No Terrorism and Radicalism - (Issues About Jihad)

8/14/2019 No Terrorism and Radicalism - (Issues About Jihad)

1/100

NOTERRORISM

ANDRADICALISM

(ISSUES ABOUT JIHAD)

Prepared by:

Sameer MuradAdnan al-Sous


2/100

Introduction

All praise and thanks are due to Allah, and peace andblessings upon His chosen servants.

Theres no doubt that East and West have gathered ahundredfold of all means and material powers than whatthe Muslims have gathered with which that they became

more powerful and prevailing over their opponents.

Its also no doubt that faith and creed preparation in theIslamic nation is at a much lower level than what is hopedto deserve victory, dignity and triumph.

Its no doubt that most Muslims at this time and age havebeen hit with many distortions and intellectualmisguidance, they dont have the pure and accurate

understanding of their current affairs, they dontdifferentiate between their friends and allies, and many ofthem believe the liar and belie the truthful, mistrust thefaithful and trust the unfaithful. With that, they reachedthe description of al-Ghuthaiyah (a term used by theprophet resembling the abundance in numbers as thescum over the top of the water) that prophet Mohammad,peace and blessings of Allah be upon him, has describedthe Muslim nation with at the times where all othernations will contend for.

2


3/100

One of the forms of intellectual distortions that hit manywas the lack of knowledge of the reality of therelationship amongst each other and between them andtheir disagreeing opponents in the rules of religion andshariah. Some of them start off their hostile position anddo not separate between a soldier, a free non-Muslim in aMuslim state, and a secured citizen, supporting theiropinion with some of the scripts (according to theirunderstanding) such as and fight the pagans alltogether as they fight you all together. sura at-Tawba, verse 36, and then fight and slay the paganswherever ye find themsura at-Tawba, verse 5.

Unfortunately, some of them can barely separatebetween the allies of Allah and the allies of Satan and sosees that affection, love and support has to existamongst them without regard to the difference in creedand faith.

Islam is right at moderation in between these twoextremes.

This subject that where about to discuss in this researchis regarded as one of the most serious and critical at thistime and age; not for the fact that its leading the prioritiesof the obligations in the Muslim community that needverification but for the consequences of themisunderstanding of its rules and regulations that couldlead to actions and positions that would entirely damage

3


4/100

the cause of Islam. It could lead to label Islam withterrorism and block and close the door in the face ofthose who are interested in indulging in it, or it couldbring the collapse of Islamic states because ofimplementing a policy full of errors, or it could claim thelives of hundreds and thousands of youthful Muslimcallers, or it could be the direct cause of occupyingMuslim lands and humiliating and disgracing anddishonoring the people, or it could be used to defend theenemies of the Muslims and implementing their interestsand goals.

This serious issue is the issue of jihad or fight, and it is abranch of the relationship between the Muslims and theirdisagreeing opponents in rules of the religion thatundertake many affairs and issues, and we will presentthe most important and critical of them to the seekers ofknowledge, asking Allah to guide us to the straight path.

Prepared by:Sameer MuradAdnan al-SousAmman, JordanEmail: [email protected]; [email protected]

4


5/100

First Issue

Are the sword verses nullifiers of the jihadverses?

Before we present the sayings of the scholars in thisissue, well present a general rule about nullifiers andnullified [verses]:

1) Definition of nullification: to remove aprevious rule with a new one.

2) Elements of nullification: a) nullifier b)nullified c) nullified from, which means theact of the nullified or altered worship.

3) Rules of nullification:i) That the nullifier [rule] has been

revealed at a period after the

nullified one.ii) Nullification cant be established

except with contradiction. (Al-BahrAl-Muheet, ch. 4/74, al-Zarkashi),(Contradiction and Favoring, al-Barazanji, ch. 1/312), (Al-Muswaddah 229).

iii) That the rule in the verse, whichclaims the nullification, is notrestricted by a time where the ruleexpires with the expiration of the

5


6/100

said time. (Contradiction andFavoring, al-Barazanji, ch. 1/313).

iv) That the nullified [rule] is possibleand considered among thesecondary rules away from allrules of the principles of creedand faith (i.e. the attributes andnames of Allah). (Contradictionand Favoring, al-Barazanji, ch.1/314). Nullification doesnt touchon the principles of Tawheed inany case, because Allah, AllMighty, have always existed withall of His names and attributes.(Al-Bahr Al-Muheet, ch. 4/79, al-Zarkashi)..

v) The saying of a Sahabi (acompanion of prophet

Mohammad) that such and suchis nullified is not, by itself, a prooffor nullification. Because thiscould be the result of his ownendeavor in the matter and it isnot an obligation to follow him init. (Establishments in Explainingthe Papers, Ibn Qawan, p. 379).

- The saying of aSahabi: this wasthe rule, then it was

6


7/100

nullified is not aproof, because itcould be his ownendeavor andinterpretation andwere not obligatedto follow it. (Al-Mahshool, al-Razi,ch. 3/381).

Theres no doubt that the last verses discussing jihad andfighting were the ones in sura at-Tawba which mentionedmany clear verses, such as verse 5: But when theforbidden months are past then fight and slay the

pagans wherever ye find them, and verse 36: andfight the pagans all together as they fight you alltogether, so some jurisprudents thought that these twoverses (sword verses) have nullified what was previously

revealed discussing fighting and the various stages ofjihad, such as verse 77 in sura Al-Nisaa (the Women):Hast thou not turned thy vision to those who weretold to hold back their hands (form fight) butestablish regular prayers and spend in regularcharity?, and verses 39-40 in sura Al-Hajj (thePilgrimage): To those against whom war is made

permission is given (to fight) because they arewronged and verily Allah is Most powerful for theiraid. those who have been expelled from their homesin defiance of right, and verse 90 in sura Al-Nisaa (the

7


8/100

Women): if they withdraw from you but fight you notand (instead) send you (guarantees of) peace then

Allah hath opened no way for you (to war againstthem), and verse 61 in sura Al-Anfal: But if theenemy incline towards peace do thou (also) inclinetowards peace and trust in Allah: for He is the onethat heareth and knoweth (all things), and verse 190in sura Al-Baqara (the Cow): Fight in the cause of

Allah those who fight you but do not transgresslimits; for Allah loveth not transgressors, and verse8 in sura Al-Mumtahina: Allah forbids you not withregard to those who fight you not for (your) Faith nordrive you out of your homes from dealing kindly and

justly with them: for Allah loveth those who are just.And so many other verses where those scholars and

jurisprudents believed that the sword verses oblige theMuslims to fight continuously in any state where thepolytheists are at towards the Muslims (at war or not),

and they consider the two verses as nullifier verses towhat was previously revealed in the Quran calling totruce and peace with non-Muslims. (InternationalRelationships in the Quran and Sunnah, Dr. MohammadAli al-Hasan, p. 100).

Accordingly, did the sword verses nullify the verse: Butif the enemy incline towards peace do thou (also)incline towards peace and trust in Allah [sura Al-Anfal, verse 61] and similar verses? The answer to thisquestion has two sides:

8


9/100

First: the sayings of Al-Mufassereen (thecommentators):

Al-Qurtubi reported two opinions in the interpretation ofthis verse:

i) reported by Qatada and Ikremah that it wasnullified by the verse 36 in sura at-Tawba.

ii) Al-Saddi and Ibn Zaid reported that it was notnullified, and Ibn Al-Arabi said that it dependsupon the state of the Muslims: if they were atpower then there is no peace and if there isinterest in peace then it is permissible.

Then, Al-Qurtubi reported from Al-Qusheiri similar to whatIbn Al-Arabi said and added a certain period of time forthe truce. Then, he mentioned the saying of Al-Shafiwhere he doesnt permit truce with the polytheists for a

period more than 10 years and the saying of Malik wherehe permits the truce.

Al-Tabari in his interpretation reported the sayings ofQatada, Ikremah, and al-Hasan al-Basri where they saidof nullification, and also reported the saying of validity byAl-Saddi, Ibn Isaac, and Ibn Zaid, then he said:regarding what Qatada and similar people have said ofnullification of the verse, there is no evidence in Quran,Sunnah or logic 10/34. And the saying of Allah in sura at-Tawba, verse 5 doesnt deny His rule in verse 61 of sura

9


10/100

Al-Anfal. That is because His saying .. then yield to itwas meant for the people of Quraitha and Allah has

permitted for the believers to have peace and truce withthe people of the scriptures and taking Jizyah (tax) fromthem. And the saying of Allah in verse 5 of sura at-Tawbaabout the polytheists was meant for the polytheists of

Arabia who used to worship idols and was not allowedfor the believers to take Jizyah from them. So there is nocontradiction or denial to any rule over the other in thetwo verses.

Ibn Kathirin his interpretation said: Ibn Abbas, Mujahid, Zaid Ibn Aslam, Ataa Al-Khurasani, Ikremah, Al-Hasan, and Qatada said that thisverse has been nullified by the sword verse in sura at-Tawba, verse 29: Fight the ones that dont believe in

Allah nor the Day of Judgement. And there is anotheropinion in this because verse 5 in sura at-Tawba contains

an order to fight when its possible, but if the enemy waslarge then it is permissible to strike peace with him asevident from the verse and the action of the prophetMohammad, peace and blessings of Allah be upon him,on the day of Hudaybiyah. So, theres no contradiction,nullification, nor specialization and Allah is mostKnowledgeable.

