It's been over seven months, with 45,000+ civilians killed in P41estine the majority of whom are women and children. Similarly with Muslims worldwide (Burma, Kashmir, Uygurs in East Turkestan etc..), and the silence of "Muslim" rulers is deafening. The only solution is for Muslims to mobilize their armies and unite under a single umbrella of Khilafah, which is the promise of Allah SWT. If you are in a position of power, please raise your voice. If you can't do much, please consider donating to Palestine Red Crescent Society or any other charity organisations which you truly trust, JazakAllah khairan.

Constitution (191)

The Army is a unified entity which has specific bases. However, it is necessary that some of these bases are placed in different provinces and others in strategic locations. Some of the bases should be permanently mobile fighting forces. These bases are organised in numerous groups, with each group being given a number as a name, such as the first Army, the third Army, or they can be named after a province or district.

The Islamic Army is a single entity composed from several Armies, and each one is given a number: so it is said: the first Army, the third Army, or they are named according to the province or district, and it is said: the Army of Ash-Sham, the Army of Misr, and the Army of San’a’ for example.

The Islamic Army is placed in specific bases, and in each base there is a group of soldiers, either a single Army, or division, or numerous Armies. However, it is obligatory to place these bases in different provinces, and some of them in military bases, and some of them in permanently mobile bases to be strike forces. Each base is given a specific name, such as Al-Habanya Base, and each has a specific flag.

These arrangements, are either from permitted issues and ,therefore, left to the opinion of the Khalifah and his Ijtihad, such as naming every Army according to its province or district, or to assign a specific number for each of them, or they could be from the issues of

 )ما لا يتم الواجب إلا به ...(

“Whatever is required to complete an obligation” if they were necessary to protect the land, such as the arrangements of the Armies on the borders, and placing and putting the bases across various strategic locations to protect the land and so on.

Umar bin Al-Khattab (ra) used to divide the Army bases amongst the provinces, and so soldiers were assigned for Palestine and another for Moosel, and another in the centre of the State, and he used to have an Army with him prepared to fight upon the first indication.

The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff.

The Khalifah is the general leader for all of the Muslims in this world, in order to establish the rules of the Shari’ah and carry the Islam to the rest of the people. The main method to carry Islam to the rest of the world is Jihad, and so it is imperative that he undertakes Jihad, since the contract of the Khalifah is upon him personally, and ,therefore, it is not permitted for anyone else to undertake it. Accordingly, the management of the issue of Jihad is specific to the Khalifah and it is not permitted for anyone else to undertake it. Even though every Muslim undertakes Jihad, the undertaking of Jihad and the management of Jihad are two different things. Jihad is obligatory upon every Muslim, but the management of Jihad is for the Khalifah alone, and not anyone else. The Khalifah can appoint someone to carry out on his behalf what has been obligated upon him as long as he is under his observation and supervision, while it is not permitted to give him complete independence without his monitoring and supervision. The monitoring that the Khalifah undertakes here is not like the type of reporting that the assistant gives him; rather the one who he has delegated remains directly under his orders and direct supervision. The leadership of the Army can be given to whomever he pleases with the condition that they are under the control of the Khalifah and his direct supervision. It is not permitted for him to appoint someone without retaining direct supervision and control over him, which must not be simply symbolic. This is because the contract of the Khilafah is upon him personally and so it is obligatory for him to manage the affairs of Jihad. Accordingly, what is said in other non-Islamic systems that the Head of State is the Commander and Chief of the Army, and this leadership is symbolic while another independent commander is appointed to the Head of the Army, is considered invalid according to the Islamic viewpoint, and is something that the Shari’ah does not agree to. Rather, the Shari’ah obligates that the Khalifah should be the practical Commander of the Army.

As for non-leadership positions in the technical, administrative or other matters, the Khalifah may appoint others to act independently on his behalf in the same manner as the governors, and it is not necessary for them to be under his direct control or for him to supervise them. Additionally, the Messenger (pbuh) used to personally undertake the practical leadership of the Army and the leadership during the battles, and would appoint commanders over sections of the Army that would go out for battle expeditions without him. He (pbuh) used to appoint a commander for each expedition, and sometimes would take the precaution of appointing someone else to succeed them if they were killed, as happened with the battle of Mu’tah. Al-Bukhari reported from ’Abd Allah b. Umar (ra) who said:

 إِنْ  فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَةَ فَ قَالَ رَسُولُ اللَّهِ  أَمَّرَ رَسُولُ اللَّهِ « » قُتِلَ زَيْدٌ فَجَعْفَرٌ وَإِنْ قُتِلَ جَعْفَرٌ فَ عَبْدُ اللَّهِ بْنُ رَوَاحَة

“The Messenger of Allah (pbuh) appointed Zaid Bin Haritha a leader in Mu’tah expedition. He said: if Zaid is killed, then Ja’far Bin Abi Talib takes the flag, and if Ja’far is killed, then ’Abdullah Bin Rawahah takes it”. Therefore, the Khalifah is the one who appoints the commander of the Army, appoints the brigadiers and gives them the banners and appoints the leaders of the divisions. The Army which was sent to Al-Sham like the Army of Mu’tah and the Army of Usamah was a single brigade, with the evidence being that the Prophet (phuh) had tied the banner for Usamah. The expeditions that fought in the Arabian Peninsula and returned back to Madinah, such as the expedition of Sa’d Bin Waqqas which he sent towards Makkah, were all in the form of divisions. This indicates that the brigadiers and the commanders of the divisions are appointed by the Khalifah. It is not confirmed that the Prophet (phuh) appointed anyone other than leaders of the Armies and the commanders of the expeditions, which indicates that their appointment in the battlefield was left to their leaders.

With regards to the Chief of Staff who is responsible for the technical matters, he is similar to the Commander of the Army in terms of being appointed by the Head of State and he can be made independent and carry out his duties without being directly supervised by the Khalifah, although he has to be under his command.

The Army is given banners and flags and the Head of State (the Khalifah) gives the banners to whomever he appoints to lead the Army, whereas the flags are provided by the brigadiers.

1. Al-Liwa’ (banner) and Al-Rayah (flag) – from the linguistic angle, they both mean Al-’Alam (sign) as mentioned in the Al- Muhit dictionary. The Shari’ah gave each of them, in terms of usage, a Shari’ah meaning along the following manner:

The Banner is white: written upon it La Ilaha Illa Allah, Muhammad Rasul Allah in black, which is given to the Amir or leader of the Army. It is used to identify his position, and follows the position. The evidence for attaching the banner to the Amir of the Army:

 » دَخَلَ مَكَّةَ يَ وْمَ الْفَتْحِ وَلِوَاؤُهُ أَبْ يَضُ  أَنَّ النَّبِيَّ «

“The Prophet (phuh) entered Makkah on the Day of Conquest and his banner was white” reported by Ibn Maja from Jabir, and on that day the Messenger (pbuh) was the leader of the Army. In the same way, the Messenger of Allah (pbuh) used to attach the banners to the leaders of the armies that he sent out, as has been mentioned in “‘Uyun Al-Athar fi Funun Al-Maghazi Wal- Shama’il Wal-Siyar” by Imam Al-Hafiz Abi Al-Fateh who is known by the name Ibn Sayyid Al-Nas who died in 734 AH, where he stated “...on Monday, four days before Safr of the eleventh year of Hijrah, the Messenger of Allah (pbuh) ordered the people to prepare to fight against the Romans. When it was the next day, he called Usamah Bin Zayd, and said to him go to the place your father was killed, so prepare the horses and you are the Amir of the Army…and so when it was Wednesday the Messenger of Allah (pbuh) began to feel pain…then when it was Thursday he gave a white banner to Usamah, then he said go out on the expedition in the path of Allah, and fight those who disbelieved in Allah, and so he went out with the banner tied…”

