Sunday, December 7, 2008

Notes on Jihaad Fi'Sibilillaah

Dr. Aboo Anas Muhammad Moosaa Aal Nasr (hafidhahullaah) stated: “Leaving Jihaad is a calamity from the greatest calamities of this Ummah as Jihaad is a great honour of Islaam. There is not a people that are invaded within their own lands except that they are humiliated and debased. Allaah made the honour of this Ummah with its struggling in the cause of Allaah and He made its sustenance under the shade of its swords and spears. Allaah commanded us to hasten to pleasant and unpleasant situations and that Jihaad is what the soul is constantly informing you of and of the soul’s best wishes, as he (sallallaahu alayhi wa sallam) said, “Whoever dies and did not take part in a Ghazwah and did not motivate himself to take part in a Ghazwah dies on a branch of hypocrisy.” Thus, leaving Jihaad whilst having the ability to perform it is a branch from the branches of hypocrisy, and Allaah’s refuge is sought.

However, it is incumbent to distinguish between the Jihaad that is divinely legislated and has conditions and rules and the fanatical exuberant agitation that includes sabotage, destruction and bombings in the lands of the two holy sanctuaries and the Muslim countries. These are actions from the thought of the Khawaarij and the Takfeeree groups those who our scholars have elucidated about past and present….” [Taken from ‘The Decisive Word on the Factors of Victory and Establishment’]

Shaykh Muhammad Nasr Deen al-Albaanee (rahimahullaah) said regarding the establishment of an Islaamic state and Jihaad: “It seems that these people do not distinguish between one Jihaad and another. They do not distinguish between Defensive Jihaad which means that the Muslims have been attacked in their lands. So it is upon the Muslims all of them even the women to each stand upright with what they are able to do in terms of Jihaad to defend themselves against the enemies who have attacked them from inside their own land. Here there is no mention of having an Ameer or the obligatory preparation that the Muslims establish. However, the (other) Jihaad which we say has to have a leader, a person in charge, to be in preparation for – in the two types of it. The first being the ma’nawee (spiritual) and the second being the maadee (material). The Jihaad that is referred to is to pass on the Islaamic call from a Muslim land to a non-Muslim land. So therefore in reality they mix Shaabaan with Ramadhaan. They mix the Fard al Ain (that which is obligatory on everyone) with the Fard al Kifaayaa (that which is obligatory on some but not all). The first Jihaad which I have mentioned earlier which is a defense of the Muslim country that has been attacked then this is Fard ‘Ain on every Muslim. As for the other Fard al Kifaayaa which is obligatory upon a group of the Muslims and not every single one amongst the Muslims. If you know this explanation then all of their proofs become futile which they use to refute those who say there is no Jihaad (until there is preparation etc.) from the type that refers to the passing on the Islaamic Call from the land of the Muslims to the land of the disbelievers. Referring to fighting… the disbelievers, this type must have preparation and organization, and every way from the ways that results in victory over the disbelievers and Allaah does not place a burden upon a soul more than it can bear… These (people) have been deluded that we reject Jihaad in general and that we pre-condition for it the appointment of an Ameer or leader, when rather we distinguish between this Jihaad and the other Jihaad.” [Taken from Shaykh Al-Albaanee’s tape entitled ‘Rad ‘ala Shubuhaat Kitaab al Umdat part.1 no.90/016]

Shaykh Abdul-Azeez ar-Ra’ees, (hafidhahullaah) said, “What is certainly established and verified is that Jihaad of dafa’ (self-defense) and of Talab (to extend the domains of Islaam) are two matters which are Divinely Legislated and whoever denies their Divine Legislation has left Islaam and expelled themselves from the religion. This is because whoever denies something that is well-established in the Book of Allaah and the Sunnah of His Messenger (sallallaahu alayhi wa sallam) but it is important to know that these forms of Jihaad have specific times, conditions and intents for which they were Divinely Legislated. Pay attention to the following points:

First Point: Jihaad against the enemy and physically fighting against them is legislated in the Divine Legislation due to other corroborating evidences not on its own merits, which is establishing the Deen of Allaah in the earth as Allaah said,

“And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allâh) and the Deen (worship) will all be for Allaah Alone [in the whole of the world]” [al-Anfaal (8):39]

Ibn Jareer at-Tabaree said: “Fight them until there is no shirk and until none but Allaah is worshipped without partner and so that calamity is raised off the servants of Allaah in the earth which is tribulation (Fitnah), and so that deen is totally for Allaah.”

