Archive for the ‘Advice About Jihad’ Category

A Muslim does the unthinkable – He tells the truth.

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Part 1

Introduction

The Obligation of Jihad

The reason why jihad is prescribed

The two types of Jihad (Fard Kifayah and Fard ‘Ayn)

Seeking permission from parents


Introduction

Defense of the Muslim Lands 

“The First Obligation After Iman”

All praise be to Allah, we praise Him, we seek His refuge, and we seek his forgiveness. We seek refuge in Him from the evil of our own selves and the evil of our deeds. Whomsoever Allah guides there is none to send him astray and whomsoever Allah sends astray there is none to guide and I bear witness that there is no god but Allah and Mohammed is his servant and messenger. May His blessings be upon him, his family and companions.

And what follows;

Allah has chosen this religion to be a mercy for the worlds. He sent the most blessed of the messengers to be the last prophet for this religion. To bring it victory by the sword and the spear, after he had clearly expounded it with evidences and arguments. The Prophet (sallallahu alayhe wa salam) said in a sahih hadith narrated by Ahmad and Tabarani: “I have been raised between the hands of the Hour with the sword, until Allah the Exalted is worshipped alone with no associates. He has provided sustenance from beneath the shadow of spears and has decreed humiliation and belittlement for those who oppose my order. And whoever resembles a people, he is of them.” (Sahih al Jaami’ As Sagheer 2828)

Allah the Exalted, in his wisdom, established the salvation of humanity by this rule of fighting, for the Exalted said: “…and if Allah did not check one set of people by means of another, the earth would indeed be full of mischief. But Allah is full of bounty to the Alamin (mankind, jinns and all that exists).” (Quran 2:251) Hence, Allah the Almighty the Majestic has bestowed this judgment as a favor upon mankind, and made it unambiguous. In other words, the battle between truth and falsehood is for the reformation of mankind, that the truth may be made dominant and good propagated. Also, that their practices and places of worship may be safeguarded. Allah the Exalted said: “…for had it not been that Allah checks one set of people by means of another, monasteries, churches, synagogues, and mosques, wherein the name of Allah is mentioned much would surely have been pulled down. Verily Allah will help those who help his (cause). Truly, Allah is All Strong, All Mighty.” (Quran 22:40)

This rule of defense or jihad has occupied many pages in the Book of Allah the Almighty the Majestic, to make clear that the truth must have a power to protect it. For how many times has truth been defeated because of neglect of its possessors, and how many falsehoods have been raised by its allies and men willing to sacrifice.

Jihad is built on two main pillars. Patience which reveals bravery of the heart, and generosity, by which one spends ones wealth and spirit. Yet, the sacrifice of one’s person is the greatest generosity, and in the sahih hadith, reported by Ahmad: “Iman is patience and generosity” (As Saheehah No.554). Ibn Taymiyyah says in Majmu’s Al-Fatawa 28/157: “The amendment of the children of Adam in their religion and worldly affairs would be not complete without bravery and generosity.” And Allah has made it clear that whoever turned away from Jihad by the person, that He would replace them with a people who would perform it. “If you march not forth, He will punish you with a painful torment and will replace you with another people, and you cannot harm Him at all, and Allah is able to do all things.” (Quran 9:39)

The Prophet (sallallahu alayhe wa salam) also underlined two of the most evil of faults: miserliness, and cowardice. These faults lead to the corruption of the soul and deterioration of the society. In a saheeh hadith: “The most evil of what is in a man is niggardliness and cowardice.” (Reported by Al-Bukhari and Abu Dawud. Saheeh. Saheeh Al-Jaam’ No. 3603)

There have passed ages when the pious predecessors held fast to this rule of fighting and became masters of this world and the teachers of mankind. The Exalted said: “And we made from among them (Children of Israel), leaders, giving guidance under Our command, when they were patient and used to believe with certainty in Our Ayat (proofs, evidences, verses, lessons, signs, revelations, etc..).” (Quran 32:24)

As the Prophet (sallallahu alayhe wa salam) has stated in a saheeh hadith: “The first of this Ummah was reformed with abstinence and certainty of belief, and the last of this Ummah will be destroyed by miserliness and longing.” (Reported by Ahmad and Tabarani. Saheeh. Saheeh Al-Jaami’ No.3793)

Unfortunately, there were generations that succeeded the Muslims who neglected the rules of Allah. They forsook their Lord, so He forsook them. They deserted His rules, and so they were lost. “Then, there has succeeded them a posterity who have given up prayers (i.e. made their prayers to be lost, either by not offering them or by not offering them perfectly, or by not offering them in their proper fixed times, etc.) and have followed lusts. So they will be thrown in Hell.” (Quran 19:59)

They followed their desires and evil of their deeds was made appealing to them. In a sahih hadith: “Allah hates every selfish arrogant, rambling in the marketplaces, a corpse by night and an ass by day, knowledgeable in worldly affairs yet ignorant of the Hereafter.” (Saheeh Al-Jaami’ As-Sagheer No. 1874)

One of the most important lost obligations is the forgotten obligation of fighting. Because it is absent from the present condition of the Muslims, they have become the scum of the flood water. Just as the Prophet (sallallahu alayhe wa salam) said: “it is expected that the nations will call each other from all horizons, as diners calling each other to feast from a platter of food in front of them.” A person asked the Prophet (sallallahu alayhe wa salam) would that be because of our small number that day. The Prophet (sallallahu alayhe wa salam) said, “no, but you will be scum like the scum of flood water. Allah will put Wahn into your hearts and remove the fear from the hearts of your enemies.” It was asked: And what is Wahn O Messenger of Allah?” He (sallallahu alayhe wa salam) replied: “Love of this life and hatred for death (in Allah’s cause).” (Reported by Abu Dawud as Saheeh and Ahmad with a good chain, with the words “Hatred for fighting”. Silsilah Al-Ahadith As-Saheehah No. 958)

 — From Defence of the Muslim Lands by Abdullah Azzam, pages 1-3 —

It was narrated by Jabir ibn Abdullah that he heard the Messenger of Allah (peace and blessings be upon him) say: A group of people from my Ummah will continue to fight in defence of truth and remain triumphant until the Day of Judgment. (Saheeh Muslim No. 897)

It was narrated by Jabir ibn Abdullah that he heard the Messenger of Allah (peace and blessings be upon him) say: A group of people from my Ummah will continue to fight in defence of truth and remain triumphant until the Day of Judgment. (Saheeh Muslim No. 897)

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The obligation of Jihaad

Therefore, O Muhammad, fight; in the path of Allah, you are accountable for no one except for yourself. Urge the believers to fight, it may be that Allah will overthrow the might of the unbelievers, for Allah is the strongest in might and severe in punishment. (4:84)

The prophet (alayhe salatu wa salam) said: “I have been raised between the hands of the hour with the sword, until Allah the exalted is worshipped alone with no associates. He has provided sustenance from beneath the shadow of my spear and has decreed humiliation and belittlement for those who oppose my order. And whoever resembles a people, he is of them.” (Reported by Ahmad and At-Tabarani. Classified Saheeh. Saheeh Al-Jaami’ As-Sagheer No. 2828)

O Prophet! Make Jihad against the unbelievers and the hypocrites and be firm against them. Hell shall be their home; and it is the worst of all homes. (9:73)

O believers, fight them until there is no more mischief and the Deen of Allah (way of life prescribed by Allah) is established completely (8:39) The fitnah means shirk as Ibn Abbas and As-sudi (radhi Allahu anhum) said: “When the disbelievers attack and control a country, the Ummah is endangered in it’s religion and it becomes susceptible to doubt in it’s belief. Fighting them becomes an obligation to protect the religion, lives, honour and wealth.” (Al-Qurtubi 2/253)

Permission to fight back is hereby granted to the believers against whom war is waged and because they are oppressed (before this revelation, Muslims were not allowed to fight even for self defence); certainly Allah has power to grant them victory (22:39)

When the forbidden months are over then fight the mushrikin wherever you find them, seize them, besiege them, and lie in ambush for them in every stratagem of war. But if they repent, establish salah, and pay zakah then let them go their way; surely Allah is Forgiving, Merciful. (9:5)

Fight those people of the Book (Jews and Christians) who do not believe in Allah and the Last Day, do not refrain from what has been prohibited by Allah and His Rasool and do not embrace the religion of truth (Al-Islam), until they pay Jizya (protection tax) with their own hands and feel themselves subdued. (9:29)

March forth whether you are equipped lightly or heavily and make Jihad (exert your utmost) in the way of Allah with your wealth and your persons. That is best for you if you understand. (9:41)

Fighting has been made obligatory for you, much to your dislike. It is quite possible that something which you don’t like is good for you and that something which you love is bad for you. Allah knows, and you do not. (2:216)

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The reason why Jihaad is prescribed

Question :

 

Why do Muslims wage jihad?.


Answer :

Praise be to Allaah.  

Allaah has enjoined jihad for His sake upon the Muslims, for the great benefits that result from that and because of the harm caused by abandoning jihad.

Some of the reasons why jihad for the sake of Allaah is prescribed in Islam are as follows: 

1 – The main goal of jihad is to make the people worship Allaah alone and to bring them forth from servitude to people to servitude to the Lord of people. Allaah says (interpretation of the meaning): 

“And fight them until there is no more Fitnah (disbelief and worshipping of others along with Allaah) and (all and every kind of) worship is for Allaah (Alone). But if they cease, let there be no transgression except against Az‑Zaalimoon (the polytheists, and wrong-doers)”

[al-Baqarah 2:193] 

“And fight them until there is no more Fitnah (disbelief and polytheism, i.e. worshipping others besides Allaah), and the religion (worship) will all be for Allaah Alone [in the whole of the world]. But if they cease (worshipping others besides Allaah), then certainly, Allaah is All-Seer of what they do”

[al-Anfaal 8:39] 

Ibn Jareer said:  

So fight them until there is no more shirk, and none is worshipped except Allaah alone with no partner or associate, and trials and calamities, which are disbelief and polytheism, are lifted from the slaves of Allaah on earth, and religion is all for Allaah alone, and so that obedience and worship will be devoted to Him alone and none else. 

Ibn Katheer said: Allaah commands us to fight the kuffaar so that there will be no fitnah, i.e., shirk, and the religion will all be for Allaah alone, i.e., the religion of Allaah will prevail over all other religions. 

The Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “”I have been commanded (by Allaah) to fight the people until they testify that there is no god but Allaah and that Muhammad is the Messenger of Allaah, and they establish regular prayer and pay zakaah, then if they do that, then they save their lives and property from me except for Islamic laws and then their reckoning will be with Allaah.” Narrated by al-Bukhaari (24), Muslim (33). 

And he [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “I have been sent just before the Hour with the sword, so that Allaah will be worshipped alone with no partner or associate.”

Narrated by Ahmad, 4869; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 2831. 

This purpose of jihad was present in the minds of the Sahaabah (may Allaah be pleased with them) during their battles with the enemies of Allaah. Al-Bukhaari (2925) narrated that Jubayr ibn Hayyah said: ‘Umar sent people to all the regions to fight the mushrikeen… so ‘Umar recruited us and appointed al-Nu’maan ibn Muqarrin to lead us. When we were in the land of the enemy, the representative of Chosroes came out to us with forty thousand troops. An interpreter stood up and said: “Let one of you speak to me.” Al-Mugheerah said: “Ask whatever you want.” He asked, “Who are you?” He (al-Mugheerah) said: “We are some people from among the Arabs. We used to lead a harsh and miserable life, sucking on animal skins and date stones because of hunger, wearing clothes made of camel and goat hair, worshipping trees and rocks. While we were in this state, the Lord of the heavens and the earth, exalted be His name and glorified be His greatness, sent to us a Prophet from amongst ourselves, whose father and mother we know. Our Prophet, the Messenger of our Lord, [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), commanded us to fight you until you worship Allaah alone or pay the jizyah. Our Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) told us the message from our Lord, that whoever among us is killed will go to Paradise to enjoy delights such as no one has ever seen, and whoever among us is left will become your master.” 

This is the truth that the Sahaabah and leaders of the Muslims proclaimed in their military campaigns. 

Rab’i ibn ‘Aamir said, when Rustam the commander of the Persian armies asked him, “Why have you come?”: “Allaah has sent us to bring forth whomsoever He wills from the worship of man to the worship of Allaah.  

When ‘Uqbah ibn Naafi’ reached Tangiers, he rode his horse into the water until the water was up to its chest, then he said: “O Allaah, bear witness that I have done my utmost, and were it not for this sea I would have travelled throughout the land fighting those who disbelieve in You, until none is worshipped except You.” 

2 – Repelling the aggression of those who attack the Muslims. 

The scholars are unanimously agreed that repelling the aggression of those who attack the Muslims is fard ‘ayn (an individual obligation) upon those who are able to do that. 

Allaah says (interpretation of the meaning): 

“And fight in the way of Allaah those who fight you, but transgress not the limits. Truly, Allaah likes not the transgressors”

[al-Baqarah 2:190] 

“Will you not fight a people who have violated their oaths (pagans of Makkah) and intended to expel the Messenger while they did attack you first? Do you fear them? Allaah has more right that you should fear Him if you are believers”

[al-Tawbah 9:13] 

3 – Removing fitnah (tribulation) 

Fitnah is of different types: 

(i)                That which is caused by the kuffaar who persecute the Muslims or apply pressure to them to make them give up their religion. Allaah has commanded the Muslims to fight in jihad in order to save those who are weak and oppressed. Allaah says (interpretation of the meaning): 

“And what is wrong with you that you fight not in the Cause of Allaah, and for those weak, ill‑treated and oppressed among men, women, and children, whose cry is: “Our Lord! Rescue us from this town whose people are oppressors; and raise for us from You one who will protect, and raise for us from You one who will help”

[al-Nisa’ 4:75] 

(ii)              The fitnah of the kuffaar themselves and their preventing others from hearing and accepting the truth. That is because the kaafir systems corrupt the innate nature and reason of people, and make them get used to worshipping and submitting to things other than Allaah, getting addicted to alcohol, wallowing in the mire of sexual licence, and losing all characteristics of virtue. Whoever is like that can rarely tell truth from falsehood, good from evil, right from wrong. So jihad is prescribed in order to remove those obstacles that prevent people from hearing and accepting the truth and getting to know it. 

4 – Protecting the Islamic state from the evil of the kuffaar. 

Hence the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) ordered that the leaders of the kuffaar be killed, those who incited the enemies against the Muslims, such as the Jews Ka’b ibn al-Ashraf and Ibn Abi’l-Haqeeq. 

Another aspect of jihad is to protect the borders against the kuffaar. The Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) encouraged that as he said: “Guarding the border for one day for the sake of Allaah is better than this world and everything in it.” Al-Bukhaari, 2678. 

5 – Frightening the kuffaar, humiliating them and putting them to shame. 

Allaah says (interpretation of the meaning): 

“Fight against them so that Allaah will punish them by your hands and disgrace them and give you victory over them and heal the breasts of a believing people,

 And remove the anger of their (believers’) hearts. Allaah accepts the repentance of whom He wills. Allaah is All-Knowing, All-Wise”

[al-Tawbah 9:14-15] 

“And make ready against them all you can of power, including steeds of war (tanks, planes, missiles, artillery) to threaten the enemy of Allaah and your enemy”
[al-Anfaal 8:60]
 

Hence it is prescribed to fight in a manner that will strike terror into the heart of the enemy. 

Shaykh al-Islam [Ibn Taymiyah – may Allaah have mercy on him] was asked whether it is permissible for a soldier to wear silk or gold or silver when fighting or when the envoys of the enemy come to the Muslims. 

He replied: 

Praise be to Allaah. With regard to wearing silk in order to frighten the enemy, there are two scholarly views, the more correct of which is that it is allowed. The soldiers of Syria wrote to ‘Umar ibn al-Khattaab saying: “When we met the enemy we saw that they had covered their weapons with silk and we found that this struck terror in our hearts.” ‘Umar wrote back to them saying: “You should cover your weapons as they do.” And wearing silk is a kind of showing off, and Allaah likes showing off at the time of fighting, as it is narrated in al-Sunan that the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “There is a kind of showing off that Allaah likes, and a kind of showing off that Allaah hates. The showing off that Allaah likes is when a man shows off at the time of war. The kind of showing off that Allaah hates is showing off for the purpose of pride and boasting.” On the day of Uhud, Abu Dujaanah al-Ansaari showed off among the ranks, and the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “This is a kind of walking that Allaah hates except in this situation.” Majmoo’ al-Fataawa, 28/17 

6 – Exposing the hypocrites 

Allaah says (Interpretation of the meaning): 

“But when a decisive Soorah (explaining and ordering things) is sent down, and fighting (Jihaad — holy fighting in Allaah’s Cause) is mentioned (i.e. ordained) therein, you will see those in whose hearts is a disease (of hypocrisy) looking at you with a look of one fainting to death”

[Muhammad 47:20] 

At times of ease and plenty, the Muslims may be joined by those who seek to make worldly gains, and they do not want to make the word of Allaah prevail over the word of kufr. These people may conceal their real nature from many of the Muslims, and the most effective means of exposing them is jihad, because jihad means sacrificing oneself but these hypocrites are only indulging in hypocrisy in order to save themselves.  

Exposing the hypocrites was one of the major purposes that Allaah wanted the believers to achieve on the day of Uhud. 

Allaah says (interpretation of the meaning): 

“Allaah will not leave the believers in the state in which you are now, until He distinguishes the wicked from the good”

[Aal ‘Imraan 3:179] 

Ibn al-Qayyim said:  

This means: Allaah will not leave you in the state in which you are, where the believers are indistinguishable from the hypocrites, until the believers are made distinct from the hypocrites, as they were distinguished by the test on the day of Uhud, and Allaah will not disclose to you the unseen matters by which the one group is distinguished from the other, for they are distinguished from one another in the knowledge of the unseen that He has, but He wants to distinguish them from one another in a clear and visible manner, so that His unseen knowledge will become known and visible. 

7 – Purifying the believers of their sins and ridding them thereof 

Allaah says (interpretation of the meaning): 

“And so are the days (good and not so good), that We give to men by turns, that Allaah may test those who believe, and that He may take martyrs from among you. And Allaah likes not the Zaalimoon (polytheists and wrongdoers).

 And that Allaah may test (or purify) the believers (from sins) and destroy the disbelievers.

Do you think that you will enter Paradise before Allaah tests those of you who fought (in His Cause) and (also) tests those who are As‑Saabiroon (the patient)?”
[Aal ‘Imraan 3:140-142]
 

8 – Acquiring booty 

The Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “I have been sent ahead of the Hour with the sword so that Allaah will be worshipped alone, and my provision has been placed in the shade of my spear, and humiliation has been decreed for those who go against my command, and whoever imitates a people is one of them.”  Narrated by Ahmad, 4869; Saheeh al-Jaami’, 2831. 

Al-Haafiz said: 

This hadeeth indicates that war booty is permissible for this ummah, and that the provision of the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) has been placed in war booty and not in other kinds of earnings. Hence some of the scholars said that it is the best kind of earnings. 

