56.2. THE BOOK OF JIHAD
Jihad is wajib if he is faced with it, when his country is laid siege by the enemy or when the leader orders him to go forth.
“Jihad is wajib”: In these three scenarios:
First scenario: “If he is faced with it”: He is faced with jihad while he has the ability to fight in a battle. Hence, it is wajib for him to participate in the jihad. It is not permissible for him to avoid the battlefield or to stay away from the battle. Allah says: {O you who have believed, when you meet those who disbelieve advancing [for battle], do not turn to them your backs [in flight]. And whoever turns his back to them on such a day, unless swerving [as a strategy] for war or joining [another] company has certainly returned with anger [upon him] from Allah, and his refuge is Hell – and wretched is the destination.} (Al-Anfal: 15-16)
This is known as al-firar min al-zahf or fleeing from the battlefield. The Prophet(pbuh) classified this act as one of the seven gravest sins. (Reported by al-Bukhari (4/12), (8/217-218) and Muslim (1/64) from the narration of Abu Hurairah.) If jihad is called while one has the ability to fight, then he has no other choice but to take part in the fighting. If he flees from the battlefield, then he has committed one of the gravest sins in Islam.
Second scenario: “When his country is laid siege by the enemy”: It is wajib upon all those who are able to fight to participate in the jihad so as to defend the honour, the land and the din of the Muslims. It is an obligation on all those who are able to carry arms to fight against the enemy to defend their country.
Third scenario: “Or when the leader orders him to go forth”: If the leader orders him to partake in jihad, then it is wajib for him to follow the orders if he is able to fight. The Prophet(pbuh) said: “If you are ordered to go forth, then go forth.” (Reported by al-Bukhari (3/18), (4/17-18, 28, 92, 127) and Muslim (4/109) from the narration of Ibn Abbas.) Allah says: {O you who have believed, what is [the matter] with you that, when you are told to go forth in the cause of Allah, you adhere heavily to the earth? Are you satisfied with the life of this world rather than the Hereafter? But what is the enjoyment of worldly life compared to the Hereafter except a [very] little. If you do not go forth, He will punish you with a painful punishment and will replace you with another person, and you will not harm Him at all.} (Al-Tawbah: 38-39)
If the leader of the Muslims commands him to partake in jihad while he has the ability to do so, then it becomes wajib upon him to go forth to partake in jihad for the sake of Allah. These are the three scenarios in which jihad is obligatory— that is, upon all those who are able and fit.
The longest period for rib at is forty days.
“The longest period for ribat”‘. Ribat is a place which is vulnerable to enemy attacks. (See al-Dar al-Naqi (3/767).) The Muslims must put guards there to secure it so that any surprise attacks will not be mounted by the enemy. It has to be guarded so that the enemy cannot enter the Muslim land via that vulnerable area. Those who stand guard at this dangerous zone are accorded great merit. The act of guarding is known as ribat. The Prophet(pbuh) said, “Ribat in the path of Allah for a day is better than what this world contains and whatever there is within it.” (Reported by al-Bukhari (4/43), Ahmad (5/339) and al-Tirmidhi (1664) from the narration of Sahl ibn Sa’d.) The shortest period for ribat can be a brief moment, even an hour.
“Forty days”: The longest period for ribat in the path of Allah is forty days and ribat requires the person to be present or stay in the dangerous area where infiltration of the enemy is feared.
If his parents are Muslims, then he is not to participate in supererogatory jihad without their permission.