Al-Shawkani in his interpretation said about verse 4 ofsura Mohammad: Therefore when ye meet theUnbelievers (in fight) smite at their necks:

10


11/100

Many scholars said that the verse is firm and that theImam (leader) has the choice between killing and takingcaptives, and has the choice in releasing or ransomingcaptives and that is whats favored (ch. 5/36-37).

Al-Bukhari has a chapter in his book which he called:reconciliation and peace with the pagans with money andother and the sinning of whom doesn't fulfill theagreement [ch. 3, p. 1158]. Ibn Hajar commented on thechapter by saying: 'verse 53 of sura Al-Anfal is a proof forthe validity of having truce with the pagans' (Fath Al-Bari6/275).

In Sunan Al-Baihaqi Al-Kubra, ch. 9, p. 11: regardingwhat was mentioned about reconciliation with the pagansand nullifying the order of abstaining from fighting untilfought and abstaining from fighting during the sacredmonths, Al-Shafi said: 'all of this nullifying was said by

Allah saying"And fight them on until there is no moretumult or oppression".'and he referred it to Ibn Abbas.

Ibn Al-Arabi said: 'whoever said that it is nullified by thesaying of Allah "then kill the pagans" is only a claim andthe rules of nullifying are not valid here'. (From the Rulesof Quran 876).

Al-Zamakhshari said: 'the truth of the matter that thisissue is at the hands of the ruler considering the wellbeing of Islam and Muslims whether going to war or

11


12/100

inclining to peace'. (Al-Kashaf 2/133).

Sheik Mohammad Al-Amin Al-Shanqiti said in theinterpretation of verse 190 of sura Al-Baqara Fight inthe cause of Allah those who fight you but do nottransgress limits; for Allah loveth not transgressors:'there are three opinions of the scholars; the first is thatwhat is meant by "those who fight you"are the oneswho actually fight you, not including women, children,elderly people and priests. The second opinion is that theverse is nullified by the sword verse which points tofighting them infinitely. The third opinion is that what iswanted by the verse is to inflate the Muslims to fight theunbelievers. The first opinion is the ones that is moreappealing'. (Adwa'a Al-Bayan, ch. 1, p. 99).

Ibn Kahtirrejected the saying that verse 190 of sura Al-Baqara was nullified and said: 'the claim of nullifying is

debatable, because the saying of Allah "those who fightyou" is an agitation and an encouragement against theenemy who intends to fight Islam and Muslims, meaningas they fight you then fight you them as Allah said: "andfight the pagans all together as they fight you alltogether".'

Also Al-Tabari is of the opinion that the verse (verse 90 ofsura Al-Baqara) in not nullified and he attributed hisconclusion to Omar Bin Abdel-Aziz and Ibn Abbas. (ch.2/190).

12


13/100

What aids the opinion that the verse is not nullified is thescholars who categorized the Quran according to thestudies of nullifier verses and nullified ones and theydidn't mention verse 61 of sura Al-Anfal among thoseverses. One of those scholars was Al-Siyooti in his book"Al-Itqan", ch. 3, p. 61-62. He counted 21 nullified versesin the Quran, and mentioned that the claim of any versesbeing nullified other than those 21 verses has no merits.

13


14/100

Implementing the rules of nullifying:

It becomes clear, from what has been mentioned above,that the truth is in the sayings of the scholars that theverses are solid and not nullified and that each versecarries a rule which suits the time period in which theMuslims have lived during, because the rules of Dawaare transitory according to the level of power, weaknessand interest of the Muslims. So, if the situation of theMuslims is like the one in Mecca, then the rules of Meccawould apply to them and if their situation is the like theone in Medina, then the rules of Medina would apply andso on and so forth. And to clarify the matter even more,let's implement the rules of nullifying upon the swordverses: verse 5 of sura at-Tawba "But when theforbidden months are past then fight and slay the

pagans wherever ye find them and seize thembeleaguer them and lie in wait for them in every

stratagem (of war); but if they repent and establishregular prayers and practice regular charity thenopen the way for them: for Allah is Oft-ForgivingMost Merciful", and verse 36 of sura at-Tawba "andfight the pagans all together as they fight you alltogether. But know that Allah is with those whorestrain themselves". The rules of nullifying are:1) The delay in revelation, which is valid for the twoverses.2) Contradiction, which is not valid here becausecontradiction means that the two verses have to contain

14


15/100

two totally differing rules that are impossible to becombined. The contradiction that is claimed here isbetween those two verses and verse 61 of Al-Anfal "Butif the enemy incline towards peace do thou (also)incline towards peace"and the likes of this verse. Andlooking in the meaning of the two scripts, we find that thesword verses carry out an indication that fits a certainstage where facing the enemy in fighting is because ofthe existence of power and shield for the Muslims andbecause the enemy is not inclined towards peace. But,the second script "if the enemy incline towards peace"also represents an independent stage where abandoningfighting the enemy is more suitable. With that, thecontradiction is not valid.3) That the rule of the script (verse) which is claimed tobe nullified is not restricted by a certain period of timethat expires the rule by the expiration of the time period.And there is no indication in the sword verses that makes

the other verses restricted by a time period whichexpired. Because that requires fighting the non-believersinfinitely without allowance for peace or agreements oftruce, and in the states of the prophet and hiscompanions strong proofs that support our opinion andthat the verse of"if they incline towards peace"is solidand not nullified.4) A nullified verse can't contain any of Allah's attributes,as in verse 190 of sura Al-Baqara "Fight in the cause of

Allah those who fight you but do not transgresslimits; for Allah loveth not transgressors". Because

15


16/100

Allah doesn't like the killing of children, women andelderly people who are not fighters for that is a form ofaggression, and that doesn't prohibit having truce andpeace with the enemy when it is in the interest of theMuslims. This is also evidence that the verse is solid andnot nullified.5) The claim of nullifying is not proven by the saying of acompanion because nullifying is a legislation (rule) thatrequires a report by the prophet, peace and blessings ofAllah be upon him, and there is no room for endeavoring.

In summary, the claim of nullifying is rejected because itwas not attributed to the prophet, it contradicts anattribute of Allah, the restriction of time is not apparentand contradiction is invalid.

Al-Tabari says: 'We have proven in many places in ourbook that a nullifier verse can't be established unless it

totally denies the rule of the nullified verse in everyaspect'. Therefore, the verses of jihad are all solid andfirm verses which carry transitory rules according toability and interest, and if said of nullifying then it is'carried upon the nullifying of prohibiting fighting in thesacred months and in the sacred place (Mecca)'. (Lookthe book of "Al-Bayan" in the jurisprudence of Imam Shafi12/74).

Al-Zarkashi said: 'With this verification it becomes clearthe weaknesses that many of the interpreters of Quran

16


17/100

have come up with in saying that they (the verses) arenullified by the sword verses, and it is not so. This meansthat every order that has been given (in Quran) has to beestablished at a certain period of time for a reason thatobliged such rule then it is transmitted along with thetransmission of such reason or cause into another ruleand not with nullifying because nullifying means totalremoval of the rule or the order.

Similarly, the saying of Allah in verse 105 of sura Al-Maida (The Table): "O ye who believe! guard your ownsouls: if ye follow (right) guidance no hurt can cometo you from those who stray. The goal of you all is to

Allah: it is He that will show you the truth of all thatye do". This was at the beginning of the matter, but whenthe Muslims became powerful, enjoining good andforbidden bad and fighting for such cause became anobligation upon them. Then, later on if they become weak

again, like what the prophet Mohammad have said: 'Islambegan in a strange state and it will return as such as itbegan' then the rule (in the verse) would apply onceagain. And prophet Mohammad said: 'If you see aninclination that's followed and a stinginess that's obeyedand the liking of every person of his own opinion, thenyou should stick with your own self'.

Allah, exalted and glorified He be, is All Wise and hasrevealed upon His prophet, peace and blessings be uponhim, at the time of weakness what suits and fits such

17


18/100

state and phase in the Islamic era out of mercy andcompassion for the prophet's followers, and if the casewasn't so then it would have been a hardship. Then,when Allah has dignified and triumphed Islam Hedescended what matches that phase of demanding thatthe non-believers embrace Islam or pay the Jizyah- ifthey were from among the people of the scripts (the Jewsand Christians)- or they would be fought and killed (ifthey were not from the people of the scripts) when theyreject Islam.

Having said so, these two rules (peace and truce at timeof weakness and fighting at time of power and might)would apply according to the state of the Muslims, andthe rule of fighting doesn't nullify the rule of peace andtruce, rather each would be applied when needed. (Al-Burhan 2/173).