Al-Qurtubi said: 

Allaah sent provision to His Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) by means of his striving and He made it by means of the best kind of striving which is earning it by means of force and strength. 

The Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) went out for the battle of Badr to meet the caravan of Abu Sufyaan. 

Al-Qurtubi said: The fact that the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) went out to meet the caravan indicates that it is permissible to take booty because it is a halaal source of income. This refutes Maalik’s view that this is makrooh, when he said that this was fighting for worldly gains.  

Al-Shawkaani said: Ibn Abi Jamrah said: The scholars of hadeeth are of the view that if the primary motive is to make the word of Allaah supreme, it does not matter what else is also achieved. 

9 – Taking martyrs. 

Allaah says (interpretation of the meaning): 

“If a wound (and killing) has touched you, be sure a similar wound (and killing) has touched the others. And so are the days (good and not so good), that We give to men by turns, that Allaah may test those who believe, and that He may take martyrs from among you. And Allaah likes not the Zaalimoon (polytheists and wrongdoers).

 And that Allaah may test (or purify) the believers (from sins) and destroy the disbelievers”

[Aal ‘Imraan 3:140-141] 

Martyrdom is one of the highest statuses before Allaah, and the martyrs are the closest of His slaves to Him. There is no status higher than that of siddeeq apart from martyrdom. Allaah loves to take martyrs from among His slaves, who shed their blood for His love and to earn His pleasure, preferring His pleasure and His love above themselves. There is no way to attain this status except by circumstances that may lead to it such as enemies coming against the Muslims.  

This was said by Ibn al-Qayyim in Zaad al-Ma’aad

This is the great wisdom and  those who try to put the Muslims off jihad and make them fear it, and say that jihad is no more than death, and making women widows and children orphans, pale into insignificance. 

10 – Ridding the world of corruption. 

Allaah says (interpretation of the meaning): 

“For had it not been that Allaah checks one set of people by means of another, monasteries, churches, synagogues, and mosques, wherein the Name of Allaah is mentioned much would surely, have been pulled down. Verily, Allaah will help those who help His (Cause). Truly, Allaah is All‑Strong, All‑Mighty”

[al-Hajj 22:40] 

“And if Allaah did not check one set of people by means of another, the earth would indeed be full of mischief. But Allaah is full of bounty to the ‘Aalameen (mankind, jinn and all that exists)”

[al-Baqarah 2:251] 

Muqaatil said: 

Were it not that Allaah checked the mushriks by means of the Muslims, the mushriks would have overrun the earth and killed the Muslims and destroyed the mosques. 

Shaykh al-Islam Ibn Taymiyah said in al-Jawaab al-Saheeh, 2/216: 

So the kuffar are repelled by means of the Muslims and the worse of the two parties is repelled by the better, just as the Magians (Persians) were repelled by the Christian Byzantines, then the Christians were repelled by the believers of the ummah of Muhammad. 

Al-Sa’di said: The world would be corrupted if the kuffaar and evildoers were to prevail. 

These are some of the reasons why jihad is prescribed.
We ask Allaah to bring the Muslims back to their religion. May Allaah send blessings and peace upon our Prophet Muhammad.

Islam Q&A (www.islam-qa.com)  ==    Question #34647: The reason why jihaad is prescribed  == http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=34647&dgn=4

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Jihaad Against the Kuffaar is of Two Types (Fard Kifayah and Fard ‘Ayn)


Fard Ayn


It is the Fard that is a compulsory duty on every single Muslim to perform like praying or fasting.


Fard Kifaya

It is the Fard that if performed by some, the obligation falls from the rest. The meaning of Fard Kifaya, is that if there are not enough people that respond to it, then all the people are in sin. If a sufficient amount of people respond, the obligation falls from the rest. The call for it in the beginning is like the call for establishing a Fard Ayn, but it differs in that a Fard Kifaya is absolved by the performance of some of the people. But a Fard Ayn is not absolved by any number of people performing it. That is why Fakhr ar Razi defined Fard Kifaya as the obligation that is carried out without looking to the souls of the ones who perform it.


Shaffie said: “A Fard Kifaya is a command directed towards everyone seeking only a response from some“. The definition agreed upon by the majority of scholars, of them Ibn Hajib, al Amdi and Ibn Abdu Shakur, state that Fard Kifaya is obligatory upon everyone, but is absolved upon the performance of some. People are now arguing about the jihaad ruling, and they consider it as Fard Kifaya, that means it is obligatory upon everyone, but is absolved when some perform it.

 

JIHAAD AGAINST THE KUFFAR IS OF TWO TYPES
Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)


Offensive Jihaad (where the enemy is attacked in his own territory).

Where the Kuffar are not gathering to fight the Muslims. The fighting becomes Fard Kifaya with the minimum requirement of appointing believers to guard borders, and the sending of an army at least once a year to terrorize the enemies of Allah. It is a duty of upon the Imam to assemble and send out an army unit into the land of war once or twice every year. Moreover, it is the responsibility of the Muslim population to assist him, and if he does not send an army he is in sin.


And the Ulama have mentioned that this type of jihaad is for maintaining the payment of Jizya. The scholars of the principles of religion have also said: “Jihaad is Da’wah with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam.” (Hashiyah Ash-Shirwani and Ibn Al-Qasim in Tuhfah Al-Muhtaj Alal Minhaj 9/213)



Defensive Jihaad


This is expelling the Kuffar from our land, and it is Fard Ayn, a compulsory duty upon all. It is the most important of the compulsory duties and arises in the following conditions:


A) If the Kuffar enter a land of the Muslims.


B) If the rows meet in battle and they begin to approach each other.


C) If the Imaam calls a person or a people to march forward then they must march.

D) If the Kuffaar capture and imprison a group of Muslims.

 


The First Condition: If the Kuffaar Enter a Muslim Land.


In this condition the pious predecessors, those who succeeded them, the Ulama of the four Madhabs (Maliki, Hanafi, Shaffie and Hanbali), the Muhadditheen, and the Tafseer commentators, are agreed that in all Islamic ages, Jihaad under this condition becomes Fard Ayn upon the Muslims of the land which the Kuffar have attacked and upon the Muslims close by, where the children will march forth without the permission of the parents, the wife without the permission of her husband and the debtor without the permission of the creditor. And, if the Muslims of this land cannot expel the Kuffaar because of lack of forces, because they slacken, are indolent or simply do not act, then the Fard Ayn obligation spreads in the shape of a circle from the nearest to the next nearest. If they too slacken or there is again a shortage of manpower, then it is upon the people behind them, and on the people behind them, to march forward. This process continues until it becomes Fard Ayn upon the whole world.


Sheikh Ibn Taymia says on this topic: “About the defensive jihaad, which is repelling an aggressor, is the most tasking type of jihaad. As agreed upon by everyone, it is obligatory to protect the religion and what is sacred. The first obligation after Iman is the repulsion of the enemy aggressor who assaults the religion and the worldly affairs. There are no conditional requirements such as supplies or transport, rather he is fought with all immediate capability. The Ulama, our peers and others have spoken about this.” Ibn Taymia supports his opinion of the absence of the requirement of transport in his reply to the Judge who said: “If jihaad becomes Fard Ayn upon the people of a country, one of the requirements, in comparison to Hajj, is that one must have supplies and a ride if the distance is such that one shortens the prayer”. Ibn Taymia said: “What the Judge has said in comparison to Hajj has not been stated before by anybody and is a weak argument. Jihaad is obligatory because it is for the repulsion of the harm of the enemy, therefore it has priority over Hijr . For Hijr no transport is considered necessary. Of the jihaads some take priority. It is furthered in a sahih hadith narrated by Ebaad Bin Asaamat that the Prophet (sallallahu alayhe wa salam) said: “It is upon the Muslim to listen and obey in hardship and prosperity, in what he likes and dislikes, and even if he is not given his rights”. Therefore, the pillar of the most important of obligations, is the marching forward in times of hardship as well as prosperity. As has been stated, contrary to Hajj, the obligation remains present in times of hardship. And this is in offensive jihaad. So it is clear that defensive jihaad carries a greater degree of obligation. To defend the sacred things and the religion from the aggressor is obligatory, as agreed upon by everyone. The first obligation after Iman is repulsion of the enemy aggressor who assaults the religion and the worldly affairs”. Now we look at the opinions of the four Madhabs who are all in agreement on this point.

 

Opinions of the Mathhabs

Hanafi Fiqh


Ibn Aabidin said : “Jihaad becomes Fard Ayn if the enemy attacks one of the borders of the Muslims, and it becomes Fard Ayn upon those close by. For those who are far away, it is Fard Kifaya, if their assistance is not required. If they are needed, perhaps because those nearby the attack cannot resist the enemy, or are indolent and do not fight jihaad, then it becomes Fard Ayn upon those behind them, like the obligation to pray and fast. There is no room for them to leave it. If they too are unable, then it becomes Fard Ayn upon those behind them, and so on in the same manner until the jihaad becomes Fard Ayn upon the whole Ummah of Islam from the East to the West”.


And the following have like Fatawa: Al Kassani, Ibn Najim and Ibn Hammam.


Maliki Fiqh


In Hashiyat ad Dussuqi it is stated: Jihaad becomes Fard Ayn upon a surprise attack by the enemy. Dussuqi said: “Wherever this happens, jihaad immediately becomes Fard Ayn upon everybody, even women, slaves and children, and they march out even if their guardians, husbands and creditors forbid them to.”


Shaffie Fiqh


In the Nihayat al Mahtaj by Ramli: “If they approach one of our lands and the distance between them and us becomes less than the distance permitting the shortening of prayers, then the people of that territory must defend it and it becomes Fard Ayn even upon the people for whom there is usually no jihaad; the poor, the children, the slaves, the debtor and the women.”


Hanbali Fiqh


In Al Mughni by Ibn al Qudamah: “Jihaad becomes Fard Ayn in three situations:


1) If the two sides meet in battle and they approach each other.


2) If the Kuffar enter a land, j*haad becomes Fard Ayn upon its people.


3) If the Imam calls a people to march forward it is obligatory upon them to march forward.”


And Ibn Taymia remarked: “If the enemy enters a Muslim land, there is no doubt that it is obligatory for the closest and then the next closest to repel him, because the Muslim lands are like one land. It is obligatory to march to the territory even without the permission of parents or creditor, and narrations reported by Ahmad are clear on this.”


This situation is known as the General March.

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Seeking Permission from Parents

The evidence for the permission from parents in fard kifayah and the absence of permission in fard ayn is taken from the reconciliation of two hadeeth:

First: A hadeeth reported by Al-Bukhari. Abdullah bin Amr bin Al-Aas (radhi Allahu anhu) said: “A man came to the prophet (alayhe salat wa salam) asking his permission for jihad. He (sallallahu alayhe wa salam) asked, ‘Are your parents alive?’ The man answered, ‘Yes.’ He (sallallahu alayhe wa salam) replied, ‘Go and serve them, for in them is your jihad.”’

Second: Ibn Hibban narrated from Abdullah bin Amr: “A man came to the prophet (alayhe salat wa salam) and asked him about the best of deeds. He (sallallahu alayhe wa salam) answered, ‘Jihad in the path of Allah.’ The man then said, ‘I have two parents.’ He (sallallahu alayhe wa salam) told him, ‘I order you good by them.’ The man replied, ‘By the one who sent you with truth, I will fight jihad and leave them.’ He (sallallahu alayhe wa salam) said, ‘You know best’.”’ (Fath Al-Bari 6/106 – Reported by Ibn Hibban as saheeh).

Ibn Hajar said: “It is understood that here (in the scenario of the second hadeeth), Jihad was fard ayn, in order to reconcile the two (hadeeth).”’ (Fath al-Bari 6:106)

This was from Shiekh Abdullah Azzam’s book titled “Defense of Muslim lands”, page 23.

It has been made clear to us that no permission is required for anyone from anyone when jihad becomes fard ayn, just as no permission is required from the father, the shiekh or the master for the obligatory fajr prayer.

Similarly, no permission is required in obligatory jihad. For example, if the father and the son sleep in one place, and the son wants to pray fajr but his father sleeps, does anyone suggest that the son must take permission from his father to pray the obligatory prayer? Suppose that the father forbids his son from performing the prayer for some reason or another, perhaps not to disturb the other people who are sleeping (who also do not pray fajr) or because his father does not want to pray fajr. 

Does the son obey his father? the answer is clear according to the following hadeeth: 

“Obedience is in what is right” (Reported by bukhari and Muslim. Saheeh Al-Jaami As-Sagheer No. 3967). 

“There is no obedience to the creation in disobedience to the creator” (Reported by Ahmed and Haakim and it is Saheeh. – Saheeh Al-Jaami’ As-Sagheer No. 2323)   

“There is no obedience to one who does not obey Allah”  (Reported by ahmed and it is Saheeh. – Saheeh Al-Jaami’ As-Sagheer No. 7397)   

Neglecting jihad is a sin and there is no obedience to the creation in disobedience to the Creator. (Defence of Muslim lands by Abdullah Azzam, Page 28)

Source: Salafiyyah-jadeedah

Part 2

Ad-Daar (The State) wherein we live

Limaadhal-Jihad – Why Jihad? (Statements of the Scholars Regarding the Replacers of the Sharee’ah & Consquences of Takfeer of the Rulers & The Obligation of Fighting Them)


Ad-Daar (The State) wherein we live

Sometimes a question is raised concerning the state we live in. Dow we live in an Islamic state? One of the necessary conditions of the (Islamic) is that Islamic laws must govern it. Imaam Abu Haneefa (rahimahullah) issued a faywa that dar-ul-Islaam (Islamic State) would be changed to Dar-ul-Kufr (non-Islamic state) if all these three conditions were fulfilled:

1. when it is governed by Kufr laws.

2. When the Muslims lose thier safety.

3. Neighbourhood. And that happens if the state has borders with the kufr state in a way the latter causes danger to the Muslims and becomes the reason behind the loss of thier safety. (The absent obligation, Page 20)

As-Sarkhasi (one of the classical Hanafi jurists) said: “And a Dar becomes a Dar for the Muslims, by implementing the laws of Islam in it.” (as-Siyar al-Kabeer, 5/2197)

Ibn al Qayyim (rahimahullah) stated: “The majority of the scholars in the past have stated: The land which is occupied by Muslims and is ruled by Islam is Dar ul-Islam, but so long as the laws of Islam are not implemented, it is not Dar ul Islam, even if it is close to it (lasaqaha) for here is Ta`if, it is close to Makkah, but it didn’t become Dar ul Islam when Makkah was opened.” (Ahkam Ahl Adh-Dhimmah 1/366)

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Limaadhal-Jihaad? (Why Jihaad?)

‘Umar Mahmood Muhammed ‘Uthmaan Abu ‘Umar, known commonly as Abu Qataadah al-Philisteeni.

{Last four chapters of the book}

Statements of the Scholars Regarding the Replacers of the Sharee’ah


Our scholars have spoken about the Kufr of these religions and void legislations — and they judged those who legislate it and act upon it, to be disbelievers and apostates.

Ibn Hazm (Rahimahullaah) said “Whoever rules by the Gospel in issues where there is no text from revelation in the Sharee’ah of Islaam, then he is a Kaafir Mushrik outside of Islaam.” (Ihkaam al-Ahkaam Fee Usool al-Ahkaam 5/153)

Also, Ibn Taymeeyah (Rahimahullaah) said, “Its known by necessity from the religion of the Muslims and by the agreement of all the Muslims, that he who permits the following of a religion other than the religion of Islaam or following a law other than the Sharee’ah of Muhammad (Sallallaahu ‘Alayhi wa Sallam), then he is a Kaafir.” (Majmoo’ al-Fataawaa 28/524)

And he similarly says, “The Sharee’ah revealed from Allaah (Ta’aalaa), which is the Qur’aan and Sunnah that Allaah sent His Messenger with, no one from the creation is allowed to leave it. And no one leaves it but a Kaafir.” (Majmoo’ al-Fataawaa 11/262)

And he says, “Whenever a person legalizes what is illegal by consensus or illegalizes what is legal by consensus or replaces the Sharee’ah that is agreed upon by consensus, then he is a Kaafir by the agreement of the scholars of Fiqh.” (Majmoo’ al-Fataawaa 3/267)

Ibn Katheer (Rahimahullaah) says “So whoever leaves the clearcut Law revealed to Muhammad bin ‘Abdillaah the final of the Prophets, and refers to other sources for judgment, such as abrogated laws, then he is a Kaafir.” (al-Bidaayah wan-Nihaayah 13/119)

‘Abdil-Lateef bin ‘Abdir-Rahmaan Aal ash-Shaykh says, “Whoever refers to something other than the Qur’aan and Sunnah for judgment, after it being clarified to him, then he is a Kaafir. Allaah (Ta’aalaa) Says, {And whoever rules by other than what Allaah Revealed, then they are disbelievers.} and Allaah Says, {Do they hope for other than Allaah…}” (ad-Durar as-Saneeyah 8/241)

‘Abdullaah bin Humayd says, “Whoever legislates a law, which is general and enforced upon the people, opposing the law of Allaah, then he has left Islaam as a Kaafir.” (Ahammiyat al-Jihaad pg. 196)

Muhammad bin Ibraaheem Aal ash-Shaykh says, “Verily from the Major clear cut Kufr is giving to the accursed manmade laws the position of that which the faithful spirit descended upon the heart of Muhammad that he should be a warner in the clear Arabic tongue, judging by it between the nations, and referring back to it when there is a disagreement, in contradiction to, and obstinate rejection of, Allaah, the Mighty and Exalted’s saying: {If you differ in anything among yourselves, refer it to Allaah and His Messenger, if you do believe in Allaah and the Last Day. That is best and more suitable for final determination.} (an-Nisaa’ 4:59) Allaah the Most Perfect and High has negated the belief of those who do not make the Prophet the judge in that about which they differ – strengthening the negation by repeating it and swearing upon it, He says: {But no, by your Lord, they can have no belief, until they make you a judge in all disputes between them, and find no resistance in themselves against your judgments, and instead submit wholeheartedly.} (an-Nisaa’ 4:65)” (Risaalat Tahkeem al-Qawaaneen)

He also mentioned in the same treatise that from the greatest types of Major Kufr of this nature, is what the modern apostates have fallen into, he said:

“Fifth: This is the greater, more comprehensive and obvious form of stubborn rejection to the Sharee’ah and haughty rejection of its rulings and showing dissent of Allaah and His Messenger, and challenging the courts of Islaamic Law, in its setting-up, maintenance, provisions, foundations and its branches, forms, types, its judgment and compulsion, references and sources. So just as the Sharee’ah courts have references and sources upon which they depend – all depending upon Allaah’s Book and the Sunnah of His Messenger – then in the same way the law-courts of the manmade laws have their sources: laws patched together from many different law-systems, like French laws, American laws, British laws, etc. and from the systems of innovators who claim allegiance to the Sharee’ah, etc. So these law-courts are now present in many Muslim lands, complete and established, with open doors and the people flock thereto in throngs; their judges give judgments going against the judgments of the Book and Sunnah – according to their own laws and making these pronouncements binding and agreeing thereto and making them unalterable, so what Kufr is greater than this, and what can be a greater contradiction of the testification that Muhammad is the Messenger of Allaah?”

