What Is Jihad in Islam? The Most Authoritative Answer From The Islamic Theology Of Consensus Of All Four Sunni Schools Of Islamic Jurisprudence Or Fiqh – Part 2
Translated by New Age
Islam Edit Desk
17 April
2021
Translated by New Age Islam group of scholars
from the original Arabic Chapter on Jihad in "Al-Mausu'ah
Al-Fiqhiyah" i.e., Encyclopaedia of Islamic Jurisprudence (45 volumes).
This is also known as "Kuwaiti Encyclopaedia for Islamic
jurisprudence," as it is the fruit of an effort of the Ministry of Awqaf
(religious matters) of Kuwait to build up an encyclopaedia of jurisprudence
reconciling all four Sunni madhabs (schools of thought).
Main aspects covered in Part 2:
1.
Seeking permission for Jihad from parents, the Creditor and Imam
2.
Taking permission of Jihad back
3.
Jihad Along with the leader of an army
4.
Conditions for the obligation of Jihad (a) Islam (b) Intellect (Aql) (c) Puberty and (d)
Masculinity
5. The
Ability to have Equipment of Jihad
----
Seeking Permission For Jihad
(A) Permission
From Parents
1. Jihad is not allowed except after permission
is granted by the parents or by one of them if the other is a Kafir. However, if the enemies attack a
land of Muslims and Jihad becomes Farz
Ayn, then it is obligatory upon the Muslims to participate in Jihad,
whether their parents grant them permission or not. But if a Muslim has fear of
losing the life of any of his parents after he sets out for Jihad, then he is
not allowed to leave his parents even when Jihad is Farz Ayn. This is because “Abdullah b. 'Amr reported that a person
came to Allah's Apostle (peace be upon him) and sought permission (to
participate) in Jihad, whereupon he (the Holy Prophet) said: “Are your parents
living? He said: Yes. Thereupon he (the Holy Prophet) said: You should put in
your best efforts (in their) service”. This indicates that kindness to the
parents is preferred over Jihad because the origin of Jihad is Farz Kifayah which can be fulfilled by a
sufficient number of Muslims. As for kindness towards parents, it is Farz Ayn that cannot be done by anyone
other than their children. This was the reason that when a man said to Ibn
'Abbas (May Allah be pleased with him): “I have made a vow to battle the Romans
but my parents have prevented me to do so”, Hazrat Abbas said: “Obey your parents.
The Romans will find other than you to battle them”.
Similarly,
it has also been narrated by ‘Umar and Uthman (May Allah be pleased with them).
This was also supported by Imam Auzawi, Thauri and other people of knowledge.
(Ibn Abidin 3/220, Jawahar-ul-Iklil 1/252, Hashiyat-ud-Dusuqi 2/175,176,
Al-Muhazzab 2/229, Nihayat-ul-Muhtaj 8/57, Al-Mughni 8/358, and Al-Mahalli
7/292)
The
majority of jurists hold the view that if both the parents or one of them is a Kafir, it is allowed for one to do Jihad
without taking permission from them because the companions of the prophet
(peace be upon him) including Abu Bakr Siddiq whose parents were Kafir used to participate in Jihad
without taking permission from their parents. For example, Abu Huzaifa bin Utba
bin Rabi’ah (may Allah be pleased with them) was with the prophet (peace be
upon him) while his father was the leader of the polytheists (Mushrikin).
(Fath-ul-Qadeer 5/194, Ibn Abidin 3/220, Hashiyat-ud-Dusuqi 2/175, 176,
Jawahar-ul-Iklil 1/252, Al-Muhazzab 2/229, Nihayat-ul-Muhtaaj 8/57, Al-Mughni
8/359, Kashshaf-ul-Qina 3/44)
The reason
is that the Kafir in the matter of
the Deen (religion) is accused of preventing Jihad and that he intends to
insult Islam.
