Is Permission from the State Necessary for Jihad?
The rules of Jihad are absolute and not conditional to anything, as mentioned in Quran, كُتِبَ عَلَيْكُمُ الْقِتَالُ “And fighting is enjoined upon you…” [Surah Al-Baqara 2:216]
Therefore, the obligation of Jihad has nothing to do with the existence of the Khalifah or the Islamic State. Jihad’s obligation will remain whether the Khalifah state exists or not. For some time, the West has been trying to sow confusion in this matter because it is afraid of the pro-Jihad emotions carried by the Muslims. This is the reason why the West could not rest even after occupying Muslim lands completely, having faced stiff resistance, which continues to this day. So the West tries to repeatedly spread propaganda that Jihad is not permissible without a ruler and Jihad requires the permission of the Khalifah or the ruler of the time. Some of the Muslims were smitten by this propaganda and consented to the consequences. Some even declared Jihad without the permission of the rulers as Haraam (Prohibited), although the ruling elite consisted of American agents, like Musharraf and Karzai. Why would these rulers allow any resistance against the US? This is how America made a failed attempt to limit the resistance against them, by linking Jihad to these rulers. It should be clear that the Ummah does not have any Shari contract with these rulers for ruling. In the absence of a Bayah for ruling by Islam, the current rulers are not legitimate rulers according to Sharia, whose obedience is mandatory. Indeed, they are usurpers of the rule. In Islam, a ruler is lawful only when the Ummah contracts obedience to him on the condition that he would implement Islam upon them. Therefore, none of these rulers is to be obeyed, or that he could forbid us from fighting against America or that we would need their permission for waging defensive jihad. The rulers of Pakistan removed Ayaat of Surah at-Tauba from the education curriculum under American instructions so that the resistance against foreign occupation weakens in the minds of the new generation. In history, the British cultivated groups within Muslims, who in turn proclaimed loyalty to the British Crown by denying Jihad. Their current generations still continue this effort, with the Qadiyanis, carrying the nullification of Jihad as a core idea, taking them outside of the fold of Islam, along with their denial of the Finality of Prophethood.
Thus, the obligation of Jihad is neither conditional upon the existence of Khalifah, nor connected to the permission of any current ruler because the rules of Jihad in Quran and Sunnah are absolute and cannot be constrained or altered. However, it should be clarified here that although the obligation of Jihad is not conditional upon the existence of an Islamic authority, if a Khalifah is contracted according to Shariah, the organization of Jihad is determined by the Khalifah, just as other collective obligations are organized through him. The Khalifah will organize Jihad according to his Ijtihad, even if he is oppressive or unjust, but whilst he is in his post, it remains solely his responsibility. It is compulsory for the citizens to follow his opinion. Abu Dawood narrated from Abu Huraira that RasulAllah ﷺ said, «اَلْجِھَادٌ وَاجِبٌ عَلَیْکُمْ مَعَ کُلِّ اَمِیْرٍ بَرًّا کَانَ اَوْ فَاجِراً» “Jihad is obligatory upon you with every Ameer, whether oppressive or unjust.” This however, does not mean that the obligation of jihad is lifted in the absence of the Khilafah State. It is mandatory for the Khalifah that he leads the army and directly takes control of its affairs. It is not allowed for him to be just a symbolic commander in chief.
Smaller (Asghar) Jihad and Greater (Akbar) Jihad
It has widely been spread among Muslims that to fight against the non-Muslim enemy is smaller Jihad, whereas to fight against one’s own self is bigger Jihad. A Hadith of RasulAllah ﷺ is generally presented as evidence,«رَجَعْنَا مِنَ الْجِھَادِ الْاَصْغَرِ اِلَی الْجِھَادِ الْاَکْبَرِ» “We have moved from smaller Jihad to greater Jihad.” They asked, “What is bigger Jihad”? Prophet ﷺ replied, “This is Jihad against one’s own self.” The ascribed of Hadith is rejected both in narration and meaning. In narration, this hadith is fabricated. Hafiz Al-Iraqi and Ibn Hajr Al-Asqilani, who are experts in the knowledge of Hadith, say that this is not a Hadith of RasulAllah ﷺ, rather a saying of a person named Ibrahim Ibn Abi Eela. Imam Suyuti has also rejected this “hadith” in his famous compilation Al-Ma’jam Al-Sagheer. Moreover, in meaning, this contradicts the rules of Quran and Sunnah which regard the Jihad against non-Muslim enemy as the best of actions. Mua’d Ibn Jabl have narrated that he ﷺ said,«رَأْسُ الْأَمْرِ الْإِسْلَامُ وَعَمُودُهُ الصَّلَاةُ وَذِرْوَةُ سَنَامِهِ الْجِهَادُ» “Fundamental matter is Islam, Salah is its pillar and Jihad in the way of Allah is its peak” (Tirmidhi).
