Islamic military jurisprudence

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Islamic military jurisprudence refers to what has been accepted in Sharia (Islamic law) and Fiqh (Islamic jurisprudence) by Ulama (Islamic scholars) as the correct Islamic manner, expected to be obeyed by Muslims, in times of war. Some scholars and Muslim religious figures describe armed struggle based on Islamic principles as the Lesser jihad.

Contents

Development of rulings

The first military rulings were formulated during the first century after Muhammad established an Islamic state in Medina. These rulings evolved in accordance with the interpretations of the Qur'an (the Islamic Holy scriptures) and Hadith (the recorded traditions, actions (behaviors), sayings and consents of Muhammad). The key themes in these rulings were the justness of war (Harb), and the injunction to jihad. The rulings do not cover feuds and armed conflicts in general. [1]

Jihad (Arabic for "struggle") was given a military dimension after the oppressive practices of the Meccan Quraish against Muslims. It was interpreted as the struggle in God's cause to be conducted by the Muslim community. Injunctions relating to jihad have been characterized as individual as well as collective duties of the Muslim community. Hence, the nature of attack is important in the interpretation—if the Muslim community as a whole is attacked jihad becomes incumbent on all Muslims. Jihad is differentiated further in respect to the requirements within Muslim-governed lands (Dar al-Islam) and non-Muslim lands, both friendly and hostile. [1]

According to Shaheen Sardar Ali and Javaid Rehman, both professors of law, the Islamic military jurisprudence are in line with rules of modern international law. They point to the dual commitment of Organisation of Islamic Cooperation (OIC) member states (representing most of the Muslim world) to Islamic law and the United Nations Charter, as evidence of compatibility of both legal systems. [2]

Ethics of warfare

Fighting is justified for legitimate self-defense, to aid other Muslims and after a violation in the terms of a treaty, but should be stopped if these circumstances cease to exist. [3] [4] [5] [6] War should be conducted in a disciplined way, to avoid injuring non-combatants, with the minimum necessary force, without anger and with humane treatment towards prisoners of war. [7]

During his life, Muhammad gave various injunctions to his forces and adopted practices toward the conduct of war. The most important of these were summarized by Muhammad's companion and first Caliph, Abu Bakr, in the form of ten rules for the Muslim army: [8]

O people! I charge you with ten rules; learn them well! Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone.

According to Tabari, the ten bits of "advice" that Abu Bakr gave was during the Expedition of Usama bin Zayd. [9] During the Battle of Siffin, the Caliph Ali stated that Islam does not permit Muslims to stop the supply of water to their enemy. [10] In addition to the Rashidun Caliphs, hadiths attributed to Muhammad himself suggest that he stated the following regarding the Muslim conquest of Egypt that eventually took place after his death: [11]

You are going to enter Egypt a land where qirat (money unit) is used. Be extremely good to them as they have with us close ties and marriage relationships. When you enter Egypt after my death, recruit many soldiers from among the Egyptians because they are the best soldiers on earth, as they and their wives are permanently on duty until the Day of Resurrection. Be good to the Copts of Egypt; you shall take them over, but they shall be your instrument and help. Be Righteous to God about the Copts.

These principles were upheld by 'Amr ibn al-'As during his conquest of Egypt. A Christian contemporary in the 7th century, John of Nikiû, stated the following regarding the conquest of Alexandria by 'Amr:

On the twentieth of Maskaram, Theodore and all his troops and officers set out and proceeded to the island of Cyprus, and abandoned the city of Alexandria. And thereupon 'Amr the chief of the Moslem made his entry without effort into the city of Alexandria. And the inhabitants received him with respect; for they were in great tribulation and affliction. And Abba Benjamin, the patriarch of the Egyptians, returned to the city of Alexandria in the thirteenth year after his flight from the Romans, and he went to the Churches, and inspected all of them. And every one said: 'This expulsion (of the Romans) and victory of the Moslem is due to the wickedness of the emperor Heraclius and his persecution of the Orthodox through the patriarch Cyrus. This was the cause of the ruin of the Romans and the subjugation of Egypt by the Moslem. And 'Amr became stronger every day in every field of his activity. And he exacted the taxes which had been determined upon, but he took none of the property of the Churches, and he committed no act of spoliation or plunder, and he preserved them throughout all his days. [12]

