Table of contents

Chapter 62

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Thereafter, when the battle of Khaybar or Hunayn occurred... the Hadith, and it contains: The Prophet ﷺ shrouded him, then placed him forward and performed the funeral prayer over him. Among what appeared in his prayer over him was: 'O Allah, this is Your servant who went out migrating in Your path, and was killed as a martyr, and I am a witness for him' (1).

4. And in a Hadith with a Hasan (good) chain in Al-Hakim's Al-Mustadrak: 'From Anas, who said: On the day of Uhud, the Messenger of Allah ﷺ passed by Hamza ibn Abd al-Muttalib, who had been mutilated. He said: Were it not that Safiyyah (2) would grieve, I would have left him so that Allah might gather him from the bellies of birds and beasts. He shrouded him in a Namirah (3) such that if he covered his head (4), his feet appeared, and if he covered his feet, his head appeared, so he covered his head. And no funeral prayer was performed over any of the martyrs except him (5)! He said: I am a witness over you today. He would gather two or three in one grave, and would ask which of them was more learned in the Quran, then place him forward in the Lahd (niche), and he would shroud two or three men in a single garment (6).' (7).

5. And in a Sahih (authentic) Hadith in Ibn Majah: 'From Ibn Abbas, who said: They were brought to the Messenger of Allah ﷺ on the day of Uhud, and he began to pray over them ten by ten. And Hamza remained as he was; the others were being lifted, but he remained where he was.' (8).

(Note: The footnotes provide scholarly verification regarding the authenticity of these narrations by authorities such as Al-Hakim, Al-Albani, and others, as well as linguistic explanations for terms like Namirah and technical discussions on the funeral rites of martyrs.)

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Following this, these are the most prominent hadiths regarding the subject of performing the funeral prayer (janazah) for a martyr, or not performing it.

Second: The positions of the madhahib (schools of jurisprudence) and the jurists regarding the issue of the funeral prayer for the martyr, and their evidences from the Shariah texts.

- The majority of the Malikis, Shafi'is, and Hanbalis: They do not hold the opinion of performing the funeral prayer for the martyr.

- The Hanafis, some Shafi'is, and one narration from Imam Ahmad: They hold the opinion of performing the funeral prayer for the martyr. These are their positions and their evidences:

- Regarding the Hanafi school: It states in Tuhfat al-Fuqaha: "As for the prayer upon the martyr, it is obligatory according to us, contrary to Shafi'i, and our view is the correct one; because the Prophet (peace be upon him) performed the prayer upon the martyrs of Uhud" (1).

- Regarding the Maliki school: It states in al-Mudawwanah: "Malik said regarding the martyrs: Whoever dies on the battlefield, he shall not be washed, nor shrouded, nor shall the prayer be performed over him, and he shall be buried in his clothes." Then he cited the hadith of Jabir, which says: "And he commanded them to be buried, and they were not washed, nor was the prayer performed over them" (2).

- Regarding the Shafi'i school: It states in al-Majmu': "It is not permissible to wash the martyr or perform the prayer over him. Al-Muzani (may Allah have mercy on him) said: The prayer should be performed over him. Imam al-Haramayn, al-Baghawi, and others narrated a perspective: that it is permissible to perform the prayer over him, but not obligatory. Then al-Nawawi says: The (established) school of thought is what was previously mentioned, of the firm ruling on the prohibition of both the prayer and the washing. Its evidence is the hadith of Jabir" (3).

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And in the Hanbali school: It is stated in Al-Mughni by Ibn Qudamah: "As for the funeral prayer (Salah) over him, the correct view is that the funeral prayer should not be performed over him. This is the view of Malik, Al-Shafi'i, and Ishaq. From Ahmad, there is another narration that the funeral prayer should be performed over him, which was chosen by Al-Khallal, and it is also the view of Al-Thawri and Abu Hanifah. However, Ahmad's words in this narration suggest that performing the prayer over them is recommended (mustahabb) rather than obligatory (wajib). Then, he presented evidence for this narration, saying: It is narrated from Ibn Abbas that the Prophet ﷺ performed the funeral prayer over the martyrs of Uhud. He followed this by saying: And our evidence is what Jabir narrated, that the Prophet ﷺ ordered the martyrs of Uhud to be buried in their blood, and he did not wash them, nor did he perform the funeral prayer over them. This is an agreed-upon (Muttafaq 'alayh) hadith." (1)

