How can the shedding of blood in Islamic wars be reconciled with the noble Hadith, "For the Kaaba to be demolished stone by stone is lesser in the sight of Allah than for the blood of a Muslim to be shed," and what is the distinguishing factor, and is the Hadith authentic, with the exception of Jihad in the way of Allah?
This blood was not spilled except by interpretation, as its perpetrators deemed it correct. This is among the meanings of fitna. Therefore, the majority of scholars have stipulated that qisas (retribution) should not be applied in such cases. Al-Shafi'i narrated from Al-Zuhri that during the first fitna among the Companions of the Messenger of Allah, peace be upon him, no retribution was exacted for blood or property. Al-Maziri said that the wars between Mu'awiyah and Ali and what transpired between the Companions was based on interpretation and , and each believed that what they did was correct. This is similar to the اختلاف (disagreement) among the imams regarding some matters of blood that are based on ijtihad.
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Reviewed by El Fatwa's sharia committee.
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