🚫 Prohibited Transactions: The ❌ Sale of ARMS in Islamic Jurisprudence

An insightful exploration into why the sale of arms or warlike stores to rebels is forbidden in Islamic law. Understand the implications and nuances stated in classical texts like Hamilton's Hidāyah.

Understanding Islamic Prohibition on Selling Arms to Rebels

Comprehensive Definition:

In Islamic jurisprudence, the sale of arms or warlike stores to rebels is explicitly forbidden. This prohibition stems from the ethical stance that providing arms to those in rebellion is seen as aiding defection and supporting disorder, which contradicts Islamic principles of justice and societal harmony.

Etymology:

  • Arabic: The term ‘arms’ translates to أسلحة (asliha). The concept of selling arms (بيع الأسلحة, bayʿ al-asliha) to rebels involves the legal ethical domain of transactions involving weapons.
  • Hidāyah: Derives from an Arabic legal manuscript, commonly referring to الهداية, a classical Hanafi legal manual.

Background:

Hamilton’s Hidāyah is a comprehensive legal manual in Hanafi jurisprudence, documenting a vast number of legal rulings such as sales, trade, criminal law, and personal conduct. Volume II of this text explicitly addresses the implications of selling arms to insurgents.

Cultural Differences and Similarities:

  • In Islam: Selling arms to rebels is forbidden to prevent the spread of violence and ensure societal peace.
  • Other Traditions: Various religious traditions and national laws hold similar ethical stances, although the nuances and prohibition levels may vary.

Synonyms:

  • Prohibited Transactions
  • Forbidden Sales
  • Unlawful Dealings

Antonyms:

  • Permissible Transactions
  • Lawful Sales
  • Hijrah (هجرة): The migration undertaken by the Prophet Muhammad and his followers.
  • Sharia (شريعة): The Islamic legal system derived from the Qur’an and Hadith.
  • Fiqh (فقه): Islamic jurisprudence, the human understanding, and practices derived from Sharia.

Exciting Facts:

  • Hamilton’s Hidāyah: Known as one of the most influential legal texts in Sunni Islam, guiding classical rulings.
  • Legal Translations: Assisted the western world by translating significant Islamic texts for academic and legal insights.

Quotations from Notable Writers:

"…the sale of armour or warlike stores to rebels is forbidden, because selling arms into the hands of rebels is an assistance to defection." — Hamilton’s Hidāyah, vol. ii. 225.

Suggested Literature and Other Sources for Further Studies:

  • “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee
  • “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
  • “The Ordinances of Government” by Al-Mawardi
  • Hamilton’s Hidāyah in multiple volumes

Quizzes & Explanations:

### Why is the sale of arms to rebels forbidden in Islamic law? - [x] It is seen as aiding defection - [ ] It is too expensive - [ ] It is discouraged but still acceptable - [ ] It is a cultural preference > **Explanation:** In Islamic law, providing arms to rebels is seen as supporting defection and disorder, which runs contrary to principles of maintaining social justice and order. ### What does 'Hidāyah' refer to in the context of Islamic jurisprudence? - [x] A classical Hanafi legal manual - [ ] A type of weaponry - [ ] A prophetic saying - [ ] An ancient city > **Explanation:** 'Hidāyah' refers to a well-known Hanafi legal manual that includes various rulings, including the prohibition on selling arms to rebels. ### True or False: Selling materials for making arms to rebels is also forbidden in Islamic law? - [ ] True - [x] False > **Explanation:** According to Hamilton's Hidāyah, it is not forbidden to sell the materials for making arms to rebels, though selling the arms themselves is prohibited.

Reflecting on this reading brings us full circle with an understanding rooted in both ethical stance and legal heritage. 🕊

With respect, Omar Al-Karim 2023-11-01

Sunday, June 16, 2024

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