Written by: Imran Ayyub Lahori
It is obligatory to invite disbelievers to one of three matters before fighting:
① Accept Islam
② Pay Jizyah
③ Prepare for battle
It is narrated from Hazrat Buraidah رضي الله عنه that whenever the Messenger of Allah ﷺ appointed a commander over an army or a detachment, he would especially advise him to fear Allah and to treat his Muslim companions with goodness and kindness. After that, he would say:
"Go forth in the name of Allah, fight in His path against those who disbelieve in Allah. Fight, but do not commit treachery, do not deceive, do not mutilate, and do not kill children."
Then he ﷺ said:
وإذا لقيت عدوك من المشركين فادعهم إلى ثلاث خصال فأيتهن أجابوك إليها فاقبل منهم وكف عنهم
"When you meet your enemy from among the polytheists, then invite them to three things. Whichever of them they accept, accept it from them and refrain from fighting them."
First, invite them to Islam. If they accept it, then accept it from them. Then invite them to migrate from their homes to the land of the Muhajireen (Dar al-Islam). If they refuse, then inform them that they will have the status of Bedouin Muslims, and they will not have a share in war booty or spoils unless they join the Muslims in jihad. If they refuse this, then take Jizyah from them. If they accept, then accept it from them. But if they refuse, then seek help from Allah and fight them.
[Muslim: 1731, Musnad Ahmad: 215/5, Abu Ya‘la: 1413, Abu Dawud: 2612, Tirmidhi: 1408, Ibn Majah: 2858, Ibn Hibban: 4739, Tahawi: 206/3, Bayhaqi: 15/9, Ibn Jarood: 1042]
Hazrat Ibn Abbas رضي الله عنهما said:
ما قاتل رسول الله صلى الله عليه وسلم قوما قط إلا دعاهم
"The Messenger of Allah ﷺ never fought any people without first inviting them."
[Musnad Ahmad: 231/1, Hakim: 15/1, Abu Ya‘la: 2494, Abd bin Humaid: 697]
It is narrated:
أن النبى صلى الله عليه وسلم أغار على بني المصطلق وهم غارون
"The Prophet ﷺ attacked the Banu Mustaliq while they were heedless (unaware)."
[Bukhari: 2541, Kitab al-‘Itq: Bab man malaka min al-‘Arab raqiqan]
Ibn ‘Awn said: I wrote to Nafi‘ asking him about inviting before fighting, so he wrote back:
إنما كان ذلك فى أول الإسلام وقد أغار رسول الله صلى الله عليه وسلم على بني المصطلق وهم غارون فقتل مقاتلتهم وسبي ذراريهم
"That was only in the early period of Islam. The Messenger of Allah ﷺ raided the Banu Mustaliq while they were unaware. He killed their fighting men and captured their offspring."
[Muslim: 1730, Kitab al-Jihad wa’l-Siyar: Bab Jawaz al-Igharah ‘ala al-Kuffar alladhina balaghat-hum Da‘wat al-Islam min ghayr taqaddum i‘lam bi’l-Igharah]
❀ Malik رحمه الله: Inviting the disbelievers to Islam is obligatory, whether they have already received the invitation or not.
❀ Hanabilah: Inviting them is not obligatory in any case.
❀ Majority (Jumhoor): If the disbelievers have not yet received the invitation, then it is obligatory to invite them. Otherwise, it is recommended (mustahabb).
[Al-Fiqh al-Islami wa Adillatuhu: 3853/8, Al-Mughni: 29/13]
✔ The opinion of the Jumhoor is closer to the Hadith.
✔ Ibn al-Mundhir رحمه الله: The conflicting Ahadith are reconciled with the view of the Jumhoor.
[Nayl al-Awtar: 700/4]
✔ Imam al-San‘ani رحمه الله: This third opinion is the strongest.
[Subul al-Salam: 1760/4]
From the previous narrations, it is also established that Arabs can be taken as slaves. This is the view of the Jumhoor, Malikis, and Hanafis.
