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28 More Classic Jurist Opinions on Islamic Supremacism & Jihad

Chronologically, 635 - 1800 AD

3 are Sufi

  1. These are not cherry picked examples of Extremists™, they are revered in the Islamic world as among the most authoritative “classic jurists” in history along with the last page. They are all open ended instructions to Muslims concerning relations with all non-Muslims, affirming Koran 9:29 is good for all times and places, and not just historical descriptions of events. 

6) Abu Bakr (d. 635) - 1st successor to Muhammad, 1st of the “4 rightly guided caliphs”.  He is quoted in Bukhari 2:23:483. He led the apostate wars, and is the namesake of the first Islamic State caliph in 2014 Abu Bakr Al-Baghdadi.

7) Umar ibn al-Khattab (~580 - 644) - 2nd successor to Muhammad, 2nd of the “4 rightly guided caliphs.” Umar is also quoted in Bukhari. The famous Pact of Umar was a peace treaty between the Caliph Umar and the Christians of Syria., who promised to abide by a detailed list of humiliating concessions as 2nd class citizens, that became a model for other places under Islamic law.  The origin of this document is uncertain, but the “classic jurists” have taken it very seriously and quote from it, as you already saw with Ghazali on the last page. Umar on IS&J.

8) `Abdullah ibn `Abbas (~618 - 687) - said to be a paternal cousin of Muhammad. He is quoted in Bukhari and other hadith. During his life he was called The Great Scholar of the Ummah.  “... famous for his deep insight, profound learning, keen memory, high intelligence, and perceptiveness.”  He narrated about 1600 traditions (hadith), and wrote a complete commentary on the Koran Tafsir Ibn Abbasibn Abbas on IS&J.

9) Abu Yusuf (Yaqub ibn Ibrahim al-Ansari) (731 - 798) - Famous Hanafi jurist, one of the most important disciples of Abu Hanifa (founder of the Hanafi school).  Judge in Baghdad, and later Chief Justice (qadi al-qudat) under Abbasid caliph Harun al-Rashid.  Abu Yusuf on IS&J

10) Muhammad al-Shaybani (754 - 811) - Famous Hanafi jurist, another of the most important disciples of Abu Hanifa. Author of several authoritative works, particularly an important work on jihad, The Islamic Law of Nationsal-Shaybani on IS&J.

11) Imam Al-Shafi’i (767 - 820) - founder of the Shafi’i school, jurist, one of the “4 great imams”.  Disciple of al-Shaybani and Imam Malik (founder of the Maliki school):  Al-Shafi'i on IS&J.

12) Muhammad ibn Jarir al-Tabari (~838 - 923) - Very famous Persian Islamic scholar, historian, and prolific writer, one of the major mujtahid Imams”, memorized Koran at 7. Most famous for his massive commentary on the Qur'an Tafsir al-Tabari, an equally large History of Prophets and Kings, and an encyclopedia of jurisprudence entitled al-Basit.  al-Tabari on (9:29).

13) Ibn Abi Zayd al-Qayrawani (922 - 996) - Maliki jurist, “He was the Imam of the Malikis in his time, and their model.” Wrote the very well known Treatise on Maliki Fiqh available free on line today, La Risalaal-Qayrawani on IS&J

14) Abu Al-Hasan Al-Mawardi (972-1058) - Shafi'i jurist, Chief Justice in Baghdad, sociologist, considered as one of the most famous thinkers in political science in the middle ages before ibn Khaldun. Wrote several important books on Islamic governance, some translated into various languages.  Al-Mawardi on IS&J.

15) Abu Ishaq Elbiri (11th century) - well-known Muslim jurist and poet of his time.  In 1066, shortly before an estimated 4,000 Jews were killed in Muslim ruled Spain during the Golden Age™, he wrote:

  1. “Do not consider that killing them is treachery. Nay, it would be treachery to leave them scoffing. Bostom: Jihad and Islamic Antisemitism   More Abu Ishaq on IS&J.

