, Mālik, Ahmad, and others—hold that the condition warranting combat against the rebellious faction was not met. Allah did not command that it be fought from the outset. Rather, He commanded that when two factions fight, reconciliation should first be made between them; then, if one transgresses against the other, the transgressing faction is to be fought. Yet these people were fought from the outset, before they themselves had initiated any fighting.

[The position of Abū Hanīfah, Ahmad, and others is that if those withholding zakāt say, “We (1) will discharge it ourselves and will not hand it over to the imam,” then he may not fight them.] (2)

For this reason, Ahmad and others—such as Mālik—regarded this fighting as fighting born of civil strife. Abū Hanīfah says that it is impermissible to fight rebels until they initiate fighting against the imam, and these people did not initiate it (3). [Rather, the Khawārij initiated it] (4). As for fighting the Khawārij, it is established by revealed text (5) and consensus.

If the defender (6) of Alī *) (7) says that [Alī] (8) exercised qualified independent judgment in that matter, his opponent replies that Muāwiyah likewise exercised qualified independent judgment [in that matter. If he says that Alī exercised qualified independent judgment and was correct, some people will reply that Muāwiyah likewise exercised qualified independent judgment] (9) and was also correct (10), on the principle that every qualified scholar who exercises independent reasoning is correct. This is the position of al-Asharī. Others say: