An important treatise by Abdullah Azzam (1941-1989), in which the author explains the necessity and requirements of jihad. Chapter 4 answers various objections. Based on the historical context of the war against the Soviet occupation in Afghanistan, it offers an argumented defence of jihadism.
DEFENCE OF THE MUSLIM LANDS
The First Obligation After Iman
by Sheikh Abdullah Azzam (Shaheed)
Table of Contents
Biography of Sheikh Abdullah Azzam (Shaheed).
Introduction
Chapter 1
Defence of the Muslim Lands.
The First Obligation After Iman.
Jihad Against the Kuffar is of Two Types.
Opinions of the Mathhabs.
Evidence for the General March and its Justification.
Chapter 2
The Ruling of Fighting in Palestine and Afghanistan.
Jihad in Afghanistan.
Chapter 3
Fard Ayn and Fard Kifaya
Permission from Parents, Husband and Creditor . An Example ofFard Ayn and Fard Kifaya.
Permission from the Sheikh and Tutor.
Jihad with One’s Wealth.
Summary.
Chapter 4
Important Questions.
Can we fulfil this Fatwa?
About Permission.
First Question: How can we apply the General March practically in our time?
Second Question: Can we fight Jihad while we haven’t an Amir?
Third Question: Can we fight in Afghanistan while the leaders are separated?
Fourth Question: Does one fight alone if the rest stay behind?
Fifth Question: Do we fight alongside Muslims that are below acceptable levels of Islamic education?
Sixth Question: Can we seek help from the Mushrikun if we are weak?
The Revelation of the Order to Fight.
Conditions for Making Peace Treaties with Kuffar .
Final Word.
Letters of Acknowledgement.
Translators Note and Hadith References.
Biography of Sheikh Abdullah Azzam (Shaheed)
Abdullah Yusuf Azzam was born in a village in the North of Palestine named Selat AI Harithia in Genine District in the year 1941. His father’s name was Mustafa Azzam who died a year after his son was assassinated. His mother was Zakia Saleh who died one year before the Sheikh was killed. She was buried in Pabi camp.
The Azzam family is a well-known family, one of its members being Sheikh Abdullah Azzam, distinguished as a child, who started making Da’wah at an early age. He was already showing signs of excellence and was recognised by his teachers while he was in elementary school. His peers knew him as a pious child. Since he was a small boy he was known for his determination and serious dispositions. Before he had even come of age, he joined the Muslim Brotherhood.
Sheikh Abdullah Azzam received his early elementary and secondary school education in his village, and continued his education at the agricultural Khadorri College where he obtained a Diploma. Although he was the youngest amongst his colleagues, he was the brigbtest and most astute. After he graduated from Khadorri College, he worked as a teacher in a village named Adder in the South of Jordan. Later he joined Shariah College in Damascus University where he obtained a B.A. Degree in Shariah in 1966. After the Jews captured the West Bank in 1967, Sheikh Abdullah Azzam decided to migrate to Jordan, because he could not live under the Jewish occupation of Palestine. The sacrilege of the Israeli tanks rolling into the West Bank without any resistance made him more determined to migrate, to learn the skills necessary to fight.
In the late 1960’s he joined the Jihad against the Israeli occupation of Palestine from Jordan. During that time he received a Masters Degree in Shariah from the University of AI Azhar. In 1970 when the Jihad came to a halt, and the PLO was forced out of Jordan, he assumed a teaching position in the Jordanian University in Amman. In 1971 he was awarded a scholarship to the AI Azhar University in Cairo at which he obtained a Ph.D. Degree in Ussul al Fiqh in 1973. During his stay in Egypt he came to know the family of Saeed Qutb.
In 1979, when he was expelled from the University, he moved to Pakistan to be close to the Afghan Jihad. There, he became acquainted with the Leaders of the Jihad in Afghanistan. During the early period of his stay in Pakistan, he worked as a teacher in the International Islamic University in Islamabad. Eventually, it was necessary for him to resign his position in order to devote his full time and energy to the Jihad in Afghanistan.
Abdullah Azzam was greatly influenced by the Jihad in Afghanistan and the Jihad was greatly influenced by him. To it he concentrated his full effort, that he ultimately became the most prominent figure in the Afghani Jihad, aside from the Afghan leaders. He spared no effort to promote the Afghan cause to the whole world, especially throughout the Muslim Ummah… He changed the minds ofMuslims about Jihad in Afghanistan and presented the Jihad as it was; an Islamic cause which concerns all Muslims around the world. Due to his efforts, the Afghani Jihad became well known, in which Muslims from every part of the world came to fight.
Jihad in Afghanistan had made Abdullah Azzam the main pillar of the Jihad movement in modern times. His practical efforts in this Jihad and by his personal achievement in its promotion he had managed to alienate the misconceptions which had been planted in the path of Jihad and as such became an example to follow for the next generation that responded to the call of Jihad.
Once he remarked, “I feel that I am nine years old, seven and a half years in the Afghan Jihad, one and a half years in Jihad in Palestine and the rest of the years have no value.” On Friday the 24th of November 1989 in Peshawar, Pakistan, he was assassinated along with his two sons Mohammed and Ibrahim, by 20kg of TNT activated by remote control while he was driving to Friday (Jumma) prayer. His car was blown apart into fragments in the middle of a busy street. The blast was so intensive that fragments from the bodies of his sons were found upto a hundred meters from the carnage. One of his son’s legs was also found suspended from an overhead telephone line. Nevertheless, Allah be glorified, the Sheikh was found perfectly intact, except for an internal haemorrhage, which caused his death. Many a people present will confirm to the smell of musk that emanated from his body.
Sheikh Abdullah Azzam and his sons were buried in Pabi Graveyard of the Shuhada, where he joined thousands of other Shuhada (martyrs). “…But those who are killed in the Way of Allah, He will never let their deeds be lost. ” (Surah Mohammed:Verse 4).
SHEIKH ABDULLAH AZZAM (SHAHEED)
English translation work done by Brothers in Ribatt.
INTRODUCTION
All praise is for Allah. We praise Allah and seek His assistance. We ask for His forgiveness and take refuge in Him from the evil within ourselves and from the evil of our deeds. He whom Allah guides will never be diverted yet whomever Allah sends astray will never find his way, and I bear witness that there is no Diety but Allah, alone, He has no partners, and I bear witness that Mohammed (saw) is His servant and messenger. O Allah, nothing is easy except for what You make easy. And You lighten distress if You wish.
I wrote this Fatwa and it was originally larger than its present size. I showed it to our great respected Sheikh Abdul Aziz Bin Bazz. I read it to him, he improved upon it and he said “it is good” and agreed with it. But, he suggested to me to shorten it and to write an introduction for it with which it should be published. But the Sheikh was busy, it being Hajj season, so he had no time to review it again .
Then the Sheikh (may Allah protect him) declared in the mosque of Ibn Ladna in Jeddah in the large mosque of Riyadh that Jihad with your person today is Fard Ayn (global obligation). Then I showed this Fatwa, without the six questions at the end, to Sheikh Abdullah al Waan, Saeed Hawa, Mohammed Najeeb al Mu’ti, Dr. Hassin Hamid Hissan and Umar Sayaf. I read it to them, they agreed with it and most of them signed it. Likewise, I read it to Sheikh Mohammed Bin Salah Bin Uthaimin and he too signed it. I also read it to Sheikh Abdur Razaq Affifi, Hasan Ayub and Dr. Ahmad al Assal.
Then I spoke on the topic in a lecture in Mina in the General Guidance Centre during the Hajj season where there were gathered more than one hundred scholars from the entire Islamic world. I said to them: ” Agreed are the Sa]af , the Pious Predecessors, all people of understanding, and the Muhaditheen that in all ages of Islam: ‘That if apiece of Muslim land the size of a hand span is infringed upon, then Jihad becomes Fard Ayn (global obligation) on every Muslim male and female, where the child shall march forward without the permission of its parents and the wife without the permission of the husband”. I decided in the presence of the Amir of the Mujahideen (Sayyaf) and by my time of three years spent in the Afghani jihad that, the jihad in Afghanistan needs men. So whosoever has an objection from you, O Ulama, then let him raise it”. And there was not one objection. On the contrary, Dr. Sheikh Idriss said ” Oh my brother! there is no difference of opinion in this matter”. So finally, I published this Fatwa. Maybe Allah will cause it to be useful in this world and the next, for all Muslims.
CHAPTER 1
Defence of the Muslim Lands
The First Obligation After Iman
“The first obligation after Iman is the repulsion of the enemy aggressor who assaults the religion and the worldly affairs”. Ibn Taymia.
All praise be to Allah, we praise Allah, 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 him and I bear witness that there is no Diety but Allah and Mohammed (saw) 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 (saw) 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.” 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)” (Surah al Bakarah:Verse 251.)