This is what has been stated in the schools of jurisprudence regarding the funeral prayer over the martyr. Thirdly: The opinion that we favor regarding the issue of the funeral prayer over the martyr, based on the strength of the evidence: Jurists have a long discussion regarding the views and the hadiths reported in this regard, and we will summarize this in the following points: A- The hadith of Jabir in Sahih al-Bukhari, which denies the funeral prayer over the martyrs of Uhud, is the strongest hadith on this issue in terms of authenticity (thubut). Similar to it is the hadith of Uqbah bin Amir in Sahih al-Bukhari and Muslim, concerning the prayer over the martyrs of Uhud eight years after their death. As for the hadith of Uqbah, it is clear that it does not pertain to the subject of funeral prayer before burial; because this mentioned prayer took place eight years after the martyrs were buried. Explaining the meaning of this prayer, Al-Nawawi said: "The meaning of 'Salah' here is supplication (du'a). And his statement: 'He prayed over the deceased,' means: He supplicated for them like the supplication of the funeral prayer." (2) Al-Tahawi, from the Hanafis, also said regarding the meaning of the hadith of Uqbah: "The meaning of his (ﷺ) prayer over them cannot be free of three meanings: either it is a repealing (nasikh) text for the previous instruction of not praying over them, or it was their practice not to pray over them except after the mentioned period, or that prayer over them is permissible, unlike others for whom it is obligatory. In any case, it is proven by his prayer over them that prayer over martyrs [is possible]..." Then Ibn Hajar, who is from the Shafi'i school, says while commenting on what was said:

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Al-Tahawi, among the Hanafis, states that the Prophet's (PBUH) performance of the funeral prayer over them allows for other possibilities; one is that it was among his specific prerogatives (khasa'is), and another is that it was in the sense of supplication (du'a), as previously mentioned. Ibn Qudamah stated: 'The hadith of 'Uqbah is specific to the martyrs of Uhud; for he prayed over them at their graves after eight years.'

I say: In any case, the hadith of 'Uqbah does not pertain to the issue of performing the funeral prayer over a martyr before his burial, which is the matter we are currently addressing. We are left on this point with the authentic hadith of Jabir regarding the negation of the funeral prayer over the martyrs of Uhud.

B - We have some ahadith on this matter which have been declared authentic by some contemporary scholars of hadith... They indicate that the Prophet (PBUH) did perform the funeral prayer over the martyrs. Among these is the hadith of Shaddad bin al-Had, in which it is mentioned that the Prophet (PBUH) prayed over the martyred Bedouin, and the hadith of Ibn Abbas regarding performing the funeral prayer over the martyrs of Uhud in groups of ten.

- As for the hadith of Shaddad bin al-Had, there is an indication in Al-Nawawi's 'Al-Majmu'' that it is among the most relevant narrations regarding the funeral prayer over martyrs. However, its defect is that the narrator of the hadith (Shaddad bin al-Hadi) is a Tabi'i, not a Companion (Sahabi). This means it is a mursal hadith, i.e., it cannot be used as evidence.

I say: It appears that Shaddad bin al-Had is a Companion, not a Tabi'i. His biography is included among the Companions in my books 'Al-Isti'ab' and 'Al-Isabah'. Therefore, this is a continuous (muttasil) hadith; its narrator is a Companion and it is not a mursal hadith. Thus, it is suitable to be used as evidence.

- As for the hadith of Ibn Abbas regarding performing the funeral prayer over the martyrs of Uhud in groups of ten... it is...

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The assertion of its authenticity conflicts with the hadith of al-Bukhari which denies the performance of the funeral prayer over martyrs, as in the hadith of Jabir. Therefore, since the event is singular and both hadiths are authentic—assuming the validity of the opinion regarding the performance of the prayer over them as previously mentioned—the matter requires an explanation to resolve the ambiguity.

