FIGHTING AND FIGHTERS IN ISLAMIC LAW

(Alqital Walmuqatilun Fi Alshryet Al'iislamia)

An article written by Sheikh Abdul Karim Zaidan dealing with the topic of fighting and fighters in Islamic law, and it was published in the Yemeni magazine Al-Muqattal in two episodes, in Issue 43 and Issue 44 of the year 2007 A.D. It was also published in a research group in an independent book under the title (Contemporary Jurisprudence Research Group ).

  Written by: Dr. Abdul Karim Zidan

Praise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and all his family and companions .

1- One of the characteristics of Islamic law is general and comprehensiveness , as for the general meaning that its provisions address all human beings and apply to him because the message of our master Muhammad is general to all people, he is the Messenger of God for all people and the rulings of his religion apply to all people. And the Almighty said, addressing His Prophet Muhammad: (Say, O people, I am the Messenger of God to you all). The intended coverage of the law is that its provisions regulate all the affairs of life and the relationship of people Brabham and among individuals and groups said , Come: ( What Frtna  in the book  of  something ) and the Almighty said: ( followed what was revealed to you  from your Lord and do not follow from without parents ).

Among the affairs of life and the relationships of people among themselves, which the Sharia came to regulate and clarify its provisions in relation to “fighting and fighters.” In this article I want to explain some of what is related to this topic, which is at the core of the topics of Islamic law and its provisions. In Islamic law, there are provisions related to this subject without being interpreted, unless it is said, and without it it is loaded with what it cannot bear .

2)  Fighting is a form of jihad

The jurists said, "Jihad exerted effort by fighting in the cause of God directly or with assistance - that is, with the help of the fighters - with money or opinion or by increasing the number of fighters - that is, by increasing the number of fighters - even without initiating fighting or otherwise ."

What is meant by fighting for the sake of God is fighting in the places that God has commanded, in fighting in support of his religion, seeking his pleasure, and obeying his command. The types of Muslims in support of the religion of God to fight their enemies who Iatdwon on their homelands and fighting them grabbing their homes Come said: ( and fought  in the  way of Allah those who fight you not transgress Allah does not like aggressors ). And that Muslims fighting against their enemies is obedience to God and seeking His pleasure and seeking reward from Him, not for reputation and hypocrisy .

3)  Legality of the fighting

The Almighty: (he wrote you fighting, hating you , and it may be that you dislike a thing which is good for you , and that ye a thing which is bad for you , and God knows and you do not know ). In the interpretation of this verse: It is imposed upon you, O Muslims, to fight, and you may hate it because of exposing the soul to death. This is good for you, victory over your enemies, and ridding your homes of your enemies' seizure of them, and your staying dear in your homes. Evil for you because your inaction from the fighting will strengthen you and your enemy will defeat you until it reaches your backyard, and it will cause more damage to you than you fear from the fighting that you hated, which is what will afflict you with humiliation and the enemies dominate you in your homes with the punishment that will befall you in the hereafter for your failure to carry out the command of God Almighty to fight enemies Islam and your enemies. And the Almighty says:(And God knows) that is, He knows what your goodness is and what is best for you in this world and the hereafter, and from that God has commanded you to fight .

4) The virtue of fighting and fighters in Islam

To fight fighters in Islam is very great status and preferred not bestowed on others Almighty said: (God bought from the believers themselves and their money that they Paradise fighting in the way of Allah and kill and kill and except it really in the Torah, the Bible and the Koran , and fulfilled his promise of God Fastbcroa Bouapekm who Baiatm him and it is a great win) and says: ( bought from the believers themselves and their money Although the Almighty is their creator in order to encourage him to fight, and the price of this purchase or sale by them is their attainment of paradise, and it is a great victory, and this is a promise from God Almighty and whoever fulfilled his promise from God who called it a covenant from God, then God Almighty urges them to be happy with this winning deal That they fight their enemies for the sake of God and expose themselves to death in his path, and they will obtain what God has promised them of a profit that is not worthy of profit, which is entry into Paradise and eternity in it, and such a profit calls for joy in it and is considered the great victory that the souls of sincere believers aspire to .

