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place and is conditional upon God’s words: ‘It is He Who has sent His Messenger with guidance and the religion of truth, that He may make it prevail over all religion. And God suffices as witness.’ (Al-Fath, 48: 28). It took place in the Arabian Peninsula at the time of the Prophet, for God says: ‘… and that you may warn the Mother of Towns [Um al-Qura] and those around it …’ (Al-An’am, 6: 92); and: ‘O you who believe, fight those of the disbelievers who are near to you …’ (Al-Tawbah, 9: 123). The Prophet also said: ‘Evict the idolaters from the Arabian Peninsula.’ How could this not have come to pass when God promises the Prophet: ‘It is He Who has sent His Messenger with the guidance and the religion of truth, that He may make it prevail over all [other] religions, though the disbelievers be averse.’ (Al-Saff, 61: 9). What is meant here must be the Arabian Peninsula since this is what happened during the life of the Prophet. In any case, if the commanders of jihad see that it is in the best interest of Muslims, it is permissible for them to cease combat, even if this goal has not been achieved, because God says: … then if they desist, there shall be no enmity, save against evildoers.’ (Al-Baqarah, 2: 193). The circumstances and events of Sulh al-Hudaybiyah are proof of this.
place and is conditional upon God’s words: ‘It is He Who has sent His Messenger with guidance and the religion of truth, that He may make it prevail over all religion. And God suffices as witness.’ (Al-Fath, 48: 28). It took place in the Arabian Peninsula at the time of the Prophet, for God says: ‘… and that you may warn the Mother of Towns [Um al-Qura] and those around it …’ (Al-An’am, 6: 92); and: ‘O you who believe, fight those of the disbelievers who are near to you …’ (Al-Tawbah, 9: 123). The Prophet also said: ‘Evict the idolaters from the Arabian Peninsula.’ How could this not have come to pass when God promises the Prophet: ‘It is He Who has sent His Messenger with the guidance and the religion of truth, that He may make it prevail over all [other] religions, though the disbelievers be averse.’ (Al-Saff, 61: 9). What is meant here must be the Arabian Peninsula since this is what happened during the life of the Prophet. In any case, if the commanders of jihad see that it is in the best interest of Muslims, it is permissible for them to cease combat, even if this goal has not been achieved, because God says: … then if they desist, there shall be no enmity, save against evildoers.’ (Al-Baqarah, 2: 193). The circumstances and events of Sulh al-Hudaybiyah are proof of this.
d. The Rules of Conduct of Jihad: The rules of conduct of jihad are summarized in the words of the Prophet Muhammad: ‘Wage war but do not be severe, do not be treacherous, do not mutilate or kill children … .’ The Prophet also said on the day of the Conquest of Mecca: ‘Those retreating are not to be killed, nor are the injured to be harmed, and whoever shuts his door is safe .’ Similarly, when Abu Bakr Al-Siddiq prepared an army and sent it to the Levant, he said: ‘You will find people who have devoted themselves to monasteries, leave them to their devotions. You will also find others whose heads are seats for devils (i.e. armed deacons25), so strike their necks. However, do not kill the old and decrepit, women or children; do not destroy buildings; do not cut down trees or harm livestock without good cause; do not burn or drown palms; do not be treacherous; do not mutilate; do not be cowardly; and do not loot. And truly God will support those who support Him and His Messengers while not seeing Him. Truly, God is Strong, Mighty.’ As for killing prisoners, it is forbidden in Islamic Law. Yet you have killed many prisoners including the 1700 captives at Camp Speicher in Tikrit in June, 2014; the 200 captives at the Sha’er gas field in July, 2014; the 700 captives of the Sha’etat tribe in Deir el-Zor (600 of whom were unarmed civilians); the 250 captives at the Tabqah air base in Al-Raqqah in August, 2014; Kurdish and Lebanese soldiers, and many untold others whom God knows. These are heinous war crimes. If you claim that the Prophet killed some captives in some battles, then the answer is that he only ordered that two captives be killed at the Battle of Badr: Uqbah ibn Abi Mu’ayt and Nadr ibn Al-Harith. They were leaders of war and war criminals, and the execution of war criminals is permissible if the ruler orders it. This is also what Saladin did upon conquering Jerusalem, and what the Allies did during the Nuremberg trials after World War II. As for the tens of thousands of captives that fell under the jurisdiction of the Prophet over a span of ten years and 29 battles, he did not execute a single regular soldier; rather, he entrusted that they be treated with kindness. The Divine Decree regarding captives and prisoners of war is in God’s words: ‘…Thereafter either [set them free] by grace or by ransom …’ (Muhammad, 47: 4). God commanded that captives and prisoners of war be treated with dignity and respect: ‘And they give food, despite [their] love of it to the needy, and the orphan, and the prisoner.’ (Al-Insan, 76: 8). Indeed, the true Sunnah of the Prophet regarding captives is pardon and amnesty, as was demonstrated during the Conquest of Mecca when the Prophet said: ‘I say as my brother Joseph said: “There shall be no reproach on you this day”. Go, for you are free!’
