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Debunking Jihad of ISIS and Its False Theory That ‘Non-Jihadists Can’t Issue Fatwas on Jihad and Mujahid’ - Part 2

By Ghulam Ghaus Siddiqi, New Age Islam

23 November 2021

Refuting ISIS Principle ‘The One Who Avoids Jihad Has No Legitimacy to Issue Fatwas on a Mujahid’

Main Points

1.    Following the Muslim majority’s response, the jihadist organizations devised the bogus principle.

2.    The bogus rule “the non-Jihadists have no legitimacy to give Fatwas on a Mujahid” is not from the Islamic legal maxims [Fiqhi Qawaid] but an invented theory of ISIS and other Jihadists.

3.    The criteria of the mufti, that he be a fighter, a mujahid, or a resident of the frontier territories, were never specified by Muslim legal theorists and jurists.

4.    The Jihadists are not doing Jihad but an act of transgression.

5.    The Quran and Sunnah have made it clear to their followers that they must refrain from transgression in a variety of areas, including Jihad and war.


Representational Photo/ISIS)


Muslim Ulama and Fatwa experts from over the world have not only boycotted ISIS's so-called "Khilafah," but have also referred to them as Kharijites, after assessing their unlawful behaviour and narratives. Following the Muslim majority’s response, not just ISIS, but also other so-called jihadist organizations devised a bogus rule in the guise of jurisprudential rules, attempting to persuade the world that a mufti who does not participate in jihad has no legitimacy to give Fatwas on Jihad and Mujahid. To demonstrate this, they devised the following Arabic rule:

"لا يفتي قاعد لمجاهد"

 The one who remains [at home] has no legitimacy to give Fatwas on a Mujahid”

This rule means that a mufti who does not engage in jihad is ineligible to issue Fatwas or make comments on the subject of jihad or Mujahid. If a mufti issues a fatwa against ISIS or any of its Mujahids, his fatwa will be considered null and void, according to ISIS. Employing this rule, they also preach that only they have the authority to talk about Jihad, Mujahid, and the future of Ummah. This norm has been so ingrained in the minds of ISIS and other Jihadist outfits that they are not willing to listen to the counter-arguments offered by Muslim academics around the world, consequently abstaining from acts of violence.


Also Read:   Declare The ISIS As The Kharijites (Those Who Seceded From Islam) As This Article Demonstrates And Declares: Global SOS To The Ulama, Muftis, Intellectuals And Scholars Of Islam


This false rule is now used by almost every jihadist organization, and it has been countered by a number of well-known clerics and intellectuals in Syria, Iraq, and Egypt for a variety of reasons. In this episode, we'll discuss some key reasons, reminding our listeners that ISIS is an anti-Islamic organization whose goal is to tarnish the Islamic image, massacre Muslims, destroy Muslim countries, and force Muslims to flee their homes and migrate toward starvation and destruction. It is these individuals who, as part of the difficulty for Muslims living in non-Muslim majority nations, are sowing doubt among non-Muslims.

This rule, 'The one who remains [at home] has no legitimacy to give Fatwas on a Mujahid,' is not from the Islamic legal maxims [Fiqhi Qawaid], or the jurisprudential principles by which the truth is known, and it has no legal basis in the Qur'an or the Sunnah, and jurists have never used it as a criterion for distinguishing truth from falsehood.


Also Read:  Investigating and Refuting the Black Flag and Khorasan Narrative Propagated by IS and Al-Qaeda Jihadists


Knowing the difference between truth and untruth, as well as being correct in a fatwa, is based on inference and its procedures rather than participation in ‘Jihad’ or worship. Knowledgeable people have explained the conditions of a mufti, based on credible facts, and some of those conditions are as follows:

        Knowledge of the Quran, the Sunnah and the associated Sciences [Ulum] and Principles [Usul]

        Knowledge of all areas of the Consensus [Ijma'], doctrines, jurisprudential schools, and jurists’ viewpoints and disagreements

        Full understanding of the principles of jurisprudence [Usul al-Fiqh], Islamic legal maxims and norms, the purposes of Sharia, and the sciences that aid in understanding the Quran and the Sunnah, such as grammar, morphology, rhetoric, language, and so on.

