Chapter 55

If the Bayt al-Mal (Public Treasury) has ample resources, the Imam is obligated to equip the mujahideen using its funds, without taking anything from the people. If the treasury lacks resources, he has the authority to levy a charge upon the people to support those heading out for Jihad, for he is appointed as their guardian, and the perfection of his guardianship lies in this. ¶

- In al-Shatibi’s *Al-I'tisam*, it is stated: "If we have an Imam who is obeyed, yet is in need of increasing his troops to secure the borders and protect a kingdom with vast territories, while the treasury is empty and the soldiers' needs exceed their available resources, then it is permissible for the Imam—provided he is just—to impose upon the wealthy whatever he deems sufficient for them for the time being, until treasury funds become available. Such a measure was not reported from the early generations only because the treasury was affluent in their time, unlike our time, where the necessity is more pressing and the aspect of public interest (*maslaha*) is manifest. For if the Imam does not establish this order, his authority would be undermined, and our lands would be exposed to occupation by the disbelievers." ¶

- In *Al-Nujum al-Zahira*, regarding the events of 657 AH, it is noted that after the Tatars advanced toward the Levant, the Sultan of Egypt, Qutuz, summoned the judges, jurists, and notables for a meeting to consult them on imposing a levy on the people to equip an army to fight the Tatars. The meeting convened, and the author of *Al-Nujum* states: "They deliberated, and the consensus rested on the opinion of Ibn Abd al-Salam. The essence of his statement was: When the enemy strikes the lands of Islam, it becomes an obligation upon everyone to fight them, and it is permissible for you to take from the subjects what is needed to assist in your Jihad, provided that nothing remains in the treasury, that you sell your gilded belts (*hawa'is*) and precious equipment, and that the soldiers restrict themselves to their mounts and weapons, placing themselves on equal footing with the commoners. As for taking wealth from the commoners while the soldiers still possess wealth and luxurious equipment, that is not permissible." The council concluded on this basis. ¶

Furthermore, what appears to me in this matter is that Jihad with wealth carries the same ruling as Jihad with one's self (life); they are equal. This is because they are coupled together in the statement of their ruling, and the evidences that gathered them under the ruling of obligation did not distinguish between the ruling of Jihad with wealth and the ruling of Jihad with one's self. ¶

Based on this, when Jihad is a fard kifaya (communal obligation), Jihad with wealth is also a fard kifaya, just like Jihad through actual combat. If one individual or a group of individuals equips the army with what it requires, the demand is lifted from the rest. Similarly, the demand is lifted from them if the State provides for the army's needs from public funds allocated for the public interest, or from the 'Fi Sabilillah' (in the cause of Allah) share of Zakat, because the fard kifaya has been fulfilled, and it is not permissible for the demand to remain upon the Muslims in this situation. This is similar to a case where a group of Muslims performs combat Jihad—which is a fard kifaya—in the required manner; the demand that would result in sin if neglected is lifted from the rest. Likewise, it is lifted from them if the State carries out this communal combat Jihad in the required manner through advanced weaponry that requires only a limited number of people to operate, thereby rendering the mobilization of large armies and the gathering of more forces unnecessary; this is because the fard kifaya has been fulfilled, and it is not permissible for the demand—the neglect of which leads to sin—to remain upon the Muslims in this situation. ¶

However, when no one among the Muslims steps forward to fulfill the duty of Jihad with wealth to equip the army when summoned to do so, then the sin falls upon the wealthy who withheld from this Jihad, just as the sin falls upon the capable, legally accountable individuals who withhold from combat Jihad when there is a need for them. ¶

Here, just as the one in authority has the right to designate specific individuals to go out for Jihad in its combat sense, according to what the public interest (maslaha) dictates in order to fulfill the duty of Jihad—making it a fard 'ayn (individual obligation) upon those designated—so too does the one in authority have the right to designate specific individuals from the wealthy to bear the burden of Jihad in its financial sense. ¶

Expenses of the Army: For the purpose of fulfilling the obligation of jihad, and in accordance with what is dictated by the public interest (maslaha). If the public interest requires that this burden be distributed equally among the wealthy in proportion to their assets, while taking into account their other existing obligations, then it is incumbent upon the authority (the Imam) to adopt this method in assigning financial jihad, in implementation of the legal maxim: 'The actions of the Imam regarding the subjects are contingent upon the public interest' (1). ¶

