Chapter 97

Relations with others - Is it a relationship of peace or a relationship of war? 821 - The majority (jumhur): The relationship is one of war. 821 - Some modern writers: The relationship is one of peace. 821 - Our view on this issue is detailed as follows: 826 1 - The original principle in the relationship with other states, before delivering the call (da'wah) in a formal, clear manner, is peace, not war. 826 2 - The original principle in the relationship after delivering the call and their refusal to enter into the obedience of the Muslims is war, not peace. 826 3 - The original principle in the relationship with treaty-bound states is peace. 827 4 - The original principle in the relationship with aggressor states, even if they have a treaty, is war. 827 - The vague discourse among Islamic writers regarding the relationship between the Islamic state and other states, without clarifying the various cases mentioned above, leads to confusion. 829 ¶

Chapter Four: Rulings on Jihad Section One: Detailed rulings on jihad in Islamic jurisprudence (fiqh) books. 833 - Introduction: The status and virtue of jihad in Islam. 835 Point One: Quranic verses explaining the virtue and status of jihad. 835 Point Two: Prophetic traditions (hadith) explaining the virtue and status of jihad. 837 Point Three: Jurisprudential texts explaining the rank of jihad in the cause of Allah. 842 Point Four: Reconciliation between Shariah texts that make jihad in the cause of Allah superior to other deeds at times, and inferior at other times. 844 Discussion One: Jihad. The principle is that it is a fard kifaya (collective obligation). 855 Point One: What is fard kifaya? 855 Point Two: Those who hold that jihad is a fard kifaya are the majority of jurists, and their evidence. 857 ¶

Point 3: When does Jihad become a Fard Kifayah (communal obligation)? Or what are the conditions under which Jihad is a Fard Kifayah? . . . . . . . . . 862 Point 4: What is the minimum level by which the Fard Kifayah of Jihad is fulfilled? . . . . . . . . . 864 - The Jumhur (majority): The obligation of performing Jihad at least once every year . . . . . . . . . 864 - Dr. Wahba al-Zuhayli disagrees with the majority on this issue . . . . . . . . . 865 - Our opinion on this matter with evidence . . . . . . . . . 865 Point 5: Is the existence of a Caliph for the Muslims a condition for performing Jihad as a Fard Kifayah for the sake of calling to Islam? . . . . . . . . . 871 Discussion 2: Jihad. When does it become Fard Ayn (individual obligation)? . . . . . . . . . 875 Point 1: What is Fard Ayn, or Wajib Ayni? . . . . . . . . . 875 Point 2: Scholars' views on Jihad being a Fard Ayn, given their diverse opinions on the various considerations under which this ruling is established . . . . . . . . . 876 First: The opinions stating that the ruling of Jihad is Fard Ayn, and within what scope does this ruling apply? . . . . . . . . . 876 Second: Quotations from the texts of the jurists regarding these opinions . . . . . . . . . 877 Point 3: When does Jihad become Fard Ayn according to the majority of scholars? With evidence: - An enemy occupying a Muslim territory, attacking them, or intending to do so . . . . . . . . . 880 - The authority appointing a specific group or individuals to go out for combat . . . . . . . . . 883 - The presence of combatants on the battlefield . . . . . . . . . 886 Point 4: Is the existence of a Caliph for the Muslims a condition for performing Jihad when it is Fard Ayn? And how is this Jihad carried out? . . . . . . . . . 888 Discussion 3: Jihad. Is its origin Mandub (recommended)? And is Jihad Mandub in certain cases? . . . . . . . . . 891 Point 1: What is Mandub? . . . . . . . . . 892 Point 2: The notion that the ruling of Jihad is Mandub, not Wajib (obligatory). A - Who are the early jurists who hold this view? And what are their evidences? ¶