Dr. Yousef Al-Qaradawi commented on what Al-Zarkashi mentioned by saying: 'This interpretation by Al-Zarkashi regarding the sword verse would only beacceptable at times of obliged jihad, as in fighting in jihadan enemy that has occupied a Muslim land and theMuslims have failed to resist such an enemy- like in theexample of the occupation of the Russians of the Muslimstates in the former Soviet Union. In this case, we wouldsay: jihad in resisting such an enemy would be delayeduntil it is applicable and the opportunity is given to do so.But the interpretation of delay here that in the times of

18


19/100

weakness we don't fight the people and in times of powerand might we fight the whole world (whoever fight ordoesn't or even want peace with us), that is we totallyreject and deny because it contradicts all other verses insuras Al-Baqara, Al-Nisa'a, Al-Anfal, Al-Mumtahina andothers, and even in sura at-Tawba itself and some of theverses in it that were said that they're the sword verseslike "and fight the pagans all together as they fightyou all together. Because the verse here orders toreply with the same manner, and that is what has beenestablished as just and fair and no two persons woulddisagree upon.

Is it sensible to tell the people (the Americans and theirlikes) that we don't have to fight you now because we arenot militarily able and we don't own the kind of weaponsand arsenal that you do? But, when we become able andown what you own or close to it, we will fight you all! It is

not acceptable to say to others that we have abandonedfighting you because of our weakness, but when we're

powerful we will come to your own land for battle untilyou embrace Islam or pay us the Jizyah in humiliation.

When we say such things we tempt the whole world tobecome our enemy and to come to war with us in fear ofour expansion and greed, and we would unite them tostop our danger and advancements!!

They would say that our manners are irregular, that we

19


20/100

allow to ourselves in times of power what we don't allowin times of weakness and that we are un-worthy of peaceand truce because we would only respect peace whenwe're weak and we would change when our statechanges, and that our religion permits us to do what hasbeen forbidden against us in dealing with others.

This, without doubt, is an awful reputation for Islam andMuslims that harms them and their propagation of theirreligion'. (An article for Al-Qaradawi on "Islam Online",dated 22/7/2003).

The sayings of scholars about the phases of jihad

Most scholars have agreed upon saying that jihad is instages and here are some of what they have said:

The school of Imam Abu Hanifa:

Al-Aini said: 'The prophet was ordered at first to forgiveand abstain from fighting the non-believers then, hewas ordered to invoke and pray, preach, and argue ingoodness then, he was ordered to argue whenargument is initiated by the non-believers then, he wasordered to initiate war'. (Al-Binaya Sharh Al-Hedaya 7/94-95).

The school of Imam Malik:

20


21/100

Al-Dardeer said: 'Know that jihad before Hijra(immigration) was unlawful, then it was absolutely

permitted except in the sacred months. Then it waspermitted without restrictions'. (Al-Sharh Al-Saghir 2/267).

The school of Imam Shafi:

Ibn Hajar Al-Haitami said: 'Jihad was forbidden at thetimes of the prophet before Hijra (immigration) becausethe prophet was ordered at first to only convey themessage and to warn from the wrath of Allah and to

persevere and be patient in receiving the harm of thenon-believers. Then afterwards, Allah permitted theMuslims to go to war, after He forbade it in more than 70verses in the Quran if the non-believers initiate the fight,and He said: Fight in the cause of Allah those whofight you but do not transgress limits; for Allahloveth not transgressors... then, He allowed initiating

of war by the Muslims except in the sacred monthsthen, in the 8th year and after the conquest of Mecca

Allah permitted it absolutely by saying: "and fight thepagans all together as they fight you all together",and this is the sword verse'. (Tuhfat Al-Muhtaj bi SharhAl-Minhaj 4/181).

The school of Imam Ibn Hanbal:

1) Ibn Qudama said: 'The people of the scriptures andMajoos should be fought and conveyed with the

21


22/100

message because they have knowledge of it, and theworshippers of idols should be called to Islam beforebeing fought'.Imam Ahmad said: 'Islam has been conveyed and spreadbut there might be some people behind the Romans andsome behind the Turks whom it is not permitted to fightthem until the message of Islam has reached them, the

proof to that is the hadith of the prophet narrated byBuraida: "if you meet your enemy from the pagansthen call them towards three", narrated by Muslimand Abu Dawood. This was probably at the beginningbefore the spread of Islam, but nowadays Dawa'a hasspread out and the message has been conveyed. That'swhy calling the people has been left out (Excerpts fromAl-Mughni, ch. 8, p. 361).

2) Ibn Taymeyah said: 'When Allah sent His prophet withthe message and ordered him to call all people to His

religion, he didn't give him permission to fight or killanyone until he immigrated to Medina and the

permission was given to him and the Muslims in verse 39of sura Al-Hajj: "To those against whom war is made

permission is given (to fight) because they arewronged and verily Allah is Most powerful for theiraid". Then, He [Allah] obliged the Muslims to fight inverse 216 of sura Al-Baqara: "Fighting is prescribedfor you and ye dislike it". (The book of Fatwas, ch.28, p. 349-355).

22


23/100

3) Ibn Al-Qayyem said: 'The prophet stayed over tenyears after his prophethood warning the people andcalling them to Islam without fighting nor Jizyah and hewas ordered (by Allah) to abstain from responding toharm and to persevere and forgive. Then, he was

permitted to immigrate and to fight whoever fights himand the Muslims and to abstain from fighting whoeverdoesn't fight or harm him and the Muslims. Then, he wasordered to fight the pagans until the religion isestablished for Allah'. (Zad Al-Ma'ad, ch. 3, p. 59).

4) 4) Also look the opinion of Sheikh Mohammad BinSaleh Al-Othaimain in the book "Al-Sharh Al-Mumti'a AlaZad Al-Mustanqa'a, chapter 3, page 467.

From all of what has been mentioned of the opinion ofthe scholars which gives evidence that jihad was inmultiple stages and phases and that the last stage of it

was that permission was absolutely given for fightingsome thought that this contradicts abstaining fromfighting whoever doesn't fight us and it is not so.

23


24/100

Summary of research:

It is apparent that all verses of fighting are solid firmverses and not nullified ones, and that each verse carriesa rule of a stage that is applicable to the following stagewhenever the conditions and characteristics of the peopleof that stage are available, and that the opinion ofnullifying is weak and rejected, and Allah is All Knowing.

24


25/100

Second Issue

Is the relationship between the Muslims and non-Muslimsbased on peace or war?

Before we attempt to answer this question we have tonote that if the basis of the relationship between theMuslims and non-Muslims is peace, then that means thatthis is the general rule and that war is an exceptionaloption outside of the rule, and that people are naturallypeaceful and relationships are established in betweenthem accordingly even if there were no treaties oragreements unless war erupts.

And if war was the basis of relationships between peopleand nations then this would mean that war is the generalrule and that peace is the exception. This also means

that war is considered declared between the Muslims andother nations unless treaties and accords areestablished. And truce is then considered peace. (AskingAssistance of Non-Believers, Dr. Abdullah Al-Tariqi, page97).

According to the forth mentioned, it becomes clear thevast difference between the opinions of scholars indetermining the basis of relationship, whether peace orwar. We will present the most important and strongproofs and evidences in our opinion that each side

25


26/100

depended on in arguing and discussing the issue, withoutregard to what is weak in evidence.

The first opinion is that the basis of relationship is warand they brought proofs as such:

* The following verses, which some of are called the"sword verses":

1) and fight the pagans all together as they fight youall together.[sura at-Tawba, verse 36].2) then fight and slay the pagans wherever ye findthem[sura at-Tawba, verse 5].3) "Be not weary and faint-hearted crying for peace.When ye should be Uppermost: for Allah is with youand will never put you in loss for your (good) deeds."[sura Mohammad, verse 35].4) "Let not the believers take for friends or helpers

unbelievers rather than believers..." [sura Al Imran,verse 28].5) "Thou wilt not find any people who believe in Allahand the Last Day loving those who resist Allah andHis Apostle..."[sura Al-Mujadelah, verse 22].6) "And fight them on until there is no more tumult oroppression and there prevail justice and faith in

Allah..."[sura Al-Baqara, verse 193].

* Haidths:

26


27/100


28/100

But if the enemy incline towards peace do thou(also) incline towards peace and trust in Allah: forHe is the one that heareth and knoweth (all things).[sura Al-Anfal, verse 61].

therefore if they withdraw from you but fight younot and (instead) send you (guarantees of) peacethen Allah hath opened no way for you (to waragainst them).[sura Al-Nisa'a, verse 90].

"Let there be no compulsion in religion. Truth standsout clear from error...[sura Al-Baqara, verse 256].

Hadiths:

1) Nafi'a narrated that Abdullah Ibn Omar, may Allah bepleased with him, has told him that 'A woman was found

killed at one of the prophet's battles, so the prophet,peace and blessings of Allah be upon him, rejected thekilling of women and children'. [Bukari and Muslim].

2) Yahya Ibn Said narrated that Abu Baker Al-Siddiq, mayAllah be pleased with him, sent an army to Sham... 'and I give you three advices, do not kill a woman, a childnor an elderly person'. [The Great Sunan 9/89. Thehadith is authentic].

