Chapter 51

Military affairs—their proper place is the reserve army, which comprises the remaining mujahideen. They are summoned to jihad—whether some of them or all—in times of need or necessity. ¶

We say: The elements of the standing army are chosen from among those obligated to perform jihad, selecting the most suitable for recruitment and military life. This means that all those obligated to perform jihad must undergo a period of education and training in military life and the use of various weapons—as much as possible—starting from the age of taklif (legal capacity), which is fifteen; for this is the age at which a Muslim becomes obligated to perform jihad. Since education and training in military life and the use of various weapons are among the prerequisites for performing jihad, this age of taklif is also when a Muslim is required to begin learning the affairs of combat and training in the use of weapons. ¶

At the end of the period set by the authorities for this education and training, the status of those who have completed it is reviewed: ¶

- Whoever desires to continue in the military service—either for their entire life or for a duration determined by the authorities—and possesses the zeal, talents, and aptitudes that indicate they will excel in this field, is to be integrated into the standing army. ¶

- Whoever does not possess these traits, and there is no benefit in including them in the standing army, is advised to pursue fields of life—whether scientific or practical—that are suitable for them. ¶

- As for those who do not wish to continue in the military service after completing their training, they are not to be coerced against their will, provided that the fard kifayah (collective obligation) is fulfilled by the existence of a standing army capable of carrying out the tasks entrusted to it at any given moment. However, the field remains open for those in authority to draft elements into this army from any sector, as the interest requires, in accordance with the obligation to obey the Imam in matters concerning the welfare of the Ummah, provided there is no sin involved (1). ¶

(1) Qurrat Uyun al-Akhbar: 1/47. ¶

This is what pertains to the individuals of the regular or core army in the Islamic State. As for the role these individuals perform, their role is to engage in Jihad. Jihad—as previously mentioned—is either defensive or offensive, aimed at having other countries implement the Islamic system and join the Islamic State whenever local and international circumstances permit, as detailed previously. ¶

In summary: The Islamic State must prepare a regular army that is in full readiness and preparedness to carry out the obligation of Jihad, for defense or for offense (ta'arrud) (1). As for the detailed procedures and measures to reach the preparation of such an army, they fall within the framework of the various organizations required for the formation and preparation of the army, and these are within the authority of those in power. ¶

This, and what we have touched upon here in this regard, are merely broad outlines to provide a general conception of the formation of the regular army in the Islamic State. With this, we conclude the first section, which is the 'Regular Army,' and move on to the second section, which is the 'Reserve Army.' (1) 'Ta'arrud' (offense/advancement): It is to head towards the adversary with the intention of meeting them, fighting them, and destroying them on the battlefields (Al-Harb: Colonel Muhammad Safa, p. 21). ¶

Second Topic: The Reserve Army ¶

We have learned previously that the regular army (al-jaysh al-nizami) is that army which is permanently under arms, because its members have devoted themselves to military service for life, or for a specified duration according to the regulations followed in this regard. ¶

As for those who are outside this regular army, comprising all other accountable Muslims who are obliged to perform jihad, and for whom it is permissible to participate in the works and services of jihad—they are the ones intended by the reserve army (al-jaysh al-ihtiyati). This force is summoned to combat when needed (1), or the door is opened for its members—whosoever among them wishes—to volunteer to participate in military operations against the enemy, the scale, limits, and objectives of which are determined by the relevant authorities. ¶

(1) When the entire reserve army is summoned to combat, this state is called 'general mobilization' (nafir 'amm), which is part of what is termed 'total war' (al-harb al-ijma'iyya) in the modern era. Major General Mahmoud Sheet Khattab says: "Total war, or aggressive war, or comprehensive war—these are military terms that point to a single military meaning: mobilizing all the material and moral energies of the nation, not for the regular army alone, but for the sake of the war effort..." [Jaysh al-Rasul: p. 61]. ¶

He then states: "... The rule of general mobilization in total war dictates mobilizing only ten percent of the population for war, as military service usually begins at the age of eighteen. Reserve service ends at the age of thirty-nine for men and thirty-four for women. However, Muslims in their total war were able to mobilize forty percent of their population, as military service began at the age of fifteen or sixteen and included everyone capable of jihad. It did not end at a specific age; a Muslim remained a mujahid as long as he was capable of carrying a weapon. Every Muslim capable of carrying a weapon is a soldier or a leader in the army of the Muslims" [Jaysh al-Rasul ﷺ: p. 84]. ¶

