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 3
Translated by New Age
Islam Edit Desk
16 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 Madhahib (schools of thought).
Main Aspects Covered In Part 3:
1. Jihad by Fighting Is Not Mandatory on The
Muslims Incapable of Fighting
2. The people whom the Imam prevents from going
out for Jihad
3. Collecting the Ju’l (payment/wage) for fighting
4. Calling towards Islam [dawah] Before Fighting
5. Security [Amaan] during the War
6. Seeking Help from Non-Muslims to fight the
Enemy
------
(a)
Safety from Damage
Jihad is
not mandatory for the disabled Muslim incapable of fighting, because the
disability denies the mandatory. Only the able-bodied person who is free from
disease can participate in Jihad.
Accordingly,
the seriously ill person who is unable to travel and fight is better not to go
out for Jihad, because in that state his disease will be unbearable.
The
obligation of Jihad does not fall if the disease is light and does not make the
person incapable of fighting, such as pain of tooth and mild headache and so
on, therefore Jihad cannot be abandoned by him in that state.
If the
person can go out but not to fight, then he should go out for Jihad to increase
the number of the forces. (Raddul Muhtar 3/221 and Fath-ul-Qadeer 5/193)
The blind,
the lame, the disabled, the Muqa’d
(having a disease which constrains a person to remain sitting) and the
one-armed man is not obliged to go out for Jihad, because such disabilities
prevent them from Jihad. Allah Almighty says, “No blame is there on the blind nor is there blame on the lame nor on
one ill (if he joins not the war): but
he that obeys Allah and His Apostle (Allah) will admit him to Gardens beneath
which rivers flow; he who turns back (Allah) will punish him with a grievous
Penalty.” (48:17).
He 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)
The blind
is not fit for fighting, so he is not obliged to go for Jihad. The same ruling
is for those who have serious conjunctivitis and the person whose sight is weak
and cannot save from the weapon. But in case he can save from weapon and fight,
then Jihad is mandatory upon him.
Jihad is
mandatory upon the one-eyed and the night blind person who can see in the light
of the day. He is treated as the seeing person in joining the battle.
(Nihayat-ul-Muhtaj 8/55 and Al-muhazzab 2/282 and Kashshaf-ul-Qina 3/36)
By the lame
is meant only the person whose lameness makes him unable to walk and travel
freely, even though it is only in one leg. In the state of being able to ride
and walk, he will be obliged to participate in Jihad.
This
ruling, like the lame, is also for the one-armed man and the paralyzed, even
though many fingers of his one hand are broken.
Those who
despite having the broken fingers in the leg can walk are not exempt from
joining the battle.
The People Whom The Imam Prevents From Going
Out For Jihad:
22. The
Shaafiis and the Hanbalis hold that it is essential for the Imam to keep away
the Mukhadhdhil (the discouraging person) and the Murjif (i.e. the one who
tries to cause mutiny on the battlefield) from going out for Jihad and
attending the row [of the army]. [However, Mukhadhdhil
or Murjif has already entered into
the row of Jihad] The Imam ought to take him out from the row in case there is
no fear of Fitna (sedition/disorder).
This even becomes Wajib (imperative)
upon the Imam to take him out, when having overwhelming probability (Zanne
Ghalib) that his existence will be harmful to others. (Nihayatul Muhtaj 8/57,
Al-Mughni 8/351, Raudatut Talibin 10/240)
Mukhadhdhil
(in the context of war) is the one who prevents and discourages others from joining
the battle. He uses the words like “it is scorching hot”, or “it is biting
cold”, “there is severe hardship” and “the defeat of the army is not to be
trusted” and so forth. Allah Almighty says, “If
they had come out with you they would not have added to your (strength) but
only (made for) disorder hurrying to and fro in your midst and sowing sedition
among you and there would have been some among you who would have listened to
them. But Allah knows well those who do wrong.” (9:47).