The Hanafi
Jurists held the view that with some exceptions also reinforced by some Maliki
jurists, a Muslim cannot go out for Jihad without the consent of even the
non-believer/kaafir parents or one of them. This is applicable when he goes out
for Jihad, which is disliked as a cause of their hardship and fear. But if the
reason for their not permitting is because of his fighting against their
co-religionists, then in that case he can go out for jihad without the consent
of his parents. However, if he fears that his parents will be destroyed again,
he cannot go out for jihad. It is obligatory upon him to obey and take care of
his parents in case they need his services, even if they are Kaafir (infidels). So, it is not
permissible to give up Farz Ayn
(compulsory duty of individual) for the sake of Farz-e-Kifayah (Sufficiency
duty). Imam Thauri says this rule is based on the generality of the ruling of
the Quran regarding obedience to the parents. (Ibn Abidin 3/220,
Hashiyat-ud-Dusuqi 2/176, Al-Mughni 8/359)
If the
parents of a Muslim are dead but his grandfather or grandmother is alive, in
that case, he cannot go out for Jihad without the consent of any of his
grandparents. The reason is that the grandparents are similar to the parents in
kindness and obedience. In case his paternal grandparents permit him for Jihad
but his maternal grandparents do not permit him, then, according to Hanafi
Fiqh, he can go out for Jihad. This is because when the parents are not alive,
permission will be sought from the paternal grandparents. As far as the
maternal grandparents are concerned, they are like the rest of the people in
case the paternal grandparents are not alive.
According
to Shaafi’i school and an opinion of Hanbali jurists, If a Muslim’s father and
grandfather or mother and grandmother are alive, it is better to take
permission from both father and grandfather or both mother and grandmother,
because, with the presence of the parents, the loyalty towards the grandparents
does not diminish, nor does their compassion for him.
Some
jurists of Hanbali and Shaafi’i schools give an opinion different from the
above. They say it is not necessary to take permission from both father and
grandfather or both mother and grandmother, because the grandfather and the
grandmother may be prevented or shielded by the father and the mother from
getting inheritance under the Al-hajb doctrine, owing to have the
responsibility of taking care of and nurturing their children. (Al-Muhazzab
2/229, Nihayat-ul-Muhtaj 7/57, Raudat-ut-Talibin 10/211, Al-Mughni 8/359,
Kashshaf-ul-Qina 3/44)
Taking permission
from the parents is mandatory when Jihad is Farz-e-Kifaya. But the jurists of
all schools of jurisprudence unanimously agree that when Jihad becomes Farz Ayn, every Muslim individual can go
out for Jihad without the consent of the parents or grandparents, because
leaving Farz Ayn is a greater sin and
“there is no obedience to the creation in disobedience to the creator”.
Al-Awza'i
said: There is no obedience to parents in
abandoning the compulsory obligations such as Juma’ prayers, Hajj, fighting because
they are acts of worship that are compulsory on him in particular, thus
permission from parents is not considered, just as their permission is not
considered for Salah”. (Al-Muhazzab 2/229, Nihayat-ul-Muhtaj 7/57,
Raudat-ut-Talibin 10/211, Al-Mughni 8/359, Kashshaf-ul-Qina 3/44)
Taking Permission Of Jihad Back
2. The person who goes out for Jihad with the
consent of the parents, then his parents take permission of Jihad back or they
were Kafir before, who have now
accepted Islam after his going out for Jihad and who do not permit now, the
mujahid gets to know this situation, in that case, he must turn back if he has
not yet entered into fighting and its place. This is the famous view in the
Shafi’i and Hanbali schools, but when he fears that while going back to his
house, his life or his money will be destroyed or the hearts of the Muslims
will get broken, he, therefore, cannot return from Jihad. If he is incapable of
turning back from Jihad, due to fear of losing life, but can stay at any town
or village located on the way till the army comes back, he can stay there. The
Shaafi’i School is also of the view that he cannot come back once he goes out
for Jihad.
If he knows
it after participating in the fighting, according to the popular view of Shaafi’i
school, it is forbidden (haram) for him to return from Jihad. He ought to have
patience, for there is the general application of the command [of Allah
Almighty] about having patience and also because if he comes back from Jihad,
it will lead to breaking the hearts of Muslims. The second view of the Shaafi’i
School is that coming back from Jihad in the situation mentioned above is not
forbidden, but rather it is mandatory. The third view of this school is that he
can take either of the two options; coming back from Jihad or having patience.
But if the enemy surrounds Muslims to attack them, Jihad becomes Farz Ayn and hence it is not obligatory
to take permission from the parents. In this situation, abandoning Jihad in
this situation will result in the annihilation of Muslims. Jihad then takes
precedence over the right of the parents.