Hence, Allah the Almighty the Majestic has bestowed this judgement as a favour 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 Strong, All Mighty.” (Surah al Hajj: Verse 40).
This rule of DEFENCE 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”. Ibn Taymia says: “The amendments of the children of Adam in their religion and worldly affairs would not be complete without bravery and generosity”. And Allah has made it clear that whoever turned away from Jihad by their 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.” (Surah at Tauba: Verse 39).
The Prophet (saw) 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 sahih hadith-: “The most evil of what is in a man is niggardliness and cowardice”. Narrated by Abu Daud and it is sahih. 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 on Our Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.).” (Surah as Sajdah:Verse 24).
As the Prophet (saw) has stated in a sahib 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.” Narrated by Ahmad and Tabarani in AI Awsat and AI Baihaqi.
Unfortunately, there were generations that succeeded the early 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.” (Surah Maryam:Verse 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 market places, a corpse by night and an ass by day, knowledgeable in worldly affairs yet ignorant of the after world.”
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 as rubbish of the flood waters. Just as the Prophet (saw) 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 (saw) would that be because of our small number that day. The Prophet (saw) said, “No, but you will be rubbish like the rubbish of flood water. Allah will put Wahn into your hearts and remove the fear from the hearts of your enemies because of your love for the world and your hate of death”. In another narration it was said: “and what is the Wahn, O messenger of Allah?” He (saw) said: “love of the world and the hate for fighting.”Narrated by Ahmad with a good chain. Narrated by Abu Daud with the words “hate for death”, and it is a sahih hadith.
Jihad Against the Kuffar is of two Types
Offensive Jihad (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 terrorise the enemies of Allah. It is a duty of 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 jihad is for maintaining the payment of Jizya. The scholars of the principles of religion have also said: ” Jihad is Daw’ah with a force, and is obligatory to perform with all available capabilities, until there remains only Muslims or people who submit to Islam.”
Defensive Jihad
This is expelling the Kuffar from our land, and it is Fard Ayn, a compulsory duty upon all. It is the most important of all the compulsory duties and arises in the following conditions:
1) If the Kuffar enter a land of the Muslims.
2) If the rows meet in battle and they begin to approach each other.
3) If the Imam calls a person or a people to march forward then they must march.
4) If the Kuffar capture and imprison a group of Muslims.
The First Condition: With reference to the Kuffar entering a land of the Muslims.
In this Condition the pious predecessors, those who succeeded them, the Ulama of the four Mathhabs (Maliki, Hanafi, Shaffie and Hanbali), the Muhadditheen, and the Tafseer commentators, are agreed that in all Islamic ages, Jihad 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 ofher husband and the debtor without the permission of the creditor. And, if the Muslims of this land cannot expel the Kuffar 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 jihad, which is repelling an aggressor, is the most tasking type of jihad. 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 jihad becomes Fard Ayn upon the people ofa 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. Jihad 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 jihads some take priority.” It is furthered in a sahih hadith narrated by Ebaad Bin Asaamat that the Prophet (saw) 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 jihad. So it is clear that defensive jihad 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 Mathhabs who are all in agreement on this point.
Opinions of the Mathhabs
Hanafi Fiqh
Ibn Abidin said: ” Jihad 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 jihad, 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 jihad becomes Fard Ayn upon the whole Ummah of Islam from East to the West”.
And the following have like Fatwa: AI Kassani, lbn Najim and lbn Hammam.
Maliki Fiqh
In Hashiyat ad Dussuqi it is stated: Jihad becomes Fard Ayn upon a surprise attack by the enemy. Dussuqi said: “Wherever this happens, jihad 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 it is stated: “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 jihad; the poor, the children, the slaves, the debtor and the women.”
Hanbali Fiqh
In al Mughni by Ibn al Qadamah it is stated: ” Jihad 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, jihad 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 the narration’s reported by Ahmad are clear on this.”~ This situation is known as the General March.
Evidence for The General March and its Justification
1) Allah the Almighty the Majestic says:
“March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor), strive hard with your wealth and your lives in the cause of Allah. This is better for you if you but knew.” (Surah at Tauba:Verse 41).
In a preceding verse the arrangement of punishment and the replacement by a people who carry Islam, has been mentioned as a recompense for those who do not march forward. Allah does not punish except those who leave an obligation or perform forbidden acts.
“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 Allah is able to do all things.” (Surah at Tauba: Verse 39).
Ibn Kathir said: ” Allah the Exalted ordered that everybody march forward with the Messenger of Allah (saw), (the General March) in the expedition of Tabuk to fight the enemies of Allah, the unbelieving Romans of the People of the Book”. Bukhari has written a chapter in Sahih Bukhari (entitled: The Chapter On The Obligation of Marching Forward and What is Required from Jihad and Intention for It) and quoted this verse. It was a general call because it became known to the Muslims that the Romans were gathering on the borders of the Arabian Peninsula and were preparing to invade Medina. So what is the situation when the Kuffar enter a Muslim country, does not the march forward become the ultimate priority? Abu Talha (ra) said about the Exalted’s words: “…light or heavy…old or young” (Surah at Tauba:Verse 41), Allah did not listen to anyone’s excuse”. And Hasan al Basri said: “in hardship and in ease.” Ibn Taymia said in Majmua al Fatawa 28/358: “If the enemy intends an attack upon the Muslims, then repelling him becomes obligatory upon the population under attack as well as the population not under attack. The Exalted has said:
“…But if they seek your help in religion, it is your duty to help them…” (Surah al Anfal:Verse 72).
As well, the Prophet (saw) ordered the assisting of a Muslim in need. Whether or not one is a salaried soldier, and no matter what his capabilities, it is an obligation upon everybody with their persons and wealth, little or much, riding or on foot. As it was when the enemy attacked Medina in the Battle of the Trench, Allah allowed no one to be exempted.”
Az Zuhri said: “Saeed Bin al Mussayb went on a military expedition and he lost one of his eyes. It was said to him: “you are injured”. He replied, ” Allah has ordered the light and heavy to march forward, therefore if it is not possible for me to fight, I will make your numbers seem greater by my presence and I can watch over your things.”
2) Allah the Almighty and Majestic says:
“…and fight the Mushrikun (polytheists, pagans, idolaters, disbelievers, in the Oneness of Allah) collectively, as they fight against you collectively. But know that Allah is with those who are AI Muttaqun.” (Surah at Tauba: Verse 36). Ibn Arabi said: “collectively means besieging them from every side and in all possible circumstances.”
3) Allah the Almighty and Majestic says:
“And fight them until there is no more Fitnah (disbelief and polytheism: i. e. worshipping others beside Allah) and the religion (worship) will all be for Allah alone (in the whole world)… ” (Surah al Anfal:Verse 39).
The Fitnah means Shirk as Ibn Abbas and As Siddi said: “When the Kuffar attack and control a country, the Ummah is endangered in its religion and it becomes susceptible to doubt in its belief. Fighting then becomes an obligation to protect the religion, lives, ‘Ard and wealth.”
4) Mohammed (saw) has said: “There is no Hijr after the Opening (of Mecca) but there is Jihad and the intention for it. So if you are called to march forth then march forth”. Reported by Bukhari. It is an obligation to march forth if the Ummah is called to do so, and in the situation of an enemy attack. The Ummah is called to march forward to protect its religion. The extent of the obligation is related to the need of the Muslims or demand of the Imam. As Ibn Hajr has clarified in the explanation of this hadith.
Al Qurtubi said: “Anyone who is aware of the weakness of the Muslims in the face of their enemy, knows that he can reach them and can assist them, it is also upon him to march forward.”
5) Every religion which Allah has revealed safeguards five essential aspects: the religion, life, ‘Ard, the mind and property. Consequently, there must be measures to safeguard these five by any means. So, Islam orders repelling the aggressor. The aggressor is one who imposes himself with violence upon others, seeking their life, their wealth or their’ ‘Ard.
(i) The aggressor against ‘Ard.
Even if a Muslim displays aggression against ‘Ard, it is obligatory to defend it from him by the agreement of the Ulama even if this leads to killing him.
Accordingly, the Ulama have stated that it is not permitted for a Muslim woman to surrender or allow herself to be captured even if she is killed, if she fears for her ‘Ard.