16) Ibn Abdun (d. 1134) - Maliki jurist in Andalusia, gave these legal opinions regarding Jews and Christians in Seville around 1100AD, during the Golden Age in Spain. “He emphasized that the qadi, a jurist should be a man of prudence, compassion, impartiality, and learning...” Ibn Abdun. on IS.

17) al-Zamakshari (~1075 - 1144) - “Persian renown for his great scholarship of the Qur'an and his magnificent mastery of the Arabic language. Scholars of all ranks and schools of thought have tremendous regard for him... His monumental work al-Kashaf `an Haqa'iq al-Tanzil wa `Uyun al-Aqawil fi Wujuh al-Ta'wil, is celebrated for its genius and linguistic depth.” From his Tafsir (Koran commentary), about al-Zamakshari on IS&J.

18) Shaikh Burhanuddin Ali of Marghinan  (1135 - 1196) - Hanafi jurist, from his famous manual of Sunni law the Hidaya, which is considered an authoritative guide in Central Asia, Afghanistan, and India. This is not a historical account, it is a timeless religious ruling by an influential Hanafi jurist.

  1. “...[jihad] is established as a divine ordinance, by the word of God, who said in the Quran, ‘Slay the infidels,‘ and also by saying of the Prophet, ‘War is permanently established until the Day of Judgment.’

  2. When the Muslims enter the enemy’s country and besiege the cities or strongholds of the infidels, it is necessary to invite them to embrace the faith, because Ibn ‘Abbas relates of the Prophet that he never destroyed any without previously inviting them to embrace the faith...

  3. 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...; the Prophet, moreover, commands us so to do.” More Hidaya on Jihad

19) Ibn Qudamah al-Maqdisi (1147-1223) - Hanbali jurist, noted Islamic scholar and author of many treatises of Hanbali jurisprudence and doctrine, including al-Mughni (the most widely known textbook of Hanbali fiqh)Ibn Kathir (listed below) said of him, "proficient, there was not found in his era nor before it by a long span of time, anyone possessing more fiqh – understanding of the religion – than him."  al-Maqdisi on IS&J.

20) Yahya ibn Sharaf al-Nawawi (~1234-1278) - Shafi'i jurist, Syrian, author, wrote “numerous works of great importance” including Riyad-us Saliheen, and Minhaj al-Talibin, both classical shafi'i manuals of Islamic Law. al-Nawawi on IS&J.

21) 'Abdallah ibn 'Umar al-Baydawi (~1286-1316) - Shafi’i jurist, chief judge of Shiraz, Persian scholar, writer.  In his important Qur’anic exegesis The Secrets of Revelation and The Secrets of Interpretation, he gives this ruling on Qur’an 5:82 & 2:61, about the Jews “humiliation and wretchedness”.

22) Abu Mansur Hasan bin Yusuf Al-Hilli  (1250-1326) - Shi’ite jurist, “one of the greatest Muslim jurist and scholars of his time”, prolific writer.  Al-Hilli on IS&J.

23) Ibn al-Qayyim al-Jawziyya (1292-1350) - Hanbali jurist, important disciple of Ibn Tamiyyah, eventually becoming his successor Imam. Qur'anic commentator, teacher, most notably of Ibn Kathir.  He is often quoted by other Muslims in their rulings on jihad.  For example here.

24) Ziauddin Barani (1285-1357) - Indian jurist, historian, political thinker, writer, companion of Sultan Muhammad b. Tughluq.  He pleads for an all out struggle against Hinduism, and discusses whether jizya should be accepted from them, as it is from the People of the Book - Jews and Christians. Barani on IS&J.

