FIQH AL-SIYAR

FIQH AL-SIYAR

1. jurisprudential interpretations, deductions, and opinions of the Muslim scholars, the Ulama, the Mujtahid

   • achieved this position during the Ummawi dynasty follow the first 40 years of the history of Islamic states.
     • four legal schools: The Hanafi, The Shafi’I, The Maliki, The Hambali
       • they unified on the basic Islamic principles but they do not have unified in legal opinions
         • Jihad; Thawri & Hanifah: fighting against nonbelievers is no obligation unless they attack first Al Sarakhsi (Hanafi Jurist): fighting unbelievers is an obligation.
           • Shafi’i: Allah made Jihad an obligation after it had been a matter of choices

2. punishment of a Muslim who intentionally kills a non-muslim Shafi’I & Hanbali schools: Jizyah acceptable from people of the Book and Magians. Hanafi & maliki schools: Jizyah acceptable from all except the Arab polytheists. Awzai & al Thawri (maliki schools): Jizyah acceptable from all.

   • opinions of Muslim jurists are not considered law but merely a source of law