In a statement, the status of Alhhdat when God says: (Think not of those killed in the way of Allah dead, but alive with their Lord rejoice in what God hath given them of His bounty and rejoice those who did not catch them from behind not fear, nor shall they grieve ).

And in the Sunnah on the merit of a fighter for the sake of God, what Imam Al-Bukhari narrated in his Sahih: “It was said, Messenger of God, which people is better. So the Messenger of God said: A believer who fights with himself - meaning he fights - and his money .”

Also in the Prophet’s Sunnah is the hadith of al-Bukhari in his Sahih: “The Prophet said: No one who enters Heaven loves to return to this world and has anything on earth except a martyr, and he wishes to return to this world and be killed ten times for what he sees of the merit of martyrdom .”

Some of the commentators of this hadith said: This hadith is the end of what was mentioned in the virtue of martyrdom and martyrs .

Imam Ahmad ibn Hanbal, may God have mercy on him, said: “There is nothing equal - that is, equal to - meeting the enemy, and the Muslim committing himself to fight for himself is the best of deeds, and those who fight the enemy are the ones who defend Islam and their freedom . ".

5)  Explaining the merit of fighting over other acts of righteousness

Sheikh al-Islam Ibn Taymiyyah said, explaining the merit of fighting over other acts of righteousness: “That the benefit of fighting for the sake of God is a general benefit for the one who does it and for others in the religion and the world, and it includes the great devotion of the one who does it to God Almighty and trust in him and surrender the soul to God Almighty by killing in fighting and giving his money and sacrifice to the Mujahideen in God's path ".

6)  Types of fighting

Legitimate fighting in Islam is what is fard kifaya, and some of it is fard kifaya. As for fighting fard kifah, it is that if some Muslims fight it enough and it is necessary to fight on behalf of others .

As for fighting, which is an individual duty, what is meant is that it must be carried out by every person charged in Islam, whether he is a Muslim male or female Muslim and has reached the age of puberty, so it is not waived by the action of some without others. So such fighting, which is an obligatory duty, such as the imposition of the five daily prayers or the fasting of Ramadan, is not interrupted by the action of some without others, but rather the obligation of prayer and fasting must be performed by each of those responsible .

7)  When is fighting an individual duty ?

Fighting becomes an individual obligation in the following cases :

  A- The first case :

If the army of Muslims meets the army of the enemy, everyone in the Islamic army must fight the enemy and remain steadfast and not flee from it, because God Almighty says: ( O you who believe, if you meet a group, stand firm and remember God .)

He says: ( O ye who believe ! If ye meet those who disbelieve in battle do not turn your backs * It is Aolhm that day only orchestrated Trva to fight  or  biased to a class B has angrily  of  God and the abode of hell  and good riddance ).

  B- The second case: the

necessity of physical fighting, and this case is if the Imam announces the general mobilization to kill the enemy. (O ye who believe what you if you were told you to go forth in the cause of God ye are bowed down to earth heaviness life of the world from the afterlife) said ﷺ: "If Astnfrtm Fanfroa" If mobilized forward some people ie if invited them to go out to fight , they should answer and obey him out . "

  C- The third case :

If the imam, i.e. the head of state, calls a person appointed to fight, he must go out. The Maliki jurists said: “Jihad - meaning fighting becomes an individual duty - must appoint the imam - meaning the head of state - for the person who appointed him .”