The Flag is black: written upon it La Ilaha Illa Allah, Muhammad Rasul Allah in white, which is given to the heads of the divisions of the Army (brigade, unit, etc.). The evidence is that during Khaybar in his role as the leader of the Army, the Messenger (pbuh) said,

 لأُعْطِيَنَّ الرَّايَةَ، أَوْ لَيَأْخُذَنَّ الرَّايَةَ، غَدًا رَجُلاً يُحِبُّهُ اللَّهُ وَرَسُولُهُ، أَوْ قَالَ « يُحِبُّ اللَّهَ وَرَسُولَهُ، يَ فْتَحُ اللَّهُ عَلَيْهِ، فَإِذَا نَحْنُ بِعَلِيٍّ وَمَا نَ رْجُوهُ، فَ قَالُوا: هَذَا عَلِ ي، » الرَّايَةَ، فَ فَتَحَ اللَّهُ عَلَيْهِ  فَأَعْطَاهُ رَسُولُ اللَّهِ

“I will give the flag tomorrow, or tomorrow the flag will be taken by a man who is loved by Allah and His Prophet (phuh) , and (Khaibar) will be conquered through him, (with Allah's help)" While every one of us was hopeful to have the flag, it was said, "Here is `Ali" and the Prophet (phuh) gave him the flag and Khaibar was conquered through him (with Allah's Help)” (agreed upon from Salama b. Al-Akwa’). ’Ali (ra) at that time was considered as the head of a battalion or brigade of the Army. Similarly in the narration from Al-Harith Bin Hassan Al-Bakri,

 على المنبر، وبلال قائم بين يديه، متقلد  قدمنا المدينة فإذا رسول الله « وإذا رايات سود، فسألتُ : ما هذه الرايات؟ فقالوا: عمرو ، السيف بين يدي الرسول » بن العاص قدم من غزاة

“We came to Madinah and saw the Prophet (phuh) on the pulpit, with Bilal standing in front of him holding his sword, and there were black flags in front of the Messenger (pbuh) . I asked ‘What are these flags?’ They said Amr Bin Al-’Aas has just arrived from an expedition” reported by Ahmad in Al-Musnad and elsewhere, and in the report of Al-Tirmidhi from Al-Harith Bin Hassan Al-Bakri he said the wording,

قدمت المدينة فدخلت المسجد فإذا هو غاص بالناس وإذا رايات سود تخفق وإذا قلت ما شأن الناس؟ قالوا يريد أن يبعث  بلال متقلد السيف بين يدي رسول الله » فإذا رايات سود « عمرو بن العاص وجها. فمعنى

“I came to Madinah, entered the Mosque and found it crowded with people, and there were black flags fluttering, and Bilal was holding a sword in front of the Prophet (phuh) . I said ‘What is the matter?’ They said: ‘He wants to send Amr Bin Al-’Aas to somewhere’”. The meaning of “black flags” is that there were many flags with the Army, and when the Amir of the Army was one person – and that was Amr Bin Al-’Aas, this means that they must have been with the heads of the brigades and units.

This is how the banners were attached to the Amir of the Army, and the flags with the rest of the Army, its divisions, brigades and units. Accordingly, there is a single banner and many flags for each army.

Therefore, the banners are a sign for the Amir of the Army and no one else, and the flags are signs with the soldiers.

2. The banner is attached to the Amir of the Army, and it is a sign for his position; in other words, it stays with the position of the Amir. As for during the battle, the leader of the battle, irrespective of whether it was the Amir of the Army or another leader who was appointed by the Amir of the Army, is given the flag to carry it during the fighting on the battlefield, and for this reason, it is called Umm Al-Harb (the mother of the war) since it is carried by the leader of the battle in the battlefield.

For that reason for the duration for which the war takes place, each leader of a battle has a flag, and this is an issue known at that time, and the continuation of the flying of the flag is an evidence of the strength of the leader of the battle. It is part of the administrative organisation that is required according to the customs of war.

Lamenting the deaths of Zayd, Ja’far and Ibn Rawahah, the Messenger of Allah (pbuh) told the people before the soldiers delivered the news

 أَخَذَ الرَّايَةَ زَيْدٌ فَأُصِيبَ، ثُمَّ أَخَذَهَ ا جَعْفَرٌ فَأُصِيبَ، ثُمَّ أَخَذَهَا عَبْدُ اللَّهِ بْنُ « » رَوَاحَةَ فَأُصِيبَ

“Zayd took the flag and was martyred, so Ja’far took the flag and was martyred, and so ’Abdullah Bin Rawahah took the flag and was martyred” (reported by Al-Bukhari).

In the same manner, if the war is taking place and the leader of the Army in the battlefield is the Khalifah himself, then it is permitted for the banner to be raised in the battlefield and not simply the flag alone. It is reported in the Sirah of Ibn Hisham that in the major Badr battle, both the banner and the flag were present on the battlefield. It is reported in the Sirah “Ibn Ishaq said: and the banner was given to Mus’ab Bin ’Umayr Bin Hashim Bin ’Abd Manaf Bin ’Abd Al-Dar. Ibn Hisham said: and it was white…and Ibn Ishaq said: and there were two black flags in front of the Messenger of Allah (pbuh) : one with ’Ali Bin Abi Talib which was called Al-’Uqab, and the other with some of the Ansar”.

As for during times of peace, or at the end of the battle, then the flags are distributed in the Army with the divisions, brigades and units raising them…as is mentioned in the narration of Al-Harith Bin Hassan Al-Bakri regarding the Army of Amr Bin Al-’Aas.

The first banner to be tied in Islam was the banner of ’Abdullah Bin Jahsh, and a black flag with a white crescent was tied for Sa’d b. Malik. All of this indicates that it is imperative that the Army has flags and banners, and that the Khalifah is the one who assigns the banners to whomever he assigns over the Army. As for the flags, it is permitted for the Khalifah or the brigadiers to present them. The narration of Umm Salamah that the Messenger of Allah (pbuh) said

 لأُعْطِيَنَّ الرَّايَةَ غَداً رَجُلاً يُحِبُّ اللَّهَ وَرَسُولَهُ، وَيُحِبُّهُ اللَّهُ وَرَسُولُه ...، فَأَعْطَاهَا « » عَلِيّ اً

“I will give the flag to a man who loves Allah and His Messenger, and Allah and His Messenger love him ... He gave it ’Ali” shows the permissibility of the Khalifah doing so. The permissibility of the brigadiers presenting the flags to others can be understood from the narration of Al-Harith Bin Al-Hassan Al-Bakri which mentioned

 "وإذا راياتٌ سود"

“there were black flags”, since its meaning is that there were many flags with the Army while they had a single leader, which was Amr Bin Al-’Aas. Irrespective of whether they were returning from or leaving for an expedition, this means that flags were with the heads of the brigades, and there is nothing to indicate that it was the Messenger (pbuh) who appointed the flags to them. However, it is permitted for the Khalifah to give the brigadiers the power to give the flags to the brigade heads, and this is more appropriate for discipline, even though all of this falls under what is permitted, or in other words, Mubah.

The Army has two sections: the reserve section, which is all those Muslims who are capable of carrying arms, and the section of regular soldiers, who get salaries from the State budget in the same manner as the civil servants.

