Lesson 85

War and Peace (2)

The good manners of Jihad are as follows:

 

a) Good battle tactics

The good manners of Jihad:

b) Keeping secrets

The good manners of Jihad:

c) Calling the unbelievers to Islam or to surrender, before attacking them.

The good manners of Jihad:

d) Not to kill women, children, the aged, and monks as long as they are not

participating in the fight.

The good manners of Jihad:

e) Not to set fire to the enemy or disfigure bodies of the killed

The good manners of Jihad:

f) Providing protection for those who ask for it.

The good manners of Jihad:

g) Remembrance of Allah and supplication

The spoils of the battle:

One fifth is for the ruler to spend it in lawful channels and the rest

as bonuses for the warriors.

The booty:

Booty can be gained without fighting that is, the wealth of the unbelievers that is

left over after their escape are to be spent by the ruler like the fifth of the spoils

Poll taxes (Jizyah):

• Poll taxes (Jizyah) are taken from the inhabitants of the conquered countries, except women, children, the poor and those who are unable to earn money.

In return, they are protected and are exempted from paying Zakah, which is

obligatory for Muslims.

If necessary, or to realize an Islamic interest, it is possible to make a

reconciliation with the enemy but not to be allies.

Evidence from the Qur’an and Sunnah

Good manners of Jihad:

Allah says :

� وا ر� ك�ف� ال ذ�ين� يت�م� ل�ق� �ذ�ا إ � ن�وا آم� ال ذ�ين� ا ي�ه�� أ ي�ا

. م� ل�ه� ي�و� و�م�ن د�ب�ار�األ� ل�وه�م� ت�و� ال� ف� فا& ح� ز�

& ي�زا ت�ح� م� و�أ� ت�ال+ ل�ق� & فا �ر ت�ح� م� إ�ال ه� د�ب�ر� ئ�ذ+ م� ي�و�

اه� و�أ� و�م� الل2ه� م�ن� ب�غ�ض�ب+ ب�اء د� ق� ف� ئ�ة+ ف� �ل�ى إ

ير� ال�م�ص� ب�ئ�س� و� ن م� ه� ج� : (16 - 15األنفال)

This means: “O you who believe! When you meet those who disbelieve, in a battle-field, never turn your backs to them. And whoever turns his back to them on such a day - unless it be a

stratagem of war, or to retreat to a troop (of his own), - he indeed has drawn upon

himself wrath from Allah. And his abode is Hell, and worst indeed is that destination!”

(Al-Anfal: 15 - 16)

The Messenger of Allah (SAWS) said:“When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. Invite them to (accept) Islam; if they

respond to you, accept it from them and desist from fighting against them.

If they refuse to accept Islam, demand from them the Jizyah. 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.”

(Reported by Abu-Dawud and Muslim)

The Prophet (SAWS) also said:“Go in Allah’s Name, trusting in Allah, and

adhering to the religion of Allah’s Messenger. Do not kill a decrepit old man, or a young infant, or a child, or a woman;

do not be dishonest about booty, but collect your spoils, do right and act well, for Allah

loves those who do well.” (Reported by Abu-Dawud)

Not to betray:

He (SAWS) also said:

“Never betray.”

(Reported by Muslim)

The Prophet (SAWS) said:“When Allah will gather together, on the Day of Judgment, all the earlier and later

generations of mankind, a flag will be raised (to mark off) every person guilty

of betrayal, and it will be announced that this is the perfidy of so and so, son of so and so (to attract the attention of people

to his guilt).” (Reported by al-Bukhariyy and Muslim)

 Not to burn or mutilate:

He (SAWS) also said:

“If you find so-and-so, kill him, and do not burn him, for no one punishes with fire

except the Lord of the fire.”

(Reported by Abu-Dawud)

Samurah Ibn-Jundub (RA) narrated:

“The Prophet of Allah (SAWS) used to exhort us to give charity (Sadaqah) and

forbid us to mutilate (a slain).” (Reported by al-Bukhariyy)

He (SAWS) also said:

“The most merciful of the people with respect to killing are believers (in

Allah).”

(Reported by Abu-Dawud)

 He (SAWS) also said:

“Supplications at two times are never turned down or (are seldom turned down): a supplication made while the Adhan is being proclaimed and one during the

battle when the fighting is at its utmost.” (Reported by Abu-Dawud)

He (SAWS) also said:

“O Allah. Revealer of the Book, Disperser of the clouds, Defeater of the hordes, put

our enemy to rout and help us against them.”