D- The fourth case :

In which going out to fight becomes an individual duty if the horn becomes public, and that is if the imam - the head of state - announces that the public mobilization calls for all members of the ummah to go out to fight, and that in the event that the enemy attacks an Islamic country or actually occupies it, in this case it becomes fighting the enemy to prevent it from the House of Islam or Taking him out of her is an obligation in kind on a responsible Muslim, whether he is a Muslim or a Muslim, and badly the head of the state that is called upon to fight is just or immoral, because what he calls for is acts of righteousness that enter into obedience to God, he must obey what he orders, that is, in his order for everyone to go out to fight. God Almighty on this situation, i.e. the state of the general sound that the head of state calls for, they said:He goes out to fight the slave without the permission of his master, and the woman goes out without her husband's permission if she has a husband, and if she does not have a husband, then she goes out without the permission of her guardian because going out to fight was a specific obligation for the public mob announced by him and called by the head of state, so the woman had to do without her husband’s permission just as she imposes prayer And fasting without her husband’s permission. Likewise, young men who have not yet reached the age of puberty go out to fight if they are able to do it or contribute to some of his requirements, and that fathers and mothers hate them to go out .

When women go out to fight in the state of the general mobilization, they do what they can of the requirements of fighting and actually start fighting if they are able to it or some types of it .

As for the explanation of the necessity of fighting against everyone in the general horn, we said that the horn is general if the enemy attacks or actually occupies an Islamic country, and the explanation for this obligation in the case of the general alarm is that the occupation of the enemies of Islam in an Islamic country is considered a dangerous matter and a great strife and a great calamity in order to push it by sacrificing souls in Fighting the enemy and preventing him from the abode of Islam or taking him out of it because in not fighting the enemy and preventing him from the abode of Islam or taking him out of it because in not fighting the enemy, something greater than the loss of Muslims’s lives in fighting the enemy is the occurrence of humiliation and insult to Muslims by their enemy who occupied their neighbors. In the Muslim to be dear. The Almighty said: (And to God Almighty is His Messenger, and to the believers ) and the Almighty said: (Neither be humiliated nor grieving, and you are the one who loves those who are the Most Exalted, and the one who is the Most Exalted remains the one who loves him. Say that it will not happen to us except for what God has written for us ) and believes in the Almighty’s saying: “It was not for a soul to die except with the permission of God in a postponed book .”

If a Muslim fighter is killed in combat, then he will die as a martyr and have won a great victory because he died a martyr, and we have mentioned the merit of martyrdom and martyrs. The poet said :

And if there is no need for death, then it is a shame to die a coward

The coward: He who makes fighting against him an individual duty and does not respond to it .

Moreover, in abstaining from fighting, which has become a concrete obligation, to contribute to empowering the enemies to control Muslim countries and humiliate them, and to dominate the hypocritical followers of his followers over the rule of the country they occupied, just as in enabling the enemies to occupy the Islamic country by lazy Muslims to fight them is a great temptation for Muslims in their religion, these matters and the like. He spoke of the enemy's takeover of Muslim countries, in which martyrdom would be easier than the humiliating life that Muslims are under the rule of the enemies who occupied their country .

  E- Fifth case :

Where the fighting becomes an individual duty on the Muslim involvement in the wire soldier and the process of becoming an individual in the state army , he earns it a monthly salary from the treasury of the state to meet locked himself and his time in preparation to come out to fight if his parent 's exit shall be the necessity of fighting it from two sides: the first hand Sharia because Muslims, and he is one of them - are addressed to fight, and on the other hand, fighting against him is considered a duty according to his contract with the state when he joins in the army and becomes a member of it, and the necessity of his willingness to answer the guardian’s request to go out to fight, so it is forbidden for him to disobey the obligation to fight against him according to Sharia and according to His contract with the state, whose requirements include going out to fight if the guardian invites him, because God Almighty says: ( O you who believe, fulfill the contracts ).

8)  Canal is a must

The fight between human beings, especially between their group and their countries, must take place because it is a struggle between truth and falsehood, that is, a struggle between right and wrong. What is meant by right and wrong? And why does the stampede happen, even if it is a fight between their owners? This is what I answer in the following :

9)  What is meant by right and wrong

What is meant by the right is everything that is proven and correct or an obligation to do, to remain and to defend it from belief, action or negligence and all of these liabilities by virtue of Islamic law .

  The falsehood is the antithesis of the truth that we have explained its meaning and intent, and falsehood includes everything that has no proof and consideration, and is not described as valid and must be abandoned and removed if it is found and not done, and all this information is according to the rule of Islamic law .