Its evidence is the evidence of the obligation of Jihad, since every Muslim is obligated with Jihad and its training and accordingly all of the Muslims are a reserve army since Jihad is obligatory upon them. As for making a section of them to be full-time regular soldiers, its evidence is the rule

 )ما لا يتم الواجب إلا به فهو واجب(

“That, without which the obligation cannot be accomplished, is itself an obligation”,

since the carrying out of Jihad consistently, along with the defence of the Islamic lands and protecting the honour of the Muslims from the disbelievers cannot be done except with a permanent army. Therefore, it is obligatory upon the leader to establish a permanent army.

As for setting a salary for those soldiers in the same manner as the civil servants, with respect to the non-Muslims, this is clear since they are not required to fight against disbelievers, but if they undertake Jihad, it is accepted from them, at which time it is permitted to give them money as well as to give them a share from the portion of booty which is intended to bring the hearts closer to Islam – due to what is narrated by Al-Zuhri

 » أَسْهَمَ لِقَوْمٍ مِنْ الْيَ هُودِ قَاتَ لُوا مَعَه  أَنَّ النَّبِيَّ «

“That the Messenger of Allah (pbuh) gave a portion to some people among the Jews who fought along with him” (reported by Al-Tirmidhi and it is from the Maraseel of Al-Zuhri, and Ibn Qudamah used it as an evidence in Al-Mugni). Also, it is narrated that

 ي وَْمَ حُنَ يْنٍ وَهُوَ عَلَى شِرْكِهِ، فَأَسْهَمَ  أَنَّ صَفْوَانَ بْنَ أُمَيَّةَ خَرَجَ مَعَ النَّبِيِّ « » لَهُ، وَأَعْطَاهُ مِنَ الغَنَائِمِ مَعَ المُؤَلَّفَةِ قُ لُوب هُُمْ

“Safwan b. Umayya accompanied the Prophet (phuh) on the day of Hunayn and he was a disbeliever. He was given a share of the spoils, which was part of the portion given to those hearts it was intended to win.”, as mentioned by Ibn Qudama in Al- Mughni and Ibn Hisham in his Sirah.

Al-Bukhari reported from Abu Hurayrah that the Messenger of Allah (pbuh) said

 يَا بِلَالُ قُمْ فَأَذِّنْ لَا يَدْخُلُ الْجَنَّةَ إِلَّا مُؤْمِنٌ وَإِنَّ اللَّهَ لَيُ ؤَيِّدُ هَذَا الدِّينَ بِالرَّجُلِ « » الْفَاجِرِ

“O Bilal, Stand up and announce in public: none will enter Paradise but a believer, and Allah may support this religion (Deen) with a wicked man”. And Ibn Hisham mentioned in his Sirah that Quzman, who was an idol worshipper, accompanied the companions of the Messenger of Allah (pbuh) on the day of Uhud, and he killed seven or eight of the idol worshippers, and so the Messenger (pbuh) said

 » إِنَّ اللَّهَ لَيُ ؤَيِّدُ هَذَا الدِّينَ بِالرَّجُلِ الفَاجِرِ «

“Truly Allah supports this religion ( Deen) with a wicked man”. Al-Shawkani mentioned this in his book Al-Darari Al- Mode’a and Nayl Al-Awtar and it is confirmed by those who wrote the life of the Prophet (phuh) .

All of these evidences indicate the permissibility for a disbeliever to be part of the Islamic Army and to give him money due to his presence there. Additionally, the definition of employment is a contract upon a service for recompense, which indicates that employment is permitted upon every service that the employer could use from an employee, and so it includes employing someone to be in the Army, and for partaking in fighting, since it is a service. Accordingly, the generality of the evidence for employment upon any service is an evidence for the permissibility of employing a disbeliever to be in the Army and partake in fighting. However, it must be under the flag of the Muslims and not a flag of disbelief as is clarified in the reality of the evidences mentioned, since the disbelievers who fought with the Muslims did so under the flag of the Muslims and not under the flag of disbelief; in other words, they fought as soldiers as part of the Muslims’ Army. Built upon this, it is permitted for the people of Dhimmah to fight in the Army of the Muslims for a wage, which can occur if the Khalifah considers that their fighting as soldiers in the Army of the Muslims bring a benefit to the Muslims and there is no harm as a result, in which case, it is permitted to accept them in the Army of the Muslims and to pay them. In other words, this is made permitted for them. However, if there was harm from their entering the Islamic Army, then this permitted issue from amongst the permitted issues would be forbidden due to the harm, in accordance with the rule regarding harm as is mentioned in its section in Usul.

This is with regards to the non-Muslim. With respect to the Muslim, even though Jihad is an act of worship, it is permitted to employ a Muslim for the military and fighting, due to the generality of the evidence for employment. Also, employment upon the undertaking of an act of worship whose benefit is not limited to the one who did the act is permissible, due to the words of the Prophet (phuh)

» إِنَّ أَحَقَّ مَا أَخَذْتُمْ عَلَيْهِ أَجْرًا كِتَابُ اللَّهِ «

“You are most entitled to take wages for the teaching of the Book of Allah.”(reported by Al-Bukhari from Ibn ’Abbas). Teaching the Quran is an act of worship, so in the same manner that it is permitted to employ a Muslim in order to teach the Quran, or to lead the prayer, or to make the call to prayer, which are all acts of worship, it is likewise permitted to employ someone for the sake of Jihad and to be in the Army. Moreover, there is evidence on the hiring of Muslims for Jihad even though it is a duty upon them. Ahmad and Abu Dawud narrated that ’Abdullah Bin Umar (ra) said that the Prophet (phuh) said

» لِلْغَازِي أَجْرُهُ وَلِلْجَاعِلِ أَجْرُهُ وَأَجْرُ الْغَازِي «

“The warrior (Al-Ghazi) has his reward and one who equips him (Al-Ja’il) has his reward and that of the warrior”. Al-Ghazi is the one who personally goes out to battle, while the Ja’il is the one who fights on someone else’s behalf for a wage. It is written the Al-Muhit dictionary “Al-Ji’ala…is the amount given to someone doing an action…and what is assigned to a Ghazi if he fights on your behalf for a wage.” Ajr is used to mean both wage and reward. As for what is well known among people that Ajr always means the reward which comes from Allah (swt) to His servant for doing a good deed and that Ijarah is the reward for an action from one person to another which includes employment – in actual fact, there is no support for this differentiation. Rather what the language stated is that the Ajr is the reward for an action. It is mentioned in the Al-Muhit dictionary that Ajr is the reward for the action, like the Ijara. The meaning of the narration is that Ghazi has his reward while the Ja’il has his wage, since the word can have many meanings, and the indication in the narration would specify the intended one. In this case, the word Ghazi indicates that what is meant by Ajr is reward from Allah (swt), and the word Al-Ja’il indicates that Ajr means wage, because each of them is an indication that specified the intended meaning. Al- Bayhaqi narrated on the authority of Jubayr b. Nufayr who said:

مَثَلُ الَّذِينَ يَ غْزُونَ مِنْ أُمَّتِي، وَيَأْخُذُونَ ال جُ عَ لَ، وَيَ تَ قَوَّوْنَ عَلَى عَدُوِّهِمْ، مَثَلُ « » أُمِّ مُوسَى، تُ رْضِعُ وَلَدَهَا، وَتَأْخُذُ أَجْرَهَا

“The Messenger (pbuh) said, “Those of my nation (Ummah) who fight and take wages to strengthen themselves against their enemy are like the mother of Moses who breastfeeds her son and takes her payment.” and similar is reported by Said Bin Mansur, and the meaning of the word Ajr here is wage. Therefore, the Army has salaries in the same manner as the civil servants.

Jihad is obligatory upon the Muslims and military training is compulsory. Every male Muslim who has reached the age of 15 is obligated to undertake military training in order to prepare him for Jihad. Recruitment is an obligation of sufficiency.

