FQJ05 Fiqh of Jihad – Granting Security and Asylum
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Jihad
File Size: 40.84MB
Today inshallah we will talk about where you would end the book of jihad inshallah, and we will talk about
that's usually the way it is
arranged or organized as that he started by discussing the ruling of jihad,
the rules of engagement. So, first the ruling of jihad, then the rulings of engagement, and then the discussion in the last two chapters will be about
the asylum granting asylum and the following one will be about
So, the last one will be about the contract or the covenant that will be extended
after the end of jihad or after the end of the war to the people
the options that will be extended to them and the contract of the covenant. So, by having a man or the chapter on
a man means what, literally it means security, to grant security to grant asylum, it is a subsection of hood of them, Arkadin sin, after them is offered by the email or the deputies of the Imam, a man can be offered by any individual Muslim. So, it is a form of a contract that is not necessarily offered by the amendment his deputies, but could be offered by any individual Muslim, it is a form of activism, but not the activism that is offered by the Imam
assault on etc. So, Batman a man which is chapter on security offering or granting security or granting asylum.
And then the next one will be
the chapter on
that is extended to the people so talked about the ruling of jihad talked about the rulings of engagement all of them then immediate post war immediately post war would be the distribution of war spoils or
without which was acquired by fighting or through engagement and that which was acquired without engagement and failure and so on in the distribution that's immediately postwar but after that you extend the contract extend different options to the people that have been
your enemies you know the warring or combatant
so let us so now we will the war now we're postwar now we're done with the ruling of jihad rings of engagement distribution of the war booty. And now we're post war. We're talking about you know how we are dealing with the enemy that was engaged in war against those. So he says here but a man in Medina Medina named 620, after a Hydra in his book along though which was a humbling primer, he says under the book of jihad or the segment on jihad, he says double anon chapter on granting security and asylum.
He starts by saying on the part of the How to be in a Dr. toca our mental gap, I will
never forget the matter who whoever says to Harvey I grant you asylum or security or you shall not be harmed or the like,
has binding Lee given him security as bindingly given him security, wherever it says how to be I grant you asylum or security or you shall not be harmed or the like, or the like. or the like meaning what any indication anything
by which, the the heartbeat the warring enemy
that he had been given security or asylum will be binding on us anything that has can be possibly interpreted to mean security will be binding on us to the point that they said, even if that asylum does not, you know, it is a ship had a man. And keep in mind that this is something that is established, even if it is a ship without a man, you will have to return him safely to
basically, where he came from,
to safety, he will you will have to return him to safety,
if he suspected
that you have given them if they suspected that you have given to them security, but you actually did not. And what you said would not mean security or you are not eligible to give them security in the first place.
If they are under the impression, and this is something that is established in our effect, and we have to keep in mind, if they are under the impression so many men, if they're under the impression that they have security, then they should be returned to safety, they should be returned to safety.
So, that's the first thing he started by. And like I told you, Babel mn are the chapter of security granting security or granting asylum is related to Bab activism or the contract or of the covenant
that we will discuss in shoreline the next session, then on the mapping of proceeds to say in a way as a man or woman called a Muslim and Arkadin matar and Harun can our app then rather than our bra Rasulullah sallallahu Sallam Amina Taka all the macro home we've been meeting him at now home
he did not mention that the rest of the holidays. It is an authentic Hadees reported by habido and NASA and others
which means a great you know what what the premises here
means granting security as valid by every willing sane Muslim, whether free or slave man or woman because the Messenger of Allah sallallahu Sallam said the blood of Muslims is equal that is empezando retribution and blood money the right of protection granting asylum is extended to the lowest among them this right this power to grant asylum is extended to the lowest among them the lowest meaning the lowest then status and wherever the status would still be entitled to the right of granting asylum This is never find in the world by the way like anyone can grant asylum
to have warring enemy keep in mind that we're talking here about what warring enemy we're talking about given asylum given security to a warring enemy.