Having concluded our discussion regarding the regular army in accordance with the plan laid out in this treatise, we shall now proceed to discuss the reserve army. ¶

Here too, we shall not allow the reins of our research to pull us into the various tangents and details that this subject could potentially branch into. Rather, we shall adhere to those subsections previously determined in the plan of our treatise. Our focus will be centered on addressing the Shariah-based aspects of these branches—that is, studying the textual evidence (nusus) and related matters that assist in reaching Shariah rulings regarding the issues raised by these branches, concerning the subject at hand: the reserve army. This is done in adherence to the chapter we are still examining, titled 'Rulings on Jihad' (Ahkam al-Jihad). So, what are the Shariah rulings regarding those issues related to jihad that are raised by the branches of the 'Second Section' of the research on 'Human Resources of the Islamic Army'? This is the framework within which we operate as we address these branches. ¶

We begin with the first branch. ¶

First Branch: Popular Armament and its Limits. This subject is addressed through a quick and concise examination of the following points: 1. The first point: How was the arming of combatants conducted in the early Islamic period? 2. The second point: Is it permissible for the Ummah to form armed groups, unconnected to the state, for the purpose of engaging in jihad? 3. The third point: How are individuals of the Ummah armed today when they are called to combat? And what are the limits of this armament? ¶

1. The first point: How was the arming of combatants conducted in the early Islamic period? In the early Islamic period, the combatant was responsible for preparing himself with the equipment required for jihad. Among that equipment were the weapons used in that era, such as the sword, the spear, arrows, and the like. ¶

This is because the jihad that has been ordained upon the Muslims encompasses jihad with wealth alongside jihad with the self (nafs). Part of jihad with wealth is the requirement for the combatant, within the limits of his financial capacity, to prepare the equipment necessary for fighting, such as weapons and other supplies. ¶

Regarding the command for Muslims to engage in jihad with their wealth alongside the jihad with their self, numerous verses have been revealed, including the saying of the Almighty: "And strive with your wealth and your lives in the cause of Allah." Likewise, the Sunnah of the Prophet also emphasizes the importance of jihad with wealth. ¶

The Prophet (peace and blessings be upon him) said: "Strive against the polytheists with your wealth, your selves, and your tongues." ¶

Moreover, there may be among the Muslims those who are unable to secure for themselves the equipment necessary for combat. In such cases, the Prophet (peace and blessings be upon him) would urge the wealthy to assist those who were unable to provide for themselves, so that they could obtain the necessary weapons and other provisions to enable them to go out and fight the enemy. ¶

It is recorded in Sahih al-Bukhari: "The Messenger of Allah (peace and blessings be upon him) said: 'Whoever equips a warrior (ghazi) in the cause of Allah has indeed fought, and whoever looks after the family of a warrior in the cause of Allah with goodness has indeed fought.'" The narration of Muslim states: "And whoever acts as a good successor to him in his family has indeed fought." ¶

Ibn al-Athir states: "Al-Tajhiz (Equipping) means: bearing the burden and preparing what the warrior needs." ¶

Furthermore, when a combatant did not go out to fight himself, he would give his weapons to other combatants to assist them. It is recorded in the books of Sunnah under the heading 'Assisting the Mujahideen': "Jabala—meaning Ibn Harithah—narrated that whenever the Prophet (peace and blessings be upon him) did not go out on a military expedition, he would give his weapons to Ali or Usama." ¶

During the time of the Prophet (ﷺ), the state implemented policies and measures that enabled it to secure weapons in order to provide them to those who could not afford to arm themselves when called to combat. 'It is narrated from Umar (RA) that the wealth of Banu Nadir was part of what Allah bestowed upon His Messenger as fay’ (spoils obtained without conflict), for which the Muslims did not drive horses or camels. It belonged exclusively to the Prophet (ﷺ), who would set aside a year’s expenses from it, and use the remainder for horses and weapons as equipment for the sake of Allah' (1). It was also the practice of the wealthy in the early generations to provide weapons to the people so they could perform jihad with them. ¶