Discussion of those evidences and the justification of the opinion stating that Jihad is Mandub (recommended), in accordance with the majority opinion which holds that the ruling of Jihad is Fard Kifayah (communal obligation) . . . 892 B - Offensive Jihad is the only domain in which the ruling that Jihad is Mandub is established, according to those who hold this view . . . 901 C - The implication of the claim that offensive Jihad is Mandub, according to its proponents . . . 902 Third point: Modern Islamic writers who argue that Jihad in Islam is defensive only: . . . 903 A - What is the reality of the concept they advocate? . . . 903 B - Comparison between the idea of some classical jurists that the ruling of Jihad is Mandub, and the modern idea that Jihad is only defensive and cannot be offensive . . . 905 Fourth point: Can Jihad or fighting enemies be Mandub at times, according to those who do not hold that the origin of the ruling of Jihad is Mandub rather than Wajib (obligatory)? . . . 909 Fourth Discussion: Jihad. Can it be Mubah (permissible)? . . . 917 First point: What is the definition of Mubah in Shariah terminology? . . . 917 Second point: Is it possible for the Shariah ruling in some cases of Jihad to be Mubah? . . . 918 Third point: A review of the cases of Muslims fighting their enemies where the ruling of fighting is Mubah . . . 919 A - Fighting the enemy for a reason other than elevating the word of Allah, and without the intent of showmanship (Riya) . . . 919 B - Some cases of single combat (Mubarazah) . . . 922 C - Some cases of fighting the enemy's women and children . . . 923 Fifth Discussion: Can Jihad be Makruh (disliked)? . . . 927 First point: The definition of Makruh in Shariah terminology . . . 927 Second point: Is it possible for fighting enemies in some of its cases to be Makruh in Shariah? . . . 929 Third point: Presenting some cases which jurists mentioned where fighting enemies takes the ruling of Karaha (dislike) according to Shariah . . . 929 ¶

1 - Military campaigns (ghazw) without the permission of the Imam... and its details... 930 2 - Declaring war on the land of the enemy while Muslims are present there who may be harmed by the use of weapons of mass destruction against them... 931 3 - Some cases of single combat (mubaraza)... 932 4 - A Muslim pursuing one of his blood relatives who is among the enemy ranks... with details... 933 5 - Some jurists: The makruh nature of fighting the kuffar at night... 933 6 - When the prevailing interest (maslaha rajihah) requires refraining from fighting... 934 ¶

Topic Six: Can Jihad be Haram?... 937 Point One: What is the definition of 'Haram' in Shariah terminology?... 938 Point Two: Is it possible for Jihad, or fighting the enemies, to be Haram?... 939 Point Three: A review of cases that shift the Shariah ruling on Jihad—or fighting the enemies—from obligation (wujub) to prohibition (tahrim)... 939 1 - If the parents or one of them forbids it, and it is not a fard 'ayn (individual obligation)... 940 2 - If the fighter is in debt and has left no means for repayment, and the creditor has not given permission—provided the Jihad is not a fard 'ayn upon the debtor... 942 3 - When Jihad leads to grave harm befalling the Muslims... 946 ¶

Chapter Two: The Tools of Jihad. The Islamic Army: Its Organization, Training, and Human and Material Foundations... 951 - Introduction to the Chapter... 953 ¶

Topic One: Various organizations required by the army... 955 - Point One: What do we mean by the various organizations required by the army?... 955 - Point Two: From what angle are we addressing these organizations?... 956 - Point Three: Examples of activities and tasks entrusted to these various administrative organizations... 961 a - The task of reconnaissance and spying on the enemy... 961 b - The task of supply and logistics... 963 ¶

The organizational structures adopted by modern armies, their administration, and the number of personnel allocated to them vary from one army to another depending on specific considerations... 966 - Example: In the U.S. Army, one-fourth is for combat and the rest is for non-combat roles, whereas the Russian Army is approximately the opposite... 967 Section Two: The various trainings required by the army... 969 - First point: What do we mean by the various trainings required by the army?... 969 - Second point: What is the angle from which we address these trainings?... 970 - Engaging in training is part of the preparation (I'dad) that is religiously mandatory... 970 Evidence for this: First: The Almighty's saying: 'And prepare against them whatever you are able of power...'... 971 Second: Training is a prerequisite for performing the duty of Jihad, and whatever is necessary for the fulfillment of an obligation is itself an obligation... 972 Third: Forgetting the expertise related to Jihad is forbidden, based on the Hadith: 'Whoever learns archery and then abandons it is not of us,' and continuing training prevents falling into this prohibition... 972 - Third point: A brief overview of the attention given to military training during the Prophetic era... 974 - Attention to the cavalry (furusiya)... 976 - Attention to the archery corps... 978 - Attention to the engineering corps and the navy... 981 - Fourth point: The benefits gained by the army and the Ummah from conducting the various trainings required by the army... 981 Section Three: Human resources/foundations... 983 - Introduction to the research... 985 - First topic: Personnel of the regular or primary army and their role within it... 989 - Introduction: Regarding the beginnings of the formation and organization of the Islamic army... 989 First point: Who are those obligated—by necessity—to perform Jihad? - Conditions for the obligation of Jihad upon the legally accountable (Mukallaf): 1- Islam, 2- Puberty (Bulugh), 3- Sanity (Aql), 4- Freedom (Hurriyya)... 994 ¶

