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Art. XIX.—Of Jihad in Mohammedan Law, and its application to British India
Published online by Cambridge University Press: 15 March 2011
Extract
The term Jihad is technically applied to warfare carried on for the propagation of the Mohammedan religion. As such warfare is unlawful, unless the people against whom it is about to be waged have been first summoned to embrace the faith, this summons has entered into the legal definition of the term. Jihadis accordingly defined to be a call to the true religion, and war with those who refuse to accept it in their persons or property,—that is, by professing the faith themselves, or by submitting to pay the jizyut or poll-tax, by means of which they are rendered free to the open profession of their own religion.
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References
page 401 note 1 Futawa Alum-geeree, vol. ii., p. 266.
page 401 note 2 Hamilton's Hedaya, vol. ii., p. 141.
page 401 note 3 Shuraya-ool-Islam, p. 136.
page 402 note 1 Fut. Alum., vol. ii., p. 266.
page 402 note 2 Hedaya, vol. ii., p. 170.
page 403 note 1 Hedaya, vol. ii., p. 140.
page 404 note 1 Hidayah (original), vol. ii., p. 715.
page 405 note 1 Kifayah, vol. ii., p. 762.