Maryam Namazie / March for secularism

MARCH FOR SECULARISM: TELL THE PEOPLE HOW YOU WILL DEAL WITH THIS STATEMENT:

RELIANCE OF THE TRAVELLER:
A CLASSIC MANUAL OF ISLAMIC SACRED LAW
Ahmad ibn Naqib al-Misri

09.0 JIHAD
(0: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada, signifying warfare to establish the religion. And it is the lesser jihad. As for the greater jihad, it is spiritual warfare against the lower self (nafs), which is why the Prophet (Allah bless him and give him peace) said as he was
returning from jihad,

“We have returned from the lesser jihad to the greater jihad.”

The scriptural basis for jihad, prior to scholarly consensus (def: b7) is such Koranic
verses as:

(1) “Fighting is prescribed for you” (Koran 2:216);
(2) “Slay them wherever you find them” (Koran 4:89);
(3) “Fight the idolators utterly” (Koran 9:36);

and such hadiths as the one related by Bukhari and Muslim that the Prophet (Allah bless him and give him peace) said:

“I have been commanded to fight people until they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, and perform the prayer, and pay zakat. If they say it, they have saved their blood and possessions from me, except for the rights ofIslam over them. And their final reckoning is with Allah”;

and the hadith reported by Muslim,

“To go forth in the morning or evening to fight in the path of Allah is better than the whole world and everything in it.”

Details concerning jihad are found in the accounts of the military expeditions of the
Prophet (Allah bless him and give him peace), including his own martial forays and those on which he dispatched others. The former consist of the ones he personally attended, some twenty-seven (others say twenty-nine) of them. He fought in eight of them, and killed only one person with his noble hand, Ubayy ibn Khalaf, at the battle of
UhuJ. On the latter expeditions he sent others to fight. Himself remaining at Medina, and these were forty-seven in number.)

THE OBLIGATORY CHARACTER OF JIHAD

09.1 Jihad is a communal obligation (def: c3.2). When enough people perform it to successfully accomplish it, it is no longer obligatory upon others (0: the evidence for which is the Prophet’s saying (Allah bless him and give him peace), “He who provides the equipment for a soldier in jihad has himself performed jihad,”
and Allah Most High having said:

“Those of the believers who are unhurt but sit behind are not equal to those who fight in Allah’s path with their property and lives. Allah has preferred those who fight with their property and lives a whole degree above those who sit behind.
And to each. Allah has promised great good”
(Koran 4:95).

If none of those concerned perform jihad, and it does not happen at all, then everyone who is aware that it is obligatory is guilty of sin, if there was a possibility of having performed it. In the time of the Prophet (Allah bless him and give him peace) jihad was a communal obligation after his emigration (hijra) to Medina. As for subsequent
times, there are two possible states in respect to non-Muslims.
The first is when they are in their own countries, in which case jihad (def: 09.8) is a communal obligation, and this is what our author is speaking of when he says, “Jihad is a communal obligation,” meaning upon the Muslims each year.

The second state is when non-Muslims invade a Muslim country or near to one, in which case jihad is personally obligatory (def: c3.2) upon the inhabitants of that country, who must repel the non-Muslims with whatever they can).

09.2 jihad is personally obligatory upon all ‘those present in the battle lines (A: and to flee is an enormity (dis: pH)) (0: provided one is able to fight. If unable, because of illness or the death of one’s mount when not able to fight on foot, or because one no longer has a weapon, then one may leave. One may also leave if the opposing non-Muslim army is more than twice the size of the Muslim force).

09.3 Jihad is also (0: personally) obligatory for everyone (0: able to perform it, male or female, old or young) when the enemy has surrounded the Muslims (0: on every side, having entered our territory, even if the land consists of ruins, wilderness, or mountains, for non-Muslim forces entering Muslim lands is a weighty matter that cannot be ignored, but must be met with effort and struggle to repel them by every possible means.
All of which is if conditions permit gathering (A: the above-mentioned) people, provisioning them, and readying them for war. If conditions do not permit this, as when the enemy has overrun the Muslims such that they are unable to provision or prepare themselves for war, then whoever is found by a non-Muslim and knows he will be killed if captured is obliged to defend himself in whatever way possible. But if not certain that he will be killed, meaning that he might or might not be, as when he might merely be taken captive, and he knows he will be killed ifhe does not surrender, then he may either surrender or fight. A woman too has a choice between fighting or surrendering if she is certain that she will not be subjected to indecent act if captured. If uncertain that she will
be safe from such an act, she is obliged to fight, and surrender is not permissible).