'Umar bin Mirdas narrated: I came to Sham and saw a man with thick lips—or he said, large lips and nose—with weapons before him. People asked him about it, and he said: O people! Take these weapons, keep them in good condition, and fight with them in the cause of Allah' (2). ¶

Once the Islamic state possessed an abundant stockpile of weapons, it began distributing them to every fighter who requested them. This is evidenced by the following report concerning the Ridda (apostasy) wars during the Caliphate of As-Siddiq (Abu Bakr, RA): ¶

'Hisham bin Urwah said: The people of apostasy would come to Abu Bakr and say: Give us weapons, and he would provide them with weapons, and they would fight him with them! Abbas bin Mirdas al-Sulami said: Do you take his weapons to fight him? In that, there is sin before God' (3). ¶

When Umar bin al-Khattab (RA) assumed the leadership of the Caliphate, he established the Diwans (administrative registers), fixed salaries, and in his fiscal policy, resolved to allocate an additional amount to the fighter specifically for the purpose of spending on weapons. ¶

'Ubaydah al-Salmani narrated: Umar (RA) asked me: How much is sufficient for a man from his salary? I replied: Such and such. He said: If I remain [alive], I will make a man's salary four thousand! One thousand for his weapons, and one thousand for his personal expenses.' ¶

And one thousand he keeps in his house, and one thousand for such-and-such, and such-and-such, I believe he said: for his horse. ¶

To summarize the point: the arming of fighters in the early period of Islam was primarily the responsibility of the fighter himself. If he was unable, arming was facilitated by urging those who were capable to assist others in this regard. It was also managed through the state's efforts to secure weaponry for everyone who requested it, through the measures and arrangements undertaken for this purpose. ¶

It should be noted here that this matter (arming fighters) falls under the various organizational requirements of an army. It has already been established regarding this that it is subject to circumstances and variables. The method by which fighters were armed in the early period was sufficient for the purpose, considering that era. However, the question that poses itself now, regarding the age in which we live, is what is presented in the second point of the section we are currently in... ¶

So, what is the question? ¶

2 - The second point: The essence of this question is: In light of what occurred in the early period—with fighters arming themselves and receiving aid from wealthy individuals to acquire weapons and necessary battle equipment—in light of this: ¶

Is it permissible in our era today for individuals to arm themselves? Or for groups to receive financial aid from the wealthy in the country to purchase weapons for their members, knowing that those groups are independent in their organization from the army organized by the state? ¶

The answer to this question is as follows: Individuals, in principle, are tasked with arming themselves—as previously mentioned—and it is permissible for them, ¶

Likewise, it is permissible for them to form armed groups from among themselves to go out to fight the enemy — provided it is with the state's permission. It is also permissible for them to receive financial aid offered by the wealthy to purchase weapons and cover all necessities required for fighting the enemy — this is the original ruling (al-asl). ¶

However, whoever holds legitimate authority (al-sulta al-shar'iyya) in the country also possesses Shar'i principles that enable them to impose a ban on any method or project-based organization whose consequences could expose the Ummah to dangers and harm. ¶

If the holder of legitimate authority determines that something, which is originally permissible, leads to any harm, they have the right to prevent that harm. In fact, it is their obligation to do so by forbidding individuals from arming themselves, prohibiting the formation of any armed group independent of the army's organization, and preventing the wealthy from providing any aid to individuals or groups in this regard. Whoever among these wealthy people wishes to seek closeness to Allah through spending in the path of Allah, let them offer what they wish to give to the State, and the State, in turn, will spend it for this purpose. This is to avoid opening the door to the existence of armed groups in the country, divided by various loyalties due to the multiplicity of entities providing them with financial support. There are dangers in this for the Ummah, the country, the authority, and the military forces that we are not currently discussing. ¶

Indeed, Islam has placed in the hands of the holder of authority several Shar'i principles to use in blocking any path from which the winds of danger blow. Among these principles are: 'Preventing harm takes precedence over bringing about benefits,' 'Harm shall be removed (in Shariah),' and 'It is established in Shariah to prevent harm by omitting a wajib (obligatory) act if that act is determined to be a means to causing harm.' ¶

It is reported in the era of the Rightly Guided Caliphate that certain groups of Muslim fighters were disarmed... ¶

