Transliteration:( Innal lazeena aamanoo wa haajaroo wa jaahadoo bi amwaalihim wa anfusihim fee sabeelil laahi wallazeena aawaw wa nasarooo ulaaa'ika ba'duhum awliyaaa'u ba'd; wallazeena aamanoo wa lam yuhaajiroo maa lakum minw walaayatihim min shai'in hatta yuhaajiroo; wa inistan sarookum fid deeni fa'alaiku munnasru illaa 'alaa qawmin bainakum wa bainahum meesaaq; wallaahu bimaa ta'maloona Baseer )
161. From this there is a hint that in Islamic law a Muhajir emigrant is he who leaves his home and possessions for the sake of Allah Almighty ? and His Beloved Prophet and not for any other purpose.
The same is the commandment regarding Holy war, ie one who wages war gainst the infidels solely for the sake of Allah Almighty and His Beloved Prophet
is Mujahid crusade . Those who fight a national or territorial war are not
Mujahids Holy War can be with your life as well as with your wealth.Â
162. This verse has been abrogated from the verse on inheritance. The Muhajir and the Ansaar were heirs among themselves even if there had been no blood relation between them, and a non-immigrant father was not the heir of an emigrant son. Now this law does not exist anymore. Now inheritance will be received only on the basis of blood-ties, on condition that there is no difference of religion between them
163. From this we learn that in the beginning there were two conditions for receiving inheritance. Unity of religion and migration. The following verse abrogated this: "And the blood relations are nearer to one another." (S8:V75). It should be remembered that this abrogation came about after the conquest of Makkah when migration was no longer obligatory (Tafseer Ruhul Bayaan).Â
164. From this emerge three issues:Â
1. If a non-emigrant believer engaged in holy war against any infidels requests your assistance you should accede to his request. Thus it is the duty of every Muslim to give assistance to his believing brother who is involved in a religious war against the infidels.Â
2. It is obligatory to give assistance in holy war, and not only in wordly quarrels.
3. If the Muslims are at war with that infidel nation with whom you have a bilateral treaty you will not give assistance against them, as this will amount to breach of promise. The right thing for you is to try and bring about peace between them. If this is not possible than you should remain neutral. Allah Almighty be Praised! What a beautiful teaching!
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72. Verily, those who believed, and emigrated and strove hard and fought with their property and their lives in the cause of Allah as well as those who gave (them) asylum and help, — these are (all) allies to one another. And as to those who believed but did not emigrate, you owe no duty of protection to them until they emigrate, but if they seek your help in religion, it is your duty to help them except against a people with whom you have a treaty of mutual alliance; and Allah is the All-Seer of what you do.
Here Allah mentions the types of believers, dividing them into the Muhajirin, who left their homes and estates, emigrating to give support to Allah and His Messenger to establish His religion. They gave up their wealth and themselves in this cause. There are also the Ansar, the Muslims of Al-Madinah, who gave asylum to their Muhajirin brethren in their own homes and comforted them with their wealth. They also gave aid to Allah and His Messenger by fighting alongside the Muhajirun. Certainly they are,
(allies to one another), for each one of them has more right to the other than anyone else. This is why Allah’s Messenger forged ties of brotherhood between the Muhajirin and Ansar, as Al-Bukhari recorded from Ibn `Abbas. They used to inherit from each other, having more right to inheritance than the deceased man’s relatives, until Allah abrogated that practice with the fixed share for near relatives. Imam Ahmad recorded that Jarir bin `Abdullah Al-Bajali said that the Messenger of Allah said,
(The Muhajirun and Al-Ansar are the supporters of each other, while the Tulaqa’ of Quraysh (whom the Prophet set free after conquering Makkah) and `Utaqa’ from Thaqif (whom the Prophet set free from captivity after the battle of Hunayn) are supporters of each other until the Day of Resurrection. )
Only Ahmad collected this Hadith.
Allah praised the Muhajirin and the Ansar in several Ayat of His Book and His Messenger (also praised them too). Allah said,
(And the foremost to embrace Islam of the Muhajirun and the Ansar and also those who followed them exactly. Allah is well-pleased with them as they are well-pleased with Him. He has prepared for them gardens under which rivers flow (Paradise).)﴿9:100﴾, k
(Allah has forgiven the Prophet, the Muhajirin and the Ansar who followed him in the time of distress.) ﴿9:117﴾, and,
((And there is also a share in this booty) for the poor Muhajirin, who were expelled from their homes and their property, seeking bounties from Allah and (His) good pleasure, and helping Allah and His Messenger. Such are indeed the truthful. And those who, before them, had homes (in Al-Madinah) and adopted the faith, love those who emigrate to them, and have no jealousy in their breasts for that which they have been given, and give them (emigrants) preference over themselves even though they were in need of that) ﴿59:8-9﴾.
The best comment on Allah’s statement,
(…and have no jealousy in their breasts for that which they have been given) is that it means, they do not envy the Muhajirin for the rewards that Allah gave them for their emigration. These Ayat indicate that the Muhajirin are better in grade than the Ansar, and there is a consensus on this ruling among the scholars.
Allah said,
(And as to those who believed but did not emigrate, you owe no duty of protection to them until they emigrate,) ﴿8:72﴾.
This is the third category of believers, those who believed, but did not perform Hijrah and instead remained in their areas. They do not have any share in the war booty or in the fifth ﴿designated for Allah and His Messenger, the relatives of the Prophet , the orphans, the poor and the wayfarer﴾, unless they attend battle.
