Islamic politics
Chapter 3
Rulings on Jihaad
39344: Ruling on a non-Muslim
who dies defending his homeland
Question:
If a Christian is killed in battle defending
his homeland, is he regarded as a martyr
(shaheed)? What is the ruling in this case?.
Answer:
Praise be to Allaah.
Whoever is killed for the sake of Allaah is a
martyr. What is meant by "for the sake of
Allaah" is that he is fighting so that the word
of Allaah will be uppermost. This is the
definition of the martyr killed in battle, as
stated by the Prophet (peace and blessings of
Allaah be upon him).
Al-Bukhaari (3126) and Muslim (1904) narrated
that Abu Moosa al-Ash'ari (may Allaah be pleased
with him) said: A Bedouin said to the Prophet
(peace and blessings of Allaah be upon him), "A
man fights for the sake of booty, and a man
fights so that he will become famous, and a man
fights to show off _ who is fighting for the
sake of Allaah?" He said, "The one who fights so
that the word of Allaah will be uppermost is the
one who is fighting for the sake of Allaah."
Muslim (1915) narrated that Abu Hurayrah
said: The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: "Who do
you think is a martyr among you?" They said, "O
Messenger of Allaah, the one who is killed for
the sake of Allaah is a martyr," He said, "The
martyrs of my ummah would be few in that case."
They said, "Then who are they, O Messenger of
Allaah?" He said: "The one who is killed for the
sake of Allaah is a martyr; the one who dies for
the sake of Allaah is a martyr; the one who dies
of the plague is a martyr; the one who dies of a
stomach disease is a martyr; and the one who
drowns is a martyr."
So the Prophet (peace and blessings of Allaah
be upon him) mentioned both the martyrs who die
in battle and those who also share the virtue of
martyrdom.
Al-Nawawi (may Allaah have mercy on him)
said: The scholars said: What is meant by the
martyrdom of these people who are not killed for
the sake of Allaah is that in the Hereafter they
will have the reward of martyrdom, but in this
world their bodies should be washed and the
funeral prayer should be offered for them. We
have already discussed this in Kitaab
al-Eemaan. The martyrs are of three types:
the martyr in this world and the Hereafter, who
is the one who is killed in war against the
kuffaar; the martyr in the Hereafter, who is not
treated as a martyr as far as rulings in this
world are concerned, who are the people
mentioned here; and the martyr in this world who
is not regarded as a martyr in the Hereafter,
which is the person who steals from the war
booty or who is killed when running away from
the battlefield.
End quote.
Martyrdom is a high status, which can only be
attained by the believers (Muslims).
With regard to the one who heard the call of
the Prophet Muhammad (peace and blessings of
Allaah be upon him) and did not believe in him,
he is a kaafir who disbelieves in Allaah and is
one of the people of Hell, whether he was killed
in battle or died in his bed, whether he was a
Jew or a Christian or any other religion of
shirk and kufr. The Christians are kaafirs
because they reject the Prophet (peace and
blessings of Allaah be upon him) and because
they claim that the Messiah `Eesa ibn Maryam
(Jesus the son of Mary) is divine, and because
they claim that God has taken a wife and a son _
exalted be Allaah far above what they say.
Allaah says (interpretation of the meaning):
"Verily, those who disbelieve in Allaah
and His Messengers and wish to make distinction
between Allaah and His Messengers (by believing
in Allaah and disbelieving in His Messengers)
saying, "We believe in some but reject others,"
and wish to adopt a way in between.
They are in truth disbelievers. And We have
prepared for the disbelievers a humiliating
torment"
[al-Nisa' 4:150-151]
"And the Jews say: `Uzair (Ezra) is the
son of Allaah, and the Christians say: Messiah
is the son of Allaah. That is their saying with
their mouths, resembling the saying of those who
disbelieved aforetime. Allaah's Curse be on
them, how they are deluded away from the truth!"
