Chapter 54

Included in this category of ways to acquire weaponry for the Islamic army is the 'fida' (ransom) which was imposed on some of the captives held by the Muslims, whenever such ransom took the form of weapons. It is stated in 'Al-Tarateeb al-Idariyya': 'In Tabaqat ibn Sa'd: When Nawfal ibn al-Harith was captured at Badr, the Prophet (peace be upon him) said to him: Ransom yourself with your spears that are in Jeddah. He replied: I bear witness that you are the Messenger of Allah, and he ransomed himself with them. They were one thousand spears.' ¶

- Among the methods of obtaining weaponry for the Islamic army is to enter into contracts with parties who possess weapons to provide the necessary items when needed. ¶

- This contractual agreement may not be binding on the weapon-owning party, nor does it imply relinquishing their ownership when they provide it. ¶

It is stated in the Seerah of Hisham, in the context of preparations for the Battle of Hunayn: 'When the Messenger of Allah (peace be upon him) resolved to march towards Hawazin to meet them, it was mentioned to him that Safwan ibn Umayyah possessed coats of mail and weapons. He sent to him, and he was a polytheist at that time. He said: O Abu Umayyah! Lend us this weaponry of yours, so that we may encounter our enemy with it tomorrow. Safwan asked: Is it by force, O Muhammad? He replied: No, rather it is a guaranteed loan until we return it to you. He said: There is no harm in that, and he gave him one hundred coats of mail along with the necessary weaponry for them.' ¶

- Furthermore, the borrowing of weapons from their owner may be made binding upon the lender based on a prior contractual agreement. Of this type is the document written by the Prophet (peace be upon him) for the people of Najran when he concluded a peace treaty with them and imposed the jizya upon them. The document states: 'In the name of Allah, the Most Gracious, the Most Merciful. This is what Muhammad the Prophet, the Messenger of Allah, has written for Najran... and upon the people of Najran is the hospitality (maqra) of my envoys for twenty nights or less, and upon them is the loaning of thirty horses, thirty camels, and thirty coats of mail, if...' ¶

In Yemen, if there is a deception, it is with excuse. And whatever they lend to my messengers, my messengers shall be guarantors for it until they return it to them...' This refers to the acquisition of weaponry through lending, whether mandatory or voluntary. 4 - Among the methods of acquiring weaponry for the Islamic army is 'military manufacturing' (industrial production). An example of this occurred during the siege the Prophet (PBUH) laid upon the city of Ta'if after the polytheists defeated at the Battle of Hunayn took refuge there. That city was highly fortified and possessed sufficient provisions for a long period, to the extent that one of its leaders, 'Abd Yalayl, declared when Khalid ibn al-Walid called them to descend from their fortress for a duel: 'None of us will descend to you; rather, we will remain in our fortress, for it contains enough food to suffice us for years. If you stay until this food is gone, we will all emerge against you with our swords until you are finished to the last man...' Consequently, the Prophet (PBUH) installed a mangonel (siege engine) against Ta'if. Ibn Hisham states: 'The Messenger of Allah (PBUH) pelted them with the mangonel. A trustworthy person narrated to me that the Messenger of Allah (PBUH) was the first in Islam to use the mangonel; he used it against the people of Ta'if.' But how did the Prophet (PBUH) obtain this war machine during the siege of Ta'if? It is mentioned in the Sirah: 'Salman al-Farsi (may Allah be pleased with him) guided him to it. He said: We used to set up mangonels against fortresses in the land of Persia, and we would strike our enemies... It is also said that Salman (may Allah be pleased with him) built it with his own hands.' ¶

During the siege of Ta'if, in addition to the Muslims constructing the manjaniq (catapult), they also produced another weapon known as the 'hasak' (caltrop). This is a defensive weapon fashioned in the likeness of the hasak fruit (1), made of iron, reeds, or wooden sticks, featuring spike-like ends. This weapon is scattered on the ground around the enemy's camp or along their path to tighten the siege on the besieged, or to obstruct the progress of hostile forces. The spikes of this weapon pierce the feet of infantry or horses, thereby impeding the advance of those forces. This defensive weapon is also suitable for being scattered around the Muslim camp to prevent the enemy from infiltrating the camp by surprise. ¶

I say: The Islamic army manufactured this weapon and scattered it around the fortress of Ta'if during the siege to prevent any infiltration by the enemy, as mentioned by Ibn Sa'd in his Al-Tabaqat (2). ¶