He also said: “And until obedience and worship is all for Allaah sincerely and not for anyone else other than him. The people of interpretation have also said as we do.”

Then he mentioned who said that and transmitted it with a chain of transmission from Ibn Abbaas, Hasaan, Qataadah, Suddee, Ibn Jurayj and others (rahimahumullaah). [Tafseer, Vol.9, p.162]

Aboo ‘Abdillaah al-Qurtubee said: “This verse and the hadeeth indicate the reason for fighting is kufr as Allaah said “….until there is no Fitnah…” Meaning: kufr and made the main aim to be avoiding kufr and this is clear.” [Tafseer, vol.2, p.354]

Ibn Daqeeq al-Eeid said: “This is because Jihaad is a means to advertising the deen and spreading it, and it also subdues kufr and destroys it so its virtue is on account of the virtue of that. [Fath ul-Baaree (Kitaab ul-Jihaad, Chapter on the Virtue of Jihaad)]

Shaykh Abdur-Rahmaan as-Sa’dee said in his Tafseer: “Then Allaah, The Exalted, mentioned the intent of fighting in His way and the intent of it is not merely to spill the blood of the kuffaar and to take their wealth. Rather. The intent of it is so that the deen will all be for Allaah and so that the deen of Allaah will be manifest and over the other ways of life. It also intends to push back all aspects of shirk which oppose the deen, and this is the main intent of ‘Fitnah’. So if this intent is not realized there is neither killing nor fighting.”

In the hadeeth of Abee Moosaa he said “The Messenger of Allaah (sallallaahu alayhi wa sallam) said: “Whoever fights so that the word of Allaah becomes the most high then he is in the way of Allaah.”

Ibn Taymiyyah said: “The punishment for abandoning the obligations and performing prohibition is the intent of Jihaad in Allaah’s path.” [Majmoo al-Fataawa, Vol.28, p.308]

Ibn Qayyim said: “Due to it (i.e. Tawheed) the swords of Jihaad are unsheathed.” [Zaad ul-Ma’ad, vol.1, p.34 and A’laam ul-Muwaqi’een, vol.1, p.4]

So if the intent of Jihaad is legislated on its own merits it would not allow the taking of jizyah as Allaah said:

Fight against those who believe not in Allaah, nor in the Last Day, nor forbid that which has been forbidden by Allâh and His Messenger and those who acknowledge not the religion of truth (i.e. Islaam) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.” [At-Tawbah (9):29]

In the hadeeth of Buraydah (radiyallaahu anhu) in Saheeh Muslim: The Messenger of Allaah (sallallaahu alayhi wa sallam) if he instructed an army general or sent someone on an expedition he would exhort him to have in his character Taqwaa of Allaah and to be good to those Muslims fighting with him. Then he said, “Do battle in the name of Allaah in the path of Allaah; fight those who disbelieve in Allaah. Do battle and do not exceed the limits, do not depart (from the battle), do not mutilate and do not kill young children. When you meet your enemies from the Mushrikeen call them to three virtues; mention Islaam to them and if they do not accept it then the jizyah (must be paid by them to the Muslims) and if they do not pay it, then fight.”

Second Point: If it becomes clear that the Divinely Legislated Jihaad is legislated due to other corroborating factors, which is establishing the deen of Allaah in the earth, before calling to it (Jihaad) there must be presence of the Divinely Legislated detailed fiqh along with deep and lengthy analysis. So will calling via this means lead to the intended aim (establishing the deen of Allaah) or not?

