Jihad is obligatory – Tsion Zaken – Dec 10

The Ruling of Jihaad

Az-Zuhaylee states: “If a general call has not been given, Jihaad is fard kifaayah meaning that it is obligatory on everyone able to make Jihaad, but if some undertake it, the obligation is dropped from the remainder based on the Most Great and Glorious’ statement:

    “Allaah has favored those who make Jihaad in the Cause of Allaah with their wealth and their lives over those who sit at home. But Allaah has promised both a good reward.” (Soorah an-Nisaa, (4): 95)

Allaah Most Glorious has promised both those who make Jihaad and those who stay back Paradise. If Jihaad were an individual obligation (fard ‘aynee) those who stayed back would not have been promised a reward because staying back would be haraam. Also based on the Most Glorious’ statement:

    “It is not proper for all the believers to go out to fight. A party from every group should go forth so that those left behind may gain understanding of the religion.” (Soorah at-Tawbah, (9): 122)

The reason for this being that the goals of Jihaad in inviting people to Islaam (da‘wah), elevating the Religion of Truth, and repelling the evil of the disbelievers, can be achieved by some of the people and if it is done, the others are excused. If they are unable to resist the disbelievers’ attack, the Muslims neighbouring them become obligated, the closer then the next most close, to fight along with them and to supply them with weapons and economic assistance. And a woman is not allowed to take part in Jihaad without the permission of her husband, as her family obligations are individual obligations. Likewise, a son should not take part without the permission of his parents, or one of them if the other is dead, because looking after parents is an individual obligation which must be given preference over the community obligation. It is recorded in both Saheehs [Sahih Al-Bukhari, vol. 4, p. 153, no. 248 and Sahih Muslim, vol. 4, p. 1354, no. 6180] that a man asked permission from the Prophet () to participate in Jihaad and he asked him, “Do you have parents?” The man replied, “Yes.” and he said, “Make your jihaad in their service.”

Jihaad is obligatory in three circumstances:
First:

      If the two armies meet and their battle lines are opposite each other, it is haraam on anyone who is present to leave. He must stand firm and fight based on the Almighty’s statement:
        “Oh believers! If you meet a group stand firm and remember Allaah much.” (Soorah al-Anfaal, (8): 45)

Second:

      If the disbelievers have entered a Muslim land, it is obligatory on all the people of the land to fight them and repel them based on the Almighty’s statement:
        “It is not appropriate for the people of Madeenah and the Bedouins in the neighbourhood to remain behind Allaah’s Messenger and to prefer their own lives to his.” (Soorah at-Tawbah, (9): 120)
      If the general call is given, a woman may join without her husband’s permission and a son may leave without his parents permission.

Third:

      If the Imaam calls the people to march forth, they are obliged to set out with him based on the Almighty’s statement:
        “Oh believers! What is the matter with you, that when you are told to march forth in the cause of Allaah you cling heavily to the earth?” (Soorah at-Tawbah, (9): 38)
    and the hadeeth found in the two Saheehs (Sahih Al-Bukhari, vol. 4, pp. 35-6, no. 42 and Sahih Muslim, vol. 2, pp. 682, no. 3139): “If you are called [by the Muslim ruler] to go out to fight, then go forth [for jihaad] immediately.”

This ruling concerning the obligation of Jihaad is agreed upon among the jurists.

Pre-requisites for Jihaad: There are seven conditions which must be fulfilled for Jihaad to be obligatory: [that the person be] a Muslim, adult, sane, free, male, healthy, and possessing the economic means.” (al-Fiqh al-Islaamee wa Adillatuh, vol. 8, pp. 5848-51)

Sh Aboo Bakr al-Jazaa’iree summarized the obligation as follows: “Fighting against the disbelievers and those who wage war against Islaam is a collective compulsory duty (fard kifaa’ee). If some Muslims perform this duty, the rest are free from its obligation based on 9:122. As for those who are called for war duty by the Muslim ruler, Jihaad is an individual obligation (fard ‘aynee) on them based on the Prophet’s statement, “If you are called [by the Muslim ruler] to go out to fight, then go forth [for jihaad] immediately.” (Sahih Al-Bukhari, vol. 4, pp. 35-6, no. 42 and Sahih Muslim, vol. 2, pp. 682, no. 3139) Similarly, if an enemy attacks a Muslim land, it is obligatory on every inhabitant, including women, to repel the enemy and fight against them. (Mihhaj Al-Muslim, vol. 2, p. 165)

Shaykh al-Albaanee addressed the obligation of Jihaad in our time saying: “Jihaad in this time, in fact, from before this time, is an individual obligation because the current problem is not just the problem of Bosnia which has newly stirred the emotions of Muslim youths. For we have in our neighborhood the Jewish occupation of Palestine and none of the Islamic states have taken any action towards fulfilling the obligation of making Jihaad against them and expelling them; or ‘throwing them into the sea’ as one of the leaders of the Arab states stated. What I mean is that Jihaad is an individual obligation because many Muslim lands were occupied in the past and remain occupied in the present [like Kashmir, Sinkiang in China, Southern Russian states, Mindanao in Southern Philippines, etc.] by some of the disbelievers and this type of occupation is not hidden from any Muslim who is concerned about the affairs of Muslims, not to mention Islamic organizations, parties or Islamic countries.” (Tape: Silsilah al-Hudaa wan-Noor, 720/1)

