Talk:Burhan al-Din al-Marghinani

Deleted quotes

Rupert loup has deleted all well sourced quotes from the article except one single quote, and has removed all quotes related to rules about the treatment of infidels, about war and similar topics.

See the previous version here

This is a 12th-century legal manual, that is a text of the Sharia. This seems like whitewashing of notable topics and quotes. User:DanielTom has said in a similar case that attempts to make Wikiquote Sharia-compatible are a form of vandalism.

Rules about war are a notable subject of this text, and one that has been quoted in many texts, also by non-muslim scholars.

And this source says "Al-Hidayah fi Sharh Bidayat al-Mubtadi by Burhan al-Din al-Marghinani A compendium of Hanafi jurisprudence. There are two translations of this work available. An Old tranalation commissioned by the British Empire and done by Charles Hamilton which covers pretty much the whole work, but excludes sections on acts of worship, war, criminal laws and slavery etc. A new translation by Imran Ahsan Khan Nyazee that is not complete yet but covers some parts missed in the original translation." https://islam.meta.stackexchange.com/questions/2934/list-of-islam-related-books-in-english

which indicates that the translations are not complete, but ections on acts of worship, war, criminal laws and slavery etc. have still been translated, and quoted also by scholars.

Further, these sources say:

The Hidayah is quite explicit about the legality of Jihad (holy war) against infidels even when they have not taken the offensive.
Mujeeb, M., The Indian Muslims, London, 1967. p. 68

The Fateh - ul - Qadir comment on the Hidaya also states that the object of Jihad is not only to test his creatures but also to give glory to Islam and prevent Mobammedans from being oppressed by non - believers.
A Treatise on Jihad, Moulvi Abu Said Mohammed Husain, 1887

The quotes are all properly sourced. Could Rupert loup tell us on the talkpage why he deleted them?

But not if she be refractory.—If a wife be disobedient or refractory and go abroad without her husband’s consent, she is not entitled to any support from him, until she return and make submission, because the rejection of the matrimonial restraint in this instance originates with her; but when she returns home, she is then subject to it, for which reason she again becomes entitled to her support as before. It is otherwise where a woman, residing in the house of her husband, refuses to admit him to the conjugal embrace, as she is entitled to maintenance, notwithstanding her opposition, because being then in his power, he may, if he please, enjoy her by force.
- The Hidaya (ref. 11, p. 141) Sheikh Burhanuddin Abi Al Hasan Ali Marghinani [1] [2]

Deleted quotes below

Book IX: Al Seyir, the Institutes (140-256)

Chapter IV : Of Plunder, and the Division thereof (159-182)

With regard to the ENSLAVING OF CAPTIVES, the author of the Hidayah says: “The Imam, with respect to captives, has it in his choice to slay them because the Prophet put captives to death and also because slaying them terminates wickedness; or, if he choose, he may make them slaves, because by enslaving them the wickedness of them is remedied, and at the same time the Muslims reap an advantage; or, if he please, he may release them so as to make them freemen and Zimmis… but it is not lawful so to release the idolaters of Arabia, or apostates… If captives become Muslims, let not the Imam put them to death; … but yet he may lawfully make them slaves, after their conversion…”
- Hidayah page 160 ff, quoted in Hughes, T.P., Dictionary of Islam, W.H. Allen & Co., London, 1885, page 597. Also quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11

Whoever slays an infidel is entitled to his personal property.
- page 181-182, Hedaya, Hamilton. Quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Chapter 5

Chapter VIII : Of Jizyat or Capitation tax (211-234)

The capitation tax is a species of punishment, inflicted upon infidels on account of their infidelity, whence it is termed Jizyat, which is derived from Jizya, meaning retribution... Capitation tax is a sort of punishment inflicted upon infidels for their obstinacy in infidelity... Whence it is that it cannot be accepted of the infidel if he send it by the hands of a messenger, but must be exacted in a mortifying and humiliating manner, by the collector sitting and receiving it from him in a standing posture; (according to one tradition), the collector is to seize him by the throat, and shake him saying ‘Pay your tax, Zimmee’... If a person becomes a Musulman, who is indebted for any arrear of capitation tax, such arrear is remitted. The Prophet has declared that ‘capitation tax’ is not incumbent upon Musulman. (Hence this) temporal punishment for infidelity is remitted in consequence of the faith... Capitation tax is due in lieu of assistance (in jihãd) with person and property; but as property is different with respect to being more or less, so in the same manner is its substitute (i.e. jizya) different... Capitation tax serves as an aid to the troops.
- The Hedaya, Book IX, Chapter 8. p 211 ff. Also quoted in Suhas Majumdar, Jihad, the islamic doctrine of permanent war, Appendix II.