The evidence for the article is from the Book and the Sunnah; Allah (swt) says

“Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah.” (TMQ 2:193), and He (swt) said

“Fight the leaders of disbelief.” (TMQ 9:12), and it is narrated from Anas that the Messenger of Allah (pbuh) said

 » جَاهِدُوا الْمُشْرِكِينَ بِأَمْوَالِكُمْ وَأَيْدِيكُمْ وَأَلْسِنَتِكُمْ «

“Fight the polytheists ( idol worshippers) with your wealth, hands and tongues” (reported by Ahmad and Al- Nasa’i with the wording from Al-Nasa’i, and both Al- Nasa’i and Al- Hakim authenticated it and Al-Dhahabi confirmed it). And Mu’adh b. Jabal said that the Prophet (phuh) said

 » ذُرْوَةُ سَنَامِ الإِسْلاَمِ الْجِهَادُ فِي سَبِيلِ اللَّهِ «

“The peak of Islam is Jihad in the cause of Allah” (reported by Ahmad).

When modern warfare requires military training in order to undertake what is required by the Shari’ah in terms of defeating the enemy and liberating lands, then this training would be obligatory in the same manner that Jihad is, in accordance with the Shari’ah principle

 )ما لا يتم الواجب إلا به فهو واجب(

“That, without which the obligation cannot be accomplished, is itself an obligation”. This is because the order to fight encompasses training, since it is a general order

 “and fight them”, which is an order to fight as well as an order to do whatever makes you capable of fighting. Above and beyond that, Allah (swt) said

“And prepare against them whatever you are able of power.” (TMQ 8:60), and training and expert military experience is preparation of power, since they are required in order to become capable of fighting. Accordingly, training is part of the power that must be prepared in the same way as military equipment, supplies and so on.

As for recruitment, in other words, to make people soldiers in the Army under military preparedness on a permanent basis, which means the creation of Mujahidin who practically undertake the Jihad and its requirements, then this is an obligation since undertaking the Jihad is a constant obligation which continues irrespective of whether the enemy attacks us or not. Accordingly, recruitment is an obligation of sufficiency.

As for Jihad being an obligation upon the Muslims and not upon the rest of the subjects of the State – this is because the type of Jihad which has been made obligatory in the verses regarding Jihad is the fighting against the disbelievers, and this does not come from the disbelievers, and so ,therefore, according to this meaning the Jihad cannot be obligatory upon the non- Muslims. However, it is permitted for the non-Muslim subjects of the State to fight the enemy alongside the Muslims, since Quzman who was an idol-worshipper went out and fought the idolworshippers alongside the companions of the Messenger of Allah (pbuh) on the day of Uhud and the Messenger of Allah (pbuh) did not forbid him doing so.

With respect to it being an obligation upon the men and not women – this is due to what is reported from Ahmad and Ibn Maja through 'Aisha (ra) who said: O Messenger of Allah (pbuh) , do women have to do Jihad? He said

» نَ عَمْ عَلَيْهِنَّ جِهَادٌ لاَ قِتَالَ فِيهِ: الْحَجُّ وَالْعُمْرَة «

“Yes, they have to take part in Jihad in which no fighting takes place: Hajj and ’Umra”.

And as for limiting it to those fifteen and above, this is due to the narration reported by Al-Bukhari from Nafi’ who said

 عَرَضَهُ يَ وْمَ  حَدَّثَنِي ابْنُ عُمَرَ رَضِيَ اللَّهُ عَنْ هُمَا أَنَّ رَسُولَ اللَّهِ « أُحُدٍ وَهُوَ ابْنُ أَرْبَعَ عَشْرَةَ سَنَةً فَ لَمْ يُجِزْنِي، ثُمَّ عَرَضَنِي يَ وْمَ الْخَنْدَقِ وَأَنَا ابْنُ » خَمْسَ عَشْرَةَ سَنَةً فَ أَجَازَنِي

“Ibn Umar told me that the Messenger of Allah (pbuh) called him to present himself in front of the Prophet (phuh) on the Day of Uhud, and he was fourteen at the time, and the Prophet (phuh) did not allow him to take part in that battle, and then on the Day of Al-Khandaq when he was fifteen, he gave him permission to take part”. Nafi’ said I met Umar b. ’Abd Al-Aziz when he was the Khalifah and mentioned this narration to him, so he said: This is the limit between the young and adult, and he wrote to his workers to make it obligatory upon anyone who reached the age of fifteen. In other words, he ordered to prepare provisions for them in the army office.

The War Department is in charge of all the affairs connected to the armed forces of the Army and police, and the treaties, tasks, military equipment and similar. They are also responsible for the military colleges, expeditions and everything that is necessary from the Islamic culture and the general culture necessary for the Army, as well as everything connected to war and its preparation, and the head of this department is called the Amir of Jihad

The war department is one of the State’s institutions, and its head is called the Amir of Jihad, rather than the manager of Jihad. This is because the Messenger (pbuh) used to call the leaders of the Army Umara’. Ibn Sa’d narrated that the Messenger of Allah (pbuh) said

 أَمِيرُ النَّاسِ زَيْدُ بن حَارِثَةَ، فَإِنْ قُتِلَ فَجَعْفَرُ بْنُ أَبِي طَالِبٍ، فَإِنْ قُتِلَ فَ عَبْدُ « » اللَّهِ بْنُ رَوَاحَةَ، فَإِنْ قُتِلَ فَ لْيَ رْتَضِ المُسْلِمُونَ بَ يْ نَ هُمْ رَجُلاً فَ يَجْعَلُوهُ عَلَيْهِمْ

“The leader (Amir) of the people is Zayd Ibn Haritha; if killed, then the Amir is Ja’far Ibn Abi Talib; and killed, the Amir is ’Abdullah Ibn Ruwahah; and if he was killed, let Muslims choose one man from among them and make him their Amir”. Al-Bukhari narrated that ’Abdullah Ibn Umar (ra) said:

 »... فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَة  أَمَّرَ رَسُولُ اللَّهِ «

“The Messenger of Allah (pbuh) appointed Zayd Ibn Haritha as Amir in the expedition of Mu’ta…” and Al-Bukhari narrated from Salamah b. Al-Akwa’:

» وَغَزَوْتُ مَعَ زَيْدٍ، وَكَانَ ي ؤَُمِّ رُهُ عَلَيْ نَا «

 “I went on an expedition with Zayd; he was appointed Amir over us”. Al-Bukhari and Muslim narrated that ’Abdullah Ibn Umar (ra) said:

 بَ عْثًا وَأَمَّرَ عَلَيْهِمْ أُسَامَةَ بْنَ زَيْدٍ، فَطَعَنَ بَ عْضُ النَّاسِ فِي  بَ عَثَ النَّبِيُّ « أَنْ تَطْعُنُوا فِي إِمَارَتِهِ فَ قَدْ كُنْتُمْ تَطْعُنُونَ فِي إِمَارَةِ أَبِيهِ مِنْ : إِمَارَتِهِ، فَ قَالَ النَّبِيُّ »... قَ بْلُ، وَايْمُ اللَّهِ إِنْ كَانَ لَخَلِيقًا لِلإِمَارَة

“The Prophet (phuh) sent an army detachment and made Usama bin Zaid its commander. Some people criticized (spoke badly of) Usama's leadership. So Allah's Prophet (phuh) got up and said, "If you people are criticizing Usama's leadership, you have already criticized the leadership of his father before. But Waaimullah (i.e., By Allah), he (i.e. Zaid) deserved leadership” The companions, may Allah be pleased with them, used to call the Army of Mu’tah the Army of Umara’. Muslim narrated from Buraydah who said:

»... إِذَا أَمَّرَ أَمِيرًا عَلَى جَيْشٍ أَوْ سَرِيَّةٍ أَوْصَاه  كَانَ رَسُولُ اللَّهِ «

“Whenever the Messenger of Allah (pbuh) appointed anyone as a leader of an army or detachement, he would especially exhort him”.

