With the exception of these three sects, people of knowledge have differed regarding nonArabs and pagans. Some scholars said that Jizyah (poll tax required from nonMuslims living in an Islamic state) is to be taken from all Mushriks (those who associate others with Allah in His Divinity or worship), those from Arabs or those from nonArabs without exception. This is the opinion reported from Malik and was attributed to him by AlQurtuby (may Allah be merciful with him) in his commentary on the Qur'an
and AlHafizh ibn Kathir in his commentary, that Jizyah is to be taken from all including Arabs and NonArabs. On the other hand, it is reported from Abu Hanifah (may Allah be merciful with him) that he said: "Jizyah is to be taken from all nonArabs such as the Jews, the Christians and the Magians, but it should not be taken from Arabs."
On the other hand, it is reported from Ahmad, AshShafi'iy (may Allah be pleased with them) and a group of scholars that Jizyah is to be taken only from the People of the Book and from the Magians because the original ruling is to fight against the disbelievers and not to sheath the sword until they revert to Islam. Moreover,
there is no text indicating sheathing the sword after giving Jizyah except with regard to these three sects; the Jews, the Christians, and the Magians. There is a Qur'anic text with regard to the Jews and the Christians, while there is a clear text from the Sunnah with regard to the Magians. Concerning other than these three sects, the sword should not be sheathed from them except when they revert to Islam, and thus, they have one of two choices, reverting to Islam or the sword, because Allah (Glorified and Exalted be He) says: But if they repent and perform AsSalât (Iqâmata sSalât), and give Zakât, then leave their way free. He did not say: "...or if they stop fighting against you." He also says: then kill the Mushrikûn (See V.2:105) wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush.
It is noted that there is general command in this Ayah (Qur'anic verse) to fight all the Mushriks. It is noteworthy that stipulating the ruling with the derived
description indicates that it is the effective cause for this ruling. Thus, when He directs the ruling to the
Mushriks, the disbelievers and to those who have abandoned the religion and those who have not followed the truth, it becomes clear that this is the effective cause and it is the reason for fighting against them. Therefore, the effective cause is the disbelief in Allah accompanied with the condition of being from those who fight against Muslims, not from other than them. Thus, if they are from those who fight against Muslims, then they should be fought against until they revert to Islam or give Jizyah if they are from the Jews, the Christians or the Magians, or until they revert to Islam only if they are from other than these three sects; otherwise, they should be fought against. As for those who do not fight against Muslims such as women, children, the blind, the insane, the monks, the dwellers of monasteries, the chronically ill and those who are not qualified to fight due to being unable to fight such as those previously mentioned and also the elderly. These categories should not be fought against according to the majority opinion of the scholars because such types of people are not qualified to fight, and thus, from the good aspects of Islam is to leave them alone and not to fight them.
This attitude towards these categories is an incentive for them and their people to revert to Islam when they get to know that Islam shows mercy towards them, is kind to them and does not approve of killing them, and therefore, this is one of the reasons for their reversion to Islam or at least of keeping them away from being enemies to it.
Moreover, some scholars reported the unanimous opinion of the prohibition of killing women and children. It is reported in the sound and authentic Hadiths from the Messenger of Allah (peace be upon him) that he prohibited the killing of women and children. Moreover, in the Hadiths reported in AsSunan, there is prohibition of killing monks, the elderly and the like. On the other hand, some scholars said that the Ayah of the sword, which is His (Glorified and Exalted be He) saying: Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islâmic calendar) have passed, then kill the Mushrikûn (See V.2:105) wherever you find them This Ayah is not an abrogating one, but the situations are different. By the same token, He (Glorified and Exalted be He) says: O Prophet (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ)! Strive hard against the disbelievers and the hypocrites, and be harsh against them And: O you who believe! Fight those of the disbelievers who are close to you, and let them find harshness in you; and know that Allâh is with those who are AlMuttaqûn (the pious See V.2:2).