The principles established by the early Caliphs were also honoured during the Crusades, as exemplified by Sultans such as Saladin and Al-Kamil. For example, after Al-Kamil defeated the Franks during the Crusades, Oliverus Scholasticus praised the Islamic laws of war, commenting on how Al-Kamil supplied the defeated Frankish army with food: [13]

Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power. [14]

The early Islamic treatises on international law from the 9th century onwards covered the application of Islamic ethics, Islamic economic jurisprudence and Islamic military jurisprudence to international law, [15] and were concerned with a number of modern international law topics, including the law of treaties; the treatment of diplomats, hostages, refugees and prisoners of war; the right of asylum; conduct on the battlefield; protection of women, children and non-combatant civilians; contracts across the lines of battle; the use of poisonous weapons; and devastation of enemy territory. [13]

Criteria for soldiering

Muslim jurists agree that Muslim armed forces must consist of debt-free adults who possess a sound mind and body. In addition, the combatants must not be conscripted, but rather enlist of their free will, and with the permission of their family. [16]

Legitimacy of war

Muslims have struggled to differentiate between legitimate and illegitimate wars. Fighting in self-defense is not only legitimate but considered obligatory upon Muslims, according to the Qur'an. The Qur'an, however, says that should the enemy's hostile behavior cease, then the reason for engaging the enemy also lapses. [17]

Defensive conflict

According to the majority of jurists, the Qur'anic casus belli (justification of war) are restricted to aggression against Muslims and fitna—persecution of Muslims because of their religious belief. [18] They hold that unbelief in itself is not the justification for war. These jurists therefore maintain that only combatants are to be fought; noncombatants such as women, children, clergy, the aged, the insane, farmers, serfs, the blind, and so on are not to be killed in war. [18] Thus, the Hanafī Ibn Najīm states: "the reason for jihād in our [the Hanafīs] view is kawnuhum harbā ‛alaynā [literally, their being at war against us]." [18] [19] The Hanafī jurists al-Shaybānī and al-Sarakhsī state that "although kufr [unbelief in God] is one of the greatest sins, it is between the individual and his God the Almighty and the punishment for this sin is to be postponed to the dār al-jazā’, (the abode of reckoning, the Hereafter)." [18] [20] War, according to the Hanafis, can't simply be made on the account of a nation's religion. [17] Abdulaziz Sachedina argues that the original jihad according to his version of Shi'ism was permission to fight back against those who broke their pledges. Thus the Qur'an justified defensive jihad by allowing Muslims to fight back against hostile and dangerous forces. [21]

Offensive conflict

Muhammad ibn Idris ash-Shafi`i (d. 820), founder of the Shafi'i school of thought, was the first to permit offensive jihad, limiting this warfare against pagan Arabs only, not permitting it against non-Arab non-Muslims. [17] This view of al-Shafi'i is mitigated by the fact that an opposite view, in agreement with the majority, is also attributed to al-Shafi'i. [22]

According to Abdulaziz Sachedina, offensive jihad raises questions about whether jihad is justifiable on moral grounds. He states that the Qur'an requires Muslims to establish just public order, increasing the influence of Islam, allowing public Islamic worship, through offensive measures. To this end, the Qur'anic verses revealed required Muslims to wage jihad against unbelievers who persecuted them. This has been complicated by the early Muslim conquests, which he argues were although considered jihad by Sunni scholars, but under close scrutiny can be determined to be political. Moreover, the offensive jihad points more to the complex relationship with the "People of the book". [21]

Some major modern scholars who have rejected the idea of "offensive jihad" include the founder of the Muslim Brotherhood, Hasan al-Banna (1906–1949), the Al-Azhar scholar Muhammad Abu Zahra (1898–1974) who thought that "military jihad is permitted only to remove aggression ('udwân) and religious persecution (fitnah) against Muslims", as well as Syrian scholars Mohamed Said Ramadan Al-Bouti (1929–2013) and Wahbah al-Zuhayli (1932-2015), the latter saying that "peace is the underlying principle of relations between Muslims and non-Muslims. al-Zuhayli maintains that this view is supported by 8:61, as well as 2:208 and 4:94 that establish the principle of international peace. For him, Muslims should be committed to peace and security (on the basis of 4:90 and 60:8)." [23]

International conflict

International conflicts are armed strifes conducted by one state against another, and are distinguished from civil wars or armed strife within a state. [24] Some classical Islamic scholars, like the Shafi'i, classified territories into broad categories: dar al-islam ("abode of Islam"), dar al-harb ("abode of war), dar al-ahd ("abode of treaty"), and dar al-sulh ("abode of reconciliation"). Such categorizations of states, according to Asma Afsaruddin, are not mentioned in the Qur'an and Islamic tradition. [17]

