Sunday, December 19, 2010

Fighting alongside Deviants

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Three rights

‘Ali ibn Abi Taalib said concerning the Khawaarij: “They have three rights over us: that we should not initiate fighting with them so long as they do not fight us; that we should not prevent them from entering the mosques of Allaah to mention His name therein; and that we should not deny the booty to them so long as they have fought alongside us.”Narrated by Ibn Abi Shaybah in al-Musannaf (7/562) with a hasan isnaad.

Note:Fight those who fight
.
People of ‘Ad were all killed except believers.
Sahih Hadith transmitted on authority of both Abu Sa'id and Abu Abdallah:

"...the Prophet said, "Among the off-spring of this man will be some who will recite the Qur'an but the Qur'an will not reach beyond their throats (i.e. they will recite like parrots and will not understand it nor act on it), and they will renegade from the religion as an arrow goes through the game's body. They will kill the Muslims but will not disturb the idolaters. If I should live up to their time' I will kill them as the people of 'Ad were killed (i.e. I will kill all of them)."


Regarding the part of the Hadith, '...I would kill them as Aad was killed...', an-Nawawi says: '...a general, uprooting killing' as in His statement: {Do you then see of them one remaining?}...to the end of the quote.

From Surah al-Haaqah: 6-8:
{And as to Ad, they were destroyed by a roaring, violent blast. ** Which He made to prevail against them for seven nights and eight days unremittingly, so that you might have seen the people therein prostrate as if they were the trunks of hollow palms. ** Do you then see of them one remaining?}


Ibn Hajar says in Fath al-Bari about this part of the narration, '...I would kill them as Aad was killed':
أي قتلا لا يبقي منهم أحدا، إشارة إلى قوله تعالى: {فَهَلْ تَرَى لَهُمْ مِنْ بَاقِيَةٍ} ولم يرد أنه يقتلهم بالآلة التي قتلت بها عاد بعينها
'Meaning: a killing where there would not remain anyone from them, alluding to His statement: {Do you then see of them one remaining?},







Khawarijites are not disbelievers,people of ‘Ad were disbelievers i.e those whom Allah punished.

'Alee bin Abee Taalib (??? ???? ???) was asked concerning them, "Are they kuffaar (disbelievers)?" He replied, "They fled kufr (disbelief)!" So it was asked, "Are they munaafiqoon (hypocrites)?" He replied, "The munaafiqoon do not remember Allaah, except little, and they remember Allaah in the morning and the evening." So it was asked, "What are they then?" He replied, "A group of people afflicted with (a) fitnah so they are blinded and deafened (by it)." <- An-Nihaayatu Fee Ghareeb Al-Athar Li-Ibni Al-Atheer, 2/148



Take Jizya from Men


9:29 Fight those who believe not in Allah nor the Last Day nor hold that forbidden which hath been forbidden by Allah and His apostle nor acknowledge the religion of truth (even if they are) of the People of the Book until they pay the Jizya with willing submission and feel themselves subdued.




The Book of Jihad and Expedition (Kitab Al-Jihad wa'l-Siyar)
Muslim :: Book 19 : Hadith 4294
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah (may 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. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. 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 withold 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. Then invite them to migrate from their lands to the land of Muhairs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muilims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). 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 you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.

Not all disbelievers are killed always
33:26 And those of the people of the Book who aided them Allah did take them down from their strongholds and cast terror into their hearts (so that) some ye slew and some ye made prisoners.

47:4. So, when you meet (in fight Jihâd in Allâh's Cause), those who disbelieve smite at their necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives). Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom (according to what benefits Islâm), until the war lays down its burden. Thus [you are ordered by Allâh to continue in carrying out Jihâd against the disbelievers till they embrace Islâm (i.e. are saved from the punishment in the Hell-fire) or at least come under your protection], but if it had been Allâh's Will, He Himself could certainly have punished them (without you). But (He lets you fight), in order to test you, some with others. But those who are killed in the Way of Allâh, He will never let their deeds be lost,

Killing Women and Children During Armed Combat

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Bismillah Hir Rahmaan Nir Raheem

Killing Women and Children During Armed Combat
Fiqh: Islamic Jurisprudence - Jihad
Written by Abdullah Azzam
Islam does not (urge its followers to) kill [anyone amongst the Kufaar] except the fighters, and those who supply Mushrikeen and other enemies of Islam with money or advice, because the Qur'anic Verse says:
And fight in the Cause of Allah those who fight you...



Fighting is a two-sided process, two sides are involved, so whoever fights or joins the fight in any means/way is to be fought and slain, otherwise he, or she is to be spared.


That is why there is no need to kill women, because of their weakness, unless they fight. Children and monks are not to be killed intentionally , unless they mix with the Mushrikeen, and, [therefore], we are unable to attack the fighting Mushrikeen alone, in this case we fire at the Mushrikeen, but we do not aim at the weak (i.e. non-fighting women, monks, and children).