(ii) Repulsion of the aggressor who attacks property and life is obligatory as agreed upon by majority of the Ulama, and corresponds to the consensus of the Maliki and Shaffie Mathhabs. Even if this leads to killing a Muslim aggressor. In a sahih hadith: “Whoever is killed protecting his wealth, he is a martyr. Whoever is killed protecting his blood, he is a martyr. Whoever is killed protecting his family, he is a martyr”. Hadith sahih narrated by Ahmad, Abu Daud, Tirmidhi and Nisa’i. AI Jassas after coming to knowledge of this hadith, said: “We know of no difference of opinion, that if a man bears his sword to another man to kill him unjustly, that it is upon the Muslims to kill this aggressor.”- In this situation if the aggressor is killed he will be in the Hellfire, even if he was a Muslim. Whereas, if the defender is killed he will be a martyr. This is the ruling for a Muslim aggressor, so how will it be if the Kuffar invade a Muslim land, where they would oppress and assail the religion, ‘Ard, lives and property to the point of disappearance. Is it not the foremost obligation upon the Muslims in this situation to repel this disbelieving aggressor, whether he be alone or a whole nation!?
6) If the Kuffar use Muslim captives as human shields in front of them in an advance to occupy a Muslim land, it remains an obligation to fight the Kuffar even if this leads to the killing of the Muslim captives.
Ibn Taymia said in Majmua al Fatawa 28/537: “If with the Kuffar there are pious people from the best of mankind and it is not possible to fight these Kuffar except by killing them, then they are to be killed as well. The leading scholars are in accord that if the Kuffar use Muslim captives as human shields, and there is fear for the rest of the Muslims if they are not fought, then it is permitted to shoot them aiming the Kuffar. One of the sayings of the scholars is that, even if we do not fear for the Muslims in general, it is permissible to shoot the Muslim captives”. And on pg. 45 he said: “The sunnah and Ijmq agree that if the aggression of a Muslim aggressor cannot be stopped except by killing him, then he must be killed, even if the transgression is over a fraction of a dinar. Because, in a sahih hadith: “whoever is killed protecting his wealth, he is a martyr” .
And this is because the protection of the remaining Muslims from Fitnah and Shirk, and the protection of the religion, ‘Ard and wealth are more of a priority than a small number of Muslim captives in the hands of the Kuffar.
7) The fighting of the renegade Muslim group. Allah the Exalted has said:
“And if two parties or groups among the believers fall into fighting, then make peace between both, but if one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the command of Allah; then if it complies, then make reconciliation between them justly, and be equitable. Verily! Allah loves those who are equitable.” (Surah al Hujurat:Verse 9).
If Allah had made it an obligation to fight the renegade Muslim group, to unify the Muslims and protect their religion, ‘Ard and wealth, then, what will the ruling be for fighting the aggressing Kaffir nation? Does it not take priority?
8) The ruling for the one who wages war. The Almighty the Majestic says:
“The recompense of those who wage war against Allah and His messenger and do mischief in the land is only that they shall be killed or crucified or their hands and feet be cut off from the opposite sides, or exiled from the land. That is their disgrace in this world; and a great torment is theirs in the hereafter.” (Surah al Maidah:Verse 33).
This is the ruling applied on the one who wages war from among the Muslims. He spreads distress and corruption in the land and he infringes upon wealth and ‘Ard. This is the ruling which the Messenger of Allah (saw) carried out upon the sick Bedouins who turned apostate as has been reported in the sahihs. What should be the treatment of the Kaffir nation that brings calamity upon the people, their religion, their wealth and their ‘Ard? Is not the fIrst obligation upon the Muslims to fight them? These are some of the evidences and reasons that corroborate the ruling on the General March when the Kuffar enter a Muslim land.
Verily , the repelling of the Kaffir enemy is the most important obligation after Iman, as said Ibn Taymia: “The fIrst obligation after Iman is the repulsion of the enemy aggressor who assaults the religion and the worldly affairs”.
“And what is wrong with you that you fight not in the Cause of Allah, 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.” (Surah an Nisa:Verse 75).
CHAPTER 2
The Ruling of Fighting in Palestine and Afghanistan
It has been made clear in the previous chapter that if the Kuffar infringe upon a hand span of Muslim land, jihad becomes Fard Ayn for its people and for those near by. If they fail to repel the Kuffar due to lack of resources or due to indolence, then the Fara’id of jihad spreads to those behind, and carries on spreading in this process, until the jihad is Fard Ayn upon the whole earth from the East to the West.
In this condition, no permission is required from, the husband for the wife, the parent for the child, the creditor for the debtor.
1) The sin is suspended on the necks of all the Muslims as long as any hand span of land that was Islamic is in the hands of the Kuffar.
2) The sin is measured according to one’s authority or capabilities. The sin for the Ulama, Leaders, and Da’i, who are well known in their communities, is greater than for the ordinary civilian.
3) The sin upon this present generation, for not advancing towards Afghanistan, Palestine, the Philippines, Kashmir, Lebanon, Chad, Eritria, etc, is greater than the sin inherited from the loss of the lands which have previously fallen into the possession of the Kuffar. We have to concentrate our efforts on Afghanistan and Palestine now, because they have become our foremost problems. Moreover, our occupying enemies are very deceptive and execute programs to extend their power in these regions. If we were to resolve this dilemma we would resolve a great deal of complications. Their protection is the protection for the whole area.
Jihad in Afghanistan
Whoever can, from among the Arabs, fight jihad in Palestine, then he must start there. And, if he is not capable, then he must set out for Afghanistan. For the rest of the Muslims, I believe they should start their jihad in Afghanistan. It is our opinion that we should begin with Afghanistan before Palestine, not because Afghanistan is more important than Palestine, not at all, Palestine is the foremost Islamic problem. It is the heart of the Islamic world, and it is a blessed land but, there are some reasons which make Afghanistan the starting point.
1) The battles in Afghanistan are still raging and have reached a level of intensity, the like of which have not been witnessed in the mountain ranges of Hindu Kush, nor in recent Islamic history .
2) The Islamic flag being raised in Afghanistan is clear: and the aim is clear, “to make Allah’s words uppermost”. The second article in the constitution of Itihad Islamy consisting of Afghani Mujahideen is: “The goal of this unification is to bring forth an Islamic state in Afghanistan.” And in the third article it states: “Our goal is taken from the words of the Exalted: “…the command (or the judgement) is for none but Allah… ” (Surah Yusuf:Verse 40). The rule is solely for the Lord of the Worlds.
3) The Islamists have been the first to take control of the battles in Afghanistan. Those who lead the jihad in Afghanistan are the sons of the Islamic movement, the Ulama and Hafiz of Qur’an. While, in Palestine the leadership has been appropriated by a variety of people, of them sincere Muslims, communists, nationalists and modernists Muslims. Together they have hoisted the banner of a secular state.
4) The situation in Afghanistan is still in the hands of the mujahideen. They continue to refuse help from any Kaffir country , while Palestine depends completely on the Soviet Union, who withheld their help in Palestine’s time of dire need. They were left to face their predicament by themselves in front of the world conspiracy. The situation has become a game in the hands of the great powers. Gambling with the land, the people and the ‘Ard of Palestine, pursuing them even into the Arab states, until their military power is exhausted.
5) There are more than 3000 kms of open border in Afghanistan and regions of tribes not under political influence. This forms a protective shield for mujahideen. However, in Palestine the situation is entirely different. The borders are closed, their hands are bound, the eyes of the authorities spy from all sides for anyone who attempts to infiltrate its borders to kill the Jews.
Shaffie said in Al Umm 4/177: “If there is a situation of different enemies, one is more threatening and more frightening than the others, the Imam engages the more frightening and threatening. This is acceptable, even if his home is further away.” The reason being, Insha Allah, in this manner you prove that you are not afraid, and make an example for the others. This decision is because of necessity, being that what is permitted in times of necessity is not permitted in other times. This happened in the time of the Messenger of Allah (saw) when he heard that Harith Abi Dirar was gathering his forces to fight him. He (saw) attacked him, though there was an enemy closer to him. Also, when he was informed that Khalid Bin Abi Sufian Ibn Shuh had gathered a force, he sent Ibn Annis who killed him, thus engaging him though there were closer enemies.
6) The people of Afghanistan are renowned for their strength and pride. It seems as if the Glorified and Exalted prepared the mountains and the land there especially for jihad.
“Had it been a near gain (booty in front of them) and an easy journey, they would have followed you, but the distance (Tabuk expedition) was long for them, and they would swear by Allah, “If we only could; we would certainly have come forth with you. II They destroy their own selves, and Allah knows that they are liars.” (Surah at Tauba:Verse 42).
CHAPTER 3
Fard Ayn and Fard Kifaya
Fard Ayn
It is the Fard that is a compulsory duty on every single Muslim to perform like praying and 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 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 defmed 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 jihad ruling, and they consider it is Fard Kifaya, that means it is obligatory upon everyone, but is absolved when some perform it. According to this opinion, the Fard of jihad in Afghanistan is, Fard Kifaya. Rather, it is obligatory upon all Muslims on the earth until the completion of this Fard, which is the expulsion of the Russians and communists from Afghanistan. The sin is suspended on the necks of all the people until the expulsion of all the communists is complete. Because the Fard, or obligation, in the condition of an attack by the Kuffar is: the expulsion of the Kuffar from the Muslim land.