Declaration of war

The Qur'an commands Muslims to make a proper declaration of war prior to the commencement of military operations. Thus, surprise attacks prior to such a declaration are illegal under the Islamic jurisprudence.[ citation needed ] The Qur'an had similarly commanded Muhammad to give his enemies, who had violated the Treaty of Hudaybiyyah, a time period of four months to reconsider their position and negotiate. [25] This rule, however, is not binding if the adversary has already started the war. [26] Forcible prevention of religious practice is considered an act of war. [27]

Conduct of armed forces

During battle the Qur'an commands Muslims to fight against the enemy. However, there are restrictions to such combat. Burning or drowning the enemy is allowed only if it is impossible to achieve victory by other means. [28] The mutilation of dead bodies is prohibited. [29] The Qur'an also discourages Muslim combatants from displaying pomp and unnecessary boasting when setting out for battle. [30]

According to professor Sayyid Dāmād, no explicit injunctions against use of chemical or biological warfare were developed by medieval Islamic jurists as these threats were not existent then. However, Khalil al-Maliki's Book on jihad states that combatants are forbidden to employ weapons that cause unnecessary injury to the enemy, except under dire circumstances. The book, as an example, forbids the use of poisonous spears, since it inflicts unnecessary pain. [31]

Civilian areas

According to all madhhabs, it is not permissible to kill women or children unless they are fighting against the Muslims. [32] The Hanafi, Hanbali and Maliki schools forbid killing of those who are not able to fight, including monks, farmers, and serfs, as well as mentally and physically disabled. [32] [33]

Harming civilian areas and pillaging residential areas is also forbidden, [34] as is the destruction of trees, crops, livestock and farmlands. [35] [36] The Muslim forces may not loot travelers, as doing so is contrary to the spirit of jihad. [37] Nor do they have the right to use the local facilities of the native people without their consent. If such a consent is obtained, the Muslim army is still under the obligation to compensate the people financially for the use of such facilities. However, Islamic law allows the confiscation of military equipment and supplies captured from the camps and military headquarters of the combatant armies. [34] [38]

However, 14th century Fiqih Ibn Hudayl of Granada says: [39] [40]

It is permissible to set fire to the lands of the enemy, his stores of grain, his beasts of burden—if it is not possible for the Muslims to take possession of them—as well as to cut down his trees, to raze his cities, in a word, to do everything that might ruin and discourage him, provided that the imam deems these measures appropriate, suited to hastening the Islamization of that enemy or to weakening him. Indeed, all this contributes to a military triumph over him or to forcing him to capitulate.

Negotiations

Commentators of the Qur'an agree that Muslims should always be willing and ready to negotiate peace with the other party without any hesitation. According to Maududi, Islam does not permit Muslims to reject peace and continue bloodshed. [41]

Islamic jurisprudence calls for third party interventions as another means of ending conflicts. Such interventions are to establish mediation between the two parties to achieve a just resolution of the dispute. [42]

Ceasefire

In the context of seventh century Arabia, the Qur'an ordained Muslims must restrain themselves from fighting in the months when fighting was prohibited by Arab pagans. The Qur'an also required the respect of this cease-fire, prohibiting its violation. [26]

If, however, non-Muslims commit acts of aggression, Muslims are free to retaliate, though in a manner that is equal to the original transgression. [43] The "sword verse", which has attracted attention, is directed against a particular group who violate the terms of peace and commit aggression (but excepts those who observe the treaty). Patricia Crone states that this verse seems to be based on the same above-mentioned rules. Here also it is stressed that one must stop when they do. [3] [5] Ibn Kathir states that the verse implies a hasty mission of besieging and gathering intelligence about the enemy, resulting in either death or repentance by the enemy. [44] It is read as a continuation of previous verses, it would be concerned with the same oath-breaking of "polytheists". [3]

Prisoners of war

Men, women, and children may all be taken as prisoners of war under traditional interpretations of Islamic law. Generally, a prisoner of war could be, at the discretion of the military leader, executed, freed, ransomed, exchanged for Muslim prisoners, [45] [46] or kept as slaves. In earlier times, the ransom sometimes took an educational dimension, where a literate prisoner of war could secure his or her freedom by teaching ten Muslims to read and write. [47] Some Muslim scholars hold that a prisoner may not be ransomed for gold or silver, but may be exchanged for Muslim prisoners. [48] Women and children prisoners of war cannot be killed under any circumstances, regardless of their religious convictions, [49] but they may be freed or ransomed. Women who are neither freed nor ransomed by their people were to be kept in bondage - also referred to as malakah .