The same ruling is mentioned also Allah's saying:
and fight against the Mushrikûn (polytheists, pagans, idolaters, disbelievers in the Oneness of Allâh) collectively as they fight against you collectively. But know that Allâh is with those who are AlMuttaqûn (the pious). And: And fight them until there is no more Fitnah (disbelief and polytheism, i.e. worshipping others besides Allâh) and the religion (worship) will all be for Allâh Alone [in the whole of the world]. Some scholars said that these Ayahs and others dealing with the same issue do not abrogate the Ayahs prohibiting fighting against those who do not fight against us or those commanding fighting against those who fight against us, and they do not abrogate His saying: There is no compulsion in religion. However, situations are different, and thus, if Muslims are strong, have the authority, power and strength, then they should follow the Ayah of the sword and the other Ayahs having the same meaning,
act according to them and fight against all the disbelievers until they enter into the religion of Allah in multitudes or give Jizyah, whether the disbelievers in general, as stated by Malik (may Allah be merciful with him) and another group of scholars, or only the Jews, the Christians, and the Magians according to the other opinion. On the other hand, if Muslims become weak and are unable to fight all the disbelievers, then there is nothing wrong to fight in accordance with their ability and to stop fighting against those who do not fight
against them if they are unable to fight. Thus, the case will be in the hand of the ruler, if he wants to fight, he can fight, and if he does not want to fight, then he should not fight, and if he wants to fight a group to the exclusion of another group in accordance with the power, strength and the Muslims' interests, then he can do that. On the other hand, he should not fight them following his own whims and desires, but he should consider the situation of Muslims and their power: If Muslims are weak, then he should follow the Ayahs that were revealed in Makkah due to what they have of inviting to the religion, explaining, guiding and staying away from fighting at the time of weakness, and if Muslims are strong, then they should fight in accordance with their capacity. Thus, they should fight against those who initiated fighting against them and attacked them in their own land, and they should stop fighting against those who do not fight against them. Thus, they should consider the interest required by the rules of Islam and mercy towards Muslims and they should also consider the results as was done by the Prophet (peace be upon him) in Makkah and in Madinah during his first days in it. On the other hand, if Muslims have the power, the authority, the ability and the weapons with which they can fight all Kafirs (disbelievers), then they should fight against all of them and declare Jihad (strive in the Cause of Allah) for everyone as was declared by the Companions during the time of Abu Bakr AlSiddiq, 'Umar and 'Uthman (may Allah be pleased with all of them). The same was declared by the Messenger (peace be upon him) during his lifetime after the revelation of the Ayah of the sword when he headed towards Tabuk to fight the Romans and before that he dispatched the army to Mu'tah to fight the Romans in eight A.H. Moreover, he (peace be upon him) mobilized the army of Usamah at the end of his life.
This opinion is mentioned by Abul'Abbas ShaykhulIslam Ibn Taymiyah (may Allah be merciful with him) who preferred it and said: "Indeed, there is no abrogation, but it should be applied in accordance with the situations, because in the beginning, Muslims' situation was not strong and they did not have the enough power; and therefore, they were only given the permission to fight. However, after migration to Madinah when they became strong enough to defend themselves, they were commanded to fight those who fight against them and to restrain from fighting those who do not fight against them. Then, when Islam became strong and
its followers also became strong and Muslims spread everywhere and people entered into the religion of Allah in multitudes, they were commanded to fight against all the disbelievers, throw back covenants fairly to them and not to restrain their fight from anyone except from the people of Jizyah from tche Jews, the Christians and the Magians if they give the Jizyah willingly while they are humbled. This opinion was preferred by a considerable number of the people of knowledge and by AlHafizh ibn Kathir (may Allah be merciful with him) upon his explanation of Allah's saying in His great Book:
But if they incline to peace, you also incline to it, and (put your) trust in Allâh. Verily, He is the AllHearer, the AllKnower.
It is noteworthy that this opinion is more preferable and clearer in its evidence, because the rule in the principles of Islamic jurisprudence is that there should not be any resort to abrogation except when it is difficult to reconcile the evidence, and reconciling the evidence here is not impossible, as has been explained before. May Allah grant us success!
As for the Jizyah, the opinion of the one who says that it should be taken from all the disbelievers, with the exception of the Arabs, is more preferable.
The evidence supporting this opinion is what is authentically reported in the Sahih from Buraydah (may Allah be pleased with him) That whenever the Messenger of Allah (peace be upon him) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: 'Fight in the Name of Allah and in the way of Allah. Fight against those who disbelieve in Allah.' In this Hadith he (peace be upon him) conditioned the ruling by Kufr (disbelief), and thus, this indicates that they are fought against because of
their (Kufr), if they are from those qualified to fight, as indicated by other Ayahs.
