Simpleton isis fanboys believe the hadd for not giving bayah to a Khalifah is execution. They attempt to misapply a quote from how the Khilafah was destroyed to state that one can enforce the bayah of the khalifah upon the ppl. Or they completely give the incorrect explanation of ahadith on the matter. This is an attempt to justify the murder of one of the brothers of the hizb in Syria who was murdered by isis thugs. So lets clarify the fiqh. The fighting against ahlel bughaat is permitted if and only if they raise arms and come to physically fight against the khalifah. So not by words but actual arms. In such a situation the khalifah does not go straight to war rather he first tries to reconcile the issue. If they have a legitimate concern then it should be addressed If they have doubt then it should be cleared up If they have an opinion, then it should be shown the stronger opinion in adhering to the khalifah. The point being every opportunity must be undertaken to reconcile the hearts of the believers when one group raises arms against the legitimate khulafah If all possible reconciliation fails and theres no other alternative but to fight, then they are not fought like a normal war of jihad. Eg their wealth isnt taken, they are not taken as prisoners of war if they are captured, they can be imprisoned after a trial as taaZeer but cannot be executed. If they turn their backs they are not killed, minimal force is used to prevent as much death or destruction as possible. The purpose is to fight them so that they can return back to the authority. This is based on the ayah: “And if two parties of the believers fight, reconcile between them. If one transgresses against the other, fight the one that rebels until it complies with the command of Allah. Then if it complies, reconcile between them justly and be equitable. Verily Allah loves those who are equitable” [TMQ Al-Hujurat:9]. If only these Isis fanboys and fangirls can properly learn their deen they wouldnt justify Munkar and the murder of muslims. Here btw is nidhamul uqubat (punishment system in Islam) book adopted by the hizb on the subject. The Hadd of Rebels (Ahl al-Baghy) Rebels are those who rebel against the Islamic State, and they have might and power ie they are those who revolt against the State, display arms against it and announce war on it. There is no difference between their rebellion against a just Khalīfah or an unjust Khalīfah, or whether they relied upon an interpretation in the deen or they seek worldly matters for themselves; they are all rebels as long as they display arms against the authority of Islam. It is a duty upon the Khalīfah or the one representing him in the wilayah to correspond with them and ask them what they are taking vengeance for from the ruler. If they mention an injustice he removes it, and if they claim a specious doubt (shubha), he sheds light upon it. If it were obscure for them, such that they believe that what he did is contrary to the truth, while it was not like that, it is a duty upon him to explain to them his evidence and show them the sense of the truth. This is because Islam commands Muslims to display arms in the face of the ruler if they see open disbelief (kufr bawah) about which they have clear proof (burhan) from Allah, or he is not implementing the rules of Islam. It is possible that they rebelled due to something of this, responding to the request of the Shar’, so it is obligatory upon him to explain the reason of what is unclear to them. If they withdraw from rebellion, he leaves them and it is not permitted for them to continue their rebellion. However, if they do not withdraw, he fights them as an obligation not a fight of war but rather a fight of disciplining (ta’deeb). Hence, it is haram to fight them in a way that causes general annihilation to them, except for necessity (dharura). It is not valid that they be attacked by airplanes, incendiary bombs or heavy cannons, unless there is an extreme necessity required by the styles of disciplinary punishment, and not the styles of war. It is forbidden to kill their children or those who flee from them. Whoever among them leaves the fighting is left, and if they killed anyone they are not killed for him. If one of them is taken captive, he is imprisoned and treated as a sinner and not as a prisoner of war because he is not a prisoner of war. It is not allowed to take anything of their property, because they are citizens whose disciplinary punishment requires following with them the style of fighting, hence fighting against them is neither considered war nor jihād. The basis for the hadd of rebels is the saying of Allah Subhanahu wa Ta’ala, “And if two parties of the believers fight, reconcile between them. If one transgresses against the other, fight the one that rebels until it complies with the command of Allah. Then if it complies, reconcile between them justly and be equitable. Verily Allah loves those who are equitable” [TMQ Al-Hujurat:9]. This ayah considered those rebels as believers, so they did not leave their iman by their rebellion. It is explicit in obliging fighting against them and in renouncing fighting against them if they comply with the command of Allah; and that responsibility has been removed from them regarding what they destroyed in their fighting, whether property or lives. His saying, “Reconcile between them” [TMQ Al-Hujurat:9] indicated the obligation of corresponding with them before fighting them. This ayah proves the hadd on the rebels, and explains what it is, namely fighting them until they comply. However, this is after corresponding with them, and attempting to remove what caused them to rebel in terms of injustice, doubt or misunderstanding or the like. If the rebels secured themselves in a part of the Islamic lands and appointed judges for them, who judge between people, and appointed rulers who rule the people by implementing the rules of Islam, the verdicts of their judges are executed like the rules of the people of justice (ahl al-’adl). The actions of their rulers are treated like the actions of the rulers of the people of justice, as long as they proceeded according to the Shar’ rules. When the Khalīfah overpowers them or they return to the State’s realm/domain (hadheera), all their rules are executed, since they are Islamic rules by rulers appointed based upon a doubt of rebellion. As long as the Qur’an considers them believers, and as long as it is not correct to deal with them except only with what is necessary to discipline them, all their actions are like the actions of any Muslim of those under obedience to the Khalīfah and under the State’s authority. Their fighting is a hadd like any of the hudud of Allah, such as the hadd of theft. This does not affect their consideration or the consideration of their rulers, as long as they are Muslims and implement Islam.
Posted on: Tue, 25 Nov 2014 23:56:17 +0000
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