28


29/100

Discussion:

Discussion of the first opinion:

It is clear from the sayings of the first scholars thatfighting and going to war means to fight the people whoreject embracing Islam or paying the Jizyah and thatgoing to peace with them has to be established based on

interest, based on the verse 35 of sura Mohammad: "Benot weary and faint-hearted crying for peace. Whenye should be Uppermost: for Allah is with you andwill never put you in loss for your (good) deeds."Thisis a proof that war is the basis of relationship amongthose scholars, even though those scholars never usedthese modern terms and definitions. A proof to that is thesaying of Al-Ramly in the book "Nihayat Al-Muhtaj,8/106", which is considered to be one of the mostimportant books that contains the fatwas (edicts) of the

late scholars of that school of thought: 'Truce is to beheld based on a certain interest, such as our weaknessin number or arsenal. That was the basis of the truce atthe year of Al-Hudaybiyah, or it was for hoping that they[the pagans] would embrace Islam or that they would payJizyah'.

This saying of Al-Ramly about the weakness in state atthe time of the truce of Al-Hudaybiyah contradicts the

saying of Allah about Al-Hudaybiyah in the verses 18-27of sura Al-Fath (The Conquest): "If the Unbelievers

29


30/100

should fight you they would certainly turn theirbacks then would they find neither protector norhelper."For more information, look up the sayings of thescholars in the following references:

Al-Mughni, Ibn Qudama, 8/361-363. Kashaf Al-Qina'a, Al-Bahouti, 3/103-104. Al-Mabsout, Al-Sarkhasi, 10/86. Al-Majmou'a Sharh Al-Muhathab, 19/439.

Arguing the first evidence (the sword verses):

It is necessary for any researcher to note our conclusionthat the sword verses do not nullify the verses revealedbefore them.

Establishing that these verses are not proofs that thebasis of relationship between the Muslims and non-Muslims is war:

1) Verse 36 of sura at-Tawba: the meaning of the verse isthat if the non-believers fight us we would fight them withthe same manner; assembled, united, and strong. (LookIarab Al-Quran, Al-Darwish, 3/214). Also, Al-Qurtubi saidin the interpretation of this verse: 'And fight the ones whoassociate idols with Allah, Oh believers assembled andunited as the pagans fight you assembled and united'.Then he reported this meaning from Al-Saddi and IbnAbbas and Qatada, and said: 'Some scholars said: the

purpose of this verse was given to the elite, then this was

30


31/100

nullified and made as collective duty'. Ibn Atiyah said:'What he said was not noted that the prophet has obligedall Muslims to fight, rather the meaning is to encourageand instigate and to unite and assemble in fighting thenon-believers. Then, he restricted it with "as they fightyou all together". So, according to their assembly andunity in fighting us the obligation is established in fightingthem back. And Allah is All Knowing. 8/87. Also, look theinterpretation of Ibn Kathir about this verse in 2/357.

This is supported by what Al-Tabari mentioned in hisinterpretation through Ibn Abbas as saying: 'Do not fightthe women, the children, the elderly man, nor whoeverthrows peace at you and abstain his hands from fightingyou. And if you do, then you are aggressors'. (Al-Tabari2/190).

2) Verses 5-6 of sura at-Tawba: these two verses talk in

particular about the pagans of Quraish, because theyexpelled the Muslims from their houses and lands andthey put them to affliction and distress which in turn hasobligated the Muslims to go to war with them in their ownland and kill them except for those whom their accordhas not ended or they acquired safety. Verse 191 of suraAl-Baqara clarifies this even more: "And slay themwherever ye catch them and turn them out fromwhere they have turned you out; for tumult andoppression are worse than slaughter; but fight themnot at the Sacred Mosque unless they (first) fight you

31


32/100

there; but if they fight you slay them. Such is thereward of those who suppress faith". Al-Tabari pointedto this meaning in his interpretation as well.

Imam Shafi said about the verse: 'it was revealedregarding the people of Mecca'. (Ahkam Al-Quran2/14). And Al-Jasas said: 'This was the description of the

pagans of Mecca, for that either Islam or war is theiroption. And the people of the scriptures (Jews andChristians) are not included in this rule'. (Ahkam Al-Quran1/325).

Ibn Kathir said, authenticating the interpretation to Ali IbnAbi Talib: 'The prophet, peace and blessings of Allah beupon him, was sent with four swords; one sword in theArab pagans, Allah said: "then kill the paganswherever you find them". (2/337)

3) Verse 35 of sura Mohammad: this verse carries theopposite of the meaning which they seek, for it (theverse) allows peace and truce even in the state of powerand might. This is supported by the saying of Jaber IbnZaid that the verse was nullified with the sword verses.And if what we said was not true then Ibn Zaid wouldn'thave rejected it with the claim of nullifying.Note: we brought this verse in spite of the weakness ofits meaning because it appears strong. But the otherverses are all weak in meaning and we left discussingthem in fear of being too lengthy.

32


33/100


34/100

1- That the general term is not so general. Meaning thatthe saying of the prophet 'to fight the people'means thepagans or non-believers other than the people of thebook. A proof to this is the narration of Al-Nasai': 'I wasordered to fight the pagans'.2- The claim of nullifying that the permission to take theJizyah and to establish accords and agreements of truceand peace came later than these hadiths. A proof to thatis that this hadith came later than the saying of Allah:"kill the pagans".3- To speak of a certain group of people in general terms.4- That what is meant by Shahada and other things (inthe hadith) is to raise the word of Allah and for thedisobedient to submit. So, some would deserve killingand some would pay the Jizyah and some would bebrought to truce and peace with based on theirresponses.5- That fighting itself is what is meant or paying the

Jizyah or other things.6- To be said that the purpose of obliging Jizyah is todrive them to Islam and the cause of a reason is a causeitself. As if he said: 'until they submit [to Islam] or committo what drives them to Islam'. And this is better, and Allahis All Knowing.

Al-Nawawi said through Al-Khitabi that what's meant by'the people' are the idolaters without the people of thebook; because they didn't say "la ilaha illa Allah" (there isno god but Allah). Thus they would be killed.

34


35/100

Al-Qadi Ayyadh said of the same meaning by Al-Khitabiand added: 'what's meant by this are the pagans ofArabia and the idolaters and whoever doesn't worshipAllah alone'. [Sahih Muslim in the explanation of Al-Nawawi, 1/26-207].

In summary, we would say that the proof in the Hadiththat the basis of relationship between Muslims and non-Muslims is war would be weak, because we didn't findany of the scholars' opinions that would support thisclaim.

Discussion of the second opinion:

The verses:

We said previously that the verses mentioned in proving

that the basis of relationship is peace are solid firmverses and not nullified ones.

1- Fight in the cause of Allah those who fight youbut do not transgress limits; for Allah loveth nottransgressors. The meaning of this verse is to fightwhoever fights us and to abstain from the ones who don'tfight us. And this meaning is general and can't berestricted except with evidence. Many of the scholars

went on saying that the transgression that's mentioned inthe verse is to kill the non-militant, such as the women,

35


36/100

children, and priests during war or killing whoever paysthe Jizyah, and they didn't say of abandoning fightingwhoever abstains from fighting us taking proof from thesword verses.

Al-Tabari mentioned the sayings of the interpreters aboutthis verse, some of which is the saying of Ibn Abbas:'meaning, don't kill the women or the old man or whoeverasks you for peace and abstains his hands from fightingyou, and if you do kill them then you have transgressed'.Then, he favored this meaning and said: 'The meaning of"do not transgress"is don't kill an infant, a woman, norwhoever pays you Jizyah from the people of the bookand Majoos, for Allah doesn't love the transgressors thatsurpass His limits and make lawful the things He

prescribed as unlawful upon them in killing the women ofthe pagans and their children'. (The Explanation of theQuran, 2/190).

If you look at the saying of Ibn Abbas you would see:

a) What Al-Tabari and other scholars went on saying thatthe transgression is to kill the non-militant of the womenand others during war, even though they don't say ofkilling those type of people outside of wars as well.

b) Transgression is also to kill whoever wants peace withus and abstains from fighting us. And here, it's notpermitted to say that the saying of Ibn Abbas means to

36


37/100

abstain from fighting the people who wants peace with usduring wars only, because this is of the general rules thatneed evidence to particulate.

Therefore, the saying of Ibn Abbas remains general. Andit includes the two sides whether it was during the war orbefore it. The proof to this is the agreement of scholarson prohibiting the killing of the pagans' women andchildren and their likes outside war without reason.

Ibn Taymiyah said: 'essentially the human blood ispreserved and safeguarded and not to be killed withoutreason. And killing infidels is not what all laws haveagreed on'. [The Drawn Sword on the Curser of theProphet, page 104].

Similarly, truce is permissible during and before waraccording to the rules and conditions of interest to the

Muslims.

Abdulrahman Ibn Mohammad Al-Jawzi reported in hisinterpretation of the Quran four sides to the meaning oftransgression that was mentioned in the verse:1- That it is the killing of women and children.2- That it is not to fight whoever doesn't fight you.3- That it is to commit what was prohibited.4- That it is to initiate the war during the sacred month.[Zad Al-Maseer, 1/198].

37


38/100

Notably, Ibn Al-Jawzi differentiated between the twomeanings and didn't make them as one proof upon killingwomen and children. And if it was said about the secondsaying 'don't fight whoever doesn't fight you' that it isduring the war, we have already proven that this opinionis weakly supported.