Kitab al-Umm of Al-Shafi'i also recorded how Zubayr ibn al-Awwam and Anas ibn Malik convinced Umar to pardon Hormuzan, despite Umar earlier intent to execute the Persian general for the death of his two precious soldiers, Mujaz'ah ibn Thawr as-Sadusi and al-Bara' ibn Malik. [50] Umar in the end agreed with Zubayr and Anas to spare Hormuzan as prisoner of war, and this historical rulings of Zubayr, Anas, and caliph Umar became the guideline for Shafiite scholars that prisoner of war in normal condition are not allowed to be harmed. [50]

Permission to interrogate & torture

However, there are special condition regarding the allowance the conduct of using torture as method of interrogation,

  • Ibn Taymiyyah, Hanbalite scholar who has been praised as Mujaddid, [51] has issued Fatwa that using torture on certain case for exceptionally dangerous criminal or enemy of the state were allowed, which based on the conduct of Zubayr ibn al-Awwam, when he tortured the Jewish chieftain Kenana ibn al-Rabi in the aftermath of the conquest of Khaybar fortresses, as Kenana was hiding the war spoils in Khaibar and refused to tell it. [52] [53] Abd al-Aziz Bin Baz, late 19th AD Grand Mufti of Saudi also supported Ibn Taymiyyah fatwa and issued his own fatwa with similar ruling on the basis Zubayr conduct of interrogating Kenana. [54] Ibn Baz highlighted Zubayr conduct were acknowledged and permitted by Muhammad, as Kenana was one of Jewish conspirator in Khaybar. [54] This criminal interrogation procedure exacted by Zubayr towards Kinana were also highlighted by other prominent scholars, such as Ahmad ibn Muhammad al-Thalabi in his work, Tafsir al-Tha'labi [55]
  • Shafiʽi school madhhab highlighted another case that were used in Ijma (consensus among scholars) to permit the interrogations towards enemy of the state were including the case when Ali ibn Abi Talib and Zubayr once threaten a polytheist informant spy who are being caught by the 2 Sahabah during the spy journey to inform Mecca about Muslims secret military operation. [56] [57] [58] [59]

This ruling of torturing testified and accepted by Islamic researcher as particular affirmative proposition in certain case against war criminal, which modern time Islamic jurisprudence law theorists agreed on by viewing the measure as the necessity of law upholding, rather than degradation of the rights of the prisoner as human. [56]

Internal conflict

Internal conflicts include "civil wars", launched against rebels, and "wars for welfare" launched against bandits. [24]

During their first civil war, Muslims fought at the Battle of Bassorah. In this engagement, Ali (the caliph), set the precedent for war against other Muslims, which most later Muslims have accepted. According to Ali's rules, wounded or captured enemies should not be killed, those throwing away their arms should not be fought, and those fleeing from the battleground should not be pursued. Only captured weapons and animals (horses and camels which have been used in the war) are to be considered war booty. No war prisoners, women or children are to be enslaved and the property of the slain enemies are to go to their legal Muslim heirs. [60]

Different views regarding armed rebellion have prevailed in the Muslim world at different times. During the first three centuries of Muslim history, jurists held that a political rebel may not be executed nor his/her property confiscated. [61]

Classical jurists, however, laid down severe penalties for rebels who use "stealth attacks" and "spread terror". In this category, Muslim jurists included abductions, poisoning of water wells, arson, attacks against wayfarers and travellers, assaults under the cover of night and rape. The punishment for such crimes were severe, including death, regardless of the political convictions and religion of the perpetrator.