Shaykh al-Albaanee stated: “There must be a leader for Muslims to whom an oath of allegiance is given and not chaotic individual initiative.” He also stated: “For fard kifaa’ee Jihaad it is okay for a small group to gather and perform Jihaad. But for fard ‘aynee Jihaad we need the whole nation of Muslims. How can we have the whole nation of Muslims if we don’t have a unified leadership for this kind for Jihaad? I do not see any of the Mujaahideen calling for this kind of ameer…”

“Jihaad must be under the supervision of a single Imaam or khaleefah. But, let me tell you about some thing that troubles many of the students of knowledge, that there are many groups that fight like the Afghans or those [Ikhwaan] in Syria a decade or more ago. If they want to fight, they must be under the leadership of one ameer. That doesn’t mean that Syrians fight in Afghanistan and Afghanis fight in Syria, no. It means that both fighting groups must be under the supervision of one Imaam and one khaleefah. If there isn’t a single Imaam and a single Jamaa‘ah (i.e. one unified group under a unified leadership, but with fighters fighting in different parts of the Islaamic world), both groups would be operating on their own. To do this type of fard ‘aynee Jihaad, it is obligatory on Muslims to be unified, and [this type of] unification needs a khaleefah. To establish this situation, we must start with purification and education (Tasfiyah wa Tarbiyah). We can not start with Jihaad right now.” (Tape: Munaazarah ma ‘a Tanzeen al-Jihaad al-Islaamee)

A Muslim state must exist to provide the necessary backing for such an endeavour. In this regard, Shaykh al-Albaanee stated: “The Jihaad which is obligatory, and an individual obligation, is not possible for individuals to fulfil. Not even by some Islaamic organizations or Islamic parties, because this type of Jihaad, especially in our time in which the means of fighting have multiplied, [cannot be fulfilled by them]. These parties or organizations, not to mention individuals, cannot fulfil this individual obligation. Instead it is an obligation on the Islaamic countries that possess the weapons and forces and modern military means. Though, if they gathered and sincerely addressed this Jihaad they could fulfil this individual obligation. However, unfortunately, these countries have made no effort to fulfil the obligation of this Jihaad and, instead, they have left the responsibility to some organizations and parties which are unable to do anything to stop the incursions of the occupying disbelieving forces in some Islaamic countries. The reality bears witness that any Muslim group which tries to fight the aggressor, as in Afghanistan, or revolt against the ruler whose disbelief has become apparent, as happened in Algeria, for example, this sad reality proves that individual or party Jihaad cannot produce the fruit which is hoped for; that of making Allaah’s word supreme. Therefore, we believe that Jihaad cannot exist except under an Islaamic banner, first and foremost, and under a united Muslim army taken from different Islaamic countries and not from a single country or region. In addition to that, there must be taqwaa (fear of) Allaah, Most Great and Glorious, in avoiding the things, well known to Muslims, which Allaah, Most High, has prohibited, but which are far from being applied practically. I have said on more than one occasion … that the cause of the humiliation and degradation which has befallen Muslims today – absolutely unknown in previous Muslim history – is because they have failed to apply the Qur’aanic verse: “If you support [the religion of] Allaah, He will support you.” [Soorah Muhammad, (74): 7]”(Tape: Silsilah al-Hudaa wan-Noor, 720/1)

It must be to spread Islaam, according to its correct understanding, and prevent injustice for the sake of Allaah and not merely for the expansion of the state and other worldly gain.

Some Etiquettes of Jihaad

      1. The disbelievers should be called to Islaam prior to declaring war against them and attacking them. Whenever the Prophet () sent troops on a military expedition, he would instruct its commander to fear Allaah, and treat those under him well and he would tell him, “When you meet the enemy from the pagans, invite them to one of three things. Whichever of them they agree to, accept it from them and leave them alone. Call them to Islaam. If they accept it, accept them and leave them alone. If they refuse, invite them to pay the jizyah. If they accept, accept it from them and leave them alone. If they refuse, then seek Allaah’s help and fight them.” (Sahih Muslim, vol. 3, pp. 943, no. 4294)
      2. Women, children, elderly people and clergy not taking part in the battle should not be killed. The Prophet () told his commanders, “March in the name of Allaah, with Allaah, and according to the way of the Messenger of Allaah. Do not kill feeble old people, infants, small children or women, and do not steal from the spoils of war.” (Sunan Abu Dawud, vol. 2, pp. 723, no. 2607 and authenticated in Saheeh Sunan Abee Daawood, vol. 2, pp. 496, no. 2277)
      3. Muslims are not permitted to act treacherously to those whom they have guaranteed protection. For example, under the white flag, or during a truce. The Prophet () said: “Do not be treacherous…” (Sahih Muslim, vol. 3, pp. 943, no. 4294) “The treacherous person will have a banner raised for him on the Day of Resurrection saying: ‘This is the treachery of so-and-so, the son of so-and-so.” (Sahih Al-Bukhari, vol. 8, p. 128, 196, Sahih Muslim, vol. 3, p. 944, 4301)
      4. Burning the enemy with fire (e.g. use of flame throwers) is not permissible based on the Prophet’s statement: “If you find so-and-so, kill him, but do not burn him with fire. For only Allaah punishes with fire [rightfully].” (Sahih Al-Bukhari, vol. 4, pp. 127-8, no. 107)
      5. It is not permissible to mutilate the dead bodies of the enemy as the Serbs did to Muslims during the war in Bosnia, for example. ‘Imraan ibn Husayn said: “The Messenger of Allaah () used to encourage us to give in charity and he prohibited us from mutilating.”
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