Imam Ahmad recorded that Buraydah bin Al-Hasib Al-Aslami said, “When the Messenger of Allah would send a commander with an expedition force or an army, he would advise him to have Taqwa of Allah and be kind to the Muslims under his command. He used to say,
(Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah. When you meet your Mushrik enemy, then call them to one of three choices, and whichever they agree to, then accept it and turn away from them. Call them to embrace Islam, and if they agree, accept it from them and turn away from them. Then call them to leave their area and come to areas in which the Muhajirin reside. Make known to them that if they do this, they will have the rights, as well as, the duties of the Muhajirin. If they refuse and decide to remain in their area, make known to them that they will be just like Muslim bedouins, and that Allah’s law applies to them just as it does to all believers. However, they will not have a share in the war booty or Fai’ (booty without war), unless they perform Jihad along with Muslims. If they refuse all of this, then call them to pay the Jizyah, and if they accept, then take it from them and turn away from them. If they refuse all these ﴿three﴾ options, then trust in Allah and fight them.)
Muslim collected this Hadith.
Allah said next,
(But if they seek your help in religion, it is your duty to help them.)
Allah commands, if these bedouins, who did not perform Hijrah, ask you to aid them against their enemy, then aid them. It is incumbent on you to aid them in this case, because they are your brothers in Islam, unless they ask you to aid them against disbelievers with whom you have a fixed-term treaty of peace. In that case, do not betray your treaties or break your promises with those whom you have treaties of peace. This was reported from Ibn `Abbas.
(8:72) Surely those who believed and migrated and strove hard in the way of Allah with their possessions and their lives, and those that sheltered and helped them – they alone are the true allies of one another. And those who believed but did not migrate (to Dar-al-Islam), you are under no obligation of alliance unless they migrate.[50] And should they seek help from you in the matter of religion, it is incumbent on you to provide help unless it be against a people with whom you have a pact.[51] Allah is cognizant of all that you do.
50. The above verse is an important provision in Islamic constitutional law. For it prescribes that any agreement on guardianship would be applicable exclusively to Muslims who are either the original inhabitants of the territory which has become Dar al-Islam (the Domain of Islam) or Muslims who have migrated to the Dar al-Islam. As to Muslims living outside the jurisdiction of the Islamic state, the bond of religious brotherhood would doubtlessly exist between them and Muslim residents of the Islamic state. The two groups, however, would not have the relationship of walayah (mutual alliance). Likewise, a walayah relationship would not exist between Muslims who do not migrate to Dar al-Islam but come to it as Muslim subjects of a non-Muslim state.
The Arabic word walayah denotes the relationship of kinship, support, succour, protection, friendship, and guardianship. In the context of the present verse the word signifies the relationship of mutual support between the Islamic state and its citizens, and between the citizens themselves. Thus, this verse lays down that in a political and constitutional sense, only those Muslims who live within the territorial boundaries of the Islamic state will enjoy the privileges of walayah (guardianship) of the Islamic state. As for Muslims who are settled in a non-Islamic state, they are excluded from its political and constitutional guardianship.
It is difficult to spell out in detail the implications of this rule. Just to give some idea of it. it should be pointed out that because they lack guardianship the Muslims of Dar al-Kufr (the Domain of Unbelief) cannot inherit the property of a deceased Muslim in the Islamic state. Nor may they act as guardians of Muslim citizens of an Islamic state. Nor is it lawful for a matrimonial contract to be made between Muslims, one of whom is living in an Islamic state and the other outside of it. Likewise, the Islamic state may not appoint to an office of authority those who have not surrendered their citizenship of the non-Islamic state. Above all, these provisions of Islamic law determine the foreign policy of the Islamic state. (Cf. Ibn Qudimah, al-Mughni, vol. 8, pp. 456-8 – Ed.) Since this clause restricts the role and control of the Islamic state over Muslims living within that state, the Islamic state is not obliged to look after the Muslims outside its domain. The following tradition embodies this point: ‘I am acquit of every Muslim living among the polytheists.’ (Abu Da’ud. ‘Jihad’, Bab al-Nahy’an, ‘katl man i’tasama bi al-Sujud – Ed.) Islamic law, therefore, strikes at the root cause of the conflict which bedevils the relationship between different nations. For, whenever a state tries to champion the cause of the minority living outside its territory, it gives rise to intricate problems which cannot be resolved even by a succession of wars.
51. The above verse makes it clear that the Muslims living outside the Islamic state have no political bond with the Islamic state. This verse, however, does emphasize that those Muslims are not free of the bond of religious brotherhood. If Muslims living in a non-Islamic state are persecuted and seek help from the Islamic state or its citizens, it is incumbent upon the latter to help the persecuted Muslims.
While helping one’s brethren-in-faith the Muslims are expected to act scrupulously. This help should be rendered without iritermitional oblioations and with due regard to the requirements of rnoral propriety.
If the Islamic state happens to be bound in a treaty relationship with a nation which inflicts wrong on Muslims, the oppressed Muslims will not be helped in a manner which is inconsistent with the moral obligations incumbent on the Islamic state as a result of that treaty .
The Qur’an uses the word mithaq for treaty. This expression is a derivative of an Arahic word which stands for trust and confidence. The expression, therefore, implies that the two parties trust each other, that there is no difference between-them irrespective of whether a no-war agreement has been formally, concluded or not.
The actual words of the verse “bainakum wa bainahum mithaq” (‘[unless there be] a pact between you and them’) make it plain that the treaty concluded by the Islamic state with a non-Muslim state does not merely bind the two governments. The moral obligations arising from that treaty are binding upon the Muslim nation as a whole including its individuals not to violate the obligations of the treaty into which an Islamic state has entered with some other state. However, it is only the Muslims of the Islamic state who are bound by the agreement signed by the Islamic state. Muslims living outside the Islamic state have no such obligations. This accounts for the fact that Abu Basir and Abu Jandal were not bound by the Hudaybiyah treaty concluded between the Prophet (peace he on him) and the Makkan unbelievers.
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