“If his parents are Muslims, then he is not to participate in supererogatory jihad without their permission”: If his parents do not want him to participate in jihad, for instance if his father deters him from participating in jihad, then we have to scrutinize if the jihad is supererogatory, i.e. if it is only a communal obligation. If it is not an individual obligation (fard ‘ayn), then he must not partake in this jihad unless he has both of his parent’s permission. This is because obeying them is obligatory whereas jihad in this instance is optional and it is not permissible to leave an obligatory deed to accomplish a supererogatory deed. In a hadith, the Prophet(pbuh) advised the man who had both parents to, “Make jihad in both of them.” (Reported by al-Bukhari (4/71) and Muslim (8/3) from the narration of ‘Abdullah ibn ‘Amr.) This man had hopes of participating in jihad in the way of Allah. The Prophet(pbuh) asked him: “Are your parents alive?” To which he replied, “Yes.” So, the Prophet said, “Make jihad in both of them.”
One’s duty to his parents is second only to the duties one discharges to Allah. Hence, supererogatory jihad should not be given priority over one’s duties towards his parents. However, if jihad is fard ‘ayn (obligation on all individuals) as in the three scenarios discussed earlier, then he must not obey his parents if they deter him from jihad. Just as they cannot prevent him from performing his prayers, giving zakat, fasting in the month of Ramadan and performing the obligatory Hajj, they cannot prevent him from partaking in jihad which is fard ‘ayn. This type of jihad is similar to the rest of the obligatory acts of worship. None can deter a person from these obligatory acts. In fact, it is wajib for him to carry it out.
The leader should inspect his troops during a march past. He must disallow the provocateurs and those who spread rumours.
“The leader should inspect his troops during a march past”: I.e. the leader of the Muslims. The command to wage jihad, preparation for it and planning battle strategies are all the purview of the leader (imam). None should partake in jihad without the permission of the imam. It is the imam’s duty to inspect the troops after he calls for jihad and gathers the army. He does this during a march past as the Prophet(pbuh) used to do so and would say, “Fight in the way of Allah.” He would also add, “In the name of Allah, fight in the way of Allah, fight those who disbelieve in Allah but kill not a child. Do not mutilate and do not break a pledge.” (Reported by Muslim (5/139), Abu Dawud (2612), al-Tirmidhi (1408) and Ibn Majah (2858) from the narration of Buraydah ibn al-Hasib.)
The Prophet(pbuh) used to advise his generals and those who were around him. He would order them to fear Allah and would explain to them the battle strategy. He would detail exact orders to each general that the latter had to achieve along with his troops. Hence the imam must appoint a commander-in-chief for the army, choosing the one most knowledgeable in the art of war and he who has the best organisational skills.
“He must disallow the provocateurs and those who spread rumours”: When the troops led by the general perform the march past, the imam should inspect the troops personally even though he appointed a commander-in-chief. He must exclude those who are unfit to join the army and give assurance to those he sees fit to do battle. He must exclude the provocateurs who urge people to desert the jihad and who try to weaken their resolve by frightening them. The imam must prevent these men from joining the Muslim army. Those who spread false rumours should also be excluded. They scare their fellow soldiers by telling tales that exaggerate the enemy’s capability. They say things such as, “You do not stand a chance against the enemy. They are very strong and are expert fighters. They have better weapons [etc.]” They spread these false rumours amongst the soldiers in order to terrify them and weaken their determination. These types of individuals are considered to be agitators. When mentioning about the hypocrites, Allah says: {Had they gone forth with you, they would not have increased you except in confusion, and they would have been active amongst you, seeking [to cause] you fitnah. And among you are avid listeners to them. And Allah is Knowing of the wrongdoers.} (Al-Tawbah: 47)
The provocateur and the rumour-monger should not be allowed to join the Muslim army for they will weaken the army by defeating the minds of the soldiers even before the battle with the enemy commences. Therefore, it is imperative that these two types of people are prevented from joining the mujahidin.
He may reward the soldiers from a quarter of the war booty after initially setting aside one fifth of it. After the battle, a third of it can be given as reward (after the one fifth).
“He may reward the soldiers”: Al-nafl is the act of rewarding the soldiers who were exemplary and had shown bravery during the battle from the war booty. (See Lisan al-’Arab (11/671).) The imam may reward him by increasing his share of the war booty as a form of encouragement. This is the sole prerogative of the imam.