Some people from far away say, “jihad in Afghanistan needs money and not men”. This talk is bare of truth, because the interval of approximately six years of Russian aggression against Afghanistan, the migration of 5 million to the outside, and 7 million refugees inside, scattered in mountains and in the wilderness, is enough to answer this claim.
As Sayyaf said: “Fourteen countries, the fIrst of them the Soviet Union, followed by the Warsaw Pact and the international communists, are unified in their attack against us. While the Muslims in the Muslim world are still arguing: ‘Is jihad in Afghanistan Fard Ayn of Fard Kifaya?’ So let the Muslims wait until the last man becomes Shaheed, then they will believe that jihad is Fard Ayn, while it is known that up to now there have already been nearly one and a half million Shuhada.”
The Afghani people say: “The presence of one Arab among us is more loved by us than one million dollars.”
The scholar Sayyaf said in a call to the Ulama and Da’i in Jihad Magazine, ninth issue. We quote:
All praise be to Allah and may peace and blessings be upon the Messenger of Allah, upon his family, companions and whoever is guided by his guidance. And what follows:
You are aware that jihad in Afghanistan, began and still continues to raise the words of Allah, and to establish a state founded on the Qur’an. To realise this objective we need mujahideen who properly understand Islam and who can safeguard the principles of true Islamic jihad, therefore we need Da’i and Ulama, to continually teach and instruct. You should know that there have already been many tutors and scholars martyred in the fields of jihad in Afghanistan. That is why we are in a great need of men who are capable of teaching, tutoring and directing in mujahideen schools, training camps, refugee camps and battle fronts until Allah the Exalted helps us to bring about our expected aims. We need scholars and tutors more than any other professionals or specialists. May Allah assist us and you in serving Islam and the Muslims.
Your Brother
Abdur Rabbir Rassool Sayyaf
Baktiya Jaji,
3rd Shawwal140S A.H.
Permission From Parents. Husband and Creditor
The need for permission is related to the status of the enemy:
1) If the enemy is inside his country, he is not gathering around borders, there is no effect on the Muslim country, and borders are full of soldiers, then jihad in such a situation is only Fard Kifaya, and pennission is required. This is because obedience to parents and husband is Fard Ayn and jihad in this instance is Fard Kifaya. Fard Ayn is advanced over Fard Kifaya.
2) If the enemy attack a Muslim border or enter any Islamic land, then as we mentioned before, jihad becomes Fard Ayn upon the entire population of the country and all around it. In this situation pennission is not required. There is no pennission for anyone from the other, even the child goes out without the pennission of his parents, the wife without the pennission of her husband, and the debtor without the pennission ofhis creditor.
The situation of the pennission from parents and husband not being required is sustained until the enemy is expelled from the Muslim land, or when there is the accumulation of sufficient numbers to expel the enemy even if all the Muslims in the earth are assembled.
Jihad, when it is Fard Ayn, takes precedence over the obedience to parents, which is also Fard Ayn. Because, jihad is the protection of the religion, and obedience to parents, is caring for the individual. That is, jihad (with the parents grief and distress it may entail) is protection of the religion which has priority over the protection of the individual. Moreover, Jihad itself is the destruction of the mujahid’s self if he is martyred. In which case the protection of the religion is assured. While it is not certain that one’s parents would be distressed. The certain takes precedence over the uncertain.
An Example of Fard Ayn and Fard Kifaya
For instance, some people are walking along the sea shore and amongst them is a group of good swimmers. They see a child about to drown. It shouts “save me!”, and nobody moves towards him. One of the swimmers wants to move to save him but his father forbids him. Can any scholar in this day and time say that he must obey his father and let the child drown?
This is the example of Afghanistan today. She is crying out for help, her children are being slaughtered, her women are being raped, the innocent are killed and their corpses scattered, and when sincere young men want to move to save and assist them they are criticised and blamed: “how could you leave without your parents’ permission?”
Saving the drowning child is Fard on all the swimmers who witness him. Before anyone moves there is a call for all to save him. If someone moves to save him, the sin falls from the rest. But, if no one moves, all the swimmers are in sin.
No permission is required before anyone moves, even if the parents forbid the son to save the drowner, they must not be obeyed. Because, the call in the beginning for a Fard Kifaya is the same as the call for a Fard Ayn. The difference emerges only after. If some answer the call, then the sin falls from the rest. If none respond, all are in sin.
Ibn Taymia said: “If the enemy attacks, there is no room for argument. In fact DEFENCE of their onslaught on religion, lives and all things held dear is obligatory as agreed upon by all”-. The evidence for the permission from parents in Fard kifaya and the absence of permission in Fard Ayn is taken from the reconciliation of two hadith:
1) A hadith reported by Bukhari. Abdullah Ibn Amr Ibn al Aas (ra) said: ” A man came to the Prophet (saw) asking his permission for jihad. He (saw) asked, “are your parents alive?”. He answered, “yes”. He (saw) said, “in them is your jihad”.
2) Ibn Haban narrated from Abdullah Ibn Amr (ra): ” A man came to the Prophet (saw) and asked him about the best deed. He (saw) said, “the prayer”. He asked, “and what?”. He (saw) said, “jihad”. He said, “I have two parents”. The Prophet (saw) said, “I order you good by them”. The man said, “by the One who sent you with the truth I will fight jihad and leave them”. He (saw) said, “you know best”. Al Hafiz said: “It is understood that here jihad was Fard Ayn in order to reconcile the two (hadith).”
Permission From the Sheikh and Tutor
There is no narration that we know of from any of the earlier scholars or predecessors saying that the sheikh or tutor has the right to give permission to his pupil for acts of worship, whether they are Fard Kifaya or Fard Ayn. Whoever says otherwise, let him bring forward an item from the Shariah or a clear evidence. Every Muslim must set out for jihad without asking permission from his sheikh or tutor. The permission from the Lord of the Worlds takes precedence, and He has already given permission. More than that, He has obligated it.
Ibn Hubayra said: “Of the plots of the Shaytaan is to raise false gods in misinterpretations to make idols worshipped besides Allah. When the truth is made evident he suggests: “This is not the practice of our Mathhab.” Thus, remaining loyal to one he esteems and preferring him to the truth.
If this pupil wants to study engineering, medicine or history in a western country or in America, where the Fitnah is like a black night, where temptation crashes around him like waves and the oceans of aflamed desires are astir. I say, if this pupil leaves without the permission of his sheikh, he or any others would not be angered. But if he goes out for Ribatt or jihad, you find the tongues directed towards him from every side saying: “How can he go without permission?” The sheikh failed to recall the noble words of the Prophet (saw): “One night of guard duty in the cause of Allah the Exalted is better than a thousand nights stood in prayer and days of fasting. “- In sahih Muslim: “Ribatt one day and one night is better than a month of fasting and praying. If he dies, his works continue on after him, his sustenance is provided for, and he is safe from the Fittan.” And: “A march by morning in the cause of Allah, or an afternoon march, is better than the world and what is in it.” Agreed upon.
It is upon the sheikh and his pupil to rush towards deeds and hasten towards good, and not to let the advice of the Messenger of Allah (saw) escape them: “Take opportunity of five before five:
1) Your life before your death
2) Your health before your sickness
3) Your spare time before you are occupied
4) Your youth before your old age and
5) Your wealth before your poverty.”
It is also upon them to pay close attention to the sahih hadith: “To stand one hour in the battle line in the cause of Allah is better than sixty years of night prayer.” Reported by Ahmad, al Hakim and ad Darami.
Ash Shaffie said: “The Muslims are agreed that if a sunnah of the Prophet is made clear to you, it is not permitted to leave it upon the saying of anyone.”
Jihad With One’s Wealth
There is no doubt that jihad by one’s person is superior to jihad by one’s wealth. Consequently, the rich in the time of the Prophet (saw), were not excused from participating with their persons, such as Uthman and Abdur Rahman Ibn Auf (ra). Because, the purification of the soul and the evolution of the spirit, is lifted to great heights in the midst of the battle. That is why the Prophet (saw) advised one of his companions in these words: “…hold to jihad, because it is the monasticism of Islam.” Hadith sahih reported by Abroad. That is why, when the Prophet (saw) was asked: “is a person put on trial in his grave?” He said, “the flashing of swords above his heads is sufficient trial for him.” Hadith sahih, reported by Nasa’i.
Furthermore, the Prophet (saw) warned about being preoccupied with the world away from jihad. He once pointed to a plough and said: “It does not enter a people’s homestead except that Allah enters humiliation with it”.
Reported by Bukhari in his sahih. Also, in sahih hadith: “If you practised Tabaiya al Ainiya (i.e. selling goods to a person for a certain price and then buying them back from him for a far lesser price), followed the tails of cows, satisfied yourselves with agriculture, and abandoned jihad, Allah will cover you with humiliation and will not remove it until you return to your religion.”