And the explanation for the occurrence of the stampede, even if by fighting between right and wrong, that is, between its owners, that they are against, and the two opposites do not meet, because each team wants to implement what it has of the meanings of the right or what it bears from the meanings of falsehood. And the application of each team what it has in terms of right or wrong will result in competing with the other team and what it bears in terms of right or wrong, and its removal, even by force and fighting if it is able or wasted, and preventing it from having an impact on the realities of life, and as for the survival of the two parties and what they hold of the right with one of them and void in the other Without a fight or a fight, it is due to their equal weakness or strength .

11) The falsehood has power that overcomes its people

The falsehood may have a great influence on its owner, so the power of falsehood carries him over tyranny if he has the power over it, and this is the tyranny of the falsehood and its people because of their strength, so they are not content to stay on their falsehood and refuse to accept the truth from its people, but rather seek the righteous of the truth and its people. They did not embrace Islam. The path of emigration to Madinah, and he is the one who embraces Islam, and even after the migration of the Prophet and those with him to Madinah, the infidels of the Quraysh did not cease to pursue the Prophet and those with him in Medina to the right and to kill his prophet and whoever believed with him. Falsehood does not accept the survival of the people of truth and are not satisfied with their survival.(And they will not still fight you until they turn you back from your religion, if they are able ).

12) The right must have power to protect it

By protecting the right, we want to protect it by itself and protect it. Because the people of falsehood, as we said, is not sufficient for them to remain on their falsehood and their rejection of the right that is presented to them by companions. Rather, they want the truth of the truth and its companions, as we have said. What is this power that must be prepared by the people of truth, who are Muslims? What types of this force should be prepared. What is the legitimacy of this preparation for this force? This is what we show in the following paragraphs

13)  Sharia command to prepare force

The Almighty said: (and prepared them what you can of power, including steeds terrify by the enemy of Allah and your enemy and others besides them you know not God taught them) and this public speech to Muslims should be prepared force, and this setting duty; because the original in the order formula that it is obligatory, which is implementing this The command - meaning the preparation of force - is the caliph, meaning the head of state who acts on behalf of the ummah to implement what it is legally entrusted with, including preparing force .

14) What is meant by the force required to be prepared

are the types of weapons according to what was narrated on the authority of Ibn Abbas, may God be pleased with him, and Imam Al-Razi said in his interpretation: It is part of power.) The other commentators said: What is meant by it is ( from the horse's tie) : The bound horses that are intended for fighters to be used in fighting. They are among the things that must be prepared in combat, so that they are the strength to be prepared. And the preparation of force of all kinds must be terrifying the enemy; Because in the verse that we have explained what happens from the preparation of strength, which is the Almighty’s saying: (With it you fear the enemy of God and your enemy.) What is meant by terrorizing the enemy is to frighten him from attacking Muslims because of their strength, so they do not dare to fight Muslims because they see their strength that they have prepared.Based on this, the power prepared by the Muslims must be sufficient to frighten their enemies in a way that they refrain from fighting the Muslims, so that the Muslims' power does not fear the enemy unless it is greater and stronger than the enemy's strength, and thus Muslims are safe from the evil and aggression of their enemies Because fighting is not intended for itself by Islamic law, but rather a project for necessity and for legitimate reasons to fight the article defending the House of Islam against the enemy. Therefore, God Almighty trusted the generous Companions in the battle of the Trench by preparing the reasons that led the besieging polytheists to leave Medina and return to their homes, so God Almighty sent down With regard to the battle of the Trench, the Almighty said: (And God is sufficient for the believers to fight), so achieving the goals of Muslims from the enemy without fighting is among the blessings of God upon Muslims.(And God suffices the believers to fight). Reaching the goals of Muslims from the enemy without fighting is one of God’s blessings on Muslims.(And God suffices the believers to fight). Reaching the goals of Muslims from the enemy without fighting is one of God’s blessings on Muslims .