It is said
in the interpretation of this verse: They would have done nothing but created
disputes, and it is also reported that they would have rushed to disunite your
group. (Al-Muhadhdhab 2/230)
Murjif is
the one who says: “the brigade of Muslims has perished”, “Muslims have neither
support nor power to fight against the Kuffar
(infidels/non-believers)” and so forth. So, the Murjif should be kept away from
the battle, because Allah Almighty says, “If
they had intended to come out they would certainly have made some preparation,
therefore; but Allah was averse to their being sent forth; so He made them lag
and they were told, "sit ye among those who sit (inactive).” (9:46)
The Imam
ought not to permit the one who spies on Muslims and keeps the Kuffar abreast of the defects and
weaknesses of Muslims, their lodges and whereabouts. Similarly, the one who
creates enmity among Muslims and tries to raise sedition [Fitna] should also not be permitted. This is because of the verse,
“but Allah was averse to their being sent forth” and also that they are harmful
to Muslims, so Imam must prevent them from going out for Jihad with Muslims.
If any of
these spies goes out with the Imam, he will not be given any share (from the
war booty), even though he shows support for Muslims, because he is likely to
do it as a hypocrite that is harmful to Muslims and thus he does not deserve
anything from the war booty. In case the Imam is one of these spies, it is
un-commendable to go out with him.
This and
all other excuses that deny the validity of Hajj also deny the validity of
Jihad. However, when there are chances of confronting with harms by Kuffar on the way, Hajj can be postponed
while Jihad cannot be because it already contains such dangers.
Collecting The Ju’l (Payment/Wage) For Fighting
23. The
Hanafis and the Malikis hold that it is Makrooh
(condemned) to receive ju’l(payment) for fighting as long as the Muslims have
Fay’ (that is taken from the disbelievers without a fight) because then there
is no need for ju’l. The wealth of Bait ul
Maal (translated as the House of money or wealth that serves as the State
treasury) is prepared for the necessities of Muslims. Collecting ju’l for
fighting is Makrooh-e-Tahrimi
(condemned) because the origin of the Ujrat
(wage) in exchange for the obedience is haram (forbidden) and so receiving
whatever resembles such a Ju’l (payment)is
Makrooh(condemned).
It is
reported from Imam Malik that it is severe Makrooh
(condemned) to receive Ju’l (payment)
for fighting.
If there is
nothing in the Bait ul Maal, it will
not be Makrooh to receive Ju’l for meeting the needs of fighting
such as removing the greater harm i.e. evil of Kuffar moving towards Muslims, by the lesser harm i.e. receiving Ju’l. Ibn Abidin said: the lesser harm
can be accepted for removing the greater harm.
However,
the Malikis make a condition in the permissibility of Ju’l, that is, the Kharjah (literally means payment or
going out once) is only once, for example, the ja’ai’l (the one who gives wage
to someone to fight in the battle as a substitute) says to the outsider: I will
give you wage on the condition that you go out this year in place of me. On the
other hand, if he makes a contract that whenever the people set out for Jihad,
he will have to go out as a substitute for him; it will be impermissible due to
severe jeopardy. So the Kharja is
meant here to go out only once.
Similarly,
the one who can participate in Jihad with his body and money, Jihad is
obligatory on him, and he should not receive Ju’l for that. If the one who sits (shirking from the fight) says
to a ghazi (warrior), “take this money in exchange for fighting as a substitute
for me”, then it is not permissible, because it then becomes the process of
hiring for Jihad. (Ibn Abidin 3/222, Al-Mudawwinah 3/31,44)
The
Shaafi’i position is that one’s Jihad will not be performed as a substitute for
others. This ruling is the same in both cases, whether by taking wage or not.
The reason is that when attending the fighting, it becomes obligatory upon him,
and therefore, it cannot be performed by other than him.
It is not
permissible for the Imam or others to hire a Muslim for Jihad, because this
duty is directly performed by him rather than others.