Actually the objective of propaganda regarding greater Jihad and smaller Jihad is to make people content with abandoning the obligation of Jihad. It provides them with a false hope that they do not need Jihad in the way of Allah, if they just keep away from drinking, adultery, lying and betrayal.
Fighting between Muslims is not Jihad
Fighting between Muslims is not Jihad nor is there any martyrdom in it, although the reward like that of martyrdom is possible when one party supports truth and the other supports falsehood, such as the fighting by the Islamic Khilafah State against Muslim rebel. Yet, this fight is not Jihad and the one dying in it is not considered a Martyr (Shaheed) though there is reward similar to it. The rules pertaining to this fight are distinct from Jihad and there is neither war-booty within it nor can anyone be enslaved. Similarly, to fight against a usurper of authority, who becomes a ruler by force, deposing him by using force is called Khuruj. Khuruj is also not included in Shariah Jihad. Similarly if a Muslim is attacking the life, wealth or honor of another Muslim, then the other Muslim has the right to defend himself, but it is also not Jihad. Therefore Jihad is only fighting against the non-Muslims to raise the Word of Allah (swt) as the highest, while fighting against the Muslims is not Jihad, even if it is correct according to Islam. The definitions of Jihad written by scholars have clearly mentioned the condition of fighting against non-Muslims. Thus, Khuruj and defending one’s life, wealth and honor have not been discussed by scholars in the chapters of Jihad.
Asides from the above mentioned exceptions, fighting between Muslims is Fitnah and the dead on both sides are bound for Hellfire. Messenger of Allah ﷺ said, «إِذَا الْتَقَى الْمُسْلِمَانِ بِسَيْفَيْهِمَا فَالْقَاتِلُ وَالْمَقْتُولُ فِي النَّارِ فَقُلْتُ يَا رَسُولَ اللَّهِ هَذَا الْقَاتِلُ فَمَا بَالُ الْمَقْتُولِ قَالَ إِنَّهُ كَانَ حَرِيصًا عَلَى قَتْلِ صَاحِبِهِ» “When two Muslims fight each other, the killer and the killed both are in hellfire. Sahabah asked: O Messenger of Allah! For killer it is so, but why will the killed be in hellfire? He ﷺ replied: This is because he wanted to kill his Muslim brother.” (Bukhari). Life, wealth and honor of all Muslims are unlawful for another Muslim, except with a Sharai evidence. In case of a conflict between two Muslim groups, the responsibility of Muslims is to revert them to obedience of Allah. Allah (swt) said, وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِن فَاءتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ “If two groups of the believers fight each other, seek reconciliation between them. And if one of them commits aggression against the other, fight the one that commits aggression until it comes back to Allah’s command. So if it comes back, seek reconciliation between them with fairness, and maintain justice. Surely Allah loves those who maintain justice.” [Al-Hujrat: 9].
Therefore Muslims fighting Muslims is Fitnah, as occurred in the Iraq-Iran war or in the war between the Pakistan Army and those tribal militias who attacked the army all over Pakistan.
In the recent situation, when the treacherous and agent rulers of Pakistan, under the influence of non-Muslims, used Muslim troops against Muslim mujahideen and in response the Jihadi factions attacked these armies, it created an atmosphere of Fitnah for the Muslims. It is obligatory upon Muslims to revert both these groups to the rule of Allah (swt). And the method for it is to uproot these rulers following the Method of RasulAllah ﷺ and establish Khilafah and then eject America from the region by giving the responsibility of Jihad to these Muslim armies.
In Islam, Qisas is against an individual and not against an institution. So whosoever transgressed, Qisas will be taken from him. Shariah has given detailed rules and it cannot be left to the will of public. Taking revenge from Muslims outside the battlefield in cantonments and various institutions, because they are indirectly linked to this massacre, is also incorrect evidence. If this logic is assumed to be correct, then every citizen can be declared a facilitator in this war because he is forced to pay tax to the state, which is then utilized by these treacherous rulers for previously sending the Pakistan army into the tribal areas. Even the mujahideen are contributing to it in the form of indirect taxes to these traitors, by using mobile phones and paying utility bills. Both the army and the Muslims of the frontier tribes are assets of this Ummah. Killing more army personnel or fighters is not the solution but a service to kaffir crusaders.