        Knowledge of people's conditions, customs, the circumstances of the era, and its advancements, as well as their shift in what is based on a recognized custom [urf-e-aam] that does not contradict the text

        Possessing Jurisprudential qualification required for extracting legal decisions from texts.

        Consulting the experts and well-experienced scholars in many specialties in order to visualize the related issue, such as medical and economic issues


Also Read:   ISIS/Takfiris Are Friends of Satan, the Enemies of Allah and His Messenger, Foremost In Shirk, Hypocrisy and Apostasy and No Muslim Must Support Them in Any Form or Fashion


The criteria of the mufti, that he be a fighter, a mujahid, or a resident of the frontier territories, were never specified by Muslim legal theorists and jurists. Instead, the main rule declared that the words of an expert scholar were acceptable, while the statements of an ignorant scholar were not. It no longer matters whether a scholar or an ignorant person is from a certain region, location, or organization.

Many imams and jurists, including the four great Imams, were not among the conquerors. Despite this, the chapter on jihad, which they composed and issued Fatwas on, was and continues to be a cornerstone in Islamic jurisprudence and a reference for scholars of all ages.

Rather, the jurist or Mufti must have a thorough understanding of the issue on which he is giving fatwas and use that expertise to base the legal judgment. He also needs to be aware of the rules and judgments based on customs and culture that can change with time and place, as addressed by notable scholars of Shari'ah and Principles of Jurisprudence from various Schools, with multiple sections, rules, and situations, dealing with contemporary concerns in various branches and areas.


Also Read:   The Concept of God’s Sovereignty (Hakimiyyah): Extremist Islamists Vs Mainstream Muslims


There is no evidence in the Quran, Sunnah, or classical jurisprudential books of the entire fourteen hundred years of history that it is essential to fight in jihad in order to give a fatwa on jihad. As a result, it is completely correct to declare that jihadist rule is utterly ludicrous and without foundation, as it is not based on the Quran, Sunnah, or the fatwa-principles of any Imams.

In terms of the Jihadists' claim to Jihad, they are committing a transgression, not Jihad. If you examine all of the heinous terror assaults carried out by terror groups around the world and consider all of Allah Almighty’s obvious boundaries, you will come to the strong conclusion that terror groups that perpetrate atrocities in the name of Jihad and Islam are transgressors.


Also Read:   Did War-related Madani Verses Abrogate Makki Verses in the Sense of Not Allowing Peaceful Coexistence between Muslims and Non-Muslims?


Jihad is divided into two categories in Islam: Jihad by fighting [Jihad bil Qital] and Jihad by Nafs (inner spiritual struggle). Jihad by Nafs is a distinguishing element of Taqwa that can be done anywhere. Jihad by fighting, on the other hand, is the obligation of Islamic governments, as you are aware. Only an Islamic government can declare Jihad in this circumstance by fighting to defend its territory and inhabitants, including Muslims and non-Muslims, and to combat terrorism, violence, oppression, and other forms of persecution.

We live in modern democratic countries where religious freedom and security are guaranteed by the constitution and must be practically ensured. Fighting-based jihad should not be practiced in such democratic countries. What we can do here is wage Jihad by Nafs (Jihad al-Nafs), which is an inner spiritual battle against personal evil impulses, thoughts, lust, wrath, falsehoods, cunning, deception, fraudulent behaviour, prejudice, developing extremism, and retribution wants. Indeed, the practice of Jihad al-Nafs gives us spiritual strength to keep our minds at ease and allows us to have patience and endurance when confronted with the unintended repercussions of political, religious, or worldly conflicts.

