Chapter 95

Tenth - Index of Subjects and Fiqh Terminologies ¶

- Killing: Rulings regarding prisoners of war / 1544. - Relative: Pursuing the enemy and killing them, even if they are a blood relative of the Muslim fighter / 933. - Highwaymen: Fighting highwaymen (al-muharibeen - those who wage war against society) / 71. - Rules: Military regulations / 1639. - Letters: - The letters of the Prophet (PBUH) to kings and princes, and their relation to Jihad / 525. - Texts of the Prophet’s (PBUH) letters / 351, 464, 479, 531, 533, 703, 795, 796, 1061, 1442, 1445. - Lying: Lying in war / 1291. - Clear Disbelief (Kufr Bawah): - What constitutes clear disbelief? / 130. - Deviations under a system that approves of them constitute clear disbelief, as opposed to their appearance under a system that does not approve of them / 131. - Contemporary Islamic countries and clear disbelief / 136. - Chemistry: Chemical weapons / 1359. - Wealth (al-Mal): - Fighting the enemy with the intention of acquiring wealth / 270. - Using wealth as a means of encouragement in Islam / 1443. - The obligation of Jihad with wealth / 1078. - Duels (Mubaraza): Ruling on engaging in duels with enemies / 912, 922, 932. - Duration: The time period granted to states and nations to determine their stance on the call to Islam or acceptance of Islamic rule / 812. - Woman: It is permissible for her to be accepted into the military and go out for Jihad, even if she is not under the obligation of Fard al-Kifayah (communal obligation) for Jihad / 996. - Once: Performing Jihad at least once a year is what discharges the Fard al-Kifayah from the Muslims, though we do not see a specific limit / 864. - Aid: Military aid (giving and receiving) / 1619. - Protected Persons (Musta'minun): Defending those who have been granted protection (musta'minun) in the Abode of Islam (Dar al-Islam) / 700. - External Interests: External interests are an ancient cause for combat / 25. - Invalidated Interests: Among the interests invalidated in Shariah is committing suicide to escape suffering / 1406. ¶

1881 ¶

Tenth - Index of Subjects and Jurisprudential Terms: ¶

- Egypt: - Ancient Egypt until the Islamic conquest (an overview of its military history) / 8. - The conquest of Egypt by the Sahaba (may Allah be pleased with them) / 723. - Mustafa Kemal: - And his dismantling of the Islamic Caliphate / 1116. - Preferred Interest (Maslaha al-Rajihah): - When the preferred interest lies in refraining from fighting the enemy / 934. - Treatment (Mu'amalah): - Treatment of members of the Islamic army / 1093. - Treatment of enemies in war / 1239. - Reciprocity (Mu'amalah bil-Mithl): - Reciprocity regarding the mutilation of enemy corpses / 1304, 1310, 1314. - Reciprocity regarding the use of nuclear bombs / 1354. - Reciprocity regarding the enslavement of captives / 1424. - Reciprocity regarding the enslavement of prisoners of war / 1551. - Ma'an: The Islam of Farwah al-Judhami, governor of Ma'an on behalf of the Romans, and his killing at their hands / 501, 796, 798. - Treaties (Mu'ahadat): - Treaties with other states are lawful, based on interest, and are not among the original options / 806. - Treaties, their definition, legality, fulfillment, and the reasons and purposes for concluding them / 1472. - Treaties conditional upon the payment of tribute [ransom] to the Muslims / 1483. - Treaties conditional upon the payment of wealth from Muslims to the infidels / 1488. - Other treaties according to circumstances / 1494. - Treaty-bound people (Mu'ahadun): - Defending treaty-bound people if they are present in the Abode of Islam (Dar al-Islam) against aggression / 701. - Adventurism (Mughamara): - Adventure and risk-taking in the attack of the few against the many / 234. - Avoiding adventures that do not yield significant benefit / 1126. ¶

