MBVD: Its Shari'ah, Stupid #3

Wednesday, January 7, 2009

Its Shari'ah, Stupid #3

This is the third in a series of posts quoting fiqh from a censored forum. The text of the Jihad Violence thread has been preserved in a .chm (163.4KB) file which you can download here. It is among the resources in the expanded library at Crusader's Armory.

al-Shafi'i, d. 820, founder of shafi'i school. al-Imam Muhammad ibn Idris al-Shaf'i's al-Risala fi us ul al-fiqh, transl. Majid Khadduri, al-Imam Muhammad ibn Idris al-shaf'i's al-risala fi us ul al-fiqh: Treatises on the Foundations of Islamic jurisprudence (Cambridge 1997), p. 82-7.

These communications (9:112, 9:36, 9:5, 9:29, 9:38-9, 9:41) mean that the jihad, and rising up in arms in particular, is obligatory for all able-bodied [believers], exempting no one, just as prayer, pilgrimage and [payment of] alms are performed […] They may also mean that the duty of [jihad] is a collective (kifaya) duty different from that of prayer: Those who perform it in the war against the polytheists will fulfil the duty and receive the supererogatory merit, thereby preventing those who stayed behind from falling into error. […]

If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error.

"Rising up in arms" is not consistent with defensive fighting; it implies aggressive Jihad. Defensive fighting, when Dar ul-Islam is invaded, is fard ayn: an obligation binding upon all able bodied Muslims individually. Aggressive Jihad is fard kifaya. Refer to Reliance of the Traveller, O9.1 & O9.3.

"If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error."
Jihad is an obligation; it must be done according to Allah's commands. What commands? Those cited in the Shari'ah.

9:5. Then when the Sacred Months (the Ist, 7th, 11th, and 12th months of the Islamic calendar) have passed, then kill the Mushrikun (see V.2:105) wherever you find them, and capture them and besiege them, and prepare for them each and every ambush. But if they repent and perform As-Salat (Iqamat-as-Salat), and give Zakat, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.
9:29. 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.
9:36. Verily, the number of months with Allah is twelve months (in a year), so was it ordained by Allah on the Day when He created the heavens and the earth; of them four are Sacred, (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein, and fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah) collectively , as they fight against you collectively. But know that Allah is with those who are Al-Muttaqun (the pious - see V.2:2).
9:38. O you who believe! What is the matter with you, that when you are asked to march forth in the Cause of Allah (i.e. Jihad) you cling heavily to the earth? Are you pleased with the life of this world rather than the Hereafter? But little is the enjoyment of the life of this world as compared with the Hereafter.
9:39. If you march not forth, He will punish you with a painful torment and will replace you by another people, and you cannot harm Him at all, and Allah is Able to do all things.
9:41.March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor), strive hard with your wealth and your lives in the Cause of Allah. This is better for you, if you but knew.
9:112. (The believers whose lives Allah has purchased are) those who repent to Allah (from polytheism and hypocrisy, etc.), who worship Him, who praise Him, who fast (or go out in Allah's Cause), who bow down (in prayer), who prostrate themselves (in prayer), who enjoin (people) for Al-Ma'ruf (i.e. Islamic Monotheism and all what Islam has ordained) and forbid (people) from Al-Munkar (i.e. disbelief, polytheism of all kinds and all that Islam has forbidden), and who observe the limits set by Allah (do all that Allah has ordained and abstain from all kinds of sins and evil deeds which Allah has forbidden). And give glad tidings to the believers.

The last listed, 112, must be understood in the context of its immediate predecessor.

9:111. Verily, Allah has purchased of the believers their lives and their properties; for the price that theirs shall be the Paradise. They fight in Allah's Cause, so they kill (others) and are killed. It is a promise in truth which is binding on Him in the Taurat (Torah) and the Injeel (Gospel) and the Qur'an. And who is truer to his covenant than Allah? Then rejoice in the bargain which you have concluded. That is the supreme success .

What do believers do and why?

Fight
kill
are killed

in Allah's cause

to make Islam dominant.

What will Allah do to them if they do not join the Jihad?

Inflict painful punishment {Cast them into Hell.}
replace them with someone else.

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PLEASE HELP US HELP THOSE WHO FOUGHT FOR OUR FREEDOM!

