Answer:
Most Islamic jurists generally agree that the underlying cause for slaying
an enemy is their direct engagement in combat against Muslims. Certain
contemporary individuals have suggested that tax-paying citizens are
‘indirectly’ waging war against Muslims. However, there is no provision
within the history of Islamic jurisprudence or Sharī‘ah for ‘indirect’
engagement in combat. For instance, most jurists are in agreement that old
people and disabled individuals cannot be slain. However, these individuals
still contributed taxes to their governing authority even centuries ago. In
fact, because modern times have led to the clear distinction between
commoner and soldier, something not present in the past, it is far easier to
distinguish which individuals are directly engaged in combat.
Furthermore, if we examine this issue under the guise of common sense, we
find that individuals advocating the position under discussion are in fact
undermining their own argument. These individuals often claim that Muslims
can attack their enemies’ innocent civilians because our innocent civilians
are being attacked. They rationalize this by suggesting that because
innocent civilians pay taxes they are legitimate targets. However, if one
agrees with this argument, then how can we complain that Muslim innocent
civilians are being killed? After all, don’t our innocent civilians also pay
taxes like those of our ‘enemies’? Are we to presume that any individual
that paid Zakāh to the Islamic state in Madīnah was considered a legitimate
target for Islam’s enemies?
Finally,
it should be understood that taxes are usually a requirement of living under
any governing structure. Every person under that structure’s authority must
pay taxes. Since there are few places left in the world without governing
structures, if all tax-payers are legitimate targets, are we left to believe
that there are no innocent civilians left in the world? In my opinion, this
is an illogical suggestion. Individuals pay taxes for their welfare, which
includes many things besides the right to be protected by their state. To
engage in the slaying of innocent civilians is to make a mockery of Islam’s
most fundamental teachings regarding the sanctity of life.
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