15)  Must configure the means of force setting

We said: The preparation of force is a legal duty according to the verse we mentioned, so preparing these means is a legal duty as well. Because the legal rule: (unless an obligation is accomplished without it, then it is an obligation) and preparing these means requires learning to craft these means, so it is necessary to prepare individuals who learn these means and manufacture them from various types of weapons at the present time. Because what is required is to prepare the material force for combat, and the material force is in the weapon, and the type of weapon changes with the change of times, so the means of force must be taught at the present time .

16) Taxation of force preparation

And preparing the force to prepare the weapons necessary for fighting requires the presence of sufficient money for this purpose, so the guardian - the caliph, i.e. the head of state - may employ taxes in the money of the rich or impose taxes on all citizens according to a deliberate and urgent plan in which their ability to bear these imposed taxes is taken into account, and supports what I say Our old scholars, may God Almighty have mercy on them. Among their sayings :

   Imam Muhammad ibn al-Hasan al-Shaibani, the companion of Imam Abu Hanifa, said: (If the Imam - meaning the caliph or the head of state - wants to prepare an army, if there is capacity in the treasury, then he should supply them with the money of the treasury and not take anything from the people. And if there is no capacity in the treasury. It was to him that by virtue of - that is, it requires - financial taxes on the people, with the benefit of those who go out to jihad - that is to fight ....).

   Imam Al-Sarkhasi commented on this saying: (Because the Imam appointed them as their overseer - i.e., overseeing the Muslims by collecting their interests - and the consideration was complete .)

   Imam Sarkhasi - who is one of the old Hanafi jurists said: - (If there is no money in the treasury and the need to equip the army to dissolve - that is to defend - the Muslims, then he may rule - that is, he requires - over the people as much as he needs for that - that is, for the purpose of defending Muslims. And their homes - because that is, the caliph or the head of state is commanded to consider the Muslims, and if the army is not prepared to pay - that is, to push the enemies away from the house of Islam and its Muslim people - the polytheists appear - that is, the polytheists - prevail over the Muslims and their homes, so they take from the Muslims their wealth and offspring, so it is good training for the imam - the caliph - On the owners of the money as much as he needs to equip the army to be safe in otherwise .

17)  Preparation of the soldiers

One of the power to be prepared is to prepare the soldiers who are fit to fight And this preparation is the preparation of faith and the physical preparation .

18) The preparation of faith for the soldiers

Sheikh al-Islam Ibn Taymiyyah, may God have mercy on him, said: (One of the conditions of a soldier is that he be a brave religion.) Religiosity is to adhere to the correct Islamic belief and believe in its meanings and requirements, and to do what God Almighty has prescribed in terms of worship and controls in the behavior of a Muslim and his relations with others, and therefore it was the duties of the Muslim leader to pledge his soldiers And taking care of what strengthens their religiosity, and therefore the commander was the one who prays with his soldiers .

Religiosity is very important to the soldier because it gives him great strength in fighting because one of the meanings of religion is that whoever kills in the fight against the enemy dies a martyr, and martyrdom is the highest of the homes of the believers, and on this I think it is the duty at the present time for the guardian to appoint qualified mentors from the scholars to give lessons to the soldiers in the meanings of faith. And the Islamic belief and their number is sufficient. It is not permissible for the guardian to neglect this aspect of faith in the soldier, in which he increases the stamina in the fight and steadfastness in front of the enemy, and he does not update himself with the decision .

19)  Physical preparation for soldiers

The material preparation of soldiers is to prepare and prepare the various weapons intended for combat and to teach soldiers how to use them, along with teaching them the arts of war and fighting and training them on how to move on the battlefield in different circumstances and conditions .