25) Ahmad Ibn Naqib al-Misri (1302-1368AD) - compiled Reliance of the Traveller. On IS&J:

  1. “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...” (Reliance o9.0)

That’s all it says about the “greater jihad”, then spends 11 pages explaining the “lesser jihad” like this:

  1. “The caliph makes war upon Jews, Christians, and Zoroastrians . . . until they become Muslim or pay the non-Muslim poll tax.” (o9.8) there’s a comment added from a Jordanian jurist: the caliph wages this war only “provided that he has first invited [Jews, Christians, and Zoroastrians] 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) . . . while remaining in their ancestral religions... Though, if there is no caliph, no permission is required [to fight jihad].” (o9.6) 

Certified by al-Azhar University in 1991

"conforms to the practice and faith of the orthodox Sunni community."

Reliance of the Traveller quotes K-47:35 then says Muslims shouldn’t make truces in war when they are uppermost, only when weak, and never for more than 10 years (o9.16).

Reliance of the Traveller on Christians, inspired by the 7th century Pact of Umar above:

  1. "... forbidden to ring church bells or display crosses, recite the Torah or Evangel aloud, or make public display of their funerals and feast days, and are forbidden to build new churches." (Reliance o.11.5,6,7)

26) Ibn Kathir (1323-1396) - Shafi’i jurist, Syrian disciple of Ibn Taymiyya, a ‘qadi’, hafiz (memorized the Koran), master scholar of history and the Qur’an.  His 5,000 page commentary Tafsir Ibn Kathir is “famous all over the Muslim world and among Muslims in the Western world, and is one of the most widely used explanations of the Qu’ran today”.  In it he gives this commentary on the Pact of Umar “treaty of peace”:

  1. “Paying Jizya Is a Sign of Kufr and Disgrace”

  2. “Allah said “until they pay the Jizya,” if they do not choose to embrace Islam, “with willing submission” in defeat and subservience, “and feel themselves subdued,” disgraced, humiliated and belittled.  Therefore, Muslims are not allowed to honor the people of Dhimma or elevate them above Muslims, for they are miserable, disgraced, and humiliated.  Muslim recorded from Abu Hurayrah that the Prophet said, “Do not initiate the Salam to the Jews and the Christians, and if you meet them in a road, force them to its narrowest alley.” (Muslim B.26, #5389) This is why the leader of the faithful ‘Umar... demanded his well known conditions to be met by the Christians, these conditions that ensured their continued humiliation, degradation, and disgrace.  The scholars of Hadith narrated from Abdur-Rahman... the terms of the treaty of peace he conducted with the Christians:  This is a document to... ‘Umar the leader of the faithful, for the Christians of such and such a city. When you [Muslims] came to us we requested safety for ourselves, children, property and followers of our religion.  We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration... We will respect Muslims, move from places we sit in if they choose to sit in them...” And so on, he finishes the rest of the Pact of Umar. (Tafsir Ibn Kathir (Riyadh, 2000), vol 4, pp. 404-407) More Ibn Kathir on IS&J.

27) Ibn Khaldun (1332-1406) - Maliki jurist, “The most important figure in the field of History and Sociology in Muslim History. He is one of those shining stars that contributed so richly to the understanding of Civilization." Professor John Esposito, Ph.D., taught a class Introduction to Islamic Civilization where a month was spent on part IV Ibn Khaldun on Islamic Civilization. From Khaldun’s famous Muqaddimah: An Introduction to History:

  1. “We do not think that we should blacken the pages of this book with discussion of their [Christian] dogmas of unbelief. In general, they are well known. All of them are unbelief. This is clearly stated in the noble Koran.  To discuss or argue those things with them is not up to us. It is for them to choose between conversion to Islam, payment of the poll tax, or death.” (Vol 1, p. 473)

Ibn Khaldun

Celebrated Supremacist

  1. “In the Muslim community, the holy war is a religious duty, because of the universalism of the [Muslim] mission and [the obligation to] convert everybody to Islam either by persuasion or by force. Therefore, caliphate and royal authority are united [in Islam], so that the person in charge can devote the available strength to both of them [i.e. religion and politics] at the same time. The other religious groups did not have a universal mission, and the holy war was not a religious duty for them, save only for purposes of defense... Islam is under obligation to gain power over other nations.” (Muqaddimah) 

