"The mushrikun [infidels] of Dar al-Harb (the arena of battle) are of two types: First, those whom the call of Islam has reached, but they have refused it and have taken up arms. The amir of the army has the option of fighting them…in accordance with what he judges to be in the best interest of the Muslims and most harmful to the mushrikun… Second, those whom the invitation to Islam has not reached, although such persons are few nowadays since Allah has made manifest the call of his Messenger…it is forbidden to…begin an attack before explaining the invitation to Islam to them, informing them of the miracles of the Prophet and making plain the proofs so as to encourage acceptance on their part; if they still refuse to accept after this, war is waged against them and they are treated as those whom the call has reached…"
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Sources
Al-Mawardi an 11th Century Shafi`i jurist:Al-Mawardi, The Laws of Islamic Governance [al-Ahkam as-Sultaniyyah], (London, United Kingdom: Ta-Ha, 1996, p. 60)
https://en.wikiquote.org/wiki/Islamic_military_jurisprudence
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Islamic military jurisprudence
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