This applies when jihad is a fard kifaya (communal obligation). However, when jihad becomes a fard ayn (individual obligation) upon all Muslims due to a sudden enemy invasion, then just as it is mandatory here for all those capable of combat to go out for jihad according to their ability, it is likewise mandatory for all those who are financially capable to provide from their wealth what is necessary for this fighting, each according to their capacity. ¶

From another perspective, it appears in this matter that jihad—whether it is a fard kifaya or a fard ayn—requires an army, and an army requires vast funds to equip it with the necessary weapons and equipment, especially in our modern era. ¶

Consequently, when the public funds allocated for the public interest, or the jihad share of zakat, are insufficient to meet the needs of the army, then imposing financial jihad upon the people in a legitimate manner—or what is termed as imposing taxes on the wealthy—and distributing the burden among them to fulfill this obligation falls under the principle: 'That without which an obligation cannot be fulfilled is itself an obligation' (2). Hence, jihad through wealth is among the duties necessitated by the performance of combat jihad. ¶

Moreover, it is established in Fiqh that for communal obligations (fard kifaya), such as enjoining good and forbidding evil, the judiciary, education, building necessary roads, and the like, the burden of expenses... [to] bear the expenses deemed necessary for equipping the army. The fundamental principle regarding this command issued by the Messenger of Allah (ﷺ) is that it is mandatory for those obligated to implement it. ¶

as required, falls upon the Bayt al-Mal (Public Treasury). If there are no funds therein, the obligation shifts to the wealthy. Thus, when Jihad is a Fard Kifayah (communal obligation), this ruling applies; when it is a Fard Ayn (individual obligation), the matter is even clearer, as previously stated. ¶

This is what is said regarding Jihad with wealth, in terms of it being one of the financial resources to which those in authority (wulat al-umur) resort, when necessary, for the benefit of the Islamic army. ¶

We now move on to another of the resources we are discussing: ¶

4 - Voluntary Sadaqat (charity) in the cause of Allah: By this resource, we mean that the state opens the door for financial and material donations to be utilized for the benefit of the army, whether for its general expenditures or to purchase the necessary weapons and equipment. ¶

Donations offered for this purpose constitute spending in the path of Allah, which is stored for the giver in the sight of Allah. The Holy Quran has encouraged this spending, which is directed toward the purpose of preparing the strength necessary to strike terror into the enemy. This is in His saying: "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 and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged." ¶

- Furthermore, Allah the Almighty has encouraged, in the strongest possible manner, spending that is dedicated to Jihad in the path of Allah in general, by multiplying the reward for what is spent in this direction far beyond the reward prepared for what is spent in other avenues of goodness and acts of worship. ¶

This is manifested in His saying: "The example of those who spend their wealth in the way of Allah is like a seed [of grain] which grows seven ears; in each ear is a hundred grains. And Allah multiplies [His reward] for whom He wills. And Allah is all-Encompassing and Knowing." ¶

- In the Tafsir of Ibn Kathir regarding this verse, it is stated: "Makhul said: It refers to spending in the cause of Allah..." ¶

Jihad, which includes the stabling of horses (ribat), the preparation of weaponry, and other similar matters. (1) ¶