1882 ¶

Tenth - Index of Topics and Jurisprudential Terms ¶

- Usurper (Mughtasib): Fighting those who usurp power / 165. - Concepts (Mafahim): - Jahili (pre-Islamic/ignorant) concepts that incite fighting / 19. - Concepts and emotions created by rulings linked to creed, and their role in determining behavior / 1098. - Combatants (Muqatilun): Who are the combatants and non-combatants among the enemy in ancient and modern wars? / 1241. - Military corridors: Contracting with other states regarding military corridors in Muslim lands / 1652. - Favor (Mann): Showing favor (granting amnesty/releasing) to prisoners is among the rulings regarding their rights / 1539. - Discussion (Munaqasha): The correct method for debating non-Muslims on subsidiary Islamic issues / 1621. - Organizations: Combat organizations in the Islamic world / 1671. - Vices (Munkarat): - Rulings on forbidding vice (Inkar al-Munkar) / 93. - If the perpetrator of the vice holds authority in the country / 96. - Levels of forbidding vice that precede fighting / 103. - Fighting against the perpetrators of vice / 105. - Burial (Muwara): Burial of enemy corpses / 1315. - Balance of power: [See: Balance of Power / 1185, 1186]. - Fire (Nar): - Firepower (weapons) / 1265, 1350. - Fire of intimidation / 1627. - Fire of alliance / 1630. - Women (Nisa): - Fighting enemy women / 923. - Women, the army, and Jihad / 1013. - Permissibility of women fleeing during combat / 1182. - Advice/Counsel (Nush): Permissibility of seeking counsel from enemy kings / 1634. - Victory (Nasr): - Victory and defeat, and their causes / 1565. - Support (Nusrah): [Support for the Da'wah by protecting its dissemination, and support for it by handing over power to it]: 1883. ¶

Tenth: Index of Topics and Jurisprudential Terms - Characteristics distinguishing 'Nusrah' (support) and the request for it during the third stage of Da'wah in the Meccan period / 406. - Nusrah is sought for two purposes: 1- To protect the propagation of the Da'wah. 2- To take hold of the reins of power based on the Da'wah / 208. - Texts on Fighting (Nusus al-Qital): Shar'i texts regarding combat, the general and the specific, the absolute (mutlaq) and the qualified (muqayyad), and the abrogating and the abrogated (nasikh wa mansukh) / 615. - System: The New World Order / 1622, 1715. - Hypocrisy (Nifaq): - Why did the Prophet (PBUH) keep the hypocrites in his army? / 1112. - Violation (Naqd): - Violation of treaties between states is an ancient cause for war / 26. - Forcing treaty-bound states to violate their treaties, then using that as a pretext to fight them / 27. - Plunder (Nahb): The enemy's territory is a house of plunder (dar nahba), unless entry into it was under a guarantee of safety (aman), and a special opinion by Al-Shawkani / 277. - Prohibition of Fighting: The Imam's prohibition of fighting for defense or attack, and the position of the Muslims regarding that / 255. - Nuclear: Nuclear bombs and their use / 1347. - Neutron: Neutron bombs and their use / 1359. - Migration (Hijrah): [Rulings on migration from the Abode of Disbelief (Dar al-Kufr) to the Abode of Islam (Dar al-Islam), or elsewhere]. - Hijrah is obligatory in certain cases / 687. - Hijrah is recommended (mustahabb) in certain cases / 690. - Lapse of the obligation and recommendation of Hijrah in certain cases / 690. - Recommendation of residing in the Abode of Disbelief in certain cases / 691. - Prohibition of Hijrah from the Abode of Disbelief in certain cases / 691. - Attack (Hujum): - Jihad: Is it only a defensive war, or can it also be an offensive war? / 815. - Jihad in the case of offensive combat, and the balance of power between the two parties / 1184. - Truce (Hudnah): - See [Treaties: 806, 1472]. - According to Ibn Taymiyyah: It is permissible to conclude a truce absolutely or temporarily, and the temporary one is binding... As for the absolute, it is... 1884 ¶

