Hedaya 2.140 Annotated

Hedaya 2.141 Annotated

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Saturday, June 04, 2016

Jihad is Offensive, not Defensive! Islamic Law Proves it.

Jihad Is Not Defensive!!! Muslims, dhimmis & apologists falsely assert that Jihad is exclusively defensive. Islamic law proves them to be liars. I am exhibiting and providing links to the relevant pages of the legal codes of the Hanafi, Maliki & Shafi'i schools of Islamic law.
Read them and understand that Jihad is offensive & aggressive, undertaken on Islamic initiative.

Hedaya Volume II Book IX, Chapter II Page 143
http://www.archive.org/stream/hedaysorguide00hamigoog#page/n155/mode/2up

For the benefit of those who can not tolerate the archaic font, archaic vocabulary and poor print quality, I present a cleaned up version of the substantive part of the vital paragraph. with bold emphasis added.

When the Muslims enter the enemy's country, and besiege the cities or strong holds of the infidels, it is necessary to invite them to embrace the faith, because Ibn Abbas relates of the prophet that " he never destroyed any without previously inviting them to embrace the faith. " If, therefore, they embrace the faith, it is unnecessary to war with them, because that which was the design of the war is then obtained without war.  The prophet, moreover, has said "we are directed to make war upon men until such time as they shall confess there is no God but one God; but when they repeat this creed, their persons and properties are in protection."  ---If they do not accept the call to the faith, they must then be called upon to pay Jizya, or capitation-tax; because the prophet directed the commanders of his armies so to do; and also, because by submitting to this tax, war is forbidden and terminated, upon the authority of the Koran.

https://archive.org/stream/TheRisala/TheRisala-ATreatiseOnMalikiFiqh#page/n283/mode/2up/



Here is an enlargement of the pertinent part:



Reliance Of The Traveller is the fiqh of the Shafi'i school, a widely accepted code.
http://concit.org/wp-content/uploads/2015/02/reliance2_complete.pdf#page=620
o9.8 begins on page 620 of the pdf, 602 of the text.



Here is the pertinent part enlarged for easy reading:


    I have now exhibited to you relevant passages from the Islamic law of the Hanafi, Maliki & Shafi'i schools of Islamic law. The three agree that it is necessary to invite infidels to Islam before attacking them.

    The Shafi'i fiqh specifically gives Surah At-Taubah 9.29 as its scriptural basis; take a close look at it: 

9:29. Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.

Click through, read the entire surah and see if there is any defensive element in it.  Then read Ibn Kathir's tafsir of 9.29; is defense mentioned therein?

    Would Muslims be required to issue dawah before attacking if infidels were attacking them?  Risala explicitly answers in the negative.

    Moe's orders to his commanders in the field are reported in Sahih Muslim 19.4294. I quote the pertinent part.
If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them...


    When Umar sent the Muslim army to Persia, a Persian general asked why they were attacking. The answer is found in Sahih Bukhari 4.53.386; I quote the pertinent part.
Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:-- "Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master."

8.39  9.29 are fight...until loops with compound terminal conditions Neither one has any element of defense in its text or context.  9.123 has neither defensive element nor terminal condition.  What did Moe say about them?

Sunan Abu Dawud 14.2635
    Narrated Anas ibn Malik:

    The Prophet (peace_be_upon_him) said: I am commanded to fight with men till they testify that there is no god but Allah, and that Muhammad is His servant and His Apostle, face our qiblah (direction of prayer), eat what we slaughter, and pray like us. When they do that, their life and property are unlawful for us except what is due to them. They will have the same rights as the Muslims have, and have the same responsibilities as the Muslims have.

Sahih Bukhari Volume 4, Book 52, Number 196:
Narrated Abu Huraira:
Allah 's Apostle said, " I have been ordered to fight with the people till they say, 'None has the right to be worshipped but Allah,' and whoever says, 'None has the right to be worshipped but Allah,' his life and property will be saved by me except for Islamic law, and his accounts will be with Allah, (either to punish him or to forgive him.)"

Sahih Bukhari Volume 1, Book 8, Number 387:
Narrated Anas bin Malik:
Allah's Apostle said, "I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah.' And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah." Narrated Maimun ibn Siyah that he asked Anas bin Malik, "O Abu Hamza! What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."


Sahih Bukhari Volume 9, Book 92, Number 388:
Narrated Abu Huraira:
When Allah's Apostle died and Abu Bakr was elected as a Caliph after him, some of the Arabs reverted to disbelief, 'Umar said to Abu Bakr, "How dare you fight the people while Allah's Apostle said, I have been ordered to fight the people till they say 'None has the right to be worshipped but Allah' And whoever says: None has the right to be worshipped but Allah.' saves his wealth and his life from me unless he deserves a legal punishment justly, and his account will be with Allah! Abu Bakr said, "By Allah, I will fight him who discriminates between Zakat and prayers, for Zakat is the Compulsory right to be taken from the wealth By Allah, if they refuse to give me even a tying rope which they use to give to Allah's Apostle, I would fight them for withholding it." 'Umar said, 'By Allah, It was nothing, except I saw that Allah had opened the chest of Abu Bakr to the fight, and I came to know for certain that was the truth."


    The Profit said he was commanded/ordered to fight with men/the people until they recite shehada and do things his way. There is no element of defense in any of the ahadith relating to the Jihad imperative.

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