My Favorite Speeches and Other Items of Interest

George Bush's March 28, 2007 Discusses Economy, War on Terror During Remarks to the National Cattlemen's Beef Association;http://www.whitehouse.gov/news/releases/2007/03/20070328-2.html
Mitch McConnell's March 15, 2007 Funding For Troops, Not Timelines for Retreat; http://mcconnell.senate.gov/record.cfm?id=270747&start=1
Ronald Reagan's June 12, 1987 Tear Down This Wall Speech; http://www.reaganfoundation.org/reagan/speeches/wall.asp
Vice President Cheney's March 12, 2007 Remarks at the AIPAC 2007 Policy Conference; http://www.whitehouse.gov/news/releases/2007/03/20070312.html

Winston Churchill Quotes

A prisoner of war is a man who tries to kill you and fails, and then asks you not to kill him.
Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement.
Although prepared for martyrdom, I preferred that it be postponed.
Attitude is a little thing that makes a big difference.
Battles are won by slaughter and maneuver. The greater the general, the more he contributes in maneuver, the less he demands in slaughter.
Danger - if you meet it promptly and without flinching - you will reduce the danger by half. Never run away from anything. Never!
I always seem to get inspiration and renewed vitality by contact with this great novel land of yours which sticks up out of the Atlantic.
I am an optimist. It does not seem too much use being anything else.
I have nothing to offer but blood, toil, tears and sweat.
I like a man who grins when he fights.
I was only the servant of my country and had I, at any moment, failed to express her unflinching resolve to fight and conquer, I should at once have been rightly cast aside.
If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time-a tremendous whack.
In war as in life, it is often necessary when some cherished scheme has failed, to take up the best alternative open, and if so, it is folly not to work for it with all your might.
It is no use saying, 'We are doing our best.' You have got to succeed in doing what is necessary.
Moral of the Work. In war: resolution. In defeat: defiance. In victory: magnanimity. In peace: goodwill.
Never in the field of human conflict was so much owed by so many to so few.
Never, never, never give up.
No folly is more costly than the folly of intolerant idealism.
One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!
Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.
Success is not final, failure is not fatal: it is the courage to continue that counts.
The first quality that is needed is audacity.
The nose of the bulldog has been slanted backwards so that he can breathe without letting go.
The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
There is no such thing as public opinion. There is only published opinion.
These are not dark days: these are great days - the greatest days our country has ever lived.
They are decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.
True genius resides in the capacity for evaluation of uncertain, hazardous, and conflicting information.
Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival.
War is a game that is played with a smile. If you can't smile, grin. If you can't grin, keep out of the way till you can.
War is mainly a catalogue of blunders.
We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.
We shall draw from the heart of suffering itself the means of inspiration and survival.
When the eagles are silent the parrots begin to jabber.
When you are winning a war almost everything that happens can be claimed to be right and wise.
You have enemies? Good. That means you've stood up for something, sometime in your life.

Ronald Reagan Quotes

"The trouble with our liberal friends is not that they're ignorant: It's just that they know so much that isn't so."
Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
All the waste in a year from a nuclear power plant can be stored under a desk.
Approximately 80% of our air pollution stems from hydrocarbons released by vegetation, so let's not go overboard in setting and enforcing tough emission standards from man-made sources
Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!
Concentrated power has always been the enemy of liberty.
Double, no triple, our troubles and we'd still be better off than any other people on earth. It is time that we recognized that ours was, in truth, a noble cause.
Facts are stupid things.
Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.
Governments tend not to solve problems, only to rearrange them.
History teaches that war begins when governments believe the price of aggression is cheap.
How can a president not be an actor?
How do you tell a communist? Well, it's someone who reads Marx and Lenin. And how do you tell an anti-Communist? It's someone who understands Marx and Lenin.
I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.
I will stand on, and continue to use, the figures I have used, because I believe they are correct. Now, I'm not going to deny that you don't now and then slip up on something; no one bats a thousand.
In Israel, free men and women are every day demonstrating the power of courage and faith. Back in 1948 when Israel was founded, pundits claimed the new country could never survive. Today, no one questions that. Israel is a land of stability and democracy in a region of tryanny and unrest.
Let us ask ourselves; "What kind of people do we think we are?".
Man is not free unless government is limited.
My philosophy of life is that if we make up our mind what we are going to make of our lives, then work hard toward that goal, we never lose - somehow we win out.
No mother would ever willingly sacrifice her sons for territorial gain, for economic advantage, for ideology.
Of the four wars in my lifetime, none came about because the U.S. was too strong.
Our forbearance should never be misunderstood. Our reluctance for conflict should not be misjudged as a failure of will. When action is required to preserve our national security, we will act.
Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.
Some people wonder all their lives if they've made a difference. The Marines don't have that problem.
The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas - a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
The United Sates has much to offer the third world war.
There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.
To paraphrase Winston Churchill, I did not take the oath I have just taken with the intention of presiding over the dissolution of the world's strongest economy.
Today we did what we had to do. They counted on America to be passive. They counted wrong.
We are never defeated unless we give up on God.
We have the duty to protect the life of an unborn child.
We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
We will always remember. We will always be proud. We will always be prepared, so we will always be free.
Within the covers of the Bible are the answers for all the problems men face.
You know, if I listened to Michael Dukakis long enough, I would be convinced we're in an economic downturn and people are homeless and going without food and medical attention and that we've got to do something about the unemployed.