Ash-Shaykh ash-Shinqeetee says in ‘Adwaa’ al-Bayaan “The strange thing is from those who rule by other than the Sharee’ah of Allaah, and then thereafter claims Islaam. Like Allaah (Ta’aalaa) Says, {Do you not see those who claim they believe in what was revealed to you and what was revealed before you? They wish to refer to false gods for judgment although they were commanded to reject them? Satan wishes to deviate them very far.} And He Says, {Whoever rules by other than what Allaah Revealed, then they are the disbelieves.} And He Says, {Should I seek someone other than Allaah as a judge although it is He who revealed to you the book that is detailed? Those who were given the book by Us know that it was revealed with truth by your Lord, so do not be from the doubters.}” (3/441)

And he said (Rahimahullaah) “Those who follow the laws of the legislators instead of the Sharee’ah of Allaah, are Mushriks associating partners with Allaah.” (4/82-83)

Shaykh Ahmad Shaakir says, “These manmade laws were forced upon the Muslims by the enemies of Islaam, who are public with their enmity. These laws, in reality, are another religion that they gave to the Muslims as a replacement to their pure and heavenly religion (of Islaam). This is because they obligated upon the Muslims obedience to this law, and planted in their hearts sanctification of it and fanaticism to it, to the point that many tongues and pens utter ‘sanctification of the law’, ‘holiness of the judgment’, ‘sacredness of the court’. They use many similar descriptions regarding manmade law which they refuse to describe the Islaamic Law by and the opinions of the Islaamic scholars of Fiqh. Instead, when they describe it, they call it reactionary, barbaric, clergy law, law of the jungle, etc.” (‘Umdat at-Tafseer 3/214)

He also says, “The matter of these manmade laws is clear as the clarity of the sun, it is open and clearcut Kufr which there is no secret or flattery about. There is no excuse for anyone who ascribes to Islaam, whoever he may be, to act upon it, or submit to it, or recognize it. So each person should be careful for himself and take note of himself.” (‘Umdat at-Tafseer 4/174)

Shaykh Muhammad Haamid al-Faqqee says, “What we can summarize from the words of the Salaf is that Taaghoot is all that deviates the slave and turns him from worshipping Allaah, being sincere in religion to Allaah, and obeying Allaah and His Messenger. This is whether that person or thing is a devil from the humans or Jinn, or if that thing is a tree or rock, etc. What is also included amongst Taaghoot, without doubt, is ruling by manmade laws which are foreign to Islaam in affairs of life, marriage, divorce, and ownership, to invalidate the Laws of Allaah, like establishment of the prescribed punishments, prohibition of interest, adultery, fornication, intoxicants, etc. These things which the manmade laws decided to legalize and defend by means of its makers and implementers. So, the laws themselves are Taaghoot, as well as those who legislate and make these laws.” (Footnotes to Fath al-Majeed)

So now we know that the law which prevails in the lands of the Muslims is a Taaghoot law and that our rulers are Taaghoot and disbelievers. They are from the worst of disbelievers and most harsh of them, for they not only ruled by the law of satan, but also declared that Allaah Exalted has no right to legislate and rule. This is clear because every single country has written in its constitution “Siyaadah (authority) is for the people.” Siyaadah in their false religion means the same as as-Sayyid (the Master) in the Religion of Allaah (Ta’aalaa), meaning the God. Because Siyaadah in their definition means unrestricted authority which has the right to determine the goodness or evil of all things and actions. In other words it is an authority to legalize and illegalize, which is the meaning of al-Haakim (The Ruler) and al-Ilaah (the God) and the one who is worshipped, as previously mentioned.

Regarding those countries which claim that they have not written manmade laws or constitutions, and claim to rule by the Qur’aan and Sunnah, then it is said to them:

What great liars and deceitful people you are, since your reality is the same as those countries which have written down constitutions and laws. Your similarity to them is like that of one crow to another. Then you claim that you did not place the authority in the hand of the people, and you did not claim that authority is for other than Allaah. So now you setup a Shooraa committee, changing the names of things to fool people only, and you have unified this committee with the parliamentary Shirk committees like the rest of your brothers. And now you enter into every single Kaafir institution like the Arab Conference and the United Nations, etc. Then you obligated the same laws from the Kufr manmade laws and constitutions, by which you legalize what Allaah Prohibited and illegalized what Allaah Permitted. You named these laws ‘regulations’, changing names although the reality is the same. So you legalized interest, and now the interest based banks are visible there with their gates wide open. So it is said to you, based upon what law was this type of action made permissible? Neigh this country we are referring to is the single country in the world which prevents the formation of what is called Islaamic banks.

Like this, oh truthful questioner, you see that our countries are ruled by apostate disbelieving governments and by disbelieving apostate rulers. And you see that they have legislated for the people a religion and forced upon the people to enter into it and comply by it.

Also these rulers gave friendship and alliance to the enemies of Allaah and at the same time gave enmity to the people of Islaam. Every single one of these rulers brings the Mushriks close to themselves, giving them friendship and alliance, aid and support, and defense. It is not permitted in the country of these rulers to ever curse these disbelievers nor to declare one’s hatred of them. They forced certain harsh punishments for anyone who dares to curse these Mushriks or their religions.

Amongst the forms of support and friendship they have given is that they made covenants of military and security pacts with them, which makes them into one religion and path. This is because the greatest form of friendship/alliance is support and aid. Allaah (Ta’aalaa) Says, {Oh you who believe, do not take the Jews and Christains as friends/allies, they are friends/allies of each other. Whoever does that amongst you then he is one of them, indeed Allaah does not guide the oppressive peoples.}

Ibn Jareer at-Tabaree said in the interpretation of the same verse, “So whoever befriends them, allies with the, and supports them against the believers then he is one of the followers of their religion and way. This is because no one befriends/allies anyone else unless he is pleased with their religion. So if he is pleased with them and their religion then he has enmity to what opposes it and hates it. So his ruling is that he is one of them.” (6/277)

Now we know the Kufr of these rulers due to this cause. So these rulers gave power to the Mushriks, Jews and Christians in the Muslim Lands. Also, another example of friendship/alliance that these apostates have fallen into is obedience to the Mushriks, by submitting to them, following their laws, and joining their groups, which are the institutions following the religion of Satan, like humanitarianism. This is like their belief, ‘there is no difference between people because of religion.’ So they called to equality between the Muslims and Mushriks under the banner of humanitarianism which was propagated by the Jews amongst these animals. And Allaah (Ta’aalaa) has cut the friendship/alliance of the Muslim to a Mushrik and obligated upon him to hate the Mushrik and his religion. Allaah (Ta’aalaa) Says, {Oh you who believe, do not take your fathers and brothers as friends/allies if they prefer disbelief over belief. Whoever among you allies and befriends them, then they are the oppressors.} So in this verse, Allaah Cut off all relationships of friendship/alliance between the believer and his Kaafir father or brother. So nevermind the foreigner? This also clarifies the deviance and Kufr of what is falsely called, in our lands, ‘brotherhood of citizenship.’ For under the claim of citizenship, the constitutions and laws of the lands, which are ruled by these apostates, specifies the equality of all the people of a particular land without recognizing the differences of religion and belief. They say, ‘The religion is for Allaah, but the nation is for everyone.’ And what it means is that the law of citizenship does not differ between people due to belief or religion. So the Muslim and Kaafir are equal with them, and Allaah Placed those who ally/befriend the Kuffaar equal in rule. Allaah (Ta’aalaa) Said, {And those who disbelieve are friends/allies of each other.} And from what the Prophets were united upon in conveying to the people was disavowal from the Mushriks, like Allaah (Ta’aalaa) described regarding the father of the Prophets (‘Alayhis-Salaam) {There has already been for you an excellent example to be followed in Ibraaheem and those with him, when they said to their people, “Indeed we are disassociated from you and from whatever you worship other than Allaah. We have rejected you, and there has started between us and you animosity and hatred forever until you believe in Allaah alone.”} (al-Mumtahinah v. 4)

Now look at these cursed ones, see what they have done with the Muslims and the callers to Allaah — they have hung the gallows, filled the jails, and expelled them from their lands. So every country has callers to Allaah who were put through tribulations, so they were jailed, tortured, and killed. They did not hurt them, except for the fact they believed in Allaah, al-‘Azeez al-Hameed (The Mighty and Praised). They only expelled the youth because of their purity, like Allaah (Ta’aalaa) Says regarding Loot, {Expel them from your city, for they are a people who purify themselves.}

So these rulers have left the religion of Allaah from these doors and other doors, and this is a necessary piece of knowledge which no Muslim should be ignorant of.

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Consquences of Takfeer of the Rulers


Al-Qaadee ‘Iyaad said, “The scholars have consensus regarding the fact that leadership cannot be given to a Kaafir, and if the ruler were to apostate, then he must be removed. This is also the case if he left establishing the prayers and calling to it.”

Someone might ask: Whats the importance of this knowledge? Is it obligatory upon a Muslim to do Takfeer of these Taaghoot rulers?

The answer: Yes. For it is necessary for each Muslim to know that Takfeer of the Kuffaar and infidels is a pillar of a Muslim’s creed. This is because there are obligations resulting from this Takfeer.

So if you ask, what are these obligations?

We say to you, you should know, dear brother, that disavowal from these Taaghoot is an obligation upon each and every Muslim. The proofs have already been mentioned regarding the fact that disavowal from these Taaghoots, the obligation of having hatred and enmity to them, and having no love for them, is a major principle pillar of belief by which one’s Islaam cannot be correct.

Also, from what our Imaams have stated is that Takfeer of the disbelievers is an obligation from the obligations of the religion. From the implications of this disavowal is hating them, not loving them, not entering into obedience of them. So it is not permissible for a Muslim to cooperate with them nor to enter one of their institutions of support and strength such as the army, security forces, and intelligence agencies. Whoever from the Muslims supports them by entering into these institutions, then he is under the threat of Allaah (Ta’aalaa), {Whoever befriends/allies them from you, then he is one of them.} This places him under enmity and fighting from the believers, which Allaah Obligated upon them. Allaah (Ta’aalaa) Says, {Those who believe fight in Allaah’s Cause and those who disbelieve fight in Taaghoot’s cause. So fight the friends/allies of Satan, indeed the plots of Satan are weak.} And Allaah (Ta’aalaa) Says, {Allaah does not give authority to the disbelievers over the believers.} So this is a Kaafir ruler, who must be removed from leadership and disobeyed.

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The Obligation of Fighting Them


Then know that this disavowal necessitates fighting these rulers, this is because if the ruler disbelieves and turns away from the Law of ar-Rahmaan (the Merciful) then he is to be fought until removed and replaced with a believer. This is the second obligation.

On the authority of ‘Ubaadah bin as-Saamit (Radiyallaahu ‘Anhu), he said, “Allaah’s Messenger (Sallallaahu ‘Alayhi wa Sallam) called us to pledge allegiance. Amongst those things he conditioned on us was to hear and obey in our times of energy and laxity, hardship and ease, even if some of our own desires are lost, and that we should not dispute the people of authority unless he said ‘you see clearcut open Kufr for which you have a proof from Allaah.’” (Agreed upon)

An-Nawawee said, “Al-Qaadee ‘Iyaad said, ‘The scholars have consensus regarding the fact that leadership cannot be given to a Kaafir, and if the ruler were to apostate, then he must be removed. This is also the case if he left establishing the prayers and calling to it….So if he disbelieves or changes the Law or innovates, then he loses the position of authority, obedience to him is dropped, and it is obligatory upon the Muslims to revolt against him, remove him, and place a just leader in his place if they are capable. If this is not possible except for a group amongst them, then it is obligatory upon them to revolt and remove the Kaafir. It is not obligatory in the case of an innovating ruler unless they think they are capable of replacing him. If they really are incapable then it is not obligatory to revolt, but the Muslim should migrate from his land to another and escape with his religion.’” (Sharh Saheeh Muslim by an-Nawawee, 12/229)

Ibn Hajr said, “Ibn at-Teen said, ‘And they agreed that if the Khaleefah called to Kufr or innovation, then he must be revolted against.’” Ibn Hajr then said, “Basically he is removed due to Kufr based upon the consensus of the scholars, so it is obligatory upon every Muslim to revolt against him.” (Fath al-Baaree 13/123)

So you see that the scholars have consensus regarding the fact that a Muslim should not approve the rule of a Kaafir over him, rather it is necessary that might and honor be for Allaah, His Messenger and the Believers, as Allaah (Ta’aalaa) Says. So the submission of a Muslim to a Kaafir and his rules is a form of humiliation which is not worthy for the believer.

Also, you need to know, may Allaah Preserve you, that the status of an apostate in our religion, like these rulers, is more severe and harsh than that of original Kaafirs. Ibn Taymeeyah (Rahimahullaah) said, “According to the consensus, the disbelief of apostasy is harsher than that of original Kufr.” (Majmoo’ al-Fataawaa 28/478)

He also said, “It is affirmed in the Sunnah that the punishment for an apostate is greater than that for an original Kaafir from a number of angles. Amongst them is that the apostate is killed in all situations and no Jizyah is taken from him, nor is he given Dhimmah, unlike the original Kaafir who is not from the people of fighting. Since he is not killed according to the majority of the scholars like Aboo Haneefah, Maalik and Ahmad. For this reason it is the opinion of the majority that the apostate is killed, as in the school of thought of Maalik, al-Shaafi’ee and Ahmad. Also, an apostate does not inherit, nor can he be married, nor can the animals they slaughter be eaten, unlike the original Kaafir. There are other rules of this nature.” (Majmoo’ al-Fataawaa, 28/534)

And Imaam Ahmad denounced the act of giving the covenant of Dhimmah to an apostate. In Jaami’ al-Khallaal, he said that al-Athram said, “I heard Abaa ‘Abdillaah (Ahmad) being asked about heretics (apostates) and whether or not Jizyah can be taken from them? So he denounced such, instead he said ‘their necks should be struck by the sword, we never heard of such a thing in Islaam.’ Then he (Ahmad) said, ‘Subhaanallaah?! Jizyah being taken from the apostates?’ He was denouncing that severely. Al-Athram said, ‘He was manifesting that denunciation and stressing it.” (Part 1340)

Neigh, the scholars even believed that the apostate should not be buried:

Ishaaq bin Mansoor said, “I said to Ahmad, the apostate, if killed, what should be done with his body? He replied, ‘It should remain where he was killed so it is like that place is his grave. This pleases me.” (Part 1301)

Ibn Taymeeyah said, “Aboo Bakr as-Siddeeq (Radiyallaahu ‘Anh) and the rest of the companions, began by Jihaad against the apostates before Jihaad against the disbelievers from Ahl al-Kitaab. This is because Jihaad against these is a preservation of what has already been conquered from the Muslim lands and to force back into the religion those who want to leave it. Whereas Jihaad against those who are not fighting us amongst the Mushriks and Ahl al-Kitaab is an additional manifesting of the Deen. Preserving the capital is given priority over gains.” (Majmoo’ al-Fataawaa 35/158-159)

So the obligation upon every Muslim is to wage Jihaad against these rulers until they are removed and eliminated from authority over the Muslims. It is also obligatory upon all the Muslims to dedicate their efforts to preparing the tools of Jihaad as much as possible so as to return the authority of the Muslims to the earth which they conquered with their blood, then these accursed rulers came along and changed the faith and religion, replaced the Sharee’ah, and returned the authority of the Mushriks over the lands.

Also, know that these rulers are spreaders of corruption throughout the earth because of their hatred of this Ummah, and because of their ruling by the laws of Satan. Allaah Ordered the believers to wage Jihaad against the spreaders of corruption, He (Ta’aalaa) Says, {The punishment for those who wage war against Allaah and His Messenger and spread corruption thoughout the earth is that they should be killed, or crucified, or their hands and feet should be amputated from opposite sides, or they should be expelled from the land.}

These rulers have gathered in themselves the act of waging war against Allaah and His Messenger by turning away from the Sharee’ah of Allaah and leaving submission to the laws of the Qur’aan and Sunnah, and by spreading corruption through the earth. So the obligation is that the Muslims revolt against them until the earth is purified of them.

This matter should come to be today not tomorrow. This is because every day and moment that passes over our Ummah while these rulers are at the top of authority only leads to an increase of their evil and the Ummah distancing from the religion of Allaah (Ta’aalaa). This is because these rulers with their parties and institutions of corruption, plant roots of corruption in the societies, and use all their energy to make corruption the life, culture and food of these societies. So wisdom is not as some claim, ‘to be patient is better than rushing to fight these apostates who replaced the Sharee’ah. Rather, the truth is that every time the people of Sunnah, Da’wah and Jihaad rush to remove these apostates, they have done good to themselves and their Ummah.

Do you not see, dear brother, what the media ministers do? They spread heresy and apostasy, immorality, vices, beautifications of sins and fornication? They call to the trash and mindlessness of destructive Shirk beliefs?

Do you not see what the ministry of justice does? Legalizing the Haraam and sexual sins? Loss of rights and completely changing things over? Where is there a person who is sure he can get his rights or fend of an oppression from himself through these courts which are run by the so-called ministries of justice?

Then, do you not see these financial institutions which are run by the government? All of its matters are based upon Haraam interest. Noone is capable of securing his wealth except in these interest based banks. Noone is capable of carrying his trade on except through them. And all these loans, which they claim are only to improve people’s living conditions, are only performed with interest.

Do not forget to remember and think about the insurance plans which are forced upon people if they want to use life essentials like cars and other things.

Also, do you not see the ministry of education? See what it has done to a generation of youths who have graduated from its schools and institutions? What have they taught them and informed them about? What, from Islaam, have they reared and nurtured them on?

The days just increase the clarity of this matter, after the so-called peace initiatives with the brothers of apes and swine, when they removed every Qur’aanic verse or Hadeeth or tradition indicating the hatred the Muslim should have to his religion’s enemies. Also, they began to propagate what is called coexistence, which in reality is a destruction of the creed of Walaa’ and Baraa’. This creed which is needed for one’s Islaam to be sound, as was explained before. Also look to the rest of their educational institutions, like the colleges for higher studies and universities, and compare them to the command of Allaah (Ta’aalaa). You will see the full and clear reality of these institutions and circles, which are enforced by these Taaghoots and their aids.

So does any excuse remain for the Muslim to abstain from revolting and fighting against these rulers? When Allaah (Ta’aalaa) Says, {Fight them until there is no more Fitnah and the religion is all for Allaah.} Is the religion in our lands for Allaah? Or is it mostly for other than Allaah? And just a small portion of it they claim is derived from Islaamic Sharee’ah.