WHO IS OBLIGED TO FIGHT IN JIHAD
09.4 Those ealled upon (0: to perform jihad when it is a communal obligation) are every able bodied man who has reached puberty and is sane.

09.5 The following may not fight in jihad:
(1) Someone in debt, unless his creditor gives him leave:
(2) or someone with at least one Muslim parent. until they give their permission;
unless the Muslims are surrounded by the enemy, in which case it is permissible for them to fight without permission.

09.6 It is offensive to conduet a military expedition against hostile non-Muslims without the caliph’s permission (A: though if there is no caliph (def: 025), no permission is required).

09.7 Muslims may not seek help from non Muslim allies unless the Muslims are considerably outnumbered and the allies are of goodwill towards the Muslims.

THE OBJECTIVES OF JIHAD

o9.R Thc caliph (025) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non Muslim poll tax (jizya, def: 01 L4)-which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (0: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (0: in accordance with the word of Allah Most High,
“Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled” (Koran 9:29), the time and place for which is before the final descent of Jesus (upon whom be peace). After his final coming, nothing but Islam will be accepted from them. for taking the poll tax is only effective until Jesus’ descent (upon him and our Prophet be peace), which is the divinely revealed law of Muhammad, The coming of Jesus does not entail a separate divinely revealed law, for he will rule by the law of Muhammad, As for the Prophet’s saying (Allah bless him and give him peace),

“I am the last, there will be no prophet after me,” this does not contradict the final coming of Jesus (upon whom be peace), since he will not rule according to the Evangel, but as a follower of our Prophet (Allah bless him and give him peace)).

09.9 The caliph fights all other peoples until they become Muslim (0: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (iizya») (n: though according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sale exceptions to
which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi’ (y21). 6.48–49)).
THE RULES OF WARFARE

09 .10 It is not permissible (A: in Jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims, or if killing them will help defeat the enemy. It is permissible to kill old men (0: old man (shaykh) meaning someone more than forty
years of age) and monks.

o9.11 It is unlawful to kill a non-Muslim to whom a Muslim has given his guarantee of protection (0: whether the non-Muslim is one or more than one, provided the number is limited, and the Muslim’s protecting them does not harm the Muslims, as when they are spies) provided the protecting Muslim has reached puberty, is sane, and does
so voluntarily (0: and is not a prisoner of them or a spy).

09.12 Whoever enters Islam before being captured may not be killed or his property confiscated, or his young children taken captive.

09.13 When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.

09.14 When an adult male is taken captive, the caliph (def: 025) considers the interests (0: of Islam and the Muslims) and decides between the prisoner’s death, slavery, release without paying anything, or ransoming himself in exchange for money or for a Muslim captive held by the enemy. If the prisoner becomes a Muslim (0: before the caliph chooses any of the four alternatives) then he may not be killed, and one of the other
three alternatives is chosen.

09.15 It is permissible in jihad to cut down the enemy’s trees and destroy their dwellings.

TRUCES

09.16 (0: As for truces, the author does not mention them. In Sacred Law truce means a peace treaty with those hostile to Islam, involving a cessation of fighting for a specified period, whether for payment or something else. The scriptural basis for them includes such Koranic verses as:

(1) “An acquittal from Allah and His messenger…” (Koran 9:1);
(2) “If they incline towards peace, then incline towards it also” (Koran 8:61);

as well as the truce which the Prophet (Allah bless him and give him peace) made with Quraysh in the year of Hudaybiya, as related by Bukhari and Muslim.