Imam al-Kasani, from the Hanafi school, says in interpreting this contradiction: "It is said that he [i.e., Jabir, who denies the prayer over the martyrs of Uhud] was preoccupied that day, as his father, brother, and maternal uncle had been killed. He returned to Medina to manage their burial, so he was not present when the Prophet ﷺ prayed over them, which is why he narrated what he narrated. As for those who witnessed the Prophet ﷺ, they narrated that he did pray over them; then Jabir heard the herald of the Messenger of Allah ﷺ announcing that the fallen should be buried where they fell, so he returned and buried them there."

Based on this explanation, it is said: The testimony of affirmation—that is, the affirmation that the Prophet ﷺ prayed over the martyrs—is given precedence over the testimony of negation. This is due to the possibility that the one who negates the report encountered an impediment that prevented him from knowing what others had come to know.

However, Imam al-Nawawi addresses this principle as follows: "Our companions answered that a testimony of negation is only rejected when the witness does not have comprehensive knowledge of the matter and it is not circumscribed. As for that which is within the scope of the witness's knowledge and is limited, it is accepted by consensus. This is a specific incident which Jabir and others had knowledge of. As for the narration of affirmation, it is weak; thus, its existence is as if it were non-existent."

I say: It appears that Jabir, may Allah be pleased with him, did not have full awareness of what pertained to the martyrs of Uhud, as Imam al-Kasani indicated. Moreover, some narrations suggest he was not even present at the battlefield of Uhud when the Muslims began preparing the martyrs after the battle. In Musannaf Ibn Abi Shaybah: "From Jabir, he said: My father (Abdullah) said to me: 'O my son! Had it not been for the young daughters I am leaving behind—sisters and daughters—I would have loved to go forward and be martyred! But you stay behind with those remaining in Medina.' He said: I had not waited long before my aunt arrived with them both as martyrs—meaning his father and uncle—having brought them on a camel."

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In summary: Based on the preceding discussion regarding the authenticity of the hadith of Shaddad bin al-Had concerning the funeral prayer (salat) over a martyred Bedouin in a battle other than Uhud, and based on the reported authenticity of performing the funeral prayer over the martyrs of Uhud; and given the fact that reports are not widely transmitted (istifadah) regarding the continuous performance of the funeral prayer over martyrs in every battle and war during the Prophetic era or the era of the Rightly Guided Caliphs—and such a matter is usually transmitted through mass-narration (tawatur) or widespread reporting because it is not something that would remain hidden from the entire army, even if it could be hidden from some—I say: Based on the foregoing, it is my considered opinion that it is permissible to perform the funeral prayer over martyrs, just as it is permissible to forgo it. This is the view preferred by Imam Ibn Hazm, although he relied for the permissibility of performing the prayer over martyrs on the hadith of Uqbah concerning the prayer over the martyrs of Uhud eight years after their burial. It has already been stated that this hadith does not pertain to the issue of the prayer over the martyr before his burial. Ibn Hazm says: 'If the prayer is performed over him [the martyr], it is good, and if the prayer is not performed over him, it is good...' (Al-Muhalla by Ibn Hazm: 5/115). With this, we conclude this point regarding the issue of the funeral prayer for the martyr, and we move to another point. The Fourth Point: What is the ruling on moving a martyr to be buried in a location other than the one where he was martyred? We shall address this point in the following manner: First: Where should martyrs be buried according to the Prophetic Sunnah? Second: The opinions of the jurists on the ruling of transferring a deceased person or a martyr to a location other than where they died for the purpose of burial. First: Where should the martyr be buried as per the Prophetic Sunnah? It is narrated in Sunan al-Tirmidhi and others: 'On the authority of Jabir, he said: When the day of Uhud came, my aunt came...'

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For your father, so that you may bury him in our graveyards. So the announcer of the Messenger of Allah (ﷺ) called out: 'Return the slain to their resting places (masari').' - And in Sunan al-Nasa'i and others: 'From Jabir bin Abdullah, that the Prophet (ﷺ) ordered that the slain of Uhud be returned to their places of death, even though they had been moved to Medina!' And in a narration by al-Nasa'i, from Jabir: 'That the Prophet (ﷺ) said: Bury the slain in their places of death.'