In Al-Qurtubi’s tafsir regarding this verse, he states: 'It is narrated that this verse was revealed concerning Uthman and Abd al-Rahman ibn Awf (may Allah be pleased with them both). The account is that when the Messenger of Allah ﷺ urged people to give charity while preparing for the expedition to Tabuk, Abd al-Rahman came to him with four thousand [dirhams] and said: "O Messenger of Allah, I had eight thousand; I kept four thousand for myself and my family, and I have loaned four thousand to my Lord." The Messenger of Allah ﷺ said: "May Allah bless you in what you have kept and in what you have given." Uthman said: "O Messenger of Allah! The equipment for those who have no equipment is upon me." Thus, this verse was revealed concerning them both.' ... He then continues: 'The Quran confirms that a good deed in all acts of righteousness is multiplied by ten (2), while this verse establishes that spending for jihad is multiplied seven hundred-fold. Scholars differ on the meaning of His saying: {And Allah multiplies for whom He wills}. One group says: It is a clarification and emphasis on the previously mentioned seven hundred, and there is no multiplication beyond seven hundred. Another group of scholars says: Rather, it is an announcement that Allah, the Exalted, multiplies it for whom He wills, even more than seven hundred-fold.' Al-Qurtubi then commented on this, saying: 'I say: This opinion is the most correct.' He then substantiated his view with what Ibn Majah narrated from several Companions, all of whom reported that the Messenger of Allah ﷺ said: 'Whoever sends support in the path of Allah while remaining in his house, for every dirham he gets seven hundred dirhams. And whoever fights in the path of Allah himself and spends for that purpose, he receives seven hundred thousand dirhams for every dirham.' Then he recited this verse: {And Allah multiplies for whom He wills}. (3) ¶

Furthermore, in Sahih Muslim: 'From Abu Mas'ud al-Ansari who said: A man brought a harnessed she-camel (4) and said: "This is for the cause of Allah." The Messenger of Allah ﷺ said: "For it, on the Day of Resurrection, you will have seven hundred harnessed she-camels." (5) ¶

I say: After this overwhelming outpouring of the grace of Allah the Almighty — which is awaited by those who give charity and donations designated for the armed forces prepared for jihad in the path of Allah — after this, it is no wonder that we find the first generation of the Companions of the Messenger of Allah (peace be upon him) racing to answer the call of spending in the path of Allah, each according to what their heart permits. This is a page from 'Hayat al-Sahabah' (The Lives of the Companions) that shines with the most magnificent images of generosity in this path. It is recorded by Ibn Asakir in the context of urging charity for the preparation for the Battle of Tabuk. He states: 'The Messenger of Allah (peace be upon him) urged the Muslims toward jihad, encouraged them in it, and commanded them to give charity. They brought much charity. The first to bring [his wealth] was Abu Bakr al-Siddiq (may Allah be pleased with him), who brought his entire wealth, four thousand dirhams. The Messenger of Allah (peace be upon him) asked him, 'Have you left anything for your family?' He replied, 'Allah and His Messenger know best.' Then Umar (may Allah be pleased with him) came with half of his wealth. The Messenger of Allah (peace be upon him) asked him, 'Have you left anything for your family?' He said, 'Yes, the equivalent of what I have brought.' When Umar learned what Abu Bakr al-Siddiq had brought, he said, 'We never competed in any good deed but that he preceded me in it!' Al-Abbas ibn Abd al-Muttalib and Talha ibn Ubaydullah (may Allah be pleased with them both) brought wealth to the Prophet (peace be upon him). Abd al-Rahman ibn Awf (may Allah be pleased with him) brought two hundred uqiyah [of silver], and Sa’d ibn Ubadah (may Allah be pleased with him) brought wealth, as did Muhammad ibn Maslamah (may Allah be pleased with him). Asim ibn Adi (may Allah be pleased with him) gave ninety wasq of dates as charity, and Uthman ibn Affan (may Allah be pleased with him) equipped one-third of that army, and he was the one who spent the most. It is said that the Messenger of Allah (peace be upon him) said on that day, 'Nothing Uthman does after this will harm him.'' ¶

And it is well-known that the women would assist with everything they were capable of. Umm Sinan al-Aslamiyyah (may Allah be pleased with her) said: 'I saw a cloth spread out before the Prophet (ﷺ) in the house of Aisha (may Allah be pleased with her), containing musk, armlets, anklets, earrings, and rings. It was filled with what the women had sent to assist the Muslims in their preparations (for battle), at a time when the people were in severe hardship. It was when fruits had ripened and shade was desirable; thus, people loved staying put and disliked departing in such conditions... The Messenger of Allah (ﷺ) set up his encampment at Thaniyat al-Wada... The number of people was so great that no register could contain them. There were thirty thousand men with the Messenger of Allah (ﷺ) and ten thousand horses.' ¶