[al-Tawbah 9:30]
"Surely, they have disbelieved who say:
`Allaah is the Messiah [`Eesa (Jesus)], son of
Maryam (Mary).' But the Messiah [`Eesa (Jesus)]
said: `O Children of Israel! Worship Allaah, my
Lord and your Lord.' Verily, whosoever sets up
partners (in worship) with Allaah, then Allaah
has forbidden Paradise to him, and the Fire will
be his abode. And for the Zaalimoon (polytheists
and wrongdoers) there are no helpers"
[al-Maa'idah 5:72]
"Surely, disbelievers are those who said:
`Allaah is the third of the three (in a
Trinity).' But there is no Ilaah (god) (none who
has the right to be worshipped) but One Ilaah
(God —Allaah). And if they cease not from what
they say, verily, a painful torment will befall
on the disbelievers among them"
[al-Maa'idah 5:73]
And the Prophet (peace and blessings of
Allaah be upon him) said: "By the One in Whose
hand is the soul of Muhammad, no one of this
nation, Jew or Christian, hears of me then dies
without having believed in that with which I was
sent, but he will be one of the people of Hell."
Narrated by Muslim, 153.
The above comments have to do with the
rulings on his situation in the Hereafter if he
is killed. With regard to the rulings on his
situation in this world, if a non-Muslim joins
the fight to defend a Muslim country without
that involving any compromise on religious
matters on the Muslims' part, then there is
nothing wrong with thanking him and rewarding
him for that.
And Allaah knows best.
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13241: Treatment of
prisoners-of-war in Islam
Question:
How are prisoners of war treated in Islam?
Answer:
Praise be to Allaah.
Islam is the religion of mercy and justice;
it commands us to call others to the religion of
Allaah in a kind and good manner, and to
encourage people to enter this great religion.
If some people persist in rejecting the religion
of Allaah and stand in the way of ruling by that
which Allaah has revealed on earth, or they
fight against the call to Allaah, then we give
them the choice of three things:
Either they become Muslim; or if they refuse
they pay the jizyah (whereby they pay a
specified amount to the Muslims in return for
being allowed to remain their land, and the
Muslims undertake to protect them); or, if they
refuse that, there is nothing left but the way
which they themselves have chosen, which is
fighting and dealing violently with those who
have persecuted the Muslims and put obstacles in
the path of the Islamic da'wah. In this way the
Muslims will gain the upper hand and the enemies
will be humiliated; then when we have killed and
wounded many of them and gained the upper hand
over them, we may take prisoners and bind a bond
firmly on them [cf. Muhammad 47:4], because in
that case it is more in tune with the idea of
mercy by choice (not because we are afraid of
them); at that point war should not continue any
longer than is necessary. War in Islam should
not be waged for the sole purpose of shedding
blood or seeking vengeance. If the Muslims
capture them and take them to a place that has
been prepared for them, they should not harm
them or torture them with beatings, depriving
them of food and water, leaving them out in the
sun or the cold, burning them with fire, or
putting covers over their mouths, ears and eyes
and putting them in cages like animals.
Rather they should treat them with kindness and
mercy, feed them well and encourage them to
enter Islam.
Thumaamah ibn Athaal _ the leader of Bani
Haneefah _ was brought (to Madeenah) as a
prisoner and tied to one of the pillars of the
mosque. The Messenger (peace and blessings of
Allaah be upon him) came to him and said, "What
do you think, O Thumaamah?" He said, "What I
think, O Muhammad, is good. If you kill me, you
will kill one with blood on his hands _ i.e., I
will deserve to be killed because I have killed
Muslims _ and if you release me you will release
one who will be grateful. If you want money,
then ask, and I will give you whatever you
want." The Messenger of Allaah (peace and
blessings of Allaah be upon him) left him for
three days, and each day he would come and ask
him similar questions, and Thumaamah would give
similar answers. After the third day, he
commanded that he should be released. Thumaamah
went to a stand of date-palms near the mosque
where he bathed (did ghusl), then he came to the
Prophet (peace and blessings of Allaah be upon
him) and said, "I bear witness that there is no
god except Allaah and I bear witness that
Muhammad is the slave of Allaah and His
Messenger." Then he said: "O Messenger of
Allaah, by Allaah there was no one on earth
whose face was more hateful to me than yours,
but now your face is the most beloved of all
faces to me. By Allaah, there was no religion
that was more hateful to me than your religion,
but now your religion has become the most
beloved of all religions to me. By Allaah, there
was no land more hateful to me than your land,
but now your land has become the most beloved to
me. Your cavalry captured me when I was on my
way to perform `Umrah, so what do you think I
should do?"