And includes in the concept of material preparation for soldiers the conduct of periodic military exercises: which are called "military maneuvers" to keep the south aware of what the soldier should know about the requirements of war and fighting and so that he does not forget what he has learned about what is related to fighting, and in the noble prophetic hadith: "Who learns to shoot? Then he left it because it is not one of us, "and in another version," he disobeyed. " This hadith indicates the necessity of training soldiers and conducting military exercises "maneuvers" at certain periodic times so that they are not considered to have left what they have learned from the use of various weapons or what they have learned about the arts of war and combat, and so that leaving these exercises does not lead the soldiers to forget what they have learned from the use of weapons. And the arts of war, and some jurists have said, “The Sultan should take the princes - that is, the princes of the soldiers - and the soldiers with full readiness to initiate jihad - fighting - by taking good weapons and horseback riding with an addiction to equestrian and horse and body sport .”

20)  What is permissible for a soldier in the event of war and fighting

  A) Wearing silk :

It is permissible for a soldier to wear silk in the event of war and fighting for necessity or to terrorize the enemy, so that no one else takes his place in the payment and protection of weapons. As for his clothing to terrorize the enemy, the scholars have two sayings that they showed that it is permissible, because the soldiers of the Levant wrote to Umar ibn al-Khattab, may God be pleased with him: “If we met the enemy and we saw them disbelieving - that is, they covered - their weapons with silk, we found terror in our souls, so Omar bin Al-Khattab, may God be pleased with him, wrote to them: And you So disbelieve your weapons as they disbelieve theirs . "

  B) Show off in the battlefield It is

permissible for a soldier on the battlefield to walk on an empty foot, for it came in the noble hadith on the authority of the Prophet that he said: “Some of the vanity is what God loves, and some of the vanity is what God hates. And when it comes to truthfulness, and as for the vanity that God hates, vanity is in prostitution and pride .

In the battle of Uhud Abu Dujana al-Ansari, between the two rows, that is, between the two ranks of the fighters: The Muslims described the polytheists and said: “It is a gait that God hates except in this place .”

  C) lengthening nails in war

Imam Ahmad bin Hanbal, may God have mercy on him, said: Omar bin Al-Khattab, may God be pleased with him, said: Save the nails in the enemy's land, for they are weapons. Imam Ahmad commented on this saying: A soldier in war may need it on the battlefield .

And Abd al-Hakim bin Amr, may God be pleased with him, said: The Messenger of God has commanded us to cut nails in jihad - that is, in war - because strength is in the nails, and it is known that trimming the nails and not lengthening them is one of the desirable instinctive norms in Islamic law, but a soldier is permitted to lengthen his nails in case of war and fighting the enemy And in cases other than war or fighting, it is Sunnah to trim it and not to prolong it .

21) Ligament in stomata

The ribat in the thaghoor enters into the concept of the force that must be prepared to confront the enemy, terrorize him and fight him, and the outgrowth is the collection of a loophole, which is every place from which the enemy can infiltrate and enter the abode of Islam to attack the Muslims. They tie their tufts in the hole, so the place in the hole is called a tie, even if there are no horses in it. And the ribat in the trenches is one of the strengths of the House of Islam and the Army of Islam, because it is in defense of the House of Islam and to prevent the enemy from infiltrating into the House of Islam and attacking the Islamic army. That is why the Muslim caliphs took care of him and mobilized Muslim soldiers in it, and this is why the ruler should not leave a gap in the mouths of the House of Islam without a strong group of soldiers stationed in it. The hadiths of the Prophet came about the virtue of those stationed in Al-Thaghour and their great reward for that, what Imam Muslim narrated in his Sahih that the Prophet said: “The bond of a day and a night is better than fasting and standing up for a month.”And Sheikh al-Islam Ibn Taymiyyah, may God have mercy on him, said: “A settlement for the sake of God is better than neighboring Makkah, Madinah and Bayt al-Maqdis .”

22) The Prince "Commander" of the Army in Islam

Muslims fighting their enemy is not chaos without order or organization, and it is not sufficient for Muslims or soldiers prepared to fight to be present to go out to fight the enemy and give their lives for the sake of God. And at the head of the system required for Muslims to fight their enemy, the fighters must have an emir, who is a commander who manages the affairs of fighting and fighters, and sets the necessary plans for the fight. In fact, the presence of a commander for fighters is a legal duty, because Islamic law enjoins the presence of an emir for the least groups. It came with the noble Prophet’s hadith that the Prophet ﷺsaid: “If three go out on a journey, let them command one of them .”