From the particular affairs in comprehending the condition of the Muslims is that if they are weak due to their numbers or due to their lack of preparation in relation to their enemies it is not correct for them to tread the path of armed Jihaad against the enemy due to their condition of weakness. What makes this apparent is the fact that Allaah did not instruct His Messenger (sallallaahu alayhi wa sallam) and the Companions (radiyallaahu anhum) to fight the kuffar when they were in Makkah due to their weakness in number and in readiness in relation to their enemies. Ibn Taymiyyah said:

“It was instructed to abstain from fighting them due to his inability and the inability of the Muslims, then when they migrated to Madeenah and gained assistance, Allaah permitted him to make armed Jihaad and then when they grew in strength Allaah prescribed for them fighting and did not prescribe fighting for them for their own safety as they were not able to fight all of the kuffaar. But when Allaah opened up Makkah for them and halted fighting against the Quraysh and the kings of the Arabs and a delegation of Arabs came into Islaam, Allaah instructed the Prophet (sallallaahu alayhi wa sallam) fighting all of the kuffaar except those who had a temporal bond of agreement and Allaah instructed him to annul those absolute agreements and that which annulled it was leaving fighting.” [Al-Jawaab as-Saheeh, vol.1 p.237]

He also said: “The reason for that tax upon them is only when the deen is manifest and raised such as Jihaad and their adherence to paying the jizyah and subjugation. So when the Muslims were in a state of weakness in the beginning the duty (which the non-Muslims pay to the Muslim state) was not Divinely Legislated, only after the deen had been completed and manifest was that Divinely Legislated.” [Iqtidaa’ as-Siraat ul-Mustaqeem, vol.1, p.420]

Then he said: “This was the result of patience and consciousness of Allaah which Allaah instructed (the Muslims to have) at the very beginning of Islaam and during that time jizyah was not taken from any of the Jewish community, or other non-Muslim communities, who were living in Madeenah. Those verse applicable to every Muslim in a state of weakness who is not able to aid Allaah and His Messenger with his hand or via his tongue (i.e. by speaking), but could help by using what he was able to by his heart and the likes. The verses about subduing those non-Muslims who have contracts with Muslims are applicable to every strong believer who is able to help the deen of Allaah and His Messenger with his hand and tongue. It is with these verses that the Muslims were applying during the last epoch of the Messenger of Allaah (sallallaahu alayhi wa sallam) and during the epoch of his rightly guided caliphs. And thus it will be until the Day of Judgement as there will never cease to be a group from this Ummah who are well established on the truth who help Allaah and His Messenger with complete help. So whoever from believers is weak in the earth or weak in the time in which he is living in, must apply those verses of the Qur’aan which mention patience and forgiveness against those who are seeking to harm Allaah and His Messenger from those who were given the scriptures prior and also from the polytheists. As for those people who are in a state of strength then they are to apply the verses regarding fighting the leaders of kufr who slander the deen, They are also to apply the Qur’anic verses regarding fighting those who were given the scripture prior until they pay the jizyah and are subjugated.” [As-Saarim al-Maslool, vol.2, p.413]

Shaykh Abdur-Rahmaan as-Sa’dee (rahimahullaah) said: “These verses include the order to fight in the way of Allaah and this was after the hijrah to Madeenah. So when the Muslims become strong Allaah instructed them to fight, after they were instructed to abstain from it.” [Tafseer, p.89]

He then said: “And from it: is that if fighting was obligated upon them, with their small numbers and many enemies, that would have led to Islaam disappearing. Some of the believers held that fighting during that condition was improper. What is actually suitable in such a period of weakness is to establish what Allaah has instructed from Tawheed, prayers, giving zakaah, etc. As Allaah said,

“But if they done what they had been instructed to do it would have been better for them and would have strengthened (their faith).” [An-Nisaa (4):66]

So when they migrated to Madeenah and Islaam became powerful, Allaah prescribed fighting for them at the suitable time.” [Tafseer, p.188]