Another idea of Islamic Jihad is fighting for religious rights and the safety of life under the banner of Islamic rule on the declaration of an Islamic government. This sort of Jihad cannot be undertaken with transgression.

The Quran and Sunnah have made it clear to their followers that they must refrain from transgression in a variety of areas, including war. Let us take a serious look at some of the key sections.

Allah Almighty says, “Do not exceed the limits, and Allah does not like the transgressors” (2:190).

According to the majority of classical Islamic scholars, God Almighty's command is Muhkam and not abrogated (Mansukh). They examine the typical norms of war, such as the prohibition on killing women, children, the elderly, monks, hermits, the chronically ill, and peasants, among other things, using this Divine decree.

Hazrat Ibn Abbas (may Allah be pleased with him) said, “The phrase “do not exceed the limits” renders “do not kill women, children, old men, or those who offer peace and restrain their hand. If you do that, you will have transgressed against them”. (Jamiul Bayan, vol. 2, p. 110-111, printed at Beirut Darul Ma’rifa)  

Whenever the Messenger of Allah (peace be upon him) dispatched a commander of an army, he would exhort him personally to fear Allah and prohibit transgression, killing of children, mutilation, and treachery. (Tirmidhi, Ibn Majah, Abu Dawud etc)


Also Read: Refutation of ISIS That Justifies Terrorism in 21st Century: Did the ‘Sword Verse’ 9:5 Really Abrogate Verses of Peace and Forbearance? Part -5


Hazrat Abu Bakar al-Siddiq used to instruct the army soldiers, “kill neither a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy’s flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone” (Muwatta Imam Malik p. 466)

Let us look at some more Quranic verses where Allah Almighty commands Muslims to avoid transgression.

Do not transgress. Indeed. Allah does not like transgressors” (5:87)

Pray to your Lord crying humbly, and softly; indeed He does not love the transgressors.” (7:55)

We seal over the hearts of the transgressors” (10:74)

...they returned towards Allah’s wrath; that was because they disbelieved in Allah’s signs and wrongfully martyred the Prophets; that was for their disobedience and transgression” (2:61)

And you had already known about those who transgressed among you concerning the sabbath, and We said to them, "Be apes, despised” (2:65)

O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything; then there should be a suitable follow-up and payment to him with good conduct. This is alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.” (2:178)

.... These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers” (2:229).


Also Read:   Refuting the Claim of ISIS ‘Islam Was Never for A day the Religion of Peace’


The whole verse deals directly with the problem of divorce (talaq), but like other verses, it also has wider applicability, implying that one should not go beyond Allah's limitations in any matter.

...And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself” (2:231)

And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment” (4:14)

...And do not let the hatred of a people for having obstructed you from al-Masjid al-Haram lead you to transgress. And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty” (5:2)

Let us pause here and reflect more deeply on this text, which urges us to cooperate in justice while avoiding cooperation in transgression and hostility. The believers are commanded not to transgress even against the people who have hatred against them.

 “And you see many of them hastening into sin and aggression and the devouring of [what is] unlawful. How wretched is what they have been doing.” (5:62)

O People who Believe! Do not forbid the pure things, which Allah has made lawful for you, and do not cross the limits; indeed Allah dislikes the transgressors.” (5:87)

And indeed do many lead [others] astray through their [own] inclinations without knowledge. Indeed, your Lord - He is most knowing of the transgressors.” (6:119)

In respect of the believers, they do not keep regard for any relations nor any pacts; it is they who are the rebels.” (9:10)

..Whoever crosses Allah’s limits has indeed wronged himself” (65:1)

We have seen massive destruction and enormous casualties as a result of several awful wars and attacks perpetrated by ISIS and other terror outfits. These are not the acts of Jihad mentioned in the Quran and Sunnah, but rather transgressions that can’t be justified by ‘Jihadists’.

First Part of the ArticleRefuting ISIS Concept of Caliph and Caliphate [Khalifa and Khilafah] – Part 1


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