„Arab territory differs from non-Arab territory in that one fights Arabs only to oblige them to embrace Islam without making them pay the poll tax: nothing but their conversion is acceptable, and their land, if it is left to them, is tithe land. If the imam does not leave it to them and decides on its division, it still remains tithe land. The decision in respect of non-Arabs is different because they are fought not only to convert them but also to oblige them to pay the poll tax, whereas only the first of these objectives applies to the Arabs since they must either convert or be put to death.“ (Abu Yusuf, d. 798, „Kitab Al-Kharaj“)
„Fight in the name of God and in the „path of God“ lie, truth]. Combat [only] those who disbelieve in God. Whenever you meet your polytheist enemies, invite them [first] to adopt Islam. If they do so, accept it, and let them alone. You should then invite them to move from their territory to the territory of the emigres [Madina]. If they do so, accept it and let them alone. Otherwise, they should be informed that they would be [treated] like the Muslim nomads (Bedouins) [who take no part in the war] in that they are subjects of God’s orders as [other] Muslims, but that they will receive no share in either the ghanima (spoil of war) or in the fay. If they refuse [to accept Islam], then call upon then to pay the jizya (poll tax); if they do, accept it and leave them alone. […] If the army [of Islam] attacks the territory of war and it is a territory that has received an invitation to accept Islam, it is commendable if the army renews the invitation, but if it fails to do so it is not wrong. The army may launch the attack [on the enemy] by night or by day and it is permissible to burn [the enemy] fortifications with fire or to inundate them with water. If [the enemy] captures any spoil of war, it should not be divided up in enemy territory until [the Muslims] have brought it to a place of security and removed it to the territory of Islam.“ (Shaybani, d. um 804, „Siyar“)
„God has imposed the [duty of] jihad as laid down in His Book and uttered by His Prophet’s tongue. He stressed the calling [of men to fulfill] the jihad [duty] as follows: God has brought from Me believeaa their selves and their possessions against [the gift of] Paradise. They fight a the way of God; they kill, and am killed […] Fight the polytheists totally as they fight you totally; and know that God is with the godfearing [Q. 9.36]. […] Slay the polytheists wherever you find them, and take them, and confine them, and lie in ambush for them everywhere. But if they repent and perform the prayer and pay the zakat, then set them free. God is All-forgiving, All-compassionate [Q. 9.5] Fight those who do not believe in God nor in the Last Day, who do not forbid what God and His Apostle have made fothidden, and who do not practice the religion of truth, of those who have been give the Book, until they pay the jizya out of hand and have been humbled [Q. 9.29][…]So far as I have been informed, the Muslims have continued to act as I have stated, from the time of the Prophet to the present.“ (Al-Shafi’i, d. 820)
„Jihad is a precept of Divine institution. Its performance by certain individuals may dispense others from it. We Malilds [one of the four schools of Muslim jurisprudence] maintain that it is preferable not to begin hostilities with the enemy before having invited the latter to embrace the religion of Allah except where the enemy attacks first. They have the alternative of either converting to Islam or paying the poll tax , short of which war will be declared against them. The jizya can only be accepted from them if they occupy a territory where our laws can be enforced. If they are out of our reach. the jizya cannot be accepted from them unless they come within our territory. Otherwise we will make war against them.“ (Ibn Abi Zayd al-Qayrawani, d. 996)
„Jihad against all infidels is obligatory for all Muslims. Unbelievers are divided into two categories. One group includes all unbelievers [in Islam]. Nothing short of accepting Islam is acceptable from them. If they refuse, they must be killed and their offsprings captured and their properties confiscated. This rule does not apply to Jews, Zoroastrians, and Christians. If they pay obligatory tax (jizya) and decide to remain in their religion fighting with them is not permissible. Otherwise, the rule that applies to infidels applies to them as well and in such a case fighting with them is obligatory.“
(Shaykh al-Taifah, also Tusi, d. 1068, „Al-Nihayah fi mujarrad al-fiqh wa’l fatwa“ – „The Ultimate Source on Principles of Jurisprudence and Legal Verdict“)
„As for consensus, after (the death of) the Prophet (God bless him) the four caliphs and all the companions (of the Prophet) agreed on the jihad’s being incumbent on all. Not one of them left (off prosecuting) it during his caliphate, and those who were appointed as successors afterwards and ruled in their own time, one after another, followed them in that, the ruler carrying out an expedition himself every year, or sending someone out from his deputies on his behalf.“ (Ali ibn Tahir Al-Sulami, d. 1106, „Kitab al-Jihad“, f. 174 a)