Abusing/slaying the children and the weak inherits hatred to the coming generations, and is narrated throughout history with tears and blood, and generation after generation would be told about this. And this is exactly what Islam is against.


Islam wants to bring people closer (to the Truth), it also seeks to make Allah (Ta'aala), His Messenger (salallaahu 'alayhee wa sallam) and His religion lovable to the people - but, on the other hand, it does not alter according to peoples whims, nor does it change its Path in order to please the people:


And if the Truth had been in accordance with their desires, verily, the heavens and the earth, and whosoever is therein would have been corrupted! [23:71]


Scholars have different opinions with regard to this issue (i.e. the slaying of women, children and the elderly in the situation of war).


- The first opinion:


Killing women and children is not allowed under any circumstances, even if the Kufaar use their women and children as human shields. And this is the madh-hab of Malik and Al Ouzaey. (This opinion is not well supported by evidences.)


- The Second opinion:


The weak (i.e. women, children and the elderly) are not to be aimed at, unless they fight, or mix with the fighters, in such a way as to make it impossible for the [Muslims] to fight without killing them. And this is the opinion of the Shafi'ee's and the Hanafis.


Al Mawurdee said (in Al Ahkaam As Sultaaniyah p41):


"Killing women and children in war is not allowed, as long as they do not fight, because of the Prophet's (salallaahu 'alayhee wa sallam) ban on killing them."


Al Sarkhasy said (in Al Mabsoot Vol, 10, p31):


"Setting their castles (i.e. the Kaafir's) on fire shall not be stopped [merely] because of the presence of women and children, it shall not be stopped either because of the presence of a Muslim prisoner of war - as long as [it is the] Mushrikeen [that] are aimed at, and targeted."


The elderly - who have a say in decision making - can be slain, because the Prophet (salallaahu 'alayhee wa sallam) agreed on Abu Amr Al Ash'aree's killing of Duraid As Sammah, who was over 100 years old. [The hadeeth is narrated in Bukhari and Muslim]


Blind, disabled and mentally-ill war prisoners are not to be killed, because only fighters are to be [intentionally] killed. There is nothing wrong with sending water on (i.e. flooding) a Kaafir's city or setting their [cities] on fire, or bombarding them with Al Minjaneek (Mangonel ballista, a war machine that is used to throw rocks), even if there are children, or Muslim individuals present...


The Scholars [of the Salaf] had different opinions regarding this matter, due to the way they understood some Ahadeeth, and the availability of these Ahadeeth to them.


The Prophet (salallaahu 'alayhee wa sallam) showed the reason behind forbidding the killing of women and children, when he passed by a slain woman (after one of the battles), he (salallaahu 'alayhee wa sallam) said:


"She was not (able) to fight. (i.e. she shouldn't have been killed because she was not able to fight.)"
[Narrated by Ahmad and Abu Dawood]



Imam Malik used the following hadeeth as general evidence to the illegality of killing women and children; Ibn 'Umar (radiallaahu 'anhuma) said:


"A woman was found killed in one of the battles of the Prophet (salallaahu 'alayhee wa sallam), so the Prophet banned the killing of women and children."
[Narrated by AlJama'ah (i.e. Bukhari, Muslim, Ibn Majah, At Tirmidhee) except for An Nasaa'ee, and Abu Dawood]



While the Shafi'ee's agreed that while, this is the general rule or guideline for war, there are special cases and situations, as is proven by the following hadeeth. As Sab Ibn Juthamah said:


"The Prophet (salallaahu 'alayhee wa sallam) was asked about attacking the Mushrikeen at night time, where women and children get hit (un-intentionally). He (salallaahu 'alayhee wa sallam) replied:


"They are from them. (i.e. the attack should not be stopped because of the presence of women and children.)"
[Narrated by Bukhari, Muslim, Ibn Majah, At Tirmidhee etc.]


Another hadeeth supports this opinion; At Tirmidhee narrates:


"The Prophet (salallaahu 'alayhee wa sallam) used Minjaneek (Mangonel ballista) to bombard the people of At Taa'if."


(And it is known that the people of the city of At Taa'if had all their families with them inside their castles.)


As well, a third hadeeth supports this argument. Salmah Ibn Al Akwa said:


"We attacked Houzan (tribe) at night time with Abu Bakr As Siddiq, after the Prophet (salallaahu 'alayhee wa sallam) assigned him as the Ameer for this attack."
[Narrated by Ahmad and Abu Dawood].


The above two attacks, i.e. that of At Taa'if and Houzan, were towards the end of the Prophet's (salallaahu 'alayhee wa sallam) life. (So it can not be said that this rule is invalid and was replaced by a different ruling, as some might argue).


Looking at the issue from a different angle, we see that stopping the Muslim army from fighting Mushrikeen when they have children with them; would put Muslims and their interests under danger and harm, especially in these days where fighting relies on artillery fire, aircrafts and tanks. For this would mean that the use of all these machine guns [and weaponry, etc.] would have to be avoided and stopped. (Which is non-sense).