This is some of what has been reported in the Prophetic Sunnah regarding: Where should the martyrs be buried? From this, Ibn al-Qayyim concludes: 'The Sunnah regarding the martyrs is that they should be buried in the places where they fell, and should not be transferred to another location.'

Furthermore, it appears that the intended meaning of the word 'masari'' (places of death) of the martyrs, or their 'madaji'' (resting places) - where they ought to be buried - is the battlefield in a general sense, provided it is suitable for burial. It does not mean that every martyr must be buried precisely in the exact spot where they fell. This is evidenced by the fact that two or three martyrs of Uhud were buried in a single grave, and it is known that the spots where these martyrs fell may have been distant from one another, so they were moved closer to each other to be buried in one place. This applies if the battlefield or combat zone is suitable for burying martyrs.

- However, if the place where the martyrs fell is not suitable for burial, such as if they were martyred while fighting on rooftops or balconies, or in city streets (for example, when they serve as a battlefield), or as is the case with combatants at sea when they are martyred - then in such circumstances, it is natural that they be moved to the nearest place suitable for their burial. The exception is if there is a fear of the bodies decomposing, in the case of naval martyrs, where it is difficult to reach land for burial; in such cases, they are committed to the sea such that they sink to its depths.

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Second: The opinions of jurists (Fuqaha) regarding the ruling on transferring a deceased person or a martyr to a location other than the one where they died. We will present the opinions of the jurisprudential schools on this issue—briefly—limiting ourselves to what is relevant to this research, to clarify the ruling regarding the customary practice of transferring martyrs, or some of them, from the place where they were martyred to their home countries or similar locations. The summary of what we will present is that the majority of jurists are lenient regarding the transfer of a deceased person—in general—from the place of death to another place for burial... whereas the Shafi'is consider this prohibited according to the more reliable (rajih) opinion among them... with some details on the matter that will become clear from the following statements of the jurists: - In the Hanafi school: Regarding the transfer of a deceased person—in general—to another city, the following is stated: “There is no harm in moving him before his burial. It is said: absolutely (without restriction). And it is said: up to a distance less than the duration of a journey. [Muhammad] [ibn al-Hasan] restricted it to the distance of one or two miles; because the graveyards of the city might have reached this distance, so it is disliked (makruh) beyond that” (1). - In 'Al-Siyar al-Kabir' and its commentary, regarding the Prophet’s (PBUH) command to bury the fallen at their places of death, it states: “This is recommended (hasan), not obligatory. The Messenger of Allah (PBUH) did this because he disliked causing hardship to them... He said: If he is moved a mile, or two, or something similar, there is no harm in it...” (2). - In the Maliki school: The general ruling regarding the transfer of the deceased states: “There is no harm in transferring the deceased from one city to another if he has not yet been buried” (3).

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In the Shafi'i school: It is stated in al-Minhaj and its commentary, Mughni al-Muhtaj: "It is forbidden to transport a deceased person to another city. It is also said that it is disliked, unless the destination is Makkah, Madinah, or Bayt al-Maqdis, as explicitly stated by Imam al-Shafi'i (may Allah have mercy on him). . . Zarkashi said: 'The martyr should be an exception [meaning: regarding the prohibition of transporting them to the mentioned holy places, even if they were martyred near them] due to the report from Jabir...'" (1) This refers to burying the slain in the places where they fell, as previously mentioned.

In the Hanbali school, Ibn Qudamah says: "It is recommended to bury a martyr where he was killed. Ahmad said: 'As for the slain (martyrs), they are subject to the hadith of Jabir... As for others, a deceased person should not be transported from his city to another, unless there is a valid purpose...' He then adds: 'Ahmad said: I see no harm in transporting a person who died in his city to another city.'" (2)

I say: What appears from the discourse of the jurists is that they interpreted the Prophet's (peace be upon him) command to bury the martyrs where they fell as an act of recommendation (istihbab). Furthermore, the majority do not view the transportation of a deceased person—generally—before burial to another city for a valid reason as haram (forbidden); for instance, to be near his relatives so they may visit his grave, or to bury him in a graveyard for the righteous, and so on.