With this, we conclude the first point of this topic, which was the methods of acquiring weaponry for the Islamic army during the Prophetic era. Now, we proceed to the second point. ¶

B - The second point: What is incumbent upon Muslims in the modern era regarding the acquisition of weaponry? ¶

- In the modern era, there are industrially advanced nations that rely on themselves for the provision of their military equipment through self-production, mostly and essentially, if not entirely. These nations may also acquire some of their military equipment through purchase or through joint production with other nations for specific types of such equipment (3). ¶

- On the other hand, there are industrially underdeveloped nations that rely on purchasing from the foreign market to provide their military equipment (4). ¶

There are countries in the so-called Third World that are attempting to move along the path of manufacturing some of their military equipment. They purchase from developed nations some factories that produce war materiel, or they enter as partners in their ownership, and transfer them to their own countries. They contract with experts, employees, and technical workers... then those factories begin production. Often, this production is only for specific parts of a war machine, not all of its components. In any case, the foreign countries that sold those factories, or those that remained partners in them, remain the ones dominating the manufacturing process, overseeing the maintenance of those factories, supplying them with spare parts, and so on. ¶

I say: In light of these numerous methods by which countries arm their armies in the modern era, what are the paths that Muslims must now follow in order to obtain weapons? The answer: Although the methods by which the Islamic army obtained the necessary war materiel during the Prophetic era were numerous—as we saw in the first point—and although the methods by which today's states obtain the weapons they need are numerous, the modern era in which we live has compelled Muslims to rely primarily on local industry for their armaments. This means producing machines that are, in turn—including their spare parts—made by Islamic countries, rather than machines imported from foreign markets. This is because relying on other methods of armament, such as purchasing, for example—in light of the current international relations between the strong and the weak—has become a means for strong states to dominate others, cement their dependence on them, and control their resources, as well as their foreign and domestic policies. Whether the path to this control is through the conditions of sale, the need for experts, spare parts, or continuous improvements to devices and equipment, etc., this occurs when those strong nations dictate their will to the buyers in exchange for meeting those needs. Not to mention the embargo on arms sales, or the prohibition on continuing to supply them despite the existence of a sales contract: such an embargo is imposed by the weapon-producing state or international organizations for any reason whatsoever. ¶

At a time when the state that has purchased the weapons, or wishes to purchase them, is in dire need of them. What is said about purchasing weapons also applies to the participation of the weak with the strong in the production of weapons, which, in the end, keeps the hegemony over this production in the hands of the strong. ¶

Hence, it has become a duty for Muslims that their primary reliance for armament should be on local industry, leading to self-sufficiency in this field, in such a way that no path is left for foreigners to exert hegemony or influence over this industry. This is to be achieved by pursuing an industrial policy that guarantees the Muslims' liberation from the control of states that covet them. ¶

In this regard, lawyer 'Abd al-Rahman al-Maliki', in his book 'The Optimal Economic Policy', explains the path toward this liberation in industrial policy in general—under which war industry, as an 'industry', naturally falls. Al-Maliki says in this context: ¶

'Industrial policy is based on making the country an industrial one, and there is only one path to this: first, establishing the machine-making industry, from which all other industries are created. That is, by establishing factories that produce machinery—such as motors and the like—and once machines are available from local production, these machines are taken to build the rest of the factories. As for the claim that establishing the machine-making industry requires a long time and that we must start with the industry of basic necessities, this is nonsense and a plot intended to hinder the machine-making industry and divert the country toward consumer industries so that it remains a market for the factories of Europe and America. However, reality refutes this claim. When Tsarist Russia emerged from the First World War, it was dependent on Europe, and it had not yet developed a machine-making industry. It is said that when Lenin was asked to improve agricultural production by bringing in tractors for modern farming, he replied: We will not use tractors until we produce them ourselves; and at that time we will use them. In a relatively short time, the machine-making industry was established in Russia. ¶

And the statement: that the machine-making industry requires the creation of an industrial environment consisting of engineers and workers.' ¶