Reported by Abu Daud. Similarly, in the sahih hadith: “Do not take Day’at , it will make you satisfied with the life of this world. “- Reported by at Tirmithi. Day’at is real estate or craft. In this hadith the Messenger of Allah (saw) has listed the distractions of the world and the sources of preoccupation: agriculture, trading with interest and the con of AI Ainiya, animal farming, industry and craft (Day’at). To be preoccupied with these, in the time when Islam is being subjected to confrontation in the battle field, verging on eradication, is considered Harram and a tremendous sin according to the Shariah.
The jihad by one’s wealth is obligatory if the mujahideen are in need of it, Fard upon women and children’s wealth, even if jihad is Fard Kifaya, as decided by Ibn Taymia. That is why it is forbidden upon the people to make savings in the time of need. Ibn Taymia was asked the question: “we have only sufficient money to feed the starving, or to fund the jihad, which would otherwise suffer?” He answered, “We give priority to the jihad, even if the starving must lose their lives. As in the case of the human shield, in which they are inadvertently killed by our hands, here they die by Allah’s action.”
AI Qurtubi said: “The scholars are in agreement that if any need befalls the Muslims, after they have paid out the Zakat, they are required to spend from their own resources to take care of that need”. Malik said: “It is obligatory upon the people to pay the ransom on those taken hostage from among them, even if it exhausts their wealth. This too is agreed upon.” The protection of the religion takes precedence over the protection of individuals, the protection of individuals takes precedence over the protection of wealth. Therefore the wealth of the rich is not more valuable than the blood of mujahideen. Let the rich beware and take heed of the law of Allah concerning their wealth, while jihad is in great need of that wealth, as is the religion of the Muslims and their countries which are on the brink of disappearance. The rich are drowning in their desires yet, if they could just abstain for one day from their desires, and hold back their hands from wasting money on trivialities, and instead direct it to mujahideen in Afghanistan, whose feet are lacerated by the ice and who are dying from the cold. They find no food for their day nor any ammunition with which to defend their blood.
I say, if the rich were to direct what they waste in one day to the Afghani mujahideen, their money, by the permission of Allah, would help to cause a great leap forward towards victory .The major scholars, the foremost among them, the Honourable Sheikh Abdul Aziz Bin Bazz, have passed a Fatwa which declares that directing the Zakat to the Afghani mujahideen is of the finest deeds and the best charity.
Summary
Jihad by your person is Fard Ayn upon every Muslim in the earth.
No permission for one from another for jihad and no permission from the parents for the child.
Jihad by your wealth is Fard Ayn and it is Harram to make savings while the jihad is in need of the Muslim’s money.
Neglecting the jihad is like abandoning fasting and praying, more than that, neglecting the jihad is worse in these days. We quote from Ibn Rushd: “It is agreed that when jihad becomes Fard Ayn it takes precedence over the Fard of Hajj.”
CHAPTER 4
Important Questions
Can we fulfil this Fatwa in our time?
Someone might say after all this: “We already know that jihad with your person today is Fard Ayn and that jihad is now obligatory like prayer and fasting, moreover, that jihad by your person takes precedence over prayer and fasting, by the saying of Ibn Taymia: “The first obligation after Iman is the repulsion of the enemy aggressor who assaults the religion and the worldly affairs”. The prayer may be delayed, joined together, it’s Rakat’s reduced or it’s positions altered when in jihad. In the two sahih’s: ” Allah filled their homes and their graves with fire as they kept us busy from our middle prayer until the sun disappeared”.
And, the mujahid can break his fast in Ramadan, as reported by Muslim, that the Messenger of Allah (saw) broke his fast on his way to open Mecca and said: “You are going to meet your enemy in the morning. Breaking your fast makes you stronger, therefore, break your fast”.
It has been made clear to us that no permission is required from anyone when jihad is Fard Ayn, as no permission is required from the father, the sheikh or the master for the obligatory morning prayer before the rising of the sun.
Similarly, no permission is required in obligatory jihad. Let us say, if the father and the son slept in one place, and the son wanted 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 other, perhaps not to disturb the other people who are sleeping (who don’t pray Fajr) or because his father does not want to pray. Does the son obey his father? .The answer is clear: “Obedience is in what is right”.- Agreed upon, sahih al lamia 2323. “There is no obedience to the creation in disobedience to the Creator”. Hadith sahih reported by Ahmad and al Hakim. “There is no obedience to one who obeys not Allah”.- Hadith sahih reported by Ahmad. Neglecting jihad is a sin, and there is no obedience to the creation in disobedience to the Creator .
About Permission
The matter of permission: To clarify this question we say, with the assistance of Allah, the companions (ra) never sought permission from the Messenger of Allah (saw) once the flag was raised and the Ummah was called forth. But the seeking of permission and consultation from the Messenger of Allah (saw), was sought if they had personally decided to go out or after they had registered their names for an expedition. In the sahih hadith reported by Ahmad and Nasa’i from Muawiya Ibn Jahima as Salmi: “Jahima came to the Prophet (saw) and said, “Oh! Messenger of Allah (saw) I want to join an expedition and I came to consult you”. He asked, “do you have a mother?” He said “yes”. The Prophet (saw) said, “stay with her for Paradise is at her feet” .-In another narration: “I have been registered for such and such an expedition”. i.e. ” I signed up”. This was at a time when jihad was Fard Kifaya. If jihad becomes Fard Ayn after the call, to ask permission of the Prophet (saw) would be a clear sign of hypocrisy. For the decisive verses have been revealed:
“Those who believe in Allah and the Last Day would not ask your leave to be exempted .from fighting with their properties and their lives, and Allah is the all Knower of AI Muttaqun. It is only those who believe not in Allah and the Last Day and whose hearts are in doubt that ask your leave (to be exempted from jihad). So in their doubts they waver.” (Surah at Tauba:Verse 44- 45).
With rererence to the Rightly Guided Caliphs, Abu Bakr, Umar, Uthman and Ali (ra), we don’t know of the companions or predecessors asking their permission. It was not the case that every single one who wanted to join an expedition or to fight jihad, came to Abu Bakr for his permission. The important thing is that the flag must be raised, and the troops sent out.
Further, with reference to Amirul Mu’mineen after the Caliphs, we don’t know of anyone who wanted to make Ribatt or fight in jihad who was taking authorisation from them. Neither do we know of any Muslim in Islamic history being punished by an Amir for participating in jihad or an expedition without authori~ation. Actually, authorisation was sought from the commander in the battle field during the expedition or attack in otder to maintain organisation and not to spoil the plan of the Muslims.
Some Muslim scholars like Auza’i specified that authorisation from the Imam is only for soldiers salaried by the state.
Ar Ramli said in Nihayat al Mahtaj 8/60: “To join an expedition without authorisation from the Imam or his second in command is a hated thing, except under the following three conditions:
If seeking permission jeopardises the objective.
If the Imam incorrectly calls off the expedition.
3) If one thinks he will be unjustly or incorrectly authorisation. Confirmed by al Balqini.
We point out that all this is when jihad is Fard Kifaya. But, if jihad becomes Fard Ayn there is no permission. Ibn Rushd said: “The Imam must be obeyed even if he is unjust. As long as he does not order a sin. Forbidding from the jihad which is Fard Ayn is a sin.
We continue declaring this case: permission is required in Fard Kifaya, only after sufficient numbers of mujahideen have been assembled to be able to fulfil the Fard. Before this sufficiency is attained, the call is directed to all and is obligatory upon all, but is absolved by the performance of some. There is no difference between Fard Kifaya and Fard Ayn before the sufficiency (Kifaya) is met.
Before the sufficiency, there is no seeking of permission. Permission is sought for only after it is known from the Muslims in the battle field that the required numbers have been assembled to enable the fulfilment of the Fard.
After all this someone might say:
We know that jihad is Fard Ayn and there is no permission whatsoever from any for jihad, yet there are still some important questions:
First Question
How can we apply the General March practically in our time?
Some people feel that the General March as it is required in Islam, that the woman leaves without her husband’s permission, and the son without his father’s permission, is very demanding for the following reasons:
I) Any Islamic territory is not large enough for one thousandth of all the thousands of Muslims.
2) This leads to the disruption of the Islamic education process which is considered to be the hope, with Allah’s permission, for saving the Ummah.
3) This leads to a process of evacuation of Islamic areas, that if everyone left for jihad in Palestine or Afghanistan, they would leave an opening for Communists, Baptists, Nationalists and Secularists.