Also, Ibn Kathir mentioned some of the interpreters'opinions in the explanation of the verse, then favored themeaning, which says that it is: 'instigating and agitatingthe enemies that intend to attack Islam and Muslims. Asthey fight you, you fight them'. And we mentioned this inthe previous issue.

Ibn Taymiyah said: 'if the basis of the lawful fighting wasJihad and the purpose of it is for all religion to be for Allahand for His word to be superior over all, then whoeverrejects that would be fought according to all Muslim

scholars unanimously. But for those who are not fromamong the ones who reject the message of Islam andthey are not fighters (such as women, children, priests,elderly people, blind etc.) then they are not to be foughtor killed according to the majority of the Muslim scholarsunless they fight Muslims or attack Islam verbally orthrough physical actions, even though some scholars areof the opinion that fighting such people is lawful just fortheir denial of Islam and insisting on being infidels exceptfor women and children. But, I favor the first opinionbecause fighting is for the ones who fight us [Muslims] if

38


39/100

we wished to triumph the religion of Allah as Allah said inQuran: "and fight in His cause those who fight youand do not transgress for Allah does not lovetransgressors".' (Al-Fatawa 28/354).

Ibn Al-Qayyem said: ' the prophet of Allah, peace andblessings of Allah be upon him, never forced anyone toembrace Islam, but he used to fight whoever fought orattacked him and whoever contemplates upon his lifestory would realize that he (the prophet) never forcednor coerced anyone to embrace Islam, but he fought theones who fought him'. (Hidayat Al-Hayara, page 13-15).

Sayyed Sabeq said: 'and if the basis was peace and warwas the exception then there is no justification for thiswar-in the sight of Islam- whatever the circumstancesmight have been, except in two situations: the first is:defending one's self, honor, wealth, or land at time of

transgression according to verse 190 of sura Al-Baqara:Fight in the cause of Allah those who fight you butdo not transgress limits; for Allah loveth nottransgressors. And the second is: defending thereligion of Allah and the propagation of it if anyonestands in its way by subjugating whoever believes in it orby being an obstacle in the way of embracing it or by

prohibiting its propagation. And the proof for this- and hementioned eight of them- and said in the fifth one: all thebattles of the prophet were defensive and didn't containany transgression. And in the sixth he said: infidelity by

39


40/100

itself was not the reason nor the purpose to fight thepagans'. (Fiqh As-Sunna, pages 613-617).

The verse is in relation with one of the attributes of Allah"Allah loveth not transgressors". And we saidpreviously that one of the rules of nullifying is for thenullified not to be one of the attributes or names of Allah.And since we have proven from many ways that it is notlawful to kill or fight women and children and their likesduring war and was considered as one of the forms ofaggression that Allah does not like or love, then thisattribute of Allah "Allah loveth not transgressors"applies to the other from of aggression outside of war.This means that Allah doesn't love transgressors in oroutside war. And at the same time, this doesn't mean thatJihad was legislated only in the defensive state when ourlands are occupied or when our enemy moves towardsus, but Jihad is also lawful in the offensive situation to

triumph and aid our religion and creed when it is or any ofits citizens are assaulted, or if we were prevented frompropagating our religion even if we were not attacked.Because it is not sufficient to use peaceful means toresolve such assaults, if using the force is in the interestof Islam and Muslims.

2- The verse: and fight the pagans all together asthey fight you all together. But know that Allah iswith those who restrain themselves: we saidpreviously that we fight the non-believers when they fight

40


41/100

us according to the state which they are on; united,gathered and strong, as noted in the verse: " as theyfight all of you".

According to this, the verse is strong evidence that it isnot lawful to fight or go to war except if we initiate itagainst the enemies or if they prevent us frompropagating our religion to whomever we desire. Andsupplementing the verse (at the end by saying Allah iswith those who restrain themselves) adds to the strengthof this opinion, when the rules and conditions areavailable, which is gaining the piety by doing what theverse implies. And if Muslims linger then Allah would notbe with them, and this proves that the rule is in relationwith the cause which weakens the opinion of nullifying.

3- The verse: Allah forbids you not with regard tothose who fight you not for (your) Faith nor drive you

out of your homes from dealing kindly and justly withthem: for Allah loveth those who are just. Allah onlyforbids you with regard to those who fight youfor(your) Faith and drive you out of your homes andsupport (others)in driving you out from turning tothem (for friendship and protection). It is such asturn to them (in these circumstances)that do wrong.[sura Al-Mumtahinah, verse 8-9].

This verse has a very strong evidence that peace is thebasis of relationships between Muslims and non-Muslims

41


42/100

by Allah allowing it and making it lawful for those whodon't initiate fighting Muslims or prevent theirpropagation. So, Allah allowed and made lawful the kindand just dealing with them.

Al-Tabari said in the interpretation of this verse: 'and themost correct opinion about this verse is whoever said:this verse meant that Allah does not forbid you to dealkindly and justly in regard to those who don't fight you inyour religion from all kinds of religions and sects. Allahhas made it general by saying: "with regard to thosewho fight you not for (your) Faith nor drive you out ofyour homes" for whoever fits this description and Hedidn't particulize some over others. And it's meaninglessto say that this is nullified.'(14/66).

Ibn Kathir said: 'it means He [Allah] did not prevent youfrom being kind to the pagans and non-believers whom

didn't fight you in your religion or aided in expelling youfrom your lands, such as women and children. But itdoesn't mean that this rule only applies to women andchildren because the rule that was used in the verse isgeneral and not particular'.

We would like to mention some of Al-Shanqiti'sinterpretation:1) The verse is firm and solid and not nullified.2) Some of the pagans didn't show any enmity towardsthe Muslims in any way or form, and it is not lawful to

42


43/100

treat those people kindly and justly.3) This kind of dealing is a priority, especially in this dayand age, due to the extreme inter-relations betweennations and the inability of detachment.(8/98-10).The Hadiths:

1- Nafi' narrated that Abdullah Ibn Omar, may Allah bepleased with him, told him that 'a woman was found inone of the battles of the prophet, peace and blessings of

Allah be upon him, dead. So, the prophet rejected thekilling of women and children'. (Al-Bukhari No. 3014,Muslim No. 1744, and others).

2- Yahya Ibn Said narrated that Abu Bakr Al-Siddiq, mayAllah be pleased with him, sent armies to Sham 'I amadvising you with ten, don't kill a woman, a child, nor anelderly person etc.'. (The Great Sunan, 9/98. And the

hadith is authentic).

After checking the other hadiths which contained theprohibition of killing the elderly and the worshippers (suchas priests), we found them weak according to what IbnHajar mentioned and according to Sheikh Al-Albani. But,the saying of Abu Bakr supports the hadith because itwas at the time of the companions of the prophet andnone of them was in conflict with him in this matter, andthat made it an agreement amongst the scholars.

43


44/100


45/100

and to take what benefits the reason and to abandon therest, then attach other things to it that shares the samereasons.

And the role of the diligent scholar in explaining is tomake sure that the rule is justified then deduce a numberof reasons that may be beneficial to reason the rule with.Then, he should present of them then investigate itsexistence in the secondary matter. And this is themeasured diligency. (from the explanation of Rawdat Al-Nather by Dr. Abdulkareem Al-Namlah, ch. 4, pages2097, 2120, 2139).

And since it is evident to us that the scripts are reasonedeither literally, by hint, or by deduction, and if we look atthe scripts at hand that prohibits the killing of women andchildren and elderly people, our research would enableus to give the same description and rule to those people

who share the same reason with the mentioned in notbeing killed, noting that the hadiths that mention theprohibition of killing the people of the hermitages andchurches are weak which obliges us to share them in therule and it is ok to share others in the same rule as well ifthey fit the description.

Note:

If this issue is faced with the issue of the lawfulness ofthrowing the fighters with mangonel which may kill

45


46/100

women and children and the issue of the lawfulness ofkilling the prisoner of war and the wounded [soldiers], wewould say that the answer would be the same. There is adifference in killing with intention and killing withoutintention, and there's also a difference between killingwhoever fights and doesn't fight and killing whoever hasthe ability to kill us if given the chance.

What comes to our aid in this matter is that the personwho has true with us is not to be killed according to thehadith of the prophet, peace and blessings of Allah beupon him, with the pagan woman who drank from hersupply, and the hadith in which the prophet asked apagan shepherd for some milk, and he [the prophet]didn't kill either one. And the two hadiths also prove whatwe mentioned previously that disbelief in Allah by itself isnot a sufficient reason to ordain killing.

Summary:

It is clear to us from all what was mentioned that thebasis of relationship between the Muslims and non-Muslims is peace and not war, and Allah is All Knowing.

46


47/100

Third Issue

At the absence of the Muslim state or the great Imam(Muslim leader), are the current states and countries' rulevalid which makes the pledge of allegiance to themauthentic and correct and makes Jihad with them validand under their permission and order and theirrelationships with other nations have a legal face?

