannot Rape Prisoners of War?==
: ''Main Articles: [[Rape in Islam]] and [[Al-'Azl]]''  


===Qur'an===
===Qur'an===
Line 503: Line 481:
===Scholars===
===Scholars===


{{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=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.}}  
{{Quote|1=[http://tafsir.com/default.asp?sid=4&tid=10803 Forbidding Women Already Married, Except for Female Slaves]<BR>Tafsir Ibn Kathir|2=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|Islamic Law - Slavery]]''
==You Cannot take Prisoners of War for Slavery and War Booty?==
: ''Main Article: [[Islamic_law#Slavery|Islamic Law - Slavery]]''


===Hadith===
===Hadith===
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{{Hub4|Terrorism|Terrorism}}
{{Hub4|Terrorism|Terrorism}}
{{Hub4|Lying|lying}}
{{Hub4|Lying|lying}}


==External Links==
==External Links==


* [{{Reference archive|1=http://www.timesonline.co.uk/tol/news/uk/crime/article4959002.ece|2=2011-06-01}} Link between child porn and Muslim terrorists discovered in police raids]
*[{{Reference archive|1=http://www.timesonline.co.uk/tol/news/uk/crime/article4959002.ece|2=2011-06-01}} Link between child porn and Muslim terrorists discovered in police raids]


==References==
==References==
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