Furthermore, this is but a glimpse of the financial resources that served the interests of the Islamic army—whether regarding the encouragement and incitement toward it, which was by way of recommendation (nadb) rather than obligation (wujub), or regarding the response of the Companions to that encouragement. We have observed how the financial outcome of this resource was of great significance, even though the people were in hardship and the door for spending was not opened on the basis of obligation. ¶

Dr. Muhammad Sa'id Ramadan al-Buti states: 'The voluntary contribution of the Companions with their wealth to equip the Army of Hardship (Tabuk) is not considered evidence for the imposition of taxes on the wealthy when the state is in need, because the action of the Companions was a voluntary donation, and the invitation of the Messenger (ﷺ) to them was by way of recommendation (nadb).' ¶

(The Author adds): I say: Despite this, it is possible that the command for charity to equip the Army of Hardship was actually by way of 'fard al-kifaya' (collective obligation)—as is the fundamental rule in the ruling of Jihad, whether it is through combat or through the spending of wealth necessary for that combat. The Prophet (ﷺ) opened the door for donations for this army according to this principle, and when he possessed enough wealth to satisfy the requirement, he ordered the departure. ¶

I say: The existence of a financial source for the army’s interest, opened for collecting voluntary donations from the nation—on a recommended (nadb) basis—does not negate the existence of another financial source, also for the army’s interest, opened to collect what the state requires from the wealthy of the nation—on a mandatory (wujub) basis—as detailed previously in the discussion of these financial sources. We now move to a new source. ¶

5 - Declaring part of public property as 'Hima' (protected reserve) for the army's interest: Whatever is considered public property of the nation from the resources and natural wealth of Islamic lands, the authority holder may protect a portion of it and employ it specifically for the interest of the Islamic army, excluding other state interests. The portion that the state decides to include in the 'Hima' should be limited to what the decision-maker deems sufficient to cover the army's needs. Thereafter, the remainder of those resources and public wealth is directed toward meeting the expenses required by other interests and facilities needed by the country. The evidence for the legitimacy of this appropriation from public property and its allocation for the army's interest—which is what is termed 'Hima'—is what is narrated in Sahih al-Bukhari: 'On the authority of Ibn Abbas (may Allah be pleased with them both), that Sa'b bin Jathama said: The Messenger of Allah (ﷺ) said: There is no Hima except for Allah and His Messenger.' ¶

It is stated in Fath al-Bari: 'Al-Shafi'i said: The meaning of the Hadith may encompass two things: First, that no one has the right to protect (land) for the Muslims except what the Prophet (ﷺ) protected. Second, that its meaning is: except in the same manner as the Prophet (ﷺ) protected. According to the first, no ruler after him has the right to create a Hima; and according to the second, the Hima is reserved for the one who stands in the place of the Messenger of Allah (ﷺ), who is the Caliph specifically. Then he said: The more prevalent view among the Shafi'is is that the Hima is specific to the Caliph, though some have included regional governors, granting absolute permission provided it does not harm the collective body of Muslims.' ¶

- And in another Hadith, also in Sahih al-Bukhari, the meaning is: That Umar ibn al-Khattab (may Allah be pleased with him)... ¶

Umar (may Allah be pleased with him) designated a piece of land—which was considered public property of the people of Medina, distinguished by abundant water and fertile pastures—as a 'Hima' (protected reserve). He protected it, meaning he prevented the Muslims from entering it to graze their livestock, even though it was public property, and reserved it specifically for the camels of Zakat and the horses belonging to the army to graze therein. He permitted only those with small numbers of livestock to benefit from these pastures reserved for the army—out of kindness, given their dire need and the fact that they possessed no other source of income to survive on besides these few small animals. Umar stated that if he were to prevent these people of limited income just as he prevented the wealthy from benefiting from these pastures, then if their livestock were to perish, it would be incumbent upon him to compensate them with gold and silver so that they and their families could live a dignified life. Thus, Umar viewed that permitting only such individuals to benefit from the protected land was less burdensome on the state budget and more in line with the public interest (maslaha) than preventing them, as he had prevented the wealthy who possessed financial resources other than livestock. Then, Umar ibn al-Khattab explained that this measure—that is, the 'Hima' which is part of public property—though people had criticized him for it and accused him of oppression because he deprived them of their land, which was their public property (a fact Umar himself acknowledged), he defended this decision by stating that what drove him to it was solely the interest of the army and the horses prepared for Jihad in the path of Allah. ¶