Truces are permissible, not obligatory. The only one who may effect a truce is the Muslim ruler of a region (or his representative) with a segment of the non-Muslims of the region, or the caliph (025) (or his representative). When made with other than a portion of the non-Muslims, or when made with all of them, or with all in a particular region such as India or Asia Minor, then only the caliph (or his representative) may effect it, for it is a matter of the gravest consequence because it entails the nonperformance of jihad, whether globally or in a given locality, and our interests must be looked after therein, which is
why it is best left to the caliph under any circumstances, or to someone he delegates to see to the interests of the various regions.
There must be some interest served in making a truce other than mere preservation of the
status quo. Allah Most High says,

“So do not be fainthearted and call for peace, when it is you who are the uppermost” (Koran 47:35).

Interests that justify making a truce are such things as Muslim weakness because of lack of numbers or materiel, or the hope of an enemy becoming Muslim, for the Prophet (Allah bless him and give him peace) made a truce in the year Mecca was liberated with Safwan ibn Umayya for four months in hope that he would become Muslim, and he entered Islam before its time was up.
If the Muslims are weak, a truce may be made for ten years if necessary, for the Prophet (Allah bless him and give him peace) made a truce with Quraysh for that long, as is related by Abu Dawud. It is not permissible to stipulate longer than that, save by means of new truces, each of which does not exceed ten years.
The rulings of such a truce are inferable from those of the non-Muslim poll tax (def: 011); namely, that when a valid truce has been effected, no harm may be done to non-Muslims until it expires.)

010.0 .THE SPOILS OF BATTLE

010.1 A free male Muslim who has reached puberty and is sane is entitled to the spoils of battle when he has participated in a battle to the end of it.
After personal booty (def: 010.2), the collective spoils of the battle are divided into five parts.
The first fifth is set aside (dis: 010.3), and the remaining four are distributed, one share to each infantryman and three shares to each cavalryman.
From these latter four fifths also, a token payment is given at the leader’s discretion to women, children, and non-Muslim participants on the Muslim side.
A combatant only takes possession of his share of the spoils at the official division. (A: Or he may choose to waive his right to it.)

010.2 As for personal booty, anyone who. despite resistance, kills one of the enemy or effectively incapacitates him, risking his own life thereby, is entitled to whatever he can take from the enemy, meaning as much as he can take away with him in the battle, such as a mount, clothes, weaponry, money, or other.

010.3 As for the first fifth that is taken from the spoils, it is divided in turn into five parts, a share each going to:

(1) the Prophet (Allah bless him and give him peace), and after his death, to such Islamic
interests as fortifying defenses on the frontiers, salaries for Islamic judges. muezzins, and the like;
(2) relatives of the Prophet (Allah bless him and give him peace) of the Bani Hashim and Bani Muttalib clans, each male receiving the share of two females;
(3) orphans who arc poor;
(4) those short of money (def: h8.11);
(5) and travellers needing money (h8.18)

011.0 NON•MUSLIM SUBJECTS OF THE ISLAMIC STATE (AHL AL-DHIMMA)

011.1 A formal agreement of protection is made with citizens who are:

(1) Jews;
(2) Christians;
(3) Zoroastrians;
(4) Samarians and Sabians, if their religions do not respectively contradict the fundamental bases of Judaism and Christianity;
(5) and those who adhere to the religion of Abraham or one of the other prophets (upon whom be blessings and peace).

011.2 Such an agreement may not be effected with those who are idol worshippers (dis: o9.9(n:», or those who do not have a Sacred Book or something that could have been a Book. (A: Something that could have been a Book refers to those like the Zoroastrians, who have remnants resembling an ancient Book. As for the psuedoscriptures of cults that have appeared since Islam (n: such as the Sikhs, Baha’is, Mormons, Qadianis, etc.), they neither are nor could be a Book, since the Koran is the final revelation (dis: w4).)

011.3 Such an agreement is only valid when the subject peoples:

(a) follow the rules ofIslam (A: those mentioned below (011.5) and those involving public behavior and dress, though in acts of worship and their private lives, the subject communities have their own laws, judges, and courts, enforcing the rules of their own religion among themselves);
(b) and pay the non-Muslim poll tax Gizya

THE NON-MUSLIM POLL TAX

011.4 The minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon.
It is collected with leniency and politeness, as are all debts, and is not levied on women, children, or the insane.

