If the Imam make peace with the aliens in return for property, there is no scruple; because since peace may be lawfully made without any such gratifi… - Burhan al-Din al-Murghinani

" "

If the Imam make peace with the aliens in return for property, there is no scruple; because since peace may be lawfully made without any such gratification it is also lawful in return for a gratification. This, however, is only where the Muslims stand in need of the property thus to be acquired; for if they be not in necessity, making peace for property is not lawful, since peace is a desertion of war both in appearance and in effect. It is to be observed that if the Imam receive this property by sending a messenger and making peace without the Muslim troops entering the enemy's territory, the object of disbursement of it is the same as that of jizyah or capitation-tax; that is, it is to be expended upon the warriors and not upon the poor. If, however, the property be taken after the Muslims have invaded the enemy in this case it is as plunder, one-fifth going to the Imam and the remainder to be divided among the troops, as the property has in fact been taken by force in this instance. It is incumbent on the Imam to keep peace with apostates, and not to make war upon them, in order that they may have time to consider their situation, since it is to be hoped that they may again return to the faith. It is, therefore, lawful to delay fighting with them in a hope that they may again embrace Islam; but it is not lawful to take property from them. If, however, the Imam should take property from them, it is not incumbent upon him to return it, as such property is not in protection. If infidels harass the Muslims, and offer them peace in return for property, the Imam must not accede thereto as this would be a degradation of the Muslim honour, and disgrace would be attached to all the parties concerned in it; this, therefore, is not lawful except where destruction is to be apprehended, in which case the purchasing a peace with property is lawful, because it is a duty to repel destruction in every possible mode.

English
Collect this quote

About Burhan al-Din al-Murghinani

Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī (Arabic: برهان الدين المرغيناني) was an Islamic scholar of the school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day ) He died in 593/1197.

Also Known As

Alternative Names: Ali ibn Abu Bakr al- Marghinani Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī[ ʻAlī ibn Abī Bakr al-Marghīnānī Abul Hasan Ali bin Abu Bakr bin Abdul Jalil Farghani Marghinani Rashtani
PREMIUM FEATURE
Advanced Search Filters

Filter search results by source, date, and more with our premium search tools.

Related quotes. More quotes will automatically load as you scroll down, or you can use the load more buttons.

Additional quotes by Burhan al-Din al-Murghinani

The following is the teaching of the Hanafi school of Sunnis on the subject of Jihad, as given in the Hidayah...:--
"The sacred injunction concerning war is sufficiently observed when it is carried on by any one party or tribe of Muslims, and it is then no longer of any force with respect to the rest. It is established as a divine ordinance, by the word of God, who said in the Qur’an, ‘Slay the infidels,’ and also by a saying of the Prophet, ‘War is permanently established until the Day of Judgment’ (meaning the ordinance respecting war). The observance, however, in the degree above mentioned, suffices, because war is not a positive injunction, as it is in its nature murderous and destructive, and is enjoined only for the purpose of advancing the true faith or repelling evil from the servants of God; and when this end is answered by any single tribe or party of Muslims making war, the obligation is no longer binding upon the rest, in the same manner as in the prayers for the dead-(if, however, no one Muslim were to make war, the whole of the Muslim, would incur the criminality of neglecting it) – and also because if the injunction were positive, the whole of the Muslims must consequently engage in war, in which case the materials for war (such as horses, armour, and so forth) could not be procured. Thus it appears that the observance of war as aforesaid suffices, except where there is a general summons (that is, where the infidels invade a Muslim territory, and the Imam for the time being issues a general proclamation requiring all persons to go forth to fight), for in this case war becomes a positive injunction with respect to the whole of the inhabitants, whether men or women, and whether the Imam be a just or an unjust person; and if the people of that territory be unable to repulse the infidels, then war becomes a positive injunction with respect to all in that neighbourhood; and if these also do not suffice it, then comes a positive injunction with respect to the next neighbours; and in same manner with respect to all the Muslims from east to west. The destruction of the sword is incurred by infidels, although they be not the first aggressors, as appears from various passages in the traditions which are generally received to this effect.

CAPITATION-TAX is not imposed upon Ráhibs, (that is, Christian or Pagan monks and hermits, who do not mix with the rest of mankind:)—the same is mentioned by Kadooree: Mohammed, in the Jama-Sagbeer, reports from Haneefa that capitation-tax may be imposed upon those, where they are capable of labour, (and such is the opinion of Aboo Yoofaf;) because where, being capable of labour, they refrain from it, they waste their ability; capitation-taxt, therefore, is due from the,m. in the same manner as tribute from the landholder, where he (being able) suffers his land to remain unfilled.—The reason for what is related by Kadoore is that a monk is not to be destroyed where he does does not mix with mankind; and capitation-tax, with respect to them, would be for the purpose of warding off destruction.

Enhance Your Quote Experience

Enjoy ad-free browsing, unlimited collections, and advanced search features with Premium.

Loading...