This is the account of this story as found in Sahih al-Bukhari: 'Zayd ibn Aslam reported from his father that Umar ibn al-Khattab (may Allah be pleased with him) appointed a freed slave of his named Hani over the "Hima." He said: "O Hani! Withhold your hand from the Muslims (do not oppress them), and beware of the prayer of the oppressed, for the prayer of the oppressed is answered. Allow the owner of the small flock and the owner of the few sheep to enter, but keep the livestock of Ibn Awf and Ibn Affan away from me; for if their livestock perish, they can return to their date palms and crops, whereas if the owner of the small flock and the owner of the few sheep loses his livestock, he will come to his children and say: 'O Leader of the Faithful!' Am I to abandon them? For they have only water and grass..."' ¶

And pasture is easier for me than gold and silver. By God! They think that I have wronged them! Yet these are their lands; they fought over them in the Days of Ignorance (Jahiliyyah) and remained upon them after embracing Islam. By Him in Whose Hand is my soul! Were it not for the mounts that I provide in the way of Allah, I would not have reserved even a span of their land for them as a hima (protected pasture). I say: Based on this, the person in authority has the right to protect or set aside a specific portion of what is considered public property from the nation's assets and wealth, and to allocate its benefits exclusively for the interest of the army. This applies, for example, if there are oil wells included in public property; the ruler here may protect a certain portion of their production, or a specific number of those wells, and dedicate their revenues specifically for the benefit of the army—just as Umar (RA) did with the land he protected, reserving its water and pasture for the army! Furthermore, he is permitted to allow certain categories of the needy within the nation to benefit from this hima alongside the army, should the public interest require it. With the conclusion of the discussion on this financial resource allocated for the army's interest, we reach the end of the discourse regarding the financial resources upon which the army relies to fulfill its requirements. Consequently, we finish the fourth chapter, which we dedicated to the material foundations of the Islamic army. Thus, we also conclude the chapters of the fourth book of this treatise and proceed toward the fifth book, with the help of Allah, the Almighty. ¶

Chapter One: Dealing with Members of the Islamic Army ¶

Section One: The commander's right to obedience and its limits. Section Two: The commander's right to remove those whose presence he deems harmful to the army. Section Three: The rights of the combatants. Section Four: The manifestation of pride and arrogance. Section Five: The ruling on Muslim spies, and non-Muslims from among the Islamic citizenry. Section Six: The ruling on desertion from the army. Section Seven: The martyr (Shahid), his rulings, and his family thereafter. ¶

Chapter Two: Dealing with Enemies in War ¶

Section One: Rulings concerning non-combatant enemies. ¶

Second Topic: The ruling on spies from the Dar al-Harb (enemy territory). Third Topic: The use of deception and disinformation in war against the enemy. Fourth Topic: The corpses of enemies. First Section: Mutilation of enemy corpses. Second Section: Dissecting enemy corpses for medical research purposes. Third Section: Burying the corpses of enemies. Fourth Section: Handing over enemy corpses to their kin. ¶

Chapter Three: Warfare operations and various actions ranging between permissibility and prohibition ¶

First Topic: Is it permissible to kill individuals among the Muslims, the Islamic subjects, or others if the enemy uses them as human shields (tatarrus)? Second Topic: The use of weapons that cause harm to non-combatants. First Section: Weapons that destroy humans, animals, and plants along with infrastructure: (nuclear bombs, etc.). Second Section: Weapons that destroy humans, animals, and plants without destroying infrastructure: (neutron bombs, chemical and biological weapons, the use of poison, etc.). Third Topic: Practices of combatants and the stance of Shar'i Ijtihad regarding them. First Section: Delaying prayers from their prescribed times due to war. The opinions of the jurists (Fuqaha) on this matter. Second Section: Kidnapping of all kinds (or taking hostages). Third Section: Suicide or 'Istishhadi' (martyrdom-seeking) operations. Fourth Section: Violation of honor. And the concept of Muslims deeming the lives, honor, and property of the enemy as permissible. 1092 ¶

