Fiqh of Jihaad (5)

War in Islam is Never Holy; It can Only be Just or Unjust

Jihaad has its conditions and introductions

The idea of waging physical Jihaad against the kaafirs went through a number of stages, depending on the state in which the Muslim ummah was. Ibn al-Qayyim (may Allaah have mercy on him) said: “The first thing which his Lord revealed to him was to read in the name of his Lord who had created. That was the beginning of his Prophethood, where Allaah commanded him to recite to himself but He did not yet command him to convey that. Then He revealed the words (interpretation of the meaning: ‘O you (Muhammad) enveloped in garments! Arise and warn!’al-Muddaththir 74:1-2. So, he became a Prophet with the word ‘Iqra (Read!) and he became a Messenger with the words, ‘O you (Muhammad) enveloped in garments…’ Then Allaah commanded him to warn his closest kinsmen, then to warn his people, then to warn the Arabs around them, then to warn all the Arabs, then to warn all of mankind. He continued to call them for over ten years from the beginning of his Prophethood, without fighting or imposing the jizyah; he was commanded to refrain, to be patient and to be forbearing.

Then permission was given to him to migrate, and permission was given to him to fight. Then he was commanded to fight those who fought him, and to refrain from fighting those who left him alone and did not fight him. Then Allaah commanded him to fight the mushrikeen so that the religion would all be for Allaah. After Jihaad was enjoined upon him, the kaafirs then fell into three categories: those with whom there was a truce or peace treaty; those with whom he was at war; and those who lived under the rule and protection of the Islamic state.” (Zaad al-Ma’aad, 3/159)

Ibn Qudaamah (may Allaah have mercy on him) said: In order for Jihaad to be obligatory there are seven conditions:

  1. Being Muslim,
  2. Being an adult,
  3. Being of sound mind,
  4. Being free,
  5. Being male,
  6. Being physically sound and,
  7. Being able to afford it financially.

With regard to being Muslim, adult and of sound mind, these are essential conditions for all Islamic duties, because a kaafir is not to be trusted in Jihaad, an insane person cannot go for Jihaad and a child is physically weak. Ibn ‘Umar said: “I presented myself to the Messenger of Allaah (peace and blessings of Allaah be upon him) on the day of Uhud when I was fourteen years old, and he did not let me join the fighting.” Agreed upon. … With regard to being male, this is stipulated because of the report narrated from ‘Aa’ishah who said: “O Messenger of Allaah, do women have to engage in Jihaad? He said: “Jihaad in which there is no fighting: Hajj and ‘Umrah.” And because women are not able to fight because they are (physically) weak. al-Mughni, 9/163. All of this has to do with Jihaad in cases where the enemy has not invaded the Muslim land, in which case Jihaad becomes obligatory on every able-bodied person, man or woman, and a woman may then go out without her husband’s permission. Q9:41, 9:120, Badaa’i’ al-Sanaa’i’, 7/98, al-Sharh al-Sagheer, one of the Maaliki books (2/274)

Nevertheless, among its basic conditions is to be in agreement to return to Quran and Sunnah in rulings. If not, when the group go to fight, they will surely find disagreement among themselves in matters of their faith and the basics of Islam, then, lose strength.  If the Amirs exist today and the common understanding of Islam does not exist among them then they will turn against one another and fight each other. They must be all for one methodology and one understanding.

There cannot be an Islamic state without proper understanding of the religion and achieving eemaan(faith) and Tawheed, and ridding ourselves of shirk, as Allaah says:“Allaah has promised those among you who believe and do righteous good deeds, that He will certainly grant them succession to (the present rulers) in the land, as He granted it to those before them, and that He will grant them the authority to practice their religion which He has chosen for them (i.e. Islam). And He will surely, give them in exchange a safe security after their fear (provided) they (believers) worship Me and do not associate anything (in worship) with Me” Q24:55.