Then he (peace be upon him) said: Fight in cause of Allah. Fight against those who disbelieve in Allah. Fight (in the cause of Allah), do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. Thereafter, he (peace be upon him) said: When you meet your enemies of Mushriks, ask them to acquire three qualities. If they agree even to one of them, accept that from them and do not harm them. Invite them to embrace Islam. Then he (peace be upon him) said: If they refuse,
then ask them to give the Jiziyah then he (peace be upon him) said: If they refuse (to pay it), seek Allah's help and fight them. It is noted that he (peace be upon him) commanded his leader of the army and the military detachment to invite the enemies to Islam first, and if they accept it, then he should not fight against them, and if they refuse it, then he should ask them for Jizyah, and if they give it, then he should not fight against them; otherwise, he should ask Allah for help and fight them. He (peace be upon him) did not differentiate in his command between the Jews, the Christians and others, but he (peace be upon him) said: Your enemies of Mushriks This is understood as a general command; however, ShaykhulIslam Ibn Taymiyyah (may Allah be merciful with him) stated that all the scholars did not agree on taking Jizyah from Arabs. They justified their opinion by saying that the Messenger of Allah (peace be upon him), the one to whom the Ayahs were revealed, and the one who was more knowledgeable of their meanings, did not take it from Arabs, but he fought against them until they entered into Islam. By the same token, the Companions after him did not accept it from Arabs, but they fought against Arabs in the peninsula until all of them entered into the religion of Allah. Moreover, Allah (Glorified and Exalted be He) says regarding them and others:
But if they repent and perform AsSalât (IqâmatasSalât), and give Zakât, then leave their way free. then they are your brethren in religion.
and He does not talk about Jizyah in this context. Therefore, the opinion which says that it should not be taken from Arabs is the strongest, the more preferable and the closest to the Islamic rulings. As for people other than Arabs, the opinion of those who gave a general meaning to the text; namely, the Hadith reported by Buraydah is more preferable following all the evidence from the Qur'an and the Sunnah, and because the purpose of Jihad
is to subject them to the truth, to invite them to it and to restrain their harm and injustice from us. When they do that and enter into the religion of Allah in multitudes, then praise be to Allah, and if they refuse, then we should ask them to give Jizyah, and if they give it and abide by humbleness and the conditions dictated to them, then we should accept it from them and restrain from fighting against them.
If they refuse to revert to Islam and to give Jizyah, then we should fight against them, because of their benefit and the Muslims' benefit, and because this is in agreement with the Hadith reported by Buraydah (may Allah be pleased
with him) and the Ayahs related to the Jews and the Christians, and the Hadith reported by `AbdulRahman regarding the Magians. As for Arabs, the Prophet (peace be upon him), the rightlyguided Caliphs and the Imams after them did not take it from them.
However, it is clearly understood from their biography and their actions that it is not allowed for Arabs to remain in the state of polytheism at all, but they should either carry this message and deliver it to people or should be annihilated so as not to exist on Earth. As for leaving them without fighting on the condition of giving Jizyah, it is not appropriate in their case, and that is why the Prophet (peace be upon him), his Companions and his successors did not take it from them, but they only accepted it from the nonArabs such as the Magians and their like, as they accepted it from the Jews and the Christians.
As for the saying of those who claim that fighting should be only for the sake of defense, according to my knowledge, no one from the old scholars said that Jihad in Islam is legislated only for the sake of defense, even after the revelation of the Ayah of the sword, and none of them said that no fight should be initiated against disbelievers and that Jihad should be only for the sake of defense.
Some of our brothers wrote a treatise refuting this claim and refuting a statement which some people falsely attributed to Shaykhul Islam Ibn Taymiyyah in which it is claimed that he considered Jihad to be for the sake of defense only. The writer who refuted these claims is the erudite scholar Shaykh Sulayman ibn Hamdan who wrote a treatise in which he mentioned that this saying is transmitted from some of tche people of Kufah.
It is to be noted that this saying became famous among the writers recently, but it is not known to the true scholars, since what is known to the scholars is that after his migration to Madinah, the Messenger (peace be upon him) was given permission to fight against all Kafirs. Then Jihad was instituted for him and he was commanded to fight against those who fight against him and to restrain from those who restrain from fighting against him. Thereafter, Allah revealed to him the Ayahs commanding him to fight against all Kafirs and not to restrain from fighting against everyone until they enter into the religion of Allah or give Jizyah if they were qualified to give it as mentioned above.
This is the opinion recognized by all the people of knowledge. Moreover, the opinion of ShaykhulIslam Ibn Taymiyyah (may Allah be merciful with him) with regard to reconciling texts has been already mentioned, and it is also stated that it is the closest opinion to the truth and there is no
abrogation. The situations are only different according to the power and weakness of Muslims; If Muslims are weak, then they should strive according to their ability, and if they become unable to do that, then they should be satisfied with inviting people to Islam. On the other hand, if they are strong, then they should fight those who initiate fighting against them and those who approach them, and they should restrain from fighting against those who restrain from fighting against them. If they become strong and they own the authority and victory, then they should fight all the disbelievers until they accept Islam or give Jizyah, with the exception of the Arabs from whom Jizyah should not be taken according to the opinion of a considerable number of Muslim scholars.