Jihad is not the Method to Establish the Khilafah State:
As mentioned earlier, Jihad is the pride and peak of Islam, and it is a great obligation and carries immense reward. Similarly, the obligation of the re-establishment of the Khilafah is a foremost obligation. It is the foundation of establishing Islam. It will resume capital punishments, and Jihad will return to its original reality; life, wealth, creed, honor and land of Muslims will be protected and Muslims will once again assume leadership of the world. However, it is important to elaborate that these two obligations are separate from each other. Each has distinct requirements, methods, resources and styles. As far as establishing the Khilafah is concerned, its methodology is extracted from the life of RasulAllah ﷺ in Makkah, when the first generation was busy in trying to establish an Islamic State, a land of migration. In this era, RasulAllah ﷺ explicitly forbade armed conflict and when he ﷺ was asked for permitting it, he ﷺ elaborated the method of it by saying, «إِنَّا لَمْ نُؤْمَرْ بِذَلِكَ بعد» “It is not allowed yet.” At-Tabaqaat for Ibn Saad. Indeed, all the Sahabah (ra) were definitely more honorable and deserving of more respect than all other Muslims. Yet, RasulAllah ﷺ only carried out intellectual and political struggle. He ﷺ never responded with material (armed) response to torture, boycott, propaganda, threats, murders and defaming. Eventually he ﷺ established a state in Madina by seeking Nussrah, convincing the people of power, establishing public opinion through Mus’ab bin Umair (ra). In contrast, Jihad fundamentally employs uses of sword, horses, bows and arrows, with the current contemporary means including fighter jets, bombs, missiles, tanks and tactical nuclear weapons. Jihad is not carried out through protests, press conferences, seminars, peace conferences and dialogue. Jihad is carried out in battlefield as the Prophet ﷺ carried out in Badrr, Uhud, Khandaq, Mu’tah, Tabook and other wars. Therefore Muslims cannot achieve their objectives by mixing these two obligations.
Today some scholars, who are associated with Jihad, have declared armed struggle against rulers of Muslim world, as the method to establish Islamic State. They use the nomenclature of “Jihad” for this armed struggle, and include all those people in rulers who are part of the government setup. Their thought is based on the following four assertions.
1- Current rulers have defected from Islam. These rulers are implanted according to colonial plans, and their Islam is only symbolic, whether they apparently pray and fast, but actually they have defected from Islam. Hence peace is for Muslims only and Jihad is for non-Muslims and apostate rulers. Therefore fighting them is allowed.
2- The principle, (ﻤﺎ ﻻ ﻴﺘم اﻟواﺠب إﻻ ﺒﻪ ﻓﻬو واﺠب) “Whatever is required to accomplish a Wajib, is itself a Wajib”. According to them, since establishing Islamic State is an obligation; therefore, anything required to accomplish this obligation becomes an obligation itself, even if it is fighting the rulers.
3- Evidence of Occupation. Colonialist states have actually occupied our countries and these rulers are their agents. So as Jihad becomes obligatory in the case of non-Muslim occupation, similarly, fighting these rulers is obligatory, as they are representing occupying forces.
4- Evidence for explicit Kufr: They mention the saying (Fatwa) of Qadhi Iyad where he said, “If the ruler insists on implementing Kufr, changing the Sharia and innovating traditions, then his obedience is ineffective and it is necessary to rebel against him, remove him and replace him with a just ruler, if possible.” Since these rulers have carried out these actions and are not willing to give up their authority and have large armies to protect their rule; therefore, there is no other way to establish the Islamic State except fighting them.
As far as these evidences are concerned, their brief responses are as following.