Some modern commentators have argued that the classical precedent of harsh punishments for rebels engaging in attacks that harmed civilian populations can be taken as evidence that the religious justifications used by Islamist groups such as al Qaeda and ISIL are in fact, not grounded in the Islamic tradition. [61]

See also

Notes

  1. 1 2 Aboul-Enein and Zuhur (2004), pp. 3–4
  2. ↑ Ali, Shaheen Sardar; Rehman, Javaid. (Winter, 2005) "The Concept of Jihad in Islamic International Law". Journal of Conflict & Security Law. 10 (3) pp. 321–43.
  3. 1 2 3 Patricia Crone, Encyclopedia of the Qur'an , "War". Brill Publishers, p. 456.
  4. ↑ Micheline R. Ishay, The History of Human Rights: From Ancient Times to the Globalization Era, University of California Press, p. 45
  5. 1 2 Sohail H. Hashmi, David Miller, Boundaries and Justice: diverse ethical perspectives, Princeton University Press, p. 197
  6. ↑ Douglas M. Johnston, Faith-Based Diplomacy: Trumping Realpolitik, Oxford University Press, p. 48
  7. ↑ "BBC - Religions - Islam: War".
  8. ↑ Aboul-Enein, H. Yousuf and Zuhur, Sherifa, Islamic Rulings on Warfare, p. 22, Strategic Studies Institute, US Army War College, Diane Publishing Co., Darby PA, ISBN   1-4289-1039-5
  9. ↑ Tabari, Al (1993). The conquest of Arabia. State University of New York Press. p. 16. ISBN   978-0-7914-1071-4.
  10. ↑ Encyclopaedia of Islam (2005), p. 204
  11. ↑ El Daly, Okasha (2004). Egyptology: The Missing Millennium : Ancient Egypt in Medieval Arabic Writings. Routledge. p. 18. ISBN   1-84472-063-2.
  12. ↑ John of Nikiû (c. 600s). "CXX.72-CXXI.3". Chronicle . Retrieved 2010-03-31.
  13. 1 2 Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. p. 136. ISBN   90-411-0241-8.
  14. ↑ Judge Weeramantry, Christopher G. (1997). Justice Without Frontiers. Brill Publishers. pp. 136–37. ISBN   90-411-0241-8.
  15. ↑ Kelsay, J. (March 2003). "Al-Shaybani and the Islamic Law of War". Journal of Military Ethics. 2 (1). Routledge: 63–75. doi:10.1080/15027570310000027. S2CID   143975172.
  16. ↑ Aboul-Enein and Zuhur, pp. 12-13
  17. 1 2 3 4 Afsaruddin, Asma (2007). Views of Jihad Throughout History. Religion Compass 1 (1), pp. 165–69.
  18. 1 2 3 4 Ahmed Al-Dawoody (2011), The Islamic Law of War: Justifications and Regulations, pp. 78–9. Palgrave Macmillan. ISBN   9780230111608.
  19. ↑ Ibn Najīm, Al-Bahr al-Rā’iq, Vol. 5, p. 76.
  20. ↑ Khaled Abou El Fadl, The Rules of Killing at War: An Inquiry into Classical Sources, p. 152. The Muslim World. Volume 89, Issue 2, April 1999. doi: 10.1111/j.1478-1913.1999.tb03675.x
  21. 1 2 Sachedina, Abdulaziz (1988). The Just Ruler In Shi'ite Islam. Oxford University Press US. p. 106. ISBN   0-19-511915-0.
  22. ↑ H.R.H. Prince, Ghazi Muhammad; Ibrahim, Kalin; Mohammad Hashim, Kamali (2013). War and Peace in Islam: The Uses and Abuses of Jihad (PDF). The Islamic Texts Society Cambridge. p. 76. ISBN   978-1-903682-83-8. Archived from the original (PDF) on 2017-07-09. Retrieved 2016-04-21.
  23. ↑ ElSayed Amin, Reclaiming Jihad: A Qur'anic Critique of Terrorism, Kube Publishing (2015), pp. 104-106
  24. 1 2 Dāmād (2003), p.261
  25. ↑ Maududi (1967), p. 177, vol. 2
  26. 1 2 Maududi (1998), p. 36
  27. ↑ Mohammad, Noor (1985). "The Doctrine of Jihad: An Introduction". Journal of Law and Religion. 3 (2). St. Paul: Journal of Law and Religion, Inc.: 387. doi:10.2307/1051182. JSTOR   1051182. S2CID   159793899.
  28. ↑ Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History . DE GRUYTER MOUTON. p. 20. ISBN   9783110824858 – via De Gruyter.
  29. ↑ Ghamid (2001), referring to Sahih Bukhari 3016, and Sahih Bukhari 2613
  30. ↑ Ghamidi (2001), referring to Quran   8:47
  31. ↑ Dāmād (2003), p. 266
  32. 1 2 Peters, Rudolph (2015). Islam and Colonialism: The Doctrine of Jihad in Modern History . DE GRUYTER MOUTON. p. 21. ISBN   9783110824858 – via De Gruyter.
  33. ↑ Blankinship, Khalid Yahya (2011). "Parity of Muslim and Western Concepts of Just War". The Muslim World. 101 (3): 416. doi:10.1111/j.1478-1913.2011.01384.x. ISSN   1478-1913. In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.
