Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Jihad
I'm about to finish this. Hopefully you won't be able to finish the book of jihad.
So that then we'll proceed to a different segment
A man has spoken on them. We started the book of jihad and
I give the title of soldiers Code of Conduct to the to the following segment and the titles between the coroner brackets are mine.
Then would say what do you how to elaborate, isn't it Amir ilani? After Hamada onyeka funa caliber
with Harvey let me address the
scary little lovin hour after hour it isn't an epidemic.
We're all let's finish this first. So what the first segment here what I do is walk you how to enter business
model when a foreigner caribou
jihad is not permissible except with the permission of the Amir commander, unless a fear the enemy takes them by surprise, or they come across an opportunity they are afraid to miss, they come across an opportunity they are afraid to miss to win the war, for instance. So without the permission of the
you remember the
copper 1967, a particular commander in the Egyptian Navy drowned a warship and Israeli worst
was called the lat the Israeli warship whether he was he was basically a discipline by the army, but certainly celebrated by the
country. But he was disciplined by the army because he acted. He proceeded on his own he didn't wait for,
you know, for permission from the
army hire commanders.
But it is not permissible anyway, except he says here if you see an opportunity, and I guess that commander saw an opportunity that he felt he can't afford to miss.
But what we're trying to say what he's trying to say here also that should not be missed is that you need state authority to which they need state authority to agency except for the defense of jihad. Hassan lado benedek when you are circled by the enemy, on whether you're trying to defend yourself, of course,
when you're trying to repair
like an attacker,
then it this is not where what we're talking about here. We're talking about waging declaring war, waging jihad. And in this case, you need state authority, and you need to proceed on the commands of the year or the commander in chief. Not do things on your own because that's what the FTL tada
that's what the usurping the right of the community. When you hijack the very concept of jihad or
wage a war
sort of without having given
authority the state authority to do such
it is a tr Tada. community, it is usurping the rights of the community.
Now the sheikh says
a lot about how to be the
last cabinet all of our top and have it in me, after entering the abode of war, no one is permitted to leave the camp to obtain further firewood or anything else without the permission of the Emir.
Which is obvious.
Woman after them in that and how to be mad at who Pima let me address that who and B Hill uttama. Farah who area for the men who may have tried to lie, fame
and Magnum were in fact other women who say on boundary lezama hora de la akuntansi. Ron Farah who ecolo what are the two if one takes anything of value from the abode of war he may not.
Pet for himself, except for food and further from which he may take what he needs only, if he sells it, he must return the price to the common booty, and Magnum. If he has anything left of it, when he returns to his hometown, he must return it unless it is of little value, in which case he may eat it or give it away, in which case, he may eat it or give it away.
Of course, the authorized position in the mouth is to return it, even if it is of little value to the position of it.
you have to return that even if it is limited value. But this is a matter of disagreement within the method.
If there's a bit of value, whether you need to return it or not, but then there's a few things here. One of them is that if you take anything from the abode of war, you may not keep it for yourself, except the food and Father, for your
sort of mount
your horse or your view, or food for it for yourself, because they did not carry enough food with them. So they have taken food from wherever they were
to for their own sustenance and the sustenance of their mounts.
But all the regulations, the fact that you know, keep in mind that this has to be anchored within our value system. It's not drug war, it is not basically
just like warriors, Imperial or tribal warriors that have no bounds. We're talking about a regulated activity that is meant to be righteous, as we will discuss later and we will have basically talked about the Code of Conduct
period, the Prophet sallallahu Sallam and has whatever. So it is a regulated activity. Yet, we want to stop here and talk about the concept of the abode of war.
Border war Darren Hardy.
So in Islam, they divided the world into the abode of war and the abode of peace, which is the RSM or the orange.
So Darren coffer Dar Al Islam, they sometimes the exchange of the use the dotted harbor for the recovery data center for Islam. However, there's four that were a little bit more detailed, they would
do this. So the division is not a basically
two pronged division, it's a three pronged division, we have the part and sell and in the middle, we have a lot and this could be in return for JC and sometimes not.
The Imam could determine that he will do more than or conciliation without basically collecting Visio. So we have the three different types. This is called the abode of what treaty is treaty or covenant, code of Covenant, abode of Treaty, abode of peace abode of war.
