As for singling out the People of the Book from the rest of the polytheists, that general ruling is, by unanimous agreement, restricted by the Almighty’s words:
“ …among those who were given the Scripture—until they pay the jizyah directly while humbled.” (al-Tawbah 9:29)
A detailed discussion of jizyah and its regulations will appear in the second section of this work.
These, then, are the pillars of war.
One of the well-known questions connected to this topic is the prohibition of carrying the Qur’an into enemy territory. The great majority of jurists rule that it is impermissible, for this is authentically reported from the Messenger of Allah—peace and blessings be upon him. Abū Ḥanīfah, however, allowed it when one travels in the company of trustworthy armies. Their dispute turns on whether the prohibition is a general command intended to remain general, or a general wording meant for a specific circumstance.
The Second Section
Chapter One: The Ruling of the Fifth of the Booty
The comprehensive treatment of this section is likewise confined to seven chapters:
- The ruling of the fifth (khums);
- The ruling of the remaining four-fifths;
- The ruling of the spoils called anfāl;
- The ruling concerning Muslim property found in the hands of the unbelievers;
- The ruling of conquered lands;
- The ruling of fayʾ revenues;
- The regulations governing jizyah and any wealth taken from the enemy by way of a peace settlement.
Chapter One
The Ruling of the Fifth of the Booty
The Muslims are agreed that whatever movable booty is taken by force from the Byzantines—other than land—is to be divided so that one-fifth goes to the Imam and four-fifths to those who captured it, in accordance with the Almighty’s words:
“Know that whatever spoils you acquire, one-fifth of it belongs to Allah and to the Messenger…” (al-Anfāl 8:41).
They have differed over the disposition of that one-fifth in four well-known opinions:
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The fifth itself is divided into five shares, exactly as the verse stipulates; this is the view of al-Shāfiʿī.
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It is divided into four shares only, the phrase “…one-fifth of it belongs to Allah…” being merely an opening clause and not indicating an additional, fifth allotment.