The Messenger of Allaah (peace and blessings
of Allaah be upon him) congratulated him, and
told him to go for `Umrah. When he came to
Makkah, someone asked him, "Have you changed
your religion?" He said, "No, but I have
submitted with the Messenger of Allaah (peace
and blessings of Allaah be upon him), and by
Allaah you will not get a grain of wheat from
al-Yamaamah unless the Messenger of Allaah
(peace and blessings of Allaah be upon him)
gives permission."
Think about this story, may Allaah bless you,
and how the kind treatment of Thumaamah led to
his embracing Islam, which could not have
happened were it not primarily by the grace of
Allaah, and also the kind treatment which
Thumaamah received.
In the Qur'aan, Allaah says of the righteous
(interpretation of the meaning):
"And they give food, in spite of their
love for it (or for the love of Him), to the
Miskeen (the poor), the orphan, and the captive,
(Saying): `We feed you seeking Allaah's
Countenance only. We wish for no reward, nor
thanks from you'"
[al-Insaan 76:8-9]
Ibn Katheer (may Allaah have mercy on him)
said: "Ibn `Abbaas said: in those days their
prisoners were mushrikeen; on the day of Badr
the Messenger of Allaah (peace and blessings of
Allaah be upon him) commanded them to be kind to
their prisoners, so they used to put them before
themselves when it came to food… Mujaahid said,
this refers to the one who is detained, i.e.,
they would give food to these prisoners even
though they themselves desired it and loved it."
The ruling on tying up prisoners:
It is well known that if prisoners are able
to escape they will not hesitate to do so,
because they may be afraid of dying and they do
not know what awaits them. Hence the Muslims
were commanded to tie up their prisoners and to
tie their hands to their necks, lest they run
away. This is something that still happens and
is well known to all people.
The wisdom behind permitting the taking of
prisoners is so as to weaken the enemy and ward
off his evil by keeping him away from the
battlefield so that he cannot be effective or
play any role; it also creates a means of
freeing Muslim prisoners by trading the
prisoners whom we are holding.
Detaining prisoners
Prisoners should be detained until it is
decided what is the best move. The ruler of the
Muslims should detain prisoners until he decides
what is in the Muslims' best interests. He may
ransom them for money, or exchange them for
Muslim prisoners, or release them for nothing in
return, or distribute them among the Muslims as
slaves, or kill the men, but not the women and
children, because the Prophet (peace and
blessings of Allaah be upon him) forbade killing
the latter. The purpose behind detaining
prisoners is so that the Muslims may be
protected from their evil. The Prophet (peace
and blessings of Allaah be upon him) used to
enjoin the Muslims to treat prisoners well,
whereas the Romans and those who came before
them the Assyrians and Pharaohs, all used to put
out their prisoners' eyes with hot irons, and
flay them alive, feeding their skins to dogs,
such that the prisoners preferred death to life.
Ahkaam al-Sijn wa'l-Sujana' wa Mu'aamalat
al-Sujana' fi'l-Islam by Hasan Abi'l-Ghuddah,
256
(www.islam-qa.com)
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10138: Deception in war
Question:
Does Islam permit deception in war? Is this
considered to be betrayal and treachery?
Answer:
Praise be to Allaah.
Allaah has forbidden treachery and has
condemned those who do it. Allaah says
(interpretation of the meaning):
"They are those with whom you made a
covenant, but they break their covenant every
time and they do not fear Allaah"
[al-Anfaal 8:56]
And the Prophet (peace and blessings of
Allaah be upon him) said: "Every betrayer will
have a banner on the Day of Resurrection, by
which he will be known." (Narrated by
al-Bukhaari, 6966; Muslim, 1736)
Al-Bukhaari narrated that Ibn `Umar (may
Allaah be pleased with him) said: `The Messenger
of Allaah (peace and blessings of Allaah be upon
him) said: `There are four characteristics,
whoever has them all is a pure hypocrite: when
he speaks, he lies; when he makes a promise he
breaks it; when he is entrusted with something
he betrays that trust; and when he argues, he
speaks in an obscene manner. Whoever has one of
these traits has a trait of hypocrisy until he
gives it up." (Narrated by al-Bukhaari, 3878;
Muslim, 58)
And it was narrated that Maalik said: "I
heard that `Abd-Allaah ibn `Abbaas said: `There
is no people who betrays their covenant but
Allaah gives their enemies power over them."