Before answering this question we have to note thatthere is a difference between ability and failure when itcomes to establishing obligations and prohibitions. ImamIbn Taymiyah, may Allah be merciful with him, said: 'fromthis, it becomes clear the falling of many of these thingseven if they were obligations or unlawful due to theinability of conveying the proof of Allah in the obligationor the prohibition. Because failure or inability omits

obligations and prohibitions even if it was a mustoriginally'. (The Conclusion of the Fatawa, 20/60-61).

'In another meaning, there is a difference between thestate of choice and the state of compulsion, and whoeverdoesn't differentiate between the two states doesn'trealize what is sensible or narrated'. (Al-Awasem and Al-Qawasem in Defending the Sunna of Abu Al-Qasem,8/174). This is due to verse 173 of sura Al-Baqara: "butif one is forced by necessity without willfuldisobedience nor transgressing due limits then is he

47


48/100

guiltless"and verse 119 of sura Al-An' am: "when Hehath explained to you in detail what is forbidden toyou except under compulsion of necessity".

So, this issue at research is a branch that derives from aprime issue, which is the rule of the establishment ofImama (leadership of the Muslims).

It is known that 'Imama is put forth to precede theprophethood in protecting and safeguarding the religionand the matters of this life. And its establishment to theone who applies it in the Muslim nation is a must and anobligation according the consensus of the scholars'. (TheSultanic Rules by Al-Mawardi, page 5).

This Imama has rules and conditions, and some of itsrules is the rule of the multiplicity of Imams (leaders)which has several opinions:

The first opinion: is the opinion of Al-Karamiyah thatallows it absolutely whether in the state of ability orfailure, taking evidence from the incident of Ali andMu'awiyah in which they were both Imams (leaders) thatwere obliged to be obeyed by the parties they ruled andtaking evidence also from the time where two prophetswere sent at the same time where it didn't invalidate theprophethood of either one of them. But, Al-Qurtubirefuted their arguments in his interpretation of the Quranwhere Allah says in verse 30 of sura Al-Baqara: "I will

48


49/100

create a vicegerent on earth".

The second opinion: is the opinion of the majority of thescholars that say that the multiplicity of Imams is notpermissible due to the saying of the prophet: 'if twoImams were given the pledge of allegiance then kill thelatter of them'. (narrated by Muslim in Al-Imara, No.1853), and his saying in the hadith: 'whoever comes toyou where your matter is in the hands of one person(leader) desiring to split you apart or disassemble yourunity then kill him'. (narrated by Muslim in Al-Imara, No.1852), and the saying of the prophet in the hadith:'whoever gives the pledge of allegiance to an Imam andgave him the oath of his hand and the fruit of his heartthen he should obey him if he is able to. And if anotherone comes to contend the first in his rule then strike hisneck'. (narrated by Muslim, No. 1844).

Some of the scholars who are of the opinion of theunlawfulness of the multiplicity of the great Imam are:

Al-Nawawi: where he replied to whoever said of thepermissibility of the multiplicity of Imams in the case ofthe outspread of the Muslim borders by saying: 'this isunsound and contradictory to what the predecessors andthe successors have agreed upon and what is apparentfrom the hadiths'. (The explanation of Sahih Muslim,12/232). He also said: 'it is not permissible to install twoImams (leaders) at the same time even if they rule two

49


50/100


51/100

and its borders it is known that each province and statehas its own Imam or leader and none has the authority inthe province or state of the other. So, it is tolerable tohave multiple Imams and leaders and it is a must to obeyeach after giving the pledge of allegiance to in his

province or state. And if a person comes to contend theImam or leader in his province or state and doesn'trepent then he should be killed, and there is no obligationat the citizens of the other province or state to obey himor enter under his rule due to the vast distance inbetween the states. Because it might not come to theirawareness what occurred to that Imam or leader or theymight not realize who was established of them or died.

And this is well known to whoever has knowledge of thestate of people and lands.

So, know this because it is suitable for the legislativeprinciples and confirms the evidences, and leave what

contradicts this because the difference between the timeof the first Islamic statehood and what it is right now isclearer than sunlight. And whoever denies this is aslander and doesn't deserve to be argued with reason'.(Al-Sayl Al-Jarrar, 4/512).

2- Ibn Kahthir said after mentioning the opinion of thescholars who didn't permit the multiplicity: 'the Imam of

Al-Haramain narrated about Abu Ishaq that he permittedthe installation of two Imams if the provinces becomespread out, and the Imam of Al-Haramain hesitated in

51


52/100

this opinion. I said that this is similar to the state of theAbbasi leaders in Iraq, and the state of Al-Fatimi leadersin Egypt and the Amawis in Morrocco'. (Theexplanation of Ibn Kahtir, 1/74).

3- Al-Qurtubi said after narrating the hadith of 'if twoImams were given the pledge of allegiance': 'this is aclear evidence that it is not permissible to install twoImams because this leads to hypocrisy, disobeyment,disunity, and disturbance and the vanishing of the gracesof Allah. But, if the borders and the provinces becomedistant then it is permissible as in the case of Andalusia(Spain) and Khurasan'. (The explanation of Al-Qurtubi,1/273).

4- Ahmad Bin Ghunaim Bin Salem Al-Maliki said: 'it is not permissible to have multiple leaders except when thestates become multiple'. (Al-Fawakih Al-Dawani, 1/396).

5- Abu Ishaq: where Ibn Kathir and Al-Nawawi reportedhis opinion in the permissibility of installing two Imams ormore if the Islamic state becomes vast and distant.

The second form is for superiority. And some of thescholars of this opinion are:

1- Ibrahim Bin Mohammad Bin Salem Bin Dhuyan said:'and he said that it is not permissible to have multipleImams, and that if every sultan has sovereignty over an

52


53/100

area of land then he rule would be that of an Imam'.(Manar Al-Sabeel, 2/353). Bin Dhuyan died in 1353 Hijri.

2- Al-Sanani said: 'his saying about obeying meansobeying the Khalifa (Muslim leader) which the peopleagreed to pledge the rule to, as if it means a Khalifa(leader) for every province or state since the Muslimsnever agreed upon one Khalifa from the time of the

Abbasis when every province became dependent ontheir governor away from the rule of the Islamic Khilafa'.(Subul Al-Salam Sharh Buloogh Al-Maram Min Adellat Al-Ahkam, 3/499).

3- Mohammad Bin Abdelwahab said: 'all scholars ofevery school unanimously agreed that whoever gainsauthority over a province or several provinces wouldhave the rule of an Imam in all matters, and if this wasn'tso then things would be in chaos because people from a

long time before the time of Imam Ahamd Ibn Hanbaluntil our day didn't agree and unite over one Imam andthey have no knowledge of any scholar that mentionedthat the rules can't be established without the existenceof the great Imam'. (Al-Durar Al-Sunniya in Al-Ajweba Al-Najdiya, 7/932).

The third form is failure or disobedience or similar things.And some of the scholars who said of the permissibility ofhaving multiple Imams due to failure or disobedience are:

53


54/100

Ibn Taymiyah who said: 'the Sunna is to have only oneImam and the rest would be his deputies. But if

presumably some of the nation disobeyed or failed andhad several Imams (leaders) then each of them wouldhave to establish borders and fulfill duties'. (Majmo'aAl-Fatawi, 34/175-176).

Examples of multiple Imams in the Islamic history:

1- From the sayings of jurisprudents:

* Mohammad Bin Abdelwahab said: 'because the peoplefrom a long time before Imam Ahmad Ibn Hanbal untilour this day never agreed upon one Imam'.

* Al-Sanani said: ' the Muslims never agreed upon oneKhalifa from the time of the Abbasis when every provincebecame dependent on their governor away from the rule

of the Islamic Khilafa'.

* Ibn Kathir said: 'I said that this is similar to the state ofthe Abbasi leaders in Iraq, and the state of Al-Fatimileaders in Egypt and the Amawis in Morrocco'.

* Al-Shawkani said: ' after the spread of Islam and itsborders it is known that each province and state has itsown Imam or leader'.

* Ibn Taymiyah said: 'whoever looks upon the state of the

54


55/100

world at this time would know that this group-theMamloukis- is the most upholding of Islam in knowledge,deeds and Jihad throughout the east and west and the

people of Yemen are weak and unable of Jihad and theyare wasteful of the kingdom of this land but most of the

people of Hijaz are outlaws to the rules of Shari'ah(Islamic laws) and the people of faith and religion hasthe weak and unable amongst them, and the might and

power in this time is for the non-Muslims in this landand the nomads in Africa are the majority and they arethe worst kind of peopleand in the far west, theEuropeans have occupied most of the lands and the

people do not struggle in Jihad against the Christians,and many of the Christians who hold the crosses are intheir armies.

This and other things proves that the group in Sham atthis time is considered the battalion of Islam, and their

dignity and honor is the dignity and honor of Islam, andtheir humiliation is the humiliation of Islam'. (MajmoaAl-Fatawi, 28/533-534).

