Bukhari

Hadith Commentary:
This is that magnificent testament of Amir al-Mu’minin, Hazrat Umar al-Faruq radi Allahu anhu, upon which Islam will always take pride.
From this, it is evident that the objective of Islamic jihad is by no means to annihilate or oppress non-Muslim nations.
Yet, some prejudiced individuals have made Islam a target of criticism regarding jihad.
In response to them, Khatib al-Islam Hazrat Maulana Abdur Rauf Sahib Jhandanagri, Administrator of Jamia Siraj al-Ulum, Jhandanagar, Nepal, has graciously written a detailed treatise.
We present it here with gratitude to Maulana.
By studying it, readers will greatly enhance their understanding of Sahih al-Bukhari.
Maulana writes:
“Due to ignorance of the concept of jihad, European orientalists object that jihad is the name of forcibly converting non-Muslims to Islam.
Even if those non-Muslims have not wronged Muslims or shown any enmity towards them, the Europeans act with utter falsehood and slander.
Because with the slightest reflection, this objection is proven false and baseless.
This detail is present in Surah al-Anfal and Surah al-Baqarah.
From which it is clearly evident that there is no compulsion in religion.
In reality, those unfamiliar with the Qur’anic verses regarding fighting and warfare with the disbelievers, polytheists, Jews, and Christians, due to a superficial reading, develop the misunderstanding that Islam is the enemy of all religions.
But this misunderstanding arises from ignorance of the context of these verses.
The reality is that there are two types of non-Muslims: one, those who are hostile to Islam and Muslims and are their enemies; the other, those who have no enmity or hostility towards Muslims.
There are separate rulings for both.
Those non-Muslims who are not enemies of Muslims and do not seek to harm them have a different ruling.
There is no prohibition against worldly relations and good conduct with them.
It is stated:
﴿لَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ (8)
إِنَّمَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُمْ مِنْ دِيَارِكُمْ وَظَاهَرُوا عَلَى إِخْرَاجِكُمْ أَنْ تَوَلَّوْهُمْ وَمَنْ يَتَوَلَّهُمْ فَأُولَئِكَ هُمُ الظَّالِمُونَ﴾ (al-Mumtahanah: 8,9)
“That is, those who do not fight you because of religion and do not expel you from your homes, Allah does not forbid you from showing them kindness and acting justly towards them.
Allah only forbids you from befriending those who fight you because of religion, and who have expelled you from your homes, and who have helped others in your expulsion. Whoever befriends such people, they are among the wrongdoers.”
And as for those non-Muslims who harbor enmity towards Muslims and seek to destroy, burn, and ruin them, befriending them is absolutely forbidden, and in response to their killing, the rulings of fighting and retaliation exist.
But even in such warfare, oppression and excess are prohibited.
It is stated:
﴿وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ﴾
“And fight in the way of Allah those who fight you, but do not transgress. Indeed, Allah does not love the transgressors.”
Hafiz Ibn Hajar rahimahullah has summarized the details regarding jihad as follows:
Jihad with the enemy by sword and weapon is only necessary when the disbelievers openly adopt an attitude of excess and enmity towards Muslims.
Imam Ibn Taymiyyah rahimahullah has explicitly stated in “Majmu‘ah Rasā’il” under “Qital al-Kuffar” that the Qur’an says: “There is no compulsion in religion.”
So if the disbeliever were to be killed until he accepts Islam, this would be the greatest form of compulsion in religion.
Thus, if the legal ruling were that if a disbeliever does not become Muslim, he should be killed, then what greater form of coercion and compulsion upon religion could there be?