(al-Muwatta', Baab ma jaa'a fi'l-wafa'
bi'l-`ahd)
Yet despite this condemnation of betrayal,
Islam allows deception in war in order to attain
victory. Al-Nawawi said: "The scholars are
agreed that it is permissible to deceive the
kuffaar in war in any way possible, except if
that would mean breaking the terms of a treaty
or trust, in which case it is not permitted.
The Prophet (peace and blessings of Allaah be
upon him) said: "War is deceit." (Narrated by
al-Bukhaari, 3029; Muslim, 58). One of the most
dangerous elements of deceit is taking the enemy
by surprise and catching them unawares before
they can get ready to fight. When the Messenger
(peace and blessings of Allaah be upon him)
wanted to head for Makkah in order to conquer
it, he ordered the Muslims to get ready without
telling anyone of his intention until after they
had set out for Makkah, and after taking all
precautions to prevent news of that reaching the
mushrikeen.
And the Prophet (peace and blessings
of Allaah be upon him) used to send out many
raiding parties, and he would tell them to
travel by night and conceal themselves by day so
that they could catch the enemy unawares.
Although it is permissible to use deception
in war, we say that Islam has attained a high
standard of ethics with regard to the use of
these tricks in war. Among the most prominent
examples of that are the following:
`Umar ibn al-Khattaab wrote to the commander
of an army that he had sent out: "I have heard
that some men among you look for kaafirs, then
when they run to hide in difficult mountainous
terrain they say, `Do not be afraid,' then when
they catch up with them they kill them. By the
one in whose hand is my soul, if I hear that
anyone has done that I will chop off his head."
It was narrated that Abu Muslimah said: "
`Umar ibn al-Khattaab said: `By the One in Whose
hand is my soul, if any one of you were to point
to the sky [i.e., a gesture to imply that he
will not harm him] to make a mushrik come down
to him and then kill him, I would kill him for
that.'"
Islam has forbidden treachery, and treachery
is not one of the kinds of tricks and deception
that are permitted in war.
This Islamic sharee'ah makes a distinction
between the kinds of deceit that are permitted
and that which involves treachery and breaks
treaties.
See al-`Allaaqaat al-Khaarijiyyah fi
Dawlat al-Khilaafah, 197.
Islam Q&A. Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
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21932: Islamic ruling on
self-defence
Question:
What is the viewpoint of Islam toward
self-defense? Is it a right? Are there
conditions on that right? Does the Qur'an speak
to the issue of self-defense?
Answer:
Praise be to Allaah.
Protecting oneself and one's honour, mind,
wealth and religion is a well-established basic
principle in Islam. These are the five
essentials which are well known to Muslims. A
person has to defend himself; it is not
permissible for him to consume that which will
harm him, and it is not permissible for him to
allow anyone to harm him. If a person or a
vicious animal etc attacks him, he has to defend
himself, or his family or his property, and if
he is killed he is counted as a shaheed
(martyr), and the killer will be in Hell.
If the harm that will result from this
aggression is little and he gives up defending
himself for the sake of Allaah, then undoubtedly
Allaah will compensate him for that, so long as
this does not cause any increase in the
wrongdoing against him or anyone else.
Shaykh `Abd al-Kareem al-Khudayr.
(www.islam-qa.com)
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20214: Ruling on jihad and
kinds of jihad
Question:
In this day and Age is Jihad Fard on every
able bodied Man?
Answer:
Praise be to Allaah.
Firstly:
Jihaad is of various kinds, some of which are
obligatory upon everyone who is accountable, and
some are obligatory upon the community as a
whole _ if some people undertake them then the
rest are relieved of the obligation. And some
kinds of jihad are mustahabb.