“From a quarter of the war booty after initially setting aside one fifth of it”: When the army is about to leave the battlefield, the reward of al-nafl is given. After a fifth of the war booty is set aside, a fourth of the remainder is awarded to those who are deserving of it. It is wajib to set aside a fifth of the war booty initially for Allah, His Messenger, the orphans and the stranded traveler:
{And know that anything you obtain of war booty – then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller.} (Al-Anfal:41)
What remains is four fifths of the war booty. Al-nafl is awarded to those deserving from this remainder. After the one fifth is set aside and al-nafl is awarded, the remainder of the war booty is divided amongst the soldiers. The foot soldier receives one share whilst the horseman receives three shares— one share for him and two shares for his horse.
“After the battle, a third of it can be given as reward”: The imam may choose to reward those who are deserving after the army returns from the battlefield. Al-nafl is awarded to those who displayed exemplary strength and bravery during the battle. They are given a third of the war booty. This is a more handsome reward as compared to that which is given before the battle begins as the return from the battlefield is more terrifying in comparison. The imam sets aside the one fifth before awarding al-nafl to the soldiers who are the most deserving.
It is incumbent upon the army to obey him and to be patient with him.
“It is incumbent upon the army to obey him”: This includes the imam and the commander-in-chief who was appointed by the imam, for he is the imam’s deputy. Therefore, they must obey him too. The Prophet(pbuh) said, “He who obeys the amir has indeed obeyed me and he who has disobeyed the amir has disobeyed me.” (Reported by al-Bukhari (4/60) and Muslim (6/13) from the narration oi Abu Hurairah.) Allah says: {O you who have believed, obey Allah and obey the Messenger and those in authority among you.} (Al-Nisa: 59)
“And to be patient with him”: The army must bear with the commander-in-chief while in the battlefield and bear with patience the difficulties that they face whilst engaged in battle. They surely will face difficulties in jihad—the journey, thirst, hunger, exhaustion and the fighting. The army must be patient with all these difficulties for these are the elements of jihad. Those engaging in jihad will face dangerous, tiring and difficult situations so they must endure all of it.
He who does not have patience will not be able to undertake jihad.
It is not permissible to wage war without his permission unless they are surprised by an attack from the enemy and they fear the worst.
“It is not permissible to wage war without his permission”: As was discussed earlier. Waging a war is the prerogative of the imam. Hence, Muslims should not start a war against the disbelievers without the permission of the imam. Doing so is tantamount to khuruj (treason) and causing him harm.
“Unless they are surprised by an attack from the enemy and they fear the worst”: Due to it being so sudden, they are unable to either seek advice or permission from the imam. If they delay fighting the enemy so that permission is sought, the enemy forces would overpower them. Hence, it is imperative that they engage the enemy in battle even if the imam had not permitted them to do so. In a situation where they are suddenly attacked by the enemy and the Muslims fear for their lives, they must defend themselves from the enemy’s harm. Permission from the imam is not sought for battle as this is a special case.
The war booty is taken possession of from the enemy lands.
That which the Muslims seize from the enemy is of two types:
First type: Transferable assets like dirhams, dinars, goods, horses, camels, goats and all other valuables that can be transferred that the Muslims possess when they wage war with the disbelievers.
Second type: Fixed assets like land, houses and farms.
The first type is known as al-ghanimah and the second type is known as al-fay’an. More will be discussed regarding this at a later point.
“The war booty is taken possession of from the enemy lands”: Al-ghanimah is that which the Muslims seize from the disbeliever’s wealth during a war or during a battle. Allah says: {And know that anything you obtain of war booty – then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller.} (Al-Anfal: 41) He also says: {So consume what you have taken of war booty [as being] lawful and good.} (Al-Anfal: 69) War booty is the purest of earnings as mentioned by Allah in the above ayah. This is because it came into possession by way of jihad in the way of Allah.