Sahih Muslim (2) The Book of Purification (3) Chapter: The statement regarding water used for ghusl (ritual bath) or wudu (ablution) if some impurity falls into it. (345). It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: "None of you should urinate in stagnant water that does not flow, and then perform ghusl from it." (Imam Muslim, may Allah have mercy on him, stated:) In the narration of Muhammad bin Rafi, it says: "Do not urinate in it and then perform ghusl from it." (346). It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Prophet (peace be upon him) said: "None of you should urinate in stagnant water (that does not flow) for the purpose of ghusl." (Ibn Shihab said:) I asked Abu Salamah, "What should he do?" He replied: "Let him let it flow (i.e., drain the water from there)." (347). It is narrated from Jabir (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) forbade urinating in stagnant water. (348). It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: "None of you should bathe in stagnant water in which he urinates." (349). It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: "A person should not urinate in stagnant water that does not flow, and then perform ghusl in it." (350). It is narrated from Abu Sa'id al-Khudri (may Allah be pleased with him) that it was asked (in the presence of the Prophet): "O Messenger of Allah! Shall we perform wudu from Bi'r Bada'ah (the Well of Bada'ah)?" This was a well into which dog meat, menstrual rags, and foul-smelling items were thrown. The Messenger of Allah (peace be upon him) replied: "Water is purifying; nothing makes it impure." (351). It is narrated from Abu Sa'id al-Khudri (may Allah be pleased with him) that a man asked: "O Messenger of Allah! Shall we perform wudu from the Well of Bada'ah? For indeed, dog meat and (human) filth are thrown into it?" The Messenger of Allah (peace be upon him) replied: "Water is purifying; nothing makes it impure." (352). It is narrated from Abu Sa'id al-Khudri (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) was asked about the Well of Bada'ah... (the narrator mentioned it similarly). (353). It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Prophet (peace be upon him) said: "When any one of you wakes up from sleep, let him wash his hands three times before dipping them into a vessel, for he does not know where his hand spent the night." ¶

Chapter 6: A Brief History of Pakistan ¶

Arrival of Muslims in the Subcontinent, the Conquest of Sindh by Muhammad bin Qasim, and the Delhi Sultanate The arrival of Muslims in the subcontinent passed through various stages. Initially, Arab traders began the propagation of Islam from the coastal areas. Systematic conquests began in 712 CE when Muhammad bin Qasim conquered Sindh. Subsequently, the invasions of Mahmud of Ghazni and Shihab al-Din Ghori strengthened the foundations of Islamic rule here. Qutb al-Din Aibak laid the foundation of the sultanate in Delhi in 1206 CE, which is known as the 'Delhi Sultanate.' During this era, several dynasties held power, including the Mamluk (Slave), Khilji, Tughlaq, Sayyid, and Lodi dynasties. ¶

Mughal Empire In 1526 CE, Zahir al-Din Babur defeated Ibrahim Lodi in the First Battle of Panipat and established the Mughal Empire. The Mughal era is a golden chapter in the history of the subcontinent, during which great emperors like Akbar, Jahangir, Shah Jahan, and Aurangzeb reigned. During this period, art, architecture, literature, and administration progressed significantly. The decline of the Mughal Empire began after the death of Aurangzeb Alamgir and ended completely after the War of Independence in 1857. ¶

The Pakistan Movement and the Establishment of Pakistan In view of British dominance and Hindu political hegemony, Muslims began a struggle to protect their rights. Sir Syed Ahmad Khan encouraged Muslims towards modern education. Allama Iqbal envisioned a separate state for Muslims. Under the charismatic leadership of Quaid-e-Azam Muhammad Ali Jinnah, the All India Muslim League united Muslims on a single platform. Eventually, after a long struggle, Pakistan came into existence on August 14, 1947. ¶

Important Events after the Establishment of Pakistan After the creation of Pakistan, several challenges emerged, including the rehabilitation of refugees and the construction of the administrative structure of the new country. Pakistan adopted its first constitution in 1956. The wars of 1965 and 1971 are significant turning points in Pakistan's history. In 1971, East Pakistan separated to become Bangladesh. Pakistan adopted its current constitution in 1973 and became an atomic power in 1998, making its defense impregnable. Today, Pakistan is on the path of progress as a democratic and Islamic state. ¶

