Leaderless Jihad by Ibn Hazm

Posted: March 8, 2012 by millatibraheem in Fiqh, Rebuttals
To proceed:
Any Muslim who enters and takes booty in dār al-ḥarb, then it is the same if he was by himself or in a group, with or without the permission of the imām. All of that is equal. The khums (fifth) is applied and the rest is divided amongst those who retrieved the booty. Allāh taʿālā said:

واعلموا أنما غنمتم من شيء فإن لله خمسه

And know that whatever you have taken as booty of anything then to Allāh belongs a fifth of it. (8:41)

And He taʿālā said:

فكلوا مما غنمتم

So consume from what you have taken as booty. (8:69)

Abū Ḥanīfah said, “There is no khums (fifth) except for what has been attained by a group.” Abū Yūsuf said, “(The group is) nine or more.”

(Abū Muḥammad said:) These are opinions of extreme invalidity, as they are in opposition to the Quran, the Sunna, and the intellect. Allāh taʿālā has said:

قاتلوا الذين يلونكم من الكفار وليجدوا فيكم الغلظة

Fight those who border you of the kuffār and let them find harshness in you. (9:123)

He did not specify the command of the imām (as being necessary) nor otherwise, and if an imām forbade fighting against ahl al-ḥarb then it is obligatory to disobey him, as he ordered disobedience to Allāh and there is no listening nor obeying for such. Allāh taʿālā said:

فقاتل في سبيل الله لا تكلف إلا نفسك

So fight in the path of Allāh: you are only accountable for yourself. (4:84)

This address is directed to every Muslim, so everyone is commanded with Jihad even if he is by himself. Allāh taʿālā said:

انفروا خفافا وثقالا

March forth light and heavy. (9:41)

And He taʿālā said:

فانفروا ثبات أو انفروا جميعا

So march forth in detachments or march forth altogether. (4:71)

(al-Muḥallā, Ibn Ḥazm, 7/351 no. 964)

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