To this end, maltreatment of a Muslim or killing of a Muslim in any part of the world should be a concern for other Muslims around the world, otherwise faith checkup is recommended because the honored Prophet (blessings and peace of Allah be upon him) said: “example of brothers (believers) in their affection, mercy, and compassion for each other is that of a body. When any limb aches, the whole body reacts with sleeplessness and fever” al-Bukhari 5665, Muslim 2586, Shu’ab al-Imān 10379. However, it is a misplaced priority to show no concern for killing of your brother in your Community/State/Country, watching them helplessly but only raise voice for another attack in another country or continent; the closest then, the next closest. Shaykh ‘Abd al-‘Azeez ibn Baaz said: “We have previously explained on more than one occasion that Jihaad is fard kifaayah, not fard ‘ayn. All Muslims are enjoined to support their brothers with their selves (i.e., physically, by joining them), or with money, weapons, da’wah and advice. If enough of them go out (to fight), the rest are freed from sin, but if none of them do that then all of them are sinners. The Muslims in Saudi Arabia, Africa, North Africa and elsewhere are obliged to do their utmost, and if there is a Jihaad in one country, the surrounding countries should hasten to help them, the closest then the next closest.  If one or two states, or three or more, manage to fulfil the obligation, then the rest are freed of responsibility. They deserve to be supported, and it is obligatory to help them against their enemies, because they are oppressed. Allaah has enjoined Jihaad upon all Muslims, and they must fight against the enemies of Allaah until their brothers are victorious. If they fail to do that, then, they are sinners, but if sufficient people undertake to do that, then the rest are absolved of sin.” (Fataawa al-Shaykh Ibn Baaz, 7/335)

May Allaah grant us understanding and protect Muslims around the world.

 

Fiqh of Jihaad (4)

War in Islam is Never Holy; It can Only be Just or Unjust

Physical Jihaad

The ruling on physical Jihaad against the kaafirs is that this is an obligation on the community as a whole (fard kifaayah). Ibn Qudaamah said: “Jihaad is an obligation upon the community; if some people undertake it, the rest are relieved of the obligation.”  What fard kifaayah means is that if it is not undertaken by enough people, then all the people are guilty of sin, but if enough people undertakes it, the rest will be relieved of blame. Initially the command is addressed to all of them, as in the case of an individual obligation (fard ‘ayn), but then in the case of fard kifaayah the obligation is dropped if enough of the people undertake to do it, unlike the case with fard ‘ayn where the obligation is not dropped if someone else does it. Jihaad is a fard kifaayah, according to the majority of scholars.” al-Mughni, 9/163, Fataawa al-Shaykh Ibn Baaz, 7/335

So, if it is fard kifaayah, then the mujaahid is obliged to seek permission of his parent before going for jihaad. He has to seek his parents’ permission if they are Muslim. It was reported in al-Saheehayn from ‘Abd-Allaah ibn ‘Amr, who said that a man came to ask the Prophet (peace and blessings of Allaah be upon him) for permission to go for jihaad. He said, ‘Are your parents still alive?’ [The man said] ‘Yes.’ He said, ‘Then your jihaad is with them.’ Imaam Ahmad, Abu Dawood and Ibn Hibbaan narrated from Abu Sa’eed that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent a man who had made hijrah from the Yemen back to his parents. He (the Prophet (peace and blessings of Allaah be upon him)) said, ‘Did they give you permission?’ [The man] said, ‘No.’ He said, ‘Go back to them and seek their permission, and if they give you permission, then go for jihaad, otherwise honour and respect them.’

It is not permissible for anyone to fight without the permission of the imam, except in the case of defense. The Prophet (peace and blessings of Allaah be upon him) said: “If three people set out on a journey, let them appoint one of them in charge.” Narrated by Abu Dawood from the hadeeth of Abu Sa’eed and Abu Hurayrah. Imam Ahmad narrated in his Musnad from ‘Abd-Allaah ibn ‘Amr that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for three people to be in the wilderness without appointing one of them in charge.” Ibn Qudaamah (may Allaah have mercy on him) said: The matter of Jihaad is in the hands of the ruler and his ijtihaad, and the people must obey him in whatever he sees fit with regard to that. End quote. Al-Mughni(10/368), Fataawa al-Lajnah al-Daa’imah (12/12). Hence it was narrated that “the ruler is the shadow of Allaah on earth” and “Sixty years with (even) an unjust ruler are better than one night without a ruler.” Experience proves that this is so. Majmoo’ al-Fataawa (28/390, 391). Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: Individuals have to follow the decision-makers. So, it is not permissible for anyone to fight without the permission of the imam, except in the case of defense. If the enemy attacks them suddenly and they are afraid of his evil, then they may defend themselves, because fighting becomes an individual obligation in that case.  The reason why that is not permitted is because the matter of Jihaad is the ruler’s responsibility, and fighting without his permission is a transgression against his rights and over stepping the mark. Al-Sharh al-Mumti’ (8/22).

It is required of every Muslim to practice the religion of Allaah as much as he is able to. The imaamah (Islamic political leadership) has been prescribed for the purpose of establishing the religion of Allaah. No one should think that the fact that there is no Imaam at any given time in any given country means that we can be negligent and introverted and not practice or establish any aspect of the religion. The aayah “So keep your duty to Allaah and fear Him as much as you can” Q64:16 is applicable here.