- According to the Hanafis: 1019 - According to the Malikis: 1019 - According to the Shafi'is: 1020 - According to the Hanbalis: 1020 - According to the aforementioned schools: Women are not included under the obligation of jihad—when it is a fard kifayah (communal obligation): 1020 Second Issue: Does jihad become a fard 'ayn (individual obligation) for women? And when?: 1021 - In Hanafi jurisprudence: 1021 - In Maliki jurisprudence: 1021 - In Shafi'i jurisprudence: 1021 - In Hanbali jurisprudence: 1022 - Summary: Jihad in the sense of combat may become a fard 'ayn for women according to the first three schools, but it is not so in the Hanbali school: 1022 Third Issue: If jihad is neither a fard 'ayn nor a fard kifayah for women—is it permissible for her to bear arms and engage in combat?: 1022 - Yes, it is permissible for her according to all schools: 1022 Third Point: Does a woman have a place in the regular army? Or is her place in the reserve army?—if necessary—and what is the natural role she performs in the army?: 1023 - The natural place for a woman is the reserve army, and it is permissible for authorities to open the doors of the regular army to female elements if the interest (maslaha) demands: 1023 - The natural role she performs in the army is that which suits her nature, such as supply and medical duties. This does not prevent her from occupying positions where she engages in combat activities—if necessary and she is qualified for it: 1024 - In fact, she must engage in combat when it becomes a fard 'ayn upon her: 1024 - Therefore, the state must establish training centers for women where they learn the use of weapons and matters of combat, so that they are able to perform this duty: 1024 ¶

Section Four: The Ruling on the Participation of Children in the Army, and Their Role Therein 1024 Point One: The Issue of Taking Children Along in the Islamic Army During the Prophetic Era - What has been reported regarding it? 1025 - A group of narrations indicates that children went out with combat armies and carried weapons 1025 - Among the matters that the narrations indicate are the following: 1. The Prophet’s ﷺ review of the army before engaging in battle to examine the physical fitness of the combatants, dismissing those unfit for fighting—whether adult or non-adult—and retaining those whose competence was established, even if they had not yet reached puberty 1029. 2. The person in authority has the right to grant or deny permission for minors to join the army, depending on the public interest (maslahah) 1030. 3. Those who are not permitted to go out to fight on the country's borders may be assigned civil defense tasks within the country 1030. 4. Minors may be permitted to accompany the combat army, not to engage in fighting, but either for service or simply to observe the scenes of war if the public interest requires it 1030. 5. The Prophet’s ﷺ giving of spoils of war to boys, even if by way of a 'radhkh' (gift/stipend), is proof that they accompanied the combat army during his era; for the principle is that spoils are for those who attended the battles 1031. Point Two: What have the jurists said regarding the ruling on children engaging directly in fighting the enemy? 1032 - In Hanafi Fiqh: 1032 - In Shafi'i Fiqh: 1032 - In Maliki Fiqh: 1033 - And as for Hanbali Fiqh: 1034 - Summary: According to the Hanafis and Shafi'is, children may be charged with fighting, in the sense of forced conscription, not as an individual duty (fard 'ayn), in the event of a general mobilization (nafir 'amm) for the defense of the country and its people. 1929 ¶

According to the Malikis: The authority also has the right to compel them to go out for combat in situations other than a general mobilization (nafir al-amm), if public interest dictates. According to the Hanbalis: They cannot be compelled to fight at all. However, it is permissible according to all [schools] for them to engage in combat as long as they are capable of doing so. 1034. Third point: Should children be utilized in the Islamic army during its formation in the modern era? And what is their role in it? 1035. The natural place for children is the reserve army. It is permissible to utilize them in the regular army if a necessity or interest dictates. 1035. Each of them shall be placed in the position for which they are fit, whether in the field of combat or the field of services. 1036. Fifth Branch: The ruling on the participation of non-Muslim subjects in the army, and their role therein. 1036. First Point: What texts have been reported regarding the participation of disbelievers in the Islamic army going to combat during the Prophetic era and that of the Rightly Guided Caliphs? 1037. First: What has been reported regarding not seeking the assistance of non-Muslims in war. 1037. Second: What has been reported regarding the permissibility of disbelievers participating with Muslims in war against the enemy. 1038. How did the scholars comment on all those narrations—both those regarding seeking assistance and those regarding not doing so? 1038. Our view on this issue is as follows: 1043. 1. It is established that seeking the assistance of non-Muslims in war has been rejected—at times—just as the legitimacy of that assistance has been established. 1043. 2. In accordance with the principle of applying both pieces of evidence, the rejection of seeking assistance and its legitimacy are interpreted as the matter being left to the discretion of the authority—with details on this. 1043. Proving that the Prophet (peace be upon him) might say about a thing, 'I will not do it,' and then he does it, indicates that the matter is originally based on permissibility—in action or omission—according to the interest (maslaha). An example is his saying (peace be upon him): 'I do not seek help from a polytheist,' his saying to a man: 'I will not carry you,' and then he ordered him to be carried, and his saying: 'I do not shake hands with women,' then the mention of handshaking in some narrations, if they are deemed authentic. 1043. ¶