Whatever
the Mujahidin takes from the Diwan
(council) of Fay’ and whatever the Mutatawwi’
(volunteer) takes from zakat as aid is not considered to be wage.
As regards
the Hanbalis, Al-Kharqi says: If the Amir hires people to fight along with
Muslims for their benefits, they will not be given any share (from the booty of
war), except the wages fixed before the fighting. Ibn Qudama says the proof of
Ahmed on this is regarding jamaa’h. It is mentioned in the report of Abdullah
and Hanbal: If the Imam hires the people by whom he enters the city of the
enemy, they will not be given any share from the war booty except their
promised wages. Al-Qadhi says, “This is applied for hiring those upon whom
Jihad is not imperative, such as the slaves and the Kuffar.
As for the
free Muslim men, it is not permissible to hire them for doing Jihad, because
when Jihad becomes Farz Ayn, it is obligatory upon them too. So this duty
cannot be done by others, as the case is with the issue of Hajj that the
obligation of which cannot be performed by other than the one who is capable of
doing it. Then Ibn Qudamah says, it is probable that the view of Ahmed and
Al-Kharqi is apparently regarding the legitimacy of hiring those upon whom the
battle is not obligatory, because Abu Dawud narrated in his isnad from Abdullah
bin Umar that the Messenger of Allah (peace be upon him) said, “The warrior
gets his reward and the one who equips him gets his reward” (Related by Abu
Dawud 3/37).
It is
narrated by Said bin Mansoor from Jubair bin Nafir who said, “The Messenger of
Allah (peace be upon him) said, “those of my Ummah who goes on an expedition
and take ju’l (compensation) with which to fortify themselves against their
enemy are like the mother of Moses as she suckled her child while accepting her
wage” (Related by Abu Dawud in his marasil as it is in tuhfatul ashraf)
This is
also because there is no specification of its doer being one among AhlulQurba
(the relatives), so it is permissible to hire for that as it is done for
building the mosques. If Jihad is not obligatory upon him, it will be fair to
hire him for that purpose like the slave. (Almughni 8/467)
As regards
those who speak of taking benefit from the ju’l (compensation) in the battle
other than Jihad, the Hanafis hold the view that it is permissible for the
warrior to leave some amount of Ju’l
for the expenditure of his family because he does not get ready for going out
except for this reason (Ibn Abidin 3/222). The Hanbalis state: The warrior
would not leave anything from the ju’l for his family, as it is not his
property. But after he achieves the purpose for which he got ju’l, he can send
some of it to his family. He should not spend any amount of ju’l before going
out for the battle lest he should lag from it. He, therefore, does not deserve
anything of it to spend for himself. But before going out for the battle, he
can spend Ju’l to purchase weapons or
any equipment required for the battle. (Al-Mughni 8/370)
If the
person is given any amount of money, he should take benefit from it in the
battle itself. After the battle, whatever money remains will become his
property. This is what the Hanbalis have stated and also been adopted by Ata’,
Mujahid and Said bin Al-Musayyab. When Abdullah Ibn Umar gave something in the
battle, he would say to its owner: “if you reach Wadiul Qura (located on the
outskirts of Madina), then it is your affair”. This is because he gave him as
an aid and expenditure and not as wage, so after that whatever remained became
his property. If the person is given something to spend absolutely in the
battle and after that something of it remains, then he will spend it in other
battles because all it has been given to him is meant only for the battle.