1- Evidence of apostasy: The evidence of apostasy is actually taken from verse 44, 45 and 47 of Surah Al-Ma’ida which mean that whoever does not rule by what Allah (swt) has revealed that they are unjust, sinners and infidels (kafirs). Indeed this is a clear verdict from Allah (swt). According to the explanation of these verses by Ibn Abbas, anyone who denies any definite rule of Quran in Shariah is an infidel, and anyone who says that rule of Allah (swt) should not be implemented is an infidel, and anyone who says that man-made law is better than rule of Allah (swt) is an infidel, and anyone who does not deny the rule of Allah (swt) but says that it is allowed to implement something from other than rule of Allah (swt), then he is an infidel because he is not limiting the rule to Allah (swt), even if he says that rule of Allah (swt) is better. However, if someone rules and judges from other than the rule of Allah (swt) but he does not believe in the rule of kufr rather detests it, this is “Kufr other than Kufr” which means this is kufr but somewhat less than kufr. However, indeed it is a great sin and definitely forbidden. Hence he will be called unjust and sinner but not an infidel. Moreover, definite evidence is required to prove apostasy. In a hadith narrated by Ubadah Ibn Samit, the Messenger of Allah ﷺ said, «إِلَّا أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنَ اللَّهِ فِيهِ بُرْهَانٌ» “… except when you see explicit Kufr for which you have an explicit evidence from Allah”. Explicit evidence means definite proof. Therefore, declaring apostasy of all rulers, their ministers, advisers and all senior officials with a stroke of the pen is not correct.
2- The principle of “Whatever is essential for a wajib…” is a general principle and this can only be used when there is no direct evidence about the reality for which the ruling is being extracted. Hence the principle cannot be used when a direct evidence exists. Since there exists a detailed methodology in the Seerah pertaining to establishing an Islamic State, use of this principle for the same is not correct. Therefore to uproot the rulers implementing Kufr and replace them with a Khalifah having authority according to Sharia, the rulings derived from the Seerah must be followed. They do not allow material struggle. He ﷺ did not allow any sort of material struggle in the effort to establish the Islamic State in Madina. Therefore, even today, we are bound to follow the rulings of intellectual and political struggle and the seeking of Nusrah for establishing an Islamic State. Violating these rulings is similar to violating rules of Sharia.
3- The evidence of occupation is based on the understanding that these rulers are acting as agents of non-Muslims and non-Muslims colonialists have established their control on Muslim countries, which individually obligates the defensive Jihad on Muslims. The error in it is misunderstanding the reality i.e. the reality of the control of colonialism. If their control is military, then it is a military fight against an army. However if the reality of their occupation is not military but political and economic neo-colonialization, then the required action is different. Hence the question arises that is the reality of Pakistan similar to the reality in Palestine and Afghanistan? In countries like Palestine and Afghanistan, armies of non-Muslim countries destroyed Muslim authority to establish military occupation, whereas their control on countries like Pakistan, Turkey and Egypt is due to political influence, and not due to military occupation. The security in these countries is still in the control of Muslim armies and non-Muslims only have political influence here. The Muslim armies exist in these countries in reality and security is in their control.
In this situation, instead of ending the political influence of these non-Muslim states and convincing these Muslim armies to implement rules of Islam, killing our own Muslim troops and destroying state infrastructure are sins and harm. Islam again solves this problem through the Method of RasulAllah ﷺ which teaches us to expose the plans and schemes of colonialism, along with the conspiracies of these agents with non-Muslims through political struggle in the public domain. This results in weakening of colonialist influence through the weakening of these agents in front of people. The last nail in the coffin of their evil rule is the seeking of Nussrah from people of authority, such that those sincere in the people of authority give their support in establishing the Khilafah by uprooting this system. Thus, the vast resources of the state are utilized by the authority of the Khalifah, including the strong command of Muslim armies, which are being exploited nowadays by colonialists through these agent rulers.
4- As far as the evidence of explicit Kufr is concerned, these evidences have been used out of context because the evidences commanding the use of the sword against the ruler are for an Islamic land, not for an un-Islamic land. The Ahadith are clear in the matter that an Imam is being followed when the rule of disobedience is being given due to explicit Kufr. The obedience is only for the Imam who has contracted legally. Moreover these Ahadith forbid using the sword whilst “he is establishing Salah (meaning Sharia),” which takes place only under a Khalifah. Therefore, applying a rule pertaining to Dar ul Islam to an Abode of Kufr is a clear mistake.
Moreover, studying the “Jihadi method” shows that this “method” is contrary to the method of the RasulAllah ﷺ i.e. changing false ideas, thoughts and emotions of society and winning over the people of power through Dawah. Consequently, those following the “Jihadi method” are convinced on using force, coercion, compulsion and punishments to implement system. Hence this “method” is incorrect from both Shariah and reality angles. It appears that this “method” is adopted by some Muslims, as a reaction to the horrible and horrific atrocities of non-Muslims upon Muslims, who desire to respond the brick by stone due to intensity of Islamic emotions, but are justifying this “method” through Sharia evidences after adopting it. To run any state, it is required to have a clear picture of its systems and people who understand them completely. Alas, those desiring change through Jihad neither present any Islamic system nor any team with political acumen and vision capable of running the Khilafah State. These Muslims also lack the deep study of circumstances and events as a result of which sometimes they would announce “Imarah” in one town and another time advertise the officials and leaders of the “Islamic Imarah” in another village, under the control of occupying forces. Indeed, Jihad is a great obligation and the best of actions. However, confusing it with other obligations results in incorrectly fulfilling any obligation according to Sharia.