So if part of the religion is for Allaah and another part for others than Him, then it is an obligation to fight these rulers and wage Jihaad until the religion is all for Allaah (Subhaanahu wa Ta’aalaa) alone.

Source: Salafiyyah-jadeedah

Part 3

The ruling on the physical Jihad

The ruling on jihad for women

Jihad with one’s wealth is compulsory for the rich


The Ruling on physical Jihad

Question :

 

Is it obligatory for every Muslim to go out for jihad? Or is jihad mustahabb and not obligatory?.


Answer :

Praise be to Allaah.  

Physical jihad is the pinnacle of Islam, and some scholars regarded it as the sixth pillar of Islam. 

The Muslims have neglected jihad for a long time, so they deserve the punishment of Allaah, to be humiliated, belittled and defeated. That humiliation will never be lifted from them until they come back to their religion as the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “When you enter into the ‘aynah transaction, hold the tails of oxen, are content with farming, and give up jihad, Allaah will cause humiliation to prevail over you, and will not withdraw it until you return to your commitment to Islam.” Narrated by Abu Dawood, 2956; classed as saheeh by al-Albaani in Saheeh Abi Dawood.

[Translator’s note: ‘Aynah transaction means to sell a product for a known price with deferred payment and then buy it back from the purchaser for a lesser price, so the purchaser will still have to pay the difference in the future] 

One of the strangest things to note is that we are living in a time when some of the Muslims are embarrassed to quote the verses and ahaadeeth on jihad in front of their kaafir friends. Their faces turn red because they are too shy to mention the rulings on the jizyah, slavery and killing prisoners of war. They wish that they could erase these verses and ahaadeeth from the Qur’aan and Sunnah so that they would not be criticized by this world with its backward principles despite its claims to be civilized. If they cannot erase them then they try to misinterpret them and distort their meanings so that they suit the whims and desires of their masters. I will not say so that they suit their whims and desires, for they are too weak to have their own whims and desires, and too ignorant. Rather it is the whims and desires of their masters and teachers among the missionaries and colonialists, the enemies of Islam.” 

‘Umdat al-Tafseer, 1/46. 

The result of that is that we hardly hear anything nowadays apart from the following phrases: world peace … peaceful coexistence … safe borders … a new world order … the calamities of war… 

Those who proclaim the verses and ahaadeeth of jihad nowadays are subject to a number of accusations. They are called terrorists, extremists, enemies of peace and bloodthirsty, and are accused of wanting to destroy twentieth century civilization. 

This is the unfortunate reality in which the Muslim ummah is living nowadays. That is because we have given up supporting our religion and doing the duties that Allaah has enjoined upon us. 

Allaah has commanded us to support His religion and to wage jihad against His enemies.

 There are so many verses that enjoin jihad against the mushrikeen and fighting them until all submission is for Allaah alone; they clearly state that it is obligatory and is prescribed and is compulsory. Allaah says (interpretation of the meaning): 

“Jihaad(holy 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”

[al-Baqarah 2:216] 

Rulings on jihad 

The scholars (may Allaah have mercy on them) have mentioned the rulings on jihad and have stated that jihad is of two types: 

1 – Taking the initiative in fighting 

This means pursuing the kaafirs in their lands and calling them to Islam and fighting them if they do not agree to submit to the rule of Islam. 

This kind of jihad is fard kifaayah (a communal obligation) upon the Muslims. Allaah says (interpretation of the meaning): 

“And fight them until there is no more Fitnah (disbelief and polytheism, i.e. worshipping others besides Allaah), and the religion (worship) will all be for Allaah Alone [in the whole of the world]. But if they cease (worshipping others besides Allaah), then certainly, Allaah is All-Seer of what they do”

[al-Anfaal 8:39] 

“Then when the Sacred Months (the Ist, 7th, 11th, and 12th months of the Islamic calendar) have passed, then kill the Mushrikoon (see V.2:105) wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent [by rejecting Shirk (polytheism) and accept Islamic Monotheism] and perform As‑Salaah (Iqaamat-as-Salaah), and give Zakaah, then leave their way free. Verily, Allaah is Oft-Forgiving, Most Merciful”

[al-Tawbah 9:5] 

“and fight against the Mushrikoon (polytheists, pagans, idolaters, disbelievers in the Oneness of Allaah) collectively as they fight against you collectively. But know that Allaah is with those who are Al Muttaqoon (the pious”

[al-Tawbah 9:36] 

“March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor), and strive hard with your wealth and your lives in the Cause of Allaah. This is better for you, if you but knew” [al-Tawbah 9:41] 

It was narrated from Ibn ‘Umar that the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “I have been commanded to fight the people until they bear witness that there is no god but Allaah, and that Muhammad is the Messenger of Allaah, and establish regular prayer, and pay zakaah, If they do that then their blood and wealth is safe from me, except by the laws of Islam, and their reckoning will be with Allaah.” (Narrated by al-Bukhaari, 24; Muslim, 29). 

Muslim (3533) narrated from Abu Hurayrah that the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “Whoever dies without having fought or thought to himself about fighting has died following one of the branches of hypocrisy.” 

All of these texts – and many others in the Qur’aan and Sunnah – mean that it is obligatory for the Muslims to wage jihad against the kuffaar and take the initiative in that. The scholars are unanimously agreed that jihad against the kuffar, and seeking them in their own lands, and calling them to Islam, and waging jihad against them if they do not accept Islam or accept paying the jizyah, is obligatory and has not been abrogated. 

Shaykh al-Islam (28/249) said: 

Everyone who hears the call of the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) to the religion of Allaah with which he was sent and does not respond to it must be fought so that there will be no fitnah and so that submission will all be for Allaah. 

Ibn ‘Atiyah said (2/43): There remains scholarly consensus that jihad is a communal obligation upon the ummah of Muhammad [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), and if some of the Muslims undertake this duty the rest are absolved of responsibility. 

2 – Jihad in self-defence. 

If the kuffaar attack and occupy a Muslim country, or they prepare to attack the Muslims, then it is obligatory for the Muslims to fight them so as to ward off their evil and foil their plots. Jihad in self-defence is fard ‘ayn (an individual obligation) upon the Muslims, according to scholarly consensus.  

Al-Qurtubi (may Allaah have mercy on him) said in his Tafseer (8/15): 

When jihad becomes inevitable because the enemy has overrun one of the (Muslim) regions, then it becomes obligatory for all the people of that region to mobilize and to go out to fight, whether they are light (being healthy, young and wealthy) or heavy (being ill, old and poor), each according to his abilities, with or without the permission of his parents. No one who is able to go out, warrior or helper, should stay behind. If the people of that country are unable to fight their enemy, then those in nearby and neighbouring countries have to go out to fight, in whatever numbers are required to show support, so that they will know that they have the strength to stand up to them and ward them off. Similarly everyone who knows of their weakness in the face of their enemies and knows that he can go and help them must also go out and fight. All of the Muslims should be united against their enemies. If the people of the area where the enemy has invaded and occupied fight off the enemy themselves, then the others are relieved of that duty. If the enemy approaches the Muslim lands but does not enter, the Muslims must still go out to confront them so that the religion of Allaah will prevail and in order to protect the Muslim homeland and humiliate the enemy. There is no scholarly dispute on this point. 

Shaykh al-Islam (28/358-359) said: 

If the enemy wants to attack the Muslims then resisting becomes obligatory on all those who are under threat, and those who are not under threat are obliged to help them, as Allaah says (interpretation of the meaning): 

“but if they seek your help in religion, it is your duty to help them except against a people with whom you have a treaty of mutual alliance”

[al-Anfaal 8:72] 

And the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) also commanded us to help other Muslims. This is obligatory upon each person as much as possible, by fighting himself or by giving financial support, as was the case at the time of al-Khandaq, when Allaah did not grant any concession to anyone not to fight. Rather the Qur’aan condemns those who asked the Prophet for permission [not to fight] on the grounds that their houses were vulnerable when that was not the case, rather they just wanted to flee the battle. This fighting is in order to protect the relihion, and protect lives and honour, and this is absolutely essential. 

This is the ruling on physical jihad in Islam, whether that is taking the initiative to call the kuffaar to enter this religion and subjugate them to the rule of Islam, or jihad to defend the religion and honour of the Muslims.  

We ask Allaah to bring the Muslims back to their religion. 

And Allaah knows best.


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The ruling on jihad for women

Question :

 

This is an import matter about which I am confused. What is the ruling on jihad for women?.


Answer :

Praise be to Allaah.  

Jihad is not obligatory for women. Ibn Qudaamah (may Allaah have mercy on him) said: 

In order for jihad to be obligatory there are seven conditions: being Muslim, being an adult, being of sound mind, being free, being male, being physically sound and 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 jihad, an insane person cannot go for jihad and a child is physically weak. Ibn ‘Umar said: “I presented myself to the Messenger of Allaah [an error occurred while processing this directive] (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 jihad? He said: “Jihad in which there is no fighting: Hajj and ‘Umrah.” And because women are not able to fight because they are (physically) weak. 

From al-Mughni, 9/163. 

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

Can a woman go out to help the mujaahideen and treat the wounded? 

Al-Sarkhasi said in Sharh al-Siyar al-Kabeer (1/184): Chapter on women fighting alongside men and being present in war: He said: we do not like women to fight alongside men in war because a woman does not have the right physical make-up for fighting, as the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) indicated when he said: “This one was not a fighter” (said when he saw the body of a woman slain on the battlefield). And when a woman fights, the ‘awrah of the Muslims may become exposed and the mushrikeen will rejoice at that, and that may be a cause of the mushrikeen increasing their hopes of defeating the Muslims, and they may think that the Muslims are weak because they had to bring the women to fight, so they will say, ‘They need the help of women to fight us.” So this should be avoided. For this reason it is not recommended for women to participate directly in the fighting. But if the Muslims have no choice and are forced to do that, because repelling the kuffaar when necessary by whatever means the Muslims have at their disposal, is permissible, rather it is obligatory. The story of Hunayn is quoted as evidence for that. 

At the end of this story it says: Umm Sulaym bint Milhaan, who was fighting that day with a cloth tied around her stomach, said: “O Messenger of Allaah, what do you think about these people who ran away from you and let you down? You should not forgive them if Allaah gives you power over them.” He [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “O Umm Sulaym, the forgiveness of Allaah is immense.” She repeated that three times, and each time the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “The mercy of Allaah is immense.” In al-Maghaazi it is narrated that she said: “O Messenger of Allaah, should we not kill these who ran away (from the battlefield) as we killed the mushrikeen?” He [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said:  “The forgiveness of Allaah is immense.” What greater need can there be for women to fight than this incident when the men fled and abandoned the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him). This clearly shows that there is nothing wrong with women fighting when that is essential, because the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) did not prevent this woman from fighting on that occasion. But it is not narrated that he gave the women permission to fight on other occasions. There is nothing wrong with old women being present at times of war to tend the wounded, bring water and cook food for the soldiers if they need that, because of the hadeeth of ‘Abd-Allaah ibn Qarat al-Azdi who said: The womenfolk of Khaalid ibn al-Waleed and the womenfolk of the Sahaabah had their sleeves rolled up, bringing water to the mujaahideen and reciting encouraging poetry, when he was fighting the Byzantines. What is meant here is old women, because young women are not allowed to go out for fear of fitnah, and old women can take care of the needs in such situations. And it was narrated that Umm Mutaa’, who was present at Khaybar with the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), said: I saw Aslam (one of the Arab tribes) when they complained to the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) about the difficulties they were facing, so he recommended that they engage in jihad and they responded. I saw that Aslam were the first ones to reach the fortress and the sun did not set on that day until Allaah had enabled us to conquer it. 

This clearly shows that she went out with the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), and he did not forbid her to do so. From this we know that there is nothing wrong with an old woman going out to help the mujaahideen by doing tasks that are appropriate for them. And Allaah is the Source of strength. End quote. 

It says in Khishshaaf al-Qinaa’ (3/26): Women are not allowed (to engage in jihad) because they are a source of temptation, as well as not being qualified to fight, because of their natural tendency to be weak and cowardly, and because there is no guarantee that the enemy will not capture them and regard it as permissible to do to them that which Allaah has forbidden. Some of the scholars said: except the wife of the ruler or commander, who may be present to attend to his needs, because of the actions of the Messenger of Allaah [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), or an old women in cases of need only, such as giving water to the troops and treating the wounded, because al-Rubayyi’ bint Mu’awwidh said: “We used to go out to fight with the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him), bringing water and serving them, bringing back the wounded and the slain to Madeenah.” Narrated by al-Bukhaari. And a similar report was narrated from Anas by Muslim. That is because men may be distracted from these tasks by fighting, so this is a help to the Muslims and supporting them in their fight. 

All of this has to do with jihad in cases where the enemy has not invaded the Muslim land, in which case jihad becomes obligatory on every able-bodied person, man or woman, and a woman may then go out without her husband’s permission. Al-Kaasaani al-Hanafi (may Allaah have mercy on him) said: “But at times of general mobilization, such as when the enemy is seeking to invade a Muslim land, then it becomes an individual obligation (fard ‘ayn) on every single Muslim who is able to fight, because Allaah says (interpretation of the meaning): 

“March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor)”

[al-Tawbah 9:41] 

It was said that this was revealed concerning general mobilization. 

And Allaah says (interpretation of the meaning): 

“It was not becoming of the people of Al‑Madinah and the bedouins of the neighbourhood to remain behind Allaah’s Messenger (Muhammad r when fighting in Allaah’s Cause) and (it was not becoming of them) to prefer their own lives to his life”

[al-Tawbah 9:120] 

From Badaa’i’ al-Sanaa’i’, 7/98 

It says something similar in al-Sharh al-Sagheer, one of the Maaliki books (2/274): that if the enemy attacks a Muslim land, then jihad becomes an individual obligation for every man and woman. 

In conclusion: 

Jihad is not obligatory for women in principle, except in cases of necessity, such as if the kuffaar attack a Muslim land, in which case jihad becomes obligatory for women, according to their abilities. If a woman is not able to fight then she is not obliged to do so, because Allaah says (interpretation of the meaning): 

“Allaah burdens not a person beyond his scope”

[al-Baqarah 2:286] 

And Allaah knows best.

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Jihad with one’s wealth is compulsory for the rich

Question :

I am a Muslim woman and have a great deal of wealth, praise be to Allaah. Is it obligatory for me to pay some of the wealth to the oppressed Muslims whose enemies are trying to occupy their land and kill them, as in Chechnya, Palestine and other Muslim lands?.


Answer :

Praise be to Allaah.  

The Muslims are obliged to help their oppressed brothers in all places. Allaah says (interpretation of the meaning): 

“The believers are nothing else than brothers (in Islamic religion)”

[al-Hujuraat 49:10] 

The Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “The Muslim is the brother of his fellow-Muslim; he does not wrong him or abandon.” Narrated by al-Bukhaari, 2442; Muslim, 2580.  Muslim added in another hadeeth (2546), “and he does not forsake him.” 

Al-Haafiz said:  

“He does not abandon him” means he does not leave him with someone who could harm him, or in a situation where he could be harmed, rather he helps him and defends him… That may be obligatory or it may be recommended, depending on the situation. 

He said in al-Nihaayah: “Abandoning someone” refers to when he leaves him to his fate and does not protect him from his enemy. 

From Tuhfat al-Ahwadhi

Al-Nawawi said: 

“And he does not forsake him” – the scholars said: forsaking means failing to help and support. What this means is that when a person is asked for help to ward off an oppressor and the like, he must help him if that is possible and he has no legitimate shar’i excuse (for not doing so). 

The jihad in Chechnya, Palestine and other occupied Muslim countries or countries that the enemy is trying to occupy and take over comes under the heading of jihad for the purpose of self-defence. We have already discussed the rulings on that in question no. 34830. 

If a man is not able to help his Muslim brothers himself by joining them physically in jihad, then he must help them and strive in jihad with them by means of his wealth if he is rich. 

Similarly a woman is also obliged to engage in jihad by means of her wealth. 

Jihad with one’s wealth is mentioned alongside jihad with one’s self in the Book of Allaah. 

Allaah says (interpretation of the meaning): 

“March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor), and strive hard with your wealth and your lives in the Cause of Allaah. This is better for you, if you but knew”

[al-Tawbah 9:41] 

“Not equal are those of the believers who sit (at home), except those who are disabled (by injury or are blind or lame), and those who strive hard and fight in the Cause of Allaah with their wealth and their lives. Allaah has preferred in grades those who strive hard and fight with their wealth and their lives above those who sit (at home). Unto each, Allaah has promised good (Paradise), but Allaah has preferred those who strive hard and fight, above those who sit (at home) by a huge reward”

[al-Nisa’ 4:95] 

“Those who believed (in the Oneness of Allaah — Islamic Monotheism) and emigrated and strove hard and fought in Allaah’s Cause with their wealth and their lives, are far higher in degree with Allaah. They are the successful”
[al-Tawbah 9:20] 

“Only those are the believers who have believed in Allaah and His Messenger, and afterward doubt not but strive with their wealth and their lives for the Cause of Allaah. Those! They are the truthful”

[al-Hujuraat 49:15] 

Abu Dawood (2504) narrated from Anas that the Prophet [an error occurred while processing this directive] (peace and blessings of Allaah be upon him) said: “Fight the mushriks by means of your wealth and your selves and your tongues.” Saheeh Abu Dawood, 2186. 

Al-San’aani said in Subul al-Salaam, 4/87 

This hadeeth indicates that it is obligatory to fight in jihad with one’s self, which means going out and confronting the kuffaar directly; with one’s wealth, which means spending on what is required for jihad such as weapons etc; and with one’s tongue, by establishing proof against them, calling them to Allaah, and by raising one’s voices when meeting the enemy and shouting at them and everything else that will cause harm to the enemies. 

Al-Shawkaani said in Nayl al-Awtaar (8/29): 

This indicates that it is obligatory to engage in jihad against the enemy with one’s wealth, one’s hands and one’s tongue. The Qur’aanic command mentions jihad with one’s self and one’s wealth in several places, and the apparent meaning of the command is that it is obligatory.  

Shaykh al-Islam Ibn Taymiyah said in al-Ikhtiyaaraat, p. 530: 

Whoever is unable to take part in jihad physically but is able to take part in jihad by means of his wealth, is obliged to take part in jihad by means of his wealth. So those who are well off must spend for the sake of Allaah. 

Based on this: it is obligatory for women to take part in jihad by means of their wealth if they have excess wealth. The same applies to the wealth of minors if there is a need, just as it is also obligatory to pay zakaah on this wealth. But if the enemy attacks, there is no room for differences of opinion, because in that case it is obligatory according to scholarly consensus, to ward off their harm to religious commitment, lives and honour.  