Technical [arguments], and similar claims, are statements intended for obfuscation and deception. The countries of Eastern and Western Europe possess a surplus of engineers and technical workers, so hundreds of them can be brought in immediately to begin work. At the same time, hundreds, or even thousands, of our youth can be sent to learn heavy engineering and steel manufacturing; this is easy, accessible, and within reach. The author then lists the reasons calling for haste in establishing a machine-manufacturing industry in Islamic countries, stating: 'Many of our factories suffer damage when a machine, or a part of it, breaks, forcing us to import replacements from abroad, or the entire machine breaks down, which costs us exorbitant expenses. Therefore, to save these costs, we must establish a machine-manufacturing industry. For instance, buying factories and machines from abroad costs us dearly, as they are sold to us at high prices. However, if we were to create our own machine factories—and oil is readily available in our countries—we would obtain factories and machines much more cheaply than by purchasing them from Europe and America.' The author continues: 'We do not mean to say that the Industrial Revolution in Europe only occurred when machine manufacturing was established there, nor do we mean to say that America—which was a colony for several nations—only progressed materially when it underwent the Industrial Revolution through machine manufacturing. We do not wish to say this, even though these are tangible examples and definitive, indisputable proofs. Rather, we mean that the reality lived by these countries necessitates an immediate industrial revolution. Separation from the West cannot be achieved, nor can one feel secure in it, unless independence from the West is attained. As long as we remain in need of importing machines and factories from them, the West will retain opportunities to re-tie us to them, or even restore its influence and hegemony. Therefore, initiating an industrial revolution is an imperative. This means taking the initiative to establish a machine-manufacturing industry immediately and without gradualism, but rather in a revolutionary manner, so that the endeavor becomes a true industrial revolution.' (1) ¶

This is a summary of what the author, 'Abd al-Rahman al-Maliki, stated regarding the industrial policy that allows Islamic countries to walk the path of true liberation from greedy nations, and consequently, to proceed on the path of industrial progress until they stand in the ranks of industrial nations. Accordingly, a military industry independent of Western hegemony, which is a type of industry... ¶

In general, this cannot be achieved except by starting with the manufacture of the machinery and devices that comprise military factories; then, these factories begin to produce the required military equipment. Pursuing this industrial policy is not only necessitated by the need for independence from the West and liberation from its colonialism and hegemony, but it is also a religious obligation for which there are shariah-based evidences. ¶

Among these evidences is that Allah (SWT) has obligated us—the Muslims—to prepare as much power as we can against our enemies, such that they develop fear and awe of Islamic power. This is based on the verse: 'And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy.' It is natural that the enemy from whom we purchase weapons to fight him, or to fight his proxies, will not fear a war machine he sold to us, for he determined the lifespan and capacity of every part within it, holds the spare parts for those components, and knows its secrets better than we do. Naturally, this enemy will not be terrified by his own war machine, especially if he keeps the counter-weapon to the one we purchased. ¶

Therefore, to carry out what Allah has commanded us regarding the preparation of power in a manner that terrifies the enemy, we are obligated to follow a path where we dispense with relying on that enemy in matters of armament. ¶

Furthermore, we must pursue an industrial policy that enables us to build factories which, in turn, produce the machinery necessary to build military factories, and then these factories begin to produce the required weaponry. This is mandatory because it is the only path that leads to preventing the disbelievers from having any way to dominate or pressure the Islamic will. Allah has negated such a way for the disbelievers over the believers, which indicates the prohibition of any policy that exposes Muslims to what Allah has negated for them, as stated in the verse: 'And never will Allah give the disbelievers a way [to overcome] the believers.' ¶

Since relying on colonial or covetous powers for armaments in our current era leads to what Allah has forbidden, that which leads to the haram (forbidden) is itself haram. Therefore, Muslims must avoid falling into this prohibition by adopting an industrial policy—specifically war industry—that removes any path for the colonialist disbeliever to have power over Muslims. ¶

In summary: Perpetual reliance on purchasing weapons from colonialists and covetous entities in our time is a means to falling into the forbidden; thus, such reliance is haram. Achieving liberation from the hegemony of these powers, and indeed instilling awe in all disbelievers, is a mandatory duty (wajib). Consequently, the means to this obligation is also an obligation under Shariah. That means is self-reliance in military manufacturing. Imam al-Qarafi, in establishing the legal principle in this regard, states: ¶

'Just as the means to the forbidden is forbidden, the means to the obligatory is obligatory.' (1) ¶

Sheikh Jamal al-Din al-Qasimi clarifies the Shariah ruling on establishing factories for weapons and ammunition while interpreting the Almighty’s saying: 'And prepare against them whatever you are able of power' (2). He says: '...As for today, Muslims have abandoned acting upon this noble verse... and have neglected a Fard Kifayah (communal obligation), leaving the entire Ummah sinful for its abandonment. This is why it suffers today from the occupation of its lands. How can the enemy not covet Islamic kingdoms where no factories for weapons or war munitions are seen, as everything is purchased from the enemy's lands? Is it not time for them to awaken from their slumber and establish factories to manufacture cannons, rifles, missiles, and war ammunition? The enemy’s encroachment upon their lands has taught them a lesson they must contemplate and rectify their shortcomings.' (3) ¶