„[O]ne must go on jihad (i.e., warlike razzias or raids) at least once a year […] one may use a catapult against them [non-Muslims] when they are in 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 [People of the Book—Jews and Christians, typically] is enslaved, his marriage is [automatically] 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 […] [On the dhimmis subjected by jihad] [T]he dhimmi is obliged not to mention Allah or His Apostle … Jews. Christians, and Majians must pay the jizya [poll tax on non-Muslims] […] on offering up the jizya, the dhimmi must hang his head while the official takes hold of his beard and hits [the dhimmi] on the protruberant bone beneath his ear [i.e., the mandible].[…] They are not permitted to ostentatiously display their wine or church bells […] their houses may not be higher than the Muslim’s, no matter how low that is. The dhimmi may not ride an elegant horse or mule; he may ride a donkey only if the saddle[-work] is of wood. He may not walk on the good part of the road. They [the dhimmis] have to wear [an identifying] patch [on their clothing], even women, and even in the [public] baths […] [dhimmis] must hold their tongue“ (Al Ghazali, d. 1111, „Kitab Al-Wagiz Fi Figh Madhab AL-Imam Al-Safi“)
„The general rule is given by [K 9:5]: „Slay the polytheists wherever ye find them. This does not preclude any manner of slaying. […] According to all scholars, the prerequisite for warfare is that the enemy must have heard the summons to Islam. This implies that it is not allowed to attack them before the summons has reached them. […] The Moslems are agreed that the aim of warfare against the People of the Book, with the exception of those belonging to the Quraysh-tribe and Arab Christians, is twofold: either conversion to Islam, or payment of poll-tax (djizyah). This is based on [K 9:29]“ (Averroes, d. 1198, „Bidayat Al-Mudjtahif“)
„Legal war (jihad) is an obligatory social duty (fard-kifaya); when one group of Moslems guarantees that it is being carried out in a satisfactory manner, the others are exempted. The Jihad becomes a strictly binding personal duty (fard-‚ain) for all Muslims who are enlisted [? en ligne] or whose country has been [invaded] by the enemy. It is obligatory only for free men who have reached puberty, are endowed with reason and capable of fighting. Jihad is the best of the works of supererogation. Abu Huraira relates that „[t]he Prophet, when asked what was the best of all works, replied: Belief in God (and in His Prophet] -And then? someone asked him. – War for God’s cause, then a pious pilgrimage.“ Abu Sa’id reports also that the Prophet, when asked who was the best of all men, replied, „He who fights for God’s cause, personally and with his goods.“ (Ibn Qudama, d. 1223)
„[It] is allowed to fight people for [not observing] unambiguous and generally recognized obligations and prohibitions, until they undertake to perform the explicitly prescribed prayers, to pay zakat, to fast during the month of Ramadan, to make the pilgrimage to Mecca and to avoid what is prohibited, such as marrying women in spite of legal impediments, eating impure things, acting unlawfully against the lives and properties of Muslims and the like. It is obligatory to take the initiative in fighting those people, as soon as the Prophet’s summons with the reasons for which they are fought has reached them. But if they first attack the Muslims then fighting them is even more urgent, as we have mentioned when dealing with the fighting against rebellious and aggressive bandits.“
„The penalties that the Sharia has introduced for those who disobey God and His Messengers of two kinds: the punishment of those who are under the sway [of the imam], both individuals and collectivities, as has been mentioned before [in the chapter on criminal law], and, secondly, the punishment of recalcitrant groups, such as those that can only be brought under the sway of the Imam by a decisive fight. That then is the jihad against the unbelievers (kuffar), the enemies of God and His Messenger. For whoever has heard the summons of the Messenger of God, Peace be upon him, and has not responded to it, must be fought, „until there is no persecution and the religion is God’s entirely.“ (K. 2:193, 8:39) (Ibn Taymiyya, d. 1328, „Al-Siyasa Al-Shariyya“)