[Nayl al-Awtar: 701/4, Subul al-Salam: 1760/4]
It is obligatory to invite disbelievers to one of three matters before fighting:
① Accept Islam
② Pay Jizyah
③ Prepare for battle
① The Hadith of Buraidah رضي الله عنه
It is narrated from Hazrat Buraidah رضي الله عنه that whenever the Messenger of Allah ﷺ appointed a commander over an army or a detachment, he would especially advise him to fear Allah and to treat his Muslim companions with goodness and kindness. After that, he would say:
"Go forth in the name of Allah, fight in His path against those who disbelieve in Allah. Fight, but do not commit treachery, do not deceive, do not mutilate, and do not kill children."
Then he ﷺ said:
وإذا لقيت عدوك من المشركين فادعهم إلى ثلاث خصال فأيتهن أجابوك إليها فاقبل منهم وكف عنهم
"When you meet your enemy from among the polytheists, then invite them to three things. Whichever of them they accept, accept it from them and refrain from fighting them."
First, invite them to Islam. If they accept it, then accept it from them. Then invite them to migrate from their homes to the land of the Muhajireen (Dar al-Islam). If they refuse, then inform them that they will have the status of Bedouin Muslims, and they will not have a share in war booty or spoils unless they join the Muslims in jihad. If they refuse this, then take Jizyah from them. If they accept, then accept it from them. But if they refuse, then seek help from Allah and fight them.
[Muslim: 1731, Musnad Ahmad: 215/5, Abu Ya‘la: 1413, Abu Dawud: 2612, Tirmidhi: 1408, Ibn Majah: 2858, Ibn Hibban: 4739, Tahawi: 206/3, Bayhaqi: 15/9, Ibn Jarood: 1042]
② The Statement of Ibn Abbas رضي الله عنهما
Hazrat Ibn Abbas رضي الله عنهما said:
ما قاتل رسول الله صلى الله عليه وسلم قوما قط إلا دعاهم
"The Messenger of Allah ﷺ never fought any people without first inviting them."
[Musnad Ahmad: 231/1, Hakim: 15/1, Abu Ya‘la: 2494, Abd bin Humaid: 697]
An Apparent Contradictory Hadith
It is narrated:
أن النبى صلى الله عليه وسلم أغار على بني المصطلق وهم غارون
"The Prophet ﷺ attacked the Banu Mustaliq while they were heedless (unaware)."
[Bukhari: 2541, Kitab al-‘Itq: Bab man malaka min al-‘Arab raqiqan]
Ibn ‘Awn said: I wrote to Nafi‘ asking him about inviting before fighting, so he wrote back:
إنما كان ذلك فى أول الإسلام وقد أغار رسول الله صلى الله عليه وسلم على بني المصطلق وهم غارون فقتل مقاتلتهم وسبي ذراريهم
"That was only in the early period of Islam. The Messenger of Allah ﷺ raided the Banu Mustaliq while they were unaware. He killed their fighting men and captured their offspring."
[Muslim: 1730, Kitab al-Jihad wa’l-Siyar: Bab Jawaz al-Igharah ‘ala al-Kuffar alladhina balaghat-hum Da‘wat al-Islam min ghayr taqaddum i‘lam bi’l-Igharah]
Views of the Scholars on Inviting Before Fighting
❀ Malik رحمه الله: Inviting the disbelievers to Islam is obligatory, whether they have already received the invitation or not.
❀ Hanabilah: Inviting them is not obligatory in any case.
❀ Majority (Jumhoor): If the disbelievers have not yet received the invitation, then it is obligatory to invite them. Otherwise, it is recommended (mustahabb).
[Al-Fiqh al-Islami wa Adillatuhu: 3853/8, Al-Mughni: 29/13]
Preferred (Rajih) View
✔ The opinion of the Jumhoor is closer to the Hadith.
✔ Ibn al-Mundhir رحمه الله: The conflicting Ahadith are reconciled with the view of the Jumhoor.
[Nayl al-Awtar: 700/4]
✔ Imam al-San‘ani رحمه الله: This third opinion is the strongest.
[Subul al-Salam: 1760/4]
Additional Ruling: Enslavement of Arabs
From the previous narrations, it is also established that Arabs can be taken as slaves. This is the view of the Jumhoor, Malikis, and Hanafis.
[Nayl al-Awtar: 701/4, Subul al-Salam: 1760/4]