Their weapons were confiscated due to the harm that would result from the presence of arms in their hands. The groups that were disarmed are: those tribes that returned to Islam after their apostasy during the era of Abu Bakr al-Siddiq, and the rebels who revolted against Ali ibn Abi Talib, specifically when one of them would be captured by the forces loyal to the Commander of the Faithful. ¶

This is corroborated by the following two reports: - The first report: Tariq ibn Shihab narrated that the delegation of Buzakha (from Asad and Ghatafan) came to Abu Bakr seeking peace. Abu Bakr gave them the choice between a 'harb mujliya' (a war that forces one to abandon their home) or a 'silm mukhziya' (an ignominious peace). They asked, 'We know what the war is, but what is the ignominious peace?' Abu Bakr replied: 'You shall surrender your armor (al-halqa) and horses (al-kura'); you shall remain as people following the tails of camels until Allah shows the Caliph of His Prophet and the Muslims a matter through which they might excuse you; you shall pay blood money (diya) for our slain, but we shall not pay for yours—our slain are in Paradise and yours are in Hell; you shall return what you took from us, and we shall keep what we took from you as spoils.' Then Umar stood up and said: 'You have formed a sound opinion, and we shall support you in it...' ¶

As for them paying blood money (diyah) for our killed—certainly not! Our killed were slain by the command of Allah, therefore there is no blood money for them. People continued to follow this practice. ¶

As for the other report: It is narrated from Abu Ja'far who said: When a prisoner was brought to Ali (RA) on the day of Siffin, he would take his mount, take his weapons, exact a promise from him not to return, and set him free. ¶

This is what is said regarding the second point of our discussion. The third point: How is the arming of the individuals of the Ummah conducted today when they are called to combat? And what are the limits of this arming? The answer: If the authorities decide to prohibit the possession of weapons by civilians tasked with Jihad during normal circumstances—in accordance with public interest—and then a need arises for them to carry arms and be mobilized for combat, then in such a case, it is the state that distributes the weapons to them, within the limits necessitated by the nature of the tasks assigned to them. Similarly, weapons are returned to the authorities when the war comes to an end, in accordance with the instructions issued in this regard. With this, we conclude the first section (branch) and move to the second section of the topic we are addressing. ¶

Second Section: Volunteer men in the army and their role in it. By 'men' we mean males who have completed fifteen years of age, regardless of how much older they may be, as long as they are capable of Jihad. By 'volunteers' we mean the members of the reserve army. This is because the conscripted combatants, who remained constantly under arms in the regular army, were historically referred to as 'Ashab al-Diwan' (the registered personnel). ¶

Islamic [thought]. As for those outside the regular army who go out for combat, they were called (al-mutatawwi'a) i.e., volunteers. An indication of this is found in 'Musannaf Abd al-Razzaq' in what it narrates from (al-Sha'bi) that he was asked: 'Regarding the military expedition (al-ghazw), and whether the (ashab al-diwan) are superior, or the volunteer (al-mutatawwi')? He said: Rather, the ashab al-diwan. The volunteer may return whenever he wishes'(1). ¶

It is clear from this narration that the ashab al-diwan are members of the regular army registered in the 'diwan' (military register). That is: (the diwan of soldiers, or the combatants) who are under arms and under command, and have no choice in fighting or refraining from it. ¶

As for the volunteers, they are those outside the ashab al-diwan. That is, they are outside the regular army—therefore, they have the option to fight or refrain from it, as the narration implies. This is because they do not receive the 'arzaq' (salaries) that are given to combatants in exchange for their devotion to military life. ¶

I say: What is mentioned here, that the volunteer may return whenever he wishes, is a correct statement, but in situations where fighting is not an 'individual obligation' (fard 'ayn) upon him... and we have mentioned those situations in a previous discussion. However, when Jihad becomes an 'individual obligation' (fard 'ayn) upon him, he has no choice to return from the fighting whenever he wishes, even if his name is in the (register of volunteers) or in the reserve army records. ¶

Furthermore, what is the role performed by the volunteer men in the reserve army? This role is to carry out what each of them is tasked with by the entity to which they are assigned, whether it be fighting, reconnaissance, guarding, performing necessary services for the combatants, or anything similar to that. ¶