Now, this is my interjection here. This is not from the Hanbury books, but my introduction here is that when we have the United Nations or the League of Nations and we are as Muslim countries, signatories to such covenants with the rest of the world,
one you know principle for us that is a constant principle the modus operandi for us is that whenever we
basically whenever we are party to any treaty or wherever we participate in a treaty, we do not breach it we are not the first to breach it I Latina model, forbid our code in the beginning of Serato madala says, Oh believe fulfill your covenants. So given that we are as Muslim countries signatories to those treaties, and keep in mind that the world does not care if you do not recognize your legitimate authority.
To them where they are, whoever is the President or the king or this or that. That's the government. That's the legitimate authority, the world outside does not care. Therefore, whenever this legitimate authority gives security to people to come and visit Muslim country, they have gotten security from the legitimate authority. Whenever this legitimate authority science 388 is the legitimate authority, the world does not care about what you think of your legitimate authority as an individual.
And that that concept is, is an established concept in Islam, by the way, which is superior to many men. Basically, the
shattered a man a man means
To be a security is like, dubious security, insecurity, dubious security or dubious guarantee of security, even if it's dubious guarantee of security that's dubious, is like a bona fide guarantee of security.
So that's the that's a concept that is important to understand. So given that there is a un now and that we are signatories to the UN Charter and other covenants the whole world is
it, it's the abode of Treaty. And in fact, you may say it is not a song, which is a board of conciliation. And whenever Muslims are capable of practicing their Deen the floor, the DM, whenever Muslims are capable of practicing very freely, it should be the
abode of security, abode of security.
Why did our scholars need to divide the world into different jurisdictions,
it made perfect sense for them to divide the world into different jurisdictions because they needed to fit for instance, to figure out what laws are applicable here are not applicable here or there. So there are laws that are applicable in one place and not applicable in one in another place. So we don't, for instance, established the fixed penalties in the in the abode of war.
We have also we do have respect for our limitations. So the jurisdiction of Islam, the Islamic law is within the orange list, that the abode of Islam.
So they do need to have this classification, but it is a three pronged classification, not a two prong classification, because there is not a law of the abode of Treaty.
And nowadays, that's basically the default for the whole world until one country breaches the agreement. But the default, you know, for all countries that are signatories to the UN Charter, is that they it is all the abode of conciliation about a covenant treaty until a particular country breaches that agreement.
So he's basically saying if you if you get anything from the
if you have if you are in the oil war, and you will basically grab anything, you can eat it, you could give it to your horse, anything extra, you will need to return according to the authorized position in somebody's mouth Have you needed to return whether it is of greater value or smaller value? If you sell it, then it is extra, he did not need it for your sustenance or the sustenance of your horse. So you're not entitled to it. So highly regulated activity here. Then the sheriff talks about the rulings of engagement and he says when it used to be too far what am young man's journey
the unknown appears on the
road when I'm home to
Alma forgotten I'm katella home
what is zoom in on what I meant when I land
in your car Tito. So the rules are the rulings of engagement here are rules of engagement that's permissible to attack the unbelievers at night to use the catapult against them, and to start fighting them before calling them to Islam.
This is because
The Prophet sallallahu Sallam took me by surprise. While they were on suspecting when their cattle were being taken to the bodies of water for drinking, he killed their fighters and took their offspring into captivity. Among the unbelievers it is not allowed to kill a child, insane person, woman, man or senile older person or an infirm, blind or feeble minded person, unless they fight unless they find.
Okay, so, there are a few things that we need to explain here. First, he says it's permissible to attack the unbelievers at night without giving them a call called the call to Islam while they are unsuspecting. And he is citing veneer Masonic, but it is also important to understand that this is controversial. And it is also important to understand that the Prophet sallallahu Sallam did not instigate hostilities against the venue.
And the volume was instigated the hostilities against the Prophet sallallahu Sallam before because it would sound without this context.
You know, it sounds unlikely without this context, but but almost a cut attack to Medina was the the Confederates and have been committing hostilities against the profits rather than against the community of believers from before. So it's not like you know, kind of nice people out there that we just
wanted to slaughter them.
