Jurisdictional rulings and issues of jihad in light of the Quran and Hadith: Volume 01: Page 380
Question
Peace be upon you and the mercy of Allah and His blessings.
Issues of jihad
Answer with the help of Allah, provided the question is correct
And peace be upon you and the mercy of Allah and His blessings!
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Allah, the Exalted, has made jihad obligatory in His path, so that His word may be exalted, His religion may be supported, His enemies may be defeated, and His friends may prevail. Furthermore, the permissibility of jihad also serves as a test and trial for Allah's servants. Allah, the Exalted, says:
﴿ذٰلِكَ وَلَو يَشاءُ اللَّهُ لَانتَصَرَ مِنهُم وَلـٰكِن لِيَبلُوَا۟ بَعضَكُم بِبَعضٍ وَالَّذينَ قُتِلوا فى سَبيلِ اللَّهِ فَلَن يُضِلَّ أَعمـٰلَهُم ﴿٤﴾ سَيَهديهِم وَيُصلِحُ بالَهُم ﴿٥﴾ وَيُدخِلُهُمُ الجَنَّةَ عَرَّفَها لَهُم ﴿٦﴾... سورةمحمد
"This is the command, and if Allah had willed, He could have taken vengeance upon them Himself, but (His intention is) to test one of you by means of another. And those who are killed in the way of Allah, their deeds will never be made to go to waste. (4) He will guide them and rectify their condition (5) and admit them into Paradise which He has made known to them."
Reference: Muhammad 47:6-4.
The Importance of Jihad Fi Sabilillah in Islam
In Islam, Jihad fi Sabilillah holds great significance. Jihad is the pinnacle of Islam and its essence, and it is considered the most virtuous and superior act of worship in the religion, to the extent that some scholars have even deemed it the sixth pillar of Islam.
The legitimacy of Jihad fi Sabilillah is established through:
◈ The Book of Allah
◈ The Sunnah of the Messenger of Allah ﷺ
◈ The consensus of the Ummah
Allah, the Exalted, has stated:
﴿كُتِبَ عَلَيكُمُ القِتالُ ...﴿٢١٦﴾... سورة البقرة
"Jihad (fighting) has been made obligatory upon you."
Reference: Al-Baqarah:2/216.
The Messenger of Allah ﷺ himself participated in Jihad fi Sabilillah and commanded it as well. The Prophetic saying is:
"مَنْ مَاتَ وَلَمْ يَغْزُ وَلَمْ يُحَدِّثْ بِهِ نَفْسَهُ مَاتَ عَلَى شُعْبَةٍ مِنْ نِفَاقٍ"
"Whoever dies without having fought in Jihad, nor having thought about it in his heart, dies on a branch of hypocrisy."
Reference: Sahih Muslim, Book of Leadership, Chapter on the condemnation of one who dies without having fought or thought about fighting, Hadith:1910.
Definition of Jihad (Linguistic and Terminological)
The literal meaning of jihad is "to strive and struggle." In the terminology of Islam, it means "to make efforts and exert oneself so that the word and religion of Allah Almighty are elevated," until there is a thorough combat with its enemies, namely the disbelievers, until their fitnah and power are eradicated.
Allama Ibn Qayyim رحمه الله states:
"The essence of jihad is an individual obligation, whether it is with the heart, the tongue, wealth, or the hand; therefore, it is obligatory for every Muslim to adopt and implement one of these forms of jihad."
Reference: Zad al-Ma'ad:3/72.
The Application of Jihad and Its Forms
Jihad also applies to the struggle against the self, the devil, disbelievers, and the wicked. Thus:
① Jihad Against the Self
✔ Learning the matters of religion, then acting upon them, and teaching them to others.
② Jihad Against the Devil
✔ Eliminating the whispers and doubts created by the devil, and protecting oneself from the temptations and desires adorned by him.
③ Jihad Against Disbelievers
✔ One should use their hands, tongue, and wealth against them, and harbor hatred in the heart.
④ Jihad Against Fasiq (Sinners)
✔ It should be done with the hand or the tongue, and then there should be hatred in the heart against their sins.
In short, as much strength as one possesses, efforts should be made against them accordingly.
The Ruling of Jihad: Fard Kifayah
Jihad is Fard Kifayah. If there are enough people to fulfill its obligation, then it is no longer obligatory on others, but it remains a Sunnah for them.