Those responsible for the units of the reserve army must take into account what each individual among them is suited for, and place him in the position where he provides the best of what he possesses in terms of experience and energy, so that he may have an effective role in achieving victory and winning the battles. ¶

In this regard, two reports mentioned in Tafsir al-Qurtubi are useful. ¶

(1) Musannaf Abd al-Razzaq: Hadith number (9612), Vol. 5 / 279-280. It seems that the style contains an ellipsis (al-hazf). The estimated meaning is: 'He was asked about the expedition, and whether the expedition of the ashab al-diwan was better, or the expedition of the volunteer?' ¶

First report: Al-Zuhri said: Sa'id ibn al-Musayyib set out for jihad, despite having lost one of his eyes. He was told: 'You are ailing!' He replied: 'Allah has called upon both the light and the heavy [to march forth for jihad]. Even if I am unable to fight, I will increase the number of the ranks and guard the supplies.' ¶

Second report: Ibn Umm Maktum (may Allah be pleased with him)—whose name was Abdullah—said on the day of Uhud: 'I am a blind man, so hand the standard (liwa) over to me; for if the standard-bearer flees, the army flees, and I do not know who might strike me with his sword, so I will not move from my spot!' Thus, the standard was taken that day by (Mus'ab ibn Umayr...). ¶

Having said this, we must not understand from the two aforementioned reports that the Islamic army was a haven for those unfit for jihad. We must not understand this, for there is no room in combat against enemies to satisfy people's longing for jihad at the expense of the army's efficiency! In the previous report, Sa'id ibn al-Musayyib defined for himself a role in which he would be beneficial without becoming a burden on the fighters, even though he had a valid excuse. ¶

Likewise, the noble companion 'Ibn Umm Maktum,' in his reasoning for the task he proposed to be assigned to him in the army, indicated that he might be more suitable than others to perform it. However, the leadership at the time, seeing otherwise, did not respond to his request; rather, they assigned that task to the person they deemed more capable of performing it than him. ¶

From this, it has been established that a coward should not engage in jihad, and one who lacks the necessary equipment for battle should not go out with the fighters, with the intention of preserving the combat efficiency of the army from anything that might impair it. ¶

It is stated in 'Sunan Sa'id ibn Mansur': 'From Aisha, she said: If any of you fears cowardice within himself, he should not go out for jihad.' ¶

And it is also stated therein: 'From Mujahid, who said: The Messenger of Allah (peace be upon him) said when he set out for Tabuk: No one shall go out with us except one who has the means.' ¶

[- meaning: the one whose mount is strong -] Then a man went out on a difficult camel of his [- meaning: a camel that is hard to manage -] and it threw him, causing his death [- meaning: it threw him off and broke his neck -]. The people said, 'A martyr! A martyr!' So the Messenger of Allah ﷺ ordered Bilal to announce: 'Beware! No one shall enter Paradise except a believing soul, and no sinner shall enter it!' Mujahid said, 'I have not heard a hadith from the Messenger of Allah ﷺ more severe than this!' (1). ¶

With this, we conclude the discussion on this section through these two reports to proceed to a new section. ¶

Third Section: The Ruling on Women Participating in the Army and Their Role Within It. We will address this topic with a quick examination of the following points: 1. First Point: Did Muslim women, during the Prophetic era and that of the Rightly-Guided Caliphs, go out with the army heading to battle? And what was their role in this army? 2. Second Point: What have the jurists (fuqaha) said regarding the ruling of a woman carrying weapons and engaging directly in combat? 3. Third Point: Does a woman have a place in the regular army? Or is her place in the reserve army, should the need arise? And what is the natural role she performs in the army? ¶

1. First Point: Did Muslim women, during the Prophetic era and that of the Rightly-Guided Caliphs, go out with the army heading to battle? And what was their role in this army? The answer to this question is known through the reports that have been transmitted in this regard, and these are some of those reports: - In Sahih al-Bukhari: 'On the authority of al-Rubayyi' bint Mu'awwidh (may Allah be pleased with her): We used to go on military expeditions with the Messenger of Allah ﷺ to provide water to the people, serve them, and transport the killed and the wounded back to Medina' (2). - It is stated in 'Fath al-Bari' as a commentary on this hadith: 'It contains the permissibility of an unrelated woman treating an unrelated man in cases of necessity' (1). ¶

