"The following is the teaching of the Hanafi school of Sunnis on the subject of Jihad, as given in the Hidayah...:-- "The sacred injunction concerning war is sufficiently observed when it is carried on by any one party or tribe of Muslims, and it is then no longer of any force with respect to the rest. It is established as a divine ordinance, by the word of God, who said in the Qurâan, âSlay the infidels,â and also by a saying of the Prophet, âWar is permanently established until the Day of Judgmentâ (meaning the ordinance respecting war). The observance, however, in the degree above mentioned, suffices, because war is not a positive injunction, as it is in its nature murderous and destructive, and is enjoined only for the purpose of advancing the true faith or repelling evil from the servants of God; and when this end is answered by any single tribe or party of Muslims making war, the obligation is no longer binding upon the rest, in the same manner as in the prayers for the dead-(if, however, no one Muslim were to make war, the whole of the Muslim, would incur the criminality of neglecting it) â and also because if the injunction were positive, the whole of the Muslims must consequently engage in war, in which case the materials for war (such as horses, armour, and so forth) could not be procured. Thus it appears that the observance of war as aforesaid suffices, except where there is a general summons (that is, where the infidels invade a Muslim territory, and the Imam for the time being issues a general proclamation requiring all persons to go forth to fight), for in this case war becomes a positive injunction with respect to the whole of the inhabitants, whether men or women, and whether the Imam be a just or an unjust person; and if the people of that territory be unable to repulse the infidels, then war becomes a positive injunction with respect to all in that neighbourhood; and if these also do not suffice it, then comes a positive injunction with respect to the next neighbours; and in same manner with respect to all the Muslims from east to west. The destruction of the sword is incurred by infidels, although they be not the first aggressors, as appears from various passages in the traditions which are generally received to this effect."
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Islamic lawTheologians from UzbekistanMuslims from UzbekistanReligious leaders from UzbekistanJurists from Uzbekistan
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Hidayah, vol. Ii., p. 140-153 quoted from T.P. Hughes, Dictionary of Islam, p. 244
https://en.wikiquote.org/wiki/Burhan_al-Din_al-Marghinani
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Burhan al-Din al-Marghinani
BurhÄn al-DÄ«n Abuâl-កasan âAlÄ« bin AbÄ« Bakr bin âAbd al-JalÄ«l al-FarghÄnÄ« al-MarghÄ«nÄnÄ« (Arabic: ۚ۱ÙŰ§Ù Ű§ÙŰŻÙÙ Ű§ÙÙ Ű±ŰșÙÙۧÙÙ) was an Islamic scholar of the school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day ) He died in 593/1197.
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