The Virtue of Jihad Fi Sabilillah
Jihad Fi Sabilillah is the most virtuous form of voluntary action, and it holds great merit. Many texts regarding the ruling of jihad and encouragement for it have been revealed in the Book and Sunnah. Allah, the Exalted, has stated:
﴿إِنَّ اللَّهَ اشتَرىٰ مِنَ المُؤمِنينَ أَنفُسَهُم وَأَموٰلَهُم بِأَنَّ لَهُمُ الجَنَّةَ يُقـٰتِلونَ فى سَبيلِ اللَّهِ فَيَقتُلونَ وَيُقتَلونَ وَعدًا عَلَيهِ حَقًّا فِى التَّورىٰةِ وَالإِنجيلِ وَالقُرءانِ وَمَن أَوفىٰ بِعَهدِهِ مِنَ اللَّهِ فَاستَبشِروا بِبَيعِكُمُ الَّذى بايَعتُم بِهِ وَذٰلِكَ هُوَ الفَوزُ العَظيمُ ﴿١١١﴾... سورةالتوبة
"Indeed, Allah, the Exalted, has purchased from the believers their lives and their properties in exchange for Paradise. They fight in the cause of Allah, killing and being killed; it is a true promise in the Torah, the Gospel, and the Qur'an. And who is truer to his covenant than Allah? So rejoice in your transaction which you have contracted, and that is the great success."
Reference: At-Tawbah: 9/111.
The Circumstances in Which Jihad Becomes Obligatory
At this point, a few circumstances are mentioned in which engaging in jihad becomes obligatory:
① When a person is present in battle, fighting against the enemies of Islam becomes obligatory; thus, at this time, retreating from fighting in the cause of Allah is not permissible.
② When the enemy's army lays siege to a city.
In both cases, this will be a defensive jihad, not an offensive one. If Muslims withdraw from jihad at that time, the disbelievers will overpower the Muslims and seize their honor and sacred places.
③ When the Imam or Caliph of the Muslims declares jihad and calls upon the people to participate, then jihad becomes an obligatory duty.
The Messenger of Allah ﷺ said:
"وإذا استنفرتم فانفروا"
"When you are called to go out, then go out (for jihad)."
Reference: Sahih al-Bukhari, Al-Jihad wa al-Siyar, Chapter on the Virtue of Jihad and Al-Siyar, Hadith 2783.
And Allah, the Exalted, says:
﴿إِذا لَقيتُم فِئَةً فَاثبُتوا... ﴿٤٥﴾... سورة الانفال
"O you who have believed! When you encounter a disbelieving army, remain steadfast."
Reference: Al-Anfal 8:45.
Furthermore, the Exalted One says:
﴿ما لَكُم إِذا قيلَ لَكُمُ انفِروا فى سَبيلِ اللَّهِ اثّاقَلتُم إِلَى الأَرضِ...﴿٣٨﴾... سورة التوبة
"O you who have believed! What is [the matter] with you that when you are asked to go forth in the cause of Allah, you adhere heavily to the earth?"
Reference: At-Tawbah 9:38.
Sheikh al-Islam Ibn Taymiyyah رحمه الله states:
"Jihad is carried out with the hand, and in some cases, it is also conducted through inviting to Allah and establishing arguments, along with organizing defensive policies and establishing defensive industries. Therefore, it is obligatory to participate in these matters to the fullest extent possible. Those who are unable to go to the battlefield should take care of the homes and families of the Mujahideen who are going to the battlefield."
Reference: Al-Fatawa al-Kubra by Ibn Taymiyyah رحمه الله, Al-Ikhtiyarat al-‘Ilmiyyah: 5/538.
Responsibilities of the Caliph/Imam and the Organization of the Army
It is the duty of the Caliph and Imam of the Muslims that when he sends an army for Jihad fi Sabilillah, he should thoroughly review and inspect the entire army:
◈ Those men or animals that are not capable of fighting should be restrained.
◈ Anyone who may cause an obstacle in the process of jihad should also be restrained.
◈ Those who weaken the morale and spirit of the mujahideen by spreading false rumors should not be included in the army.
◈ Those who spy for the enemy and create discord among the mujahideen should not be allowed to join the army.
The Khalifah of the Muslims should appoint a leader of the Islamic army who conducts all their affairs according to Shari'ah and is skilled in matters of war.
Obedience to the Leader and Sincerity
The mujahideen participating in the army should obey their leader in every good matter, be sincere towards him, and remain steadfast and patient with him. As Allah, the Exalted, has stated:
﴿يـٰأَيُّهَا الَّذينَ ءامَنوا أَطيعُوا اللَّهَ وَأَطيعُوا الرَّسولَ وَأُولِى الأَمرِ مِنكُم...﴿٥٩﴾... سورة النساء
"O you who have believed, obey Allah and obey the Messenger and those in authority among you."