011.5 Such non-Muslim subjects are obliged to comply with Islamic rules that pertain to the safety and indemnity oflife, reputation, and property. In addition, they:
(1) are penalized for committing adultery or theft, though not for drunkenness;
(2) are distinguished from Muslims in dress, wearing a wide cloth belt (zunna:r);
(3) are not greeted with “as-Salamu ‘alaykum” ;
(4) must keep to the side of the street;
(5) may not build higher than or as high as the Muslims’ buildings, though if they acquire a
tall house, it is not razed;
(6) are forbidden to openly display wine or pork, (A: to ring church bells or display crosses,) recite the Torah or Evangel aloud, or make public display of their funerals and feastdays;
(7) and are forbidden to build new churches.

011.6 They are forbidden to reside in the Hijaz, meaning the area and towns around Mecca, Medina, and Yamama, for more than three days (when the caliph allows them to enter there for something they need).

011.7 A non-Muslim may not enter the Meccan Sacred Precinct (Haram) under any circumstances, or enter any other mosque without permission (A: nor may Muslims enter churches without their permission).

011.8 It is, ohligatory for the caliph (def: 025) to protect those of them who are in Muslim lands just as he would Muslims, and to seek the release of those of them who are captured.

011.9 If non-Muslim subjects of the Islamic state refuse to conform to the rules of Islam. or to pay the non-Muslim poll tax, then their agreement with the state has been violated (dis: 0 I l.1 I) (A: though if only one of them disobeys, it concerns him alone).

011. IO The agreement is also violated (A: with respect to the offender alone) if the state has stipulated that any of the following things break it, and one of the subjects does so anyway, though if the state has not stipulated that these break the agreement,
then they do not; namely, if one of the subject people:
(1) commits adultery with a Muslim woman or marries her:
(2) conceals spies of hostile forces;
(3) leads a Muslim away from Islam;
(4) kills a Muslim;
(5) or mentions something impermissible about Allah, the Prophet (Allah bless him and
give him peace), or Islam.

011.11 When a subject’s agreement with the state has been violated, the caliph chooses between the four alternatives mentioned above in connection with prisoners of war (09.14).

1 Comment

Larry Silverstein says:

September 13, 2013 at 12:21 am

MARCH FOR SECULARISM: TELL THE PEOPLE HOW YOU WILL DEAL WITH THIS STATEMENT:

RELIANCE OF THE TRAVELLER:
A CLASSIC MANUAL OF ISLAMIC SACRED LAW
Ahmad ibn Naqib al-Misri

09.0 JIHAD
(0: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada, signifying warfare to establish the religion. And it is the lesser jihad. As for the greater jihad, it is spiritual warfare against the lower self (nafs), which is why the Prophet (Allah bless him and give him peace) said as he was
returning from jihad,

“We have returned from the lesser jihad to the greater jihad.”

The scriptural basis for jihad, prior to scholarly consensus (def: b7) is such Koranic
verses as:

(1) “Fighting is prescribed for you” (Koran 2:216);
(2) “Slay them wherever you find them” (Koran 4:89);
(3) “Fight the idolators utterly” (Koran 9:36);

and such hadiths as the one related by Bukhari and Muslim that the Prophet (Allah bless him and give him peace) said:

“I have been commanded to fight people until they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, and perform the prayer, and pay zakat. If they say it, they have saved their blood and possessions from me, except for the rights ofIslam over them. And their final reckoning is with Allah”;

and the hadith reported by Muslim,

“To go forth in the morning or evening to fight in the path of Allah is better than the whole world and everything in it.”

Details concerning jihad are found in the accounts of the military expeditions of the
Prophet (Allah bless him and give him peace), including his own martial forays and those on which he dispatched others. The former consist of the ones he personally attended, some twenty-seven (others say twenty-nine) of them. He fought in eight of them, and killed only one person with his noble hand, Ubayy ibn Khalaf, at the battle of
UhuJ. On the latter expeditions he sent others to fight. Himself remaining at Medina, and these were forty-seven in number.)

