|
|
| سطر ٦: |
سطر ٦: |
| ===Hanafi=== | | ===Hanafi=== |
|
| |
|
| ====Yaqub ibn Ibrahim al-Ansari (Abu Yusuf)====
| |
|
| |
| <span class="plainlinks">[http://en.wikipedia.org/wiki/Abu_Yusuf Yaqub ibn Ibrahim al-Ansari (Abu Yusuf)]</span> (d. 798) was a student of legist Abu Hanifah and helped spread the influence of the Hanafi school. He was appointed Qadi (judge) in Baghdad, Iraq, and later chief justice (qadi al-qudat) under Abbasid caliph Harun al-Rashid.
| |
|
| |
| {{Quote||'''BATTLE PROCEDURES'''<BR><BR>It seems that the most satisfactory suggestion we have heard in this connection is that there is no objection to the use of any kind of arms against the polytheists, smothering and burning their homes, cutting down their trees and date groves, and using catapults, without, however, deliberately attacking women, children, or elderly people; that one can yet pursue those that run away, finish off the wounded, kill prisoners who might prove dangerous to the Muslims, but this is only applicable to those on the chin of whom a razor has passed, for the others are children who must not be executed.<BR><BR>
| |
| As for the prisoners who are led before the imam, the latter has the choice of executing them or making them pay a ransom, as he pleases, opting for the most advantageous choice for the Muslims and the wisest for Islam. The ransom imposed upon them is not to consist either of gold, silver, or wares, but is only an exchange for Muslim captives.<BR><BR>
| |
| ...<BR><BR>
| |
| For my part I say that the decision concerning prisoners is in the hands of the imam: in accordance with whatever he feels to be more to the advantage of Islam and the Muslims, he can have them executed or he can exchange them for Muslim prisoners (pp. 302-303).<BR><BR>
| |
| Whenever the Muslims besiege an enemy stronghold, establish a treaty with the besieged who agree to surrender on certain conditions that will be decided by a delegate, and this man decides that their soldiers are to be executed and their women and children taken prisoner, this decision is lawful. This was the decision of Sa'ad b. Mu'adh in connection with the Banu Qurayza (a Jewish tribe of Arabia) (p. 311).<BR><BR>
| |
| The decision made by the chosen arbitrator, if it does not specify the killing of the enemy fighters and the enslavement of their women and children, but establishes a poll tax, would also be lawful; if it stipulated that the vanquished were to be invited to embrace Islam, it would also be valid and they would therefore become Muslims and freemen (p. 311).<BR><BR>
| |
| ...Is it not correct that Allah has said in His Book: "Fight those ... until they pay the tribute out of hand and have been humbled" (Koran 9:29), and that the Prophet invited the polytheists to embrace Islam, or, if they refused, to pay the poll tax, and that Umar b. al-Khattab, after having subdued the inhabitants of Sawad, did not spill their blood but made them tributaries? (p. 312).<BR><BR>
| |
| If they offer to surrender and accept the mediation of a Muslim of their choice together with one of their number, this is to be refused, for it is unacceptable that a Believer collaborate with an infidel to arrive at a decision on religious matter. If by error, the ruler's representative accepts and a verdict is proposed by both men, the imam is not to declare it binding unless it stipulates that the enemies will be tributaries or be converted to Islam. If this condition is adopted by them, then they are reproachless and if they acknowledge that they are tributaries, then they shall be accepted as such, without there being need of a verdict (pp. 314-15).<ref>Excerpted from Edmond Fagnan, trans., ''Kitab al-Kharaj (Le livre de l'impot foncier)'' (Paris, 1921). English translation in Bat Ye'or, ''The Dhimmi: Jews and Christians under Islam'' (Madison, NJ: Fairleigh Dickinson University Press, 1985), pp. 165-72.</ref>}}
| |
|
| |
|
| ====Muhammad al-Shaybani==== | | ====Muhammad al-Shaybani==== |