„The first revelation from God which came to the Prophet—peace be on him—was „Iqraa, bisme Rabbika alladhee …“ („Rread, in the name of Your Sustainer, Who created …“). This was the beginning of the Prophethood. God commanded the Prophet—peace be on him—to recite this in his heart. The commandment to preach had not yet come. Then God revealed „Ya ayyuha al-Muddathir, qum fan.ir“ („O you who are enwrapped in your mantle, rise and warn“). Thus, the revelation of „Iqraa“ was his appointment to Prophethood, while „Ya ayyuha al- muddathir“ was his appointment to Messengership. Later God commanded the Prophet—peace be on him—to warn his near relatives, then his people, then the Arabs who were around them, then all of Arabia, and finally the whole world. Thus for thirteen years after the beginning of his Messengership, he called people to God through preaching, without fighting or liryah [a tax levied by Muslims on non-Muslim men in areas governed by Muslims, in lieu of military service], and was commanded to restrain himself and to practice patience and forbearance. Then he was commanded to migrate, and later permission was given to fight. Then he was commanded to fight those who fought him, and to restrain himself from those who did not make war with him. Later he was commanded to fight the polytheists until God’s religion was fully established. After the command for Jihaad came, the non-believers were divided into three categories: one, those with whom there was peace; two, the people with whom the Muslims were at war; and three, the Dhimmies.“ (Ibn Qayyim, d. 1350, „Zad al-Mitad“)
„Sons of Mahmud and kings of Islam! You should with all your royal determination apply yourself to uprooting and disgracing infidels, polytheism, and men of bad dogmas and bad religions, if you wish that you may not have to be ashamed before God and his Prophets and that in your record of life—concerning what you have said and done, the clothes you have worn, and the food you have eaten—they may write good instead of evil. You should consider the enemies of God and His Faith to be your enemies and you should risk your power and authority in overthrowing them, so that you may win the approval of God and the Prophet Mohammad and of all prophets and saints. You should not content yourself merely with levying the poll-tax and the tribute from the infidels and you should not allow infidelity to be preserved in spite of your royal power and authority. You should strive day and night for the degradation of infidelity so that (on the Day of Judgment) you may be raised (from your graves) among the prophets and be blessed with the sight of God for all eternity and „may find a seat among the truthful near the Powerful King of (God).“ (Ziauddin Barani, d. 1357, „Fatawa-I Jahandari“)
„[Sura 9:5 – ] (then fight the Mushrikin wherever you find them), means, on the earth in general, except for the Sacred Area, for Allah said“ […] This honorable Ayah (9:5) was called the Ayah of the Sword, about which Ad-Dahhak bin Muzahim said, „It abrogated every agreement of peace between the Prophet and any idolator, every treaty, and every term.“ Al-`Awfi said that Ibn `Abbas commented: „No idolator had any more treaty or promise of safety ever since Surah Bara’ah was revealed. The four months, in addition to, all peace treaties conducted before Bara’ah was revealed and announced had ended by the tenth of the month of Rabi` Al-Akhir.“[…] [Sura 9:29] (Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, until they pay the Jizyah with willing submission, and feel themselves subdued.) This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah’s religion in large numbers, and the Arabian Peninsula was secured under the Muslims‘ control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination.“ (Ibn Kathir, d. 1373, „Tafsir“)
„In the Muslim community, the holy war is a religious duty, because of the universalism of the mission and convert everybody to Islam either by persuasion or by force. Therefore, caliphate and royal authority are united . so that the person in charge can devote the available strength to both of them at the same time. – The other religious groups did not have a universal mission, and the holy war was not a religious duty to them, save only for purposes of defense.“ (Ibn Khaldun, d. 1406, „The Mugaddimah“)
„War and fighting with unbelievers is obligatory for Muslims even if the infidels did not start the war. The Qur’an does not make war with infidels contingent upon starting war by them. Moreover, as recorded in Sahih al-Bukhari and Sahih al-Muslirn, the Prophet said that, „I was commanded to fight with people until they say ‚There is no god but God‘ (‚La ilaha ill ‚ILah).“ (Kamal ibn Humam, d. 1457, „Fath al-Qadir lil ‚ajiz, al faqir“ – „The al-Qadir Opening for Helpless Seeker“)