Some writers who claim that Jihad is only for the sake of defense brought to evidence some Ayahs in which they have no true evidence supporting their claim, and their claims in these Ayahs have been already refuted, and, Allah Willing, more refutation of these claims will come later on.
It is a wellknown fact that Allah has obligated Muslims to defend themselves against those who transgress against them, as Allah (Exalted be He) says: Then whoever transgresses the prohibition against you, you transgress likewise against him. And fear Allâh, and know that Allâh is with AlMuttaqûn (the pious). This fact was stated also in the abovementioned Ayahs.
It is noteworthy that Islam came, first and foremost, with the call to Kafirs to enter into it, and if they refuse, then they should give Jizyah, and if they refuse, then it is an obligation to fight against them on the condition that Muslims are able to fight against them as previously mentioned in the Hadith reported by Buraydah, and if the ruler decides to reconcile and avoid fighting for the best interest of Muslims, then it is permissible for him to do that. This is because Allah (Glorified and Exalted be He) says: But if they incline to peace, you (also) incline to it Moreover, this was the behavior practiced by the Prophet (peace be upon him) with the people of Makkah on the day of AlHudaybiyyah.
Thus, it is known that there is no need for fighting if the call to Islam succeeds and the disbelievers accept to enter into Islam. If there is a need for fighting, then the disbelievers should be fought against after calling them to Islam, explaining the truth to them and guiding them, and if they refuse, then they should give Jizyah if they are qualified to give it, and if they refuse to give it, then they should be fought against or reconciled with according to the decision of the Muslim ruler, if Muslims are unable to fight, as previously mentioned. Those who claim that Jihad is only legislated for the sake of defense brought to evidence three Ayahs:
The first Ayah is His (Glorified and Exalted be He) says: And fight in the Way of Allâh those who fight you, but transgress not the limits.
The answer to their evidence in this Ayah, as mentioned before, is that this Ayah does not mean fighting for the sake of defense, but it means to fight against the one who is able to fight such as the strong man, and to restrain from fighting against one who is unable to fight such as women, children and the like, and that is why He says after this Ayah: And fight them until there is no more Fitnah (disbelief and worshipping of others along with Allâh) and (all and every kind of) worship is for Allâh (Alone). Thus, the invalidity of this saying becomes clear. Even if what they say is true, then this Ayah has been abrogated by the Ayah of the sword. Discussion ends, and praise be to Allah.
The Second Ayah brought to evidence by those who claim that Jihad is legislated only for the sake of defense is Allah's saying: There is no compulsion in religion.
According to the correct opinion, there is no evidence for them in this verse, because it is related to the People of the Book, the Magians and their likes, since they should not be compelled to revert to Islam if they give Jizyah. This is
one of two opinions regarding the meaning of this Ayah. The second opinion regarding the meaning of this Ayah is that it is abrogated by the Ayah of the sword; however, there is no need to consider abrogation for this Ayah, since it is related to the People of the Book as reported in its interpretation from a number of the Companions and the righteous predecessors. Therefore, this Ayah is only related to the People of the Book and their likes who should not be forced to enter into Islam if they give the Jizyah. By the same token, this ruling applies to those who are treated like them such as the Magians and others that if they give the Jizyah, then there should not be compulsion, and because the preponderant opinion, according to the scholars of Hadith and of the principles of Islamic jurisprudence, is that there should not be resort to the consideration of abrogation when it is possible to reconcile the texts, and you have already discovered that it is possible to reconcile these texts by what we have already mentioned. On the other hand, if they refuse Islam and refuse to give the Jizyah, then they should be fought against as indicated by other noble Ayahs. The third Ayah brought to evidence by those who claim that Jihad
is only legislated for the sake of defense is the Almighty's saying inSurah AnNisa': So if they withdraw from you, and fight not against you, and offer you peace, then Allâh has opened no way for you against them. They said that whoever stays away from us and does not fight against us, then we should not fight against him. You have already known that this ruling was applied when Muslims were weak in the beginning when they migrated to Madinah, and later on, it was abrogated by the Ayah of the sword, and thus, is not applicable any more. On the other hand, this Ayah might have been applied during the time when Muslims were weak, and when they became strong, they were commanded to fight, as made clear to you from the other opinion that there is no abrogation. Based on this, it becomes known that this opinion is false and that it is baseless having no evidence of validity. Some people wrote a treatise and attributed it to ShaykhulIslam Ibn Taymiyyah and claimed that Ibn Taymiyyah does not approve of any fighting except against the one who fights. Undoubtedly, this treatise is falsified and it is, undoubtedly, a lie. The erudite scholar Shaykh Sulayman ibn Sahman (may Allah be merciful with him) mandated himself to it and refuted it more than fifty years ago and some of our Shaykhs told me about that. It was also refuted by our brother, the erudite scholar Shaykh Sulayman ibn Hamdan (may Allah be merciful with him) the former judge in AlMadinah AlMunawwarah as we have already mentioned, and, praise be to Allah, his refutation of this claim is available and it is a good refutation fulfilling the purpose. May Allah reward him with the best reward!