Second Point: What is stated in the books of Fiqh regarding the issue of seeking the assistance of non-Muslims in fighting the enemy? . . . . . . . . . . . . . . . . . . . . . . . . . . . 1046 - In Hanafi Fiqh: . . . . . . . . . . . . . . . . . . . . . . . . . . . 1046 - In Maliki Fiqh: . . . . . . . . . . . . . . . . . . . . . . . . . . 1046 - In Shafi'i Fiqh: . . . . . . . . . . . . . . . . . . . . . . . . . . 1047 - In Hanbali Fiqh: . . . . . . . . . . . . . . . . . . . . . . . . . . 1048 The conclusion: The Hanafis and Shafi'is permit non-Muslims to fight alongside Muslims against the enemy, and this is also the case in a narration attributed to Ahmad ibn Hanbal—when there is a need. As for the Malikis: They prohibit seeking the help of non-Muslims in combat, but they allow them to join the army heading to the battlefield, provided their military activities are restricted to non-combat roles. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1048 Third Point: Should the doors of the regular army in the Islamic state be opened to non-Muslims from among the subjects (ra'iyyah)? And what is their role if they join the Muslim army? . . . . . . . . . . . . . . . . . . . . . . . . . . . 1049 - The reserve army is the most appropriate place for non-Muslim subjects, and their joining the regular army is permissible within the limits required by Islamic interest (maslaha). . . . . . . . . . . . . . . . . . . . . . . . . . . . 1049 - The authority defines the role performed by the Ahl al-Dhimma if they join the army, whether in combat affairs, or in engineering, supply, medical services, or espionage against the enemy, and the like, in light of Islamic interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1049 Section Six: Foreigners in the Islamic army and their role therein . . . . . . 1050 - By 'foreigners' here, we mean the Musta'minun (those granted security) from among the disbelievers who are in the Dar al-Islam, residing there temporarily, whether they are contracted for work or not. Also, those from the Ahl al-Harb whom the state has granted safety, even if they are not in the Dar al-Islam. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1050 - It is permissible to seek their assistance in military affairs—combat or otherwise—on the basis of a contract. They do not constitute parts of the Islamic army's formation and are entitled to salaries and rewards according to the contracts made with them. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1050 - The role of foreigners when used in the army, or for one of the interests... ¶

Tasks according to the needs of the army, such as combat, supplying weapons, training army personnel, maintaining military equipment, or conducting espionage on the enemy for the benefit of the Muslims.. and the like. 1052 ¶

Fourth Discussion: Material Foundations of the Islamic Army 1055 First Section: Methods of Acquiring Weapons 1057 First Point: What were the methods of acquiring weapons for the Islamic army during the Prophetic era? 1057 - This army had several methods for this, which are: 1057 1- Purchasing weapons from the local and foreign markets. 1057 2- Weapons seized from the enemy. 1060 3- Contracting with entities possessing weapons to provide what is required. 1061 4- Military manufacturing affiliated with the Islamic army. 1062 ¶

Second Point: What is obligatory upon Muslims in the modern era regarding the issue of acquiring weapons? 1063 - The necessity for Muslims to rely on local industry for armaments, and to produce machines that are, in turn, with their spare parts, manufactured within Islamic countries. 1064 - The dangers of relying—entirely or mostly—on the foreign market for armaments. 1064 - Excellent words by Abdul Rahman al-Maliki on the necessity of liberation from foreigners in industrial policy in general, including the arms industry.. and an explanation of the ease of this possibility relative to the capabilities of the Muslims, if intentions are sincere and the will is honest. 1065 - Pursuing an independent industrial policy is an obligatory matter in Shariah, beyond being necessitated by independence from the West. 1067 - Sheikh Jamal al-Din al-Qasimi: Expresses regret that Muslims buy weapons from enemy lands and judges the nation to be in sin due to its abandonment of the required preparation (al-i'dad), and states the obligation of establishing factories to manufacture weapons. 1068 ¶

