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

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.

ROPMA

ROPMA

Update 02/20/12: The demise of tafsir.com broke the links to Tafsir Ibn Kathir.  The links have been changed to point to equivalent text at Islam-Universe.Relevant  references to Shari'ah have been added because they confirm the obvious better than anything else can. 

 

So Islam is "a great religion of peace" ? Explain these topic titles from Ibn Kathir's Tafsir. Click them and read their contents.  Why did Allah  command and order Muslims to commit aggression?

• The Command for Endurance when the Enemy Engaging
• The Command for Jihad against the Disbelievers and the Hypocrites
• The Command to fight Those Who fight Muslims and killing Them wherever They are found
• The Command to strike the Enemies' Necks, tighten Their Bonds, and then free Them either by an Act of Grace or for a Ransom
• The Order to fight People of the Scriptures until They give the Jizyah
• The Order for Jihad against the Disbelievers, the Closest, then the Farthest Areas
• The Order to fight to eradicate Shirk and Kufr
• The Order to fight until there is no more Fitnah
• The Order for Jihad against the Disbelievers and Hypocrites

So terrorism is haram? Explain these tafsir which explain 8:60 and 8:12!!

• Making Preparations for War to strike Fear in the Hearts of the Enemies of Allah
• Muslims invoke Allah for Help, Allah sends the Angels to help Them

    In Tafsir Ibn Kathir, you see the ayat which enjoin offensive warfare and the ahadith which confirm them, but you do not see their practical application.  For that you must turn to Shari'ah: Islamic law which is based on the Qur'an & hadith.

    Reliance of the Traveller is the most well known codification of Shari'ah. It reflects the fiqh of the Shafi'i school of Islamic law.  It is divided into books, each of which bears a letter as its name. Book O codifies the laws related to justice, including the definition, communal obligation & performance of jihad. 

    Reliance defines Jihad as "war against non-Muslims". It is a communal obligation, binding on all eligible male Muslims until a sufficient number have responded to the front.  Jihad must be performed in every year, and it is performed against disbelievers while they are in their own countries, peacefully minding their own affairs.

    The caliph makes war against Jews, Christians and Zoroastrians until they are subjugated and submit to annual extortion payments called jizya.  He fights all other peoples until they become Muslims. 

    That is not my opinion, I did not pull it out of any orifice, it is plain and clear on the face of the text of Reliance of the Traveller, which is certified authentic and accurate by sheikhs of  al-Azhar University at Cairo.  

• http://www.islamicbulletin.com/free_downloads/resources/reliance_complete.pdf#page=617

    Would you like a second opinion? Try Risala, the handbook of fiqh belonging to the Maliki school of Islamic Law.  Risala defines jihad as " a technical term for the Muslim fighting the unbelievers who have no treaty with the intention of elevating the word of Allah or presenting Islam". Muslims must invite disbelievers to Islam. If they reject Islam, they must demand jizya. If  refused, they must wage war. 

• http://www.baytulislam.org/Documents/fiqh/imammalik/The-Risala-A-Treatise-on-Maliki-Fiqh.pdf#page=284

    Would you like a third opinion?  Try Hedaya, the handbook of fiqh belonging to the Hanifi school of Islamic Law.  From Hedaya, we learn that jihad must be undertaken at all times by some party of the Muslims.  We learn that "destruction of the sword is incurred by infidels even though they be not the first aggressors".   We also learn that jizya is a punishment for infidelity and a payment in lieu of destruction. 

• http://ia700204.us.archive.org/10/items/hedayaorguideac00hamigoog/hedayaorguideac00hamigoog.pdf#page=154

White House Shari'ah Rally: What Do They Want?

I learned from a Daily Mail article that three infamous British Muslims have been asked to address a pro Shari'ah rally at the White House March 3, 2011. The event is sponsored by the International Institute of Islamic Thought.   If we had rational and patriotic leaders in power, Anjem Choudary, Abu Izzadeen and Sayful Islam would be denied visas.

    The theme of the rally is supposed to be exhortation to rise up and impose Shari'ah on America. Literally the "path to life giving waters", Shari'ah is a codification of the laws laid down in the Qur'an & hadith. 

    The Sunnis comprise the majority of Muslims and the Shafi'ite school of jurisprudence is the most widely accepted of the Sunni schools. Its handbook of fiqh is Reliance of the Traveller and Guide to the Faithful.

    I have included images from a pdf file scanned from Reliance of the Traveller. Click them to view full sized images. Lest you doubt the authenticity of the text, I included two certifications of authenticity, from al-Azhar & IIIT. 

    Reliance is divided into topical books. Book o treats of "Justice"; chapter 9 treats the law of jihad, beginning with a definition:

09.0 JIHAD
(0: Jihad means to war against non-Muslims,
and is etymologically derived from the word
mujahada, signifying warfare to establish the
religion.[...]

The text cites several verses of the Qur'an and hadith to back that up.  o9.1 discusses the communal obligation of waging war against infidels, which is "meaning upon the Muslims each year"  Islamic law requires a minimum of one military expedition against infidels in every year. 

    O9.8 reveals the practical application of that communal obligation.

o9.8 Thc caliph (025) makes war upon Jews,
Christians, and Zoroastrians (N: provided he has
first invited them to enter Islam in faith and practice,
and if they will not, then invited them to
enter the social order of Islam by paying the nonMuslim
poll tax (jizya, def: 01 L4)-which is the
significance of their paying it, not the money
itself-while remaining in their ancestral religions)
(0: and the war continues) until they
become Muslim or else pay the non-Muslim poll
tax (0: in accordance with the word of Allah Most
High,...