Answer:
If only the Muslims would apply their Allah’s command and implement the laws of their Shariah concerning the General March for just one week in Palestine, Palestine would be completely purified of Jews. Similarly, the situation in Afghanistan would not last long if only the Ummah would march forward. Moreover, there would not be an absence of Da’i, nor would their homes be destroyed by the going out of their women. Instead, in every instance, we wait and we weep. We watch the Islamic region as it falls under the domination of the Kuffar , until it is swallowed whole, then we fmally eulogise with much sighing and streaming tears.
Unfortunately, when we think about Islam we think nationally. We fail to let our vision pass beyond geographic borders that have been drawn up for us by the Kuffar.
The son of the town of Ar Ramsa in Jordan on the Syrian border senses a belonging and thinks Islamically about the son of Aqaba in Jordan, six hundred kilomefres away, more than he does about the son of Dara, a Syrian town, ten kilometres from Ar Ram sa. In spite of the fact that the son of Dara and the son of Aqaba are both Muslim worshippers, though the son of Dara is more religious than the son of Jordanian Aqaba.
Second Question
Can we fight jihad while we haven’t an Amir?
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 DEFENCE 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 its pulpit”
And another wrote:
“That which made me despair of Andalusia, were the King’s titles,
Great titles of which they were not worthy,
Like the cat who mimics the lion by puffmg 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 (saw).
Maybe the Imam or the Amir al Mu’mineen is not present, this does not annul the obligation of fighting and the DEFENCE 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 organises 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 (saw) sent out a party and he chose from amongst us a swordsman (leader). When we returned I said: I have not seen the like of when the Prophet (saw) blamed us. The Prophet (saw) said: Are you unable that if I appoint a man and he fails to apply my order to replace him with one who applies my order?”
The Messenger of Allah (saw) 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 warti
Ibn Qadama said in AI 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: “Different evils will make their appearance in the near future. Anyone who tries to disrupt the affairs of this Ummah while they are united you should strike him with the sword, whoever he be”.
Third Question
Can we fight in Afghanistan while the leaders are separated
and at difference?
It is obligatory to fight in Afghanistan with leaders that are separated and who are at difference with each other. Because, fighting is for the DEFENCE of the Muslims against the aggression of Atheists.
There is nothing which forbids fighting against unbelievers and atheists when there is more than one Islamic group present. That we consider the leader of each group as the Amir of combat for that group.
Fourth Question
Does one fight alone if the rest stay behind?
Yes he fights alone because Allah the Almighty the Majestic revealed these words to His Prophet (saw):
“Then fight (OMohammed s.a. w.) in the cause of Allah, you 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.” (Surah an Nisa:Verse 84).
This verse orders the Messenger (saw) in two obligations:
1) Fight, even if alone.
2) Incite the believers.
The Lord of Honour 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…” (Surah al Anfal:Verse 39).
By neglecting fighting, Shirk, which is the Fitnah spreads, and Kufr becomes victorious. The companions (ra) of the Prophet (saw) 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 (saw) and He said, “Then fight (0 Mohammed s.a. w.) in the cause of Allah, you are not tasked (held responsible) except for yourself…” (Surah an Nisa:Verse 84).
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 if the rest stay behind? He fids a prisoner and pays his ransom. He attacks by himselfifhe is able, and if not he prepares a warrior.”
Fighting alone pleases Allah. As in a Hasan hadith reported by Ahmad and Abu Daud, Mohammed (saw) 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.”
Fifth Question
Do we fight alongside Muslims that are
below acceptable levels of Islamic education?
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 the 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 AI 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 Majmua 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 (saw) 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 over run 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 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 (saw) 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.”
Sixth Question
Can we seek help from the Mushrikun
if we are in a weak condition?
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 Haraam 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.
Hadith in sahih Muslim: He (saw) said to a Mushrik on the Day of Badr, “Get back, I will not accept the help of a Mushrik.” Another hadith: “We do not seek help from Mushrikun against Mushrikun.” Reported by Ahmad and at Tabarani. Haythami said in Majmuat az Zawayd: “The men Ahmad and at Tabarani are trustworthy.” And there is a sahih narration that Safwaan Bin Umaya fought alongside the Prophet (saw) and he was a Kaffir.
An Nawawi said, in Tahtheeb al Asma wal Loughat 263: “The Messenger of Allah (saw) borrowed on the Day of Hunayn the shields from Safwan Bin Umaya.” He (saw) said to him, “this loan will be returned to you”. Sahih hadith reported by AI Hakim. See sahih al lamia 3862. It is well narrated by the Biographers that Qasman marched out with the Prophet (saw) 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 Mushrikun was forbidden but later abrogated. AI Hafiz in AI Talkhees said this is the best reconciliation, and ash Shaffie agrees.
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 Mushrikun from whom they are seeking help as well as the Mushrikun they are fighting. In case of the collaboration of the Kuffar 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 behaviour .
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: “It is acceptable for Muslims to ask help from the Mushrikun against the Mushrikun if the rule of Islam has the upper hand.” AI Jassas said: “Our peers said, “it is acceptable to seek help in fighting from Mushrikun against Mushrikun 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.” Malik said: “It is not my opinion that they may seek help from Mushrikun against Mushrikun unless they occupy servant roles”.
Shaffie Opinion
Ar Ramli said: “The Imam or second in command may ask help from the Kuffar even if they are Ahlul Harb ifhe knows they have a good opinion of us under the condition that we need them to serve or fight because we are few.”
Hanbali Opinion
Ibn Qadamah said: “From Ahmad it is permissible to ask help from the Mushrikun, in fact it is Ahmad’s opinion that the Kaffir has a share in the booty ifhe participated in the expedition under the Imam.” He went outside of the opinion of the majority which does not allow him a share.
The Revelation of the Order to Fight
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 Qu’ran 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 AI Muttaqun.” (Surah at Tauba:Verse 36).
“…Then kill the Mushrikun wherever you find them, and capture them and besiege them and prepare for them each and every ambush…” (Surah al Bakarah:Verse 191).
Ibn al Qayim explained in Zad al Mi’ad that jihad was permitted during the Hijr, then it was ordered to combat those who fought them, finally it was ordered to fight the Mushrikun in general.
Ibn Abidin said-: “Know that the order to fight was revealed in stages. The Prophet (saw) was initially ordered with Tabligh and turning away. The Exalted said:
“Therefore proclaim openly (Allah’s message-Islamic monotheism) that which you are commanded and turn away from the Mushrikun.” (Surah al Hijr:Verse 94).
Then to Invite with wisdom:
“Invite (mankind, O Mohammed s.a. w.) to the way of your Lord (i. e. Islam) with wisdom (i. e. with the divine inspiration and the Qu’ran) and fair preaching, and argue with them in away that is better...” (Surah al Nahl:Verse 125).
Then, permission to fight was granted:
“Permission to fight is given to those (i. e. believers against disbelievers), who are fighting them, (and) because they (believers) have been wronged, and surely, Allah is able to give them (believers) victory.” (Surah al Hajj :Verse 39).Then they were ordered to fight if they were attacked:
“…but if they attack you, then kill them. Such is the recompense of the disbelievers. ” (Surah al Bakarah: Verse 191)
Then, they were ordered to fight with conditions, when the sacred months had passed:
“Then when the sacred months (the I st, 7th, 11 th, and 12th months of theIslamic calendar) have past, then kill the Mushrikun wherever you find them… ” (Surah at Tauba:Verse 5).
Finally, he was ordered to fight all out in general:
“And fight in the way of Allah those who fight you, but transgress not the limits. Truly Allah likes not the transgressors.” (Surah al Bakarah: Verse 190).
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 Oa’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 AI Kafirun (disbelievers in Allah, in His Oneness, in His angels, in His books, in His messengers, in the Day of Resurrection, in AI Qadr, etc.)! I worship not that which you worship, nor you worship that which I worship…” (Surah al Kafirun:Verse 1-3).
And the example of the position of the believers in this period:
“… Say ( O Mohammed s.a. w.}: 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 Qu’ran), and He protects (supports and helps) the righteous.” (Surah al A’araf:Verse 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 (saw) and his companions during the Makkan period. But once the Islamic state was establis~ed nothing prevented them from making pacts.
Conditions for Making Peace Treaties With the Kuffar
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 cancelled 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: “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.”
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 apriority 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-: “When tribulations upon the people became great, the Messenger of Allah (saw) 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 fmalise the agreement. When he wished to finalise 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 (saw) if you say this is your opinion, then your opinion we follow. But, we never offered them dates except to sell it to them or if they were our guests, and that was when we were Kuffar. Now Allah has honoured us with Islam”. The Prophet (saw) was pleased with what they said. Strong with interrupted chain of narration. The Ansaar felt that they would be humiliated. And in some narration’s: “we don’t give you but the sword.”