Invitation to Islam is the center of the foreign policy of the Islamic State and Jihad is its practical method
The basis of the foreign policy of the Khilafah State is to present Islam to the entire world. This was the foreign policy of the Khilafah State which lasted for 1300 years. It is only a matter of time before it returns to the international arena. Allah (swt) said, وَمَا هُوَ إِلَّا ذِكْرٌ لِّلْعَالَمِينَ “And it is nothing else but a Reminder for all the worlds” [Al-Qalam: 52]. And He (swt) said, وَمَا أَرْسَلْنَاكَ إِلَّا كَافَّةً لِّلنَّاسِ بَشِيرًا وَنَذِيرًا وَلَكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ “We did not send you (O Prophet) but to the entire mankind, as a bearer of good news and as a warner, but most people do not know” [Saba: 28].
It is clear from these verses that Islam is for all of humankind, not just for Muslims. Therefore, presenting this blessing to other nations is our responsibility. After the establishment of the Khilafah, it is obligatory upon the Khaleefah to remove any state or authority which stops the Islamic Dawah from reaching people, even if it requires use of force. Therefore presenting the Islamic Dawah is the basis of mutual relations of the Khilafah state with other states. Moreover, practically implementing the system of Islam on non-Muslims is the optimal way of presenting Islam to them. Hence, the organized offensive Jihad, with aforementioned evidences, under the Khilafah is the practical method spreading the system of Islam and presenting Islam to non-Muslims, by placing it in front of them its practical shape. The responsibility of the Khilafah state is to implement Islam internally and extend it to the world through Dawah and Jihad. This is the objective and justification of this state.
Jihad is a great responsibility upon this Ummah to free humankind from brutality. Today a Hindu of Shudar cast or Harijan is forced to live worse than an animal in India. An ordinary citizen of Europe is suffering from the capitalist system and 30% to 50% of his wealth goes to a small capitalist elite in the name of tax. Women have become an objectified market commodity in the name of freedom in the West. In the midst of all of this, who will free all these humans from such oppression? Should we leave them to this suffering on the basis of the false principle of “peaceful co-existence”? Never! Islam advises us to liberate them from this subjugation, which is only possible when they are given their rights through the implementation of Islam, the system which liberated man from the slavery of man 1400 years ago. Islam gave rights to women, slave and weak and lifted the weak from poverty. Today, again in this modern day backwardness, Islam will liberate people from an animalistic life. This is why the Khilafah state carries out Jihad to bring mankind out of this darkness. Jihad is not to force the non-Muslims into Islam; rather, it is to end this Kufr system which oppresses man. Allah (swt) has clearly mentioned that non-Islamic laws are the cause to oppression. Allah (swt) says, وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ “Those who do not rule by what Allah has revealed, they are the oppressors” [Al-Maida: 45]
Therefore if we are really worried about mankind, then we should start the organized Jihad through establishing Khilafah Rashida, which will spread the system of Islam and save mankind from the oppression of the Kufr system.
Today, Jihad is not carried out as it should be and “offensive Jihad” cannot even be imagined, as there is no Khalifah ruling over the Ummah today. The Khalifah will resume Jihad from where it was left in the time of the Ottoman Khilafah so that, this time, the Muslims open Europe and America as well for Islam. According to the glad tidings of RasulAllah ﷺ, there will not remain any cottage or house where Islam will not enter, giving respect to the respectable through accepting Islam and giving humiliation to the dishonored through paying Jizya. The system of Allah (swt) will dominate the East and the West inshaaAllah. Indeed this action is better than this world and everything in it. Allah (swt) said, هُوَ الَّذِي أَرْسَلَ رَسُولَهُ بِالْهُدَى وَدِينِ الْحَقِّ لِيُظْهِرَهُ عَلَى الدِّينِ كُلِّهِ وَلَوْ كَرِهَ الْمُشْرِكُونَ “He is the One who has sent down His Messenger with guidance and the Deen of Truth, so that He makes it prevail over every other Deen, no matter how much it is resented by the Idolaters.” [At-Tawbah 33].
Mohammad Imran – Pakistan
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