Spending for the sake of Allaah is one of the best kinds of charity, for which Allaah has promised a great reward. He says (interpretation of the meaning): 

“The likeness of those who spend their wealth in the way of Allaah, is as the likeness of a grain (of corn); it grows seven ears, and each ear has a hundred grains. Allaah gives manifold increase to whom He wills. And Allaah is All-Sufficient for His creatures’ needs, All-Knower”

[al-Baqarah 2:261] 

Al-Sa’di (may Allaah have mercy on him) said: 

The likeness of those who spend their wealth in the way of Allaah” means, in obedience to Him and seeking His pleasure, foremost among which is spending on jihad for His sake. “Is as the likeness of a grain (of corn); it grows seven ears, and each ear has a hundred grains” this gives a vivid image of the greatness of the multiple reward, as if a person can see that with his own eyes, so that with strong faith and this vivid image in his mind, a man will be able to spend in the hope of this great reward from Allaah. 

 “Allaah gives manifold increase” meaning, this multiplication of the reward, “to whom He wills”, meaning according to the situation of the giver and his sincerity and honesty, and according to the situation of what is given, whether it is halaal and beneficial and whether it is spent in an appropriate manner. “Allaah gives manifold increase” – more than that, “to whom He wills” – so He gives them reward without reckoning.

And Allaah is All-Sufficient” giving abundantly, so the giver should not imagine that this increase is a kind of exaggeration, because no bounty is too great for Allaah to give, and giving does not decrease what He possesses of bounty.

And He is “All-Knower” and knows who deserves that increase and who does not, so He bestows the increase as appropriate because of His complete knowledge and wisdom. 

End quote. 

We ask Allaah to help the Muslims against their enemies. 

And Allaah knows best.

Islam Q&A (www.islam-qa.com) == Question #26106: Jihad with one’s wealth is compulsory for the rich. == http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=26106&dgn=4

Source: Salafiyyah-jadeedah

Part 4

Question: Can we fight Jihad if we do not have an Amir (leader)?

Question: Does one fight alone if the rest stay behind?

Question: Do we fight alongside Muslims that are below acceptable levels of Islamic education?

Question: Can we seek help from the disbelievers if we are in a weak position?


Question: Can we fight Jihad if we do not have an Amir (leader)?

Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

Yes we fight, and we haven’t an Amir. None has said that the absence of a community of Muslims under an Amir cancels the Fard of jihad. In fact we have seen Muslims at the time of the Crusades and during the Tar-tar invasions fighting with different Amir’s. In Halab (in Syria) there was an Amir, in Damascus there was an Amir, and in Egypt there was more than one Amir. Some of these even asked help from Christians against their brother Amir, as what happened when Shawar asked help from Christians against another Amir , Dar Gham, in Egypt.

Not one of the scholars has said that such a situation and such corruption cancels the obligation of jihad for the defense of the Muslim lands. On the contrary it multiplies their duty. The same thing happened in Andalusia, as the poets said: “They were divided into sects, each in their places, Each place an Amir and each its pulpit”

And another wrote, “That which made me dispair of Andalusia, were the king’s titles, Great titles of which they were not worthy, Like the cat who mimics the lion by puffing himself up”

Not one of the scholars has said that there is no jihad under these conditions, in fact, the scholars were themselves in the front lines of Andalusia.

The battle may be void of a legitimate commander appointed by the Amir. As it was on the Day of Mu’tah. Khalid Bin Walid stood up and raised the flag, that by him, Allah saved the Muslim army. And, for this he was commended by the Prophet (sallallahu alayhe wa salam).

Maybe the Imam or the Amir al Mu’mineen is not present, this does not annul the obligation of fighting and the defense of the Muslim lands. We do not wait for the Caliphate to be restored. Because, the Caliphate does not return through abstract theories, amassed knowledge and studying. Rather, jihad is the right way to reform the divided authorities to the ultimate authority of the Caliphate.

The mujahideen choose their Amir for jihad from amongst themselves. He organizes them and unifies their efforts and makes the strong support the weak. In a sahih hadith from Uqbah Bin Amar, who was amongst the to-be-mentioned party, said: “The Prophet (sallallahu alayhe wa salam) sent out a party and he chose from amongst them a swordsman (leader). When he returned he said, “I have not seen the like of when the Prophet (sallallahu alayhe wa salam) blamed us. He said, “are you unable that if I send a man and he fails to apply my order to replace him with one who applies my order.” (Abu Daud and Ahmad and Sahih al Hakim and agreed upon by ath Thahabi. See Fath ar Rabbani 14/45).

The Messenger of Allah (sallallahu alayhe wa salam) encouraged them to change the Amir of the party even if he was given the flag by the noble hand of the Prophet himself. So how is it if there is no Amir from the beginning? Of the most critical situations requiring an Amir is that of wartime.

Ibn Qadama said in Al Mughni 8/253: “The absence of an Imam does not postpone the jihad because much is lost in its postponement”. If the people choose an Amir, he must be obeyed. As mentioned in Fath al Ali al Malik 1/253.

The Sheikh Miyara stated that if there is an absence of an Amir, and the people are agreed to appoint a great one in this time, to pave their ways, to make the strong support the weak, and he exerts his effort to achieve this to the best of his ability, it is evident that to stand against him is not permitted. Who opposes him seeking to create sedition, disobeys Islam and disrupts the Jamat. In Sahih Muslim: “Surely it will be predicaments and predicaments and who wants to disrupt the order of this Ummah while they are a whole, kill him whoever he is”. And: “Who came to you while you are united under one man, and wants to disrupt your Jamat kill him”. {Defence of the Muslim Lands, pages 32-34}


Question: Does one fight alone if the rest stay behind?

Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

Yes he fights alone because Allah the Almighty the Majestic revealed these words to His Prophet (sallallahu alayhe wa salam): “Then fight (O Mohammed sallallahu alayhe wa salam) in the cause of Allah, your are not tasked (held responsible) except for yourself, and incite the believers (to fight along with you) it may be that Allah restrain the evil might of the disbelievers. And Allah is stronger in might and stronger in punishing.” (Soorat An Nisa’: 84)

This verse orders the Messenger (sallallahu alayhe wa salam) in two obligations:

1- Fight, even if alone.

2- Incite the believers.

The Lord of Honor relates the wisdom of fighting. It is for restraining the evil might of the unbelievers because unbelievers fear not our presence unless we fight: “And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allah) and the religion (worship) will all be for Allah alone…” (Soorat Al Anfal: 39).

By neglecting fighting, Shirk, which is the Fitnah spreads, and Kufr becomes victorious. The companions (radhi Allahu anhom) understood this verse according to its apparent meaning.

Abi Ishaq said: “When a man throws himself at the Mushrikun, does he throw himself into destruction by his own hands?” He said, “No, because Allah sent his Messenger (sallallahu alayhe wa salam) and He said: “Then fight (O Mohammed sallallahu alayhe wa salam) in the cause of Allah, your are not tasked (held responsible) except for yourself…”, what you cited refers to spending.” (The meaning of “what you cited refers to spending” is derived from the verse “And spend in the cause of Allah (i.e. jihad of all kinds etc.) and do not throw yourselves into destruction by your own hands…” [Quran 2:195] for neglecting the spending in the cause of Allah is the destruction. . (Reported by Ahmad and verified by al Hakim and agreed upon by ath Thahabi. Al Fath ar Rabbani 14/8)

Ibn Arabi said in Ahkam al Qur’an 2/954: “There may arise such a situation in which it is obligatory upon each and every one to march forward, when jihad is Fard Ayn if the enemy invades one of our countries or he surrounds one of our territories. Then, it is obligatory upon the whole of creation to march out for jihad. If they fail to respond, they are in sin. If the march is general, due to the enemy’s occupation of a territory or capture of prisoners, the march is obligatory upon everyone. The light, the heavy, the riding, the walking, the slave and the free man shall all go out. Whoever has a father, without his permission and whoever has not a father, until Allah’s religion prevails, defends the territory and the property, humiliates the enemy and rescues the prisoners. On this there is no disagreement.

What does he do is the rest stay behind? He finds a prisoner and pays his ransom. He attacks by himself if he is able, and if not he prepares a warrior.”

Fighting alone pleases Allah. As in a Hasan hadith reported by Ahmad and Abu Dawud, he (sallallahu alayhe wa salam) said: “Our Lord marvels at a man who attacks in the cause of Allah while his companions are beaten back and he knows what is upon him and he returns towards the fight until his blood is spilt and Allah the Almighty the Majestic says to his Angels: “Look at my slave he returned desiring that which is with Me and fearing that which is from Me until his blood was spilt.” {Defence of Muslim Lands, pages 35 -36}

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Question: Do we fight alongside Muslims that are below acceptable levels of Islamic education?

Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

This question comes from certain people and some of them are sincere. They ask how can we fight with people like Afghanis, amongst them truthful, amongst them the dishonest, where smoking and Niswar (type of Tobacco) is widespread, for which he would even sell his gun? They are a people who adamantly follow their Hanafi Mathhab and some of them wear talismans.

Before I clarify the ruling of the Shariah, I say: show me a Muslim people on the earth who do not have similar problems. Shall we leave the Kuffar in every Muslim land because these problems are present?

Answer 

We must fight because fighting is based on confronting the greater harm. This principle is mentioned in Al Ahkam al Adial al Mad: 

Article 26: “The private harm should be bared to protect the public from it”. 

Article 27: “The greater harm may be resolved by the lesser harm”. 

Article 28: “If one cannot act except by committing one of two evils, he performs the lesser to repel the greater”. 

Article 29: “The lesser of two evils is selected first”. 

We must choose from two evils; which is the greater evil: that Russia takes Afghanistan, turns it into a Kaffir country and forbids Qur’an and Islam for it. Or, jihad with a nation with sins and errors?

Ibn Taymia said in Majmu’ al Fatawa 28/506: “It is from the principles of Ahlul Sunnah wal Jammah to participate in an expedition with every good and bad Muslim. As the Prophet (sallallahu alayhe wa salam) informed us, Allah may support this religion even with a bad man or an immoral people. If an expedition is not possible except with bad Amirs or with sinful soldiers, he must select one of the following two: to turn away from them, leaving the expedition in their hands, in which case the enemy could overrun the remaining people, which is a greater harm for them in their religion and their lives. Or, participate in an expedition with a bad Amir, and in this way the more harmful of the two options may be resolved. Even if the Muslims cannot manage to preserve all of their practices, at least they manage to preserve most of them. It is obligatory in this situation and in any similar situation. Many expeditions with the Rightly Guided Caliphs happened in this manner. The Prophet (sallallahu alayhe wa salam) affirmed: “There is good in the forelocks of horses until the day of resurrection as reward and booty”. As long as they are Muslims it is obligatory to fight alongside with them.”

The banner in Afghanistan is Islamic and the goal is the establishment of the religion of Allah in the earth. If only the Muslims had fought in Palestine, in spite of the corruption that was present in the early stages, and before the situation had become aggravated with the arrival of George Habash, Naif Hawatma, Father Capici and their likes, Palestine would not have been lost. While all the leaders of the Afghani jihad fast and pray, along with other practices, and are calling for Islam.

It is obligatory to fight with any Muslim people as long as they are Muslims. It does not matter how bad or corrupted they are as long as they are fighting the Kuffar, People of the Book or Atheists. Shawkani said in Nayl al Awtar 8/44: “The scholars agree that it is allowed to seek help from bad or corrupted Muslims against the Kuffar.”

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Question: Can we seek help from the disbelievers if we are in a weak position?

Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

Some people believe in seeking help from America and western states for jihad in Afghanistan, and seeking help from Russia against Jews in Palestine. This type of assistance is Haram by the agreement of the scholars of Fiqh and it forfeits the ultimate aim of jihad. There are several contradictory hadith on this subject. The following are hadith that forbid seeking help from Kuffar:

1- Hadith in Sahih Muslim: He (sallallahu alayhe wa salam) said to a Mushrik on the Day of Badr, “Get back, I will not accept the help of a disbeliver.” (Nayl al Autar 7/128).

2- Another hadith: “We do not seek help from disbelievers against disbelievers.” (Reported by Muslim, Nayl al-Autar 7/128)

And there is a sahih narration that Safwaan Bin Umaya fought alongside the Prophet (sallallahu alayhe wa salam) and he was a Kaffir. An Nawawi said, in Tahtheeb al Asma wal Loughat 263: “Safwan Bin Umaya saw Hunayn with the Prophet (sallallahu alayhe wa salam) as a Kaffir”. The Messenger of Allah (sallallahu alayhe wa salam) borrowed on the Day of Hunayn the shields from Safwan Bin Umay. He said to him, “this loan will be returned to you”. Sahih hadith reported by al Hakim, see Sahih Al-Jaamia’ 3862.

It is well narrated by the Biographers that Qasman marched out with the Prophet (sallallahu alayhe wa salam) on the day of Uhud and killed three flag bearers of the Mushrikun. The Prophet (saw) said of him: “Allah may support this religion by an evil man.” 

Consequently, because of the contradictory hadiths the scholars differ as to how to reconcile them. The seeking of help from the disbelievers was forbidden but later abrogated. Al Hafiz in Al Talkhees said this is the best reconciliation, and ash Shaffie agrees. (Nayl Al-Autar 8/44)

The four major scholars of Fiqh are in agreement that seeking assistance from the Kuffar is restricted to conditions:

1) The rule of Islam must have the upper hand, that is to say, the Muslims must be stronger than the combined group of the disbelievers from whom they are seeking help as well as the disbelievers they are fighting. This is in case the disbelievers decide to collaborate against the Muslims.

2) The Kuffar must have a good opinion of the Muslims, and the Muslims must feel safe from their treachery and this is estimated from their behavior.

3) The Muslims must be in need of the Kaffir or the Kuffar they ask help from.

Opinions of the Mathhabs

Hanafi Opinion

Mohammed Bin al Hasan said in Sharaha Kitab as Sir Faqara 201: “It is acceptable for Muslims to ask help from the disbelievers against the disbelievers if the rule of Islam has the upper hand.” Al-Jassas said in Ahkam Al-Quran: “Our peers said, “it is acceptable to seek help in fighting from disbelievers against disbelievers that when the coalition becomes dominant, the rule of Islam is uppermost.”

Maliki Opinion

Ibn al Qasim said: “It is not my opinion that they may seek their assistance in fighting alongside with them unless they occupy servant roles, then I see no problem with this.” (Al Maduna 2/40) Imam Malik said: “It is not my opinion that they may seek help from disbelievers against disbelievers unless they occupy servant roles”. (Al Qurtubi 8/100)

Shaffie Opinion

Ar Ramli said: “The Imam or second in command may ask help from the Kuffar even if they are Ahlul Harb (people otherwise at war with Muslims) if he knows they have a good opinion of us under the condition that we need them to serve or fight because we are few.” (Nihayat al Mahtaj 8/58 and Takmila al Majmua 19/28).

Hanbali Opinion

Ibn Qadamah said: “From Ahmad it is permissible to ask help from the disbelievers, in fact it is Ahmad’s opinion that the Kaffir has a share in the booty if he participated in the expedition under the Imam. He went outside of the opinion of the majority which does not allow him a share.” (Al Mughni 8/414)

Part 5

1. We need to establish a Khalifa first then we can do jihad

2. Chasing good professions, e.g. doctor, architect, etc

3. Busy with seeking knowledge

4. Giving da’wah alone


1. We need to establish a khalifa first then we can do jihad.

Question:

“…No Prophet [has] ever started Jihaad (i.e. fighting with the sword) until, and unless, he had set up and established an Islaamic State. But we have still not been able to set one up. [So we cannot perform Jihaad until then. Is this not so?]”

Response:

You have claimed that no Prophet ever started Jihaad with the sword until – and unless – he had succeeded in establishing an Islaamic State first, and that, as we have not yet been successful in establishing this, how then can we start Jihaad with the sword?…

As regards the foregoing Prophets and their Ummahs, any detailed and authorized account of their affairs is missing. So to ascribe anything to them is simply to make a claim that cannot ever be proven. And even if we know full well their affairs, we should not be forgetful of the fact that we are of the Ummah of Muhammad (sallallaahu ‘alayhi wa sallam) and that his way of life alone can be, and should be the model for us. So I shall base my arguments on – and prove my standpoint from – the Sunnah of the Prophet (sallallaahu ‘alayhi wa sallam).

It is a proven and established fact that the revelation of Islaamic dictates occurred through a gradual process that took twenty-three years to complete. Some of these dictates and injunctions were given in Makkah and some in Madeenah. And the Muslims followed them as they were revealed. But, once they were given, they were – and are – to be followed by the Muslims undeviatingly and faithfully until the Day of Judgement, the only exception [in any particular situation] being that which is manifested in the following verses of the Holy Qur’aan:

Allaah burdens not a person beyond his scope (and capacity). (Al-Baqarah: 286)

So keep your duty to Allaah, and fear Him as much as you can. (Al-Taghabun: 16)

Now, we cannot deviate from, or suspend, the enactment of a dictate or an injunction on the pretext that it was revealed, or enforced, after the establishment of the Islaamic State in Madeenah, [that is to say; it is not permissible to declare a particular act that was revealed whilst the Islaamic State existed, null and void now, simply because there is no longer an Islaamic State anywhere in the world. For if we follow this logic, it will lead to some very odd conclusions.

Let us consider the following facts:

1) The Adhaan (call for Prayer), Iqaamah (call for Congregational prayer) and the Congregational Prayers, were made obligatory only after the establishment of the Islaamic State in Madeenah. 2) Zakaat, Sakaqaat and Ushr (poor-due and alms etc) were also made obligatory only after the establishment of the Islaamic State.

3) Fasting in Ramadhaan was made obligatory when the Islaamic State was in the second half of its second year.

4) Alcoholic drinks were forbidden in the sixth or seventh year of the Islaamic State.

5) Mut’a (marriage valid for a stipulated period) was made unlawful only at the conquest of Khyber when the Islaamic State had successfully completed it’s sixth year.

6) The Domestic donkey was also declared Haraam (forbidden) at the same time (i.e. at the conquest of Khyber).

7) The verses banning and forbidding usury and interest (reeba) were the last ones revealed to Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) in about 10 A.H. In Saheeh Bukhari, it has been reported from Ibn ‘Abbas (radhiallaahu ‘anhu) that,

“The very last verse that was revealed to Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) was that pertaining to (the prohibition of) usury and interest.”(Tafseer Ibn-i-Katheer Vol. 1, p. 275)

Now, following the aforementioned logic, we can safely conclude that; as an Islaamic State no longer exists – in the present times – anywhere in the world, it means that: 1) The Adhaan, Iqaamah and the congregational Prayers are now no longer obligatory. 2) Zakaat and Ushr have also lost their obligatory status.

3) We need not fast in the month of Ramadhaan.

4) Alcoholic drinks are now quite lawful, and no restriction nor penalties can be imposed on the Muslim who uses them.

5) Mut’a also at present, can be ‘enjoyed’ freely.

6) The meat of the domestic donkey can also be relished.

7) Business transactions based on interest and usury (reeba) are also quite lawful.

Permit me to further this logic: It can also be said, that even if an Islaamic State comes into existence, that:

1) Alcoholic drinks shall remain Halaal (Lawful and permissible) until six more years pass. 2) Mut’a shall remain Lawful for about the same period.