Professor Zafir al-Qasimi, in a long and valuable discussion on the military preparation that Muslims must achieve to intimidate the enemy, states: 'You know that the competition in the world today between different camps is not merely over weapons...' ¶

Along with its factories; rather, it is a race in knowledge, for weaponry and its factories are merely a result of knowledge. You are aware that among those working in these laboratories are Arabs of various nationalities, including Palestinians. They are in the United States, the Federal Republic of Germany, and France; if pressed, I could name a team of them for you. Why do these Arab men work in the laboratories and factories of the enemies, and not in Arab laboratories, Arab lands, or Arab factories? The answer is clear: because those responsible in the Arab countries have not prepared the appropriate environment for these men to work in. He then says: 'Preparation is a branch of the chapter of Jihad, or its foundation—conceive it as you wish.' ¶

In my view, preparation must begin with scientific preparation among the men of an Ummah numbering nearly a billion Muslims! We do not lack wealth, nor do we lack men; rather, we lack the will to act. I interpret the 'capability' (istita'ah) mentioned in the noble verse—'And prepare against them whatever you are able of power'—as nothing other than the will to produce and nurture specialists in the highest levels of military science. This is not difficult; in fact, it is extremely easy if the resolve is firm. He then adds: 'What is referred to as defense factories in some Arab countries neither satisfies nor sustains, and it barely meets the needs of internal security! Anyone who imagines that those who sell us weapons—whether from the East or the West—are concerned with our interests is deceived! It has been proven that nations work solely for their own interests, without regard for the interests of others.' ¶

'One might say: The East and the West will conspire against us to prevent us from reaching our goal. However, the facts of history have proven that nations which truly desire to be free cannot be stopped by anything in the pursuit of their goals. Furthermore, our scientists, whom we must begin training, guiding, and nurturing from this day forward, are the ones responsible for protecting the laboratories, factories, facilities, and war products. Our scientists must... astonish the world at every hour with their inventions and innovations that safeguard their existence and strike terror into the hearts of their enemies.' Al-Qasimi continues, saying: ¶

I was present at the International Lawyers' Conference in Monaco in 1954, and I had the opportunity to meet a high-ranking European official. Since the wound of Palestine was very fresh at the time, when we discussed the subject, he said to me with freedom and frankness: 'Sir! You Arabs are intelligent, but you are a people who do not inspire fear. When you have scientists among you capable of destroying the earth in 59 minutes—as the British claimed—instead of 60 minutes—as the Americans claimed—then you will be taken into account. But if you need a thousand rifles to distribute to your police, and you are forced to buy them from Belgium, then Belgium reneges on the deal, and your police are left without rifles, you have no right to ask the world to return Palestine to you!' Al-Qasimi says: 'That day, I understood the meaning of the Almighty's words: "To terrify thereby the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows." I said to my interlocutor: "The Holy Quran contains something similar to what you have said," and I translated the meaning of the verse for him. He was astonished and immediately went off to look for any translation of the meanings of the Holy Quran.' ¶

I say: From this perspective, the Islamic army, whose methods of acquiring necessary weapons we are discussing, must walk the path of possessing those weapons that cast terror into the hearts of the enemies. This will not be achieved—as previously stated—except through scientific superiority that produces, among other things, a self-reliant war industry that surpasses the sciences and industries possessed by the enemy. ¶

Here, we bring the discussion on the first requirement (matlab) of this research to an end and move to the second requirement. ¶

Second Section: What are the financial resources for the various expenses of the army? ¶

The army has immense and varied expenses, especially in the modern era (1). To cover these various military expenses, Islam has established several financial resources. Islam diversified these resources to ensure that funds would flow generously to the Islamic army to meet all its requirements, so that a budget deficit would not cause a weakness in the Islamic military force, thereby rendering it unable to perform its assigned duties. It is possible that one of the financial resources upon which the army depends might diminish or dry up. In such a case, if this resource that faced a crisis were the only one the army relied upon, it would lead to many negative repercussions whose ill effects would not only be felt in the military apparatus or its war machinery, but would extend to affect the entire body of the Ummah in the face of its internal or external enemies. Hence, the diversification of these financial resources for the army is the guarantee that blocks such negative factors from penetrating the entity of the Ummah or its fortified shield. ¶

