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)
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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.
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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.
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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
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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.
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Also
Read: The Concept of God’s Sovereignty
(Hakimiyyah): Extremist Islamists Vs Mainstream Muslims
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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.
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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)
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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).
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Also
Read: Refuting the Claim of ISIS ‘Islam Was Never for A day the Religion of
Peace’
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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 Article: Refuting
ISIS Concept of Caliph and Caliphate [Khalifa and Khilafah] – Part 1
URL: https://www.newageislam.com/radical-islamism-jihad/jihad-isis-jihadist-fatwa-mujahid/d/125827
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