The text continues with the scriptural basis of the ruling, which is 9:29.  Note the similarity of expression used by J.M. Rodwell.

Make war upon such of those to whom the Scriptures have been given as believe not in God, or in the last day, and who forbid not that which God and His Apostle have forbidden, and who profess not the profession of the truth, until they pay tribute out of hand, and they be humbled.

    O9.9 follows up with warfare against pagans.

09.9 The caliph fights all other peoples until
they become Muslim (0: because they are not a
people with a Book, nor honored as such, and are
not permited to settle with paying the poll tax...

Imam Faisal Abdul Rauf and other advocates of Shari'ah won't tell you about those provisions, why not? 

    There are important considerations other than violence. The concept of equality is one of them.  Consider what chapter 24 says about testimony.

024.2 Legal testimony is only acceptable from a
witness who:
(a) is free;
(b) is fully legally responsible (mukallaf, def:
c8.1) (0: as testimony is not accepted from a child
or insane person, even when the child's testimony
regards injuries among ehildren that oeeurred at
play);
(e) is able to speak;
(d) is mentally awake;
(e) is religious (0: meaning upright (024.4)
(A: and Muslim), for Allah Most High says,
"Let those of rectitude among you testify"
(Koran 65:2),
and unbelief is the vilest form of corruption, as
goes without saying);

If you ain't Muslim, you can't be a witness!  Let that sink in for a moment. Read it again.  What do you think about Shari'ah now?  The testimony of a man is worth that of two women.

024.7 The testimony of the following is legally
acceptable when it concerns cases involving property,
or transactions dealing with property, such
as sales:
(1) two men;
(2) two women and a man;
(3) or a male witness together with the oath
of the plaintiff.

Why is the feminist movement silent about this?

    In England and some American states, there is pressure for application of Shari'ah to domestic matters; family disputes.  The laws concerning marriage are laid out in book m.  I will raise one quote from that book, containing a concept which will cause any rational and compassionate person to reject Shari'ah.

GUARDIANS WHO MAY MARRY A VIRGIN
TO A MAN WITHOUT HER CONSENT
m3.13 Guardians are of two types, those who
may compel their female charges to marry someone,
and those who may not.
(1) The only guardians who may compel
their charge to marry are a virgin bride's father or
father's father, compel meaning to marry her to a
suitable match (def: m4) without her consent.
(2) Those who may not compel her are not
entitled to marry her to someone unless she
accepts and gives her permission.
Whenever the bride is a virgin, the father or
father's father may marry her to someone without
her permission, though it is recommended to ask
her permission if she has reached puberty. A virgin's
silence is considered as permission.
As for the nonvirgin of sound mind, no one
may marry her to another after she has reached
puberty without her express permission, no matter
whether the guardian is the father, father's
father, or someone else.

Let that sink in for a moment.  Read it again. Do you want Shari'ah to be applied here?  Why/why not??

    Divorce is one of the more important family law matters. Under Shari'ah, a husband need only declare divorce three times to give it legal effect.

n1.3 The person conducting the divorce may
effect it himself or commission another (def:
k17.5-6) to do so, even if the person commissioned
is a woman.
The person commissioned may effect the
divorce at any time (0: provided the one who
commissions him does not cancel the commission
before the divorce takes place (dis: k17.16»,
though when a husband tells his wife. "Divorce
yourself," then if she immediately says, "I divorce
myself," she is divorced, but if she delays, she is
not divorced unless the husband has said, "Divorce
yourself whenever you wish."

n2.1 A free man has three pronouncements of
divorce (0: because of the word of Allah Most
High,
"Divorce is two times, then retain with kindness
or graciously release" (Koran 2:229),
and when the Prophet (Allah bless him and give
him peace) was asked about the third time, he
said,
"It is Allah's having said, 'or graciously
release' ").

    I have furnished links to the pdf file containing Reliance. The images below are screen shots taken from that file. Click them to view full sized images. You don't need to take my word for the facts, I make it easy for you to verify what I write. 

Certificate of authenticity from IIIT	Certificate of authenticity from al-Azhar University
o9.0 Defines jihad.	o9.1 Describes the obligation of annual attacks on disbelievers.
o9.8 "The caliph makes war on Jews, Christians...	o9.9 ...fights all other peoples...
Christians can't testify in court.	Woman's witness: half weight.
Further details on testimony.	A father may force his pre-pubescent daughter to wed.
Book N: Divorce: contents	Book N: Divorce: contents
N2.2 Divorce

    Reliance is not the only handbook of Islamic law, though it is the most popular. Others are generally less detailed in some matters. Al-Hedaya is not as easy to read but it explains the differences between Shafi'ite and Hanifi fiqh. 

    For the Maliki fiqh on jihad, turn to chapter 30 of Risala, which offers less detail than Reliance.  The Hanifi fiqh of jihad is in  al-Hedaya, Vol. II, Book IX, Chapter 1.

    The fiqh of wudu & prayer tends to be arcane, nonsensical and harmless to us. But the Islamic law regarding war is totally unacceptable, as is the inequality of women and religious minorities.  The concepts of arbitrary divorce & forced marriage are so repugnant as to compel vigorous objection to imposition of Shari'ah. 

    Let us therefore rise up as one with a loud voice shouting HELL NO!!! to those who demand imposition of Islamic law.  Let us support the state legislation designed to ban it and make demands for national legislation to prevent the imposition of Shari'ah in the federal courts.