The war department takes charge of all the issues connected to the armed force as mentioned in the article. The task of sending spies against the belligerent disbelievers is also the role of the war department and a special section is created for this purpose. The evidences for this are well known from the life of the Messenger (pbuh) :

The evidences for preparation being the words of Allah (swt)

“And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged.” (TMQ 8:60).

And what was reported by Ibn Sa’d in Al-Tabaqat from Makhul

 نَصَبَ المِنْجَنِيقَ عَلَى أَهْلِ الطَّائِفِ أَرْبَعِينَ يَ وْم اً"  أَنَّ النَّبِيَّ «

“The Prophet (phuh) set up the ballista against the fortifications of Ta’if for forty days”. And Ibn Hisham mentioned in his Sirah

» أَوَّلُ مَنْ رَمَى فِي الإِسْلاَمِ بِالمِ نْجَنِيقِ  حَدَّثَنِي مَنْ أَثِقُ بِهِ أَنَّ رَسُولَ اللهِ «

“Someone I trust narrated to me that the Messenger of Allah (pbuh) was the first to use ballista in Islam”

The evidences for training: Muslim reported from ’Uqbah Bin Amir who said: I heard the Messenger of Allah (pbuh) say while on the pulpit

“And prepare against them whatever you are able of power” – Beware, strength consists in (reside or lie) archery, strength consists in iarchery, strength consists in archery”. Al- Bukhari reported from Salama Bin Al-Akwa’ who said ارْمُوا :

 عَلَى ن فََرٍ مِنْ أَسْلَمَ يَ نْتَضِلُونَ، فَ قَالَ رَسُولُ اللَّهِ  مَرَّ النَّبِيُّ « بَنِي إِسْمَاعِيلَ فَإِنَّ أَبَاكُمْ كَانَ رَامِيًا، ارْمُوا وَأَنَا مَعَ بَنِي فُلاَنٍ، قَالَ: فَأَمْسَكَ أَحَدُ مَا لَكُمْ لاَ تَ رْمُونَ ؟ فَ قَالُوا: يَا رَسُولَ اللَّهِ، : الْفَرِيقَيْنِ بِأَيْدِيهِمْ، فَ قَالَ رَسُولُ اللَّهِ » نَ رْمِي وَأَنْتَ مَعَهُمْ ؟ قَالَ: ارْمُوا وَأَنَا مَعَكُمْ كُلِّكُمْ

“Bani Isma`il ! Practice archery as your father Isma`il was a great archer. Keep on throwing arrows and I am with Bani so-and-so." So one of the parties ceased throwing. Allah's Prophet (phuh) said, "Why do you not throw?" They replied, "How should we throw while you are with them (i.e. on their side)?" On that the Prophet (phuh) said , "Throw, and I am with all of you” And Muslim reported that:

 أَنَّ فُ قَيْمًا اللَّخْمِيَّ قَالَ لِعُقْبَةَ بْنِ عَامِرٍ: تَخْتَل فُ بَ يْنَ هَذَيْنِ الْغَرَضَيْنِ وَأَنْتَ « لَمْ أُعَانِيهِ، قَالَ  كَبِيرٌ يَشُقُّ عَلَيْكَ، قَالَ عُقْبَةُ: لَوْلاَ كَلاَمٌ سَمِعْتُهُ مِنْ رَسُولِ اللَّهِ الْحَارِثُ: فَ قُلْتُ لاِبْنِ شَمَاسَةَ: وَمَا ذَاكَ ؟ قَالَ: إِنَّهُ قَالَ: مَنْ عَلِمَ الرَّمْيَ ثُمَّ تَ رَكَهُ فَ لَيْسَ » مِنَّا، أَوْ قَدْ عَصَى

“Fuqaim Al- Lakhmi said to Uqba b. Amir: You frequent between these two targets and you are an old man, so you will be finding it very hard. 'Uqba said: But for a thing I heard from the Holy Prophet (phuh) (may peace be upon him), I would not strain myself. Harith (one of the narrators in the chain of transmitters) said: I asked Ibn Shamasa: What was that? He said that he (the Holy Prophet (phuh)) said: Who learnt archery and then gave it up is not from us. or he has been guilty of disobedience (to Allah's Prophet (phuh) )”

And Abu Dawud reported a narration that Al-Hakim authenticated and Al-Dhahabi confirmed – with the wording from Abu Dawud – from Khalid b. Zayd who said: I used to shoot against ’Uqbah b. ’Amir, and so he passed by me that day and said: O Khalid, come out with us to shoot, and so I delayed. He said: O Khalid, come, I will tell you something that the Messenger of Allah (pbuh) told me, and I will say it as the Messenger of Allah (pbuh) said:

 إِنَّ اللَّهَ عَزَّ وَجَلَّ يُدْخِلُ بِالسَّهْمِ الْوَاحِدِ ثَلاَثَةَ نَ فَرٍ الْجَنَّةَ: صَانِعَهُ يَحْتَسِبُ « فِي صَنْ عَتِهِ الْخَيْ رَ، وَالرَّامِيَ بِهِ، وَمُنْبِلَهُ، وَارْمُوا وَارْكَبُوا، وَأَنْ تَ رْمُوا أَحَبُّ إِلَيَّ مِنْ أَنْ تَ رْكَبُوا، لَيْسَ مِنْ اللَّهْوِ إِلاَّ ثَلاَثٌ : تَأْدِيبُ الرَّجُلِ فَ رَسَهُ، وَمُلاعَبَتُهُ أَهْلَهُ، وَرَمْيُهُ بِقَوْسِهِ » وَنَ بْلِهِ، وَمَنْ تَ رَكَ الرَّمْيَ ب عَْدَ مَا عَلِمَهُ رَغْبَةً عَنْهُ فَإِن هََّا نِعْمَةٌ تَ رَكَهَا أَوْ قَالَ كَفَرَهَا

“Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful”.

The evidence regarding the necessary culturing of the Army: Allah (swt) said in the chapter of Al-Tawba:

 “Indeed, Allah has purchased from the believers their lives and their properties [in exchange] for that they will have Paradise. They fight in the cause of Allah, so they kill and are killed. [It is] a true promise [binding] upon Him in the Torah and the Gospel and the Qur'an. And who is truer to his covenant than Allah? So rejoice in your transaction which you have contracted. And it is that which is the great attainment; [Such believers are] the repentant, the worshippers, the praisers [of Allah], the travelers [for His cause], those who bow and prostrate [in prayer], those who enjoin what is right and forbid what is wrong, and those who observe the limits [set by] Allah. And give good tidings to the believers.” (TMQ 111-112). Allah (swt) did not make it sufficient to give one’s life and money to be from those who are given glad tidings, but rather added that they are repenters, worshippers, fasting, praying, enjoining the good and forbidding the evil and observing the limits set by Allah (swt), upright upon them and not transgressing them, rather there is a safe distance to kept away from them. Allah (swt) said

“O you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful.” (TMQ 3:200).