No, they wanted to annihilate them, the believing community, the nascent community of believers in Medina and the attack in Medina with the Confederates and they continue to be hostile towards their community of believers.
And that is why they were attacked. Now it is permissible to attack the unbelievers at night to use the catapult against them and Manzanita. Because basically to throw rocks or balls of fire at them. Is that permissible? Yes. And the authorize the view of the Hanbury method. It is not permissible, but it is permissible, but in a very intense duration in the method, and that is the position of a man Tamia shift aka Dino hammer hog law. It is not permissible. And unlimited. Lamia clearly says that the capital two would only be permissible to use and
if necessary, in self defense or in sort of, yes, in self defense if necessary. It's not permitted otherwise, because it kills women and children. So it is against people indiscriminately. And if you look at this, we're talking about throwing rocks at them. And if he is saying that it is not permissible to do it,
you know, to use the Manzoni
you can imagine what he would say about modern warfare. You could imagine what someone like me I would say about modern warfare, and you're talking about someone who is extremely traumatized by the Crusades and tatari invasion or the
Genghis Khan's, and his dynasty invasion of the Muslim lands. So that was everything. He was fighting against the Tatars himself. You know, the Crusaders did not leave that live on to be that he was 32 years of age. So we're talking about someone who's traumatized by all of this. And he is saying that we are not we don't fight them unless they transgress that we do not use weapons of mass destruction against them. weapons of mass destruction for him was the caterpillar that is throwing rocks, because they make you know, women and children. So that has to be taken in consideration. And then the chef says, what I observe in home,
Serbian, we talked about this, you're not going to kill children, insane people, women, monks, senile people,
people with infirmity, blind people and so on and so forth. Except that they fight or accepted they are if they have if they have a particular contribution to war, also, to be honest, because right up in the summer was not a fighting person and he
was killed in the Battle of honey because he was war tactician or strict strategist, whatever.
So he would be he would be more valuable to the enemy than any young guy
out there fighting with his hands.
Then I'm just gonna quote you know because of that we're talking about routings of engagement here. So I am going to quote some of the reports when they had to go to war pits all in the command my commentary when they have to go to war, the Prophet salallahu Southern used to instruct them not to kill an older man or child or a woman. And he would say, well ask us you know, in the law, you have one machine
and do righteousness and show kindness or excellence. Excellence includes kindness of course, for Allah loves those who are unkind
and even amount added the prophets prohibition against getting the thief, the thief is the is best translated as a noncombatant attachment to the army. Because anyone who is not a combatant and armies are safe. Abubakar would say, do not engage in treachery do not steal from the booty do not betray, do not mutilate the Do not kill a child, an older man, or a woman do not cut the palm tree, or burn it or any fruitful tree, and do not slaughter a goat cow or Cameron, except to eat, he would also say and you will pass by monks who devote themselves to solitude in their tents. So leave them alone with what they are dedicated to
our word ad, and fear of body guarding the farmers hasn't
been. So you have these
quotations in the commentary in the footnotes.
Now, a movie so these are the rulings of engagement, moving to the rulings of the captives, more rulings of the captives. And
given all the context that we talked about before
Muslims signed the Geneva Conventions, captives are not taking into slavery by Muslims anymore. And it is something that we would be keen on keeping, you know, the abolishment of slavery. There is no religion that helped, you know, with that, that was more averse to captivity of people. That was more mature with more keen on liberating people than Islam. The measures? Now you know, the treatment, we talked about this, and when we talked about slavery, hell, Islam and so on. And
you could also Google my name and slavery, ns lab, and you will find my article on this issue. I suggest that you read it.
Or you're either like any, any other one that that talks about this issue in some detail.
But anyway, during their time, the modus operandi of their time was different. If you
if you defeat an army, and you have 5000 people, for instance, he kept 5000 of the soldiers. What do you do with them? You basically release them, they regroup and fight back.
You keep them in prison? How could you feed them if you can feed your own army? These are times of scarcity.
what do you do? It's like a difficult predicament. So keeping them in captivity, enslaving them, was actually a way for
Hawaii to preserve their life.