Chapter One: Dealing with Members of the Islamic Army ¶

Section One: The commander’s right to obedience and its limits. Section Two: The commander’s right to remove anyone whose presence he deems harmful to the army. Section Three: Rights of the combatants. Section Four: Displaying pride and arrogance. Section Five: The ruling regarding spies or non-Muslims among the Islamic subjects. Section Six: The ruling regarding desertion from the army. Section Seven: The martyr (Shahid), his rulings, and his family after him. ¶

Book of Virtues: Narrated Aisha (may Allah be pleased with her): 'I never saw the Messenger of Allah (peace and blessings of Allah be upon him) take revenge for any wrong done to him, unless the sacred limits (mahārim) of Allah were violated. If the sacred limits of Allah were violated, he would be the most severe in responding to that. He was never given a choice between two matters but that he chose the easier of the two, provided it was not sinful. If it were sinful, he would be the furthest of people from it.' (Bukhari and Muslim). ¶

Narrated Anas (may Allah be pleased with him): 'I served the Prophet (peace and blessings of Allah be upon him) for ten years, and he never said 'Uff' to me, nor did he ever say about something I had done, "Why did you do it?" or about something I had left undone, "Why did you leave it undone?"' (Bukhari and Muslim). ¶

Narrated Aisha (may Allah be pleased with her): 'The Messenger of Allah (peace and blessings of Allah be upon him) never struck anything with his hand, neither a woman nor a servant, except when performing Jihad in the cause of Allah. And whenever he was personally harmed, he never took revenge, unless the sacred limits of Allah were violated, in which case he would take revenge for the sake of Allah, the Almighty and Majestic.' (Muslim). ¶

Narrated Abdullah ibn Amr ibn al-Aas (may Allah be pleased with them both): 'The Messenger of Allah (peace and blessings of Allah be upon him) was neither indecent nor a peddler of obscenity. He used to say, "The best among you are those with the best character."' (Bukhari and Muslim). ¶

First Section: The Leader's Right to Obedience and its Limits ¶

We will address the following points in this section: 1. The First Point: What is the meaning of obedience? What is the Shariah ruling regarding it? And what role does the obligation of the army to obey its commanders play in establishing military discipline among its personnel? 2. The Second Point: Who must be obeyed in the Islamic army? 3. The Third Point: The Shariah and Fiqh texts that define the limits of mandatory obedience versus prohibited obedience. ¶

1. The First Point: What is the meaning of obedience? What is the Shariah ruling regarding it? And what role does the obligation of the army to obey its commanders play in establishing military discipline among its personnel? ¶

A. The meaning of obedience: It is stated in 'Al-Misbah al-Munir': "Obedience only occurs in response to a command, just as a response only occurs in response to a statement. It is said: He commanded him, and he obeyed. Ibn Faris said: When he proceeds according to his command, he has obeyed him. And if he agrees with him, he has complied with him (tawa'ahu)."(1) ¶

Al-Qurtubi said in his Tafsir: "The reality of obedience is the execution of a command, just as disobedience is its opposite, which is the violation of a command. Obedience is derived from 'ata'a' (to obey), meaning when one submits. Disobedience is derived from 'asa' (to disobey), meaning when one becomes intransigent (rebellious)."(2) ¶

(1) Al-Misbah al-Munir: p. 144. (2) Al-Jami' li-Ahkam al-Qur'an by Al-Qurtubi: 5/261. ¶

This is the meaning of obedience: compliance with orders and the subordinate’s response to what the commander desires. ¶

B - The Shariah Ruling on Obedience The intended meaning of obedience in our current context is the obedience to the regulations, laws, and orders issued by military leadership to the personnel subject to those commands, whether regarding the administration of military affairs in times of peace or the management of combat affairs in times of war. What is the Shariah ruling on this obedience? ¶

The answer is: The ruling is that of obligation (wujub). ¶

The proof for this lies in the Quran and the Sunnah. ¶

As for the Quran, the evidence for the obligation of this obedience is the saying of the Almighty: 'O you who have believed, obey Allah and obey the Messenger and those in authority among you...' (Surah An-Nisa: 59). ¶