The Scholars have unanimously agreed on the [unintentional] killing of a Muslim if he/she is taken [and used] as a human shield by the Kufaar, so why would they forbid fighting the Kufaar because they have their ( Kaafir) women and children with them?...


Is the sanctity of Mushrik women and children greater than that of Muslims?


Plus, the forbidding (of the of killing of women) is when a woman does not take part in the war, nor joins the fighting, nor sacrifices for her faith and ideology and [seeks to] die for them... As for now, the situation has changed, and women do not differ much - regarding this specific issue - from men.


Shaykhul Islam Ibn Taymeeyah says [in his Fatawa 28/537]:


"The Muslim Ummah has unanimously agreed that when the Kufaar take Muslims as human shields, and the Muslims fear (defeat) if they do not attack, then it becomes permissible to fire, but we aim at the Kufaar. Some scholars [have] said that it is [still] permissible to fire even if ceasing fire will not form any [kind of] danger (for the Muslims)."


Ibn Al Arabee said in Ahkaam al Qur'an 1/104:


"[Kaafir] Women shall not be slain unless they fight, because the Prophet (salallaahu 'alayhee wa sallam) forbade that, [But] that's[only] if they do not fight. If they do, they get slain."

Source


I'd like to add few more points regarding fighting those who fight you & not fighting those who do not fight even if the disbelievers attack Muslim non-fighters.

Believers do not follow UnIslamic way of fighting

for example,disbelievers fight using loud Music to disturb believers but believers dont follow this method,if disbelievers include magic in their fights then believers dont follow this method...there can be many examples because disbelievers are disbelievers,their leader is shaytan .

Finally in the lands of Muslims,believers are supposed to attack disbelievers who have occupied Muslim lands directly without announcing the war.Example for this is the story of son of al-Akwa'

Military Expeditions led by the Prophet (pbuh) (Al-Maghaazi)
Bukhari :: Book 5 :: Volume 59 :: Hadith 507
Narrated Salama bin Al-Akwa:

Once I went (from Medina) towards (Al-Ghaba) before the first Adhan of the Fajr Prayer. The she-camels of Allah's Apostle used to graze at a place called Dhi-Qarad. A slave of 'Abdur-Rahman bin 'Auf met me (on the way) and said, "The she-camels of Allah's Apostle had been taken away by force." I asked, "Who had taken them?" He replied "(The people of) Ghatafan." I made three loud cries (to the people of Medina) saying, "O Sabahah!" I made the people between the two mountains of Medina hear me. Then I rushed onward and caught up with the robbers while they were watering the camels. I started throwing arrows at them as I was a good archer and I was saying, "I am the son of Al-Akwa', and today will perish the wicked people." I kept on saying like that till I restored the she-camels (of the Prophet), I also snatched thirty Burda (i.e. garments) from them. Then the Prophet and the other people came there, and I said, "O Allah's Prophet! I have stopped the people (of Ghatafan) from taking water and they are thirsty now. So send (some people) after them now." On that the Prophet said, "O the son of Al-Akwa'! You have over-powered them, so forgive them." Then we all came back and Allah's Apostle seated me behind him on his she-camel till we entered Medina.

wAllahu alam

was'salaam


walekum salaam wa rahmatuallahi wa barakatuhu

2: 190. And fight in the Way of Allâh those who fight you, but transgress not the limits. Truly, Allâh likes not the transgressors. [This Verse is the first one that was revealed in connection with Jihâd, but it was supplemented by another (V.9:36)].


22: 39. Permission to fight is given to those (i.e. believers against disbelievers), who are fighting them, (and) because they (believers) have been wronged, and surely, Allâh is Able to give them (believers) victory

The command is clear,fight against those who fight you .If women & children are not fighting then even in retaliation they cannot be killed because they are not combatants unless the situation is mixed & cannot be separated.

Its about fighting those who fight ,its not about believers fighting they way the disbelievers are fighting.

--------------------------

Sahih Hadith transmitted on authority of both Abu Sa'id and Abu Abdallah:

"...the Prophet said, "Among the off-spring of this man will be some who will recite the Qur'an but the Qur'an will not reach beyond their throats (i.e. they will recite like parrots and will not understand it nor act on it), and they will renegade from the religion as an arrow goes through the game's body. They will kill the Muslims but will not disturb the idolaters. If I should live up to their time' I will kill them as the people of 'Ad were killed (i.e. I will kill all of them)."

Weren't there men, women, elderly, and children among the people of Aad?
Assalamu alaykum

The hadith cleary says "they will kill " it means they are the combatants.

Killing of combatants is commanded,but if the situations is mixed i.e non-combatants & combatants cannot be seperated then kiling is allowed.

Darultawhid > Aqidah & Tawhid > al-Wala wa'l-Bara

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