Because I like a victorious army with not just one to release them so that they regroup and fight back and cannot afford to keep them in prison. You know, they didn't have one animal that those times like where you can have like, people indefinitely imprisoned
and didn't have the resources to feed them if they were to decide to imprison them. So they were in a very, they have a very hard predicament.
To give them the option, the option to enslave them was basically given them the option to preserve their lives. How many
We have a whole generation of scholars called the
whole generation that was called the,
the generation of the freed slaves. And these were some of the greatest scholars like, for instance, and Hassan Abbas three and so on. These were people that were either captive, caught themselves or children of prisoners prisoners of war. That's why they would call it morality. And within one generation, we're talking about the generation of data in here, these are people who lived with the Sahaba. So it is less than even one generation. So upward mobility here, these became the most notable scholars within less than one generation upward mobility was was remarkable.
So the chef here talks about the rulings of the captives and he says when you hire the man feel sorry, jail beta. copy what you want, man what I've totally lost muslimeen we're in a stock camo feather on demand info of an EMA. As for made captives, the man was given the choice of killing enslavement taken ransom or benevolent release, man, he must do what is in the best interest of the Muslims, he must do what is in the best interest of the Muslims. Now what is in the best interest of the Muslims can vary, depending on perspective, and some people would be more inclined to release in Abu Bakr and Omar to have the greatest they have different inclinations different personal
dispositions that would also apply to the rest of the history. So
there is subjectivity in applying the rules, we have to accept that.
If he enslaves them or takes the ransom, they become part of the common booty.
They become part of the common booty. Okay?
Then the check says,
what are your favorite Roku? savvy buy in a value?
Yeah, cool, no battery, and I'm going to start our main home
store story. I mean, Home. Home is our home for the benefit of
our minister I mean,
hello, the fee free.
Okay, so he says you must not separate captives who are maharam relatives unless they are or adults.
Children are not separated, adults can be separated.
buys captives on the premise that they are maharam relatives, and that turns out not to be true, he must return to the common booty, the difference in their value.
So you have in the common booty, for instance, to people that are related
to sisters, for instance,
or two brothers that are related and you buy them.
They consider this to be you know, the value of the two together cheaper than their separate values. Why? Because you have a restriction here, your hands are tied, you can set one and keep one you take both or leave both. So that restriction makes their value lower, because you will have to keep both or
Then the chief says, This is the final part here the final segment and this particular chapter that is called the book of jihad, the book of jihad. I mean, it's not the whole book. It's called the book of jihad, but we have different chapters in the book. The first chapter is called the the book of
financial matters. That's my title here financial matters related to jihad. And all these regulations that tell you that this is a regulated activities she acts as an ATI si si you know behaviors we have
fallen, ill and the akuna laniakea has gotten behind for the for the cause
if one is given something to support him during the expedition, he may keep the remaining part of it upon him.
Return. If it was not given to him for this particular expedition only, he will use the rest in other expeditions.
So you're given money to support you, you know, that was we didn't have standing armies, they had volunteer volunteers that were doing. So you wanted to support them. And one of the Muslims FEC and under the Masada for Visa card, they ate massage, the cat or the other two were recipients of the cat, Visa, viola. And that must've fees.
He gave the volunteer
regardless of their
financial status, if they're rich, they can still receive the cap, because there's a cap, at least according to the majority piece, but they still can receive the cat because the cat here is not for them, it's for the cause.
So they can receive the cat who else could be wealthy and receives the cat
so cat collectors, who else can be wealthier received more
they could be wealthy and receive the cat from from us because we determine that the continuation of their heart is needed for the oma Who else can be wealthy and receive the cat about the moon, someone who tamela Kamala or someone who basically tried to reconcile between two parties and said, Okay, I will pay you the difference or this or the
Who else can pay the can receive zakat.
And they, while they're wealthy administrivia in some sense, because even though now he is not wealthy, he may be wealthy at home. But like having a severe, like strangers, wayfarers that have no access to their money back home. They we can give them from this account because here they are in the
nowadays with certain credit cards and debit cards and all that stuff. It's so unlikely though it's not impossible. Anyway, so the chairman says that if you receive money and then you have extra, you have surplus and you come back, if you receive that as money for that particular battle, for that particular battle and you come back, you keep the money, it's yours.