2- From the atlas of Islamic history:

The atlas demonstrated in explanation and maps thehistory of Islam since the appearance of Islam until thefourteenth century, then summarized all of them inhistorical tables (from page 35-42) where he put theyears on the horizontal axis and the provinces on the

55


56/100

vertical axis. And following is a display of the number ofIslamic states in the selected years:

184-288 Hijri [the Abbasis in most of the Islamic world atthat time + the Aghaliba in Africa and Tripoli + Thechildren of Rustom Al-Khawarij in the mid-west + theAdarisa in the far west + the Amawis in Andalusia + theAghaliba in the islands of the mid-west].

597 Hijri [the Abbasi state in Iraq + Indian states in eastof India + the Ghouris in north and central India + QarraKhitai beyond the river + the Ghouris in Afghanistan +Shahat Khawarizm in Iran + the Hashashis in Kavkaz +the children of Salghour in Kavkaz + the Atabika ofAzerbijan in Kavkaz + the Saljouqis in Iraq + theAyyoubis in Yemen and Adan + the Qaramitah in eastand central Arabia + the Fatimis in Sham and Egypt + theKingdom of Cyprus + the Ayyubis in Egypt and Tripoli +

the Mowahhidoon in Morocco and Andalusia + theIslamic State of Ghana].

803 Hijri [the number of countries totaled 22, we ignoredmentioning them for fear of length]. (The Atlas of theHistory of Islam by Dr. Hussein Mo'anis, Cairo).

What is strange about the Muslim revivals is that theyunfortunately think that multiple Islamic states neverexisted in Muslim history like they exist now, knowing thatIndian states alone exceeded over 25.

56


57/100

I said: taking in consideration the purpose of legislationsthat show the importance of national security and thatone of the purposes of Islamic state is to protect thecitizens, the land and the religion, and if we assume thatsaying those small Islamic states are not real and thatthey're not as lawful as the mother state, then peoplewould quarrel and contend endlessly to establish theirexistence and authority which would lead to wastinglands and human souls and violating of rights thusmaking this saying a pure mistake. And we, by sayingthat these small states are legal and with authority similarto the bigger state, would resolve any quarrel orargument and would apply the rules of Islamic laws like:1- The harm would be removed- the spread of tribulationswould remove a rule or lessen it.2- Establishing goals is prior to discussing means.Because applying these principles in installing the

sovereignty and legal authority of these states wouldproduce what protects and preserves the five rights(necessities) that each nation came to protect andpreserve. And Allah is All Knowing.

Saying what is contradictory to what we've said is farfrom the truth and leads to chaos and corruption. And theIslamic laws came to shield and protect the wealth,blood, and honor of humans. So, how about the blood ofMuslims, free non-Muslims under Muslim rule or othersand their wealth and honor? It's like allowing or shedding

57


58/100

in vain the wealth, blood and honor of people, whichabsolutely comes in conflict with the rules and principlesof Islamic law.

Based on that we would come to the followingconclusion:

1) It is permissible to have multiple Imams (leaders)when urgently needed.2) Each Imam (leader) would have the same authority ofthe Great Imam in: [a] Interior affairs. [b] Foreign affairs.And this establishes: [a] Financial affairs in and outsidethe state. [b] Political affairs in and outside the state. [c]Military affairs in and outside the state. [d] The ruler hasthe authority to be obeyed and that the affairs wementioned are at his command and order. [e] He has therights of an Imam and the obligations and duties to hissubjects (citizens) all in accordance with the legal interest

and the boundaries of the law, as possible.

58


59/100

Fourth Issue

The conditions of triumph/victory

It is well known that fighting in the cause of Allah is anobligation (duty) which is dependent on ability, and thescholars have decided that whoever is unable of anaction is not obligated to begin with due to what couldreach him of discomfort or embarrassment according tothe saying of Allah in verse 286 of sura Al-Baqara: Onno soul doth Allah place a burden greater than it canbear". It is also well known that fighting was legislatedand made lawful to establish a favorable interest aidingthe religion and protecting the propagation of it. Also, thebasis of relationship between the Muslims and non-Muslims is peace and not war, and this was reached inthe study and research in the second issue (in this book).

The conditions of victory are divided into legal anduniversal, legislated in the Book (Quran) and Sunna. If allwere achieved and available, the victory of Allah willmaterialize and vice versa. These conditions are:

First: realization of faith:

It is a legal condition that contains all elements of faith; insaying, deeds and belief. This means that it is consistedof the deeds of the heart and organs according to verse47 of sura Al-Rum: "and it was due from us to aid

59


60/100

those who believed", and verse 51 of sura Ghafir: "Wewill without doubt help Our apostles and those whobelieve (both) in this world's life and on the Daywhen the Witnesses will stand forth", and verse 55 ofsura Al-Nur: "Allah has promised to those among youwho believe and work righteous deeds that He will ofa surety grant them in the land inheritance (of power)as He granted it to those before them; that He willestablish in authority their religion the one which Hehas chosen for them; and that He will change (theirstate) after the fear in which they (lived) to one ofsecurity and peace: `They will worship Me (alone)and not associate aught with Me", and many otherverses in the Quran.

We have to realize that absolute faith (which isestablishing all duties and abstaining from allprohibitions) doesn't have to be fully achieved to have

this condition achieved in all members of the Muslimsociety without exceptions, but it has to be achieved fullyin the majority of the Muslim nation, according to verse11 of sura Al-Ra'ad (The Thunder): "Verily never will

Allah change the condition of a people until theychange it themselves (with their own souls).". What'simportant is the majority of the people because there'snot a single society that's free of hypocrites anddisobedients even if they were few, that was even in thesociety of the Medina at the time of the prophet, peaceand blessings of Allah be upon him, and the times of the

60


61/100

great four Khalifas. And whoever calls for the condition ofabsolute faith to be achieved in all of the society withoutexception is in contradiction. The prophet was notordered to immigrate to Medina until Islam was embracedby the majority over there (and not by all), all by thegrace of Allah then by the efforts of Musab Bin Omair andthose who embraced Islam through him. This is clarifiedeven more by seeing that faith didn't reach the majority ofthe society in Mecca before immigration to Medina due tothe hard hearts of the pagans. So, it was crucial to lookfor a softer society that would accept the religion and forfaith to be achieved in the majority of its members so thatthis condition would be realized. And the society ofMedina was a perfect choice when the people of Taifrejected the call of the prophet to Islam.

Looking at the Muslim nation nowadays, is faith achievedin the majority of the Muslims in all of the Muslim nations

or even in some of them? And if the answer was positive,then where?

Whoever will decide this, has to be well learned of thereligion from all sides and he has to be aware of theaffairs of the people away from any misguidingpropaganda, especially in those deceiving years thatwe're living through, which makes the truthful to beviewed as a liar and a liar as a truthful and a trustworthyperson as a traitor and vice versa. And we can learn fromthe death of the third Khalifa (Othman Bin Affan) and how

61


62/100

some of the Muslims were convinced that he was anunjust and oppressive ruler and that even some hascalled him an infidel when he was the best human beingwalking on the face of earth at that time according to thehadith of the prophet.

Second: achieving material preparation(might/power):

This is also a legal and universal condition according toverse 60 of sura Al-Anfal: "Against them make readyyour strength to the utmost of your power includingsteeds of war to strike terror into (the hearts of) theenemies of Allah and your enemies and othersbesides whom ye may not know but whom Allahdoth know." and verse 66 of sura Al-Anfal: "For the

present Allah hath lightened your (task) for Heknoweth that there is a weak spot in you: but (even

so) if there are a hundred of you patient andpersevering they will vanquish two hundred and if athousand they will vanquish two thousand with theleave of Allah: for Allah is with those who patiently

persevere."

Al-Qurtubi says: 'Against them make ready: means thatAllah ordered the believers to prepare all the strengthand power against the enemies after assuringmentioning taqwa (piety) in advance'. And about themeaning of strength, Al-Qurtubi mentioned some of the

62


63/100

hadiths like the hadith of Oqba Bin Amer saying: I heardthe prophet saying when he was at the pulpit: 'Againstthem make ready your strength to the utmost of your

power: the strength is shooting, the strength is shooting'.(narrated by Muslim).

The word "strength" in the verse came as an indefinitenoun speaking in general, whether this strength wasmilitary, economical, political or any other thing. And inthe meaning of"to strike terror into (the hearts of) theenemies of Allah and your enemies", Al-Qurtubi said:'meaning to scare with it the enemies of Allah and yourenemies'.

To achieve this material preparation (strength) thatproduces the terror in the hearts of the enemy, there hasto be:

1- Utilization of all kinds of possible power and strength,whether it was military, economical or political accordingto verse 60 of sura Al-Anfal: "Against them make readyyour strength to the utmost of your power includingsteeds of war to strike terror into (the hearts of) theenemies of Allah and your enemies and othersbesides whom ye may not know but whom Allahdoth know.", and the hadith of the prophet where hesays: 'A strong believer is best and more beloved to Allahthan a weak believer, and there's good in both'.2- The level of preparation has to reach a level where our

63


64/100

enemy would fear us and take good account before he isready to face us. This means that we should own adeterrent power and this is not going to be achieved(these days) except by owning advanced modernweapons that other nations produce and own.