(Reported by al-Bukhariyy and Muslim)

Booties gained without fighting:

Allah says:

ل�ل ه� ﴿ أ�ن ف� ء+ ي� ش� م�ن ت�م غ�ن�م� ا ن م�� أ وا اع�ل�م� و�

ب�ى ر� ال�ق� ل�ذ�ي و� ول� س� ل�لر و� ه� م�س� خ�ــب�يل� الس اب�ن� و� اك�ين� ال�م�س� و� ـام�ى ال�ي�تـ� و�

ع�ل�ى ل�ن�ا أ�نز� ا و�م� ب�الله� نت�م آم� ك�نت�م� إ�نان� ... ق� ر� ال�ف� ي�و�م� : ﴾ع�ب�د�ن�ا [41األنفال]

This means: “And know that whatever of war-booty that you may gain, verily one-fifth (1/5th) of it is assigned to Allah, and to the Messenger, and to the near relatives, (and also) the orphans, Al-Masakin

(the poor) and the wayfarer, if you have believed in Allah and in that which We sent down to Our

slave (Muhammad SAWS) on the Day of criterion (between right and wrong).”

(Al-Anfal: 41)

Allah says:

ل� ﴿ أ�ه� م�ن� ول�ه� س� ر� ع�ل�ى الله� اء� ف�أ� ا م�

ب�ى ر� ال�ق� ل�ذ�ي و� ول� س� ل�لر و� ل�ل ه� ف� ى ر� ال�ق�ب�يل� الس اب�ن� و� اك�ين� ال�م�س� و� ال�ي�ت�ام�ى و�نك�م� م� األ�غ�ن�ي�اء� ب�ي�ن� د�ول�ة& ي�ك�ون� ال� ﴾ك�ي�

: [7الحشر]

This means: “What Allah gave as booty (Fai') to His

Messenger (Muhammad SAWS) from the people of the townships, - it is for Allah, His Messenger (SAWS), the kindred, the orphans, Al Masakin (the poor), and the

wayfarer, in order that it may not become a fortune used by the rich among you.”

(Al-Hashr: 7)

 Poll taxes (Jizyah):

Allah says:ر� ﴿ اآلخ� ب�ال�ي�و�م� و�ال� ب�الله� ن�ون� ي�ؤ�م� ال� ال ذ�ين� ات�ل�وا ق�

ي�د�ين�ون� و�ال� ول�ه� س� و�ر� الله� م� ر ح� ا م� م�ون� �ر ي�ح� و�ال�ي�ع�ط�وا ت ى ح� ال�ك�ت�اب� أ�وت�وا ال ذ�ين� م�ن� �ق ال�ح� د�ين�

ون� اغ�ر� ص� و�ه�م� ي�د+ ع�ن ي�ة� ز� ﴾ال�ج� : [ 29التوبة] 

This means: “Fight against those who (1) believe not in Allah,

(2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allah and His

Messenger (4) and those who acknowledge not the religion of truth (i.e. Islam) among the

people of the Scripture (Jews and Christians), until they pay the Jizyah with willing

submission, and feel themselves subdued.” (At-Tawbah: 29)

 Reconciliation:

Allah says:

الله� ﴿ ند� ع� Xد ع�ه� ر�ك�ين� ل�ل�م�ش� ي�ك�ون� ك�ي�ف�ول�ه� س� ر� ند� و�ع�

ام� ر� ال�ح� د� ج� ال�م�س� ند� ع� دت�م� ع�اه� ال ذ�ين� إ�ال إ�ن م� ل�ه� يم�وا ت�ق� اس� ف� ل�ك�م� ام�وا ت�ق� اس� ا م� ف�

ين� ت ق� ال�م� ب� ي�ح� ﴾الله� : [7التوبة ]

This means: “How can there be a covenant with Allah and

with His Messenger for the Mushrikun (polytheists, idolaters, pagans, disbelievers in the Oneness of Allah) except those with whom

you made a covenant near Al-Masjid-al-Haram (at Makkah)? So long, as they are true to you, stand you true to them. Verily, Allah loves Al-

Muttaqun (the pious).” (At-Tawbah: 7)

The Prophet (SAWS) said:

“We will fulfill the covenant made with them and seek Allah’s help against

them.”

(Reported by Muslim)

The Prophet (SAWS) said:

“If anyone kills a man whom he grants protection prematurely, Allah will forbid

him to enter Paradise.”

(Reported by al-Bukhariyy)

He (SAWS) also said:

“I do not break a covenant or imprison messengers.”

(Reported by Abu-Dawud)