The purpose of Islam is not merely to kill disbelievers and seize their wealth and property; rather, the meaning of jihad is the establishment of Islam, which is the true religion, and in reality, the balance and moderation of religion and worldly affairs is inherent in the system of Islam.
The aim is to make this system prevalent throughout the world.
As it is stated:
﴿الَّذِينَ آمَنُوا يُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالَّذِينَ كَفَرُوا يُقَاتِلُونَ فِي سَبِيلِ الطَّاغُوتِ فَقَاتِلُوا أَوْلِيَاءَ الشَّيْطَانِ إِنَّ كَيْدَ الشَّيْطَانِ كَانَ ضَعِيفًا﴾
In the same sense, it is stated elsewhere:
﴿وَقَاتِلُوهُمْ حَتَّى لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ فَإِنِ انْتَهَوْا فَلَا عُدْوَانَ إِلَّا عَلَى الظَّالِمِينَ﴾ (al-Baqarah: 193)
“That is, fight them until there is no more fitnah (persecution) and religion is for Allah alone.
If they desist, then there is to be no aggression except against the wrongdoers.”
If the purpose of Islam were merely the fighting of disbelievers, then why would women, children, the elderly, the disabled, and reclusive monks be exempted from the command of fighting? For the cause of disbelief is common to all.
Whereas the statement of the Messenger of Allah sallallahu alayhi wa sallam, as narrated from Hazrat Jabir radi Allahu anhu, is as follows: «لَا تَقْتُلُوا ذُرِّيَّةً وَلَا عَسِيفًا ولاشیخا فانیا ولاطفلا صغیراً ولا امراة»
That is, do not kill small children, laborers taken by force, the weak and elderly, minor boys, and women.
(al-Siyasah al-Shar‘iyyah, p. 51; and Muwatta’ Ma‘a Musawwa, vol. 2, p. 132)
Similarly, Amir al-Mu’minin Hazrat Abu Bakr radi Allahu anhu said to the commander of the army, Usamah radi Allahu anhu, “See, do not be treacherous, do not deceive, do not cut off the hands and feet of the enemy, do not kill small children, the elderly, and women, and do not harm those who have devoted their lives to worship in monasteries and churches.”
(Siddiq Akbar, authored by Maulana Saeed Ahmad Akbarabadi, referencing Tabari, p. 329)
Shaykh al-Islam Imam Ibn Taymiyyah rahimahullah, after quoting this hadith, writes that if the dominance of disbelief becomes a cause of fitnah, then fighting is necessary to end the fitnah, otherwise not.
He states:
“Whoever does not prevent Muslims from establishing the religion of Islam, then the harm of his disbelief is only upon himself.” (al-Siyasah al-Shar‘iyyah, Ibn Taymiyyah, p. 59)
Jizyah is also for the purpose of acknowledging the authority and supremacy of Islam; otherwise, the mere collection of tax and jizyah was never the objective of Islam.
Hazrat Umar ibn Abd al-Aziz rahimahullah dismissed the governor of Khurasan, Jarrah ibn Abdullah, because he, seeing a decrease in jizyah, said to the new Muslims, “You have accepted Islam only to escape jizyah.”
When this reached Hazrat Umar ibn Abd al-Aziz, he dismissed the governor and wrote a golden statement: “Hazrat Muhammad, the Messenger of Allah sallallahu alayhi wa sallam, was sent to the world to call to the truth.
He was not sent as a collector of tax and jizyah.”
(al-Bidayah wa’l-Nihayah, vol. 9, p. 188)
“In any case, the purpose of Islam in attaining authority and dominance is only so that balance and moderation in religion and worldly affairs, and peace and security, may be established, and through the system of Islam, the nations of the world may have the opportunity to live with tranquility of heart and peace and stability.”

Hadith Commentary:
The jizyah that is obtained from the dhimmis (non-Muslim citizens under Muslim rule) in exchange for their protection is distributed among the Muslims and spent on their needs. Therefore, it was necessary to fulfill the covenants and agreements that the Messenger of Allah (sallallahu alayhi wa sallam) made with the dhimmis in a good manner.

In one narration it is stated:
"Do not burden them beyond their capacity."
(Sahih al-Bukhari, al-Jana'iz, Hadith: 1392)

This narration requires that only as much jizyah be taken from the dhimmis as they are able to bear.
(Fath al-Bari: 6/322)