We will here proceed to mention the financial resources that contribute to the benefit of the army and military power in general, relying in this upon texts derived from the Quran, Sunnah, Seerah, and books of Fiqh (jurisprudence) and Tafsir (exegesis) that relate to our subject, without entering into excessive details. ¶

(1) "Modern weapons have a distinct scientific character; approximately 60 percent of the price of a modern tank is attributed to its electronic equipment and fittings" (Book: The Arms Trade, p. 11). "The price of a tank is estimated at approximately one million dollars," ibid, p. 20. "American B-1 bombers cost 76.4 million dollars each. As for the Phantom, it was sold for 3 million dollars per unit, while the price of the Mirage manufactured in Israel was 4 million dollars," ibid, p. 97. ¶

Delving into jurisprudential (fiqhi) disagreements is not within the scope of this subject, which does not address the entitlements that this or that fighter receives—what are termed stipends (arzaq), spoils of war (aslab), spoils (anfal), war booty (ghana'im), or the like. Rather, our subject addresses, in a general sense, the financial sources that extend their support to the army, either with all that they possess or a portion thereof, so that those in charge of the army's affairs may find in them what is needed to cover the expenses incurred. Now, let us enumerate these financial resources and mention the texts previously alluded to regarding them. These resources are: 1. Fai' and Ghana'im (spoils of war). 2. Mandatory Zakat (the portion for the cause of Allah). 3. The obligation of Jihad with wealth. 4. Voluntary charity for the cause of Allah. 5. Reserving a portion of public property as a protected area (hima) for the benefit of the army. 1. Fai' and Ghana'im: It is not the purpose of this research to define in detail which wealth constitutes fai' and which constitutes ghanimah, nor the channels of expenditure for this or that wealth, nor the opinions of jurists regarding their disbursement or distribution, nor how each of them understood the incoming proofs in a specific way that resulted in this multiplicity of jurisprudential opinions regarding these issues. I say: The purpose here is not a detailed discussion of all that; rather, the purpose is that these funds, termed fai' and ghanimah, are among the financial resources upon which the army relies to cover its interests and requirements, whether the amounts allocated to the army from these two sources are large or small, depending on the varying interpretations (ijtihadat) of jurists on this matter. Therefore, we will mention here the broad outlines in defining these two resources and what is directed from them. ¶

In general terms, regarding the interests of the army, without delving into the minute details addressed in the books of Fiqh (jurisprudence) across the various schools of thought to which they belong. We shall begin by discussing Fai, and then Ghanimah (spoils of war), within the overall framework we have indicated. ¶

Regarding the definition of Fai and the channels in which it is spent, Al-Maqdisi states in 'Al-Sharh al-Kabir': 'The Chapter on Fai: It is that which is taken from the wealth of the polytheists without combat, such as Jizya, Kharaj(1), Ushr(2), that which they left behind out of fear, the fifth (khums) of the spoils of war, and the property of one who has no heir; it is spent on the interests of the Muslims... Imam Ahmad, may Allah have mercy on him, mentioned Fai and said: In it is a right for all Muslims, it is shared between the rich and the poor. The Qadi mentioned that Fai is specific to the people of Jihad—the Murabitun (those stationed) at the frontiers, the Muslim army, and those who attend to their interests. The meaning of Ahmad's words is that it is for both rich and poor—meaning that which entails a benefit for the Muslims—from among the Mujahidin, judges, and jurists... The context of Ahmad's words indicates that it is not restricted to the army, but rather it is spent on the interests of the Muslims; however, priority is given to the Muslim army, as they are the most important interest because they protect the Muslims. Thus, they are given their sufficiency, and whatever remains is allocated to the most important things sequentially, such as fortifying the frontiers, and providing them with war-horses(3), weaponry, and what is needed.'(4) ¶

In 'Al-Minhaj' and its commentary 'Mughni al-Muhtaj', regarding the expenditures of Fai, it is stated: 'It is divided into five equal parts like Ghanimah, contrary to the three Imams [Abu Hanifa, Malik, and Ibn Hanbal], who said: It is not divided into fifths, but rather all of it is for the interests of the Muslims. Then he said: And its fifth (khums) is for five [categories](5)... one of which is: the interests of the Muslims... such as the Thughur(6), the plural of Thagh', meaning: guarding them.' ¶

And equipping it [the treasury] with weaponry and combatants... and the provisions (arzaq) for judges, imams, and scholars... the most important of these must be prioritized as a mandatory duty. The most important, as stated in 'Al-Tanbih', is securing the frontiers (sadd al-thughur), for therein lies the protection of the Muslims. ¶

