Is there liability for property destroyed by apostates during active warfare when they possessed no secure stronghold?

General Chapter

Al-Mughni

Book of Fighting Rebellious Groups

Book 49 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is a potential view that Ahmad's statement regarding liability for property applies only to what remained in their possession, or applies only to those who caused destruction without possessing a secure stronghold (*man'a*), or destruction occurring outside of actual warfare. If destruction occurred during warfare, there is no liability for them, drawing an analogy with rebels (*Ahl al-Bughat*) whose liability is waived to prevent deterring their return to obedience. This latter justification is deemed even stronger for those who left Islam, as waiving liability prevents them from becoming entrenched as defiant infidels in their territory, likening them to active belligerents (*Ahl al-Harb*).

Supporting text

This interpretation, which suggests waiving liability for property destroyed in conflict, would make the view of Ahmad consistent with that of Al-Shafi'i regarding this specific aspect, which is deemed the most equitable and sound position.