5) Not to contract a condition which opposes the Shariah of Islam. For Example:
(i) An agreement allowing Mushriks to reside in the land of Harramain (the land of the two Holy mosques, i.e. the entire Arabian peninsula) because in a hadith: “Expel all Jews and Christians from the Arabian peninsula”.
(ii) 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…” (Surah al Mumtahinah:Verse 10).
About 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 (saw). Because he knew that Allah would fmd a way out for them. This is the majority opinion.
Bara Bin Azib said: “The Messenger of Allah (saw) laid down three conditions on the day of Hudaybia with the Mushrikun. Whoever went to them from the Prophet (saw) would not be sent back. Who came to us from them, they would be returned. The Prophet (saw) said: “who from us went to them, Allah distanced him”. Agreed upon and Muslim adds: “and who left them, Allah will make for them an opening and a way out”.
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:
(i) Withdrawal of Russians from all Muslim territory.
(ii) 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.
(iii) The withdrawal must be without conditions or restraints.
(iv) 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…” (Surah al Anfal:Verse 61).
Sudi and Ibn Zaid said: “if they call for a treaty respond to them.”- 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 Hijaz, the appearance of alcohol in our land, or sending back who came to us from them”.
(v) If mujahideen are 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 western countries will not accept it and will resist it. These people fail to comprehend the aim of jihad and they haven’t a clear Islamic vision. Furthermore it is not permitted for these people to be fighters in jihad, a favour 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… ” (Surah at Tauba:Verse 83).
Qurtubi said 8/2 18: “This indicates that the accompaniment of the foolish in an expedition is not permitted”. The major scholars of Fiqh have stated in AI Jihad that it is not permitted for the arrogant, the pessimist, the hesitant, the coward or the hinderer to accompany the army.
O Allah give victory to the Mujahideen in Afghanistan, in Palestine, in the Philippines, in Lebanon and everywhere. And raise the flag of Islam, the rule of the Qur’anic state, and grant us martyrdom in Your cause.
Glory be to your Lord, Lord of Honour and Power. He is free from that which they attribute to Him and peace be upon the messengers, and all the praise and gratitude be to Allah, Lord of the Worlds. Salutations upon our Prophet Mohammed (saw) upon his family, his companions and the predecessors and whoever follows them in righteousness until the Day of Judgement.
Final Word
Finally we say, the case is not settled by long lists of quotations or the bringing forward of witnesses. Rather, the matter is referred to the heart. If Allah gives it light it will see the truth, in which everything is apparent. Otherwise, if the hearts are darkened they will not see.
“… Verily, it is not the eyes that grow blind, but it is the hearts which are in the breasts that grow blind.” (Surah al Hajj :Verse 46).
The vision of the heart is for evidences, and the signs of Allah are for cultivating Taqwa, obedience and enthusiasm for acts of worship.
” Verily, proofs have come to you from your Lord, so whoever sees, will do so for (the good of) his own selj; and whosoever blinds himselj; will do so to his own harm, and I (Mohammed s.a. w.) am not a watcher over you.” (Surah al Anam:Verse 104).
This vision opens forth in the heart the springs of perception. A perception not earned by studying. Verily, it is an understanding given by Allah to His servant for His Book and His religion according to the capacity of the heart’s vision. This vision grows in the field of the heart, that he may discern truth from falsehood, the honest from the liar. The Exalted said: “Surely! Therein is indeed a sign for the believers. ” (Surah al Hijr:Verse 77).
Mujahid said: “In at Tirmidhi, Abi Said al Khudri (ra) reported that the Prophet (saw) said: “Fear the perception of the believer for he sees with the light of Allah the Almighty the Majestic.” Then he read: “Surely! Therein is indeed a sign for the believers.” (Surah al Hijr:Verse 77). Everyone who prefers the life of this world from among the scholars, he must lie concerning Allah in his Fatwa and rulings, in his lectures and his commands, because many of the Rules of Allah conflict with the desires of the people, especially those endowed with authority.
Those who serve their lusts, their desires will not be satisfied except by contradicting the truth or rejecting a great part of it. If the scholars and those who govern love, power and pursue their desires, they will not find fulfilment unless they oppose the truth. Especially when the doubtful coincides with their lusts, thus tempting his lower nature. What is right becomes hidden and the face of truth is covered.
If the truth is evident and without doubt, he chooses the controversial and excuses himself by saying that he will find an exit in repentance.About those, and those like them the Exalted said:
“Then, there has succeeded 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…” (Surah Maryam:Verse 59).
The Exalted also said about them:
“Then after them succeeded them an (evil) generation, which inherited the Book, but they chose (for themselves) the good of this low life (evil pleasures of this world) saying (as an excuse): (Everything) will be forgiven to us. And if (again) the offer of the like (evil pleasures of this world) came their way, they would (again) seize them (would commit those sins). Was not the covenant of the Book taken from them that they would not say about Allah anything but the truth? And they studied what is in it (the Book). And the home of the hereafter is better for those who are AI Muttaqun. Do not you then understand?” (Surah al A’araf:Verse 169).
To follow vain desires blinds the eye of the heart, until it can no longer differentiate between Sunnah and Bid’ah, or it inevitably reverses them, that it perceives the Bid’ah as Sunnah. This is the plague the scholars suffer when they prefer the life of this world and pursue lusts and follow after leaders. The following verses refer to them:
“And recite (0 Mohammed) to them the story of him to whom We gave Our Ayat (proofs, evidences, lessons, signs, revelations, etc.) but he threw them away, so Satan followed him up, and he became of those who went astray. And had We willea: We would surely have elevated him therewith but he clung to the earth and followed his own vain desire. So his description is the description of a dog: If you drive him away, he lolls his tongue out, or if you leave alone he (still) lolls his tongue out… ” (Surah al A’araf:Verse 175-176).
Quotations will not suffice, because the perception of the truth relies on the enlightenment of the heart. When the heart has a strong attachment to the life of this world, and the bearer of this heart is immersed in sin, Ran (black covering) overcomes the heart. Because, every sin is a black stain on the heart. These black stains accumulate until the Ran is total and prevents the penetration of light to the heart.
When the heart is darkened, things no longer appear as they truly are, for truth is confused and its face no longer apparent. The heart is inverted and sees truth as falsehood and falsehood as truth.
There must be Taqwa that the capacity for discernment is developed, the heart cleansed, that it may accord things their proper order:
“O you who believe! If you obey and fear Allah, He will grant you Furqan a criterion (to judge between right and wrong of Makhraj, i. e. making a way for you to get out from every difficulty), and will expiate for you your sins, and forgive you, and Allah is the owner of the great bounty. ” (Surah al Anfal:Verse 29).
When they were in confusion over difficult questions they would say, ” Ask the people of the battle fronts because they are nearest to Allah”.
They asked Ahrnad Bin Hanbal: “Who do we ask after you?” He said, “Ask Aba Bakr al Waraq for he possesses Taqwa as it ought to be, and I hope he will be successful in answering. “
In Bukhari and Muslim a hadith Marfu: “In the past among the nations before you there were inspired men and if there was one in my nation it would be Umar Bin Khattab.” And Umar was true to this.
Muslim narrates in his sahih from Aisha (r.a), who said: “The Messenger of Allah (saw) would open his prayer when he stood at night with: Our Lord of Jibraeel and Mikaeel, Originator of the heavens and the earth, Knower of the unseen and the seen, You judge between Your slaves in that which they are at difference. Guide me from that in which they differ to the truth by Your leave. You guide whom You will to the straight path. “
Finally we supplicate by the blessed verse:
“…O Lord! Judge between us and our people in truth, for You are the best of those who givejudgement. ” (Surah al A’araf:Verse 89).
We repeat the supplication of the Messenger of Allah (saw) as reported in sahih Muslim:
“O Allah guide us from that in which they differ to the truth by Your permission. You guide whom You will to the straight path. Our Lord forgive us and our brethren who preceded us in faith and put not in our hearts any hatred towards those who have believed. Our Lord You are indeed full of Kindness, Most Merciful. O Allah make us live in contentment and die as Shaheed and gather us among the group of Mustafa (saw). Glory be to You O Allah and Praise, I bear witness that there is no God but You. I seek Your forgiveness and to You I repent.”
Letters of Acknowledgement
Letter from Sheikh Mohammed Najeeb al Mu’ti
All praise be to Allah and may His peace and blessings be upon His messenger, upon his family, companions and whoever follows him.
Jihad in Allah’s cause is to achieve martyrdom, about which Allah has given the good news of their election with His blessed words:
“…and that He may take martyrs from among you” (Surah al Imran:Verse 140).
It is a progression from one abode to another. From a problematic, deceptive and unjust life to a life of happiness and pleasure.