If his
parents permit him to take part in the battle, with the condition that he will
not fight, and if he attends the battle, Fighting will become Farz Ayn, so the obligation of
fulfilling the condition made by the parents will fall from his part. Awzaai
and Ibn Munzir, therefore, stated: since Jihad becomes his compulsory duty,
there remains no obedience in abandoning Jihad, even though he went out for
Jihad without the consent of the parents and participated in the fighting, he
is not allowed now to come back from Jihad.
(Al-Mughni 8/359)
(b) Permission from the Creditor
3. The jurists have unanimously agreed that the
debtor cannot go out for Jihad without the consent of his creditor unless he
pays the debt to the creditor. If the creditor permits him without acquitting
him from the debt, then it is more commendable and preferable to repay the
debts, but if the debtor goes out for Jihad in this situation, it will not be
unfair. The same ruling is for the guarantor (Kafeel) if the matter relates to pay the debt to the creditor.
Taking permission is equally mandatory for the guarantor of money and the
guarantor of life.
If the debt
is Mua’jjal (in which the appointed time is made for repaying the debts), it is
not permissible to go out for Jihad without the consent of the creditor, in
case he knows he will come back before the appointed time comes and meanwhile
the creditor will not demand him to repay the debts. However, it is better to
stay back from Jihad to repay the debts. (Ibn Abidin 3/221)
The Maliki
School holds the view that permission has been stipulated in the matter of
debts if the debtor can pay the debts by selling what he possesses. If the
debtor is unable to do that or if the debt is Mua’jjal, the appointed time of
which will not arrive before his coming back from Jihad, then he can go out for
Jihad without the consent of the creditor. If the debtor knows the appointed
time of paying the debts will arrive while his being on the duty of Jihad, it
is mandatory for him to make his deputy who can pay the debts to the creditor.
The
Shaafi’i School holds the view that the debtor cannot go out for Jihad if the
time of paying debts is ongoing and he is not insolvent, so in this situation,
he will have to repay the debts first and then go out for Jihad. In another view of this School it is held
that even though he is not able to repay the debts, he cannot go out for Jihad
without the consent of the creditor. However, the better view is that in case
he is insolvent, he does not have anything to prevent him from going out for
Jihad, but only with the condition that no demand will be made while his being
on the mission of Jihad.
If the debt
is Mua’jjal it is not permissible to prevent the debtor from going out for
Jihad. This is the most preferable view. The second view is that this is
permissible but only when the debtor appoints his guarantor for repaying the
debts. The third view is that the creditor can prevent the debtor from going
out for Jihad in case he does not appoint his guarantor. It is reported that it
is permissible for the creditor to prevent him if the time of paying debt comes
before the debtor returns from Jihad. (Raudat-ut-Talibin 10/210 and
Nihayat-ul-Muhtaj 8/56-57)
The
Hanbalis hold the view that going out for Jihad is impermissible without the
consent of the creditor, whether the time of paying debt is ongoing or the debt
is Mua’jjal. But he can go out for Jihad if he appoints someone as guarantor to
pay the debt or he ensures the creditor that he will pay the debt to him on his
return. This rule is based on a narration that a man came and said to the
Messenger of Allah (peace be upon him), “Do
you think if I am killed in the way of Allah, all my sins will be obliterated
from me? The Messenger of Allah (peace be upon him) said: Yes if you were
patient and sincere and always fought to face the enemy and never turning your
back upon him, (all your lapses would be forgiven) except debt. Gabriel has
told me this” (Related by Muslim 3/1501 on the authority of Abu Qatadah).
This is
also because Abdullah bin Haram, who was the father of the well-known companion
(Sahabi) Hazrat Jabir (may Allah be pleased with them), went out to the battle
of Uhad while he was the debtor and he was martyred and his son paid the debt
to the creditor. When the Prophet (peace be upon him) knew it, he praised
Hazrat Jabir and said, “The angels were shading him (the father of Hazrat
Jabir) continuously with their wings till you shifted him (from the field)”
(Related by Bukhari (Al-Fatah 3/163 Assalafiyah) and by Muslim 4/1918 on the
authority of Hazrat Jabir). The prophet (peace be upon him) said to his son
Jabir: “Shall I give you news of what your father met Allah with?'" He said:
"But of course O Messenger of Allah!" He said: 'Allah does not speak
to anyone except behind a veil, but He brought your father to speak to Him
directly” (Related by Tirmidhi 5/230 Al-Halabi)
And also
because by Jihad is intended Shahadah
(martyrdom) that results in the loss of life and then the right of paying debt
remains unfulfilled as a cause of martyrdom. (Al-Mughni 8/359-360,
KashshafulQina’ 3/44-45)
However,
when Jihad becomes Farz Ayn, it is
not obligatory for the debtor to take permission from the creditor, because
performing Farz Ayn (compulsory duty
of every individual Muslim) takes precedence over the matter of paying a debt.