Al-Bukhari and Muslim reported from Sahl Bin Sa’d Al- Sa’idi that the Messenger of Allah (pbuh) said

"رِبَاطُ ي وَْمٍ فِي سَبِيلِ اللهِ خَيْ رٌ مِنْ الدُّنْ يَا وَمَا عَلَيْ هَا، وَمَوْضِ عُ سَ وْطِ أَحَدِكُمْ مِنْ الْجَ نَّةِ خَيْ رٌ مِنْ الدُّنْ يَا وَمَا عَلَيْ هَا، وَالرَّوْحَةُ يَ رُوحُهَا الْعَبْدُ فِي سَبِيلِ اللهِ، أَوْ الْغَدْوَةُ، خَيْ رٌ مِنْ الدُّنْ يَا وَمَا عَلَيْ هَا"

 “Observing Ribat (e.g., guarding the Islamic frontier for the sake of Allah) for a single day is far better than the world and all that it contains. A place in Jannah as small as the whip of your horse is far better than the world and all that it contains. An endeavour (fighting) in the Cause of Allah in the evening or in the morning is far better than the world and all that it contains."

And Al-Bukhari reported from ’Abd Allah b. Abi ’Awfa that the Messenger of Allah (pbuh) said

 "وَاعْلَمُوا أَنَّ الْجَنَّةَ تَحْتَ ظِلالِ السُّ يُوفِ "

“Know that paradise lies under the shades of swords”.

Al-Bukhari reported from ’Abd Al-Rahman b. Jabir that the Messenger of Allah (pbuh) said

 "مَا اغْبَ رَّتْ قَدَمَا عَبْدٍ فِي سَبِيلِ اللَّهِ فَ تَمَسَّ هُ النَّارُ "

“(never happen) that the feet soiled with dust while (doing Jihad) in the way of Allah will be touched by the fire”

Al-Hakim reported a narration which he authenticated, and Al-Dhahabi confirmed his authentication, from ’Imran b. Husayn that the Messenger of Allah (pbuh) said

"مَقَامُ الرَّجُلِ فِي الصَّفِّ فِي سَبِيلِ اللهِ أَفْضَلُ عِنْدَ اللهِ مِنْ عِبَادَةِ الرَّجُلِ سِتِّينَ سَنَة "

The place of a man in the lines (fighting) in the Cause of Allah is better to Allah than sixty years of a his worship”.

Al-Bukhari reported from Abu Hurayrah that the Prophet (phuh) said

"إِنَّ فِي الْجَ نَّةِ مِائَةَ دَرَجَ ةٍ أَعَ دَّهَ ا اللَّهُ لِلْمُجَاهِدِينَ فِي سَبِيلِ اللَّهِ، مَا بَ يْنَ الدَّرَجَتَ يْنِ كَمَا بَ يْنَ السَّمَاءِ وَالأَرْضِ "

“In Jannah there are a hundred grades which Allah has prepared for those who fight in His Cause; and the distance between any two of those grades is like the distance between the heaven and the earth”.

Muslim reported from Anas who said:

 قُومُوا إِلَى جَنَّةٍ عَرْضُهَا السَّمَوَاتُ : "فَدَنَا الْمُشْرِكُونَ، فَ قَالَ رَسُولُ اللَّهِ وَالأَرْضُ، قَالَ: يَ قُولُ عُمَيْ رُ بْنُ الْحُمَامِ الأَنْصَارِيُّ: يَا رَسُولَ اللَّهِ، جَنَّةٌ عَرْضُهَا مَا يَحْمِلُكَ عَلَى : السَّمَوَاتُ وَالأَرْضُ ؟ قَالَ: نَ عَمْ، قَالَ: بَخٍ بَخٍ، فَ قَالَ رَسُولُ اللَّهِ قَ وْلِكَ بَخٍ بَخٍ ؟ قَالَ لاَ وَاللَّهِ يَا رَسُولَ اللَّهِ إِلاَّ رَجَاءَةَ أَنْ أَكُونَ مِنْ أَهْلِهَا، قَالَ: فَإِنَّكَ مِنْ أَهْلِهَا، فَأَخْرَجَ تَمَرَاتٍ مِنْ قَ رَنِهِ فَجَعَلَ يَأْكُلُ مِنْ هُنَّ، ثُمَّ قَالَ: لَئِنْ أَنَا حَيِيتُ حَ تَّى آكُلَ تَمَرَاتِي هَذِهِ إِن هََّا لَحَيَاةٌ طَوِيلَةٌ، قَالَ: فَ رَمَى بِمَا كَانَ مَعَهُ مِنْ التَّمْرِ ثُمَّ قَاتَ لَهُمْ حَ تَّى قُتِلَ "

“When the polytheists came near, the Messenger of Allah (pbuh) (PBUH) said, "Now stand up and proceed towards Jannah which is as wide as are the heavens and the earth." 'Umair bin Al-Humam (May Allah be pleased with him) asked: "Is Jannah as wide as are the heaven and the earth?" The Messenger of Allah (pbuh) replied in the affirmative. 'Umair remarked: "Great!" The Messenger of Allah (pbuh) asked him what had urged him to say so. He replied: "Nothing, O Messenger of Allah! But hope that I might become one of the inhabitants of Jannah." The Messenger of Allah (pbuh) said, "You will definitely be among them." 'Umair then took some dates out of his quiver and began to eat them, but after a short time he said: "If I survive till I eat my dates, it will mean a long life." So he threw away the dates which he had with him and then fought with the enemy till he was killed.”

The evidence of encouragement to fight: Allah (swt) said

“So fight, [O Muhammad], in the cause of Allah; you are not held responsible except for yourself. And encourage the believers [to join you] that perhaps Allah will restrain the [military] might of those who disbelieve. And Allah is greater in might and stronger in [exemplary] punishment.” (TMQ 4:84). And He (swt) said

“O Prophet (phuh), urge the believers to battle. If there are among you twenty [who are] steadfast, they will overcome two hundred. And if there are among you one hundred [who are] steadfast, they will overcome a thousand of those who have disbelieved because they are a people who do not understand.” (TMQ 8:65).

Ibn Ishaq reported saying:

 إِلَى النَّاسِ فَحَرَّضَهُمْ وَقَالَ: وَالَّذِي نَ فْسُ مُحَمَّدٍ  "ثُمَّ خَرَجَ رَسُولُ اللهِ بِيَدِهِ، لاَ ي قَُاتِلُهُمُ اليَ وْمَ رَجُلٌ فَ يُ قْتَلُ صَابِراً مُحْتَسِباً مُقْبِلاً غَيْ رَ مُدْبِرٍ إِلاَّ أَدْخَلَهُ الل هُ الْجَ نَّةَ ... "

“Then the Messenger of Allah (pbuh) went out to the people and incited (encouraged) them by saying: By the One who the soul of Muhammad is in His Hand, he who fights today and is killed (martyred) maintaining patience, expecting reward from Allah, and attacking and not retreating, then Allah will cause him to enter Paradise”.

Ahmad reported with an authentic chain from Abu Hurayrah who said:

 "... فَ نَظَرَ فَ رَآنِي فَ قَالَ: يَا أَبَا هُرَيْ رَةَ، فَ قُلْتُ: لَبَّ يْكَ رَسُولَ اللَّهِ، قَالَ فَ قَالَ: اهْتِفْ لِي بِالأَنْصَارِ وَلاَ يَأْتِينِي إِلاَّ أَنْصَارِ ي، فَ هَتَ فْتُ بِهِمْ فَجَاءُوا، فَأَطَافُوا بِرَسُولِ اللَّهِ فَ قَالَ: تَ رَوْنَ إِلَى أَوْ بَاشِ قُ رَيْشٍ وَأَتْ بَاعِهِمْ ؟ ثُمَّ قَ الَ بِيَدَيْهِ إِحْ دَاهُ مَ ا عَلَى الأُخْرَى:  حَصْدًا حَتَّى تُ وَافُونِي بِالصَّفَا ... "

“...so he looked and saw me, and said: O Abu Hurayrah. I said: I am present, I am present Messenger of Allah, and so he said: Call the Ansar (supporters) to me, and no one other than them should come to me. So I called them, and they came; then they came around the Messenger of Allah (pbuh) who said: Do you see the rabble of Quraysh and their followers?: kill them until you meet me at Safa (and he was) tying his hands together.”

