تقسيم الجهاد إلى طلبٍ ودفع في ضوء مقاصد التشريع الجزئية

Abstract

This study aims to elucidate the true nature of the classical division of jihad into offensive (ṭalab) and defensive (dafʿ) forms, to articulate the partial (jurisprudential) objectives distinctive to each category, and to demonstrate how these differing objectives lead to substantive divergences in related legal rulings. The research thereby addresses the central question of whether this division constitutes a legally operative distinction upon which rulings are constructed, rather than being a merely descriptive or inductive classification. The study adopts an analytical and descriptive approach, supported by inductive examination of juristic texts and evidences. The study concludes that the division of jihad into ṭalab and dafʿ is a substantive and consequential classification grounded in real differences of context and objective.

The divergence in the partial objectives of each type directly influences the divergence of their legal rulings in numerous issues. The originality of this research lies in its simultaneous treatment of the foundational principles of the ṭalab–dafʿ dichotomy and its systematic linkage of partial objectives with juristic rulings. This approach clarifies how differing objectives generate differing legal outcomes and demonstrates the extent to which the rulings of offensive and defensive jihad legitimately diverge.