It is also narrated in Sahih al-Bukhari: 'Tha'labah ibn Malik said: Umar ibn al-Khattab distributed some garments (murut) among the women of Madinah, and one fine garment remained. Some of those present with him said: O Commander of the Faithful! Give this to the daughter of the Messenger of Allah ﷺ who is with you—meaning Umm Kulthum bint Ali. Umar replied: Umm Sulait is more deserving. Umm Sulait was one of the women of the Ansar who pledged allegiance to the Messenger of Allah ﷺ. Umar said: For she used to carry water skins for us on the day of Uhud.' ¶

In Fath al-Bari, regarding the biographical note on Umm Sulait, it is stated: 'Ibn Sa'd mentioned her in Tabaqat al-Nisa'... and he mentioned that she witnessed Khaybar and Hunayn, but he neglected her presence at Uhud, which is established by this Hadith.' Then the author of Fath al-Bari digressed to discuss Umm 'Amarah al-Ansariyyah, one of the women who attended the Battle of Uhud, quoting from Ibn Sa'd that Umar ibn al-Khattab said regarding her: 'I heard the Messenger of Allah ﷺ say: I did not look to the right or to the left on the day of Uhud, but I saw her fighting in my defense.' ¶

It is also narrated in Sahih al-Bukhari: 'From Anas (may Allah be pleased with him), who said: On the day of Uhud, the people retreated from the Prophet ﷺ, and I saw Aisha bint Abi Bakr and Umm Sulaym, with their garments tucked up; I could see the anklets on their legs as they were rushing with the water skins—and another narrator said: They were carrying the water skins on their backs, then pouring them into the mouths of the people, then returning to fill them, and then coming back and pouring them into the mouths of the people.' ¶

In Al-Nawawi’s Commentary on Sahih Muslim, commenting on this hadith, it states: 'This sighting of the khadamat [- meaning the anklets on the legs -] contained no prohibition; because this was on the day of (Uhud) before women were ordered to observe hijab and the prohibition of looking at them, and because it was not mentioned here that he intentionally looked at the leg itself, thus it is interpreted as an incidental glance without intent, and he did not continue looking.'(1) ¶

- It is also stated in Sahih al-Bukhari: 'From Aisha, she said: When the Prophet (ﷺ) intended to travel, he would cast lots among his wives, and whichever of them was selected, he would take her with him. He cast lots among us during a battle he went on, and my name was drawn, so I went out with the Prophet (ﷺ) after the hijab had been revealed.'(2) ¶

- In Sahih Muslim, under the chapter heading: (Chapter: Women's participation in battle with men): 'From Anas, that Umm Sulaym took a dagger on the day of (Hunayn), and it was with her! Abu Talha saw her and said: O Messenger of Allah! This is Umm Sulaym, she has a dagger with her! The Messenger of Allah (ﷺ) said to her: What is this dagger? She said: I took it so that if any of the polytheists comes near me, I will disembowel him. The Messenger of Allah (ﷺ) began to laugh...'(3) ¶

Also in Sahih Muslim: 'From Anas bin Malik, he said: The Messenger of Allah (ﷺ) used to go on military expeditions with Umm Sulaym and women from the Ansar, who would accompany him to provide water and treat the wounded.'(4) ¶

It is stated in Sharh al-Nawawi 'ala Sahih Muslim: 'It contains the permissibility of women going out for military campaigns (ghazw) and utilizing them for providing water, treating wounds, and the like. This medical treatment is intended for their mahrams and husbands. As for what is done for others, it must not involve touching the skin except where necessary.'(1) ¶

- It is narrated in Musannaf Ibn Abi Shaybah: 'Umm Atiyyah al-Ansariyyah said: I went on seven expeditions with the Messenger of Allah ﷺ, I would look after their belongings, prepare their food, treat the wounded, and care for the sick.'(2) - It also states: 'From Abdullah (i.e., Ibn Mas'ud), he said: The women used to tend to the wounded on the day of Uhud.'(3) ¶

- In al-Tabarani it is recorded: 'Anas bin Malik said: Umm Sulaym said: O Messenger of Allah! May I go out with you for the expedition? He said: O Umm Sulaym! Jihad has not been made obligatory upon women! She said: I will treat the wounded, care for the eyes, and provide water. He said: Then, that is fine.'(4) ¶