The Noble Quran defined the minimum level of neededstrength to deter our enemies where we are not allowedto retreat from the field of war unless to be in a stratagemof war or to retreat to a troop of our own as indicated inverses 56 and 66 of sura Al-Anfal: "O apostle! rousethe believers to the fight. If there are twenty amongstyou patient and persevering they will vanquish twohundred: if a hundred they will vanquish a thousandof the unbelievers: for these are a people withoutunderstanding. For the present Allah hath lightenedyour (task) for He knoweth that there is a weak spotin you: but (even so) if there are a hundred of you

patient and persevering they will vanquish twohundred and if a thousand they will vanquish twothousand with the leave of Allah: for Allah is withthose who patiently persevere".

Al-Tabari said about those two verses: 'many of thescholars of interpretation of Quran said what's similar towhat we've said. And Al-Laith said: each man was equalto ten men (in strength), then it became as each manwas equal to two men where he is not supposed to turnhis back from them on the day of war. And Ibn Abbas

64


65/100

said: when this verse was revealed the Muslims felthardship that twenty of them would have to face twohundred in the battle field so, Allah lessened the ruleupon them and nullified the verse with another one andsaid: "For the present Allah hath lightened your (task)for He knoweth that there is a weak spot in you: but(even so) if there are a hundred of you patient and

persevering they will vanquish two hundred and if athousand they will vanquish two thousand"and said:they were if faced by the enemy not allowed to turn theirbacks and retreat from them, and if not faced by theenemy they wouldn't have to engage in war and fight andthey were allowed to be in a stratagem of war'. (10/38-39).

From among the scholars who permitted the retreat fromthe battle field in such case:

* From the Hanbali school:

- Ibn Qudama Al-Maqdisi said: 'steadfastness becomesan obligation by two conditions: that the non-believers'army is no more than double the number of the Muslimarmy. So, if the number of the enemy goes over doublethen it is permissible for the Muslims to retreat accordingto verse 66 of sura Al-Anfal: "For the present Allahhath lightened your (task) for He knoweth that thereis a weak spot in you: but (even so) if there are ahundred of you patient and persevering they will

65


66/100

vanquish two hundred". (Al-Mughni, 8/484). And healso said: 'and if the number of the enemy's army is morethan double the number of the Muslim army but theMuslims realized that victory is on their side then it'sbetter for them to be steadfast in the battle field, and ifthey retreat it's also permissible because they might notbe safe from defeat'. (Al-Mughni, 8/485).

- Mansour Bin Younis Bin Idris Al-Bahouti said: 'if thenumber of the enemy exceeds double the number of theMuslims then they are permitted to retreat', then hementioned the saying of Ibn Abbas: 'the apparentmeaning that it is permissible to retreat with the minimumnumber of increase and if they assume victory thensteadfastness becomes a priority, rather it is likened'.(Kishaf Al-Qina'a from Matn Al-Iqna'a, 3/41).

- Ibrahim Bin Dhuyan permitted retreat due to the number

exceeding double in his book "Manar Al-Sabeel" inchapter 1, page 271.

- Ibrahim Bin Mohammad Bin Abdalla Al-Hanbali alsopermitted retreat due to the number exceeding double.(Al-Mubdi'a, 3/316).

* From the Shafi' school:

- Imam Shafi' said: 'I don't like for the Muslims to retreateven if the number of the enemy is more than double,

66


67/100

and I don't see that they deserve the wrath of Allah if theydo retreat'. (the Rules of Quran, 2/34 and Al-Umm,4/196).

- Al-Muti'i said: 'when the number of the non-believersexceed double the number of the Muslims then they canretreat and if they think that they won't be killed thenit's better for them to be steadfast and not retreat so thatthe Muslims won't be defeated, and if they think that theywould be killed then there are two opinions in this matter;one is that they must retreat according to verse 195 insura Al-Baqara: "and make not your own handscontribute to your destruction", and the second is thatit is likened for them to retreat but they're not obliged to'.(Al-Majmou', 19/291).

- Al-Syed Al-Bakri Al-Dumiati said: 'if they assume thatthey would be killed then it is a must that they retreat

according to the verse: "and make not your own handscontribute to your destruction", and if the number ofthe enemy doesn't exceed the double then it is forbiddento retreat'. And he said in his explanation: 'and if theyexceed double our numbers, like if they were twohundred and one weak men facing one hundred strongmen'. Then, he said: 'and if they don't exceed the doublethey're permitted to retreat, like if the Muslims were 100weak men facing 199 strong men of the non-believers.

And this is better because the lesson is by resisting notby the numbers and this doesn't contradict the verse.

67


68/100

What governs the rule, as Al-Zarkashi and Al-Balqinisaid, is that there has to be enough power in the Muslimsso that they would assume victory over their enemy evenif the number of the enemy is more than double'. (IanatAl-Talibeen, 4/198).

* From the Maliki school:

- Abu Al-Hasan Al-Maliki, Salih Bin Abdlesami'a Al-Azhari,and Ali Al-Saidi Al-Adawi permitted retreat when thenumber of the enemy exceeds double the number of theMuslims.

* From the Hanafi school:

- Ala'Eddin Al-Kasani said: 'the rule in this is not restrictedby the numbers but is according to what is assumed ofstrength and the ability to resist and fight the enemy. So,

if they assume that they can resist, they have tosteadfast in the battle field even if they were less innumbers, and if they assume defeat then it's permissiblethat they retreat to a group of Muslims to seek their aideven if they were more in number than the enemy'.(Badai'i Al-Sanai', 7/98). And Ali Bin Al-Hussein Al-Saghdisaid in his edicts: 'it's not lawful to retreat from the battlefield, and it's not lawful for a man among the Muslims toretreat from two men of the non-believers, but if heretreats from three men then he is allowed to and if heremains fighting until he is killed then that would be

68


69/100

alright'. (Al-Saghdi's Fatawa, 2/712).

- Al-Shawkani says: 'and if they (the Muslims) realize withstrong evidences that the non-believers are victoriousover them then they have to abstain from fighting themand increase the number of the mujahideen (Muslimsoldiers) and seek the aid of the Muslims, according toverse 195 of sura Al-Baqara: "and make not your ownhands contribute to your destruction"... It is wellknown that whoever dares upon the enemy whilerealizing captivity or defeat is like the one who throwshimself towards destruction... if the number of Muslims ishalf the number of the non-believers (in the battle field),then it's prohibited for them to retreat, otherwise it is

permissible, and Allah made an exception for those whowould trick the enemy (in the form of retreat to re-attack)or those who would retreat to another group of Muslimfighters to aid them in the battle, and this is not

considered from the forbidden retreat'. And he also said:'but if they assume defeat and didn't retreat, then it is

permissible for them to retreat according to two opinions.Imam Yahya said: the best of the two opinions is thatthey must retreat according to the verse: "and make notyour own hands contribute to your destruction".(Nayl Al-Awtar, 8/78).

69


70/100

Lessons:

1- The retreat of the Muslim army in the battle of Mu'ataunder the leadership of Khalid Ibn Al-Walid, may Allah bepleased with him, due to the Romans' army being morethan the Muslims' both in number and artillery. TheMuslims gathered up in Maan to consult each other aboutthe battle until some advised to return back to Medinaand others asked for reinforcement. And if thecompanions of the prophet understood the sending of thearmy for battle by the prophet as an ordained dutywhatever the circumstances might have been they wouldhave never gathered up for a meeting of consultation andthe proof to that is that if they decided to retreat back toMedina according to the opinion of some they wouldn'thave been considered outside the boundaries of theIslamic laws in protecting and preserving the blood of theMuslims and to perfect their preparations for meeting the

enemy in battle. Also, it wasn't reported that the prophetdidn't affirm their decision when they returned to Medina.

2- The defeat of the Taliban regime in Afghanistan in2002 facing the most powerful armies of the globeheaded by the Americans, as it was a must to accept apolitical settlement based on the American request toprevent the eruption of the war. And to say that theUnited States would have stricken Afghanistan even if theTaliban responded to their request is a form of socialistpolitical deceit that the Muslims have fallen into many of

70


71/100

times and still are. And by responding, this wouldn't beconsidered as a form of betrayal or falsehood but wouldbe considered as preserving lives and protecting the landof the Muslims.

3- In Ramadan of 1973 the Egyptian forces won the waragainst the Israelis in Sinai and when the United Statesof America intervened to aid the Israelis in the warPresident Sadat declared many of times that he can notdefeat the United States and with that he preserved andprotected his armed forces and country. But unfortunatelythe malicious leftists and whoever was affected by themof the Muslims incited a grudgeful campaign against thisvictory until it was viewed as a defeat in the eyes of manyand against the character of Sadat until they shed hisblood, and years later they regretted their bad deed andapologized for assassinating him, which is considered agood deed but it was too late.

4- In 1980 a group called "Juheiman" attempted tooverthrow the Saudi regime, in spite of all warnings fromthe Muslim scholars headed by Sheikhs Ibn Baz, Al-Albani and Abu Bakr Al-Jazaeri, claiming the appearanceof Al-Mahdi Mohammad Bin Abdalla Al-Qahtani and theystirred up a disorder in the Meccan sanctuary wherecircumam

Documents

No Terrorism and Radicalism - (Issues About Jihad)