Finally, one of the most important principles when it comes to the manner of jihad is that only combatants may be killed; their families and non-combatants may not be killed intentionally. If you ask about the instance when the Prophet was asked about bystanders and women being killed with idolaters and he said: ‘They are from them29’, this Hadith refers to the killing of innocents by accident and in no way indicates that the intentional killing of innocents—such as in bombings—is permitted. As for God’s words: ‘… and be harsh with them …’ (Al-Tawbah, 9: 73); and: ‘…and let them find harshness in you …’ (Al-Tawbah, 9: 123), this is during war, not after it.
9. Declaring People Non-Muslim (takfir): Some misunderstandings about takfir are a result of the exaggeration of some Salafi scholars in matters of takfir (declaring people non-Muslim), and in their exceeding of what Ibn Taymiyyah and Ibn Al-Qayyim have said in many important aspects. In brief, takfir can be summarised correctly as follows:
a. Quintessentially in Islam, anyone who says: ‘There is no god but God; Muhammad is the Messenger of God’ is a Muslim and cannot be declared a non-Muslim. God says: ‘O you who believe, when you are going forth in the way of God, be discriminating and do not say to him who offers you peace: ‘You are not a believer, desiring the transient goods of the life of this world. With God are plenteous spoils. So you were formerly, but God has been gracious to you. So be discriminating. Surely God is ever Aware of what you do.’ (Al-Nisa’, 4: 94). The meaning of ‘be discriminating’ in the above verse is to ask them: ‘Are you Muslims?’ The answer is to be taken at face-value without questioning or testing their faith. Moreover, the Prophet Muhammad said: ‘Woe to you! Look! After I die, do no return to being non-believers, striking each other’s necks30.’ The Prophet also said: ‘… so whoever says: “There is no god but God” saves himself and his wealth except as permitted by law, and his reckoning is with God.’ Ibn Omar and the Lady Aisha also said: ‘Declaring the people of the Qiblah as non-Muslim is not permissible.’
b. This issue is of the utmost importance because it is used to justify the spilling of Muslim blood, violating their sanctity, and usurping their wealth and rights. God says: ‘And whoever slays a believer deliberately, his requital is Hell, abiding therein, and God is wroth with him and has cursed him, and has prepared for him a mighty chastisement.’ (Al-Nisa’, 4: 93). Moreover, the Prophet said: ‘Whoever says to his brother “O disbeliever”, it will certainly be true of one of them.’ God has warned, in the strongest terms, against killing anyone who verbally declares his Islam: ‘… And so if they stay away from you and do not fight you, and offer you peace, then God does not allow you any way against them.’ (Al-Nisa’, 4: 90). The Prophet warned against accusing people of polytheism and of taking up the sword against them; he said: ‘The person I fear for you the most is the man who has read the Qur’an … cast it off and thrown it behind him, and taken up the sword against his neighbour and accused him of polytheism .’ It is not permissible to kill any Muslim, (nor indeed any human being), who is unarmed and a non-combatant. Usamah Ibn Zayd narrated that, after he killed a man who had said: ‘There is no god but God’, ‘the Prophet asked: “He said: ‘There is no god but God’ and you killed him?!” I replied:
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