28) Shaykh Muhammad b. Abd al-Karim al-Maghili (d.~1504) - From present day Algeria. Led a successful campaign to expel the city's Jews:

  1. “On the day of payment [the dhimmis] shall be assembled in a public place like the suq. They should be standing there waiting in the lowest and dirtiest place. The acting officials representing the Law shall ... adopt a threatening attitude so that it seems to them, as well as to the others, that our object is to degrade them by pretending to take their possessions. They will realize that we are doing them a favor (again) in accepting from them the jizya and letting them go free. Then they shall be dragged one by one ... for the exacting of payment. When paying, the dhimmi will receive a blow and will be thrust aside so that he will think that he has escaped the sword through this (insult). This is the way that the friends of the Lord, of the first and last generations, will act toward their infidel enemies, for might belongs to Allah, to His Apostle, and to the Believers.” (From Ahkam ahl al-Dhimma Faith Freedom International Quotes from Islamic jurists)

29) Imam Al-Suyuti (1445-1505) - Sufi, Hanafi jurist, famous Egyptian writer, multidisciplinary scholar.  Memorized the Koran at 8. The mujtahid imam and foremost hadith master, historian, biographer, he authored works in virtually every Islamic science. Recognized as the most prolific author in the realm of Islamic literature, writing nearly 600 books and treatises, including co-compiling the most widespread condensed commentary of Qur'an in our time, Tafsir al-Jalalayn.  Note his Sufi mysticism did not conflict with his views here on (9:29).

30) Fadl-Ullah bin Ruzbihan Isfahani (1456 - 1521) - Shafi’i jurist, said this in his Muslim Conduct of State: Suluk ul-Muluk, summarizing Shafi'i and Hanafi law. 

31) Shaikh Abdul Quddus Gangoh (~1456~1537) - Sufi Indian poet, among the most prominent Sufi Shaykhs of the Chishti Silsila branch. Scholar K.S. Lal says:

  1. Gangoh need be cited because he belonged to the Chishtia Silsila considered to be the most tolerant of all Sufi groups. He wrote letters to the Sultan Sikandar Lodi, Babur, and Humayun to re—invigorate the Sharia and reduce the Hindus to payers of land tax and jizya. To Babur he wrote:

  2. “No non—Muslim should be given any office or employment in the Diwan of Islam... Furthermore, in conformity with the principles of the Shariat they should be subjected to all types of indignities and humiliations. They should be made to pay the jizya...They should be disallowed from donning the dress of the Muslims... They should not be allowed to consider themselves the equal to the Muslims.(K.S. Lal, The Legacy of Muslim Rule in India, New Delhi, Aditya Prakashan, 1992, p. 237, Quotes from Islamic jurists)

32) Muhammad Taqi al-Majlisi (~1616–1698) - authoritative Shi’ite jurist and prolific hadith collector, educated in Islamic philosophy and mysticism. Author of over 100 books in Arabic and Persian, including one of the most important hadith collections to Shia, Bihar al-Anwar. Had a very close relationship with at least 2 of the Safavid monarchs, Shah Sulayman (d.1694), who in 1686 appointed him the “Sheik of Islam” in Isfahan, and Shah Sultan Husayn (d.1713) who in 1694 changed his title to Mullabashi, he was the highest religious and executive authority during those times. During his last four years under Husayn he was the de facto ruler of Iran.“ (Andrew Bostom Legacy of Jihad) 

  1. “Some say that they [the dhimmis] should not be informed of the amount of the jizya so that they should live continuously, in the course of the year, in a state of anxiety and agitation.

  2. [...]