As the tokens of Islam (such as public prayers, festivals, and so forth) appear in the cities, Zimmis should not be permitted to celebrate the tokens of infidelity there.
- page 219 [3] Also quoted Ram Swarup in Hindu Temples, what happened to them. Volume I, Chapter Five, A Need to Face the Truth, Ram Swarup, and Ram Swarup, Indian Express, June 18, 1989

If the Mussulmans subdue an infidel territory before any capitation tax be established, the inhabitants, together with their wives and children, are all plunder, and the property of the state, as it is lawful to reduce to slavery all infidels, whether they be Kitabees, Majoosees or idotters.
- page 213, Hedaya, Hamilton, Quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Chapter 5

An apostate is to be imprisoned for three days, within which time if he return to the faith, it is well : but if not, he must be slain, — It is recorded in the Jama Sagbeer that an exposition of the faith is to be laid before an apostate, and if he refuse the faith, he must be slain.
- Hedaya, Hamilton, II, 225-26, Also quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11

A female apostate must be daily beaten with severity until she return to the faith.
- Hedaya, Hamilton, II, 228. Also quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11

Book XVI : Of Sale

Malik and Shafi'i have said that their (i.e., the non-Muslim dhimmis) is absolutely inadmissible, because as infidels are unjust, it is requisite to be slow in believing anything they may advance. God having said (in the Koran) "When an unjust person tells you anything be slow in believing him"; whence it is that the evidence of an infidel is not admitted concerning a Mussulman; and consequently that an infidel stands (in this particular) in the same predicament with an apostate.... Besides, a dhimmi may be suspected of inventing falsehoods against a Mussulman from the hatred he bears to him on account of the superiority of the Mussulmans over him.
- Marghinian Ali ibn Abi Bakr, The Hedaya, or Guide-A Commentary on the Mussulman Laws, trans. Charles Hamilton (New Delhi, 1982), vol. 2, pp. 362-63. also quoted in Bostom, A. G. M. D., & Bostom, A. G. (2010). The Legacy of Jihad: Islamic Holy War and the Fate of Non-Muslims. Amherst: Prometheus.

The object, in the purchase of a female slave, is cohabitation and generation of children.
- page 409 [4] Hedaya, Hamilton, II, 409. Quoted in Lal, K. S. (1994). Muslim slave system in medieval India. New Delhi: Aditya Prakashan. Ch. 11

Book XLIV

A man may gratify his passion with his female slave in whatever way he pleases- It is lawful for a man to perform the act of Azil (i.e. coitus interruptus) with his female slave without her consent, whereas he cannot lawfully do so by his wife unless with her permission. –The reason of this is that the Prophet has forbidden the act of Azil with a free woman without her consent but has permitted it to a master in the case of his female slave. Besides, carnal connexion is the right of a free woman for the gratifying of her passion, and the propagation of children (whence it is that a wife is at liberty to reject a husband who is an eunuch or impotent); whereas a slave possesses no such right.—A man, therefore, is not at liberty to injure the right of his wife, whereas a master is absolute with respect to his slave. If, also, a man should marry the female slave of another, he must not perform the act of Azil with her without the consent of her master.
- The Hidaya p.600. [5] [6]

The Hidayah on war

The Hidayah, As attributed and quoted by T.P. Hughes. :Translation by Thomas Hughes in A Dictionary of Islam: Being a Cyclopaedia of the Doctrines, Rites, Ceremonies, and Customs, Together with the Technical and Theological Terms, of the Muhammadan Religion. W. H. Allen. 1885.