Reference: An-Nisa 4/59.
The Higher Objectives of the Legitimacy of Jihad
It is clear that jihad has been legislated for the attainment of lofty goals and higher objectives, which are as follows:
① Bringing to Tawhid and Delivering from Shirk
Jihad has been legislated to save the servants of Allah from the worship of tyrants and idols, and to engage them in the worship of Allah, the One without partner, who created them and provides for them. Allah, the Exalted, says:
﴿وَقـٰتِلوهُم حَتّىٰ لا تَكونَ فِتنَةٌ وَيَكونَ الدّينُ كُلُّهُ لِلَّهِ...﴿٣٩﴾... سورةالانفال
"And fight them until there is no fitnah (shirk) and the religion is all for Allah."
Reference: Al-Anfal: 8/38.
② Ending Oppression and Delivering Rights to the People of Rights
Allah, the Exalted, says:
﴿أُذِنَ لِلَّذينَ يُقـٰتَلونَ بِأَنَّهُم ظُلِموا وَإِنَّ اللَّهَ عَلىٰ نَصرِهِم لَقَديرٌ ﴿٣٩﴾ الَّذينَ أُخرِجوا مِن دِيـٰرِهِم بِغَيرِ حَقٍّ إِلّا أَن يَقولوا رَبُّنَا اللَّهُ ...﴿٤٠﴾... سورة الحج
"Permission to fight is given to those who are fought because they have been wronged, and indeed Allah is capable of granting them victory. They were unjustly expelled from their homes only because they said, 'Our Lord is Allah.'"
Reference: Al-Hajj 22:39-40.
③ Humbling the Disbelievers and Breaking Their Power
One of the objectives of jihad is to subdue and humble the disbelievers, to take revenge for the oppression they have inflicted, and to weaken their strength and power. Allah, the Exalted, states:
﴿قـٰتِلوهُم يُعَذِّبهُمُ اللَّهُ بِأَيديكُم وَيُخزِهِم وَيَنصُركُم عَلَيهِم وَيَشفِ صُدورَ قَومٍ مُؤمِنينَ ﴿١٤﴾ وَيُذهِب غَيظَ قُلوبِهِم وَيَتوبُ اللَّهُ عَلىٰ مَن يَشاءُ وَاللَّهُ عَليمٌ حَكيمٌ ﴿١٥﴾... سورةالتوبة
"Fight against them (vigorously); Allah will punish them at your hands and disgrace them. He will grant you victory over them and bring tranquility (coolness) to the hearts of the believers. And He will remove the fury from their hearts. And Allah directs His attention to whom He wills, and Allah is All-Knowing, All-Wise."
Reference: Surah At-Tawbah: 9/14-15.
④ Invitation to Islam Before Combat
The disbelievers should first be invited to accept the religion of Islam; if they do not accept, then war and combat will ensue, just as رسول اللہ ﷺ would invite the disbelievers to accept Islam before engaging in combat. The correspondence with kings was also for this purpose.
Reference: Sahih al-Bukhari, Jihad and Siyar, Chapter on the Prophet's ﷺ Invitation to Islam and Prophethood, Hadith 2941.
When you ﷺ would send an Islamic army, you would advise them to "invite the disbelievers to Islam before starting the fight; if they accept, that is good, otherwise, engage in war with them."
Reference: Sahih al-Bukhari, Jihad and Siyar, Chapter on the Prophet's ﷺ Invitation to Islam and Prophethood, Hadith 2942.
The reason for this is that the purpose of war in Islam is to eliminate disbelief and polytheism and to bring people into the religion of Allah تعالى. If this objective can be achieved without fighting, then there is no need for war.
Detailed issues and rulings of jihad are found in the major books of Hadith and Fiqh.
Participation in Voluntary Jihad Without Parental Consent
When both parents of a person, or one of them, are Muslim and free, he should not participate in voluntary jihad without their permission, as mentioned in the hadith: A person asked the Messenger of Allah ﷺ for permission to go for jihad, and he ﷺ asked:
"أحَيٌّ وَالِداكَ؟ قَالَ: نَعَمْ، قَالَ: فَفيهِمَا فَجَاهِدْ"
"Are your parents alive?" He said: Yes! Then he ﷺ said to him: "Then perform jihad in the service of your parents."
Reference: Sahih al-Bukhari, Jihad, Chapter on Jihad, Permission of Parents, Hadith 3004.
The reason for this is that being good to one's parents is an obligatory duty, while jihad is a communal obligation, and it is evident that an individual obligation takes precedence over a communal obligation.