Physical Jihaad against the kaafirs becomes obligatory in four cases, which are:

  1. When the Muslim is present in a Jihaad situation. Q8:16
  2. When the enemy has come and attacked a Muslim land al-Sharh al-Mumti’, 8/10-12
  3. When the ruler mobilizes the people, they must respond al-Sharh al-Mumti’, 8/10-12
  4. When a person is needed and no one else can do the task except him.

Jihaad is not obligatory for women unless it becomes an individual obligation (fard ‘ayn) on every single Muslim who is able to fight or in cases of necessity, such as if the kuffaar attack a Muslim land, in which case Jihaad becomes obligatory for women, according to their abilities. the report narrated from ‘Aa’ishah who said: “O Messenger of Allaah, do women have to engage in Jihaad? He said: “Jihaad in which there is no fighting: Hajj and ‘Umrah.” The hadeeth of ‘Aa’ishah (may Allaah be pleased with her) was narrated by Ahmad (25361) and Ibn Maajah (2901); classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah. Sharh al-Siyar al-Kabeer (1/184)

May Allaah grant us understanding and protect Muslims around the world.

Fiqh of Jihaad (3)

War in Islam is Never Holy; It can Only be Just or Unjust

Classification of Jihaad

Basically, Jihaad is classified as:

  1. Jihaadun-Nafs (Jihaad against one’s self) and Jihaad al-Shaytaan (Jihaad against the Shaytaan) are obligatory upon everyone who is accountable.
  2. Jihaad against the munaafiqeen (hypocrites), kaafirs (disbelievers) and leaders of oppression and innovation is obligatory upon the community as a whole. So, this is not obligatory on all Muslims. Allah says: And it is not for the believers to go forth [to battle] all at once. For there should separate from every division of them a group (remaining) to obtain understanding in the religion and warn their people when they return to them that they might be cautious.”(Q9:122). Hence, Scholars said: if all were to have gone out in Jihaad, the rest of the prescriptions and rituals would have ended. Liqa’ al-Bab al-Maftuuh (212)

Jihaad against the self comes before jihaad against the kuffaar, because one cannot strive against the kuffaar until after one has striven against one’s own self, because fighting is something which the self dislikes. Allaah says: “Jihaad (fighting in Allaah’s Cause) is ordained for you (Muslims) though you dislike it, and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know” Q 2:216. He spoke the truth who said: Establish the Islamic state in yourselves, and it will be established for you in your land. May Allaah bless our Prophet Muhammad. The point is that jihaad against the enemy cannot take place until one strives and forces oneself to do it, until one’s self submits and accepts that. Fataawa Manaar al-Islam by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him), 2/421

There are many types of Jihaad, and “Whoever dies without having fought or having resolved to fight has died following one of the branches of hypocrisy.” Muslim, 1910, Zaad al-Ma’aad, 3/9-1. The Prophet said: The most beloved struggle to Allaah is a word of truth in front of a tyrannical leader. Mu’jamul Al-Kabeer 8002, and similar hadith was narrated in Sunan Tirmidhi 2174. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: “Jihaad is of various kinds, with one’s self, one’s wealth, by making du’aa’, by teaching and guiding, by helping to do good in any way. The greatest form of Jihaad is Jihaad with one’s self (i.e., going oneself and fighting), followed by Jihaad with one’s wealth, Jihaad by speaking out and guiding others. Da’wah is also part of Jihaad.  But going out oneself to fight in Jihaad is the highest form. (Fataawa al-Shaykh Ibn Baaz, 7/334, 335). Jihaad, the effort to perform good deeds, can take many forms, such as struggling against our sinful passions or exerting ourselves in acts of worship, but sometimes it means taking up arms in self-defense. In this case, Jihaad is a theory of just war similar to the legal framework upon which the modern Geneva Conventions are based.

Islam aims to achieve that which is in people’s interests and to protect them from that which is harmful to them. The purpose of armed Jihaad in Islam is to protect the rights of the innocent, to defend from aggression, and to ensure people are given the opportunity to freely practice Islam. The Quran, the Sunnah, and the majority of scholars from the beginning of Islam until today only permit armed Jihaad as a response to aggression and persecution. The only legitimate reason for Muslims to fight is to “raise the word of Allah,” meaning to create a safe space for the free practice of Islam without transgression. Fight those who fight you but do not transgress. Verily, Allah does not love transgressors. Q2:190. Ibn Abbas explained the meaning of this verse, saying: Do not kill women, or children, or old men, or whoever comes to you with peace and he restrains his hand from fighting, for if you did that you would certainly have transgressed. Tafseer At-Tabari 2:190, Tafseer Al-Baydawi 2:190

May Allaah grant us understanding and protect Muslims around the world.