The Asl regarding the Dima' of the Harbiyun

[Shaghuri]

as salam alaykum,

Brother Abu Zubair, you once mentioned on another thread that there were some scholars that differed with the popular opinion stating the Asl al-Ibahah regarding the Dima' and 'Arad of the Harbiyun. Could you please tell me where you saw that view and who held it?

[Abuz Zubair]

There is a work by Ibn Taymiyya recently published that the kuffar are fought for fighting and not merely for kufr, which is, apparently, the majority opinion.

The work itself is disputed whether it is Ibn Taymiyya's or not, but the contents of it seem reasonable.

[Shaghuri]

Yes, I do recall reading something like that from him, although I believe he was narrating the views of the Ahnaf that Muharaba is the cause of Istirqaq and not just mere Kufr. That is in his Fatawa.

[WM]

Wait a sec, what does this mean in terms of offensive jihad? Is it or is it not done against kufr, for all times?

[Abuz Zubair]

The issue has nothing to do with offensive jihad. Even in offensive jihad, only those are fought who actually fight, while others, such as monks and priests who are not known for violence are spared. This is Ibn Taymiyya's argument, if the book is correctly attributed to him.

[Logic lover]

What if the kuffar do not fight whilst maintaining the hukm for themselves?

In his tafsir of Quran 9:5, Ibn Kathir ra states, ''This ayah allowed fighting people, unless and until they embrace Islam and implement all its rulings and obligations''.

If the Muslims are not to fight them, just because the kuffar are not fighting - the case of the establishment of the Sharia will have a serious agenda in hand.

Allah knows best.

[Abuz Zubair]

On the other hand, if they agree to rule under the Islamic law without a fight, they are not to be fought, even if they remain upon kufr.

But if they violently resist, they are fought.

Hence, the reason for fighting them is not kufr, actually waging war. Or at least according to Ibn Taymiyya in the book attributed to him.