Jihad al-nafs (jihad against one's self) and
jihad al-Shaytaan (jihad against the Shaytaan)
are obligatory upon everyone who is accountable.
Jihad against the munaafiqeen (hypocrites),
kaafirs (disbelievers) and leaders of oppression
and innovation is obligatory upon the community
as a whole. Physical jihad (i.e. fighting)
against the kaafirs may become an individual
obligation upon everyone who is able to do it in
certain circumstances, which will be described
below.
Ibn al-Qayyim (may Allaah have mercy on him)
said:
Once this is understood, then jihad is of
four kinds: Jihad al-nafs (jihad against one's
self), jihad al-Shaytaan (jihad against the
Shaytaan), jihad against the kaafirs and jihad
against the hypocrites.
Jihad al-nafs (jihad against one's self) is
of four kinds:
1 _ Striving to learn the teachings of Islam
without which one cannot attain success and
happiness in this world or in the Hereafter; if
this is missing then one is doomed to misery in
this world and in the Hereafter.
2 _ Striving to make oneself act in
accordance with what one has learned. Simply
knowing without acting, even though it may not
cause any harm, is not going to bring any
benefit.
3 _ Striving to call others to Islam,
teaching those who do not know about it.
Otherwise one will be one of those who conceal
that which Allaah has revealed of guidance and
teaching, and it will not benefit him or save
him from the punishment of Allaah.
4 _ Striving to bear patiently the
difficulties involved in calling people to
Allaah and the insults of people; bearing all
that for the sake of Allaah.
If a person achieves all these four levels,
then he will be one of the rabbaaniyyeen
(learned men of religion who practise what they
know and also preach to others. Cf. Aal `Imraan
3:79). The salaf were agreed that the scholar
does not deserve to be called a rabbaani unless
he knows the truth, acts in accordance with it
and teaches it to others. Whoever teaches, acts
in accordance with his knowledge and has
knowledge, he will be called great in the
kingdom of heaven.
Jihad against the Shaytaan is of two types:
1 _ Warding off the doubts that he stirs up
to undermine faith.
2 _ Striving against him to ward off the
corrupt desires that he provokes.
The first jihad is followed by certainty of
faith, and the second is followed by patience.
Allaah says (interpretation of the meaning):
"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 Ayaat (proofs,
evidences, verses, lessons, signs, revelations,
etc.)"
[al-Sajdah 32:24]
Allaah tells us that leadership in religion
is attained through patience and certainty of
faith. Patience wards off desires and certainty
wards off doubts.
Jihad against the kaafirs and hypocrites is
of four kinds: with the heart, the tongue, one's
wealth and oneself. Jihad against the kaafirs is
more along the lines of physical fighting
whereas jihad against the hypocrites is more
along the lines of using words and ideas.
Jihad against the leaders of oppression and
innovation is of three kinds:
1 _ Jihad with one's hand (i.e., physical
jihad, fighting) if one is able. If that is not
possible then it should be with one's tongue
(i.e., by speaking out). If that is not possible
then it should be with one's heart (i.e., by
hating the evil and feeling that it is wrong).
These are the thirteen types of jihad, and
"Whoever dies without having fought or having
resolved to fight has died following one of the
branches of hypocrisy." (Narrated by Muslim,
1910).
Zaad al-Ma'aad, 3/9-11)
Shaykh `Abd al-`Azeez ibn Baaz (may Allaah
have mercy on him) said:
"Jihad is of various kinds, with one's self,
one's wealth, by making du'aa', by teaching and
guiding, by helping to do good in any way. The
greatest form of jihad is jihad with one's self
(i.e., going oneself and fighting), followed by
jihad with one's wealth, jihad by speaking out
and guiding others. Da'wah is also part of
jihad. But going out oneself to fight in jihad
is the highest form.