Imam an-Nawawi says regarding the ruling of obedience: 'The scholars have reached a consensus on its obligation in matters other than disobedience (sin), and on its prohibition in matters of disobedience. This consensus was transmitted by Qadi Iyad and others.' ¶

He also says, in explaining the meaning of 'those in authority' (ulu al-amr) whose obedience is obligatory according to the aforementioned verse: 'The scholars said: What is meant by ulu al-amr are the rulers and commanders whose obedience Allah has made obligatory. This is the opinion of the majority of the Salaf (predecessors) and the Khalaf (successors) among the exegetes, jurists, and others. Another opinion is that it refers to the scholars.' ¶

In Fath al-Bari, it is stated: 'Ash-Shafi'i favored the first view: (i.e., that the meaning of ulu al-amr in the verse is the commanders, not the scholars), arguing that the Quraish were not accustomed to authority and would not submit to a commander, so they were commanded to obey whoever was placed in charge of affairs. This is why the Prophet (ﷺ) said: 'Whoever obeys my commander has obeyed me.' (Agreed upon).' ¶

This is what relates to what came in the Quran regarding the evidence for the obligation of obedience to those in authority... ¶

Regarding this matter, numerous texts have been reported in the Prophetic Sunnah, including: What is recorded in Sahih al-Bukhari: 'Anas bin Malik (may Allah be pleased with him) reported that the Messenger of Allah (peace be upon him) said: Hear and obey, even if an Abyssinian slave is appointed over you whose head is like a raisin.' Also, what is recorded in Sahih Muslim, on the authority of Abu Hurairah (may Allah be pleased with him), that the Prophet (peace be upon him) said: 'Whoever obeys me has obeyed Allah, and whoever disobeys me has disobeyed Allah. Whoever obeys the Amir (leader/commander) has obeyed me, and whoever disobeys the Amir has disobeyed me.' Furthermore, as Imam al-Nawawi indicated, the obligation to obey those in authority (Ulu al-Amr)—meaning the holders of political power—is a matter upon which the scholars have reached a consensus, and their statements explicitly confirm this: - It is stated in Al-Siyar al-Kabir and its commentary regarding the ruling on obeying those in authority: 'The obligation of obedience is established by a definitive (qat'i) text.' - It is stated in Hashiyat Ibn Abidin: 'It is appropriate for the Imam to review the army when entering the Dar al-Harb (territory of war)... to register their names, and to appoint over them someone who is insightful in matters of war and its strategy, even if he is from the mawali (freedmen/clients). Obedience to him is mandatory upon them, because opposing the Amir is prohibited, unless the majority agrees that it is harmful, in which case they follow [the majority]...' - In Al-Ahkam al-Sultaniyya by al-Mawardi, and in its counterpart by al-Farra, it is stated that there are several matters binding upon the members of the army in regard to the rights of the Amir over them, as stated in the following text: ¶

One of them: Committing to his obedience and entering into his authority... The second: That they delegate the matter to his judgment and entrust it to his administration. The third: That they hasten to comply with his command and stop at his prohibitions and warnings; for these are among the requirements of his obedience. If they refrain from what he commanded them or commit what he forbade them, he has the right to discipline them for the violation according to their circumstances, and it should not be excessive (1). ¶

This relates to the Shariah ruling regarding obedience. ¶

C - The role of the army's obligation to obey its commanders in creating military discipline among its members. ¶

An army has no value without being dominated by military discipline... that discipline which — as experts in military affairs state: 'is based on obedience and proper conduct, even in the absence of orders, without the need for a supervisor, and under all circumstances' (2). ¶

Therefore, obedience to the army's regulations and laws was not merely a recommended or supererogatory matter; had it been so, it would not have produced the desired discipline. Rather, it was a mandatory obligation with no exemption... to the point that obedience to the 'holders of authority' (uli al-amr) in all spheres, including the sphere of the army and jihad, was made a corollary to the obedience of Allah the Almighty and His Messenger, peace and blessings be upon him. ¶