  34. 1 2 Maududi (1998), p. 35
  35. ↑ Ali ibn al-Athir, Al-Kamil fi al-Tarikh , Vol. 3, p. 227
  36. ↑ Ali (1991), p. 79, quoting Quran   2:190
  37. ↑ Ghamidi (2006), refers to Sahih Bukhari 2629
  38. ↑ Ghamidi (2001), refers to a hadith "plundered [food] is not better than dead meat [forbidden in Islam]" Sahih Bukhari 2705
  39. ↑ Salzman, Philip Carl (2008). Culture and Conflict in the Middle East. Humanity Books. p. 142. ISBN   978-1-59102-587-0.
  40. ↑ L'ornement des âmes et la devise des habitants d'el Andalus: traité de guerre sainte islamique. 1939. p. 195.
  41. ↑ Maududi (1967), p. 151–14, vol. 2
  42. ↑ Abu-Nimer(2000-2001), p. 246.
  43. ↑ Ali (1991), p. 81
  44. ↑ This is the Ayah of the Sword Archived 2007-02-06 at the Wayback Machine by Ibn Kathir
  45. ↑ Tafsir of the Qur'an by Ibn Kathir Archived 2005-09-05 at the Wayback Machine
  46. ↑ Brunschvig. 'Abd; Encyclopedia of Islam
  47. ↑ Ibrahim Syed, Education of Muslims in Kentucky Prisons . Louisville: Islamic Research Foundation International
  48. ↑ 'Abu Yusuf Ya'qub Le Livre de l'impot foncier,' translated from Arabic and annotated by Edmond Fagnan, Paris, Paul Geuthner, 1991, pages 301–302. Abu Yusuf (d. 798 CE)
  49. ↑ Patricia Crone (2004), pp. 371-72
  50. 1 2 Ibn Idris, Muhammad (2020). Iqbal Santosa, Muhammad (ed.). Al-Umm #9: Kitab Induk Fiqih Islam (in Indonesian). Translated by Fuad Syaifuddin Nur. Jagakarsa, Jakarta, Indonesia: Republika Penerbit. p. 87. ISBN   9786232790087 . Retrieved 16 December 2021.
  51. ↑ The Legal Thought of Jalāl Al-Din Al-Suyūṭī: Authority and Legacy, Page 133 Rebecca Skreslet Hernandez
  52. ↑ Abi Al-Abbas Ahmed Al-Harrani / Ibn Taymiyyah, Taqi Al-Din (2010). Abdel Qader Atta, Muhammad; Abdel Qader Atta, Mustafa (eds.). الفتاوى الكبرى - فتاوى شيخ الإسلام ابن تيمية 1-6 ج3 [The Great Fatwas - Fatwas of Sheikh Al-Islam Ibn Taymiyyah 1-6 Part 3] (in Arabic). Dar Al Kotob Al Ilmiyah. p. 521. Retrieved 12 December 2021.
  53. ↑ Mahmud Ibrahim Bakhit, Rajab. تهذيب تاريخ الطبرى [Refining the history of al-Tabari]. ktab INC. p. 213. Retrieved 29 December 2021.
  54. 1 2 Ibn Baz, Abd al Aziz. "ما حكم تعذيب المجرم المتهم؟" [What is the ruling on torturing the accused criminal?]. BinBaz.org (in Arabic). Retrieved 11 December 2021.
  55. ↑ al-Tha'labi, Abu Ishaq (2004). Kasrawi Hassan, Sayyid (ed.). Tafsir Al-Thalabi Al-Kashf and Al-Bayan 1-6 Part 5 (in Arabic). Dar al Kotob Ilmiyah. Retrieved 29 December 2021.
  56. 1 2 Razmi, Mohsen; Enferadi Kolarkatteh, Morteza (2005). "A review of jurisprudential arguments for the permissibility of torture in islam". Revista Quaestio Iuris. 11 (3). doi: 10.12957/rqi.2018.36021 . S2CID   159661523 . Retrieved 11 December 2021.
  57. ↑ Muhammad al-Qaysi, Abdul Qadir (2019). إجراءات التحقيق الجنائي في الشريعة الإسلامية [Criminal investigation procedures in Islamic law](Ebook) (Doctor) (in Arabic). Dar al Kotob Ilmiyah. p. 342. ISBN   9782745101976 . Retrieved 29 December 2021.
  58. ↑ Muhammad Qadi, Abd Allah (1989). السياسة الشرعية: مصدر للتقنين بين النظرية والتطبيق : دراسة تأصيلية للوحدة الجامعة بين السياسة والفقه ... [Legitimate politics : a source of codification between theory and practice: A fundamental study of the uniting unity between politics and jurisprudence...] (in Arabic). sn]. p. 90. Retrieved 29 December 2021.
  59. ↑ bin A. W. al-Aqil, Muhammad (2006). Bamualim, Abu Mubarak; Haryanto, Eko; Syu'aib al-Faiz, Mohammad (eds.). Manhaj 'Aqidah Imam asy-Syafi'i (in Indonesian). Translated by Saefuddin Zuhri; Nabhani Idris. Pustaka Imam asy-Syafi'i. p. 249. ISBN   9789793536224 . Retrieved 22 December 2021. 20 Kemudian, Imam asy - Syafi'i atas mengemukakan dalilnya , yaitu hadits ' Ali , ujarnya : " Rasulullah telah mengutusku bersama Miqdad dan Zubair . ' Pergilah kalian bertiga dan cegatlah seorang perempuan Setelah kami menjumpai ...
  60. ↑ Madelung (1997), p.179
  61. 1 2 Abou El Fadl, Khaled. [Commentary: Terrorism Is at Odds With Islamic Tradition]. Muslim Lawyers