It is meant for the fighters who witnessed the battle.
“It is meant for the fighters who witnessed the battle”: The war booty is for those who witnessed the battle between the Muslims and the disbelievers regardless whether they engaged in combat or not. This is because they had supported those who engaged in combat. Those who did not witness the battle are not entitled to the ghanimah but can have a share of al-fay’an. We shall discuss this in detail soon.
The one fifth is set aside and the rest of the ghanimah is distributed: one share for the foot soldier and three shares for the horseman— a share for him and two shares for his horse. The scout party has a share in the army’s war booty and vice versa.
“The one fifth is set aside”: The first portion that the imam sets aside from the ghanimah is the one fifth. This is for Allah, His Messenger and those who Allah mentions alongside them. The share for Allah and His Messenger is for the sole benefit of the Muslims. It is known as “khumusa al-khumus”.
“And the rest of the ghanimah is distributed: one share for the foot soldier and three shares for the horseman— a share for him and two shares for his horse”: The remaining four fifths are to be divided amongst the soldiers. Each foot soldier receives one share whilst each horseman receives three shares; one share for him and two shares for his horse.
“The scout party has a share in the army’s war booty and vice versa”: The army comprises mostly soldiers. The scout party is a special platoon that carries out important tasks related to warfare. They are a unit of the army and the army backs them up. If the scout party gains ghanimah whilst the army does not, it is shared with the army as the army lends support to the special units whenever necessary. Inversely, if the army gains ghanimah in the absence of the special units, it is shared with the special units likewise as they are a division of the army.
The ghal who steals from the ghanimah will have his possessions burnt entirely except weapons, the Qur’an and any living things.
“The ghal who steals from the ghanimah ”. Al-ghal refers to a person who steals from the ghanimah before it is distributed. It is one of the gravest sins as Allah says: {It is not [attributable] to any prophet that he would act unfaithfully [in regard to war booty]. And whoever betrays, [taking unlawfully], will come with what he took on the Day of Resurrection. Then will every soul be [fully] compensated for what it earned, and they will not be wronged.} (Ali ‘Imran: 161)
The Prophet(pbuh) informed that he who steals anything from the ghanimah will come on the Day of Judgement with a sheep, a cow, a camel or another heavy thing on his neck (Reported by al-Bukhari (9/36,95) and Muslim (6/11,12) from the narration of Abu Humayd al-Sa’adi with the words, “By Allah, not anyone of you takes a thing unlawfully but he will meet Allah on the Day of Resurrection, carrying that thing. I do want any o f you to meet Allah carrying a vocal camel, cow or sheep…”) as a form of humiliation, “And whoever betrays, [taking unlawfully], will come with what he took on the Day of Resurrection.” It is an obligation to gather the ghanimah and nothing of it should be taken before the distribution takes place. He may only receive that which he is entitled to as prescribed by Allah.
Al-ghal also refers to officials who take money without permission from the authorities and to those who receive gifts in a professional capacity whilst collecting charity on behalf of the state. The Prophet(pbuh) said, “Gifts received by the officials are ghulul.” (Reported by Ahmad (5/424-425) and al-Bayhaqi in al-Sunan al-Kubra (10/138) from the narration of Abu Humayd al-Sa’adi.) Anything taken by the official from the state treasury without prior approval from the imam and which does not constitute part of his salary is considered as al-ghulul. May Allah protect us from it. This person shall come on the Day of Judgement carrying it on his back. When one misappropriates items or money from the ghanimah his misdeed is announced to everyone publicly.
“Will have his possessions burnt entirely”: This is the punishment meted out in terms of finance.
“Except weapons”: As the Muslims may need his weapon so that it can be used to fight the disbelievers in wartime. Destroying the weapon is a waste of resources.
“The Qur’an”: I.e. the mus-haf. If he is in possession of one, it must be removed from him and should not be burnt as it is the word of Allah.