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 Qur’an, ‘Slay the infidels,’ and also by a saying of the Prophet, ‘War is permanently established until the Day of Judgment’ (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) – 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.
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 244

"It is not incumbent upon infants to make war, as they are objects of compassion; neither is it incumbent upon slaves or women, as the rights of the master, or of the husband, have precedence; nor is it so upon the blind, the maimed, or the decrepid, as such are incapable. If, however, the infidels make an attack upon a city or territory, in this case the repulsion of them is incumbent upon all Muslims, insomuch that a wife may go forth without consent of her husband, and a slave without the leave of his master, because war then becomes a positive injunction; and possession, either by bondage or by marriage, cannot come in competition with a positive injunction, as in prayer (for instance) or fasting. This is supposing a general summons; for without that it is not lawful for a woman or slave to go forth to make war without the consent of the husband or master, as there is in this case no necessity for their assistance, since others suffice, and hence no reason exists for destroying the right of the husband or master on that account. If there be any fund in the public treasury, so long as the fund lasts any extraordinary exaction for the support of the warriors is abominable, because such exaction resembles a hire for that which is a service of God as much as prayer or fasting, and, hire being forbidden in these instances, so is it in that which resembles them. In this case, moreover, there is no occasion for any extraordinary exactions, since the funds of the public treasury are prepared to answer all emergencies of the Muslims, such as war, and so forth. If, however, there be no funds in the public treasury, in this case the Imam need not hesitate to levy contributions for the better support of the warriors, because in levying a contribution the greater evil (namely, the destruction of the person) is repelled, and the contribution is the smaller evil, and the imposition of a smaller evil to remedy a greater is of no consequence. A confirmation of this is found in what is related of the Prophet, that he took various articles of armour, and so forth, from Safwan and ‘Umar; in the same manner also he took property from married men, and bestowed it upon the unmarried, in order to encourage them and enable them to go forth to fight with cheerfulness; and he also used to take the horses from those who remained at home, and bestowed them upon those who went forth to fight on foot. When the Muslims enter the enemy’s country and besiege the cities or strongholds of the infidels, it is necessary to invite them to embrace the faith, because Ibn ‘Abbas relates of the Prophet that he never destroyed any without previously inviting them to embrace the faith. If, therefore, they embrace the faith, it is unnecessary to war with them, because that which was the design of the war is then obtained without war. The Prophet, moreover, has said we are directed to make war upon men only until such time as they shall confess, ‘There is no God but one God.’ But when they repeat this creed, their persons and properties are in protection (aman). If they do accept the call to the faith, they must then be called upon to pay jizyah, or capitation tax, because the Prophet directed the commanders of his armies so to do, and also because by submitting to this tax war is forbidden and terminated upon the authority of the Qur’an. (This call to pay capitation tax, however, respects only those from whom the capitation tax is acceptable, or, as to apostates and the idolaters of Arabia, to call upon them to pay the tax is useless, since nothing is accepted from them but embracing the faith, as it is thus commanded in the Qur’an). If those who are called upon to pay capitation tax consent to do so, they then become entitled to the same protection and subject to the same rules as Muslims because ‘Ali had declared infidels agree to a capitation tax only in order to render their blood the same as Muslims’ blood, and their property the same as Muslims’ property.
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 244-5 also quoted in Bostom, A. G. M. D., & Bostom, A. G. (2010). The Legacy of Jihad: Islamic Holy War and the Fate of Non-Muslims. Amherst: Prometheus.

"It is not lawful to make war upon any people who have never before been called to the faith, without previously requiring them to embrace it, because the Prophet so instructed his commanders, directing them to call the infidels to the faith, and also because the people will hence perceive that they are attacked for the sake of religion, and not for the sake of taking their property, or making slaves of their children, and on this consideration it is possible that they may be induced to agree to the call, in order to save themselves from the troubles of war.
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 245

"If a Muslim attack infidels without previously calling them to the faith, he is an offender, because this is forbidden; but yet if he do attack them before thus inviting them and slay them, and take their property, neither fine, expiation, nor atonement are due, because that which protects (namely, Islam) does not exist in them, nor are they under protection by place (namely the Daru ‘l-Islam, or Muslim territory), and the mere prohibition of the act is not sufficient to sanction the exaction either of fine or of atonement for property; in the same manner as the slaying of the women or infant children of infidels is forbidden, but if, notwithstanding, a person were to slay such, he is not liable to a fine. It is laudable to call to the faith a people to whom a call has already come, in order that they may have the more full and ample warning; but yet this is not incumbent, as it appears in the Traditions that the Prophet plundered and despoiled the tribe of al-Mustaliq by surprise, and he also agreed with Asamah to make a predatory attack upon Qubna at an early hour, and to set it on fire, and such attacks are not preceded by a call. (Qubna is a place in Syria: some assert it is the name of a tribe).
- Hidayah, vol. Ii., p. 140 quoted from T.P. Hughes, Dictionary of Islam, p. 245