The Rulings on Reviewing the Army and the Spreaders of Rumors
The leader of the Muslims should assess the army when dispatching it, and separate those soldiers or animals (such as horses) that are not fit for battle, like weak soldiers or horses that lag behind. Similarly, those who spread rumors should also be separated, as these things discourage the army from fighting and diminish their morale.
Likewise, such individuals instill fear and panic among the soldiers and spread unfounded news, which leads to despondency within the army.
The Commander of the Faithful should appoint various officers for the Islamic army and reward a portion of the spoils of war to those who perform distinguished services in jihad, while distributing the remaining wealth and goods among all the mujahideen in the army.
Emphasis on Obedience to the Amir
The Islamic army should obey their Amir in good deeds, show goodwill towards him, and demonstrate steadfastness with him. Allah, the Exalted, has stated:
﴿يـٰأَيُّهَا الَّذينَ ءامَنوا أَطيعُوا اللَّهَ وَأَطيعُوا الرَّسولَ وَأُولِى الأَمرِ مِنكُم...﴿٥٩﴾... سورة النساء
"O you who have believed, obey Allah and obey the Messenger and those in authority among you."
Reference: An-Nisa: 4/59.
Whom Should Not Be Killed in War
It is the responsibility of the Islamic army not to kill any of the following individuals:
◈ Children
◈ Women
◈ Monks
◈ The extremely elderly
◈ The chronically ill
◈ The blind
who cannot provide opinions and advice regarding matters of war.
However, they may be taken as captives and made slaves or concubines, as the Messenger of Allah ﷺ would take women and children as captives and make them concubines and slaves.
The Reality of Spoils of War and Its Entitlement
Spoils of war are the wealth obtained as a result of victory over warring disbelievers or received from them as ransom.
The right to this wealth belongs to the person who joined the Islamic army with the intention of fighting and went to the battlefield, whether he actually fought or not; because his presence in the battlefield is for the support of the Mujahideen and he is also prepared for battle, thus he will be considered among those who are fighting.
Sayyidina Umar ibn al-Khattab رضي الله عنه said:
"The rightful claimant of the spoils of war is everyone who was present in the battlefield."
Method of Distribution of Spoils of War
The method of distributing the spoils of war is that the commander of the army separates one-fifth of this wealth, which will be for Allah تعالى, His Messenger ﷺ, the relatives of the Messenger, orphans, the poor, the needy, and travelers. The remaining four-fifths will be distributed among the fighting Mujahideen:
◈ One share for the foot soldiers
◈ Three shares for the cavalry soldiers
Of which:
✔ One share for the Mujahid
✔ And two shares for his horse
Each Mujahid will receive an equal share.
"The Messenger of Allah ﷺ distributed the spoils of war in this manner on the day of Khaybar."
Reference: Sahih al-Bukhari, Book of Ghazwah, Hadith 4228. And Sahih Muslim, Jihad, Chapter on the Distribution of Spoils among the Present, Hadith 1762.
The Ruling on Betrayal (Ghulul) in Spoils
It is forbidden to conceal any part of the spoils of war without the permission of the commander of the army, and likewise without the permission of his deputy. Allah, the Exalted, has stated:
﴿وَما كانَ لِنَبِىٍّ أَن يَغُلَّ وَمَن يَغلُل يَأتِ بِما غَلَّ يَومَ القِيـٰمَةِ ...﴿١٦١﴾... سورةآل عمران
"It is possible that a prophet may betray, and whoever betrays will come on the Day of Resurrection with what he has betrayed."
Reference: Aal Imran: 13-16.
If someone has concealed something and later the commander of the army becomes aware of it, he may punish that person with a deterrent punishment at his discretion.
The Authority over Spoils in the Form of Land
If the spoils are in the form of land, the Amir al-Mu'minin has the authority to:
◈ Distribute it among the Mujahideen, or
◈ Endow it for the benefit and welfare of all Muslims,
and from those who are given access and use of it, he may collect a fixed and regular tax.
The Ruling on Fay
When the disbelievers flee, leaving their wealth behind due to fear of Muslims (without fighting), or when there is an inheritance of an orphaned person, or it is the fifth portion of the spoils of war (which belongs to Allah and His Messenger), then this wealth is considered to be under the ruling of fay. It will be spent on the interests and benefits of Muslims and for public welfare projects.
The Treaty of Peace and Its Conditions
The Commander of the Faithful has the authority to enter into a treaty with the disbelievers for a specified period of time not to engage in war, provided that it serves the benefit and betterment of Muslims. However, this is only applicable when Muslims are weak in comparison to the disbelievers.
If Muslims are strong and capable of jihad, then making peace with them is not permissible.