And Sheikh al-Islam Ibn Taymiyyah said in this hadith and its significance: If the Prophet had enjoined in the least congregation and the shortest of meetings to delegate one of them, this was a warning on the necessity of that in what is more than that. Thus was the Sunnah of the Prophet ﷺIf he sent a company - that is, a group - to fight the polytheists, then one of its members would be commanded and commanded to obey him, and if ﷺwent out to the Muslims to fight, then he is their leader in this going out and fighting as in his coming out in the battle of Badr and Uhud .

23)  What is required of the army commander

The leadership of the Islamic Army is what the Muslim jurists call the "guardianship of war", meaning the command over the fighters for the sake of God, that is, the command over the soldiers who make up the Islamic Army, and those who assume this guardianship or command over the soldiers are called "the warlord" or "the prince of the mujahideen" or "the commander of the fighters" or "Commander of the combatants" or "the commander of the army, and these designations are for one name, and he is the one who takes command of the army and becomes its commander, so what are the conditions for who takes command of the army and becomes its commander?" The answer is that the conditions for whoever takes over this mandate are the conditions of each state in Islam, which are: strength, trustworthiness except That power is in every state in proportion to it. Power in the emirate of war that must be achieved in the army commander is due to the courage and experience in wars, methods of fighting and deception, patience with them, and other things related to matters of war and fighting.But it must be known that what is meant by courage, which is one of the conditions of the leader, is not the strength of the body and the enormity of the corpse, so a strong-bodied man might be large in corpse, but weak in heart and not be brave, and because courage is the strength of the heart and his steadfastness in adversity and difficulties. Therefore, Abu Bakr Al-Siddiq, may God be pleased with him, was at the top Courage over the weakness of his intention has been proven in the most embarrassing circumstances, the Muslims were traumatized by the death of the Messenger of God. Osama's army headed to Tabuk and fought the crowd of Romans and did not stay in Medina because the Prophet held his brigade to Osama and ordered him to go to Tabuk as we said, and that was a few days before the death of the Prophet and before he left Medina the death of the Prophet But with this Abu Bakr ordered this army to go to Tabuk because the Prophet ordered that before his death.And when Umar ibn al-Khattab, may God be pleased with him, came to ask Abu Bakra to keep Osama’s army in Medina and to wait with those withholding zakat and not fight them due to the harsh conditions and the apostasy of those who apostatized. When Umar ibn al-Khattab insisted on this, Abu Bakr was angry and said to Omar bin al-Khattab: forces in Jahiliyya and Khawar Islam? By God, if they prevented me - that is, those who refused to pay the zakat - a headband or a hug they used to give to the Messenger of God I would have fought them for him and said on the authority of Osama's army: By God, the banner that the Messenger of God held to Osama and make him the commander of the army and order and his army to walk and head to Tabuk as we said. This is the courage and it is the courage of the heart that appeared in Abu Bakr Al-Siddiq in the face of these tremendous difficulties and hardships, and he must know that courage does not mean recklessness and deviation from the scope of the Sharia, but rather the owner of it remains steadfast, directing his strength and courage, where God Almighty orders the Muslim if he takes over from the states, including the mandate of war and presidency Country .

24)  As for the second condition of the commander of the army, which is "trustworthiness," it is due to the piety, fear, and obedience of God Almighty, and to fulfill the requirements of his guardianship over his army as commanded by Islamic law . .