(Fataawa al-Shaykh Ibn Baaz, 7/334,
335)
Secondly:
The idea of waging physical jihad against the
kaafirs went through a number of stages,
depending on the state in which the Muslim ummah
was. Ibn al-Qayyim (may Allaah have mercy on
him) said:
"The first thing which his Lord revealed to
him was to read in the name of his Lord who had
created. That was the beginning of his
Prophethood, where Allaah commanded him to
recite to himself but He did not yet command him
to convey that. Then He revealed the words
(interpretation of the meaning:
`O you (Muhammad) enveloped in garments!
Arise and warn!'
[al-Muddaththir 74:1-2]
So he became a Prophet with the word `Iqra
(Read!) and he became a Messenger with the
words, `O you (Muhammad) enveloped in garments…'
Then Allaah commanded him to warn his closest
kinsmen, then to warn his people, then to warn
the Arabs around them, then to warn all the
Arabs, then to warn all of mankind. He continued
to call them for over ten years from the
beginning of his Prophethood, without fighting
or imposing the jizyah; he was commanded to
refrain, to be patient and to be forbearing.
Then permission was given to him to migrate,
and permission was given to him to fight.
Then he was commanded to fight those who
fought him, and to refrain from fighting those
who left him alone and did not fight him.
Then Allaah commanded him to fight the
mushrikeen so that the religion would all be for
Allaah.
After jihad was enjoined upon him, the
kaafirs then fell into three categories: those
with whom there was a truce or peace treaty;
those with whom he was at war; and those who
lived under the rule and protection of the
Islamic state."
(Zaad al-Ma'aad, 3/159)
Thirdly:
The ruling on physical jihad against the
kaafirs is that this is an obligation on the
community as a whole (fard kafaayah).
Ibn Qudaamah said:
"Jihaad is an obligation upon the community;
if some people undertake it, the rest are
relieved of the obligation."
What fard kafaayah means is that if it is not
undertaken by enough people, then all the people
are guilty of sin, but if enough people
undertakes it, the rest will be relieved of
blame. Initially the command is addressed to all
of them, as in the case of an individual
obligation (fard `ayn), but then in the case of
fard kafaayah the obligation is dropped if
enough of the people undertake to do it, unlike
the case with fard `ayn where the obligation is
not dropped if someone else does it. Jihad is a
fard kafaayah, according to the majority of
scholars."
(al-Mughni, 9/163)
Shaykh `Abd al-`Azeez ibn Baaz said:
"We have previously explained on more than
one occasion that jihad is fard kafaayah, not
fard `ayn. All Muslims are enjoined to support
their brothers with their selves (i.e.,
physically, by joining them), or with money,
weapons, da'wah and advice. If enough of them go
out (to fight), the rest are freed from sin, but
if none of them do that then all of them are
sinners.
The Muslims in Saudi Arabia, Africa, North
Africa and elsewhere are obliged to do their
utmost, and if there is a jihad in one country,
the surrounding countries should hasten to help
them, the closest then the next closest. If one
or two states, or three or more, manage to
fulfil the obligation, then the rest are freed
of responsibility. They deserve to be supported,
and it is obligatory to help them against their
enemies, because they are oppressed. Allaah has
enjoined jihad upon all Muslims, and they must
fight against the enemies of Allaah until their
brothers are victorious. If they fail to do that
then they are sinners, but if sufficient people
undertake to do that, then the rest are absolved
of sin."
(Fataawa al-Shaykh Ibn Baaz, 7/335)
Fourthly:
Physical jihad against the kaafirs becomes
obligatory in four cases, which are:
1 _ When the Muslim is present in a jihad
situation.
2 _ When the enemy has come and attacked a
Muslim land
3 _ When the ruler mobilizes the people, they
must respond.
4 _ When a person is needed and no one else
can do the task except him.
Shaykh Ibn `Uthaymeen said:
Jihad is obligatory and becomes fard `ayn if
a person is present where fighting is going on.
This is the first of the situations in which
jihad becomes an individual obligation, because
Allaah says (interpretation of the meaning):
"O you who believe! When you meet those
who disbelieve, in a battlefield, never turn
your backs to them.
And whoever turns his back to them on such a
day — unless it be a stratagem of war, or to
retreat to a troop (of his own), — he indeed has
drawn upon himself wrath from Allaah. And his
abode is Hell, and worst indeed is that
destination!"