3) The meat of the donkey shall remain Halaal until ten more years pass.

4) Penalties for Zeena (Illegal and illicit sexual relations), theft, slander and libel shall remain suspended for as many years as they were not enforced by Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) after the establishment of the Islaamic State in Madeenah.

Almost this same logic is followed by those people who say that it is not proper to impose the penalty for committing Zeena until, and unless, the society is reformed morally, and that it is wrong to cut off the hands of a thief without eliminating poverty and bringing the members of a society to a common economic level. No, my brother – this is no logic to follow.

It makes no difference whether an order was passed, or an injunction made, or a thing was declared obligatory or unlawful and forbidden, before orafter the establishment of the Islaamic State;

Whatever has been declared obligatory, shall remain so ’till the Hour is established. And we are to perform these obligations whenever we have the capacity. Similarly, whatever has been forbidden, whether before or after the establishment of the Islaamic State, is, and shall remain forbidden forever.

And such is the position concerning Jihaad.

There is no doubt, that it was made obligatory gradually. For, at first, the Muslims were not allowed to fight. But then at Madeenah it was – first of all – made simply permissible to fight, and then finally fighting was made obligatory. But, once it was declared obligatory, it was, is, and shall remain obligatory ’till the Day of Judgement…

Those who want to flee from this obligation have invented many excuses;

Sometimes they say that it is not lawful to fight, or perform Jihaad with the sword ’till the establishment of the Islaamic State. Sometimes they express the opinion that it is not permissible to fight without a Khaleefah. And sometimes they remark that it is not permissible to fight when our number is so inadequate. But none of these reasons forms a genuine excuse for giving up Jihaad.

From the Time that Allaah Declared it so, Jihaad will remain Obligatory ’till the Hour is Established

Jabir Bin Samrah reported that Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said:

“This Religion (i.e. Islaam) will never cease to exist, and a group of people (Usba) from amongst the Muslims will continue to fight for its protection until the Hour is established.” (Muslim)

Al-Qamus, an authentic lexicon of the Arabic language explains the meaning of ‘Usba’ thus:

‘Usba’ is a group of people, horses, or birds that consist of 10 to 40 members. ‘Usaabah’ implies the same meaning.

This Hadeeth of Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) decides the matter (and the reality) – once and for all:

Jihaad – whether or not there exists an Islaamic State – will never cease.

Muslims will continue to perform this obligation whether they are with a large army, or with a group of only ten or twenty people. And if the existence of an Islaamic State or a Khaleefah is declared necessary for the performance of this duty, then we cannot continue – at present – to fight for the Cause of Allaah (Ta’aala) because in these days, neither does there exist an Islaamic State nor any Khaleefah. And if we discontinue the performance of Jihaad on this pretext, what explanation can be offered for the above-mentioned saying of Allaah’s Messenger (sallallaahu ‘alayhi wa sallam)?!…

Let me know whether you consider this prediction, made by the Prophet (sallallaahu ‘alayhi wa sallam), to be True or false!…

The above discussion proves sufficiently that the existence of an Islaamic State or Khaleefah is not necessary – in these days when they do not exist – for the performance of Jihaad.

This principle also applies in the case of a Muslim who cannot find even a single companion to stand by him… he is allowed to go on fighting alone.

For Allaah, the Almighty has said:

“Then fight (O Muhammad) in the Cause of Allaah, you are not tasked (held responsible) except for yourself, and incite the believers (to fight along with you).” (An-Nisa: 84)

In the year 6 A.H. Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) made a Peace Treaty with the disbeliever’s in Makkah that was to remain valid for ten years. The Peace Treaty consisted of many clauses, including one that was quite distressing for the Muslims which said that, if a Makkan embraced Islaam and went to Allaah’s Messenger to seek shelter, he would be handed back to the Makkans… After making this treaty, Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) returned to Madeenah.

Now, it so happened that in Makkah a young Quraishi by the name of Abu Basir, embraced Islaam and went to Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) in Madeenah. The Makkans sent two men to Madeenah in order to bring him back. And Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) [in compliance with the treaty], delivered him to them. On the way back to Makkah, they camped at Zul Halaifah and started eating dates. Abu Basir addressed one of them and said,

“[I swear] by Allaah, you possess an amazingly bright and fine sword. Can I have a look at it?”

It was handed over to him, and at once, Abu Basir put the Makkan to the sword. The second one fled and went straight to Allaah’s Messenger (sallallaahu ‘alayhi wa sallam). Running as he entered the Masjid, Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) saw him and said that he seemed to be frightened. The man approached the Prophet (sallallaahu ‘alayhi wa sallam) and said,

“[I swear] by Allaah! My companion has been killed and I am also in fear of being killed.”

Abu Basir – who had been chasing the man – approached the Masjid. Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said:

“He would start a war, if he had some others to stand by him.”

Upon hearing the Prophet’s words, Abu Basir believed that he would be handed-back over to the enemy. So he fled from Madeenah until he reached the seacoast on the way to Syria. Abu Jandal Bin Suhail – another Makkan newly converted to Islaam – who was being persecuted in Makkah at the hands of the Disbelievers, also managed to escape and joined Abu Basir. After this, it became routine, that whosoever entered into the fold of Islaam, from among the Quraishies (of Makkah), would escape and join Abu Basir. And this kept on happening until they managed to form a fair-sized group (usaaba).

I swear by Allaah! Whenever they learnt that a caravan of the Makkans was on its way to Syria, they would fall upon it, killing the men and snatching their goods. The Makkans, finding themselves quite helpless before them, begged Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) by Allaah, and by their ties of kinship to do away with that particular clause [in the Peace Treaty] and to send a message to Abu Basir and his companions that whosoever approaches him (i.e. Allaah’s Messenger (sallallaahu ‘alayhi wa sallam)) would be guaranteed peace and safety. So Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) sent them the message to this effect. (Saheeh Bukhari, with reference to Mishkawat-ul-Masaabih, Kitaab-us-Sulh)

The Hadeeth cited above informs us that,

1) Abu Basir started fighting against the disbelievers – alone – and without waiting for any companions to join him. Afterwards he had some companions to stand by him, whereafter they became engaged in guerrilla warfare. And this very act of his was quite in accordance with Allaah’s Command: “Then fight (O Muhammad) in the cause of Allaah, you are not tasked (held responsible) except for yourself, and incite the Believers (to fight along with you).” (An-Nisa; 84)

The first time he took to the sword was with a view to defending himself, and saving his life. Afterwards, he himself, started attacking the disbelievers. In other words, he began launching offensives against the enemy.

2) Abu Basir did not carry out these activities under the command of a Khaleefah because Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) had handed him over to the Makkans [in accordance with the treaty]. He himself was his own commander when he – alone – put one of his enemies to death, as well as afterwards when he lead his companions to launch offensives [against the Kuffaar], and to engage in guerilla activities.

3) He could not find refuge in the Islaamic State of Madeenah. This first Islaamic State rather, refused to extend help to him because it had entered into a Peace Treaty with the enemy, and it is quite plain that he was not yet able to establish an Islaamic State of his own. Despite this, he went on fighting and gradually he had strength enough to defend himself, as well as strength enough to give refuge and protection to the oppressed Muslims [who were arriving from Makkah]. He subdued and humiliated the disbeliever’s to an extent that they, finding themselves quite helpless before him and his companions, had no other option than to do away with the inhuman clause which they themselves had demanded to be included in the treaty.

4) Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) did not condemn the activities of Abu Basir, rather, by keeping silent he, in fact, seconded them.

To sum up; the episode relating to Abu Basir, sufficiently and categorically proves that a Believer is quite free to start a war against the disbelievers, particularly when it is with a view to saving his own life. The establishment of an Islaamic State and the existence of a Khaleefah cannot be regarded as necessary conditions for it. If it is so, that a Believer hasn’t anyone to lead him, then he himself may become his own leader, and his own commander. Those waiting for the fulfillment of these self-imposed conditions (i.e. The Islaamic State, Khaleefah etc…) are bound to lose their freedom, honour, lives and property…

And Allaah Knows Best.

The Islaamic State and the Khaleefah – in the time of Ibn Taymeeyah – owed their re-establishment and [continued] existence to Jihaad

In Muharram 656 A.H. the Tartars invaded Baghdad, devastated the whole city and put to death the Khaleefah, Motesam Billaah. For three and a half years (until Rajab 659 A.H.) the Muslims had no Khaleefah. If they had given up Jihaad on the pretext that it was not permissible in the absence of a Khaleefah, then they would have been wiped out from the world forever. But they continued fighting against the Tartars in small groups, or as was possible for them ’till they defeated the Tartars several times at various places, and at last they succeeded, not only in shielding themselves, but also in restoring the institution of the Khilaafah by appointing a new Khaleefah.

Shaykh ul-Islaam, Imaam Ibn Taymeeyah (rahimahullaah) said that those who fought the Tartars are the blessed people to whom fits the following prediction made by the Prophet (sallallaahu ‘alayhi wa sallam):

“A group of people from my Ummah will always remain triumphant on the Right Path and continue to be triumphant (against their opponents). He who deserts them shall not be able to do them any harm. [And] they will remain (triumphant) ’till Allaah’s Commandment is executed (i.e. Qiyaamah is established).” (Majmooh Fataawa Shaykh ul-Islaam Ibn Taymeeyah page 416, 531 Volume 28)

To tell the Truth, now that the Khilaafah has ceased to exist, and there is no Truly Islaamic State to be seen, Jihaad is – in reality – the only auspicious thing that re-kindles the hope for and assures – and insures – the restoration and re-establishment of both the Khilaafah and the Islaamic State.

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2. Chasing good professions, e.g. doctor, architect, etc.

There are some people who say that we have to endeavour to hold good professions. They say for instance, we will fill the centres with Muslim doctors and achitects and this way the kufr system will collapse by itself effortlessly, then the Muslim ruler will be formed. Should a person hear this for the first time he would think that is a figment of his imagination or a joke, but truly there is in the Islamic field the one who philosophies things in this manner. Such saying, despite having no evidence in the book of Allah or the Sunnah, our current situation is an obstacle agianst achieving it. So even if we manage to form muslim doctors and arechitects, they will be part of the government as well, and no way will a Muslim personality hold a ministerial post unless he completely takes those in the system as friends and protecters. (The absent obligation, Page 40)

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3. Busy with seeking knowledge

There are some who say that what we should do now is busy ourselves with seeking knowledge for how can we struggle in the cause of Allah while we are lacking the knowledge, which is fardh (obligatory) to seek? But we have not heard anyone who says that it is permitted to abandon an islamic order or an obligation of the obligations of Islam because of knowledge, especially if this obligation is jihad. so how can we abandon a fardh ‘ayn (individual obligation) because of a fardh kifaayah (collective obligation)? Then why is it that we know the smallest sunnah and recommended deeds and call for them, yet we abandon an obligation that was glorified by the Messenger of Allah (sallallahu alayhe wa salam)? Besides, he who has gone so deep in knoledge that he has come to know all the major and minor things about islam, how could he overlook the value of jihad and punishment of neglecting it?

So he who says that knowledge is Jihad must realize that what is fardh is fighting, because Allah says:

“Jihad (holy fighting in Allah’s Cause) is ordained for you (Muslims) though you dislike it” (Surah al-Baqarah 2:216)

It is known that a man took the shahaadah in front of the messenger of Allah (sallallahu alayhe wa salam), went down the battlefield and fought until he was killed, before having done nothing, be it knowledge or in acts of worship. But the messenger of Allah (sallallahu alayhe wa salam) gave him glad tidings about a big reward of this little deed. This incident is collected by the group from the Seerah of Ibn Ishaaq about a man called ‘Umar ibn ‘Uqaish (radhi Allahu anhu) who did not embrace islam until the day of Uhud. On this martyrdom the prophet (sallallahu alayhe wa salam) said: “Such a little work and such a great reward”.

It is also known that he who knows the obligations of Salaah must pray, and he who knowns the obligation of sawm (fasting in the month of ramadhan) must fast. Likewise he who knows the obligation of jihaad must fight in the cause of Allah. But the person who uses the lack of knolwedge of the rules of jihad as evidence not to fight must know that the rules of jihad arre simple and available for the one who purifies his intention towards Allah. So he has to make the intention of struggling in the cause of Allah, then the rules of jihad could easily be learned in a very short time, because they do not require too much research and study. Then if a person wants to increase his knowledge further than that, he could do so, because there are no restrictions on knowledge, which is available for everybody. But to delay jihad because of seeking knowledge is an evidence of the one who has no evidence.

From the beginning of the da’wah of the prophet (sallallahu alayhe wa salam) to the time of the tabi’een (the generation that followed the companions) and until the recent ages, there were Mujahideen (fighters in the cause of Allah) who were not scholars, But Allah conquered many places by thier hands, and they never used seeking knowledge or knowing the science of hadeeth and Usool ul-Fiqh (principles of jurisprudence) as excuses. In fact Allah granted, by thier hands, a victory to Islam which the scholars of al-Azhar (university) did not stand up to achieve on the day when Napoleon and his troops entered al-Azhar with thier horses and shoes. What did they do with thier knowledge towards that humiliayion? Therefore knowledge is not the sharp and striking weapon that will cut the roots of the disbelivers. The weapon is that which Allah mentioned in the quran.

“Fight against them so that Allah will punish them by your hands and disgrace them and give you victory over them and heal the breasts of a believing people” (Surat at-Tawba 9:14)

However we do not underestimate knowledge and scholars, rather we call for that. But we do not use it as evidence to abandon the obligations that Allah ordained. (The absent Obligation, Pages 44-46)

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4. Giving dawah alone

Some of them say that the way to establish the (Islamic) state is by da’wah (inviting to Islam) alone, and forming a wide base (i.e.. a large number of practicing Muslims), but this will not do so. Despite that some people have based their abandonment of jihad on this point, the truth is that those who will establish the Islamic state are a few believers, and those who stand straight on the obligations of Allah and the Sunnah of the Messenger of Allah have always been small in number, as Allah says: ‘But few of My slaves are grateful.’ (Surah Sabaa: 13)

He also says: ‘And if you obey most of those on earth, they will mislead you far away from Allah’s Path’ (Surah al-An’aam: 116)

This is the Sunnah of Allah on this earth, so from where will we bring the desire of hope. Allah also says: ‘And most of mankind will not believe even if you desire it eagerly’ (Surah Yusuf: 103)

Also victory does not come to Islam through large numbers because Allah says: “How often a small group overcame a mighty host by Allah’s Leave?” And Allah is with As-Sabirin (the patient ones, etc.)” (surah al-Baqarah: 249)

He also says: ‘…And on the Day of Hunain (battle) when you rejoiced at your great number but it availed you naught and the earth, vast as it is, was straitened for you’ (Surah at-Tawbah: 25)

The prophet (sallallahu alayhe wa salam) said as well: “The nations are about to call each other and set upon you, just as diners set upon food.” It was said: “Will it be because of our small number that day?” He said: “Rather, on that day you will be many, but you will be like foam, like the foam on the river. And Allaah will remove the fear of you from the hearts of your enemies and will throw wahn (weakness) into your hearts.” Someone said: “O Messenger of Allaah! What is Wahn?” He said: “Love of the world and the hatred for death.” (Saheeh: Related by Abu Dawood (no.4297), Ibn’Asaakirin in Taareekh Dimashq (2/97/8) and others. It was authenticated by al-Albaanee in as-Saheehah no.958)

Then how could da’wah alone achieve this large success while all the means of media are under the control of the disbelivers, sinners and those who have engaged themselves in war with Allah? Thus the useful endeavour is to free these means of information from the hands of those (people). It is known that straight after victory and authority there will be a (great) acceptance of Islam, as Allah says: “When comes the Help of Allah (to you, O Muhammad (Peace be upon him) against your enemies) and the conquest (of Makkah),And you see that the people enter Allah’s religion (Islam) in crowds” (Surah an-Nasr: 1-2)

As we are tackling this point it is worth answering those who say that in order for Islam to be implemented people must be Muslims. Thus people will accept it and it’s implementation will not fail. But the person who says so is accusing Islaam of bieng incomplete and incapable without realising it. This is because this religion is suitable for implementation at all times and everywhere, and is able to rule the muslims and the disbelivers, the sinner and the pious, the knowledgable and the ignorant. Besides, if people have been living under kufr laws, how then if they find themselves under Islaamic law that is completeley just? 

If a person concludes that what I have said means keeping from da’wah (inviting people to islam), his understanding is wrong, because the basis is to take Islam as a complete religion, This is rather a reply to the one who has taken it as his duty to create a large base, which is the reason behind his diversion from jihad, and which has lead him to stop and delay it. (The absent Obligation, Pages 40-42)

The scholars of principles of religion have also said: “Jihad is Dawah with a force, and it is obligatory to perform with all available capabilities, until there remians only Muslims or people who submite to Islam.” (Hashiyah Ash-Shirwani and Ibn al-Qasim in Tuhfah Al-Muhtaj Alal-Minhaj 9/213) 

 Source: Salafiyyah-jadeedah

Part 6

Categories of Jihad, NOT stages…

A Fabricated hadeeth – Greater & Lesser Jihad

The verse of the sword (Ayat As-Saif 9:5)


Categories of Jihad, NOT stages…

It is clear that jihad is now obligatory upon every Muslim, yet there is the one who protests that he is in need of educating himself, that jihad is divided into stages, and that he is still in the stage of struggling against his nafs (inner self), proving this by the classification of jihad made by Imaam Ibn al-Qayyim al-Jawziyyah in which he said:

“Jihaad is of four stages: jihaad al-nafs (striving against the self), jihaad al-shayaateen (striving against the shayaateen or devils), jihaad al-kuffaar (striving against the disbelievers) and jihaad al-munaafiqeen (striving against the hypocrites). Jihaad al-nafs means striving to make oneself learn true guidance, and to follow it after coming to know it, calling others to it, and bearing with patience the difficulties of calling others to Allaah. Jihaad al-Shaytaan means striving against him and warding off the doubts and desires that he throws at a person, and the doubts that undermine faith, and striving against the corrupt desires that he tries to inspire in a person. Jihaad against the kuffaar and munaafiqeen is done in the heart and on the tongue, with one’s wealth and oneself. Jihaad against the kuffaar mostly takes the form of physical action, and jihaad against the munaafiqeen mostly takes the form of words… The most perfect of people are those who have completed all the stages of jihaad. People vary in their status before Allaah according to their status in jihaad.” (Zaad al-Ma’aad 3/9-12)

Using this as evidence notifies us of either ignorance or the evil cowardice of the one who is behind it, because Ibn al-Qayyim classified Jihad into categories and not stages, otherwise we would have to stop struggling against the Shaytaan until we are finished with the stage of struggling against the inner self!