Professor Zafir al-Qasimi and his invaluable discourse on the necessity of acquiring sciences that enable the establishment of laboratories and factories for the production of advanced weaponry. Second Section: What are the financial resources for the various expenses of the army? These resources are: 1 - Al-Fay' and war spoils (Ghanima). 2 - The share of 'fi sabilillah' (in the way of Allah). 3 - The obligation of Jihad with wealth. What is the evidence for the obligation of Jihad with wealth? What was the familiar form regarding Jihad with wealth? Are financial taxes imposed on Muslims for the army and its equipment? And are these taxes considered a fulfillment of the obligation of Jihad with wealth? What is mentioned in the Fatawa of Ibn Taymiyyah and his work 'Al-Mazalim al-Mushtaraka'. What is mentioned in 'Zad al-Ma'ad' by Ibn al-Qayyim. What is mentioned in 'Fath al-Qadir' by Kamal ibn al-Humam. What is mentioned in 'Al-Siyar al-Kabir' and its commentary by the two Imams, Muhammad ibn al-Hasan and al-Sarakhsi. What is mentioned in 'Al-I'tisam' by al-Shatibi. What is mentioned in 'Al-Nujum al-Zahira' by al-Atabaki. The opinion we favor in this matter is that Jihad with wealth carries the same ruling as Jihad with one's soul in principle, in that it is a Fard Kifaya (communal obligation), with details provided on this. And when Jihad becomes a Fard 'Ayn (individual obligation) upon all Muslims due to a sudden enemy invasion, just as it is mandatory for all capable subjects to go out to fight according to their abilities, it is likewise mandatory for all wealthy subjects to contribute from their wealth whatever is necessary for this fight. On the other hand, Jihad, whether Kifa'i or 'Ayni, requires an army, and an army requires vast funds. When the public funds allocated for common interests or the 'share of Jihad' from Zakat are insufficient to meet the needs of the army, then the obligation of financial Jihad becomes binding upon the people in the form of taxes on the wealthy. ¶

And the distribution of these (resources) among them—for the sake of establishing Jihad—falls under the category of the principle: 'That without which an obligatory act cannot be completed, is itself obligatory.' ¶

• Obedience is mandatory for commanders and emirs appointed by the Caliph to act as his deputies, within the limits of the authorities assigned to them. 1100 • If, for any reason, the presence of a commander appointed by the Caliph for any unit of the army becomes impossible, they must appoint a commander among themselves. Obedience to him is mandatory in legitimate and customary matters until his confirmation or replacement by higher authorities is issued. 1101 • The evidence for this is what occurred during the Battle of Mu'tah. 1101 Third Point: Shariah and Fiqh texts that define the limits of mandatory obedience and prohibited obedience, among which are the following: 1102 • The obligation to obey emirs in non-sinful matters and the prohibition of obeying them in sinful matters. 1102 • It is not permissible to oppose an emir or commander due to any physical or moral defect, or for his appropriation of worldly gains to the exclusion of his subordinates, or for tasking them with legitimate hardships, as long as he does not command what contradicts the Shariah. 1102 • Islam condemns those who practice blind obedience in matters that contradict the Shariah. 1104 • Excerpts from 'Al-Siyar al-Kabir and its commentary,' which clarify certain situations related to the life of the army, instructions issued by the leadership, which of them must be obeyed, and which must be opposed. 1106 Second Discussion: The right of the commander to expel anyone he deems a detriment to the army. 1109 First Point: The value of the army in Islam and the necessity of protecting it from any harm it may incur or cause. 1109 • The army protects the country from external aggression and internal corruption, carries the banner of jihad, protects the governing system from deviation, guarantees the implementation of Islam within the Ummah, suppresses those coveting power through illegitimate means, establishes the state if it collapses, preserves it once established, prevents it from fragmentation, and restores its unity if it fragments. It is the life of the Ummah in its political existence on both local and international levels. 1109 • Purging the army of corrupt elements is the right of the commander, and he may act upon this according to public interest (maslaha). 1110 ¶