So we're talking here about giving Cylon or security to warring enemy
and in this case, it is that right? That entitlement is given to all people including
children and children, you know, some of the scholars said children even but including, you know male, female, free and slave, anyone can give asylum to
anyone can give asylum to a the warring enemy. So,
what is the proof on this the hadith of manana Taka, Taka or the man on wasabi the knotty m hub now home
Muslims or the blood of Muslims is equal the right to protection or granting asylum is extended to the lowest among them. The proof also that this is extended to everyone, including women is big. Why? Why do we say including women because women are not involved in Europe are not primarily although they may be sometimes involved in the war, asked him battens
But they are not
usually involved in the war asking path combatants. So you would think that the people who would be able to give the extended that right or to extend that
right to security or asylum would be people who were involved in combat, but that is not limited to them. On mahana came to the Prophet sallallahu sallam, a mushrik sought asylum in Omaha in his residence, she came to the Prophet sallallahu sallam, and she said to him, that Ali claims that he would that he has the right to kill that person to whom I have given asylum. The Prophet sallallahu Sallam said to her adopt Nah, man igrt
we have given asylum to whomever you give it you have given asylum to Obama Hannah. So, she basically was given that right the right of protection. Now,
then, given that this right is extended to all Muslims, the writer protection is extended to all Muslims. Can a Muslim basically come and say, Well, I have given the right of protection to
You know, for instance, then he will come back and discuss this and he says, Well, I said Who am I know how that had arrived here. Linda? matija Sierra amanuel me a little volatility Okay, maybe Is he a manual Eman? Little me I've got far woman dakka dakka hombre, Amani him a man at home men nappsa. The asylum is the asylum is valid if granted by individual subjects to the Muslim state to small groups. So, they given them asylum you can come into the Muslim state to small groups by the commander to the state he was commissioned to fight or by the man or Khalifa to all unbelievers whom ever entered their land with their promise of security will have intern given them a binding promise
of security will have internally given them abiding promise
of security from him. So now so you have you have an individual, Muslim, individual
can give asylum.
An individual Muslim can give asylum to
they say one up to 100
individual Muslim can give asylum to like a coffee or a caravan up to 100 people.
And then they they say what about the
last person presume that the caliphate is like the federal government and then the state's? You know, you have the governors and then you have the president? What about that Governor?
Amir, Amir, that is Amir of combat or me or of a particular province, next to
sort of the barrel harm, or the abode of war. And as we said before, all the abodes now are abodes of conciliation, because of the international agreements and so on. But let us say it's an abode of war so that the governor
or the Emir
of combat would be able to give asylum, asylum to
basically the town next, or the land immediately adjacent to them, or to the town or the house.
Basically, that they were engaged in combat against, what about the hanifa
the Khalifa will be able to give asylum to what?
all unbelievers, so that's it. 123 that.
So then the SEC says
aka Monahan, and nuptse
Whoever enters their land with their promise of security will have in turn given them a binding promise of security from him. So if you apply for a visa, the you know, it's a warring state, we're saying that the default for all nations nowadays is that that dar Salam abode of conciliation that I had about a treaty etc, let us say it's a warring state, but they granted your visa,
then you have to respect that and just accepting the visa from them means automatically, that you have been party to a contract that you have, that you are in a contract now, with,
to be honored to be fulfilled
and requires no treachery or treason. This means what it means that their blood their property will be inviolable. Although they are it's not harder, although by default, they are engaged in war or they are at war with the Muslims. They are at war with the Muslims, but you have been granted security to come into their land. In this case for you, it is not the rulings about a harbor would not apply, because they you have been given security therefore, that security means that you have also given the
security or the promise of security, meaning that their blood and their property is in viable.
The shapes as well and follow us here on min shorty Ania Bahasa la mahalo man, la z Mahalo
for a shout out
or shout out to Alejandro de la him and others and who loves him hula Howard L and takuna Ma, Farah, para
la him. As they release a Muslim captive on condition that he sends them a certain amount of money is required to fulfill his promise. If they stipulate as a condition that he must return to them if he fails to fulfill his promise he must do so. Except for a woman who does not who does not return to them she would she should not return to them. So, now your if you are a captive and
your sort of guards or whoever has thinking you captive that let me go, I will come back.
Let me go and I will send you my ransom. Let me go. I will send you my ransom.
you're required to send them the ransom, because this is a binding promise, although they are a warring enemy. But this is a binding promise you are actually required to send them the ransom. So what if you were unable to collect the ransom, you're required to go back to them, basically put your hands in, in handcuffs.
And just the Capital One more time. The only exception is for women. Because the last one I thought I said fella 30 or one era kuffaar return the not return them not to the disbelievers. Keep in mind that you know during those times
when you know, women who were taken captive, they were enslaved and then she would have this would would necessarily mean
to have power over the women and everybody knows what happens then
then the chicks. So this is this is that this is this discussion is quite clear and sort of, you know, the being principal here.