Muslim reported from ’Abbas b. ’Abd Al-Muttalib who said,

 أَيْ : يَ وْمَ حُنَ يْنٍ ... فَ قَالَ رَسُولُ اللَّهِ  "شَهِدْتُ مَعَ رَسُولِ اللَّهِ عَبَّاسُ، نَادِ أَصْحَابَ السَّمُرَةِ، فَ قَالَ عَبَّاسٌ - وَكَانَ رَجُلاً صَيِّتاً - فَ قُلْتُ بِأَعْلَى صَوْتِي: أَيْنَ أَصْحَابُ السَّمُرَةِ، قَالَ: فَ وَاللَّهِ لَكَأَنَّ عَطْفَتَ هُمْ حِينَ سَمِعُوا صَوْتِي عَطْفَةُ الْبَ قَرِ عَلَى أَوْلاَدِهَا، فَ قَالُوا: يَا لَ بَّ يْكَ يَا لَ بَّ يْكَ ... "

“I witnessed the day of Hunayn with the Messenger of Allah (pbuh) …The Messenger of Allah (pbuh) said O ’Abbas, call out to the people of Samura (the tree under which the companions gave the Prophet (phuh) the Bay’a of Ridwan before the treaty of Al- Hudaybiyah). ’Abbas (who was a man with a loud voice) called out at the top of his voice: Where are the people of Samura? And by Allah, when they heard my voice, they came back (to us) as cows come back to their calves, and said: We are present, we are present”.

The evidences to have patience and more endurance than the enemy at the battlefield: Allah (swt) said,

“O you who have believed, when you encounter a company [from the enemy forces], stand firm and remember Allah much that you may be successful.” (TMQ 8:45). And He (swt) said,

“O you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful.” (TMQ 3:200). And He (swt) said,

“Then, indeed your Lord, to those who emigrated after they had been compelled [to renounce their religion] and thereafter fought [for the cause of Allah] and were patient - indeed, your Lord, after that, is Forgiving and Merciful”. (TMQ 16:110).

Muslim reported from Jabir who said

 » عَلَى الْمَوْتِ، إِنَّمَا بَايَ عْنَاهُ عَلَى أَنْ لا نَفِرَّ  لَمْ ن بَُايِعْ رَسُولَ اللهِ «

“We did not give plege to the Messenger of Allah (pbuh) upon death, we rather pledged not to flee (from battle)”.

Al-Bukhari reported from ’Abdullah Bin Abi Awfa that the Messenger of Allah (pbuh) said

 "إِذَا لَقِيتُمُوهُمْ فَاصْبِرُوا"

“When you meet them (on the battlefield), have patience”. The proof for preparing the Army such that they are not taken by surprise: Al-Bukhari reported from Abu Hurayrah that the Prophet (phuh) said

 "... طُوبَى لِعَبْدٍ آخِذٍ بِعِنَانِ فَ رَسِهِ فِي سَبِيلِ اللهِ، أَشْعَثَ رَأْسُهُ، مُغْبَ رَّةٍ قَدَمَاهُ، إِنْ كَانَ فِي الْحِرَاسَةِ كَانَ فِي الْحِ رَاسَ ةِ، وَإِنْ كَانَ فِي السَّاقَ ةِ كَانَ فِي السَّاقَ ةِ، إِنِ اسْ تَأْذَنَ لَمْ ي ؤُْذَنْ لَهُ، وَإِنْ شَفَعَ لَمْ يُشَفَّعْ "

“Paradise (Tuba is a tree in Paradise) is for one who holds the reins to strive in the cause of Allah, with his hair unkempt and his feet covered with dust. If he is appointed in the vanguard, he is perfectly satisfied with his post of guarding, and if he is appointed in the rearward, he accepts his post with satisfaction; (he is so simple and unambiguous that) that if he asks for permission, he is not permitted, and if he intercedes, his intercession is not accepted”.

Al-Tirmidhi reported a narration that he considered Hasan from Ibn ’Abbas who said: I heard the Messenger of Allah (pbuh) say

 "عَ يْ نَانِ لا تَمَسُّهُمَا النَّارُ: عَيْنٌ بَكَتْ مِنْ خَشْيَةِ اللَّهِ، وَعَيْنٌ بَاتَتْ تَحْرُسُ فِي سَبِيلِ اللَّهِ "

“Two eyes will not be touched by the hellfire: an eye that weeps out of the fear of Allah, and an eye that spends the night on guard in the cause of Allah”.

Al-Hakim reported a narration he authenticated, and which Al-Dhahabi confirmed, from Ibn Umar that the Prophet (phuh) said

"أَلاَ أُنْبِئُكُمْ بِلَيْ لَةٍ أَفْضَلَ مِنْ لَيْ لَةِ القَدْرِ، حَارِسٌ حَرَسَ فِي أَرْضِ خَوْفٍ لَعَلَّهُ أَنْ لا يَ رْجِعَ إِلَى أَهْلِهِ "

“Should I not tell you about a night better than the night of Qadar? (It is one during which ..) A guard (in Jihad) guarding in a land of war (fear)and not sure wheather he will be back to his family.”

The Khalifah must examine the actions of the governors and continually assess their performance strictly. He must deputise people to monitor their situations, investigate them, and periodically gather all or some of them, and listen to the complaints of the subjects regarding them.

It is confirmed that the Prophet (phuh) used to test the governors when he appointed them as he did with Mu’adh and Abu Musa, and explained to them how they should proceed as he did with Amr b. Hazm in his message famous amongst the people of knowledge as mentioned by Ibn ’Asakir in Tarikh Damascus and Al-Hafiz said in Al-Isaba

 » ... عمرو بن حزم على نج ران  واس تعمل النبي ...«

“…and the Prophet (phuh) appointed Amr Bin Hazam over Najran…” and it is reported from him that the message he wrote to him was regarding the obligations and blood money and other issues, as narrated by Abu Dawud and Al-Nasa’i, Ibn Hibban and Al-Darimi and others.

Likewise he would make them aware of some important issues as he did with Abaan Bin Said when he appointed him over Bahrain as has been mentioned in Al-Tabaqat of Ibn Sa’d from Al-Waqidi when it was said to him

 » اسْ تَ وْصِ بَ عَ بْ دِ قَ يْسٍ خَيْراً، وَأَكْرِمْ سَرَاتَهِمْ «

 “Take good care of ’Abd Qays and honour their leaders”. In the same way, it is confirmed that he used to account the governors, investigate their circumstances and listen to what was narrated to him regarding their news. He also used to account the governors over the taxation and expenditures; it is narrated by Abu Hamid Al-Sa’idi