Furthermore, in my view regarding this issue, there is no explicit Shar'i text ordering that one must be buried in the exact location where they died. It is established that the Companions did not object to the transfer of Sa'd ibn Abi Waqqas and Sa'id ibn Zayd from al-'Aqiq (3)—where they had passed away—to be buried in Madinah, despite them being among the ten promised Paradise (4). All of this indicates that such a transfer carries no harm, as long as it does not lead to a violation of Shariah, or...

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which leads to a corruption (mafsada). Although it is better that he be buried in the place where he died, as is required by the original principle of hastening the burial of the deceased (1), and in light of some hadiths that speak enviously of the one who dies outside his homeland (2).

However, this applies to the deceased in general. As for the martyr (shaheed), the order of the Prophet (ﷺ) was issued to bury the martyrs of Uhud in their places of death, as previously mentioned. This order was not motivated by sparing the mujahideen the hardship of transporting them to their hometown; the proof is that some martyrs had already been transported to Medina to be buried there, as their families thought there was no harm in it. Despite this, the Prophet (ﷺ) ordered them to be brought back from Medina to the place where they were martyred to be buried there. Such a command, combined with these indications, must denote a firm request (jazm), and even if it does not prove the obligation (wujub) of burying the martyr where he was martyred, it is at the very least a confirmed Sunnah (mandub) in Islam, and it is not appropriate to abandon the Sunnah if it is possible to follow it.

With this, we conclude this point regarding the transfer of martyrs to a place other than where they were martyred, to proceed to the final point concerning the necessary handling of the martyr regarding his preparation for burial. Fifth point: Is it permissible to bury a number of martyrs in one grave?

In answering this question, we need only present the Shariah texts related to this issue.

It is stated in Sunan al-Nasa'i: "From Hisham bin Amir, who said: We complained to the Messenger of Allah (ﷺ) on the day of Uhud, saying: O Messenger of Allah! Digging graves for us is very difficult. The Messenger of Allah (ﷺ) said: Dig, make them deep, make them good, and bury two or three in one grave. They asked: Whom should we put forward, O Messenger of Allah? He said: Put forward the one who knows most of the Quran. Thus, my father was one of three in one grave" (3).

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And in a narration by Ibn Majah: 'Dig [the graves], make them wide, and make them good.'

In accordance with this Hadith regarding collective burial during necessity, it is recorded that the leaders of the Battle of Mu'tah from among the Muslims who attained martyrdom were buried in one grave. They were Zayd ibn Harithah, Ja'far ibn Abi Talib, and Abdullah ibn Rawahah, may Allah be pleased with them.

During the era of Islamic conquests, martyrs were numerous in the Dar al-Harb (territory of war). Imam Ahmad ibn Hanbal was asked how they should be buried, and he replied: 'A trench-like pit should be dug, the head of one positioned at the feet of the other, and a partition should be placed between them so that one does not cling to the other.'

With this, we conclude the fifth issue in this research and move on to the final issue.

Issue Six: The Conduct Due Towards the Family of the Martyr After His Passing.

My intention in raising this issue is not merely to place it on the table of jurisprudential discussion; rather, in some states today, manifestations of concern for the martyr and his family after his passing are becoming prominent, and perhaps this is being presented as an achievement in which those states have preceded others. Therefore, I wanted to isolate this topic as an independent issue to see: Has Islam, in terms of its commandments and its state, granted the martyr's family after his death honor and care in practical life—whether in the moral or material sense? Or is this truly one of the 'virtues' of the modern era?

Having previously learned how Islam honored the martyr, we will now learn how his family is honored after him.

In reality, there is no separation between this honor and that; for part of honoring the martyr is to honor his family after him... and part of honoring this family is for their martyr himself to have a constant presence on all levels.

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At the level of the Ummah and the officials in the state, it means that they all should feel that they have lost a person dear to them, and that his falling [martyrdom] was not merely a passing event that went unnoticed by anyone.