This case is with all the compulsory obligations (Furud-e-Aa’yan).
The
Hanbalis have explained that in this case it is commendable (mustahabb) for the
debtor not to be exposed to the front line of the fighting but he should stand
in the middle of the last of rows, to pay the debt after he remains alive. (Ibn
Aabidin 3/221, Haashiyat-ud-Dusuqi 2/175, Jawahar-ul-Iklil 1/252, Nihayat-ul-Muhtaj
8/57, Raudat-ut-Talibin 10/214, Al-Mughni 8/360 and Kashshaf-ul-Qina’ 3/45)
[c] Permission from Imam
4. The Shaafi’is and the Hanbalis have
explained that the battle is Makrooh
(objectionable) without the permission of the Imam or that of his special
representative. The reason is that the battle takes place as per the need and
the Imam or Amir knows this situation much better. This is not forbidden
(haram) because this issue is not more than self-deception and the
self-deception is permissible in Jihad.
The matter
of the battle is in the hand of the Amir, as he knows much about the number of
enemies, their hiding places and conspiracies, therefore it is essential to
accept his opinion that is safer for the Muslims. But if the enemy suddenly attacks
the Muslims and they are unable to take the permission, the permission will
fall from their duty. Thus in that case they are allowed to fight without the
permission of the Imam, otherwise while waiting for the permission of Imam to
go out for Jihad, they will be killed and corruption will dominate.
The
evidence in this regard is that when the infidels raided the she-camels of the
prophet (peace be upon him), Salma Bin Akwah came suddenly from outside the
Madina, chased the infidels and fought them without permission, whereupon the
Prophet (peace be upon him) said: “the best of our footmen is Salma bin Akwa’”
and he gave him the share of horseman and the footman. (Al-Muhazzab 2/229,
Nihayat-ul-Muhtaj 8/60, Raudat-ut-Talibin 10/238 and Al-Mughni 8/363)
Jihad with the Imams
5. The majority of jurists have explained that
Jihad will be done along with the leader of an army even though he is unjust
due to committing the lesser of two evils. The reason is that if the leader is
not supported, Jihad will discontinue and the infidels (kuffar) will attack and
eliminate the existence of Muslims. The word of Kufr then will dominate. In
that case, the victory of the Deen is mandatory. So, it is essential to support
the leader in Jihad. A similar case is with an unjust ruler or faasiq but the
treacherous invalidating the covenant will not have to be supported. (Ibn Aabidin 3/222, Jawahar-ul-Iklil 1/251,
Hashiyat-ud-Dusuqi 2/174, Al-Mughni 8/350)
Conditions For The Obligation Of Jihad
(a)
Islam
6. The jurists unanimously agree that one of
the conditions for the obligation of Jihad is that the person must be a
follower of Islam because it is a condition for the obligations of all the
branches (furu’). The infidel (kaafir) is unreliable in Jihad; therefore, the
Imam does not permit him to go out for Jihad along with the army of Muslims.
This rule is based on a report narrated by Aisha (may Allah be pleased with
her) that the Messenger of Allah (peace be upon him) went out to Badr till he
reached Harrah Al-Wabr where he was met by a man from the idolaters, about whom
it was said he was brave and courageous. The Prophet (peace be upon him) said
to him: “Do you believe in Allah and His Messenger?” He said: "No."
He said: "Then return because we do not seek aid from an idolater
(mushrik)” (Related by Muslim and Tirmidhi)
This is
also because that the fear of damage is more than the hope of benefit, in the
state of infidel going with the army of Muslims for Jihad. He is unreliable due
to his possible cunning, scourge and wicked intentions. The war requires the
faithful whereas the infidel is not among them.
(b)
Intellect (Aql)
7. The insane is ghair-mukallaf (a person
religiously irresponsible or unaccountable). Therefore, Jihad is not mandatory
upon him.