Moreover, the nature of a Muslim is that what determines his conduct in any activity he practices in life is the concepts he holds in his mind about that activity, and the psychological feeling his heart harbors toward it as well. These feelings and concepts are only fostered in a Muslim by adopting the Shariah rulings that regulate his behavior in carrying out his activities, and his belief that the sole source of those rulings is the revelation from Allah the Almighty, represented by what has come in the Book (Quran) and the Sunnah, and what pertains to them. ¶

Hence, the Shariah ruling on the obligation of army members to obey their commanders is linked to... ¶

Their minds and hearts were nurtured with the Islamic creed. Thus, it is no wonder that this Shariah ruling performs its role in establishing military discipline based on obedience and proper conduct, as long as this discipline is, in the end, what the Islamic creed dictates to its followers. ¶

Whenever gaps or deviations are observed in this discipline, they are addressed according to the underlying flaw that caused them. If the flaw is in the creed, the person’s faith is rectified. If the flaw consists of reckless impulses, demonic whispers, or the like, it is addressed through disciplinary punishment. In summary, military discipline is a fundamental matter in the army that should not be compromised. The guarantee of its existence lies in the fact that obedience is a mandatory duty in the Shariah, just like prayer, and this obligation is what the Islamic creed dictates. If a flaw occurs in discipline, treatment proceeds according to the aforementioned explanation. ¶

2. The second point: Who must be obeyed in the Islamic army? ¶

Obedience, according to the Islamic system of governance, is due only to the Caliph of the Muslims or their Imam—the one who has assumed political authority through a legitimate (Shar’i) process. ¶

In Sahih Muslim, it is narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet (peace be upon him) said: "The Prophets used to manage the affairs of the Children of Israel. Whenever a Prophet died, another succeeded him. There will be no Prophet after me, but there will be Caliphs, and they will be many." They asked, "What do you command us?" He replied, "Fulfill the pledge of allegiance (bay'ah) to the first, then the next, and give them their due right, for Allah will question them about those under their guardianship." ¶

The right that must be granted to the legitimate Caliph is what the fulfillment of the bay'ah entails, which is obedience. ¶

In Sahih Muslim, it is narrated from Abdullah ibn Amr that the Messenger of Allah (peace be upon him) said: "There was no prophet before me who was not bound to guide his ummah to the best of what he knew for them, and to warn them against the worst of what he knew for them... Whoever pledges allegiance to an Imam, giving him the clasp of his hand and the fruit of his heart, let him obey him if he is able. Then if another comes to dispute with him, strike the neck of the latter." Accordingly, the Imam or Caliph of the Muslims is the holder of all authority in the land, including the command of the army. This is evidenced by the consolidation of mandatory obedience within the person of the Caliph or Imam in an absolute manner—within legitimate boundaries, of course. This mandatory obedience is general in all fields, including the command of the army, whether in external fighting against the enemy or internal fighting against those who deviate or rebel against authority. In this regard, it is stated in Sahih al-Bukhari and Muslim, on the authority of Abu Hurairah (may Allah be pleased with him): "The Imam is a shield; one fights from behind him and seeks protection through him." ¶

Imam al-Nawawi stated in his commentary on this hadith: "The Imam is a shield, meaning like a cover, because he prevents the enemy from harming the Muslims, prevents people from harming one another, protects the sanctuary of Islam, and is feared by people for his authority. The meaning of 'fighting from behind him' is that one fights alongside him against the disbelievers, rebels (bughat), khawarij, and all other agents of corruption, and is granted victory over them. The meaning of 'seeking protection through him' is that one is shielded by him from the evil of the enemy and the evil of the corrupt and oppressive." Hence, the true leadership of the army in Islam belongs to the Caliph of the Muslims; he is the supreme commander of the army and the armed forces, in deed and not just in name. He is the one who appoints or dismisses those who, on his behalf, manage this or that affair of the army and jihad, just as was the case during the time of the Prophet (peace be upon him) and the era of the Rightly Guided Caliphate. ¶

Furthermore, just as obedience is mandatory in the army to the supreme commander—that is, the Caliph of the Muslims—it is also mandatory to obey the commanders and leaders appointed by the Caliph, acting on his behalf within the scope of what has been entrusted to them. ¶