Die vier Rechtsschulen über
den Dschihad
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Malakit Schule (Ibn Abi Zayd al-Qayrawani):
Jihad is a precept of Divine institution. Its performance by certain individuals
may dispense others from it. We Malikis maintain that it is preferable not to
begin hostilities with the enemy before having invited the latter to embrace the
religion of Allah except where the enemy attacks first. They have the
alternative of either converting to Islam or paying the poll tax (jizya), short
of which war will be declared against them.
Schaafit Schule (al-Mawardi):
The mushrikun [infidels] of Dar al-Harb (the arena of battle) are of two types:
First, those whom the call of Islam has reached, but they have refused it and
have taken up arms. The amir of the army has the option of fighting them…in
accordance with what he judges to be in the best interest of the Muslims and
most harmful to the mushrikun… Second, those whom the invitation to Islam has
not reached, although such persons are few nowadays since Allah has made
manifest the call of his Messenger…it is forbidden to…begin an attack before
explaining the invitation to Islam to them, informing them of the miracles of
the Prophet and making plain the proofs so as to encourage acceptance on their
part; if they still refuse to accept after this, war is waged against them and
they are treated as those whom the call has reached…
Hanbalit Schule (Ibn Taymiyya):
Since lawful warfare is essentially jihad and since its aim is that the religion
is God's entirely and God's word is uppermost, therefore according to all
Muslims, those who stand in the way of this aim must be fought. As for those who
cannot offer resistance or cannot fight, such as women, children, monks, old
people, the blind, handicapped and their likes, they shall not be killed unless
they actually fight with words (e.g. by propaganda) and acts (e.g. by spying or
otherwise assisting in the warfare).
Hanafit Schule (in the Hidayah, vol. Ii. P. 140 ):
It is not lawful to make war upon any people who have never before been called
to the faith, without previously requiring them to embrace it, because the
Prophet so instructed his commanders, directing them to call the infidels to the
faith, and also because the people will hence perceive that they are attacked
for the sake of religion, and not for the sake of taking their property, or
making slaves of their children, and on this consideration it is possible that
they may be induced to agree to the call, in order to save themselves from the
troubles of war… If the infidels, upon receiving the call, neither consent to it
nor agree to pay capitation tax, it is then incumbent on the Muslims to call
upon God for assistance, and to make war upon them, because God is the assistant
of those who serve Him, and the destroyer of His enemies, the infidels, and it
is necessary to implore His aid upon every occasion; the Prophet, moreover,
commands us so to do."
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