(c)
Puberty
8. Jihad is not obligatory upon the children
who have not reached puberty. They are ghair-mukallaf (religiously
unaccountable). It has been narrated by Ibn Umar in Sahih Muslim and Sahih
Bukhari: “Allah's Messenger called me to present myself in front of him or the
eve of the battle of Uhud, while I was fourteen years of age at that time, and
he did not allow me to take part in that battle” (Related by Bukhari (Alfatah
5/276) and Muslim 3/1490)
The
Messenger of Allah (peace be upon him) returned Usama bin Zaid, Al-Bara bin
Aazib, Zaid bin Thabit, Zaid bin Arqam, Araba bin ‘Aws on the day of Badr and
made them guards for the offspring and the women. (Sahih Bukhari –Alfatah 7/290
Assalafiya). Jihad is an act of worship performed by the body, so it is not obligatory
upon the children and the insane to perform Jihad like fasting (Roza), prayer
(Namaz) and Hajj.
(d)
Masculinity
9. Masculinity is a condition for the
obligation of Jihad. This ruling is based on a report that Aisha (May Allah be
pleased with her) said: “I said: ‘O Messenger of Allah, is Jihad obligatory for
women?’ He said: “Yes: Upon them is a Jihad in which there is no fighting:
Al-Hajj and Al- ‘Umrah.” (Related by Ibn Majah 2/968 Al-Halabi, authenticated
by Ibn Khuzaima)
Therefore,
Jihad is not obligatory upon the women but in three cases as mentioned earlier.
It is Makrooh (objectionable) to send women
for Jihad along with mujahedin in an unreliable brigade, lest they should be
exposed to destruction. The Imam prevents the women from going out for Jihad
because they are attractive to the people. It is also that the women are not
the persons of war as they do not have the right physical ability to fight.
Thus with their participation in the battle, the victory over the enemy cannot
be trusted.
The
Hanbalis made here an exception to the wife of the Amir (leader) who may be
present to attend to his needs or an old woman in cases of needs only, such as
bringing the troops water and treating the wounded. This is because Al-Rabi’
the daughter of Mu’awwidh said: “We used to go out to fight with the Prophet
(peace be upon him), bringing water and serving them, bringing back the wounded
and the slain to Madinah” (Related Bukhari –Alfatah 6/80)
It is not
unfair for women to go out with Muslims in a great number of reliable military
forces because there is safety for women in the great number.
Jihad is
not obligatory upon Khuntha mushkal (un-gendered hermaphrodite; this term is
used in Islamic parlance to refer to a person who looks both male and female) lest
this person be a woman. So there is no obligation when its ruling is based on
doubt in the condition of masculinity for Jihad. (Al-Mughni 8/365,366)
(e)
The Ability to have Equipment of Jihad
10.The Ability To Gain The Weapon Is A
Condition For The Obligation Of Jihad.
Jihad is
not obligatory upon the poor who do not have anything to spend in the way of
Jihad, in addition to their family expenditure. This is because Allah Almighty
says, “There is no blame on those who are infirm or ill or who find no
resources to spend (on the cause) if they are sincere (in duty) to Allah and
His apostle: no ground (of complaint) can there be against such as do right:
and Allah is Oft-Forgiving Most Merciful.” (9:91).
If the
fighting takes place at the gate of the country or its surrounding borders,
Jihad becomes obligatory upon the poor Muslim too, because in that state he
does not need anything to spend to reach that place. But If the fighting takes
place at the distance of Qasr where prayer is shortened and he is not able to
have any means to get access to that place, Jihad is not mandatory upon him,
because Allah Almighty says, “Nor (is there blame) on those who came to thee to
be provided with mount and when thou saidst "I can find no mounts for
you", they turned back their eyes streaming with tears of grief that they
had no resources wherewith to provide the expenses.” (9:92)
However, if
the Imam of Muslims provides that poor Muslim with what is needed to reach the
place of fighting, it is mandatory upon him to accept that and do Jihad,
because whatever Imam offers him, becomes his due. But if the due is given to
him by someone other than the Imam, he doesn't need to accept that. (Ibn Abidin
3/220, 221, Hashiyatud Dusuqi 2/175, Raudatut Talibin 10/210 and Al-Mughni
8/348)
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