(Al-Mughni 8/370)
Calling Towards Islam [Dawah] Before Fighting
24. The
jurists unanimously agree that, if Muslims enter Darul Harb (the House of war)
and besiege a city or fort, they will be obliged to call the Kuffar towards [accepting] Islam, as it
is proved by the speech of Ibn Abbas (May Allah be pleased with him), “The
Prophet (peace be upon him) never fought any people unless he called them
towards Islam”. Therefore, if they accept it, they will have to desist from
fighting them due to having achieved the purpose. Allah's Messenger (peace be
upon him) said: “I have been ordered (by Allah) to fight against the people until
they testify that none has the right to be worshipped but Allah and that
Muhammad is Allah's Messenger (peace be upon him), and offer the prayers
perfectly and give the obligatory charity, so if they perform that, then they
save their lives and property from me except for Islamic laws and then their
reckoning (accounts) will be done by Allah” (Related by Bukhari (Alfatah 1/75
and Muslim 1/53 on the authority of Abdullah Ibn Umar.)
If they do
not accept Islam, they will be called to pay jizya. This is for those from whom
jizya is accepted. As for those whose jizya is not acceptable such as murtaddin
(apostates) and idolaters of the Arab, there will be no benefit in calling them
towards accepting jizya. This is the right of those to whom the message has not
yet reached because they will not adhere to Islam before knowledge. The
evidence in this regard is that Allah Almighty says, “We do not inflict
punishment until We send forth a Messenger [Rasool] to make truth distinct from
falsehood” (Surah Al-Isra 15). It is, therefore, not permissible to fight such
people and also because it has been reported from Sulaiman bin Buraida through
his father that when the Messenger of Allah (peace be upon him) appointed
anyone as leader of an army or detachment he would especially exhort him to
fear Allah and to be good to the Muslims who were with him. He would say: “When
you meet your enemies who are polytheists, invite them to three courses of
action. If they respond to any one of these, you also accept it and withhold yourself
from doing them any harm. Invite them to (accept) Islam; if they respond to
you, accept it from them and desist from fighting against them. Then invite
them to migrate from their lands to the land of the Muhajireen and inform them that, if they do so, they shall have all
the privileges and obligations of the Muhajireen. If they refuse to migrate,
tell them that they will have the status of Bedouin Muslims and will be
subjected to the Commands of Allah like other Muslims, but they will not get
any share from the spoils of war or Fai' except when they fight with the
Muslims (against the disbelievers). If they refuse to accept Islam, demand from
them the Jizya. If they agree to pay,
accept it from them and hold off your hands. If they refuse to pay the tax,
seek Allah's help and fight them. When you lay siege to a fort and the besieged
appeal to you for protection in the name of Allah and His Prophet, do not
accord to them the guarantee of Allah and His Prophet, but accord to them your
guarantee and the guarantee of your companions. When you besiege a fort and the
besieged want you to let them out following Allah's Command, do not let them
come out following His Command, but do so at your (own) command, for you do not
know whether or not you will be able to carry out Allah's behest about them”.
(Related by Sahih Muslim 3/1357-1358 Alhalabi and see Al-Ikhtiyar 4118, and
Fathul Qadeer 5/195, Hashiyatu Raddil Muhtaar 3/222, HashiyatudDusuqi 2/172,
JawaharulIklil 1/252, Al-Muhadhdhab 2/231, KashshafulQina 3/40 and Al-Mughni
8/361)
This is
also because of the hadith of the prophet (peace be upon him) in which he
recommended the leaders of the soldiers, “Call them (the Kuffar) to Shahadah (witness)
that there is no god but Allah so that they know by Da’wah that we are fighting them for causes of the Deen not for
plundering their wealth nor for taking their offspring as prisoners. So that
perhaps they accept (Da’wah) and then
we save from the burden of the fighting”. (With this meaning it has been
related above f/24)
The Malikis
state: calling Kuffar towards
(accepting) Islam is Wajib
(imperative) for three days continuously; once every day. If they refuse to
accept it, they will be called to pay jizya only once. If they do not accept
this too, they will then be fought. Once they are called towards Islam, it is
not Wajib(imperative) to call them
again in the rest of three days. [So calling them three times is ranked as Mustahabb (commendable) not Wajib(imperative)]. But if Muslims fight
them before the commencement of Da’wah
they will be sinners due to doing what has been prohibited, but no penalty will
be imposed on them for damaging the blood and money. The Hanafis are of the
same view. This is because they are not innocent but bereft of the [values] of
the Deen or because they are not in the protection of [Darul Islam]. So this
sin will be treated like that of killing their women and children [during
fighting]. (As-Sarakhsi 10/30 and Ibn Abidin 3/223)
This is in
the right of those whom the call (Da’wah)
has not yet reached such as the idolaters and so on. Similarly, if one of the
people of the book (Ahlul Kitab) whom the call has not reached as yet is found,
he will be called towards Islam before fighting.