Tenth - Index of Subjects and Jurisprudential Terms ¶

Ja'iz (Permissible) . . / 808 . - Interpretation of the words of al-Zuhri: When the truce [Treaty of Hudaybiyyah] took place, everyone with any intellect who was spoken to about Islam entered it / 811 . - Hazimah (Defeat): - Defeat, surrender, and captivity / 1527 . - Defeat of the enemy / 1529 . - Defeat of the Muslims / 1565 . - Causes of victory and defeat / 1565 . - Wajibat (Obligations): - Obligations of the Dhimmi (protected people) / 208 . - Duties of the army commander / 1122 . - Wahdah (Unity): - Fighting in ancient times to create unity for the people and the state, and to eliminate factors of fragmentation / 24 . - Fighting for the unity of Islamic lands / 323 . - The Shariah ruling on unity among Islamic lands / 327 . - The Shariah ruling on fighting to impose unity among Islamic lands / 352 . - Cases of fighting in the past to impose unity, or to restore it / 354 . - Cases of fighting in the present time to create unity / 357 . - Cases of fighting in the future for the sake of unity, when the Islamic state is established / 363 . - The International Situation: - The international situation in the Prophetic era, after the establishment of the Islamic state / 472 . - Wiqayah (Prevention): Preemptive war, from ancient wars / 27 . [See: 602] . - Wufuq (Stance/Obstruction): [Standing in the way of the Dawah (call) is among the reasons for fighting in Islam] . . - Standing in the way of the Dawah / 439 . - Modern opinion: Standing in the way of the Dawah is realized by posing a threat to the propagation of Islam / 743 . - Opinion of the jurists, including Ibn Taymiyyah and Ibn al-Qayyim: Indicates that standing in the way of the Dawah is realized by refusing to hand over power to the Muslims / 743 . - Wakalah (Agency): Proxy war in the Jahiliyyah (pre-Islamic) era / 29 . - Al-Yamamah: The Day of Yamamah / 242 . - Greece: Ancient Greek wars / 11 . 1885 ¶

Allah the Almighty says: (And judge between them by that which Allah has revealed, and follow not their vain desires). (Surah Al-Ma'idah: 49). He also says: (And whoever does not judge by what Allah has revealed, then it is those who are the disbelievers). (Surah Al-Ma'idah: 44). He also says: (And whoever does not judge by what Allah has revealed, then it is those who are the wrongdoers). (Surah Al-Ma'idah: 45). He also says: (And whoever does not judge by what Allah has revealed, then it is those who are the defiantly disobedient). (Surah Al-Ma'idah: 47). These verses are evidence that the establishment of Divine Governance and the implementation of the Islamic system of justice is a Fard Ayn (individual obligation). Whoever abandons the Law of Allah to judge according to laws of their own making is, in the sight of Allah, a disbeliever (kafir), a wrongdoer (zalim), and a defiantly disobedient person (fasiq). ¶

Table of Contents: ¶

Page: A: Introduction T: Research Outline Introduction (Tamheed): A brief overview of the history of wars before Islam and their motives (Contents of the Introduction) 5: A brief overview of the history of wars 5: Examples of wars during centuries of peace 6: Examples of wars during centuries of conflict 6: Nomadic raids on the Nile Valley and Mesopotamia 8: Ancient Egypt until the Islamic conquest 10: The Assyrian Empire 11: Greece, Alexander the Great, and his conquests 11: Post-Alexander, the establishment of the Roman Empire, and its conquests 11: The Persian Empire and its conflict with the Roman Empire 13: The Arabian Peninsula and a portion of its military history 14: And thereafter 14: Causes of wars before Islam 15: 1 - Essential livelihood needs 15: 2 - Greed and accumulation ¶