THE OBLIGATORY CHARACTER OF JIHAD

09.1 Jihad is a communal obligation (def: c3.2). When enough people perform it to successfully accomplish it, it is no longer obligatory upon others (0: the evidence for which is the Prophet’s saying (Allah bless him and give him peace), “He who provides the equipment for a soldier in jihad has himself performed jihad,”
and Allah Most High having said:

“Those of the believers who are unhurt but sit behind are not equal to those who fight in Allah’s path with their property and lives. Allah has preferred those who fight with their property and lives a whole degree above those who sit behind.
And to each. Allah has promised great good”
(Koran 4:95).

If none of those concerned perform jihad, and it does not happen at all, then everyone who is aware that it is obligatory is guilty of sin, if there was a possibility of having performed it. In the time of the Prophet (Allah bless him and give him peace) jihad was a communal obligation after his emigration (hijra) to Medina. As for subsequent
times, there are two possible states in respect to non-Muslims.
The first is when they are in their own countries, in which case jihad (def: 09.8) is a communal obligation, and this is what our author is speaking of when he says, “Jihad is a communal obligation,” meaning upon the Muslims each year.

The second state is when non-Muslims invade a Muslim country or near to one, in which case jihad is personally obligatory (def: c3.2) upon the inhabitants of that country, who must repel the non-Muslims with whatever they can).

09.2 jihad is personally obligatory upon all ‘those present in the battle lines (A: and to flee is an enormity (dis: pH)) (0: provided one is able to fight. If unable, because of illness or the death of one’s mount when not able to fight on foot, or because one no longer has a weapon, then one may leave. One may also leave if the opposing non-Muslim army is more than twice the size of the Muslim force).

09.3 Jihad is also (0: personally) obligatory for everyone (0: able to perform it, male or female, old or young) when the enemy has surrounded the Muslims (0: on every side, having entered our territory, even if the land consists of ruins, wilderness, or mountains, for non-Muslim forces entering Muslim lands is a weighty matter that cannot be ignored, but must be met with effort and struggle to repel them by every possible means.
All of which is if conditions permit gathering (A: the above-mentioned) people, provisioning them, and readying them for war. If conditions do not permit this, as when the enemy has overrun the Muslims such that they are unable to provision or prepare themselves for war, then whoever is found by a non-Muslim and knows he will be killed if captured is obliged to defend himself in whatever way possible. But if not certain that he will be killed, meaning that he might or might not be, as when he might merely be taken captive, and he knows he will be killed ifhe does not surrender, then he may either surrender or fight. A woman too has a choice between fighting or surrendering if she is certain that she will not be subjected to indecent act if captured. If uncertain that she will
be safe from such an act, she is obliged to fight, and surrender is not permissible).

WHO IS OBLIGED TO FIGHT IN JIHAD
09.4 Those ealled upon (0: to perform jihad when it is a communal obligation) are every able bodied man who has reached puberty and is sane.

09.5 The following may not fight in jihad:
(1) Someone in debt, unless his creditor gives him leave:
(2) or someone with at least one Muslim parent. until they give their permission;
unless the Muslims are surrounded by the enemy, in which case it is permissible for them to fight without permission.

09.6 It is offensive to conduet a military expedition against hostile non-Muslims without the caliph’s permission (A: though if there is no caliph (def: 025), no permission is required).

09.7 Muslims may not seek help from non Muslim allies unless the Muslims are considerably outnumbered and the allies are of goodwill towards the Muslims.

THE OBJECTIVES OF JIHAD

o9.R Thc caliph (025) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non Muslim poll tax (jizya, def: 01 L4)-which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (0: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (0: in accordance with the word of Allah Most High,
“Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled” (Koran 9:29), the time and place for which is before the final descent of Jesus (upon whom be peace). After his final coming, nothing but Islam will be accepted from them. for taking the poll tax is only effective until Jesus’ descent (upon him and our Prophet be peace), which is the divinely revealed law of Muhammad, The coming of Jesus does not entail a separate divinely revealed law, for he will rule by the law of Muhammad, As for the Prophet’s saying (Allah bless him and give him peace),

“I am the last, there will be no prophet after me,” this does not contradict the final coming of Jesus (upon whom be peace), since he will not rule according to the Evangel, but as a follower of our Prophet (Allah bless him and give him peace)).