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<span class="mw-page-title-main">Jihad</span> Struggle of a religious kind in Islam

Jihad is an Arabic word that means "exerting", "striving", or "struggling", particularly with a praiseworthy aim. In an Islamic context, it encompasses almost any effort to make personal and social life conform with God's guidance, such as an internal struggle against evil in oneself, efforts to build a good Muslim community (ummah), and struggle to defend Islam. In non-Muslim societies, the term is most often associated with offensive warfare and violence.

In Islam, sunnah, also spelled sunna, is the body of traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time supposedly saw and followed and passed on to the next generations. According to classical Islamic theories, the sunnah are documented by hadith, and alongside the Quran are the divine revelation (wahy) delivered through Muhammad that make up the primary sources of Islamic law and belief/theology. Differing from Sunni classical Islamic theories are those of Shia Muslims, who hold that Imams interpret the sunnah, and Sufi who hold that Muhammad transmitted the values of sunnah "through a series of Sufi teachers".

<span class="mw-page-title-main">Hanafi school</span> School of Islamic jurisprudence

The Hanafi school or Hanafism is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was established by the 8th-century scholar, jurist, and theologian Abu Hanifa, a follower whose legal views were primarily preserved by his two disciples Abu Yusuf and Muhammad al-Shaybani. As the oldest and most-followed of the four major Sunni schools, it is also called the "school of the people of opinion". Many Hanafis also follow the Maturidi school of theology.

<span class="mw-page-title-main">Hanbali school</span> School of Islamic jurisprudence

The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and traditionist, Ahmad ibn Hanbal, and later institutionalized by his students. One who ascribes to the Hanbali school is called a Hanbali, Hanbalite or Hanbalist. It is the smallest and adheres the most strictly to the traditionalist school of theology out of the four major Sunni schools, the others being the Hanafi, Maliki and Shafi'i schools.

<span class="mw-page-title-main">Maliki school</span> School of Islamic jurisprudence

The Maliki school or Malikism is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law.

<i>Madhhab</i> School of thought within Islamic jurisprudence

A madhhab refers to any school of thought within Islamic jurisprudence. The major Sunni madhāhib are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exert influence over legal thought. The development of Shia legal schools occurred along the lines of theological differences and resulted in the formation of the Ja'fari madhhab amongst Twelver Shias, as well as the Isma'ili and Zaidi madhhabs amongst Isma'ilis and Zaidis respectively, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman. Unlike Sunnis, Shias, and Ibadis, non-denominational Muslims are not affiliated with any madhhab.

<span class="mw-page-title-main">Al-Shafi'i</span> Muslim scholar, jurist, and traditionist (767–820)

Al-Shafi'i was a Muslim scholar, jurist, traditionist, theologian, ascetic, and eponym of the Shafi'i school of Sunni jurisprudence. He is known to be the first to write a book upon the principles of Islamic jurisprudence, having authored one of the earliest work on the subject: al-Risala. His legacy and teaching on the matter provided it with a systematic form, thereby "fundamentally influenc[ing] the succeeding generations which are under his direct and obvious impact," and "begin[ning] a new phase of the development of legal theory."

