Defence of the Muslim Lands, The First Obligation after Iman: Osama bin Laden’s Mentor Abdullah Azzam’s Saudi Grand Mufti Bin-Baaz approved Fatwa - Chapter 1
EDITOR’S NOTE: Many Muslims are either ignorant about or have misconceptions about the ideology of indiscriminate killing that goes in the name of Jihad. Osama bin Laden, for instance, was not an Islamic scholar. Who was his ideological mentor and who and what ideology brainwashed this wealthy construction engineer to become what he eventually did. It is not possible for everyone to study the rulings of Ibn-e-Taimiyya or Mohammad ibn-e-Abdul Wahhab to understand its roots. Fortunately, there are enough people today who want to know. They can see radicalism seeping into their own backyards, people they always knew to be moderates being affected, especially and more alarmingly, youngsters going astray.
We present
below the fatwa of Sheikh Abdullah Azzam, the ideological mentor of Osama Bin
Laden, so that readers can see what twisted logic and what kinds of ideological
weapons were used to bring us where we are today. This should also give an
opportunity to knowledgeable experts of Islamic scriptures to debate the
deviousness with which the religion of peace and submission to God was turned
into a religion of perpetual war and supremacism during the Afghan War.
This fatwa
was duly approved by the best known Saudi Islamic scholar and the Grand Mufti
of Saudi Arabia from 1993 until his death in 1999, Sheikh Abdul Aziz Bin Bazz.
Other Islamic scholars from Saudi Arabia, its signatories and supporters were:
Sheikh Abdullah al Waan, Saeed Hawa, Mohammed Najeeb al Mu'ti, Dr. Hassin Hamid
Hissan, Umar Sayaf, Sheikh Mohammed Bin Salah Bin Uthaimin and he too signed
it. I also read it to Sheikh Abdur Razaq Affifi, Hasan Ayub, Dr. Ahmad al
Assal, Sheikh Mohammed Bin Salah Bin, Sheikh Abdur Razaq Affifi, Hasan Ayub and
Dr. Ahmad al Assal, etc. To the author’s great satisfaction, his thesis was not
only accepted but also put forward by Saudi Grand Mufti Sheikh Abdul Aziz Bin
Bazz. Saudi Grand Mufti 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).
By
Sheikh Abdullah Azzam
Biography
of Sheikh Abdullah Azzam
8
November 2012
-----
Table of
Contents
Biography
of Abdullah Azzam and Introduction
---
Chapter 1
Defence of the Muslims Lands
Chapter 2
The Ruling of Fighting in Palestine and
Afghanistan
Chapter 3
Fard Ayn and Fard Kifaya
Chapter 4
Important questions
Final Word
Letters of Acknowledgement and Translators Note
----
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 brightest 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 of Muslims 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 up to 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
Deity 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 a piece 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. ©2002 Religioscope unless otherwise noted.
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 word 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 Baqarah: 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 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 of her 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
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 Nasa’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 Ijma 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 Ma’idah: 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 Sahih. 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).
©2002
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