If you receive the money for any battle, then the money will stay for future battles.
Were in hamina on a financing piece of Eden life he Allahu
Allah hobbies and if he is given a horse for the sake of Allah, he may keep it upon his return unless it was designated as our
hobbies like worth. So like, trust. So they used to have this owner failure and he they used to make horses as trusts. We know that trust should not be perishable, it's to be something that would have basically that would accrue profit, without it perishing. Horses can perish but while the horses are alive while they are alive,
what happens you couldn't use them you could make them mahabis
hobbies. So, if you get like a horse, then you keep it unless this horse is a word that is meant for a jihad in particular, you know how he felt
about a year level.
feasibility for the macula Nabi sallallahu Sallam cannot read the hots for cada Haji Ali fennel is a bit of land that's why the company is considered to be one of the recipients of zakat.
So Obamacare basically
made a gamut of his work for a trust feasibility to be used for the cause of jihad. And then when a market when he died on the market wanted to go out to heart but she didn't have another candle and the prophets of Southern said to her Haji Allah He or right that to had because had his feet
in the cause of Allah. Okay, so when Okay,
um well in muslimeen Road the lie him his body Masahiko couple of policemen, when Cosima cobbler and he will be summoned. He loves the baby
When I prefer whom in whom I had or if someone felt so heavy
a okay. So when something is captured from the enemy and it belongs to one of the Muslims it should be returned to the owner of the origin and Muslim owner is known before the distribution of the booty if it is already distributed before the original owner is known, then the original Muslim owner may take it for the price estimated for it during the distribution and on which basis its taker got it if one of the Muslims took it from the enemy in return for a prize its original Muslim owner may take it from him for that price. If he took it without paying for it then he should return it to the original Muslim owner for free Okay, well, it's kind of a complicated so you you conquer
you want defeated the enemy now this is the booty here and they found your sword you're very sorry and the booty you recognized your sword in the booty it has someone had basically been able to capture it from you before from the enemies and we found your very sore in the booty. You will get your sword for free without before the division of the booty the booty has not been divided yet. You will get your sword back. Okay, this is a property This is inviolable property of a Muslim. You'll get your sword back. Okay, now let us say we distributed the booty and let's say hasn't took your sword when we distribute the booty, you know we're not doing this. But when they distributed the
booty when they distributed the booty what what they did is they have to value everything in the booty because you have to value it give it a price. So that's when you give us sort of someone and the horse someone you have to be equitable Okay, so they have to value the booty they gave it the husband and the estimated the price of the sword to be three dinars and they gave it to the husband and then you saw the years a sword with Hassan
recognize your sort of pattern so what what can you do here, you get it from her son, but now you cannot get it for free from him because he doesn't you know is entitled to it it's a booty It's entitled it was value evaluated three dinars for him you have to give him the three dinars and take it back after the distribution because this is after distribution before the distribution you would have been able to pick up your sword and walk away after the distribution is different. Now let us say hasn't you know got your sword from the enemy.
because keep in mind, they traded with the enemy also, it was not like you know so.
So Hassan got your sword from the enemy for two dinars.
well, that's not part of the booty now hasn't purchased your sword from the enemy for two dinars. Then you can take your sword from Hanson for two dinars. Hanson got here sore from the enemy for free. He was a nice enemy and
gave it to him for free. He said, You know, I got this from one of your friends but you know,
been hurting me, you know, kind of hurting my conscience ever since.
So what do you do you give this order back to its rightful owner for free? Okay, that's it for Minnesota, Sierra Nevada, Syria, oh, man must be
if one buys a captive from the enemies the captive must repay the price. He paid a captive must pay the price he paid. So if someone is a captive,
and, you know, you buy Muslim
basically was caught by the enemies. And now a captive and you purchase them from the enemy once this Muslim gets liberated. He owes you the money he paid to liberate. He owes you the money you paid to liberate. That's what he says. And that brings us to the end of the book.
Do you have and it will take just like five minutes for people to leave those who wish to leave and then we will go over our next session questions and answers and, quote unquote Yeah, that was