- In Sunan Sa'id bin Mansur: 'Asma bint Yazid al-Ansariyyah participated in (the Battle of) Yarmouk with the people, and she killed seven Romans with the pole of her tent.'(5) ¶

- In the same Sunan: 'From Abdullah bin Qurt al-Azdi who said: I fought the Romans with Khalid bin Walid, and I saw the wives of Khalid bin Walid and the wives of his companions with their garments tucked up, carrying water for the Muhajirun and reciting rajaz poetry!'(6) ¶

- In Musannaf Abd al-Razzaq: 'From Ibrahim (i.e., al-Nakha'i), when he was asked about the jihad of women...' ¶

He said: 'They used to be present with the Messenger of Allah (ﷺ), tending to the wounded and providing water to the fighters. I have not heard of any woman who was killed alongside him.' However, the women of Quraysh fought on the day of Yarmouk when the Byzantine (Roman) forces overwhelmed them and penetrated the Muslim camp. On that day, the women fought with swords during the caliphate of Umar (may Allah be pleased with him). ¶

I (the author) say: From the aforementioned narrations, we derive the following facts regarding women accompanying men to the battlefield: ¶

1. The number of women in the army was very small, to the extent that their departure with the fighters was sometimes unknown to some Muslims, necessitating proof of that participation... This is the impression a reader gets from the previous texts. This is manifested even more clearly in the correspondence between Najdah al-Haruri and Ibn Abbas regarding this issue. As recorded in Sahih Muslim regarding that correspondence: 'Najdah wrote to Ibn Abbas asking him: ... To proceed, inform me: Did the Messenger of Allah (ﷺ) take women along on expeditions? ... Ibn Abbas wrote back: You have written asking me if the Messenger of Allah (ﷺ) used to take women on expeditions. He indeed used to take them so that they could treat the wounded...' ¶

2. The departure of women to the battlefield was not based on it being an obligation incumbent upon them as it was for men; rather, it was voluntary. This is evident from the Prophet’s (ﷺ) statement to Umm Sulaym when she asked his permission to accompany him on an expedition: 'O Umm Sulaym! Jihad has not been made an obligation upon women...' ¶

3. The primary role that women performed in the army was serving the fighters: safeguarding supplies, preparing food, providing water, rendering first aid to the wounded, treating the sick, and transporting bodies from the combat zone... and other such tasks, as is clear from the aforementioned narrations. ¶

4. A woman carrying a weapon and engaging in combat occurred effectively when fighting became an individual obligation (fard 'ayn) upon them—specifically for self-defense, as in the women’s fighting with swords on the day of Yarmouk when the Byzantines attacked them, or for the defense of the Prophet (ﷺ)... this is because the defense of the Prophet (ﷺ) takes precedence. ¶

Based on self-defense, acting in accordance with the general implication of the Almighty's saying: 'The Prophet is more worthy of the believers than their own selves' (Surah Al-Ahzab: 6). This was manifested in the report of 'Umm Amara al-Ansariya' defending the Prophet (peace be upon him) on the day of Uhud. Similarly, the Hadith in (Sahih) Muslim regarding Umm Sulaym carrying a dagger on the day of Hunayn indicates that a woman may defend herself if she is subjected to an attack by the enemy. ¶

Furthermore, the report of women finishing off the wounded polytheists at Uhud indicates that they carried weapons and engaged in killing effectively. ¶

5 - Among the facts demonstrated by the aforementioned reports is that there is no relationship between the Islamic ruling on hijab for women and her going out with the army for service or combat. That is, the ruling of hijab does not contradict the legitimacy of such departure. This is evidenced by the fact that women continued to go out for jihad after the ruling of hijab was revealed. The Battle of Hunayn, which Umm Sulaym attended while carrying her dagger—as recorded in Sahih Muslim—took place after the revelation of the Shariah ruling on hijab; for the ruling of hijab was mentioned in (Surah An-Nur), which was revealed after the (Battle of Al-Muraysi' = Al-Mustaliq) in the fifth year of Hijra, while the Battle of Hunayn occurred shortly after the conquest of Mecca in the eighth year of Hijra. ¶