On this topic the generous, the mujahid, the courageous, the wise, Dr. Abdullah Azzam has written calling to Jihad. Explaining and showing the right agenda providing sufficient evidence from Tafseer, Hadith and Fiqh.. Revising and discussing with proofs, causing throat swelling distress in the opposition and a splinter in the eyes of the cowards and hypocrites. I say on this topic a few words of Da’wah to the path from which there are no other paths, in this critical moment, to remove the cancer from the Ummah and to defend the faith. It is the whole point of this life, that it is lived in the path of Allah and His Prophet and His Book. That His Ummah may be raised and honoured and perpetuated., The believer fights jihad for Allah that: if he falls he learns and if he is injured he is forgiven for his sins, if he is exiled he is a traveller, if he is imprisoned it is time for him for worship, ifhe lives he will become a leader, if he dies he is a martyr and for him is good and more.
And peace be upon the ones who listen to the call and respond (and if you are called to march forward, march forward.) with the mercy and blessing of Allah.
Mohammed Najeeb al Mu’ti’
Servant of the Sunnah with the most original chain Author of Takmilatu al Majmua Sharhul Muhathab Member of the Egyptian Writers Union
Letter from Sheikh Saeed Hawa
After hearing this letter from Sheikh Dr. Abdullah Azzam, I consider this Fatwa to be the truth and to it I call the people.
Saeed Hawa
Letter from Sheikh Umar Sayyaf
All praise be to Allah and may his blessings be upon Mohammed (saw), his family, companions and whoever follows him.
and what follows:
This great Fatwa and its advises in the rules of Jihad and of when Jihad becomes Fard Ayn was showed to me by my brother in Islam, the Sheikh, the righteous the truthful, the mujahid, Dr. Abdullah Azzam. I read all ofit and saw it to be the correct view, the truth from which there can be no divergence, and that there is no room for anyone who has an atom of Iman in his heart but to accept these evidences from the Book of Allah, the Sunnah of the Prophet (saw), and the consensus of the Ulama. I say, it must be propagated, haste carried out in marching forward and fulfilling this Fard without hesitation, otherwise one would fall into the description given by Allah:
“…But when a decisive Surah (explaining and ordering things) is sent down, and fighting (Jihad-holy war) 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”. (Surah Mohammed:Verse 20).
May Allah reward the Sheikh, the servant of Allah for his intention and his enlightenment.
May Allah help us to follow His good pleasure, the truth that jihad
now is Fard Ayn and that there is no excuse for anybody.
Umar Sayyaf
Grand Chair of the Ulama Sana Yemen.
Letter from Sheikh Abdullah Nassah al Waan
All praise be to the Lord of the Worlds, and may His peace and blessings be upon Mohammed (saw), upon his family and companions who carried the flag of Jihad throughout the world. And, on those who invite to the truth and on the callers to good until the Last Day.
The Sheikh Dr. Abdullah Azzam, may Allah protect him, showed me what he had written about the rules of Jihad today pertaining to Afghanistan, Palestine and other countries of the Muslims. I say, and with Allah’s help:
Wherever he went he declared this Fatwa, quoting from the Mathhabs and the predecessors, what is correct and true, that any Islamic country occupied by the unbelievers, as decided by the people of understanding, fighting becomes Fard Ayn upon its people. Consequently, the wife will go forward without the permission of her husband, and the child without the permission of its parents. Furthermore, Jihad will remain Fard Ayn upon every country close by until sufficient forces are attained to liberate the Muslim countries from the grip of the unbelievers. If the unbelievers are not beaten back, then, the Fard Ayn of Jihad spreads in the shape of a circle. The nearest to the next in nearness. Until, the Jihad has become Fard Ayn upon the whole earth, the destruction of the enemy and their complete expulsion from the Muslim land. Now in this time we find many Muslims in all Muslim countries, lazy, ill equipped and idle. So in truth, for Afghanistan and Palestine as well as other countries of the Muslims, Jihad has today become Fard Ayn on everyone until sufficient manpower and money are collected. Therefore, it is incumbent upon every Muslim today, capable of carrying a weapon, to march forward to Jihad to aid their Muslim brothers in Afghanistan and in every place in need, even though his or her parents do not permit it, until sufficient forces are attained and Allah knows best.
Your brother,
Abdullah Nassah al Waan University of King Fahd Abdul Aziz Jeddah
TRANSLATORS NOTE
All translations ofQur’anic text taken from: THE NOBLE QUR’AN: A summarised Version of At-Tabari, AI Qurtubi and Ibn Kathir with comments from Sahih al Bukhari. Summarised in One Volume. Translation by Dr. Mohammed Taqi-ud-Oin AI-Hilali and Dr. Mohammed Muhsin Khan. Maktaba Dar-us-Salam: Kingdom of Saudi Arabia, 1993.
Hadith References:
.Sahih al lamia al Saghir 2828
.Silsilah al Hadith as Sahih 554
.Majmua al Fatawa 28/157
.Reported by Abu Oaud and Bukhari in “AI Tarikh” see Sahih al lamia 3603 Sahih al lamia 3739
.Sahih al lamia as Saghir 1874
.Silsilah al Ahadith as Sahih 958
.Haashiyat Bin Aabideen 3/238
.Hashiyat Ash Shouruni and Ibn al Qasim in Tahfa al Mahtaj ala al Minhaj 9/213
.From al Ikhtiyaraat al Fuqaha by Ibn Taymia followed by Fatawa al Kubra 4/608
.Hashiyat Ibn Aabidin 3/238
.Bida’y as Sanaiy 7/72
.AI Bahr ar Raa’iq by Ibn Najim 5/191
.Fath aI Qadir by Ibn Hammam 5/191
.Hashiyat ad Oussuqi 2/174
.Nihayat al Mahtaj 8/58
.AI Mughni 8/354
.AI Fatawa al Kubra 4/608
.Mukhtasir Ibn Kathir 2/144
.AI lamia li Ahkam aI Qur’an 8/150
.lamia Ii Ahkam aI Qur’an 8/150
.AI Qurtubi 2/253
.Fath al Bari 6/30
.lamia al Ahkam 8/150
.Hashiyat ibn Abidin 5/383, Zila’i 6/110, Muwahib al laleeI6/323, Tafa aI Majtaj 4/124, al Inna’ 4/290, ar Rawda al Bahi 2/371, al Bahr az Zukhar 6/268 and Taj aI Arus Sahih aI lamia as Saghir 6321 .Ahkam aI Qur’an by lassas 1/2402
.See al Fatha al Rabbani. Tarteeb Masnad al Imam Ahmad ash Shaybani by Ahmad Abdur Rahman al Banal 8/128
.AI Mughni by Ibn Qadamah 8/345
.See al Mahsool by ar Rasi and Tahqiq by Dr. Taha labiraj section 2 of 31
.AI Fatawa al Kubra 4/607
.See Fath al Bari 6/105
.Fath al Bari 6/106 verified by Ibn Haban and it is Sahih and devalued by al Hafiz in AI Fath, he said it was hasan or sahih
.Fath al Bari 6/106
.Narrated by Ibn Maja, at Tabarani, al Bahiqi, Sahih al Hakim, acknowledged by ath Thahabi, and al Hafiz said its chain of narration is hasan, see al Fath al Rabbani 10/95
.Mukhtassir Muslim 1075
.Narrated by al Hakim and al Bahiqi and it is Sahih. See Sahih al lamia as Sahih 1088
.Sahih al Jamia as Saghir 4305
.Sahih al Jamia as Saghir 4305
.Sahih al Jamia as Saghir 4359
.Silsilah al Ahadith as Sahih 10
.Silsilah al Ahadith as Sahih 11
.Silsilah al Ahadith as Sahih 12
.AI Fatawa al Kubra 4/608
.AI Fatawa al Kubra 4/608
.AI Qurtubi 2/242
.AI Qurtubi 2/242
.AI Fatawa al Kubra 4/608
.Sahih al lamia as Saghir 3967
Sahih al lamia as Saghir 7397
.Nayl al Autar 8/37
.See Fath al ‘Ali al Malik by Sheikh ‘Alish 1/390
.Abu Daud and Ahmad and Sahih al Hakim and agreed upon by ath Thahabi. See Fath ar Rabbani 14/45
.AI Fath ar Rabbani 14/8
.Nayl al Autar 7/128
.Nayl al Autar 8/44
.Sharaha Kitab as Sir Faqara 201
.Ahkam al Qur’an by lassas
.AI Maduna 2/40
.AI Qurtubi 8/100
.Nihayat al Mahtaj 8/58 and Takmila al Majmua 19/28
.AI Mughni 8/414
.Hashiyat Ibn Abidin 3/239
.I’alaas Sinan 12/8
.Reported by Muslim / AI Fath ar Rabbani 14/1
.AI Qurtubi 8/39
.Hashiyat Aah Sharawai and Ibn al Qasim upon Tahfa al Mahtaj 9/306
.AI Qurtubi 8/39
.AI Fuayid: 113-114