In this situation, the family of the martyr feels that the martyr they have lost was something precious to the Ummah and the state—worthy of appreciation and concern—and that the Ummah and its officials have not denied them what they have offered.

This relates to the moral aspect of honoring; there is also an aspect of honoring that takes a material form.

The martyr may have a father and mother who are left vulnerable after him. He may have a wife who needs someone to reassure her in facing life and its responsibilities after the absence of her husband, especially if she has children who have become orphans, as she has become a widow, and they all need someone to provide for them and offer them all the requirements for a decent life.

Furthermore, we will not delve into the moral honors for the families of martyrs—what they are in Islam and in the Islamic state? Do they resemble those manifestations adopted by modern states, such as appointing a day in the year to celebrate the memory of those martyrs, or prioritizing the members of those families in official invitations, and the like?

Similarly, we will not enter into the details of material honoring and economic care for those families. Should they continue to receive the same salaries and provisions their martyrs received... sufficient to meet their needs without shortage... as if the martyr were still present and not absent from sight? Or should the state open its treasury to them through the gate of Zakat, so they may take whatever they need, provided they are in need [of assistance]?

I say: We will not engage in the discussion of this issue—neither regarding the moral honor of the martyrs' families, nor the details of material honor and economic care—how it should be organized? We will only provide here, excerpts.

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Among the texts recorded in the books of Sunnah and the references of Islamic jurisprudence are those that demonstrate how this honor—in both its forms—was conducted during the Prophetic era and the Rightly Guided Caliphate, at a time when Islam held the reins of state policy and oversaw the affairs of the Ummah across various fields.

Now, let us turn to those texts to which we have alluded, so that we may live in an atmosphere fragrant with the true honoring of the martyr and the sincere care for his family after him.

1. Regarding the reminder to the Ummah to feel the loss of every martyr among them, and so that a bereaved family—in the midst of their grief for their martyr—does not forget that there are other martyrs whose loss deserves to be felt just as they feel the loss of their own. The relatives of those other martyrs are as much in need of consolation as they are. Concerning this meaning, the following has been narrated: “Ata bin Yasar narrated that the Messenger of Allah (ﷺ) passed by the women of Banu Al-Ashhal after returning from (the Battle of) Uhud and heard them weeping for those among them who were martyred at Uhud. The Messenger of Allah (ﷺ) said: ‘But Hamzah has no one to weep for him!’ Sa’d bin Mu’adh heard this, so he went to the women of Banu Al-Ashhal and ordered them to go to Hamzah’s house and weep for him. They went and wept for him. The Messenger of Allah (ﷺ) heard their weeping and asked: ‘Who are these?’ It was said: ‘The women of the Ansar weeping for Hamzah!’ The Messenger of Allah (ﷺ) went out to them and said: ‘Do not weep further, may Allah be pleased with you, your children, and your children’s children!’” In another narration: “I did not intend that,” and he forbade wailing.

2. Regarding offering condolences to the family of a martyr and acknowledging the good service the family and its martyr provided to Islam, the following is narrated: “Al-Sha’bi said: When news of the martyrdom of Ja’far bin Abi Talib reached the Messenger of Allah (ﷺ), he left his wife (Asma bint Umays) until her tears flowed and some of her grief subsided. Then, he went to her, offered his condolences, called for Ja’far’s children, and prayed for them. He prayed for Abdullah bin Ja’far that he be blessed in his business dealings, and thereafter, he would not make a trade without profiting. Asma said to him: ‘O Messenger of Allah! These people claim that we are not from...’”

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to the Muhajirun (1), he said: 'You are mistaken; you have two hijrahs (migrations): you migrated to the Negus (Najashi), and you migrated to me (2).'