The necessity of addressing deviations within the army; no army is free from deviations, even during the era of Prophethood and the Rightly Guided Caliphate. Examples: The theft of a necklace from the neck of Abu Bakr al-Siddiq's sister on the day of the conquest of Mecca; the drinker of khamr (wine) at Hunayn; the youth who lied to Abu Musa al-Ash'ari and returned home; the defiance of the common people (ra'a') in the army against the orders of Amr ibn al-Aas in Alexandria. Al-Siyar al-Kabir mentions the prevalence of deserters in the Prophetic army due to the large number of hypocrites (munafiqin) and Bedouins within it. The rationale behind the Prophet’s (PBUH) decision to retain hypocrites in his army. Illustrations of the harms caused by corrupt elements within the army. Second Point: Models of corrupt elements in the army as mentioned by the jurists. Concerning elements that exploit the army to cause harm to the Ummah. Example: Mustafa Kemal and the dismantling of the Islamic Caliphate. Protecting the army even from excellent and non-suspicious commanders when there is a fear of any deviation due to excessive admiration for them, etc. Example: Umar ibn al-Khattab forbidding the companions from going to jihad; Umar ibn al-Khattab’s removal of Khalid ibn al-Walid from the general command of the army in the Levant. Third Discussion: The rights of the fighters. First Point: A review of the most important issues mentioned by jurists regarding the rights of the army or fighters. What has been mentioned in 'Bada'i al-Sana'i' regarding their right to have a leader properly selected for them; what has been mentioned in 'Al-Siyar al-Kabir'. Leaders might be poorly selected, yet it is not permissible to disobey them unless their orders involve sin or harm. What has been mentioned in 'Al-Mudawwana' and 'Al-Umm' regarding this. What an army commander is obligated to fulfill towards his soldiers, according to Al-Mawardi. ¶

- What is mentioned in (Al-Mughni) regarding this . . . . . . . . . . . . . . . . . . . . . . 1124 - Second point: Detailed discussion on some of the rights of combatants mentioned by the jurists (Fuqaha) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125 A - Protecting the lives of soldiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125 - Resorting to war in light of the following: . . . . . . . . . . . . . . . . . . . . . . . . . . 1125 First: War is inevitable based on the reasons for declaring Jihad . . . . . . . . . . . . . . . . . 1125 Second: Deciding to wage war after preparing a force that strikes terror into the enemy . . . 1126 Third: Avoiding adventures that do not bring significant benefit to the Muslims . . . . . . . . . 1126 Fourth: Initiating war after estimating victory. Al-Shafi'i's views on this . . . . . . . . . . . . . 1126 - Umar ibn al-Khattab and his concern for the lives of soldiers . . . . . . . . . . . . . . . . . . 1126 - The Prophet (PBUH) saying to a youth at the Trench (Khandaq): "Take your weapon, for I fear the Banu Qurayza for you," when the youth was checking on his family during those days . . . 1127 B - Treating combatants well and taking care of their affairs . . . . . . . . . . . . . . . . . . . . . 1127 - The Prophet (PBUH) overseeing and encouraging (Sa'd ibn Mu'adh) after he was injured on the day of the Trench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127 - The Prophet (PBUH) would lag behind in the march, helping the weak and carrying them behind him . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1127 - Umar ibn Abd al-Aziz’s testament that a commander should not ride a mount faster than those of his soldiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1128 - Umar ibn al-Khattab forbidding commanders from withholding the rights of combatants and from keeping them away from home for too long (Tajmeer) . . . . . . . . . . . . . . . . . . . . . . . . 1128 - Organizing departure for battle, times for leave to return home, and rotating combatants in performing Jihad and guarding the borders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1128 - Avoiding the humiliation of soldiers and ensuring their feelings are respected . . . . . . . . . . 1129 - Providing all material and moral rights to the soldier, and making him feel that he is a subject of the state's concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1130 - Umar ibn al-Khattab and the story of the 'Khabees' (sweet dish) of Azerbaijan . . . . . . . . . 1130 - Umar ibn al-Khattab inquiring about the conditions of the army on the Persian front . . . . . 1131 ¶