The Messenger of Allah ﷺ made a peace treaty with the disbelievers at the place of Hudaybiyyah, and similarly, he made a treaty with the Jews in Medina for a certain period.
Reference: This issue is a matter of consideration
Announcement of Disavowal in Case of Fear of Breaking the Treaty
If the Commander of the Faithful feels a threat from the disbelievers regarding the breach of a peace treaty, he should announce the termination of the treaty before waging war against them. Allah, the Exalted, says:
﴿وَإِمّا تَخافَنَّ مِن قَومٍ خِيانَةً فَانبِذ إِلَيهِم عَلىٰ سَواءٍ إِنَّ اللَّهَ لا يُحِبُّ الخائِنينَ ﴿٥٨﴾... سورة الانفال
"And if you fear treachery from a people, throw back to them their covenant with equality. Indeed, Allah does not like traitors."
Reference: Al-Anfal: 8/58.
Issues of Dhimmi Status and Jizyah
It is permissible for the Commander of the Faithful to take covenants from the People of the Book and the Magians, etc., to make them dhimmis, meaning they will reside in the Islamic state (upon their religion) with the condition that:
◈ They will pay jizyah
◈ They will observe the laws of Islam
◈ They will not be harmed
The command of Allah, the Exalted, is:
﴿ قـٰتِلُوا الَّذينَ لا يُؤمِنونَ بِاللَّهِ وَلا بِاليَومِ الءاخِرِ وَلا يُحَرِّمونَ ما حَرَّمَ اللَّهُ وَرَسولُهُ وَلا يَدينونَ دينَ الحَقِّ مِنَ الَّذينَ أوتُوا الكِتـٰبَ حَتّىٰ يُعطُوا الجِزيَةَ عَن يَدٍ وَهُم صـٰغِرونَ ﴿٢٩﴾... سورةالتوبة
"Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture—until they give the jizyah willingly while they are humbled."
Reference: At-Tawbah: 9/29.
It is clear that Jizyah is the wealth collected annually from non-Muslims in exchange for not killing them and allowing them to reside in the Muslim land, in a state of humiliation.
Jizyah should not be collected from the following individuals:
◈ Children
◈ Women
◈ The insane
◈ Permanently ill
◈ The blind
◈ The extremely elderly
◈ The disabled
◈ The poor and needy
After the agreement, when the Dhimmi pays the Jizyah, it is necessary to accept it, and fighting them is forbidden. If they are harmed or troubled, it is the duty of the Islamic government to defend them, because Allah Almighty has stated:
﴿حَتّىٰ يُعطُوا الجِزيَةَ عَن يَدٍ وَهُم صـٰغِرونَ ﴿٢٩﴾... سورة التوبة
"Until they pay the Jizyah with willing submission and feel themselves subdued."
Reference: Surah At-Tawbah: 9/29.
This means that if the non-Muslims (Dhimmi) pay the Jizyah, they should not be fought against.
And the Messenger of Allah ﷺ said:
"فَسَلْهُمْ إِعْطَاءَ الْجِزْيَةِ ، فَإِنْ أَجَابُوا فَاقْبَلْ مِنْهُمْ ، وَكُفَّ عَنْهُمْ"
"Request Jizyah from the non-Muslims. If they pay it, then accept it from them and do not fight them."
Reference: Sahih Muslim, Book of Jihad, Chapter on the Authority of the Imam over the Leaders of the Expeditions, Hadith 1731 and Musnad Ahmad 5/358.
The Ruling on Granting Security/Shelter to Non-Muslims
A Muslim can grant refuge to a non-Muslim, provided that it does not harm the Muslims. Allah, the Exalted, has stated:
﴿وَإِن أَحَدٌ مِنَ المُشرِكينَ استَجارَكَ فَأَجِرهُ حَتّىٰ يَسمَعَ كَلـٰمَ اللَّهِ ثُمَّ أَبلِغهُ مَأمَنَهُ ... ﴿٦﴾... سورة التوبة
"If any of the polytheists asks you for protection, grant him protection so that he may hear the words of Allah, and then escort him to his place of safety."
Reference: Surah At-Tawbah: 9:6.
The leader of the Muslims can also grant security to all or some of the polytheists, as his authority is broad, which is not available to anyone among the subjects without his permission. It is also permissible for a regional or provincial leader to grant political security to the non-Muslims residing in his area.
Conclusion
With the special help and guidance of Allah, the first volume has been completed. Now, by His grace and mercy, the second volume will begin, starting with "The Issues of Sale," insha'Allah.
ھذا ما عندی والله اعلم بالصواب