رَجُلاً مِنْ بَنِي أَسْدٍ ي قَُالُ لَهُ ابْنُ اللُّتَبِيَّةِ عَلَى صَ دَقَ ةٍ فَ لَمَّ ا  اسْ تَ عْمَلَ النَّبِيُّ « عَلَى الْمِنْ بَرِ قَالَ سُفْيَانُ أَيْضًا  قَ دِمَ قَ الَ هَ ذَا لَكُمْ وَهَ ذَا أُهْدِيَ لِي فَ قَامَ النَّبِيُّ فَصَعِدَ الْمِنْ بَ رَ فَحَمِدَ اللَّهَ وَأَثْ نَى عَلَيْهِ ثُمَّ قَالَ مَا بَالُ الْعَامِلِ نَ بْ عَ ثُ هُ فَ يَأْتِي يَ قُولُ هَ ذَا لَكَ وَهَ ذَا لِي فَ هَلاَّ جَلَسَ فِي بَ يْتِ أَبِيهِ وَأُمِّهِ فَ يَ نْ ظُ رُ أَي هُْدَى لَهُ أَمْ لاَ وَالَّذِي نَ فْسِي بِيَدِهِ لاَ يَأْتِي بِشَيْءٍ إِلاَّ جَاءَ بِهِ يَ وْمَ الْقِيَامَةِ يَحْمِلُهُ عَلَى رَقَ بَ تِ هِ إِنْ كَانَ بَعِيرًا لَهُ رُغَاءٌ أَوْ ب قَرَةً لَهَا » خُوَارٌ أَوْ شَاةً تَ يْ عَرُ ثُمَّ رَفَعَ يَدَيْهِ حَتَّى رَأَيْ نَا عُفْرَتَيْ إِبْطَيْهِ أَلاَ هَلْ بَ لَّغْتُ ثَلاَث اً

“The Prophet (phuh) employed a man from the tribe of Al- Azd named Ibn Lutbiyyah as collector of Zakat. When the employee returned (with the collections) he said: " O Prophet (phuh) ! This is for you and this is mine because it was presented to me as gift." Messenger of Allah (pbuh) rose to the pulpit and praised Allah and extolled Him. Then he said, "I employ a man to do a job and he comes and says: 'This is for you and this has been presented to me as gift'? Why did he not remain in the house of his father or the house of his mother and see whether gifts will be given to him or not? By Allah in Whose Hand is the life of Muhammad, if any one of you took anything wrongfully, he will bring it on the Day of Resurrection, carrying it on (his back), I will not recognize anyone of you, on the Day of Resurrection with a grunting camel, or a bellowing cow, or a bleating ewe." Then he raised his hands till we could see the whiteness of his armpits. Then he said thrice, ''O Allah ! have I conveyed (Your Commandments” (agreed upon narration).

Umar (ra) used to be severe in his monitoring of the governors and appointed Muhammad Bin Maslamah (ra) to examine their circumstances and investigate them. He would gather the governors in the pilgrimage season in order to look into what they had done, listen to the complaints of the subjects regarding them and to remind them of the affairs of the governorship and establish their circumstances. It is narrated from Umar (ra) that one day he said to those around him

"أرأيتم إذا استعملت عليكم خير من أعلم ثم أمرته بالعدل، أكنت قضيت الذي علي قالوا: نعم، قال: لا، حتى أنظر في عمله، أعمل بما أمرته به أم لا"

“Do you think if I appointed over you the best whom I know, and then commanded him to be just, that have I completed what was upon me?” They replied, yes. He said “No, until I looked into his actions – did he act according to what I commanded him to or not” (reported from Al-Bayhaqi in Al-Sunan and Al-Shi’ab from Tawus). Umar (ra) used to strictly account his governors and ’Ummal, and his severity in accounting them would lead to him sometimes removing one of them due to a doubt for which there was no definite evidence and he used to remove them due to suspicion which did not reach the level of doubt. He was once asked about that and so said

"هان شيء أصلح به قوماً أن أبدلهم أميراً مكان أمير"

“The simplest thing I do to make things right for people is to relplce a leader (Amir) they have by another” (reported by Abu Shabah in Al-Tarikh Al-Madinah, and by Ibn Sa’d in Al-Tabaqat from Al-Hasan).

However, even with his strictness over them he used to allow them freedom of conduct, would protect their standing in government, listen to them and be attentive to their proofs. If the proof convinced him, he would not hide his conviction of it and his praise of the ’Amil. One day, it reached him that his ’Amil over Hims, ’Umayr b. Sa’d, said while upon the pulpit,

 "لا يزال الإسلام منيعاً ما اش ت د السلطان. وليس ت ش دة السلطان قتلاً بالس ي ف أو ضرباً بالسوط، ولكن قضاءً بالحق وأخذاً بالعدل"

“Islam will remain strong as long as the authority is rigorously strong. But strength in authority is not killking by sword or striking by whip, but it is judging according to Truth and applying justice” as mentioned by Ibn Sa’d in Al-Tabaqat from Said b. Suwayd. So Umar (ra) said regarding him,

 "وددت لو أن لي رجلاً مثل عمير بن سعد أستعين به على أعمال المسلمين"

“I wish I had a man like ’Umayr Bin Sa’d who I could rely upon in Muslims’ matters”.

The governor can be discharged if the Khalifah decides so or if the Shura council expresses dissatisfaction with him - whether justified or not - or if the provincial council expressed discontent with him. However, the governor can only be dismissed by the Khalifah.

Its proof is the action of the Messenger (pbuh) ; he appointed Mu’adh Bin Jabal over Yemen and then removed him from it without a reason, and removed Al-’Ala’ b. Al-Hadrami who was his ’Amil over Bahrain because the delegation of ’Abd Qays complained about him. Umar Bin Al-Khattab (ra) used to remove governors with and without reason; he removed Ziyad b. Abi Sufyan and did not announce a reason and removed Sa’d b. Abi Waqqas (ra) since the people complained about him, and said “I did not remove him due to incapability, nor treachery”. This indicates that the Khalifah can remove the governors whenever he pleases, and it is upon him to remove the governor if the provincial council complain about him, and similar to the people of his province is the Shura council (Shura and accounting), which represents all of the provinces.

The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed.

Its proof is the action of the Messenger (pbuh) since he used to remove the governors and it is not narrated that he transferred a governor from place to place. Additionally, the governorship is one of the contracts that is completed by a direct wording, and the contract of the governorship is upon the province or city, which specifies the place where the governor rules, and the powers of ruling remain with him as long as the Khalifah does not remove him. So if he is not removed, then he remains a governor over it, and if he is transferred to another place, he is not removed from his first location by this transfer and is not appointed over the location that he has been transferred to, since his separation from the first location requires a direct word that he has been removed from the governorship over it and his appointment over the place that he has been transferred to requires a new contract of appointment which is specific to that location. Accordingly, it is taken that the governor is not transferred from location to location by transfer; rather he is removed from a location and appointed to a new governorship for the new location.

The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him.

Its proof is that the Messenger (pbuh) used to appoint governors for a period and then remove them and no governor remained over his governorship for the complete period of the time of the Messenger (pbuh) . Ibn Abdul Birr conveyed in Al-Isti’ab that the Messenger (pbuh) appointed ’Uthman b. Abi Al-’As Al301 Thaqafi over Al-Ta’if; he remained there through the life of the Messenger of Allah (pbuh) and the Khilafah of Abu Bakr (ra) and two years of the Khilafah of Umar (ra) at which point he was removed, which was a rare occurrence. For most of the time of the Messenger (pbuh) , he would not extend people’s time as governors. This indicates that a governor is not appointed to a permanent governorship but rather he is appointed for a specific time and then removed. However, the length of his governorship is not defined by a specific period, long or short, since there is nothing that indicates that from the actions of the Messenger (pbuh) . The most that can be said about the issue is that most of the time the Messenger (pbuh) appointed a governor, he did not remain as a governor there through the whole of his time; rather he would appoint and then remove them.

Though it is permitted to extend the period of governorship such as what occurred with ’Uthman b. Abi Al-’As, however it is apparent that the length of the period of the governorship of Mu’awiyah in Al-Sham at the time of Umar (ra) and then ’Uthman (ra), caused what resulted in the strife which shook the entity of the Muslims, and so it is understood from this that lengthening the governorship of the governor in the province results in harm upon the Muslims and the State, and based upon this the words that the term of office for the governor is not to be long were drafted into this article.

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Superior Economic Model : Islamic System