16 - Deterrence and Terror 16 - Vengeance and Retaliation 16 - Aiding the Oppressed Supplicant 18 - Washing Away the Insult of a Guest with Blood 18 - Zeal (Ghayrah) for Honor 18 - Acquiring Slave Girls for Boasting and Humiliating Others 19 - Imposing Control Over Others by Force 19 - Some Jahili (Pre-Islamic/Ignorant) Concepts Inciting Combat 20 - Obtaining Material Gains and Cheap Labor by Enslaving the Vanquished 20 - Religious Differences, Based Solely on Fanaticism or for Calling to the Truth 21 - Struggle for Power 21 - Conflict Over Strategically Important Lands 22 - Suppressing Revolts Within the Country and in Peripheral Provinces 23 - Interference in the Internal Affairs of Other Nations 23 - Domination of the World 23 - Differences in Lifestyle 24 - Creating Unity within the Nation and State, and Eliminating Factors of Fragmentation 24 - Liberating Lands from Foreign Occupation 25 - Greed for Inheriting Empires 25 - Restoring Balance with Adversaries 25 - Protecting the External Interests of the Country 26 - Violation of Treaties Between States 26 - Coercion into Entering Alliances 26 - Entrapping Allied States into Violating Their Treaties, Then Using Such Violations as a Pretext to Declare War Against Them 27 - Fear of the Adversary's Future Power, and Striking Before They Strengthen (Preventive or Preemptive War) ¶

28 - Eliminating separatist movements and usurpers of power in the peripheries of the state . . . 27 29 - Internal cleansing, i.e., purging the country of elements of civil strife and corruption, or those greedy for power . . . 28 30 - Proxy war . . . 29 Summary of the preceding causes . . . 29 ¶

Part One: Jihad and Other Types of Combat in Islam Chapter One: Definition of Jihad (Linguistic, Shariah-based, Customary, and Technical) . . . 33 Introduction to the definition . . . 35 Sources of the definition . . . 35 Meanings of terms in the Arabic language . . . 36 A - Jihad in the linguistic sense . . . 38 B - Jihad in the Shariah sense . . . 40 C - Jihad in the general customary sense . . . 44 D - Jihad in the specific customary sense . . . 45 ¶

Chapter Two: Types of Combat in Islam and which of them qualify for the Shariah definition of Jihad (An overview of the types of combat we will study) . . . 51 Section One: Combat against the apostates (Ahl al-Riddah) . . . 53 How is apostasy established? . . . 55 Ruling on apostates who are individuals under the authority of the state . . . 57 Ruling on apostate rebels against authority who are entrenched in one of the state's regions . . . 58 Is fighting apostates considered Jihad in the way of Allah? . . . 58 Section Two: Combat against the rebels (Ahl al-Baghy) . . . 61 Who are the rebels (Ahl al-Baghy)? . . . 63 What is the obligation in dealing with rebels? . . . 65 Is fighting the rebels considered Jihad in the way of Allah in the Shariah sense? . . . 66 ¶

Section Three: Combat against Muharibin (Highway Robbery or Hirabah) . . . . . . . . . . 71 Who are the Muharibin? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 What is the ruling regarding the Muharibin? . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Is combat against the Muharibin considered Jihad in the path of Allah? . . . . . . 74 ¶

Section Four: Combat to defend private sanctities: Life, Honor, and Property (i.e., Combat against Siyal/Aggression) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Introduction to the definition of Siyal and the general legal evidence for combat in defense of private sanctities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 What are private sanctities? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Combat in defense of private sanctities First: Combat in defense of life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 A - Defense of life - Mandatory (Wajib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 B - Surrendering to be killed and abandoning self-defense - Recommended (Mandub) . . 82 C - Surrendering to be killed - Permissible (Mubah) . . . . . . . . . . . . . . . . . . . . . . 83 Second: Combat in defense of honor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Third: Combat in defense of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 A - Defense of property through combat - Mandatory (Wajib) . . . . . . . . . . . . . . . . 84 B - Defense of property through combat - Permissible (Mubah) . . . . . . . . . . . . . . . 85 C - Refraining from defense of property through combat - Mandatory (Wajib) . . . . . 85 Is combat against the aggressors (Siyal) to defend private sanctities a form of Jihad? . . 87 ¶