09.9 The caliph fights all other peoples until they become Muslim (0: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (iizya») (n: though according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sale exceptions to
which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi’ (y21). 6.48–49)).
THE RULES OF WARFARE

09 .10 It is not permissible (A: in Jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims, or if killing them will help defeat the enemy. It is permissible to kill old men (0: old man (shaykh) meaning someone more than forty
years of age) and monks.

o9.11 It is unlawful to kill a non-Muslim to whom a Muslim has given his guarantee of protection (0: whether the non-Muslim is one or more than one, provided the number is limited, and the Muslim’s protecting them does not harm the Muslims, as when they are spies) provided the protecting Muslim has reached puberty, is sane, and does
so voluntarily (0: and is not a prisoner of them or a spy).

09.12 Whoever enters Islam before being captured may not be killed or his property confiscated, or his young children taken captive.

09.13 When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.

09.14 When an adult male is taken captive, the caliph (def: 025) considers the interests (0: of Islam and the Muslims) and decides between the prisoner’s death, slavery, release without paying anything, or ransoming himself in exchange for money or for a Muslim captive held by the enemy. If the prisoner becomes a Muslim (0: before the caliph chooses any of the four alternatives) then he may not be killed, and one of the other
three alternatives is chosen.

09.15 It is permissible in jihad to cut down the enemy’s trees and destroy their dwellings.

TRUCES

09.16 (0: As for truces, the author does not mention them. In Sacred Law truce means a peace treaty with those hostile to Islam, involving a cessation of fighting for a specified period, whether for payment or something else. The scriptural basis for them includes such Koranic verses as:

(1) “An acquittal from Allah and His messenger…” (Koran 9:1);
(2) “If they incline towards peace, then incline towards it also” (Koran 8:61);

as well as the truce which the Prophet (Allah bless him and give him peace) made with Quraysh in the year of Hudaybiya, as related by Bukhari and Muslim.

Truces are permissible, not obligatory. The only one who may effect a truce is the Muslim ruler of a region (or his representative) with a segment of the non-Muslims of the region, or the caliph (025) (or his representative). When made with other than a portion of the non-Muslims, or when made with all of them, or with all in a particular region such as India or Asia Minor, then only the caliph (or his representative) may effect it, for it is a matter of the gravest consequence because it entails the nonperformance of jihad, whether globally or in a given locality, and our interests must be looked after therein, which is
why it is best left to the caliph under any circumstances, or to someone he delegates to see to the interests of the various regions.
There must be some interest served in making a truce other than mere preservation of the
status quo. Allah Most High says,

“So do not be fainthearted and call for peace, when it is you who are the uppermost” (Koran 47:35).

Interests that justify making a truce are such things as Muslim weakness because of lack of numbers or materiel, or the hope of an enemy becoming Muslim, for the Prophet (Allah bless him and give him peace) made a truce in the year Mecca was liberated with Safwan ibn Umayya for four months in hope that he would become Muslim, and he entered Islam before its time was up.
If the Muslims are weak, a truce may be made for ten years if necessary, for the Prophet (Allah bless him and give him peace) made a truce with Quraysh for that long, as is related by Abu Dawud. It is not permissible to stipulate longer than that, save by means of new truces, each of which does not exceed ten years.
The rulings of such a truce are inferable from those of the non-Muslim poll tax (def: 011); namely, that when a valid truce has been effected, no harm may be done to non-Muslims until it expires.)

010.0 .THE SPOILS OF BATTLE

010.1 A free male Muslim who has reached puberty and is sane is entitled to the spoils of battle when he has participated in a battle to the end of it.
After personal booty (def: 010.2), the collective spoils of the battle are divided into five parts.
The first fifth is set aside (dis: 010.3), and the remaining four are distributed, one share to each infantryman and three shares to each cavalryman.
From these latter four fifths also, a token payment is given at the leader’s discretion to women, children, and non-Muslim participants on the Muslim side.
A combatant only takes possession of his share of the spoils at the official division. (A: Or he may choose to waive his right to it.)

010.2 As for personal booty, anyone who. despite resistance, kills one of the enemy or effectively incapacitates him, risking his own life thereby, is entitled to whatever he can take from the enemy, meaning as much as he can take away with him in the battle, such as a mount, clothes, weaponry, money, or other.