3 - Regarding the constant remembrance of the martyr before those in authority and the Ummah on every occasion, and praising him before his family members: It is narrated that Waqid bin Amr bin Sa'd, the grandson of Sa'd bin Mu'adh (who was martyred after being struck by an arrow in the Battle of the Trench), and who was, like his grandfather, handsome and tall among men, said: 'I entered upon Anas bin Malik. He said: Who are you? I said: I am Waqid bin Amr bin Sa'd bin Mu'adh. He said: May Allah have mercy on Sa'd! You truly resemble Sa'd. Then he said: May Allah have mercy on Sa'd! He was among the most handsome and tallest of people. He then said: The Messenger of Allah (peace be upon him) sent a message to Ukaydir of Dumah (3). He sent back a jubbah (garment) woven with gold! The people began to touch the jubbah and wonder at it. He (the Prophet) said: Are you wondering at this? They said: O Messenger of Allah! We have never seen a garment more beautiful than this! He said: By Him in Whose hand is my soul! The handkerchiefs of Sa'd bin Mu'adh in Paradise are more beautiful than what you are seeing!' (4).

4 - Regarding the Muslim looking after the family of the martyr in the best manner, committing to support his family with sincere compassion, extreme tenderness, and frequent visits to check on their needs, in a way that wipes away the impact of the tragedy from the afflicted. I say: Regarding this noble behavior, it is stated in Sahih al-Bukhari and Muslim: 'From Anas (may Allah be pleased with him), that the Prophet (peace be upon him) would not enter any house in Madinah except for the house of Umm Sulaym, other than his own wives. When asked about this, he said: I have compassion for her, for her brother was killed with me (5)' (6).

It is stated in Fath al-Bari: 'The Prophet (peace be upon him) used to comfort the heart of Umm Sulaym by visiting her, and he would explain this by saying...'

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His brother was killed with him, and this demonstrates that he (the Prophet ﷺ) took care of his family after his passing in the best manner, which is a testament to the Prophet’s ﷺ excellent loyalty to his covenants.

5. Regarding the concern for the martyr's family, reassuring his widow, and the state’s commitment to bearing their financial burdens and caring for their children—in this regard, another aspect of the story of the family of the martyr Ja'far ibn Abi Talib, which was previously mentioned, states that when the Prophet ﷺ went to Ja'far’s wife to offer his condolences, he said to her: 'Bring my nephews to me.' She brought three boys who looked like young birds! He called for a barber and had their heads shaved. He then said: 'As for Muhammad, he resembles our uncle (Abu Talib); as for 'Awn, he resembles my physical appearance and character; and as for 'Abdullah...'—he took his hand and raised it, then prayed: 'O Allah, bless his right hand in his trade.' Their mother began to feel joy for them, and the Messenger of Allah ﷺ said to her: 'Do you fear for their destitution when I am their guardian in this world and the Hereafter?'

6. Regarding individuals of high status and influence in the nation and the state accepting the guardianship of the orphans of martyrs, raising them in their own homes, treating them like their own children (or even better), playing with them, and showering them with love—within the framework of these intimate and beautiful meanings, the story of Sa'd ibn al-Rabi' al-Ansari, who was martyred in the Battle of Uhud, mentions that he entrusted the guardianship of his family after him to Abu Bakr al-Siddiq (may Allah be pleased with him).

During the caliphate of Abu Bakr al-Siddiq, it is reported that: 'A man entered upon Abu Bakr while the daughter of Sa'd was on his lap, and he was kissing her. The man asked: O Caliph of the Messenger of Allah! Is this your daughter? He replied: No, rather she is the daughter of a man who is better than me! The man asked: Who is this person who is better than you after the Messenger of Allah ﷺ? He said: Sa'd ibn al-Rabi'. He was one of the Nuqaba (chieftains) on the Day of 'Aqaba, he witnessed Badr, and he was killed on the Day of Uhud!'

7. Islamic jurisprudential references from the classical tradition consistently emphasize the aspect of financial support and fulfilling the living requirements of the families of martyrs and mujahideen in general... these families whose members serve in the ranks of the army and the armed forces, in order to...

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Jihad in the path of Allah, and the stationing (ribat) at the frontiers and borders to protect Muslims and their lands from any aggression.