Abu Hanifa was a Muslim scholar, jurist, theologian, ascetic, and eponym of the Hanafi school of Sunni jurisprudence, which remains the most widely practiced to this day. His school predominates in Central and South Asia, Turkey, the Balkans, Russia, and some parts of the Arab world.

Muhammad bin Ahmed bin Juzayy Al Gharnati, better known as Ibn Juzayy was an Andalusian Sunni Muslim scholar of Arab origin. He was a distinguished Maliki jurist, legal theoretician, Quran commentator, Quran reciter, hadith scholar, historian, scholar in Arabic, poet, preacher, orator, and a literary figure. He achieved notoriety at a young age, known as a major scholar of his day. He is famed for authoring classical works and for achieving martyrdom during his jihad against the Spanish Christian crusade.

At-Tawbah is the ninth chapter of the Quran. It contains 129 verses and is one of the last Medinan surahs. This Surah is known by two names, At-Taubah and Al-Bara'at. It is called At-Taubah in light of the fact that it articulates taubah (atonement) and informs about the conditions of its acceptance.. The name Bara'at (Release) is taken from the opening word of the Surah.

<span class="mw-page-title-main">Al-Anfal</span> 8th chapter of the Quran

Al-Anfal is the eighth chapter (sūrah) of the Quran, with 75 verses (āyāt). Regarding the timing and contextual background of the revelation, it is a "Medinan surah", completed after the Battle of Badr. It forms a pair with the next surah, At-Tawba.

Naskh is an Arabic word usually translated as "abrogation". In tafsir, or Islamic legal exegesis, naskh recognizes that one rule might not always be suitable for every situation. In the widely recognized and "classic" form of naskh, one ḥukm "ruling" is abrogated to introduce an exception to the general rule, but the text the ḥukm is based on is not repealed.

Al-Miqdad ibn Amr al-Bahrani, better known as al-Miqdad ibn al-Aswad al-Kindi or simply Miqdad, was one of the companions of the Islamic prophet Muhammad. His kunya was Abu Ma'bad. Miqdad was born in Eastern Arabia. He became fugitive in his hometown and ran to Mecca, where he served Aswad al-Kindi. Miqdad managed to gain favor of his master, who in turn adopted him as his son.

<span class="mw-page-title-main">Ahl al-Hadith</span> 8th-century Islamic school of thought

Ahl al-Hadith is an Islamic school of Sunni Islam that emerged during the 2nd and 3rd Islamic centuries of the Islamic era as a movement of hadith scholars who considered the Quran and authentic hadith to be the only authority in matters of law and creed. They were known as "Athari" for championing traditionalist theological doctrines which rejected rationalist approaches and advocated a strictly literalist reading of Scriptures. Its adherents have also been referred to as traditionalists and sometimes traditionists. The traditionalists constituted the most authoritative and dominant bloc of Sunni orthodoxy prior to the emergence of mad'habs during the fourth Islamic century.

<span class="mw-page-title-main">Islamic views on prisoners of war</span> Aspect of Islamic jurisprudence

Islamic views on prisoners of war encompass teachings from the Qur'an and hadith as well as later regulations developed in Islamic jurisprudence.

Al-Zubayr ibn al-Awwam ibn Khuwaylid al-Asadi was an Arab Muslim commander in the service of the Islamic prophet Muhammad and the caliphs Abu Bakr and Umar who played a leading role in the Ridda wars against rebel tribes in Arabia in 632–633 and later participated in early Muslim conquests of Sasanid Persia in 633–634, Byzantine Syria in 634–638, and the Exarchate of Africa in 639–643.

Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature. In Shi'ite jurisprudence, the notion of Sunnah is extended to include traditions of the Imams.

Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī, the father of Muslim international law, was a Muslim jurist and a disciple of Abu Hanifa, Malik ibn Anas and Abu Yusuf.

The Quran contains verses believed by Muslims to be revealed to the Islamic prophet Muhammad at different times and under different circumstances – some exhorting violence against enemies and others urging restraint and conciliation. Because some verses abrogate others, and because some are thought to be general commands while others refer to specific enemies, how the verses are understood and how they relate to each other "has been a central issue in Islamic thinking on war" according to scholars such as Charles Matthews.

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