Are the rebel judge's rulings regarding liability (Daman) for damages incurred during the conflict or before valid?

General Chapter

Al-Mughni

Book of Fighting Rebellious Groups

Book 49 · Issue 9 · Bab 1

Open in Qurani

Primary text

If the rebel judge rules to waive liability for damages incurred by the rebels during the state of war, the ruling stands, as this is an area of ijtihad (juridical interpretation). If the ruling concerns damages incurred before the war began, it is invalid because it contradicts consensus. If the judge rules that the just rulers must bear liability for damages incurred by the rebels during the war, the ruling is invalid due to contradicting consensus. If the ruling imposes liability for damages incurred outside the state of war, the ruling stands.