Section Five: Combat in defense of public sanctities in Islamic society . . . . . . . . . 89 Introduction to the definition of public sanctities, and the general Shariah evidence for combat in their defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Points of discussion: First: Rulings on forbidding evil (Inkār al-Munkar) based on varying circumstances . . . 93 1 - The default rule for forbidding evil is that it is a collective obligation (Fard Kifayah) . . 93 2 - It may become an individual obligation (Fard Ayn) . . . . . . . . . . . . . . . . . . . . . . 93 ¶

94: 3 - Sometimes forbidding (inkar) is prohibited (haram). 94: 4 - Sometimes it is recommended (mandub). 95: 5 - If the act of forbidding results in harm that reaches those who are not committing the wrong. 96: 6 - Sometimes the perpetrator of the wrong is the holder of authority in the land. 96: A - It is mandatory to forbid with gentle speech. 96: B - Sometimes the use of harshness is recommended. 97: C - And sometimes harshness is prohibited. 97: D - It is prohibited to strike the ruler to prevent him from a wrong he is committing. 97: E - It is prohibited to use weapons against the ruler due to his immorality (fisq) or oppression (zulm). 98: The Shariah proofs for the previous rulings. - The obligation to work towards removing the ruler from power due to immorality or oppression - 100: through peaceful means. Secondly: The legitimacy of combat (qital) in forbidding wrongs, and the degrees of forbidding that precede combat - 103:. 103: 1 - Identifying wrongs without spying. 104: 2 - Alerting those who commit wrongs and admonishing them. 105: 3 - Striking those who commit wrongs. 4 - Combat against those who commit wrongs if necessary, and the issue of state permission regarding this - 105:. Thirdly: Is combat for the purpose of removing wrongs and defending public sanctuaries considered Jihad for the sake of Allah? - 108:. 111: Sixth Discussion: Combat against the ruler's deviation. 113: Discussion points: And the foundation upon which we rely in addressing this subject - 116:. Firstly: The ruler's deviation, what does it consist of? - By abandoning the commitment to Islam in his personal conduct, or in internal and external policy - 116:. ¶

(Examples of deviations mentioned in the Shar'i texts) - The ruler's commitment of sins. ¶

130. 2 - Individual apostasy from Islam without public censure. 131. 3 - The establishment of a governing system based on a doctrine of kufr (disbelief). - Clarification of the distinction regarding the emergence of deviations under a regime that acknowledges/sanctions them, versus their emergence under a regime that does not. 133. - Definitive evidence (daleel qat'i) is necessary to categorize an act as blatant kufr (al-kufr al-bawwah). - In cases of disagreement, the judiciary is to be consulted to rule on whether blatant kufr has manifested or not. 134. - When fighting against deviations is not legislated, how are they addressed in Islam? - Can we judge the current conditions of Muslim countries through the lens of the legitimacy of fighting against blatant kufr and similar matters? - Distinguishing between countries that are transitioning or have transitioned directly toward blatant kufr, and countries where blatant kufr has been established for a long time and the general Islamic atmosphere has faded from their environment. 136. - The lack of legitimacy for fighting to eliminate deviations in countries where blatant kufr has taken hold and the Islamic environment has weakened does not imply an abandonment of efforts to resume the Islamic way of life. 137. Third: Is the legitimate fighting against a ruler's deviation considered part of jihad in the path of Allah? 139. Seventh Discussion: Fighting of Fitnah (Civil Strife). 141. - The meaning of fighting of fitnah. 143. Situations of fighting of fitnah: 146. 1 - A situation where the party of truth is not distinguishable from the party of falsehood in the conflict. 146. 2 - A situation where both warring factions are oppressive. 146. 3 - The absence of an Imam (legitimate leader) who identifies the oppressive faction and calls for fighting against it. 146. 4 - A situation of fighting for the sake of political power (mulk). 147. ■ Fiqhi opinions on the ruling of fighting of fitnah, and the opinion we prefer. 147. First: The role of those dedicated to reform (Ahl al-Islah). ¶