“And any living things”: Sheep, birds or any other type of animal in his possession should not be burnt. The Prophet(pbuh) said, “None should torment with fire except the Lord of the fire.” (Reported by Ahmad (3/494) and Abu Dawud (2673) from the narration of Hamzah al-Aslami.) Anything which has a soul should not be burnt. It should be removed from the rest of his possessions while the rest is burnt in view of the whole army. This is done as a form of humiliation for this act and to announce to everyone his misdeed.
If the Muslim army captures a land in battle, the imam may choose to divide it or to set it aside as waqf for the Muslims. A land tax is imposed for perpetuity which shall be received by those maintaining the land. Setting the rate for the land tax (al-kharaj) and head tax (al-jizyah) is at the discretion of the imam.
“If the Muslim army captures a land in battle, the imam may choose to divide it or to set it aside as waqf for the Muslims. A land tax is imposed for perpetuity which shall be received by those maintaining the land”: This is the elaboration of al-fay’an and it is of two types:
First type: The land of the disbelievers that is possessed by the Muslims for example habitable and agricultural land or a country conquered by the Muslims through the use of force. That is, they occupied it by waging jihad. The imam has the option of classifying it as ghanimah and dividing it amongst those who seized it, or he may designate it as waqf (endowment) land for the Muslims. He will charge a tax on the land by leasing it out on a yearly basis. Those who are charged with the welfare of the Muslims shall receive the money. This property is known as taxable land. When ‘Umar conquered Sham, Egypt and Iraq, he rendered it as waqf and imposed tax upon these lands with the state treasury as the beneficiary. The state treasury used this wealth on the welfare of the Muslims.
Al-kharaj is the lease on land seized as ghanimah if it is designated by the imam as waqf. The lease shall be on a yearly basis. (See al-Mutla’ (p. 218).)
Jiziyah on the other hand is the head tax imposed on non-Muslims who live under the protection of the Muslim state (ahl al-dhimmati) from among the Majus (fire-worshippers), Christians and Jews. (See the earlier reference) This head tax is in lieu of the protection they receive and their residence in Muslim land even as they retain their faith.
“Setting the rate for the land tax (al-kharaj) and head tax (al-jizyah) is at the discretion of the imam”: This is because there is no evidence from the tradition of the Messenger of Allah(pbuh). Wherever there is no evidence found in Islamic legislation, the imam shall exercise his discretion (ijtihad).
He who is unable to tend his land should advertise that it is for lease or he should give it up. This land can be inherited.
“He who is unable to tend his land should advertise that it is for lease”: If he took a piece of land which has al-kharaj imposed upon it and he is unable to tend to his land but has been paying the land tax, he should advertise that it is for lease and give to someone who is able to tend to it. However, he may keep the lease for himself as he is one with the right to benefit from it, whilst ensuring the payment of the land tax due upon it.
“Or he should give it up”: As in returning it to the state by terminating his contract so that the lease may be awarded to others who are able to tend to the land. The land should not be held by those who cannot maintain it as this will be a wastage of resources and a loss to the Muslims.
“This land can be inherited”: Those who lease the land of al-kharaj should pay the lease diligently every year. In doing so, he may benefit from the land until the contract expires. If he dies before that, the land is inherited by his family members who replace him as the lessees. It becomes their responsibility to pay the lease as did the deceased.
Whatever wealth that is seized from the polytheist as jizyah or kharaj and ‘ushr, abandoned property, khumusu khumus of ghanimah. Fay an is to be spent on the welfare o f the Muslims.
Second type: Wealth from al-fay’an.
This is the wealth of the disbelievers that is seized during a war. (See al-Lisan (1/126).) Al-fay means return. It is so named because the wealth of the world in essence belongs to the Muslims as the world was created for them. The disbelievers only own it temporarily. If the Muslims wage war against the disbelievers and seize their wealth, then it has returned to its rightful owners.
