Bilad Al Sham Media
This is only written to explain and note down some important points about fighting the Bughat (transgressing group) and not intended to rule that on a certain particular group. Rather there is a difference between Ta’sil and Tanzil. Ta’sil is stating the actual ruling found in the Quran and the Sunnah whereas Tanzil is applying this ruling to a certain group which needs understanding of the reality in addition to the understanding of the Shariah and it is only the scholars who are deep rooted in knowledge who are allowed to do this and the general masses will follow them if it is in accordance with the Shariah. Similarly, I don’t intend by this text to rule upon a certain group and no one should likewise use this text to rule upon a certain group. Rather this text is only for explaining some rulings of the Shariah and refute some of the doubts which have been raised. In a few days, we may hear the fatawa of the scholars regarding this and only than shall we say anything.
وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا ۖ فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَىٰ فَقَاتِلُوا الَّتِي تَبْغِي حَتَّىٰ تَفِيءَ إِلَىٰ أَمْرِ اللَّهِ
“And if two factions among the believers should fight, then make peace between the two. But if one of them transgresses (BAGHAT) against the other, then fight against the one that transgresses until it returns to the ordinance of Allah.”
1) Muslims may fight each other but this does not justify to call them disbelievers or sahawat or enemies of the Shariah just based on this fighting itself (mujarrad) as Allah called them believers in his statement: (trans.) “And if two factions among the BELIEVERS should fight”
2) Allah called them believers, hence those who make Takfir due to mere fighting (mujarrad), then they have made Takfir upon those whom Allah did not make Takfir and contradicted Ahlus-Sunnah and made Halal, the blood which Allah made Haram.
3) Those who do make Takfir may be innocent of making Takfir upon mujarrad fighting itself according to their claims as they misunderstood it thinking that the opposing groups are ordered by the disbelievers to fight them. So they make Takfir of this which is a kufr but this is no excuse as they made lazim which is not lazim and based their rulings on it and this is how the Khawarij were who made Takfir of Ali and Mu’awiya thinking that they both ruled by other than the Shariah. True that ruling by other than the Shariah is kufr but they took this ruling and placed it in a completely different situation and ruled on it. This is similar to those ones who made Takfir due to sheer fighting only thinking that the fighting is from orders from the disbelievers which is a kufr without doubt, but they did not differentiate between the two situations. Fighting the Muslims is one thing and fighting them due to orders from the disbelievers is another thing and one should not consider that one of them means the presence of the other. And such acts are like saying “He committed Zina and he would not have committed it had he believed in Allah’s punishment and this means he disbelieved in it, hence he is a disbeliever” This is Batil and wrong by the Ijma of the scholars. The benefit for this point from the above Ayat is that Allah labeled both fighting groups as believers and had fighting meant necessarily taking orders from the disbelievers, than Allah would not have labeled them as believers as the latter (second) one is kufr.
4) The obligation upon the people of reputation to make peace between the two fighting groups. The point in the Ayat is that Allah ordered to make peace between the groups and it is easier for the people of reputation than the people of unacceptable opinions and the ones whom Allah made it easy for the fulfilling of a Wajib, the Wajib is more Wajib upon him than the one whom it was made difficult for.
5) The two groups can send a Hakam (arbitrator) from each side in order to make peace and I don’t think anyone disagreed with this except the Khawarij as the companions did this and the ones who disagreed were the Khawarij. And this incident is a benefit against those who reject Qiyas as Ibn Abbas and others did Qiyas for this from the Ayat about the marital problems and the companions were upon this.
6) The ones who contributed to the fighting between the Muslims and applauded it have contradicted the ruling of Allah which says “make peace between them” and have landed themselves in the Haraam.
7) The Muslim groups may have done mistakes but if they repent and come back to peace, they will be dealt with the justice of the Shariah and their rights will be given to them.
8) The command to fight the group that refuses the peace initiatives or does not respond, turning away from them.
9) The group that transgresses are to be fought in order to safeguard the blood, honor and wealth of the Muslims and the security of the Muslim lands which is the taking of a lesser evil in order to repel an evil that which is greater.
10) A people who say Laa ilaaha illallah have their blood safeguarded and its Haram to spill it yet there are exceptions where they can be fought and this is a hukm shar’i which most of the Muslims are ignorant of. In the time of Abu Bakr, no one understood it except him until he debated and won over the others.
11) Here we understand that the defensive fighting is not restricted to the disbelievers. Rather it is against anyone who transgresses the life, honor and wealth. And as for the offensive fighting, it is restricted to the disbelievers. And what gives more strength to this is that the Ayat about the defensive fighting does not mention the word disbelievers, but ordered to fight those who fight you and the Ayat about the offensive fighting orders to fight the disbelievers and does not mention their oppression towards the believers. So the reason for fighting in the defensive fight is to ward off oppression whoever it is from, and the reason for fighting the offensive fight is to ward of the Shirk and Kufr of the disbelievers. And this is from the miracles of the Quran that the wording does not state such while the Muslims at that time did not fight each other and the only ones who fought them were the disbelievers. Yet the wording mentions to fight the ones who fight the Muslims lest someone restricts it to be against the disbelievers only.
12) The command to fight is a command to fight and turning away from fighting the transgressing group is not considered zuhd or keeping away from fitna as some brothers would think. Rather fighting the transgressing group who refuses the peace initiatives is a Hukm Shar’i, revealed in the Quran and we believe it to be the best and the most just of rulings as it is from Allah.
13) If two Muslim groups fight, it is better to avoid the fitna and stay back from the fighting as Allah commanded “make peace between them both”. But if one group refuses the peace initiatives, then the ruling of Allah is that they be fought until they return to peace and this is the way out of fitna in this case. And one should know that the ruling of Allah is the best and it is what has most Zuhd unlike what some brothers think that fighting is the ruling of Allah, but its better and Zuhd to avoid it. Rather what Allah commanded is the best and that is what is from Zuhd as this religion would not contradict.
14) So here we understand two different phases with two different rulings.
a) When two groups of Muslims fight, then stay away from the fitna
b) If one group refuses the peace initiatives, then the way to get rid of the fitna of this group is to fight them until they return to peace. And this is the most wise and just of rulings.
15) The command to fight is until they return to peace as in the Ayat: “until it returns to the ordinance of Allah” So whoever from them drops his arms and turns himself in or runs away is not to be chased and killed. Rather they will be dealt with the Shariah and have the right to defend themselves infront of it. This is as Allah commanded to fight them until they return to peace and did not order to go beyond that.
16) The command to fight here in the Ayat is in order to repel the evil and fitna of this group, hence fighting should be as such. It should not exceed this and go on seeking their wealth as Ghanima or their women and children as slaves.
17) Allah labeled this group as Bughat who transgress after the peace initiative. (Faqaatilu llati TABGHI)
18) They carried this Hukm of being Bughat as a group. The sincere ones who were mistaken will be raised according to their intentions as is known in Hadith.
19) That the Bughat are different to the Muharibin mentioned in another Ayat as both groups are to be punished differently with the Muharibin getting a stricter punishment. The difference between the two groups is that the Bughat have a Ta’weel by which they justify their actions and this shows that a Ta’weel by which these people fight and shed the blood of the Muslims is not a justification of not fighting them due to the presence of this Ta’weel. This is as the lesser evil of fighting against this group is picked inorder to repel the greater evil that which they spread on Earth.