It is stated in 'Qawanin al-Ahkam al-Shar'iyya': 'The conduct of the just Imams regarding fay' and khums—that is, one-fifth of the spoils—is to begin with securing areas of danger and the frontiers, preparing war machinery, and providing for the combatants. If anything remains, it is for the judges, civil servants, and the construction of mosques and bridges; then it is distributed among the poor. If anything still remains, the Imam has the choice to distribute it among the wealthy or reserve it for the exigencies of Islam.' ¶

This is some of what is said regarding the wealth of fay' and the portion the army receives from it. ¶

As for ghanima (war booty): ¶

Regarding its definition and its recipients, the text states: 'Ghanima: A term for that which is taken from the wealth of the disbelievers through the power of the mujahideen and the overcoming of the disbelievers in a manner that entails the exaltation of the word of Allah Almighty. Its ruling is that it must be divided into fifths, and the remainder belongs to the victors (al-ghanimin).' ¶

Furthermore, it has been previously mentioned that the fifth of the booty follows the same rules as fay' regarding its disbursement, as per the preceding jurisprudential opinions on this matter. As for the four-fifths of the booty, the majority hold that it is distributed among the victors, as previously discussed, with further details. Malik said: 'The booty is subject to the Imam's discretion; if he wishes, he may distribute it among the victors equally or preferentially. And if he wishes, he may include others with them who did not attend the battle.' Ibn al-Qayyim stated: 'To Allah, the Glorified, belongs the right to distribute the spoils as He pleases, and He may withhold them from the victors entirely, just as He withheld from them the spoils of Mecca, even though they had urged their horses and mounts toward it.' ¶

In 'Al-Rawdah al-Nadiyyah', regarding the distribution of funds accumulated in the public treasury (Bayt al-Mal) from fay' (spoils acquired without combat), its proceeds, and the remnants of spoils (ghana'im) after the combatants receive their shares, it is stated: 'The distribution of funds collected for the Muslims from kharaj (land tax), mu'amalah (agricultural lease), jizyah (tribute), peace settlements, and other sources should be delegated to the just Imam who is genuinely sincere toward his subjects and exerts his utmost effort in their best interests. He shall distribute among them what suffices for their needs and set aside a reserve for their emergencies. He is not obligated to follow a specific method adopted by the righteous predecessors, as circumstances vary with changing times. If he deems it in the public interest to distribute the funds collected in the treasury annually, he may do so; if he deems it better to distribute them monthly, weekly, or daily, he may do so. Then, if there is a surplus in the Muslims' treasury after meeting their needs and securing funds for their exigencies, he shall spend it on confronting the disbelievers, opening their lands, expanding the jihad of the Muslims, and increasing armies and weaponry. For strengthening the armies of the Muslims is the fundamental principle in repelling corruption and securing public benefits.' ¶

These are some of the jurisprudential opinions put forward regarding the issue of fay' and ghanimah and the clarification of their expenditures. We did not intend to be exhaustive, nor did we aim to favor one over the other, as that would divert us from our objective. The purpose here is to show that despite the multiplicity of these jurisprudential opinions, the Islamic army remained the common denominator that was the focus of all these views in order to provide for its needs and lead to the strengthening of its military forces. ¶

Furthermore, it has been previously mentioned that the Prophet (ﷺ), upon obtaining the fay' of 'Banu al-Nadir', used to take... ¶

From it, his annual sustenance is deducted, and the remainder is allocated to strengthening the army with horses and weaponry. This was a summarized overview of the sources of Fay' (spoils of war without fighting) and Gana'im (spoils of war), and what the army receives from them. We now transition to another source of financial resources from which the army benefits. ¶

2 - Zakat: (The share for the sake of Allah): Allah has designated 'Jihad fi Sabilillah' (striving in the way of Allah) as one of the categories of Zakat, as stated in His Almighty’s words: 'Alms are for the poor, and the needy, and those employed to administer them, and those whose hearts are to be reconciled, and to free those in bondage, and the debt-ridden, and in the way of Allah, and for the wayfarer—an obligation from Allah, and Allah is All-Knowing, All-Wise.' ¶