[al-Anfaal 8:16]
The Prophet (peace and blessings of Allaah be
upon him) said that running away on the day when
the army is advancing is one of the sins that
doom a person to Hell. He said: "Avoid the seven
sins that doom a person to Hell…" among which he
mentioned running away on the day when the army
is advancing (agreed upon). But Allaah has made
exceptions in two cases:
1- When it is a military manoeuvre, in the
sense that he is leaving to bring
reinforcements.
2- When he is going to join another group,
when he has been told that there is a group of
Muslims elsewhere who are about to be defeated,
so he goes to join them in order to strengthen
their numbers. This is subject to the condition
that there is no risk to the group he is in; if
there is a risk to the group that he is in, then
it is not permissible for him to go to the other
group. In this case (jihad) is an individual
obligation upon him (fard `ayn) and it is not
permissible for him to leave.
The second situation (in which jihad becomes
an individual obligation) is when a city is
besieged by the enemy. Then he has to fight in
defence of the city, because when the city is
besieged there is no alternative but to defend
it, for if the enemy is going to prevent people
from leaving the city or entering it, and
prevent provisions from reaching it, and other
things which are well known, then in this case
the people of the city are obliged to fight in
order to defend their city.
The third situation is when the leader tells
the people to mobilize; the leader (imam) is the
highest authority in the state, but he need not
necessarily be the leader of all the Muslims,
because there has been no leader of all the
Muslims (khaleefah) for a long time. The Prophet
(peace and blessings of Allaah be upon him)
said: "Listen and obey, even if you are ruled by
an Abyssinian slave." So if a man becomes a
leader, then his word is to be heeded and his
commands are to obeyed.
(al-Sharh al-Mumti', 8/10-12).
Islam Q&A. Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
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5275: Is jihad invalid if
there is no khaleefah?
Question:
Can we really participate in Jihaad when we
don't have any khalifa to organise us, or we
don't have the strength to fight them? Do we
behave like the Prophet (SM) did having patience
and trust in Allah (S) before gaining the
strength to fight the kuffar?
Answer:
Praise be to Allaah.
Jihaad for the sake of Allaah is the pinnacle
of Islam, and is one of the principles of the
religion. It does not depend on there being an
imaam (khaleefah or ruler)… But obviously jihaad
requires preparation and organization, and the
existence of a leader of the army who can weigh
up the pros and cons. This strikes the balance
between those who are reckless and pay no
attention to the regulations of sharee'ah, and
those who neglect this duty and ignore it
completely.
It is obligatory to follow the example of the
Prophet (peace and blessings of Allaah be upon
him) in all his affairs, which includes
preparation and equipping oneself.
Shaykh Muhammad Aal `Abd al-Lateef
(www.islam-qa.com)
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8961: Ruling on jihaad
Question:
Is jihaad considered to be fard `ayn
[obligatory on all individuals] now, when the
rights of Muslims have been violated by foreign
invasions and in other ways? What is the ruling
on those who are not engaged in jihaad, who
cannot do anything, but if they were called upon
they would respond and fight in jihaad for the
sake of Allaah, but they are prevented by the
current circumstances of the ummah, such as the
lack of rule according to sharee'ah? Please
respond, with evidence (daleel).
Answer:
Praise be to Allaah.
Jihaad to make the word of Allaah supreme, to
protect the religion of Islam, to enable
spreading the faith and to protect the things it
holds sacred, is an obligation upon everyone who
is able to do it. But this necessitates
organizing and sending armies, lest it result in
chaos leading to bad consequences. So initiating
it is one of the tasks of the Muslim ruler, and
the `ulamaa' should encourage it. If jihaad
begins and the Muslims are mobilized, then
everyone who is able should answer the call,
sincerely for the sake of Allaah, hoping for
truth to prevail and to protect Islam. Whoever
holds back from that when the call has been
made, with no valid excuse, is a sinner.
And Allaah is the source of strength. May
Allaah bless our Prophet Muhammad and his family
and companions, and grant them peace.
Fataawaa al-Lajnah al-Daa'imah, 12/12
(www.islam-qa.com)
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Introduction