"If the infidels, upon receiving the call, neither consent to it nor agree to pay capitation tax, it is then incumbent on the Muslims to call upon God for assistance, and to make war upon them, because God is the assistant of those who serve Him, and the destroyer of His enemies, the infidels, and it is necessary to implore His aid upon every occasion; the Prophet, moreover, commands us so to do. And having so done, the Muslims must then with God’s assistance attack the infidels with all manner of warlike engines (as the Prophet did by the people of Ta’if), and must also set fire to their habitations (in the same manner as the Prophet fired Baweera), and must inundate them with water and tear up their plantations and tread down their grain because by these means they will become weakened, and their resolution will fail and their force be broken; these means are, therefore, all sanctified by the law."
- Hidayah, vol. Ii., p. 140 quoted from T.P. Hughes, Dictionary of Islam, p. 245. also quoted in Bostom, A. G. M. D., & Bostom, A. G. (2010). The Legacy of Jihad: Islamic Holy War and the Fate of Non-Muslims. Amherst: Prometheus.

"It is no objection to shooting arrows or other missiles against the infidels that there may chance to be among them a Muslim in the way either of bondage or of traffic, because the shooting of arrows and so forth among the infidels remedies a general evil in the repulsion thereof from the whole body of Muslims, whereas the slaying of a Muslim slave or a trader is only a particular evil, and to repel a general evil a particular evil must be adopted, and also because it seldom happens that the strongholds of the infidels are destitute of Muslims, since it is most probable that there are Muslims residing in them, either in the way of bondage or of traffic, and hence, if the use of missile weapons were prohibited on account of these Muslims, war would be obstructed. If the infidels in time of battle should make shields of Muslim children, or of Muslims, who are prisoners in their hands, yet there is no need on that account to refrain from the use of missile weapons, for the reason already mentioned. It is requisite, however, that the Muslims in using such weapons aim at the infidels, and not at the children or the Muslim captives, because, as it is impossible in shooting to distinguish precisely between them and the infidels, the person who discharges the weapon must make this distinction in his intention and design by aiming at the infidels, and not at the others, since this much is practicable, and the distinction must be made as far as is practicable."
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 246

"If the Imam make peace with aliens, or with any particular tribe or body of them, and perceive it to be eligible for the Muslims, there need be no hesitation, because it is said in the Qur’an: ‘If the infidels be inclined to peace do ye likewise consent thereto,’ and also because the Prophet in the year of the punishment of Eubea, made a peace between the Muslims and the people of Mecca for the space of ten years; peace, moreover is war in effect where the interest of the Muslims requires it, since the design of war is the removal of evil, and this is obtained by means of peace: contrary to where peace is not to the interest of the Muslims, for it is not in that case lawful, as this would be abandoning war both apparently and in effect. It is here, however, proper to observe that it is not absolutely necessary to restrict a peace to the term above recorded (namely, ten years), because the end for which peace is made may be sometimes more effectually obtained by extending it to a longer term. If the Imam make peace with the aliens for a single term (namely, ten years), and afterwards perceive that it is most advantageous for the Muslim’s interest to break it, he may in that case lawfully renew the war after giving them due notice, because, upon a change of the circumstances which rendered peace advisable, the breach of peace is war, and the observance of it a desertion of war, both in appearance and also in effect, and war is an ordinance of God, and the forsaking of it is not becoming (to Muslims). It is to be observed that giving due notice to the enemy is in this case indispensably requisite in such a manner that treachery may not be induced, since this is forbidden. It is also requisite that such a delay be made in renewing the war with them, as may allow intelligence of the peace being broken off to be universally received among them, and for this such a time suffices as may admit of the king or chief of the enemy communicating the same to the different parts of their dominion, since by such a delay the charge of treachery is avoided.".."If the infidels act with perfidy in a peace, it is in such case lawful for the Imam to attack them without any previous notice, since the breach of treaty in this instance originates with them, whence there is no occasion to commence the war on the part of the Muslims by giving them notice. It would be otherwise, however, if only a small party of them were to violate the treaty by entering the Muslim territory and there committing robberies upon the Muslims, since this does not amount to a breach of treaty. If, moreover, this party be in force so as to be capable of opposition, and openly fight with the Muslims, this is a breach of treaty with respect to that party only, but not with respect to the rest of their nation or tribe, because, as this party have violated the treaty without any permission from their prince, the rest are not answerable for their act; whereas if they made their attack by permission of their prince, the breach of treaty would be regarded as by the whole, all being virtually implicated in it.
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 247