010.3 As for the first fifth that is taken from the spoils, it is divided in turn into five parts, a share each going to:

(1) the Prophet (Allah bless him and give him peace), and after his death, to such Islamic
interests as fortifying defenses on the frontiers, salaries for Islamic judges. muezzins, and the like;
(2) relatives of the Prophet (Allah bless him and give him peace) of the Bani Hashim and Bani Muttalib clans, each male receiving the share of two females;
(3) orphans who arc poor;
(4) those short of money (def: h8.11);
(5) and travellers needing money (h8.18)

011.0 NON•MUSLIM SUBJECTS OF THE ISLAMIC STATE (AHL AL-DHIMMA)

011.1 A formal agreement of protection is made with citizens who are:

(1) Jews;
(2) Christians;
(3) Zoroastrians;
(4) Samarians and Sabians, if their religions do not respectively contradict the fundamental bases of Judaism and Christianity;
(5) and those who adhere to the religion of Abraham or one of the other prophets (upon whom be blessings and peace).

011.2 Such an agreement may not be effected with those who are idol worshippers (dis: o9.9(n:», or those who do not have a Sacred Book or something that could have been a Book. (A: Something that could have been a Book refers to those like the Zoroastrians, who have remnants resembling an ancient Book. As for the psuedoscriptures of cults that have appeared since Islam (n: such as the Sikhs, Baha’is, Mormons, Qadianis, etc.), they neither are nor could be a Book, since the Koran is the final revelation (dis: w4).)

011.3 Such an agreement is only valid when the subject peoples:

(a) follow the rules ofIslam (A: those mentioned below (011.5) and those involving public behavior and dress, though in acts of worship and their private lives, the subject communities have their own laws, judges, and courts, enforcing the rules of their own religion among themselves);
(b) and pay the non-Muslim poll tax Gizya

THE NON-MUSLIM POLL TAX

011.4 The minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon.
It is collected with leniency and politeness, as are all debts, and is not levied on women, children, or the insane.

011.5 Such non-Muslim subjects are obliged to comply with Islamic rules that pertain to the safety and indemnity oflife, reputation, and property. In addition, they:
(1) are penalized for committing adultery or theft, though not for drunkenness;
(2) are distinguished from Muslims in dress, wearing a wide cloth belt (zunna:r);
(3) are not greeted with “as-Salamu ‘alaykum” ;
(4) must keep to the side of the street;
(5) may not build higher than or as high as the Muslims’ buildings, though if they acquire a
tall house, it is not razed;
(6) are forbidden to openly display wine or pork, (A: to ring church bells or display crosses,) recite the Torah or Evangel aloud, or make public display of their funerals and feastdays;
(7) and are forbidden to build new churches.

011.6 They are forbidden to reside in the Hijaz, meaning the area and towns around Mecca, Medina, and Yamama, for more than three days (when the caliph allows them to enter there for something they need).

011.7 A non-Muslim may not enter the Meccan Sacred Precinct (Haram) under any circumstances, or enter any other mosque without permission (A: nor may Muslims enter churches without their permission).

011.8 It is, ohligatory for the caliph (def: 025) to protect those of them who are in Muslim lands just as he would Muslims, and to seek the release of those of them who are captured.

011.9 If non-Muslim subjects of the Islamic state refuse to conform to the rules of Islam. or to pay the non-Muslim poll tax, then their agreement with the state has been violated (dis: 0 I l.1 I) (A: though if only one of them disobeys, it concerns him alone).

011. IO The agreement is also violated (A: with respect to the offender alone) if the state has stipulated that any of the following things break it, and one of the subjects does so anyway, though if the state has not stipulated that these break the agreement,
then they do not; namely, if one of the subject people:
(1) commits adultery with a Muslim woman or marries her:
(2) conceals spies of hostile forces;
(3) leads a Muslim away from Islam;
(4) kills a Muslim;
(5) or mentions something impermissible about Allah, the Prophet (Allah bless him and
give him peace), or Islam.

011.11 When a subject’s agreement with the state has been violated, the caliph chooses between the four alternatives mentioned above in connection with prisoners of war (09.14).

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