Fundamental Principles of Islamic Jurisprudence Derived from the Almighty's Saying: (فإذا انسلخ الأشهر الحرم فاقتلوا المشركين حيث وجدتموهم)

Abstract

Abstract

This study examines the principles of Islamic jurisprudence (Usul al-Fiqh) derived from a significant verse in the opening section of Surat al-Tawbah, commonly referred to as the Verse of the Sword, the Verse of Fighting, or the Verse of Jihad in the cause of Allah Almighty. The verse states: "Then, when the sacred months have passed, kill the polytheists wherever you find them" (Qur'an 9:5).

The study reviews the status of the sacred months in Islam, their historical origin, and their implications for Islamic legal rulings. It also examines the opinions of scholars of Usul al-Fiqh regarding the legal principles inferred from or supported by this noble verse, together with the strongest scholarly views.

The study aims to demonstrate the significance of the Verse of the Sword in discussions of legal theory and to clarify the categories of non-Muslims referred to in the verse by distinguishing between hostile disbelievers, protected non-Muslim citizens (dhimmis), treaty-bound non-Muslims, and those granted temporary protection (musta'mans).

The study adopts the inductive-analytical approach through an extensive review of classical works on Usul al-Fiqh, tracing scholars' discussions and applications of the verse and critically analyzing their opinions to reach sound academic conclusions regarding these juristic inferences.

The study concludes that the Noble Qur'an is the primary source of Islamic legislation and contains countless lessons and guidance that lead to success in both this world and the Hereafter. It also concludes that the Verse of the Sword occupies a prominent position in the writings of scholars of Usul al-Fiqh and serves as evidence in numerous foundational legal discussions.