"If the Imam make peace with the aliens in return for property, there is no scruple; because since peace may be lawfully made without any such gratification it is also lawful in return for a gratification. This, however, is only where the Muslims stand in need of the property thus to be acquired; for if they be not in necessity, making peace for property is not lawful, since peace is a desertion of war both in appearance and in effect. It is to be observed that if the Imam receive this property by sending a messenger and making peace without the Muslim troops entering the enemy’s territory, the object of disbursement of it is the same as that of jizyah or capitation-tax; that is, it is to be expended upon the warriors and not upon the poor. If, however, the property be taken after the Muslims have invaded the enemy in this case it is as plunder, one-fifth going to the Imam and the remainder to be divided among the troops, as the property has in fact been taken by force in this instance. It is incumbent on the Imam to keep peace with apostates, and not to make war upon them, in order that they may have time to consider their situation, since it is to be hoped that they may again return to the faith. It is, therefore, lawful to delay fighting with them in a hope that they may again embrace Islam; but it is not lawful to take property from them. If, however, the Imam should take property from them, it is not incumbent upon him to return it, as such property is not in protection. If infidels harass the Muslims, and offer them peace in return for property, the Imam must not accede thereto as this would be a degradation of the Muslim honour, and disgrace would be attached to all the parties concerned in it; this, therefore, is not lawful except where destruction is to be apprehended, in which case the purchasing a peace with property is lawful, because it is a duty to repel destruction in every possible mode."
- Hidayah, vol. Ii., p. 140 ff quoted from T.P. Hughes, Dictionary of Islam, p. 247-8

The Hidayah is quite explicit about the legality of Jihad (holy war) against infidels even when they have not taken the offensive.
- Mujeeb, M., The Indian Muslims, London, 1967. p. 68. [7] Also quoted in Lal, K. S. (1999). Theory and practice of Muslim state in India. New Delhi: Aditya Prakashan. Chapter 3 . Also quoted in Caliphs and Sultans: Religious Ideology and Political Praxis by S.S. Sharma. Also quoted in Islamic Culture, 38-40 Marmaduke William Pickthall, Muhammad Asad, Islamic Culture Board, Academic and Cultural Publications Charitable Trust (Hyderabad, India) 1979.

Being kafir is a defect in both ghulam and bandi as by nature the Musalman detests to associate with or keep company of a kafir.
- Ashraf-ul-Hidayah, Deoband, VIII, 138-39. (Ashraf-ul-Hidayah is an important Commentary of the Hidayah by a Hanafi Scholar Jamil (Jameel) Ahmad from the Indian Sub Continent), also in K.S. Lal Slave system in medieval india, 1994. Chapter 12.

He (Muhammad Ghauri) now possessed Alberuni's India and Burhanuddin's Hidayah, works which were not available to his predecessor invader. Alberuni's enecyclopedic work provided to the Islamic world in the eleventh century all that was militarily advantageous to know about India. Equally important was the Hidayah, the most authentic work on the laws of Islam compiled by Shaikh Burhanuddin Ali in the twelfth century. These and similar works, and the military manuals like the Siyasat Nama and Adab-ul-Harb, made the Ghauris and their successors better equipped for the conquest and governance of non-Muslim India. There need be no doubt that such works were made available, meticulously studied and constantly referred to by scholars attached to the courts of Muslim conquerors and kings.
- K.S. Lal, Theory and Practice of Muslim State in India (New Delhi: Aditya Prakashan, 1999), pp. 20-21. also quoted in Bostom, A. G. M. D., & Bostom, A. G. (2010). The Legacy of Jihad: Islamic Holy War and the Fate of Non-Muslims. Amherst: Prometheus.

The Fateh - ul - Qadir comment on the Hidaya also states that the object of Jihad is not only to test his creatures but also to give glory to Islam and prevent Mobammedans from being oppressed by non - believers.
- A Treatise on Jihad, Moulvi Abu Said Mohammed Husain, 1887

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“Fighting against the infidels who do not become converts to Islam and do not pay the capitation tax is incumbent, though they do not first attack.” ( KifÁya [Hidayah] quoted in Sell, pp.407-408).

- in Bhatnagar, V. S. (2020). Emperor Aurangzeb and Destruction of Temples, Conversions and Jizya : (a study largely based on his court bulletins or akhbārāt darbār muʻalla)

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