Second: The ruling on combat during fitnah (civil strife) under varying circumstances. Point One: The ruling on a Muslim’s participation in fighting occurring between warring factions during fitnah. Point Two: The ruling on a Muslim’s self-defense when targeted by warring factions during fitnah. First Opinion: The prohibition of self-defense. Second Opinion: The legitimacy of self-defense. - The opinion we prefer. - Scholars' views on the ruling of surrendering and refraining from self-defense in the fighting of fitnah. 1- Self-defense is makruh (disliked). 2- Self-defense is mubah (permissible). 3- Refraining from self-defense is mandub (recommended). 4- Surrendering and refraining from self-defense is wajib (obligatory). 5- Self-defense is wajib. - The opinion we prefer. - Is the fighting of fitnah considered jihad in the path of Allah? Eighth Section: Fighting one who usurps authority. ■ Introduction regarding the contract of political authority in Islam and the methods of obtaining it. - The contract of bay'ah (allegiance) is the legitimate basis for attaining authority. - The method of explicitly designating an 'infallible imam' to assume authority has not been established through any acceptable chain of transmission. - The method of succession or designating a crown prince is merely a nomination by the previous caliph; if the people refuse to pledge allegiance to him, he does not become caliph. - The method of subjugation (taghallub) is the usurpation of authority; if the people refuse to pledge allegiance to the usurper, his authority remains illegitimate. ■ Evidence for the claim that the imamate is established through subjugation and force, with critical discussion. - First piece of evidence with discussion [The statement of Abdullah ibn Amr regarding Muawiyah: Obey him in what is obedience to Allah]. ¶

- The Second Proof and its discussion [Hadith: Even if a commander is appointed over you...] ................ 171 - The Third Proof and its discussion [The command to exercise patience regarding oppressive rulers...] ....... 183 - The Fourth Proof and its discussion [The exclusion of the Sultan from the legitimacy of fighting an usurper] 185 - The Fifth Proof and its discussion [Remaining silent on an usurper of power is an acceptance of the lesser of two evils] ........................................................... 186 ¶

■ Research points on fighting an usurper of power ............................. First: What is the proof for the legitimacy of fighting an usurper of power? ................ 191 Second: What is the specific Shariah ruling regarding the legitimacy of fighting an usurper? ..... 194 Third: Is fighting an usurper of power considered Jihad in the way of Allah? ....... 200 ¶

Ninth Topic: Fighting the Ahl al-Dhimmah (protected non-Muslim subjects) .................................... 203 Introduction... and the issues included in this research ......................... 205 First Issue: Who are the Ahl al-Dhimmah? What are their duties? And what are their rights? 206 A - Definition of Ahl al-Dhimmah ............................................. 206 B - What are the duties of the Ahl al-Dhimmah? ................................... 208 C - What are the rights of the Ahl al-Dhimmah? ..................................... 209 Second Issue: The violations that render the Ahl al-Dhimmah as having collectively broken their covenant, and what are the consequences thereof? ................................ 210 First Point: Opinions of Islamic Fiqh regarding the invalidators of the covenant ................. 211 Second Point: What are the consequences of breaking the covenant? ......................... - Cases of Ahl al-Dhimmah taking up arms against Muslims .................... 213 1 - Participating with the rebellious (Baghi) Muslims ............................ 214 2 - Taking up arms against the rebellious Muslims ............................ 215 3 - Taking up arms for highway robbery ..................................... 215 4 - Taking up arms independently ................................... 215 5 - Taking up arms in alliance with the Ahl al-Harb (people of war) ......................... 216 - Cases of breaking the covenant due to reasons other than taking up arms .................... 217 ¶