Here, we will not dwell at length on quoting jurisprudential texts from the books of the Madhahib (schools of thought) on this issue, as they all revolve around identical or similar ideas and rulings regarding the matter at hand. We will suffice with excerpts from Al-Shirazi’s 'Al-Muhadhdhab' and Ibn Qudamah’s 'Al-Mughni' to clarify the dimensions of providing material support for the families of the Mujahideen and the martyrs.

It is stated in 'Al-Muhadhdhab': 'It is appropriate for the Imam to establish a register (diwan) in which the names of the combatants and the amount of their provisions are recorded. It is recommended to appoint a supervisor (arif) for each group, because the Prophet (PBUH) appointed a supervisor for every ten men in the year of Khaybar, and because there is a public interest (maslahah) in this, as the supervisor manages their affairs and gathers them at the time of distribution and the time of expedition. The provision is given once or twice a year. Then he says: It is divided among them according to their sufficiency, for they have spared the Muslims the burden of Jihad, so it is incumbent that they be spared the burden of sustenance. The Imam must consider the number of their dependents at the time of distribution, for it may increase or decrease, and he must be aware of the market prices and what they need in terms of food and clothing, as prices may rise or fall, so that their provision is according to their need.'

Furthermore, it is stated in 'Al-Mughni' on the same subject: 'The judge said: The extent of their need and sufficiency is determined; the portion of those with children is increased due to their children, and the portion of those with horses is increased due to their horses. The prices in their respective regions must be considered, for prices differ from one city to another, and the goal is sufficiency.' He then adds: 'Whoever dies among the soldiers of the Muslims, the amount of his sufficiency is given to his wife and young children, because if his offspring were not provided for after him, he would not be able to devote himself to fighting, fearing for their ruin. But when he knows they will be provided for after his death, it becomes easy for him.' For this reason, Abu Khalid al-Hana'i said: My daughters have increased my love for life; for they are among the weak. I fear they might see poverty after I am gone, and drink turbid water after having had clear water.'

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And if the slave girls are clothed, the eye turns away from nobility and emaciation. And were it not for that, I would have prepared my stallion for war, though the Most Merciful is sufficient for the weak. Ibn Qudamah continued: When their male children [meaning those of the martyred fighters] reach puberty and choose to be among the fighters, a share [i.e., a sufficient portion of the stipend] shall be allotted to them; if they do not choose this, they are left to their own devices, and whoever leaves the ranks of the fighters, his right to the stipend is forfeited. In conclusion, this is a portion of what pertains to the necessary care and mandatory conduct required toward the family of the martyr after his passing. With this, we reach the end of the issues discussed in this research, and simultaneously reach the conclusion of the first chapter of the fifth section we are currently in. We now turn — by the help and guidance of Allah — to the second chapter of this section.

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Following that, he passed away. His blessed birth took place in the year 1085 AH. His noble father's name was Maulana Muhammad Yusuf (may Allah have mercy on him). He was a scholar who embodied both the outward (exoteric) and inward (esoteric) sciences. Before his birth, his honorable father dreamt that a lamp had been lit in his house, the light of which illuminated the entire world. He received his primary education from his esteemed father. He was intelligent and gifted from childhood, completing his studies of the conventional sciences at a very young age. He was a great scholar and a perfect saint (wali) of his time. Hundreds of people attained guidance by sitting in his company. His books remain popular among both the common people and the elite to this day. He dedicated his entire life to the propagation of Islam and the reformation of the people. He passed away in 1174 AH, and his blessed shrine in Delhi is a center of attraction for the masses. May Allah Almighty elevate his ranks and grant us the ability to follow in his footsteps. Amen.

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Chapter Two: Treatment of Enemies in War. Section One: Rulings concerning non-combatants among the enemy. Section Two: The ruling regarding spies from the dar al-harb (enemy territory). Section Three: The use of deception and disinformation in war against enemies. Section Four: The corpses of the enemy.

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Table of Contents 1. Introduction: On the importance of understanding the history of thought 2. Part One: An introduction to understanding thought and intellect 3. Part Two: The evolutionary course of thought over time 4. Part Three: Explaining the status of knowledge and rationality 5. Part Four: The relationship between religion and the domain of thought 6. Afterword: On the continuity of thought and future prospects 7. Index and Glossary