  3. ... It is also incumbent upon Muslims that they should not accept from them victuals with which they had come into contact, such as distillates <and oils>, which cannot be purified. If something can be purified, such as clothes, if they are dry, they can be accepted, they are clean. But if they [the dhimmis] had come into contact with those cloths in moisture they should be rinsed with water after being obtained…

  1. It would also be better if the ruler of the Muslims would establish that all infidels could not move out of their homes on days when it rains or snows because they would make Muslims impure... Muslims should also be urged to show disrespect toward them [the dhimmis].”  More al-Maqdisi on IS.

  2. (Excerpted from "Risala-ya Sawa'iq al-Yahud [The Treatise Lightning Bolts against the Jews]." English translation by V.B. Moreen in Die Welt des Islams 32 (1992): 187-193.) (Andrew Bostom Legacy of Jihad)

33) Shah Aladihlawi Wali-Allah (1703–1762) - Sufi, Hanafi jurist, Islamic scholar from Delhi.  Memorized Koran at 7.  “One of the greatest religious thinkers produced by Muslim India... endowed with saintly qualities.” Authored 23 books in Arabic, and 28 in Persian. In spite of his Sufi mysticism, he said:

  1. “It has become clear to my mind that the kingdom of heaven has predestined that kafirs should be reduced to a state of humiliation and treated with utter contempt.” More Wali-Allah on IS&J.

  1. Obama in his 2009 Cairo speech at al-Azhar said:

  1. “And when the first Muslim-American was recently elected to Congress, he took the oath to defend our Constitution using the same Holy Koran that one of our Founding Fathers – Thomas Jefferson – kept in his personal library.”

That’s deceptive:

  1. Sidi Haji Abdrahaman (in 1786) - Maybe not a religious authority so I am not giving him a number, but he was Tripoli’s Ambassador to London giving his opinion on IS&J. Jefferson’s interest in the Koran had to do with getting to know the Muslim (Barbary) pirates before they went to war.  Christopher Hitchens explains:

  1. “ 1786, the new United States found that it was having to deal ... with ... the Muslim religion. The Barbary states of North Africa ... were using the ports of today's Algeria, Libya, and Tunisia to wage a war of piracy and enslavement against all shipping that passed through the Strait of Gibraltar. Thousands of vessels were taken, and more than a million Europeans and Americans sold into slavery. The fledgling United States of America was in an especially difficult position, having forfeited the protection of the British Royal Navy. Under this pressure, Congress gave assent to the Treaty of Tripoli... which stated roundly that "the government of the United States of America is not, in any sense, founded on the Christian religion, as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen." ... Jefferson and John Adams ... went to call on Tripoli's envoy to London, Ambassador Sidi Haji Abdrahaman. They asked him by what right he extorted money and took slaves in this way. As Jefferson later reported to Congress:

  2. “The ambassador answered us that [the right] was founded on the Laws of the Prophet, that it was written in their Koran, that all nations who should not have answered their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as prisoners, and that every Mussulman who should be slain in battle was sure to go to Paradise.” C. Hitchens - Jefferson's Koran

  3. Medieval historian Raymond Ibrahim, from The Historical Reality of the Muslim Conquests:

  1. Because it is now almost axiomatic for American school textbooks to whitewash all things Islamic (see here for example), it may be useful to examine one of those aspects that are regularly distorted: the Muslim conquests.

  1. Few events of history are so well documented and attested to as are these conquests, which commenced soon after the death of the Muslim prophet Muhammad (632) and tapered off circa 750. Large swathes of the Old World—from the India in the east, to Spain in the west—were conquered and consolidated by the sword of Islam during this time.

  2. By the standards of history, the reality of these conquests is unassailable, for history proper concerns itself with primary sources; and the Islamic conquests are thoroughly documented. More importantly, the overwhelming majority of primary source materials we rely on do not come from non-Muslims, who might be accused of bias. Rather, the foremost historians bequeathing to posterity thousands of pages of source materials documenting the Islamic conquests were not only Muslims themselves; they were—and still are—regarded by today’s Muslims as pious and trustworthy scholars (generically, the ulema).“

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