But the truth is that these three categories proceed together on a straight line. However, we do not deny that the person who has a stronger Iman and practices jihad of the nafs among us will be firmer (in Jihad). But he who studies the Seerah (life of the Messenger sallallahu alayhe wa salam) will find that when jihad was called for, all the people used to march forth in the cause of Allah even those who committed al-Kabaa’ir (major sins) as well as those who were new in Islaam. It was narrated that a man embraced Islam during a battle, partook the battle and was martyred, so the Messenger of Allah (sallallahu alayhe wa salam) said of him: “A small amount of deeds but a great reward.” (This was in relation to a man called al-Usairim who did not embrace Islam until the day of battle of Uhud, and yet never prayed neither one unit of salah nor fasted on day of his life, but was given glad tidings of such reward.) (The Sealed Nectar by Safi Uddin Mubarakpuri)

Also, there is a story of Abu Mahjan ath-Thaqafi who drank alcohol, but his Jihad against the Persians was so famous. Ibn al-Qayyim mentioned that the hadeeth saying:

“We have come back from the minor jihad to the major one” someone asked: “What is the major Jihad O Messenger of Allah?” he replied: “Jihad of the nafs,”

It is a fabrication. (This report, collected by Bayhaqi is fabricated as mentioned in Mannaar as-Subl of Ibn Qayyim al-Jawziyyah).

The reason behind the fabrication (of this hadeeth) is to belittle the value of fighting by the sword so as to divert the Muslims from fighting the disbelievers and hypocrites. (The Absent Obligation – Muhammad Abdus Salam Faraj, PP 59 – 60 with slight modifications)

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A Fabricated hadeeth – Greater & Lesser Jihad

There is a saying, “We have returned from the lesser Jihad (battle) to the greater Jihad”, which the people quote on the basis that it is a hadeeth, which is infact false, fabricated hadith which has no basis. According to this belief, striving against desires of the self is considered the Greater Jihad, which makes the Jihad of the battlefield the Lesser Jihad. However, this so-called hadith is only a saying of Ibrahim bin Abi Ablah one of the Successors, and it contradicts textual evidences and reality. 

Ibn Taiymiyyah said in Al-Furqan PP. 44-45: “This hadith has no sources and nobody whomsoever in the field of Islamic knowledge has narrated it. Jihad against the disbelivers is the most noble of actions and moreover it is the most important action for the mankind.”

Al-Khateeb al-Baghdadi reports it is daeef (weak) due to the narrator Khalaf bin Muhammad bin Ismail Al-Khiyam. Al-Haakim says, “His hadeeths are unreliable”. Abu Ya’la Al-Khalili says, “He often adulterates, is very weak and narrates unknown hadith.” (Mashari-ul-Ashwaq, Ibn Nuhas 1/31).

There is also the narrator Yahya bin Al-Ula who is a known liar and forgerer of hadith (Ahmad). Amru bin Ali, An-Nasai and Ad-Daraqutni state, “His hadith are renounced.” Ibn Adi states, “His hadith are false.” (Tahzeeb-ut-Tahzeeb 11/261-262)

Ibn Hajar said, “He was accused of forging hadith.” (At-Taghrib). Adh-dhahabi said, “Abu Hatim said that he is not a strong narrator, Ibn Ma’een classified him as weak and Ad-Daraqutni said that he is to be neglected.”

This hadeeth also contradicts clear verses of the Qur’an. Allah the Mighty, the Majestic, says, (Translation of the Meaning),

“Not equal are those of the believers who sit (at home), except those who are disabled (by injury or are blind or lame, etc.), and those who strive hard and fight in the Cause of Allah with their wealth and their lives. Allah has preferred in grades those who strive hard and fight with their wealth and their lives above those who sit (at home). Unto each, Allah has promised good (Paradise), but Allah has preferred those who strive hard and fight, above those who sit (at home) by a huge reward; Degrees of (higher) grades from Him, and Forgiveness and Mercy. And Allah is Ever Oft­Forgiving, Most Merciful.”

Qur’an [4:95-96]

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The verse of the sword (Ayat As-Saif 9:5)

Indeed most of the scholars of tafseer-ul-Quran spoke about a verse of the quran and called it ayat as-saif (verse of the sword) and that is the saying of Allah:

‘So when the Sacred Months have passed, then fight the Mushrikin wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and perform the Salah, and give the Zakah, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.’ (Surah at-Tawbah 9:5)

Concerning this verse al-Hafith ibn Katheer said:

(So when the Sacred Months have passed…), meaning, `Upon the end of the four months during which We prohibited you from fighting the idolators, and which is the grace period We gave them, then fight and kill the idolators wherever you may find them.’ Allah’s statement next,

(then fight the Mushrikin wherever you find them), means, on the earth in general, except for the Sacred Area, for Allah said,

(And fight not with them at Al-Masjid Al-Haram, unless they fight you there. But if they attack you, then fight them. )[2:191] Allah said here,

(and capture them), executing some and keeping some as prisoners,

(and besiege them, and lie in wait for them in each and every ambush), do not wait until you find them. Rather, seek and besiege them in their areas and forts, gather intelligence about them in the various roads and fairways so that what is made wide looks ever smaller to them. This way, they will have no choice, but to die or embrace Islam,

(But if they repent and perform the Salah, and give the Zakah, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.) Abu Bakr As-Siddiq used this and other honorable Ayat as proof for fighting those who refrained from paying the Zakah. These Ayat allowed fighting people unless, and until, they embrace Islam and implement its rulings and obligations. Allah mentioned the most important aspects of Islam here, including what is less important. Surely, the highest elements of Islam after the Two Testimonials, are the prayer, which is the right of Allah, the Exalted and Ever High, then the Zakah, which benefits the poor and needy. These are the most honorable acts that creatures perform, and this is why Allah often mentions the prayer and Zakah together. In the Two Sahihs, it is recorded that Ibn `Umar said that the Messenger of Allah said,

(I have been commanded to fight the people until they testify that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah, establish the prayer and pay the Zakah.) This honorable Ayah (9:5) was called the Ayah of the Sword, about which Ad-Dahhak bin Muzahim said, “It abrogated every agreement of peace between the Prophet and any idolator, every treaty, and every term.” Al-`Awfi said that Ibn `Abbas commented: “No idolator had any more treaty or promise of safety ever since Surah Bara’ah was revealed. The four months, in addition to, all peace treaties conducted before Bara’ah was revealed and announced had ended by the tenth of the month of Rabi` Al-Akhir.” (Tafseer Ibn Katheer)

Al-Haafith Mohammed al-Kalbi said: “And we find here what abrograted the turning away from the disbelievers and keeping patient about the harm they do to us. This is to order us to fight them and to avail us from repeating that which was abrogated, and which was mentioned in 114 verses out of 54 Surahs. (Tafseer ut-Tas-hil- li-‘Ulumi at-Tanzil)

Imaam ibn Hazm al-Andalusi said: “In one hundred and fourteen verses out of forty eight surahs, all (these verses) were abrogated by the saying of Allah: ‘then fight the Mushrikin wherever you find them’ (An-Naasikh wal-Mansukh – In the chapter of “The turning away from the Mushrikun’)

 Source: Salafiyyah-jadeedah

Part 7

The punishment for neglecting jihad in the path of Allah

The evil of abandoning jihad


The punishment for neglecting jihad in the path of Allah

Question :

Is there a specific punishment that is deserved by those who neglect jihad for the sake of Allaah?.

Answer :

Praise be to Allaah.

The command to wage jihad for the sake of Allaah, and the warning against neglecting jihad, appear in many verses of the Qur’aan and ahaadeeth.

If the Muslims neglect jihad for the sake of Allaah, and prefer a life of ease, and focus only on this world, they will face humiliation and scorn, and all their affairs will be corrupted. They expose themselves to the wrath and anger of Allaah, and they expose Islam to loss and defeat at the hands of kufr. Hence neglecting jihad is a major sin.

Ibn Hajar said in al-Zawaajir:

The 390th, 391st and 392nd major sins are neglecting jihad when it becomes an obligation, which is when aggressors enter the Muslim land or when they seize a Muslim, and it is possible to rescue him from them and the people neglect jihad altogether and when the people in a region neglect to fortify their borders so that there is a risk of the kuffaar overrunning them because of that.” end quote.

Hence it was well known and well established among the Sahaabah that no one refrains from taking part in jihad when it becomes fard ‘ayn (an individual obligation) except one who is weak and is therefore excused or one who is a hypocrite. This is what was narrated by Ka’b ibn Maalik (may Allaah be pleased with him) when he stayed behind from the campaign of Tabook: “When I came out to the people after the Messenger of Allaah (peace and blessings of Allaah be upon him) had gone out, I went around among them and was distressed to see no one except a man who was known to be a hypocrite or weak men whom Allaah had excused.” Narrated by al-Bukhaari, 4066; Muslim, 4973.

The evidence also states some of the punishments that result from that. For example:

1 – Neglecting jihad leads to doom in this world and in the Hereafter.

In this world the craven coward is humiliated and enslaved, he is a follower, not a leader. In the Hereafter, neglecting jihad will be a cause of Allaah’s punishment.

Allaah says (interpretation of the meaning):

“And spend in the Cause of Allaah (i.e. Jihad of all kinds) and do not throw yourselves into destruction (by not spending your wealth in the Cause of Allaah), and do good. Truly, Allaah loves Al-Muhsinoon (the good-doers” [al-Baqarah 2:195]

al-Tirmidhi (2972) narrated that Aslam Abu ‘Imraan said: We were in the city of the Byzantines (i.e., Constantinople) and a great troop of the Byzantines came out to us. One of the Muslim men attacked the Byzantine ranks until he penetrated them, and the people shouted and said “Subhaan-Allaah, he has thrown himself into destruction.” Abu Ayyoob al-Ansaari stood up and said: “O people, you misinterpret this verse in this way; rather this verse was revealed concerning us, the Ansaar. When Allaah caused Islam to prevail and its supporters increased, we said to one another in secret, without speaking to the Messenger of Allaah (peace and blessings of Allaah be upon him): ‘Our wealth is neglected. Allaah has caused Islam to prevail and its supporters have increased. Why don’t we stay with our property and improve it?’ Then Allaah revealed Qur’aan to His Prophet (peace and blessings of Allaah be upon him), refuting what we had said: “And spend in the Cause of Allaah (i.e. Jihad of all kinds) and do not throw yourselves into destruction” [al-Baqarah 2:195]. This destruction was our staying with our property to improve it, and neglecting to fight (in jihad). Abu Ayyoob never stopped fighting for the sake of Allaah until he was buried in Constantinople. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

It says in Tuhfat al-Ahwadhi:

This hadeeth indicates that what is meant by throwing oneself into destruction is taking care of one’s family and wealth at the expense of jihad.

2 – Neglecting jihad is a cause of humiliation and scorn

Abu Dawood (3462) narrated that Ibn ‘Umar said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “When you engage in ‘aynah transactions (a kind of transaction intended to circumvent the prohibition on riba or usury), and you take hold of the tails of oxen and you are content with agriculture (at the time when jihad is obligatory), and you give up jihad, then Allaah will send upon you humiliation that will not be dispelled until you return to your religion, Allaah will send upon you humiliation that will not be dispelled until you return to your religion, Allaah will send upon you humiliation that will not be dispelled until you return to your religion.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Our Messenger (peace and blessings of Allaah be upon him) indeed spoke the truth, for the one who looks at the state of the Muslims today will see that they have become very careless about their religion. They consume riba and they are focused on this world, and they have neglected jihad for the sake of Allaah. And what is the result? Allaah has subjected them to humiliation, and they turn to the east and to the west, humiliated and lowly, asking them for support against their enemies, and they do not realize [?] that this humiliation will not be lifted from them until they go back to their religion as the truthful Messenger (peace and blessings of Allaah be upon him) said.

Allaah has indeed spoken the truth:

“Give to the hypocrites the tidings that there is for them a painful torment.

Those who take disbelievers for Awliyaa’ (protectors or helpers or friends) instead of believers, do they seek honour, power and glory with them? Verily, then to Allaah belongs all honour, power and glory”

[al-Nisa’ 4:138-139 – interpretation of the meaning]

3 – Neglecting jihad is a cause of Allaah’s punishment in this world and in the Hereafter

Abu Dawood (2503) narrated from Abu Umaamah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does not fight or does not equip a warrior or support the family of a warrior in his absence, Allaah will strike him with calamity before the Day of Resurrection.” Classed as hasan by al-Albaani in Saheeh Abi Dawood.

Al-Qaari’ah (translated here as calamity) means a disaster that occurs suddenly.

And Allaah says (interpretation of the meaning):

“O you who believe! What is the matter with you, that when you are asked to march forth in the Cause of Allaah (i.e. Jihaad) you cling heavily to the earth? Are you pleased with the life of this world rather than the Hereafter? But little is the enjoyment of the life of this world as compared to the Hereafter.

If you march not forth, He will punish you with a painful torment and will replace you by another people; and you cannot harm Him at all, and Allaah is Able to do all things”

[al-Tawbah 9:38-39]

The punishment of which He warns them is not only punishment in the Hereafter, rather it is punishment in this world and in the Hereafter, the punishment of humiliation that befalls those who do not engage in jihad, the punishment of being deprived of the good things from which the kaafir enemy benefits. In addition to all of that, those who forsake jihad will lose more lives and more wealth than would be lost in jihad, and they offer more sacrifices than those required to retain their honour and dignity. No ummah forsook jihad but Allaah sent humility upon them, thus the cost was far greater than that that may have been required in jihad against the enemy.

Al-Zilaal, 3/1655.

Al-Sa’di (may Allaah have mercy on him) said (p. 532):

“O you who believe” do you not know the requirements of faith, which is that you should hasten to obey the command of Allaah and to seek His pleasure, and to fight His enemies in jihad for the sake of your religion? So “What is the matter with you, that when you are asked to march forth in the Cause of Allaah (i.e. Jihaad) you cling heavily to the earth?” meaning, why are you so lazy and so inclined towards this world.

“Are you pleased with the life of this world rather than the Hereafter?” Your case is that of those who are content with this world and who strive for worldly purposes, caring nothing for the Hereafter because they do not believe in it.

“But little is the enjoyment of the life of this world” towards which you are inclined and which you prefer. Hasn’t Allaah given you reason with which to weigh up matters and see which deserves to be shown preference?

Is not this world – from beginning to end – as nothing in comparison to the Hereafter?

What is a man’s lifespan in comparison to the lifespan of this world, so as to make worldly gain his ultimate goal and concern and restrict all his efforts and focus to this short life that is filled with distress and risk?

How can you possibly prefer it to the Hereafter which includes every kind of delight that a person could desire, where you will abide forever? No person who prefers this world to the Hereafter has faith rooted in his heart and he cannot be regarded as a man of wisdom and understanding. Then Allaah warns them if they do not march forth, as He says:

“If you march not forth, He will punish you with a painful torment” – in this world and in the Hereafter, for not marching forth when ordered to do so is a major sin that deserves the most severe punishment, because it causes a great deal of harm, because the one who stays behind(from jihad) has disobeyed Allaah and done something that He has forbidden, and he has not helped to support the religion of Allaah or to protect the Book of Allaah and His Law. He has not helped his Muslim brothers against the enemy who wants to uproot them and eradicate their religion. Perhaps others who are weak in faith will follow his example, and he may even discourage those who are involved in fighting the enemies of Allaah. Thus he will be like those whom Allaah has warned of a severe punishment: “If you march not forth, He will punish you with a painful torment” Allaah has promised to support His religion and make His word supreme regardless of whether you obey the command of Allaah or not.

“and Allaah is Able to do all things” He is not incapable of doing anything that He wants, and none can overwhelm Him.

We ask Allaah to bring the Muslims back to their religion and to remove humiliation from them.

And Allaah knows best.

Islam Q&A (www.islam-qa.com) == Question #46807: Punishments for neglecting jihad for the sake of Allaah == http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=46807&dgn=4

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The evil of abandoning jihad

The prophet (alayhe salatu wa salam) said: “the most evil of what is in a man is niggardliness and cowardice.” (Reported by Bukhari and Abu Dawood. Classified Saheeh. Saheeh Al-Jaami’ No. 3603)

The Messenger of Allah (peace and blessing be upon him) said: One who died but did not fight in the way of Allah nor did he express any desire (or determination) for Jihad died the death of a hypocrite. (Narrated by Abu Hurayrah – Saheeh Muslim No. 888)

O believers! What is the matter with you that when you are asked to march forth in the way of Allah, you cling to the earth? Do you prefer the life of this world to the life of the hereafter? If it is so, then you should know that the comforts of this life are little compared to the life of the hereafter. (9:38)

Those who remained behind (did not join the Tabuk expedition) were delighted to sit inactive behind Allah’s Rasool, and they hated to make Jihad with their goods and their persons in the cause of Allah. They said to each other “Do not go forth in the heat.” Say to them: “The fire of hell is much more severe in heat.” If only they could understand! (9:81)

Will you not fight against those people who have broken their oaths, conspired to expel the Rasool and were the first to attack you? Do you fear them? Nay, it is Allah Who is more deserving of your fear, if you are true believers. (9:113)

If you do not march forth, He will inflict on you a painful punishment and replace you with other people, and you cannot harm Him at all, for Allah has power over everything. (9:39)

And what reason do you have not to fight in the cause of Allah, to rescue the helpless oppressed old men, women, and children who are crying: “Our Rabb! Deliver us from this town whose people are oppressors; send us a protector by Your grace and send us a helper from Your presence?” (4:75)

The believers were asking: “Why is not a Surah revealed allowing us to fight?” But when a decisive Surah carrying the order of allowing them to fight is revealed, you saw those in whose hearts was a disease looking at you like the one under the shadow of death. Woe to them! (47:20)

Source: Salafiyyah-jadeedah

Part 8

Lying to the enemies

Sincerity in Jihad for the cause of Allah

War resulting in the killing of children

The Revelation of the Order to Fight

Conditions for Making Peace Treaties With the disbelievers


Lying to the enemies

It was indeed confirmed in the hadeeth that lying is permitted in three instances (As according to the hadeeth quoted in Muslim, Tirmidhi, Abu Dawood and others that lying is not permissible except in three circumstances: lying to the enemy, making reconciliation between people and when a husband lies to his wife, or a wife to her husband (for the sake of the greater good)). At-Tabari said: “The only lying which is permitted, is at-ta’reedh (To say something that is true in a way that the listener understands it wrongly as is intended) and not the actual lying which is not allowed.” That was his personal saying (Imaam an-Nawawi said). In contrast, it is clear that the actual lying itself is permitted. However, to confine it to at-ta’reedh is better and Allah knows best. (From Sharh Saheeh Muslim: 12/45) {The Absent Obligation, page 74}

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Sincerity in Jihad for the cause of Allah

Sincerity is to purify the intention of drawing near to Allah from all impurities. It has also been said that it is to forget that people see you by constantly remembering the Creator. Imaam Ibn al-Jawzi said: “Indeed Iblees confused a lot of people who marched forth for Jihaad with the intention of showing off so as to be said that so and so was a warrior, or perhaps the intention was for the sake of being called a brave man or seeking the booty, however actions are but intentions.” (Talbees Iblees – The Devil’s Deception – pp.168-169)

