jihad and the islamic law of war - The Royal Islamic Strategic ...

jihad and the islamic law of war
Having said that, traditional Islam has recognized three
ways in which a ruler may legitimately come to power: (1)
through receiving the allegiance of ahl al-hall wa’l-aqd; (2) by
being chosen as a successor by the previous ruler; (3) or by
force, on the condition that this is not to unseat a legitimate
ruler but rather occurs in the absence of one. Ahl al-hall
wa’l-aqd literally means “people who untie and bind” or
those with the authority to contract agreements. In the
Islamic context they are those with religious and politically
authority, namely the ulama and others who are the de facto
representatives of the interests of the people.
Imam al-Nawawi said of political rulers, “As for rising
up against them and fighting them, this is forbidden by
the consensus of Muslims, even if they are sinful
tyrants (fasiq, zalim) … The scholars have said that the
reason why one should not separate from him and why
it is forbidden to rise against him is the resulting strife,
bloodletting, and corruption.” 27 This statement reflects
the general consensus amongst traditional scholars, which
is based on hadith of the Prophet such as,
After me there will be rulers (a’immah, sing. imam)
who will not follow my guidance or practice myWont
(sunnah).Among them men will rise with the hearts of
devils and the bodies of men.” He was asked, “What
should we do if we encounter that?” He said, “Listen
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