JIHAD

For the Maliki fiqh on jihad, turn to chapter 30 of Risala, which offers less detail than Reliance.  The Hanifi fiqh of jihad is in  al-Hedaya, Vol. II, Book IX, Chapter 1.

IN the Umdat the section on Jihad is located on page 599, Chapter 9, “Justice.” It states, plainly:

(O: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada signifying warfare to establish the religion. And it is the lesser jihad. As for the greater jihad, it is spiritual warfare against the lower self (nafs), which is why the Prophet said as he was returning from jihad.

“We have returned from the lesser jihad to the greater jihad.”

The scriptural basis for jihad, prior to scholarly consensus (def: b7) is such Koranic verses as:

(1) “Fighting is prescribed for you” (Koran 2:216);

(2) “Slay them wherever you find them” (Koran 4:89);

(3) “Fight the idolators utterly” (Koran 9:36);

and such hadiths as the one related by Bukhari and Muslim that the Prophet said:

“I have been commanded to fight people until they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, and perform the prayer, and pay zakat. If they say it, they have saved their blood and possessions from me, except for the rights of Islam over them. And their final reckoning is with Allah”;

and the hadith reported by Muslim,

“To go forth in the morning or evening to fight in the path of Allah is better than the whole world and everything in it.”

Details concerning jihad are found in the accounts of the military expeditions of the Prophet, including his own martial forays and those on which he dispatched others. The former consist of the ones he personally attended, some twenty-seven (others say twenty-nine) of them. He fought in eight of them, and killed only one person with his noble hand, Ubayy ibn Khalaf, at the battle of Uhud. On the latter expeditions he sent others to fight, himself remaining at Medina, and these were forty-seven in number.

The OBLIGATORY Character of Jihad: a communal obligation

•  1) in the land of the non-Muslims, jihad is a ‘communal obligation’ upon the Muslims ‘each year.’ [Some take this to mean attack the kuffar at least once each year in their own country.]
• 2) when non-Muslims invade a Muslim country or near to one: jihad is a ‘personal obligation’ of the Muslim inhabitants who must ‘repel the non-Muslims with whatever they can.’ (NOTE: ‘Muslim country’ also means a non-Muslim country conquered & occupied by Muslims. Once a country has come into the fold of Darul Islam, even when it has been reconquered by the original inhabitants (example: Spain), Muslims must take it back)

 

• The OBJECTIVES of Jihad: 

09.8 The caliph makes war on the Jews, Christians and Zoroastrians. First invite them to Islam, then invite them to pay the poll tax (jizya ) until they become Muslim.
o9.9 The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya)) (n: though according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sole exceptions to which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi’ (y21), 6.48-49)).

         THE RULES OF WARFARE

o9.10 It is not permissible (A: in jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims, or if killing them will help defeat the enemy. It is permissible to kill old men (O: old man (shaykh meaning someone more than forty years of age) and monks.

See: To Kill or Not To Kill Monks? https://umdatalsalik.wordpress.com/2016/07/28/islamic-warfare/

NON-Muslim Subjects of the Islamic State (Ahl-Dhimma) non-Muslims:

o9.11 It is unlawful to kill a non-Muslim to whom a Muslim has given his guarantee of protection (O: whether the non-Muslim is one or more than one, provided the number is limited, and the Muslim’s protecting them does not harm the Muslims, as when they are spies) provided the protecting Muslim has reached puberty, is sane, and does so voluntarily (O: and is not a prisoner of them or a spy).

o9.12 Whoever enters Islam before being captured may NOT be killed or his property confiscated, or his young children taken captive.

o9.13 When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.

o9.14 When an adult male is taken captive, the caliph (def: o25) considers the interests (O: of Islam and the Muslims) and decides between the prisoner’s death, slavery, release without paying anything, or ransoming himself in exchange for money or for a Muslim captive held by the enemy.

If the prisoner becomes a Muslim (O: before the caliph chooses any of the four alternatives) then he may NOT be killed, and one of the other three alternatives is chosen.

o9.15 It is permissible in jihad to cut down the enemy’s trees and destroy their dwellings.

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More on: 1) in Sahih Muslim http://www.cmje.org/religious-texts/hadith/muslim/019-smt.php#019.4294

2) in the Minhaj al Muslim https://umdatalsalik.wordpress.com/2012/02/27/the-minhaj-al-muslim/

See also: http://snooper.wordpress.com/2009/01/29/its-shariah-stupid-25/

http://crusadersarmory.blogspot.co.uk/2012/04/reliance-of-traveller-handbook-of-shari.html

AND … HOW IS JIHAD FINANCED? PARTLY THROUGH A TAX CALLED ZAKAT. https://umdatalsalik.wordpress.com/2011/09/25/what-is-zakat/

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