As regards
those whom the call has reached such as the people of the book, the Majoos, it is not Wajib (imperative) to call them. The reason is that call has spread
and been common to them and hardly is there anyone whom the Da’wah has not yet reached.
Ibn Abidin
has quoted from Al-Fatah: the subject of the dominant probability
(Galba-e-Zann) is that they are those whom the call has not reached. (Ibn
Abidin 3/223)
Ahmed said:
Surely the call has reached and spread [all around]. However, if there is a possibility
of some people living behind the Rome and the Turks whom the Da’wah may not have reached, then in
that case it is impermissible to fight them before Da’wah. This is because
Sulaiman bin Buraidah narrated that the Messenger of Allah (peace be upon him)
said, “When you meet your enemy among the idolaters, then call them to one of
the three options or choices, whichever of them they respond to then accept it
from them, and refrain from them” (Related by Bukhari, this hadith has been
mentioned above) (Al-Mudawwinah 3/2)
Malik said:
if the warriors rush towards you before your calling them towards Islam, then
fight them. When asked about a nation who came to another nation intending to
kill them and take their money, Malik said, “invite them towards Allah and if
they refuse [to accept it], then there will be the sword [fighting].
(Al-Mudawwinah 3/3)
Yahya Bin
Saeed said: it is not unfair to seek the defect of the enemy day and night
because the Da’wah has reached them
and the prophet (peace be upon him) deputed some people to Khaibar, so they
killed their Amir Ibn Abi Al-Huqayq deceitfully. Similarly, this happens to a
nation that, if you sit in your land, they will come to you, and if you walk
towards them, they will fight you.
It is
narrated by Ibn Wahhab through Rabi’a that he said: If there are enemies whom
the Dawah has not reached, nor the
saying of the prophet (peace be upon him), they will be invited, Islam will be
offered to them, examples and lessons will be presented to them, the Qur’an
will be recited upon them, till the ‘uzr (excuse) becomes severe in their
da'wah and they refuse to accept it, then they will be informed of their faults
and negligence. After that, they will be warned and there is harm for Muslims
in it. (Al-Mudawwinah 3/3,4)
Ibn
Qudamah, one of the Hanbali scholars, said: the call before the fighting was
possibly Wajib (imperative) in the
initial stage before the advent of Islam and spread of the da'wah. As for
today, the Da’wah has spread
[everywhere] so the call is not required before fighting.
Ahmed said
the prophet (peace be upon him) used to call towards Islam before fighting till
Allah Almighty revealed the Deen and elevated Islam. I do not know today that
anyone is called [before fighting] because the Da’wah [call] has reached everyone. As for Rome, the Da’wah has reached them and they have
got to know what is intended from them. Undoubtedly the Da’wah was in early Islam, but if someone is called [before
fighting] today, there is no wrong with it. (Al-Mughni 8/361)
It is Mustahabb (commendable) to call [the Kuffar] before fighting to overstate the
warning. Sahl bin Saa’d narrated: The Messenger of Allah (peace be upon him)
said to Ali (May Allah be pleased with him) on the day of Khaibar, “Go to them
patiently and calmly till you enter the land. Then, invite them to Islam, and
inform them what is enjoined upon them, for, by Allah, if Allah gives guidance
to somebody through you, it is better for you than possessing red camels”
(Related by Sahihul Bukhari (Al-Fatah 7/476). However, while giving them da'wah
if there is any harm and a strong probability that they will get ready or
strengthen themselves for fighting, then it is not required to call them.