Abu Hurayrah (radhi Allahu anhu) reported that the Prophet (sallallahu alayhe wa salam) said: The first man (whose case) will be decided on the Day of Judgment, will be a man who died as a martyr. He shall be brought (before the Judgment Seat). Allah will make him recount His blessings (i.e. the blessings which He had bestowed upon him) and he will recount them (and admit having enjoyed them in his life). (Then) will Allah say: What did you do (to requite these blessings)? He will say: I fought for Thee until I died as a martyr. Allah will say: You have told a lie. You fought so that you might be called a “brave warrior”. And you were called so. (Then) orders will be passed against him and he will be dragged with his face downward and cast into Hell. (Saheeh Muslim No. 884)

The Messenger of Allah (peace be upon him) said: Who seeks martyrdom with sincerity shall get its reward, though he may not achieve it. (On the authority of Anas ibn Malik – Saheeh Muslim No. 886)

It was narrated by Sahl ibn Hunayf that the Messenger of Allah (peace and blessings be upon him) said: Who sought martyrdom with sincerity will be ranked by Allah among the martyrs even if he died on his bed. (Saheeh Muslim No. 887)

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War resulting in the killing of children

Ibn Abbas (radhi Allahu anhu) reported as-Sa’b bin Juthaamah to have said: “I said O Messenger of Allah, during the night raid we killed the offspring of the pagans.” He said: “They are of them.” (Saheeh Muslim)

In the explanation of the hadeeth: “The Messenger of Allah (sallallahu alayhe wa salam), was asked about the hukm of the children of the pagans whose women and children get killed when raided at night. He said they were from their parents; i.e. there is no harm in that because the rules of their parents applied to them such as inheritance, marriage, penal code debts and so on, and what is mean is that if they are not aimed at without a necessity.” (An-Nawawi – Sharh Saheeh Muslim: 12/49)

Refraining from intentionally killing women, priests and old men

Ibn Umar (radhi Allahu anhu) said: “During some of the Ghazawat of Allah’s Apostle a woman was found killed, so Allah’s Apostle forbade the killing of women and children.” (Saheeh Bukhari Vol. 4, No. 258)

The previous hadeeth of Ibn Abbas which permits the killing of the posterity does not contradict this hadeeth because each one of them is a situation that is different from the other. (The absent Obligation, Pages 80 – 81)

The Islamic Ruling with Regards to Killing Women, Children and Elderly in a Situation of War 

‘Abdullah Yusuf ‘Azzam 

Fil-Jihaad – Adaab wa Ahkaam

Islam does not (urge its followers to) kill [anyone amongst the Kufaar] except the fighters, and those who supply Mushrikeen and other enemies of Islam with money or advice, because the Qur’anic Verse says:

And fight in the Cause of Allah those who fight you…

Fighting is a two-sided process, two sides are involved, so whoever fights or joins the fight in any means/way is to be fought and slain, otherwise he, or she is to be spared.

That is why there is no need to kill women, because of their weakness, unless they fight. Children and monks are not to be killed intentionally , unless they mix with the Mushrikeen, and, [therefore], we are unable to attack the fighting Mushrikeen alone, in this case we fire at the Mushrikeen, but we do not aim at the weak (i.e. non-fighting women, monks, and children).

Abusing/slaying the children and the weak inherits hatred to the coming generations, and is narrated throughout history with tears and blood, and generation after generation would be told about this. And this is exactly what Islam is against.

Islam wants to bring people closer (to the Truth), it also seeks to make Allah (Ta’aala), His Messenger (salallaahu ‘alayhee wa sallam) and His religion lovable to the people – but, on the other hand, it does not alter according to peoples whims, nor does it change its Path in order to please the people:

And if the Truth had been in accordance with their desires, verily, the heavens and the earth, and whosoever is therein would have been corrupted! [23:71]

Scholars have different opinions with regard to this issue (i.e. the slaying of women, children and the elderly in the situation of war).

– The first opinion:

Killing women and children is not allowed under any circumstances, even if the Kufaar use their women and children as human shields. And this is the madh-hab of Malik and Al Ouzaey. (This opinion is not well supported by evidences.)

– The Second opinion:

The weak (i.e. women, children and the elderly) are not to be aimed at, unless they fight, or mix with the fighters, in such a way as to make it impossible for the [Muslims] to fight without killing them. And this is the opinion of the Shafi’ee’s and the Hanafis.

Al Mawurdee said (in Al Ahkaam As Sultaaniyah p41):

“Killing women and children in war is not allowed, as long as they do not fight, because of the Prophet’s (salallaahu ‘alayhee wa sallam) ban on killing them.”

Al Sarkhasy said (in Al Mabsoot Vol, 10, p31):

“Setting their castles (i.e. the Kaafir’s) on fire shall not be stopped [merely] because of the presence of women and children, it shall not be stopped either because of the presence of a Muslim prisoner of war – as long as [it is the] Mushrikeen [that] are aimed at, and targeted.”

The elderly – who have a say in decision making – can be slain, because the Prophet (salallaahu ‘alayhee wa sallam) agreed on Abu Amr Al Ash’aree’s killing of Duraid As Sammah, who was over 100 years old. [The hadeeth is narrated in Bukhari and Muslim]

Blind, disabled and mentally-ill war prisoners are not to be killed, because only fighters are to be [intentionally] killed. There is nothing wrong with sending water on (i.e. flooding) a Kaafir’s city or setting their [cities] on fire, or bombarding them with Al Minjaneek (Mangonel ballista, a war machine that is used to throw rocks), even if there are children, or Muslim individuals present…

The Scholars [of the Salaf] had different opinions regarding this matter, due to the way they understood some Ahadeeth, and the availability of these Ahadeeth to them.

The Prophet (salallaahu ‘alayhee wa sallam) showed the reason behind forbidding the killing of women and children, when he passed by a slain woman (after one of the battles), he (salallaahu ‘alayhee wa sallam) said:

“She was not (able) to fight. (i.e. she shouldn’t have been killed because she was not able to fight.)” [Narrated by Ahmad and Abu Dawood]

Imam Malik used the following hadeeth as general evidence to the illegality of killing women and children; Ibn ‘Umar (radiallaahu ‘anhuma) said:

“A woman was found killed in one of the battles of the Prophet (salallaahu ‘alayhee wa sallam), so the Prophet banned the killing of women and children.” [Narrated by AlJama’ah (i.e. Bukhari, Muslim, Ibn Majah, At Tirmidhee) except for An Nasaa’ee, and Abu Dawood]

While the Shafi’ee’s agreed that while, this is the general rule or guideline for war, there are special cases and situations, as is proven by the following hadeeth. As Sab Ibn Juthamah said:

“The Prophet (salallaahu ‘alayhee wa sallam) was asked about attacking the Mushrikeen at night time, where women and children get hit (un-intentionally). He (salallaahu ‘alayhee wa sallam) replied:

“They are from them. (i.e. the attack should not be stopped because of the presence of women and children.)” [Narrated by Bukhari, Muslim, Ibn Majah, At Tirmidhee etc.]

Another hadeeth supports this opinion; At Tirmidhee narrates:

“The Prophet (salallaahu ‘alayhee wa sallam) used Minjaneek (Mangonel ballista) to bombard the people of At Taa’if.”

(And it is known that the people of the city of At Taa’if had all their families with them inside their castles.)

As well, a third hadeeth supports this argument. Salmah Ibn Al Akwa said:

“We attacked Houzan (tribe) at night time with Abu Bakr As Siddiq, after the Prophet (salallaahu ‘alayhee wa sallam) assigned him as the Ameer for this attack.” [Narrated by Ahmad and Abu Dawood].

The above two attacks, i.e. that of At Taa’if and Houzan, were towards the end of the Prophet’s (salallaahu ‘alayhee wa sallam) life. (So it can not be said that this rule is invalid and was replaced by a different ruling, as some might argue).

Looking at the issue from a different angle, we see that stopping the Muslim army from fighting Mushrikeen when they have children with them; would put Muslims and their interests under danger and harm, especially in these days where fighting relies on artillery fire, aircrafts and tanks. For this would mean that the use of all these machine guns [and weaponry, etc.] would have to be avoided and stopped. (Which is non-sense).

The Scholars have unanimously agreed on the [unintentional] killing of a Muslim if he/she is taken [and used] as a human shield by the Kufaar, so why would they forbid fighting the Kufaar because they have their ( Kaafir) women and children with them?…

Is the sanctity of Mushrik women and children greater than that of Muslims?

Plus, the forbidding (of the of killing of women) is when a woman does not take part in the war, nor joins the fighting, nor sacrifices for her faith and ideology and [seeks to] die for them… As for now, the situation has changed, and women do not differ much – regarding this specific issue – from men.

Shaykhul Islam Ibn Taymeeyah says [in his Fatawa 28/537]:

“The Muslim Ummah has unanimously agreed that when the Kufaar take Muslims as human shields, and the Muslims fear (defeat) if they do not attack, then it becomes permissible to fire, but we aim at the Kufaar. Some scholars [have] said that it is [still] permissible to fire even if ceasing fire will not form any [kind of] danger (for the Muslims).”

Ibn Al Arabee said in Ahkaam al Qur’an 1/104:

“[Kaafir] Women shall not be slain unless they fight, because the Prophet (salallaahu ‘alayhee wa sallam) forbade that, [But] that’s[only] if they do not fight. If they do, they get slain.”

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The Revelation of the Order to Fight

Defence of the Muslim Lands (with slight changes)
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

Many writers commit errors on the subject of the permissibility of making peace. They quote Qur’anic text without knowing the chronological order of the revelation. While they must have knowledge of the succession of verses on jihad in the Qur’an that lead up to the revelation of the Verse of the Sword in Surah At Tauba: “…and fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the oneness of Allah, etc.) collectively, as they fight against you collectively, but know that Allah is with those who are Al Muttaqun.” (Quran 9:36)

“…Then kill the Mushrikun wherever you find them, and capture them and besiege them and prepare for them each and every ambush…” (Quran 9:5) Ibn al Qayim explained in Zad al Ma’ad that jihad was permitted during the Hijrah, then it was ordered to combat those who fought them, finally it was ordered to fight the disbelievers in general.

This is why it is so essential to have knowledge of the sequence of the revelation. It is also necessary to clarify that initially it is not permitted to enter into political negotiations in the stage which is for Da’wah, before the Da’wah is properly established with an authority which can preserve its aims. If the Islamic Da’wah enters negotiations in the initial stage, then its agenda becomes compromised and muddled and it will become inconsistent in the people’s understanding. It will have no solid foundation and the Da’wah is lost in political games and national ties.

The example for this period is the noble Surah: “Say: O Al Kafirun (disbelievers in Allah, in his oneness, in His angels, in His books, in his messengers, in the Day of Resurrection, in Al Qadar, etc.)! I worship not that which you worship, nor you worship that which I worship…” (Quran Surah 109) and the example of the position of the believers in this period: “…Say (O Mohammed sallallahu alayhe wa salam): call your (so-called) partners (of Allah) and then plot against me and give me no respite! Verily, my Wali (protector, supporter, and helper, etc.) is Allah who has revealed the book (the Qur’an), and he protects (supports and helps) the righteous.(Quran 7:195-196) 

We must proclaim our beliefs, make them heard. The callers must raise their voices until they are sacrificed on a pyre of Fitnah in which their souls will be tried to the limit of their patience. As it was with the Prophet (sallallahu alayhe wa salam) and his companions during the Meccan period. However, once the Islamic state was established nothing prevented them from making pacts with the disbelievers.

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Conditions for Making Peace Treaties With the disbelievers

Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)

 The scholars of Fiqh are divided as to whether or not it is permitted to make peace treaties with the Kuffar. Among them are some who permit it based on the pact of Hudaybia. Others permit it if the Muslims are extremely weak. Others still, say that we are no longer permitted to make peace treaties with the Kuffar because they say that all pacts with the Kuffar are canceled by the Verse of the Sword. We say, it is permitted to make peace treaties, if in the treaty there is good for the Muslims, but under the condition that there is no clause within the treaty that nullifies or corrupts it. Such as:

1- It is not permitted to include a condition in the treaty that relinquishes even a hand span of Muslim land to the Kuffar. Because, the land of Islam belongs to no one, therefore none can make negotiations over it. Such a condition nullifies the treaty because the land belongs to Allah and to Islam. It is not permitted for anyone to misuse anything in a domain not his own. Or to barter the Son of Adam that does not belong to him. With reference to the Russians, it is not permitted to negotiate with them until they retreat from every hand span of Afghani territory. With the Jews in Palestine, likewise.

2- If the jihad becomes Fard Ayn it nullifies the peace treaty such as when the enemy enters the Muslim lands or intends harm upon them. Fath Aliy of Malik 1/289 on the subject of peace treaties in Mayir in the chapter Jihad: “If the Caliph signs a peace treaty with Christians but the Muslims feel the only solution is Jihad, then his peace treaty is annulled and his deed rejected.” (fath Ali 1/289) Wherever the jihad is Fard Ayn it is not permitted to have peace, such as when the enemy conquers Muslims. All that we have cited on that which makes jihad Fard Ayn annuls the peace treaty, because it discontinues the Fard Ayn, which is jihad to remedy the situation. Qadi Ibn Rushd reported that the scholars are agreed that when jihad becomes Fard Ayn it has more of a priority than fulfilling the Fard Hajj. The reason for this being, that if jihad is Fard Ayn it must be carried out immediately, whereas Hajj may be postponed. The mentioned treaty must be abandoned because it does not conform to the Shariah, it is not valid nor are its rules binding, according to everyone who has a true understanding of the principles of Shariah. Also, the mentioned treaty includes the abandonment of the Fard jihad. The abandonment of the Fard jihad is an illegality and every illegality is not binding.

3- Every condition which entails the abandonment of the Shariah of Allah or neglect of Islamic practices nullifies the treaty. It is not permitted for Russia to interfere with the government because this corrupts jihad and its aim.

4- It is not permitted to contract a treaty including a condition that humiliates the Muslims or creates such a sentiment. As reported in a hadith from az Zuhri, who said in (I’ Laa As-sunan 12/8. Strong, with an interrupted chain of narration): “When tribulations upon the people became great, the Messenger of Allah (sallallahu alayhe wa salam) sent someone to Uyaina Bin Husn Bin Hanifa Ibn Badr and to Harith Bin Abi Auf al Muzni – they were the chiefs of Ghatafan. He offered them one third of the fruits of Medina under the condition that they and their forces withdraw from him and his companions. They held negotiations but did not finalize the agreement. When he wished to finalize the agreement he sent for Saad Bin Muath and Saad Bin Ubadah in order to consult with them. He explained to them the situation and said, “as you know the Arabs are shooting us through one bow (gathered in their attack against us), what do you think of offering them some of the fruits of Medina? They said, “O Messenger of Allah (sallallahu alayhe wa salam) if you say this is your opinion, then your opinion we follow. But, we never offered them dates except to sell them to them or if they were our guests, and that was when we were Kuffar. Now Allah has honored us with Islam”. The Prophet (sallallahu alayhe wa salam) was pleased with what they said”. The Ansaar felt that they would be humiliated. In another narration, the Ansar replied: “We don’t give you anything but the sword.”

5- Not to contract a condition which opposes the Shariah of Islam. For Example:

a- An agreement allowing Mushriks to reside in the land of Harramain (the land of the two holy mosques, i.e. the entire Arabian peninsula) due to the authentic hadith of the Prophet (sallallahu alayhe wa salam): “Expel all Jews and Christians from the Arabian peninsula”. (Reported by Muslim. Al- Fath Ar Rabbani 14/120)

b- To return Muslim women to the Kuffar: “…Then if you know them for true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…” (Quran 60:10)

As regards sending a Muslim man back to the Kuffar there is disagreement among the scholars of Fiqh. Some allow for them to be returned in relation to a similar condition in the Hudaybia pact. But the rest of the scholars maintain that permission for this condition in the Hudaybia treaty was specifically for the Messenger of Allah (sallallahu alayhe wa salam). Because he knew that Allah would find a way out for them. This is the majority opinion. Bara Bin Azib said: “The Messenger of Allah (sallallahu alayhe wa salam) laid down three conditions on the day of Hudaybia with the Mushrikun. Whoever went to them from the Prophet (sallallahu alayhe wa salam) would not be sent Back. Who came to us from them, they would be returned. The Prophet (sallallahu alayhe wa salam) said, “Whoever from us went to them, Allah distanced him”. (Reported by Al-Bukhari and Muslim) The narration in Saheeh Muslim added: “and who left them Allah will make for them an opening and a way out”. (Al-Qurtubi 8/39)

6- Similarly, it is not permitted to contract a condition which permits the exposure of the practices of the Kuffar in Muslim land. For example, allowing the construction of churches, monasteries or the circulation of missionaries, all which create Fitnah for the Muslims and corrupt their beliefs. Most importantly in the Arabian peninsula. Therefore, agreements and the political solution in Palestine are void. Void from their very origin. Any amendments are not permissible. In Afghanistan it is permitted under conditions:

1- Withdrawal of Russians from all Muslim territory.

2- If an Islamic state is established in Afghanistan after withdrawal and there is no interference in the forth-coming government such as attempting to return the king or imposing practices that aim to undermine the beliefs of the Afghani people.

3- The withdrawal must be without conditions or restraints.

The Russians must fully acknowledge the mujahideen and ask peace from them: “But if they incline to peace, you also incline to it, and (put your) trust in Allah…” (Quran 8:61) As-Sudi and Ibn Zaid said: “If the call for a treaty respond to them.” ( Hasshiyat Aah Sharawai and Ibn al Qasim upon Tahfa al Mahtaj 9/306) Ibn Hajr al Haythami said: “A corrupt condition corrupts the contract. For example, a condition that prevents the release of prisoners, the withdrawal from captured territory, the return of any Muslim prisoners that escape from them, their settling in the Hijaz, the appearance of alcohol in our land, or sending back who came to us from them”. (Al Qurtubi 8/39)

The Mujahideen must be satisfied that the Russians are sincere in asking for peace and will not deceive them. But, those who want to have peace or be its intermediaries fail to uphold the aim of the Jihad which is the establishment of an Islamic state, because the Westerner countries will never accept this and in fact, they will resist and oppose it. These people fail to comprehend the aim of jihad and they do not have a clear Islamic vision. Furthermore is not permitted for these people to be fighters in jihad, a favor from Allah, nor can they be its leaders. For Allah the Almighty the Majestic said: “If Allah brings you back to a party of them (the hypocrites), and they ask your permission to go out (to fight), say: never shall you go out with me, nor fight an enemy with me…” (Quran 9:83) Al-Qurtubi: “This indicates that the accompaniment of the foolish in an expedition is not permitted. The major scholars of Fiqh have stated in Al Jihad that it is not permitted for the arrogant, the pessimist, the hesitant, the coward or the hinderer to accompany the army.” (Al-Qurtubi 8/218)

Source: Salafiyyah-jadeedah

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