Section Four: Displaying Pride and Arrogance Point One: What is pride (fakhr)? What is its general ruling? And what is its ruling during times of war? - Pride: Boasting about virtues such as lineage, noble descent, and others. - General Ruling: (a) When it generates a sense of arrogance and wounds the feelings of others—it is haram (prohibited). (b) Seeking honor through ethnic pride, and the scriptural texts prohibiting this. - Whoever adheres to the tribalism of the Jahiliyyah (pre-Islamic era). - Raising slogans of nationalism and displays of pride in the remnants of the Jahiliyyah fall under the prohibition established by the Shariah texts. - Umar ibn al-Khattab: 'We were the most humiliated people, and Allah honored us through Islam.' (c) Mentioning lineages and noble ancestry merely for identification and the preservation of rights is a required matter. (d) Pride in one’s own achievements: Between prohibited boasting and the praiseworthy act of speaking about the blessings of Allah. - Ruling on pride in the state of war: - The Prophet ﷺ acknowledging the fighters' pride in their good performance in supporting Islam and repelling the enemy. - Ali ibn Abi Talib praising his sword on the day of Uhud before the Prophet ﷺ. - Al-Nawawi clarifies several issues related to pride: - His ﷺ saying: 'I am the son of Abdul-Muttalib!' - The saying of Ali (may Allah honor his face): 'I am he whom my mother named Haydarah (lion)!' - The saying of one who says: 'Take this, for I am the son of so-and-so!' - There is no objection to media outlets broadcasting the heroic deeds that Muslim heroes pride themselves on, considering this as part of psychological warfare against the enemy. - Hadith: 'Take this, for I am the Ghifari youth.' - Hadith: 'Take this, for I am the Persian youth.' ¶

Second point: What is 'Khuyala' (pride/arrogance)? And what is its general ruling? In a state of war? 1143 - What is Khuyala? 1143 - It is arrogance and self-admiration. 1143 - Its ruling in general - Prohibition (Haram). 1145 - The ruling of Khuyala in a state of war - Permissibility (Ibahah). 1146 - Abu Dujana's strutting between the two battle lines. 1147 - Decorating instruments of war with silver. Fifth discussion: The ruling on spies who are Muslims, or non-Muslims from the citizenry, against the Islamic State. 1149 First issue: What is espionage (tajassus) in the Arabic language? And what actions are considered espionage regarding our current research? 1150 A - Espionage in language: Investigating and examining the depths of matters. B - Espionage acts in this research: Searching for weaknesses, and transferring secret military information to the enemy, etc. - Obtaining information such as sports or cultural news and transferring them to other states is not considered espionage; nor are correspondents or journalists who limit themselves to searching for and transmitting such news considered spies. 1151 - Abu Bakr's directive to Yazid ibn Abi Sufyan regarding preventing the enemy from knowing the military situation of the Muslims. 1153 - The meaning of espionage in modern Islamic thought. 1154 - The meaning of espionage in the terminology of those working in intelligence fields. Second issue: The ruling on a Muslim spy who works for the enemy against the Muslims. 1154 First point: Shar'i (legal) texts related to this issue. 1155 A - The story of Hatib ibn Abi Balta'a. ¶

B - The Story of Furat ibn Hayyan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1156 C - The blood of a Muslim is not lawful except by one of three reasons . . . . . . . . . 1156 Second Point: Jurisprudential (Fiqh) opinions regarding the judgment of a Muslim who spies for the benefit of the enemy against the Muslims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1157 - First Opinion: It is forbidden (haram) to kill a Muslim spy, and it is permissible to discipline (ta'zir) him . . . . . . . . . . . . . . . 1157 - Second Opinion: A Muslim spy is to be killed, with detailed qualifications . . . . . . . . . 1159 - He is to be killed obligatorily - absolutely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1159 - He is to be killed before declaring repentance, or if spying is his habit . . . . . . . . . . . . 1159 - It is permissible to kill him or discipline him according to public interest (maslaha) . . . . . . . . . . . . . . . . . . . . . . . . . . 1160 Third Point: The opinion we prefer on this issue - which is the opinion of the majority (jumhur) . . with evidence and detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1162 Third Issue: The ruling on a spy from the Ahl al-Dhimmah (dhimmis) . . . . . . . . . . . . . . . 1163 First Point: Jurisprudential (Fiqh) opinions on the ruling of a dhimmi spy . . . . . . . . . . . . . . . 1163 - In the Hanafi school: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1163 - In the Maliki school: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1165 - In the Shafi'i school: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1165 - And in the Hanbali fiqh: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1166 - Summary: A dhimmi spy must be killed according to Abu Yusuf of the Hanafis and the majority of the Malikis. It is permissible to kill him in the preferred (rajih) Shafi'i view if it was stipulated upon him at the time of the dhimma contract to refrain from spying. Likewise, it is permissible to kill him according to one of the two narrations in the Hanbali school, whether the condition to refrain from spying was stipulated or not . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167 Second Point: The opinion we prefer regarding the judgment of a spy from the Ahl al-Dhimmah 1167 - What we prefer is what is stated in the preferred view of the Shafi'i school in general, with detail on the matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167 - If the dhimmi spy declares his Islam before the death sentence is executed, it is mandatory to refrain from killing him . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1167 ¶