Point Three: Is the ruling on the breach of covenant restricted to those who actually committed the breach? Or does its ruling extend to others as well? ... 217 - Two points concerning the status of the Ahl al-Dhimma (protected people) in this era—that is, after the disappearance of the Islamic State ... 218 First: What is the ruling on the Ahl al-Dhimma in the era we live in now? Second: What is the ruling regarding the Ahl al-Dhimma departing today from the conditions that were imposed upon their predecessors? ... 219 Is their covenant nullified by this departure? Or not? Third Issue: Does the Muslims' fighting against the Ahl al-Dhimma who breached the covenant count as Jihad in the way of Allah? ... 227 - A final observation ... 228 Tenth Discussion: Raiding combat for the purpose of seizing enemy wealth ... 229 - An introduction defining the subject of the research and its fundamental issues ... 233 First Issue: Is it permissible for an individual fighter or a fighting group to confront large enemy forces that significantly outnumber them? ... 234 - The ruling on adventurism and risking one's life in attacking a massive enemy force ... 238 - First Opinion: Absolute permissibility ... 239 - Second Opinion: Detailed (differentiated) ruling ... 239 - The opinion we favor: ... 242 Second Issue: Is it permissible to fight without the permission of the Imam or the authorized leader? ... 245 - A broad outline regarding the mission of the Prophet ﷺ in clarifying what he conveys from Allah the Almighty, in a general sense, and the necessity of referring to the Seerah and Prophetic Sunnah to explain how to conduct combat against enemies ... 246 First: The Messenger ﷺ would lead military campaigns against the enemies himself at times, and appoint commanders for them at other times ... 246 ¶

Second: Salamah ibn al-Akwa' (may Allah be pleased with him) fighting the raiding enemy before obtaining permission from the Prophet (peace be upon him) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Third: Abu Basir and his companions (may Allah be pleased with them) fighting the Quraish during the term of peace with the Muslims; because they were not included in the Treaty of Hudaybiyyah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Fourth: The Ashja'i man seizing enemy wealth from the Dar al-Harb by way of raiding, without specific prior permission from the Prophet (peace be upon him) . . . . . . . . . . . . . . . 249 Fifth: A man fighting the enemy at Khaybar and being martyred—after the Prophet (peace be upon him) had forbidden fighting—so he said regarding him: 'Paradise is not permissible for a disobedient one' . . . . . . . . . . . . . . . 249 - Research points in this issue First Point: Is the presence of the Imam a condition for initiating combat against the enemy—whether the fighting is offensive or defensive? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Second Point: What is the role of the Imam's presence regarding the authorization of fighting? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 - Case where no prohibition of fighting has been issued by the Imam First Opinion: Fighting without the Imam's permission is Haram (prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 Second Opinion: Fighting without the Imam's permission is Makruh (disliked) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 - Case where a prohibition of fighting has been issued by the Imam Regarding defensive fighting (two cases) - First: A prohibition that does not result in harm to the Muslims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 - Second: A prohibition that results in harm to the Muslims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Regarding offensive fighting (two cases) - First: The prohibition is for a legitimate Shariah-based interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 - Second: The prohibition is for no legitimate Shariah-based interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Third Point: What is the ruling on committing to the obedience of those in authority today regarding the matter of fighting the enemy, when they issue their command to either undertake it or refrain from it? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 First Issue: The issuance of the command to fight by those in authority, and does the argument regarding their lack of legitimacy have an effect on the ruling? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 ¶