It's quite clear that
you're given more weight here to downtown LA
Ethics versus theological ethics, you're being very principled here, very
sort of categorical, imperative content, Categorical Imperative type ethics. But when it comes to women, when it comes to women, then we go back and sort of
factor in that teleological aspect or utilitarian aspect.
As we as, as I said before, you're evil, it's not all equal. Good is not all equal. And it's a balance. So this man going back to captivity because he could not basically collect the ransom, that it's been content. It's just categorical imperatives, like you get you give it you've given a promise, you can't break your promise, go back to captivity. So now, if it is a woman, yes, we are, we are principled, but at the same time, we do recognize that evil comes in grades. And a woman, allowing someone power over her
is worse than a man out allowing another man power over them. You know, at the end of the day, if the man goes back to captivity, dies in jail, or gets beaten, or anything of that nature. Again, we are prioritizing here.
You know, that commitment to
Don't breach your promise, don't break your promise. But for the woman, it's a different story. So you see that Islamic ethics would have both features the ontological theological, were the capstone of virtue ethics as well.
And it's all obvious here, just the distinction between the man and the woman forcing the man to go back to captivity, if he's in unable to collect the ransom would look very categorical.
Telling the woman don't go back, even if you gave them a promise, looks very to the logical or basic utilitarian or purpose based, or end based
type ethics that the difference is evil is not all equal. Good is not all equal. The man going back to captivity is not like the woman going back to captivity.
Okay, truces and treaties with the unbelievers. So we're still talking here about a man. But
now we're just moving to a hardener. And
I wish he had talked about migration before trusses and treaties because cruises and treaties belongs to a family man, you know, belongs to the authority or the jurisdiction of the Imam that we will come to in the next chapter, which is the chapter on
activism, that that contract of the covenant that you extend to the warring enemy, but he talks here about truces and treaties with the non believers and he says first, whether doozer Maha Donato far is our al emammal mas nahata via what I do so haka Doha Illa. Mina Eman al Nabi la myotome manana muslimeen. Doing 100 Harb, we're in half an acapella demon home Napa la ma home. We're in suburban kuffaar on her own lineageos Lana Shira home. Okay, so the first segment to hear is what to do so far either an email must
eliminate Imam Al Nabi it is permissible to have truces where the unbelievers if the Imam or K live, finds it beneficial. But this may only be agreed by the Imam or his deputy. So that that contract that treaty can only be signed and ratified by the Imam and his deputies. Of course, I mean, it's good enough that individual Muslim is able to give asylum up to 100 people of the warring enemy You know, that's that's almost like a special forces unit. So, you're the individual Muslim is able to give us a thumbs up to that number.
Certainly if there is, you know, certainly the individual Muslim should not do this and this is what brings the ball
harm to the Muslims, of course. But we're saying that this is as much as an individual Muslim is given. But then when it comes to offering a truce or treaty of peace, then it is the business of the Imam and the deputies of the Imam, the state authorities, that's their business.
And then when we come to the concept of it, when we come to the concept of and heard now or peace treaties, and the concept of inheritance or peace treaties, you will find that
there is a disagreement about an ergonomic Lapa coordinate that is untimed. The hook no more clock at the time, the hook now would make the default between the states is what is one of what piece, because it's one o'clock, it's on time. There is a treaty a peace treaty between us. That's like the UN Charter. You know, this is a peace treaty. It's not usually bilateral. It is multilateral. Right, these treaty multilateral, the default between
states is peace, that hood nama Lapa on time, the burden now is permissible, according to the HANA fees, it is also the choice of a mayor. So they may have been a mayor, that is not the position of the hand bodies, the authorized position in the Hanbury method is that the hook now has to be timed, that also happened to be the position of the majority, but in the Hanafi madhhab. And I will basically say that hanafy is where basically during the time of the during this phase of evolution, evolution of the Hanafi is where
the official sort of
state MFIs and judges and so on and so forth. This is all our best our best, right? You know, if you think about it, the ammonia period and then 132 after Hydra,
the blossoming of hanafy happened between that time and 150 which is the time of the death of a man or hanifa the blossoming of the Maliki mouths have happened, you know, mainly between that time and 179 the time of the death of a man Malik a mammoth CFA was born in 150 was born after the Maya dynasty ended.