From the types of wealth within the term al-fay’an are:
“Whatever wealth that is seized from the polytheist as jizyah”: As discussed earlier, jizyah is the wealth taken from the Majus, Jews and Christians in return for the protection given to their lives and property. They are also given the freedom to practice their own faiths and they are allowed to reside in the Muslim land which is under the governance of a Muslim ruler. Allah says: {Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture – [fight] until they give the jizyah willingly while they are humbled.} (Al-Tawbah: 29)
Though the ayah mentions only the people of the scriptures— that is the Christians and the Jews— the Majus (fire worshippers) also fall under this category. The Prophet(pbuh) said, “Follow the same Sunnah with them that you follow with the people of the Book.” (Reported by Malik in al-Muwatta (p. 187), al-Shafi ’i in Tartib al-Musnad (2/130), Ibn Abi Shaybah in al-Musannaf (2/4335), and al-Bayhaqi in al-Sunan (9/189) from the narration of Abdul Rahman ibn Awf.)
Jizyah is taken from the Majus as the Prophet(pbuh) ordered it. He(pbuh) took the jizyah from the Majus of Hajar (Reported by al-Bukhari (4/117), Ahmad (1/190), Abu Dawud (3043), al-Tirmidhi (1586) from the narration of Abdul Rahman ibn Awf.) (a village close to Madinah where some Majus lived). Jizyah was collected from them as they are similar to the people of the book in this regard. In fact, it has been recorded that a scripture was revealed to them and then removed. This is one type of fay’an.
“Kharaj’: This is the second type. It is the tax imposed upon the land as was discussed earlier.
“Ushr”: This is the third type. It is the tax imposed upon the disbelievers for doing business and trading in the Muslim country. A tenth is charged on the transactions.
“Abandoned property”: This is the fourth type. Property seized without a battle as the disbelievers abandoned it as they fled in fright when they heard of the impending war with Muslims. This is classified as al-fay’an and not ghanimah.
“Khumusu khumus of ghanimah ”: I.e. a fifth of the ghanimah. This is the fifth type. We have discussed this type earlier. Allah says regarding it: {And know that anything you obtain of war booty – then indeed, for Allah is one fifth of it and for the Messenger.} (Al-Anfal: 41) This should be portioned from the fay’an.“Fay’an is to be spent on the welfare of the Muslims”: All the various types of fay’an should be spent on the welfare of Muslims in general. Allah mentions fay’an saying: {And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller – so that it will not be a perpetual distribution among the rich from among you. And whatever the Messenger has given you – take; and what he has forbidden you – refrain from. And fear Allah; indeed, Allah is severe in penalty. For the poor emigrants who were expelled from their homes and their properties, seeking bounty from Allah and [His] approval and supporting Allah and His Messenger, [there is also a share]. Those are the truthful.} (Al-Hashr: 7-8) This ayah refers to the Muhajirun. Allah then says: {And [there is a share for] those who came after them, saying, “Our Lord, forgive us and our brothers who preceded us in faith and put not in our hearts [any] resentment toward those who have believed. Our Lord, indeed You are Kind and Merciful.”} (Al-Hashr: 10) This ayah refers to those who came after the Ansar and Muhajirun from the later generations. Fay’an— which Allah had made part of the state treasury—is to be distributed to these people. As for those who are dissatisfied with the Companions of the Prophet, curse and revile them, they do not deserve any part of fay an as Allah has designated it exclusively for those who came after those mentioned above who say: {“Our Lord, forgive us and our brothers who preceded us in faith and put not in our hearts [any] resentment toward those who have believed. Our Lord, indeed You are Kind and Merciful.”} (Al-Hashr: 10) Those who curse the Companions of the Prophet and berate them as disbelievers have no share in the fay’an.
By Shaykh Salih ibn Fawzan al-Fawzan
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