From those who also wrote about this subject is our brother Shaykh Salih ibn Ahmad AlMasu`y (may Allah be merciful with him) since he wrote a short treatise about this issue, in which he refuted these claims and invalidated what these writers say that Jihad in Islam is legislated only for the sake of defense. Moreover, our brother, the erudite scholar Abu AlA`la AlMawdudy (may Allah be merciful with him) compiled a treatise about Jihad in which he explained the falsification of this opinion and stated that it is a saying that is completely unfounded. Furthermore, whoever contemplates the references from the Book and the Sunnah and considers them with an insight free from whims and imitation, will definitely know the invalidity of this saying and that it is baseless. From what is reported in the Sunnah regarding this subject confirming the glorious Book is thatwhich is reported by AlBukhari and Muslimon the authority of Ibn ' Umar (may Allah be pleased with him and his father) who said that the Messenger of Allah (peace be upon him) said: I have been ordered to fight against the people until they testify that none has the right to be worshipped but Allah, to establish the Salah (Prayer) and to perform Zakah (almsgiving), so if they do
that, then they save their lives and property from me except legally, and then their reckoning (accounts) will be done by Allah. Al Bukhariand Muslimreported also on from the Hadith of Anas ibn Malik (may Allah be pleased with him) who said that Allah's Messenger (peace be upon him) said: I have been ordered to fight the people until they testify that none has the right to be worshipped but Allah and that Muhammad is the Messenger of Allah. And if they say so, pray like our prayers, slaughter as we slaughter, and face our Qiblah (Ka`bahdirection faced in Prayer), then they have our rights and are bound to our duties. From the proofs of the Sunnah is whatis reported by Muslim in the Sahih from Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace be upon him) said: I have been ordered to fight against the people until they testify that none has the right to be worshipped but Allah, so if they say it, then they save their lives and property from me except legally, and then their reckoning (accounts) will be done by Allah. From these Hadiths is whatis also reported by Muslim in the Sahih from Tariq ibn Ashyam Al Ashja`y (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: Whoever says none has the right to be worshipped but Allah, and in another narration, He who professed that there is none worthy of worship (in truth) but Allah and made a denial of everything which the people worship besides Allah, his property and blood become inviolable, and their affairs rest with Allah. There are many other Hadiths supporting this meaning and all of them prove that fighting in Islam is meant to end disbelief and call the disbelievers to enter into the religion of Allah not because they attack us only, and therefore, he (peace be upon him) said: When they do that, then they save their lives and property from me except legally. He did not say: "And if they restrain from fighting us or stay away from us," but he said: ...until they testify that there is no God but Allah, and that Muhammad is the Messenger of Allah, perform Salah, and pay Zakah. If they do that... This is a proof that what is required from them is to revert to Islam; otherwise, the sword will be the choice, except the people of Jizyah as stated before. It is noted that he (peace be upon him) confined the matter to the two testimonies of faith (testifying that there is no deity but Allah and that Muhammad is the Messenger of Allah), performing Salah, and paying Zakah (obligatory charity) because they are the great foundations and the main pillars of Islam. Thus, whoever follows, believes, and abides by them, then he will be more deserving of performing other duties with true faith and assurance. This is what I wanted to, briefly, attract the attention to, and I hope that it will fulfill the purpose of pointing out the truth and defeating falsehood. May Allah (Glorified and Exalted be He) guide all of us to understand His religion fully,
keep us upright upon it, guide us to His straight path, teach us what benefits us, guide us to that in which there is happiness and salvation, guide all Muslims to be upright on His religion, make them strive hard in His cause and grant them cautiousness against their enemies' plots! Indeed, He is Able to do all things. May peace and blessings be upon His servant and Messenger, our Prophet Muhammad son of `Abdullah, upon his family, his Companions and those who follow in his tracks and is guided with his guidance until the Day of Judgment!