„Then, when the sacred months have passed — that is, [at] the end of the period of deferment — slay the idolaters wherever you find them, be it during a lawful [period] or a sacred [one], and take them, captive, and confine them, to castles and forts, until they have no choice except [being put to] death or [acceptance of] Islam; and lie in wait for them at every place of ambush, [at every] route that they use (kulla, ‘every’, is in the accusative because a [preceding] genitive-taking preposition has been removed). But if they repent, of unbelief, and establish prayer and pay the alms, then leave their way free, and do not interfere with them. God is Forgiving, Merciful, to those who repent.[Comment Q 9:5] […] Then, when the sacred months have passed — that is, [at] the end of the period of deferment — slay the idolaters wherever you find them, be it during a lawful [period] or a sacred [one], and take them, captive, and confine them, to castles and forts, until they have no choice except [being put to] death or [acceptance of] Islam; and lie in wait for them at every place of ambush, [at every] route that they use (kulla, ‘every’, is in the accusative because a [preceding] genitive-taking preposition has been removed). But if they repent, of unbelief, and establish prayer and pay the alms, then leave their way free, and do not interfere with them. God is Forgiving, Merciful, to those who repent.[Comment Q 9:29] (Jalal ad-Din al-Mahalli, d. 1459, as-Suyuti d. 1505, „Tafsir al-Jalalayn“)
„Islamic holy war against followers of other religions, such as Jews is required unless they converts to Islam or pay the poll tax. […T]hose possessing Holy Scriptures, such as Christians, Jews and Zoroastrians, living in Moslem territories are obliged to pay the poll tax (in lieu of conversion to Islam).“ (Muhammad al-Amili, d. 1621)
„Shariat can be fostered through the sword. Kufr and Islam are opposed to each other. The progress of one is possible only at the expense of the other and co-existence between these two contradictory faiths is unthinkable. – The honour of Islam lies in insulting kufr and kafirs. One who respects kafirs dishonours the Muslims. To respect them does not merely mean honouring them and assigning them a seat of honour in any assembly, but it also implies keeping company with them or showing considerations to them. They should be kept at an arm’s length like dogs…. If some worldly business cannot be performed without them, in that case only a minimum of contact should be established with them but without taking them into confidence. The highest Islamic sentiment asserts that it n better to forego that worldly business and that no relationship should be established with the kafirs. The retl purpose in levying jizya on them (the non-Muslims) is to humiliate then to such an extent that, on account of fear of jizya, they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It in intended to hold them under contempt and to uphold the honour and might of Islam.“ (Sirhindi, d. 1624)
„Wherever they [the People of the Book] remain for some time among Muslims and hear Qur’anic verses and the ahadith of the Prophet and of those of his House [the Imams], peace be upon them, and witness the true laws and perfect worship of the people of Islam, if they do not act fanatically, they will quickly arrive at the knowledge of the true claims of Islam. So if they observe the conditions of the jizya and live in baseness and abjectness among Muslims, bias and obstinacy will not prevent them from accepting the true religion [… – ] Qur’an [9:29]: „Fight against such as those who have been given the Scripture as believe not in Allah nor the Last Day, and forbid not that which Allah had forbidden by His messenger, and follow not the religion of truth, until they pay the tribute readily, being brought low.“ That is, fight against those who do not believe in God and in the Day of Resurrection. who do not prohibit the things that have been prohibited by God and His Prophet, such as wine and pork, and do not believe in the religion of truth, from among those who had been given the Book.—until they pay the jizya, with their own hands, while they are in a low and abased state.“ (Muhammad Al-Majlisi d.1699, „Risala-yi Sawa iq al-Yahud“)
„It has become clear to my mind that the kingdom of heaven has predestined that kafirs should be reduced to a state of humiliation and treated with utter contempt. Should that repository of majesty and dauntless courage (Nizam al-Maluk) gird his loins and direct his attention to such a task he can conquer the world. Thus the faith will become more popular and his own power strengthened; a little effort would be profoundly rewarded. Should he make no effort, they (the Marathas) would inevitably be weakened and annihilated through celestial calamities and in such an event he would gain no credit […] You should therefore not be negligent in fighting jihad. Oh Kings, Mala a´la, urges you to draw your swords and not put them back in their sheaths again until Allah has separated the Muslims from the polytheists and the rebellious kafirs and the sinners are made absolutely feeble and helpless. In his testament to ‚Omar, Abu Bakr had informed him that if he feared God, the entire world would be frightened of him (Umar). […] By taking up the sword to make Islam supreme and by subordinating your own persona needs to this cause, you will reap vast benefits.“ (Shah Wall-Allah, d. 1762)
DISCORSI 