It is stated in Ibn al-Arabi's 'Ahkam al-Qur'an': "Regarding His saying 'and in the way of Allah': Malik said, 'The paths of Allah are many, but I know of no disagreement that what is meant by 'the way of Allah' here is 'al-ghazw' (military expedition/jihad), and that it is part of the path of Allah'—except for what is narrated from Ahmad and Ishaq, who said it refers to Hajj... He then stated: 'There is no report regarding giving Zakat for Hajj.' Our scholars have said: The poor person is to be given from it without disagreement, as he is mentioned at the beginning of the verse; and the wealthy person is also to be given, according to Malik, based on the description of being in the way of Allah, even if he is wealthy in his own land or locality... The Prophet ﷺ said: 'Sadaqah is not permissible for a wealthy person except for five: [including] a warrior in the way of Allah.' Abu Hanifa said: 'The warrior in the way of Allah is not given [Zakat] unless he is poor,' and this is an addition to the text; and according to him, an addition to the text is considered abrogation (naskh), and there is no abrogation in the Qur'an except by another similar Qur'anic verse or a mutawatir (mass-transmitted) report! Muhammad ibn al-Hakam said: 'It is to be given from Sadaqah (Zakat) for horses, weapons, and whatever is needed of war equipment and for repelling the enemy from the territory, because all of this is part of the path of military struggle and its benefit.'" ¶

In 'Al-Minhaj' and its commentary 'Mughni al-Muhtaj', regarding the expenditure of the 'Fi Sabilillah' (in the way of Allah) share of Zakat, it is stated: 'A warrior (ghazi) is given according to his needs during his campaign—provisions and clothing for himself and his family... while traveling, returning, and residing in the place of combat until victory, even if the stay is prolonged.' It further adds: 'The Imam may purchase horses and weaponry from this share and dedicate them as waqf (endowment) in the path of Allah... and a mount, other than the one the warrior fights upon, shall be provided for him—via lease or loan... if the journey is long or he is weak and unable to walk, to fulfill his necessity.' In Dr. Yusuf al-Qaradawi’s 'Fiqh al-Zakat', under the heading 'What the four schools of thought agreed upon regarding this category'—meaning the 'Fi Sabilillah' share of Zakat—it is mentioned that these schools agreed upon three matters: 1. That Jihad is definitively included in the path of Allah. 2. The legitimacy of spending Zakat on the persons of the Mujahideen, whereas spending on the interests and equipment of Jihad is a matter of disagreement. 3. The impermissibility of spending Zakat on general charitable and reformative projects, such as building dams, bridges, mosques, and schools; the burden of these matters lies on other resources of the Bayt al-Mal, such as Fay and Kharaj, etc. It continues: 'Abu Hanifa is unique in stipulating poverty for the Mujahid, while Ahmad is unique in permitting expenditure for Hajj and Umrah pilgrims. The Shafi'is and Hanbalis agree that the Mujahideen who receive Zakat must be volunteers, not those on a government payroll (diwan). Schools other than the Hanafis agree on the general legitimacy of spending on the interests of Jihad.' I say: The purpose here, as stated before, is not to enter into details. It is sufficient for us from these juristic citations to observe that the majority of jurists have left the Zakat category of 'Fi Sabilillah' open for the army to meet some of its requirements for weapons, equipment, and other legitimate expenses necessary for it in its capacity as an army of Jihad in the way of Allah. ¶

And now to another source of finance upon which the Islamic army relies to meet its needs. ¶

3 - The Obligation of Jihad with Wealth: In this financial resource allocated for the benefit of the army, we will address the following matters: - What is the evidence for the obligation of jihad with wealth? - What was the customary form of jihad with wealth? - Are financial taxes imposed on Muslims to be spent on the army as a form of fulfilling the duty of jihad with wealth? ¶

- As for the evidence for the obligation of jihad with wealth, the command for jihad with wealth has appeared in many verses, coupled with jihad with one’s self, which indicates that their legal ruling is the same: obligation. Among these is the saying of the Almighty: "Go forth, whether light or heavy, and strive (jihad) with your wealth and your lives in the cause of Allah. That is better for you, if you only knew." Furthermore, in the Almighty’s saying: "And spend in the way of Allah and do not throw [yourselves] with your [own] hands into destruction," there is also evidence for the obligation of spending in the cause of Allah—that is, in jihad. Ibn al-Arabi stated in *Ahkam al-Qur'an* regarding this expenditure in jihad: "It is obligatory, due to the Almighty’s saying: 'And do not throw [yourselves] with your [own] hands into destruction.'" This warning and threat is a contextual indication that the command to spend wealth in the way of Allah—that is, in jihad and preparation for it—is by way of obligation. - As for what the customary form was regarding jihad with wealth, it is, as previously discussed in earlier sections, that the fighter be tasked with equipping himself for combat if he is capable of such preparation. This includes the expenses of travel to the battlefront and the purchase of the weapons and equipment he requires, if they are not already in his possession or have not been provided to him by the state. Likewise, whoever is capable with their wealth... ¶