- What if the holders of authority today order fighting the enemy based on a cunning plan that harms the Muslims? .................................... 261 Second Issue: The issuance of a decision by the holders of authority to prohibit fighting ... 268 - First Part: Prohibiting fighting for a maslaha (benefit) .......................... 268 - Second Part: Prohibiting fighting without a maslaha ....................... 268 Third Issue: Is it permissible for a Muslim to fight the enemy with the intention of seizing their wealth? 270 - Citations from the Prophetic Biography regarding attacking the enemy with the intention of seizing their wealth 270 - The intention to seize the enemy's wealth in fighting, for the purpose of pressuring them, is part of exalting the word of Allah Almighty ................................. 273 - What are the purposes whose intention is forbidden in fighting? And the issue of associating others with Allah in worship, including Jihad in the way of Allah 273 - The abode of the enemy (Dar al-Harb) is a place of plunder and permissibility, provided one does not enter it under a treaty of safety (aman).. and the peculiarity of Al-Shawkani’s opinion on the issue ...................................... 277 - Deeming the enemy's wealth permissible in war is a general custom and a means of pressuring the enemy ........................................ 278 Fourth Issue: Is fighting for the sake of obtaining the enemy’s wealth considered Jihad in the way of Allah? .............................................. 280 Eleventh Topic: Fighting for the establishment of the Islamic State ............... 285 - Introduction to the basic issues in the research ....................... 287 - First Issue: The opinions of Islamic writers on the idea of fighting to establish the Islamic State ................................................ 288 A - First Trend: Rejecting the use of weapons to establish the Islamic State .... 288 1 - Mawdudi ............................................. 288 2 - Sheikh Muhammad Nasiruddin al-Albani ........................... 289 3 - Dr. Muhammad Said Ramadan al-Buti ........................ 290 B - Second Trend: Calling for fighting to establish the Islamic State ........ 291 ¶

The Jihad group in Egypt, and their responses to the objections raised against them by those who reject the use of weapons for the establishment of the Islamic state. ¶

2- Examination of the view considering today's rulers as Shari'ah-compliant Imams who have deviated due to immorality (fisq) or tyranny (jawr)... 300 3- Examination of the view that considers military coups for changing the situation as modern innovations (bid'ah)... 302 4- Examination of the view restricting the legitimate change of deviated conditions to changing what is within the souls (anfus)... 302 d- Examination of the evidence for the positive trend regarding the issue of combat (qital) to establish the Islamic State... 306 1- Examination of the evidence regarding apostasy (riddah)... 306 2- Examination of the evidence: 'That without which an obligation cannot be fulfilled is itself an obligation'... 308 3- Examination of the evidence: The obligation of Jihad when the enemy occupies the land, and considering today's rulers as equivalent to the enemies occupying Muslim lands... 310 4- Examination of the evidence: 'Clear kufr' (al-kufr al-bawwah)... 312 e- The opinion we favor, along with the evidence... 313 - The pledge of the Ansar for war on the Night of 'Aqaba, and the terms upon which the pledge was based... 315 - The method of establishing the Islamic State in our current era... 319 1- Creating an atmosphere that responds to the call (da'wah)... 319 2- Searching for those of power and support (ahl al-nusrah) who possess the necessary capability... 319 3- Contracting the pledge (bay'ah) for whoever is chosen as the head of authority... under the protection of the ahl al-nusrah... 320 - What if some forces rebel against the new situation?... 320 Third Issue: Is fighting for the sake of establishing and protecting the Islamic State considered part of Jihad?... 321 Twelfth Section: Fighting for the unity of Islamic lands... 323 - Introduction to the aspects of the research and its fundamental issues... 325 First Issue: The Islamic position on the subject of unity among Islamic lands... 327 - First Part: The Islamic position on unity among Islamic lands according to Shari'ah texts... 327 First: The Prophetic traditions (hadiths) specifically concerning the subject of unity... 327 Second: The method of deriving arguments from the aforementioned texts regarding the subject of unity, and what the jurists (fuqaha) have determined in this regard in light of those texts... 329 ¶