Having said this, this is what relates to the first point concerning the departure of Muslim women during the Prophetic era and that of the Rightly Guided Caliphs with the army heading to combat... Now we come to the second point. ¶

2 - The second point: What did the jurists say regarding the ruling of a woman carrying a weapon and engaging in direct combat against enemies? ¶

The answer is that there are three issues here: - The first issue: Jihad as a fard kifaya (collective obligation) - does it include women? Or is it exclusive only to men? - The second issue: Does jihad become a fard 'ayn (individual obligation) for a woman? And when? - The third issue: If jihad is neither a fard 'ayn nor a fard kifaya for a woman... ¶

Is it permissible for her to bear arms and fight the enemies? ¶

A - Answer to the first issue: Does Jihad in its capacity as a Fard Kifayah (communal obligation) include women? The texts of the jurists—despite the differences in their schools of thought—indicate that Fard Kifayah Jihad does not include women; rather, it is specific to men only. ¶

- In the Hanafi school of jurisprudence, in 'Al-Siyar al-Kabir', the text states: “However, if the mobilization is not general, it is not appropriate for women to engage in combat... He then said: I do not like for them to engage in combat directly, because there is sufficiency in men to perform combat instead of women, so they should not occupy themselves with that without necessity.”(1) ¶

In 'Ad-Durr', under the ruling of Jihad, it states: “It is, initially, a Fard Kifayah; if some fulfill it, it is dropped for all, otherwise they are sinful; it is not (an obligation) upon a child, a slave, or a woman...”(2) ¶

Moreover, in the marginalia (Hashiya), there is a rebuttal to the opinion that suggests women are included under the obligation of Fard Kifayah Jihad if the husband permits it or if she is not married. This was based on the premise that the only obstacle to imposing this obligation upon her is the right of the husband—thus, if he is not present or grants permission, the obligation would apply. However, after refuting this opinion, the text in the Hashiya states: “It is not obligatory upon her at all, unless the enemy attacks.”(3) ¶

- In the Maliki school of jurisprudence: It states in 'Qawanin al-Ahkam al-Shar'iyya', under the conditions of the obligation of Jihad: “There are six conditions for its obligation: Islam, puberty, sanity, freedom, being male, and physical and financial ability. However, if the enemy attacks the Muslims, it becomes obligatory upon the slave and the woman.”(4) ¶

It is clear from this text that Jihad, in conditions other than sudden attack—that is, when the enemy has not attacked the Muslims—is a Fard Kifayah, and one of the conditions for its obligation is being male. Thus, a woman is not (under this obligation). ¶

In this state, she is not subject to taklif (legal obligation). However, in the event of a sudden attack (sadm), or a situation where a specific order is issued requiring her to participate in combat—as will be discussed later—then jihad becomes fard ayn (an individual obligation) for her. ¶

- In Shafi'i fiqh: In 'Al-Minhaj' and its commentary 'Mughni al-Muhtaj', while discussing jihad during a time when the disbelievers are in their own lands (not when they are attacking Muslims)—that is, when jihad is fard kifaya (a collective obligation) and not fard ayn—it is stated: "Jihad is not obligatory upon a child, a mentally ill person, a woman, or a sick person..."(1). - In Hanbali fiqh: The text of 'Al-Muqni' states regarding the ruling on jihad: "It is not obligatory except upon one who is male, free, mukallaf (legally competent), and capable..."(2). Thus, women are excluded from the obligation of jihad. ¶

This is what the jurists, across their various schools of thought, have stated regarding women not being subject to the obligation of jihad when it is a fard kifaya. I say: It appears that this ruling is not legally conditioned (mu'allal) upon the woman being too weak to carry weapons or engage in combat, such that if she were capable, the command would become binding upon her as it is upon men. Furthermore, her exemption from the obligation of jihad as a fard kifaya is not legally conditioned either by her weakness or by the consideration of her husband's rights. Even though, in general, it is not the nature of women to engage in military conflicts and bloody wars. This—that is, the lack of these specific reasons—is evident from the Prophet’s ﷺ words to Umm Sulaym, as mentioned earlier: "O Umm Sulaym! Jihad has not been prescribed for women." This indicates that the Almighty’s statement: "Fighting has been prescribed for you" (Surah Al-Baqarah, 216) is specific to men only. ¶