However, if a person was unable to go out for combat himself, he would be tasked with equipping other fighters who were unable to equip themselves. In Sahih Muslim, it is narrated from Anas bin Malik that a young man from the Aslam tribe said: 'O Messenger of Allah! I wish to participate in the expedition, but I do not have the means to equip myself.' He (the Prophet) said: 'Go to so-and-so, for he had prepared his equipment but fell ill.' He went to him and said: 'The Messenger of Allah ﷺ sends you greetings and says: Give me the equipment you have prepared.' He (the ill man) said: 'O so-and-so (addressing his wife)! Give him the equipment I prepared and do not withhold anything from it; for by Allah, if you withhold anything from it, it will not be blessed for you.' In this manner, the duty of financial jihad was imposed upon the Muslims. ¶

But the question that arises is: Can financial taxes be imposed on Muslims to spend on the army, to provide it with the weapons and equipment needed to enable it to fulfill the duty of jihad in the required manner? And are those financial taxes considered a fulfillment of the duty of jihad with wealth? ¶

The answer is: Some scholars have explicitly stated the obligation of jihad with wealth as an independent duty. It is stated in the Fatawa of Ibn Taymiyyah: 'Whoever is unable to perform jihad with his body but is capable of performing it with his wealth, then jihad with his wealth is mandatory for him. This is the explicit stance (nass) of Ahmad, as narrated by Abu al-Hakam, and it is what the Qadi deemed definitive in *Ahkam al-Qur'an* regarding the verse: "Go forth, whether light or heavy" (Surah At-Tawbah, 41). Thus, it is mandatory for the wealthy to spend in the cause of Allah. Based on this, it is also mandatory for women to perform jihad with their wealth if they have a surplus, and likewise with the wealth of minors if it is needed, just as expenditures (nafaqat) and Zakat are mandatory. These two reports should be understood in the context of communal obligation (fard kifayah). However, if the enemy suddenly invades, then there is no room for disagreement, because repelling their harm from the religion, life, and honor is mandatory by consensus (ijma').' ¶

It is stated in Ibn Taymiyyah’s treatise *Al-Mazalim al-Mushtaraka*: “If the Muslims require funds to be collected to repel an enemy, it is obligatory for those who are capable to participate in this.” (1) ¶

Ibn al-Qayyim, while discussing the jurisprudence of the Battle of Tabuk, wrote the following: “Among the rulings derived from this battle is the obligation of Jihad through wealth, just as it is obligatory through one’s person. This is one of the two narrations from Ahmad (bin Hanbal), and it is the correct position, beyond doubt. The command for Jihad with wealth is the twin and companion of the command for Jihad with the soul in the Quran. In fact, it is placed before Jihad with the soul in every instance except for one (2). This indicates that Jihad with wealth is more important and emphasized than Jihad with the soul. There is no doubt that it is one of the two forms of Jihad, as the Prophet (ﷺ) said: ‘Whoever equips a warrior has indeed fought’ (3). Thus, it is mandatory for those who are capable of it, just as it is mandatory for those physically capable. Physical Jihad cannot be completed without the expenditure of wealth, nor can victory be achieved without men and numbers. If one cannot increase the numbers, it is mandatory to support with wealth and equipment. And if Hajj is obligatory through wealth for one who is physically incapable, then the obligation of Jihad through wealth is even more primary and valid.” (4) ¶

However, the majority of scholars have conditioned the permissibility of collecting funds from the people for preparing an army upon the condition that the *Bayt al-Mal* (Public Treasury) and its associated assets—which would cover the needs of the army—are exhausted. On this, the author of *Fath al-Qadir* states: “Know that the requirement of legal reasoning is that the expenditure is mandatory from the warrior’s own wealth; because he is commanded to perform an act of worship composed of both wealth and the body, similar to Hajj. And the obligation of equipping them from the *Bayt al-Mal* only applies if they lack the means to equip themselves beyond their basic needs and the needs of their dependents... As for when there is no *Fai* (spoils/state revenue) in the *Bayt al-Mal*, it is not forbidden for the Imam to impose this upon the people based on a just proportion; because this serves to repel a greater harm—which is the transgression of the evil of the disbelievers against the Muslims—by incurring a lesser harm...” (5) ¶

It is stated in *Al-Siyar al-Kabir* and its commentary: “If the Imam desires to equip an army, if there is in...” ¶