25) Al- Asbah is submitted to the army command over others And if the condition for assuming the states is to achieve power and trust in whoever is assigned to a state, except that power and trust in one person is rare or few, then the caliph or the guardian must choose the fittest for the state of war, that is, the best to lead the army that gets under his leadership the purpose of this state, which is to repel the enemies and the victory On them, and on this basis, the guardian to lead the army appoints a strong and brave person. The guardian to lead the army appoints a strong, courageous and competent person who is an expert in the arts of war and fighting methods, even if there is something that is taken against him and there are others who are better and fearful to God from him, but he is not in strength, courage and experience in the arts of war and fighting methods The example of the first person that we described and indicates what we have said that the Prophet ﷺwas assigning the mandate of war and the leadership of the army to Khalid bin Al-Walid, may God be pleased with him, since Khaled converted to Islam, and he said ﷺ: “Khalid is a sword that God entrusted to the polytheists.”Although Khalid bin Al-Walid, may God be pleased with him, used to issue from him sometimes what the Prophet would deny to him and that is what Khaled bin Al-Walid did in Bani Juthaima when the Prophet sent him to them, and he killed them and took their money without merit, similar to and with a weak interpretation so that the Prophet When he reached him what Khaled did in Bani Juthaima raised his hands to heaven and said: “O God, I absolve you from what Khaled did.” Nevertheless, he did not isolate him from leading the army. Rather, the Prophet paid from him their money, and with this, the Prophet continues with his foot in the Emirate of war and the leadership of the army - and if he did what he did similarly The type of interpretation in Bani Juthaima was that the companion Abu Dharr, may God be pleased with him, was more righteous and pious than Khaled, and with this the Prophet did not assign him the mandate of war or other states and he said to him ":“ O Abu Dhar, I see you weak and I love for you what I love for myself. You must not take over the money of an orphan, "Narrated by Imam Muslim

Abu Bakr, may God be pleased with him, followed the Sunnah of the Messenger in assigning the mandate of the war - commanding the army - to Khalid bin Al-Walid in fighting the people of apostasy and in the conquests of Iraq and the Levant, despite us, some lapses appeared from him in which he had an interpretation, because Abu Bakr did not isolate him from the army leadership for that Lapses, but blamed him for pre-empting the interest over the spoil in his remaining commander of the army because someone else was not able to take his place in managing war affairs and leading the army .

26) The duties of the soldiers towards their commander

The soldiers must obey their commander because he is their commander, so he enters into the general command of the first order that must be obeyed in the Almighty’s saying: (O those who believe, obey God and obey the Messenger, and the one who commands the command from you ).

And in the noble prophetic hadith narrated by Imam Al-Bukhari and in his Sahih, in which he said:: “Whoever obeys me has obeyed God, and whoever obeys my emir has obeyed me, and whoever disobeys me has disobeyed God, and whoever disobeys Akeri has disobeyed me .”

What I see is that the one who takes command of the army by appointing a guardian according to Islamic law is the same as the one appointed by the Messenger of God in the obligation of obedience to those appointed by them, so that the soldiers ’obedience to their commander appointed by the guardian in accordance with the law of Islam is obedience to the command of the Prophet ﷺ.

27)  But it must be known that the soldiers ’obligation to obey their commander is only bound by the limits of the Shari’a, that is, what the Islamic Sharia requires or permits. This is why it came in the noble Prophet’s hadith:“ Obedience is in goodness ”and in another hadith:“ Obedience to a created being in disobedience to the Creator. ” To the attribute of this obligatory obedience, which is that it be with kindness, it came in Surat al-Mumtahna in the pledge of allegiance to the Prophet The Almighty said: (And do not disobey you in goodness). To warn that it is not permissible to obey a creature in disobedience to the Creator, "and what is known is every matter that is obedience to God or whatever God has commanded or forbidden ."

28) The duties of the commander towards his soldiers

First: Their consultations ... The army commander must consult those with opinion among the members of his army because consultation is a very important matter that God commanded the Messenger ﷺand he is the messenger supported by revelation. To the guardian for the consultation, God Almighty commanded it by His Prophet. ”And in Imam Al-Razi's interpretation of this verse:“ Al-Hassan and Sufyan ibn Uyaynah said, As for God’s command, his Messenger, to consult, so that others may follow the command of the command to consult and become Sunnah in his ummah. ” For the soldiers who are under his command, he must consult them so that he can fulfill the duty of consultation, said Imam al-Qurtubi i

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Published on: 2015-03-01 (7194 Reads)

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