The My grandmother was born in 164, after hedra when he was born during the time of Harun al Rashid. This is where laughter the Umayyad dynasty ended, this is all about the business. Now the you know, this is all happening in the abassi
atmosphere under the abassi rule, who were the judges at the time and the movies of the state at the time, because you have to keep in mind that that they internalize
practical aspects that may not be internalized by other movies. Because these practical aspects, they're actually given pathways to the state. So the hafeez were mindful of these practical aspects because they are the people that are given pathway to the state.
Who was the Chief Judge during the time of Haruna Rashid abusive.
Okay, so, now, so the Hanafi is said that, like an untimed, open ended herding, or peace treaty is permissible, is permissible, and this was the choice of the mountain Tamia has, we said,
which changes the default from war to peace. But then the SEC says here, that she does not talk about the time they're on time to hear but I want you to be aware that the Hanbury position is like the more its position, it has to be time.
Then the SEC says here, well I lay my abdomen and muslimeen do that harm. He must then protect them those unbelievers with home there is a truce from Muslims but not from the other warring enemies he must protect them from Muslims, but not from other warring enemies. So he will protect that this is a basically a country with whom there is peace. But this is not this is not under our jurisdiction. So we don't have to protect them from
Other countries, we just protect them from ourselves, but not only from Muslims, but also from non Muslim subjects within,
you know, the or under the Islamic jurisdiction. So the Imam has to protect them from everyone under his jurisdiction once he signs a peace treaty with a peace treaty with so that means what? Like we can't have rogue organizations waging war, because whichever jurisdiction they belong to, that a man, if that man is involved in a peace treaty with the other countries, then that mmm is responsible not only for his actions, but for the actions of his subjects in within his territory under his jurisdiction, so that has to be understood why Mr. Tomita muslimeen doing harm. He, the Imam must then protect them
from Muslims, but not from the other warring enemies and then the shack says we're in half an acapella the minimum nabba lie him that home. If he fears that they will breach the contract, he must openly terminated.
terminated he must open the terminated last sentence.
With a meta fundament common piano fanboys lie him.
In Allah, lie your head bow, alpha a need. And if you fear treachery from people then cast back there covenant or that contract to them, throw it back at them.
Allah Allah, Allah saw here means so that you and them are equally aware of the termination of the contract, don't do it without being transparent about the scatter throw it back at them, if you fear treachery, if they have shown you signs of treachery throw it back and then so that you and them are equally aware of the termination of the contract for Allah likes not the traitors
and this is you know, part of the sort of the foundations of the Islamic value system, no treachery against foreigners, foreigner qarun llamados Nana Shira home if they are taken into captivity by other unbeliev by other unbelievers
it is not permissible for the Muslims to purchase them. So let us say you are you have a peace treaty now with one country and as I said the default and all in all lands now.
I repeat the stuff to avoid the carbon paste the sort of the elderly cut and paste. So, the default between all countries is the state of conciliation, so the treaty, not war, based on the UN charters and so on, but let's say it were back during those times.
And then there are three countries here there are two non Muslim countries and there is one Muslim country. So that Muslim country gave
basically contractor fees to country why that is non Muslim. Then country x which is non Muslim, invades country y and takes countrywide subjects into captivity and enslave them. We can purchase them even from country x, because we have already given them that extended to them that our covenant. Okay, I'm moving right on to the next subject, which is extremely pertinent to us, isn't it? Yes. Then the SEC says what it would hit
any feeder and harm, what is the hub body man Katara. Allah valic what atom Katia
Cofer in lemon Bella In fact,
I titled this migration to the lines of Islam hedra or migration is mandatory for those who cannot open the practice their religion that I have heard he cannot openly practice their religion and the abode of war and it is recommended for those who can it is
Recommended for those who can hedgerows does not end as long as the unbelievers are being fought, except from a district that after its successful conquest, you don't have to migrate from Mecca after Makkah, was conquered, of course, it's, you know, it's now a Muslim land. So you don't have to migrate from it.
So that he thought about it further.
Okay, so the ship here says clearly, that migration is mandatory from the RBF to
my son, it's another sort of
pointer here, we're talking about that a hot tub.