But the Dawah before fighting is not Wajib (imperative) because it is authentically
narrated that “the Messenger of Allah (peace be upon him) made a raid upon Banu
Mustaliq while they were unaware” (Related by Bukhari (Al-Fatah 5/170) and
Muslim 3/1356 from the hadith of Abdullah bin Umar) and the raid is not made
during Dawah. (SharhuFathil Qadeer
5/195, HashiyatuRaddil Muhtar 3/223, and Al-Muhadhdhab 2/231)
Ibn Qayyim
states that before fighting the Dawah
is Wajib (imperative duty) for those
whom it has not reached and Mustahabb
(commendable act) for those whom it has reached. But if the Kuffar aim at fighting against Muslims,
it is required of Muslims to fight against them without giving them any dawah
[call towards Islam] to defend their lives and women. (Kashshaf-ul-Qina 3/41)
Security [Amaan] during the War
25. The
origin of giving Amaan to the Kuffar
by the Imam or any leader of Muslims or seeking Amaan is permissible. But
sometimes it becomes haram (forbidden) or Makrooh
(condemned) if it leads to violating any Wajib
(imperative duty) or Mandoob
(commendable act).
The ruling
of Amaan is to provide the Kuffar
with security and protection from the killing, prison, taking their wealth as
booty. With the existence of Amaan, it is forbidden [haram] to kill their
people, seize their women and children and take their wealth as booty.
(Al-Badai’ 7/107, Al-SharhusSaghir 2/288, RadudatutTalibin 10/281, Al-Mughni
with Al-Sharah Al-Kabir 10/432)
This has been explained in the two terms of (Amaan) and (Musta’min)
Seeking Help from Non-Muslims to fight the
Enemy
26. There
is disagreement among the Jurists about the legitimacy of seeking help from
non-Muslims to fight against the enemy. The Hanafi and the Hanbali Schools hold
the view of its legitimacy. The Shaafi’is other than Ibn Munzir, Ibn Habib from
the Maliki School and a statement of Imam Malik refer to the permissibility of
seeking help from the non-Muslim if needed.
The
Shaafi’is and the Hanbalis make a condition that it is only when the Imam knows
about the good opinion of the non-Muslims and trust their not doing any
treason. The Shaafi’is add that the Muslims must be more in number so that they
can resist and fight these people in case of their treachery and those who are
being fought together.
Al-Marudi
stipulates that they [non-Muslims from whom help is being sought] should be
from those who disagree with the doctrine of the enemy.
The
Malikis, except for Ibn Habib, and a group of scholars including Ibnul Munzir
and Al-Jawzjani hold that it is not permissible to take help from any Mushrik
(polytheist). (Ibn Abidin 3/235, Al-Mabsoot 10/33, Fathul Qadeer 5/242,243,
Al-Hutab 3/352, Al-Mudawwinah 3/40, MughniulMuhtaj 4/221, RaudatutTalibin
10/239, Al-Mughni 8/414, and Kashshaful Qina’ 3/48)
The subject
of seeking help from the non-Muslims has been explained in the chapters of
‘Istia’anah’ (Seeking help) and ‘Ahlul Kitab’ (the people of the book)
As regards
hiring the Kafir for Jihad, the
Shaafi’is state that it is permissible to hire dhimmi, Musta’min and Mua’ahid.
As for the Harabi Kafir [the Kafir who is at war with Islam], he will
be hired only by the Imam, as it is permissible to take help from him, but he
will not be given any share from the war booty. Other than the Imam cannot hire
him, for this [the process of hiring Harabi
Kafir] requires more precaution and ijtihad. (Nihayatul Muhtaj 8/62, 63)
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