You know, Muslims, Muslim minorities, in our times, are mostly not in that they are in Dar, Allah Dora salia, whenever he's talking about a by sort of two pronged classification here, or a three pronged classification, it's beside the point. But even if he's talking about two prong classification, that this direct harm is not a harm, even with a peace treaty that is not at war now with the Muslims.
So he's talking about, you know, let's say he's not talking about that, or horrible altogether, he's talking about that anchor of non Muslim lands. He's just talking about non Muslim lands. He's saying that migration is mandatory from non Muslim lands if you're unable to practice your religion openly. And this, so this is the position of the majority, the majority would require migration for those who are unable to practice their religion openly, I would say
there are those who require people to make hedra to the land of Islam, I would say that the position of the majority is probably in a stronger position, based on their hobbies, and based on many things, you know, we're after the establishment of the wrath of Islam, the Sahaba inhabitat, were not asked to come back, except very later
on the rise of Islam was established when, you know,
when the prophets of Salaam immigrated to Medina,
that was the state. And then it took the Sahaba several years to come back from El haga, which means that it is not mandatory for people who are able to practice their Deen. And this is a you know, I'm just particularly citing this because, you know, this is a big thing. This is a confirmed part of the history and it's a big thing, and it is not just history, because this happened during the time of the Prophet sallallahu Sallam and it is quite pertinent, versus talking about hobbies, and then talking about controversy over the authenticity of the hobbies or those hobbies and without hobbies, and so on. But this is quite obvious thing, you know, the profits of seven did not demand them to
come back from habits when he established his own state. So
because they were able to practice their religion openly. Now, if someone fears for themselves or their progeny, their posterity, then they have to leave, have the fears that they will not be able to practice their religion openly, their posterity will not be able to practice their religion, there are signs that
there is an impending
threat, that we will not be able to practice our religion openly in this case, people ought to emigrate.
Up until then, it is recommended to migrate to the land of Islam and that is a point of agreement between the scholars, but when you say recommended, then there are other factors to be considered here other sort of benefit risk assessment to be considered or benefit harm assessment to be considered. This means some may factor in the benefit of Dawa and non Muslim lands. The benefit of having Islamic presence in non Muslim lands, the personal benefit for the Muslim minorities who live in non Muslim lands, and some practical and pragmatic aspects also,
because some Muslim minorities are not just limited to a few 1000 few 100,000 or a few million people, there are some Muslim minorities that,
you know, are a lot more than that. You could have a Muslim minority of 200 million people. That's basically a minority
Tea that is bigger than 30 Muslim countries combined together. So in this case, you cannot say to
because that, that will have consequences, not just for these people but also for the presence of Islam in these lands Islam would there be retracting, withdrawing, retreating?
And certainly, no one would say this to a minority of 200 million people.
It's just a practical
but like I said, the concept basically is quite obvious. People are able to practice their religion openly, they can stay like the Sahaba stayed in habits after the prophets, Allah emigrated to Medina for several years, it is recommended for them to leave, that's a general recommendation. Other considerations would have to be factored in,
that are collective considerations and individual considerations.
But once they if they feel
they have concern about being able to practice their religion openly or their posterity being able to practice their religion openly, then it would be go back to being compulsory on them
to emigrate. And I think this would bring us to the end of this chapter. It's one of the shorter ones the chapter on granting security and asylum to people and and summary of this chapter, he talks about many things. He talked about asylum being, you know, the right to or the right to protection being given or granted to individual Muslims, males and females, free and slave, any one of them can give asylum to,
you know, a group of disbelievers that's not you know, up to 100 disbelievers, then the right of asylum can be given by a state governor or like an Emir of enough combat to a particular town or a particular district. And the right of asylum can be given to all unbelievers by the halifa.
Then we talked about whoever enters their land, that's the land of warring enemy, with their promise of security will have in turn given them a binding promise of security, then we talked about the captive, and, you know, not not not, you know, honoring, fulfilling our contracts, even if that means going back to captivity.
And we talked about the exception of women here. Then we talked about truth and treaties with the unbelievers. truth that is time through studies on time and we set on time the means making the default peace. That's the Hanafi position, show yourself everyday me or him Allah rahimullah. And then we talked about
hedra or emigrating to the land of Islam, and we said it is binding on those who are unable to practice their religion openly recommend it for everyone, but also with other considerations that will affect the benefit, harm assessment protocol, the other stuff that comes to product Aloma Hyundai Shadowlands Federico to what I