Shaykh Muhammad bin Saalih al-Uthaymeen (rahimahullaah) said: “There is a necessary condition within this which is that: the Muslims have ability and power that enables them to fight. If they do not posses the power yet put themselves forward to fight, they will be destroyed. For this reason, Allaah did not obligate the Muslims to fight whilst they were in Makkah as they were unable due to their condition of weakness. But when they migrated to Madeenah and established the Islaamic state they assumed power and were instructed to fight. Based upon this there is no escape from this condition and if not the remaining obligations would be redundant as all of the obligations have the condition of ability based on Allaah’s saying,

‘Fear Allaah as much as you can…” [Taghaabun (64):16]

And Allaah’s saying, “Allaah does not burden a soul more than it can bear…” [Baqarah (2):286]” [Sharh ul-Mumti’, Vol.8, p.9]

Then Shaykh Uthaymeen (rahimahullaah) said in response to a question related to the Islaamic society’s need for Jihaad in the path of Allaah which asked: “The virtue of Jihaad and its lofty status in the Divine Legislation of Islaam is in order for the deen to be entirely for Allaah. In addition to this I ask is fighting obligated or permissible without being prepared for it.”

The answer from Shaykh ‘Uthaymeen (rahimahullaah): “It is not obligated and it is not permissible without being prepared for it. Allaah did not obligate on His Prophet (sallallaahu alayhi wa sallam) whilst he was in Makkah to fight the Mushrikeen and permitted His Prophet in the Treaty of Hudaybiyyah to make an agreement with the Mushrikeen. This was an agreement which if a person read would think that within it was a setback for the Muslims. Many of you know how the Treaty of Hudaybiyyah was to the extent that ‘Umar ibn al-Khattab (radiyallaahu anhu) said “O Messenger of Allaah! Are we not upon the truth and our enemies upon Baatil?” The Messenger of Allaah (sallallaahu alayhi wa sallam) said “Yes.” Umar said “Then why should we accept such difficult terms in the affairs of our deen?” ‘Umar thought that there was a setback for the Muslims within the treaty. However, there is no doubt that the Messenger of Allaah (sallallaahu alayhi wa sallam) has more understanding than ‘Umar and Allaah permitted the Messenger to do that. The Messenger of Allaah said “Indeed, I am the Messenger of Allaah and I would not disobey Him and He will help me” so if it was clear that the treaty was a setback for the Muslims then this indicates to us brothers an important issue which is the strength of a believer’s trust in his Lord. So what is important is that it is obligatory upon Muslims to wage jihaad in order to make the word of Allaah the most high and so that the deen will be entirely for Allaah. However, currently we do not possess as Muslims that which can enable us to wage Jihaad against the kuffaar, even if it is defensive. As for offensive Jihaad then there is no doubt that this is not possible right now until Allaah brings consciousness to the Ummah which prepare the Ummah in terms of eemaan, personally and militarily. As for us today in this regard we are not able to wage Jihaad.” [Liqaa’ (open session) Thursday, 33 during the Month of Safar 1414 AH’1/1994 CE]

What also proves that strength is a primary condition to establishing offensive Jihaad (to spread the borders of Islaam) is that Allaah made it a condition in a number of obligations where one Muslim man would be opposed to two, as Allaah said,

“Now Allaah has lightened your (task), for he knows that there is weakness in you. So, if there are a hundred of you that are steadfast, they will overcome two hundred. And if there are a thousand of you, they will overcome two thousand, by the permission of Allaah. And Allaah is with those who are patient.” [Al-Anfaal (8):66]

So if the kuffaar are three times the number of Muslims, fighting would not be obligated on the Muslims and it would be correct for them to runaway as the Sahaabah did at Mu’tah. This makes it certain that strength is a condition and also from this is what has been reported by Muslim from an-Nawwaas bin Sam’aan in the story of the Eesaa’s (alayhis salaam) killing of the Dajjaal, he narrated: The Messenger of Allaah (sallallaahu alayhi wa sallam) said, “Allaah will reveal to Eesaa “I have brought forth from my servants some people who no one will be able to fight against; take these people safely to Mount Toor” and then Allaah will send Yajooj and Majooj…”

Imaam Nawawee (rahimahullaah) said: “The scholars have said that the meaning of this hadeeth is that when there is no power or ability due to his inability to defend himself and the meaning of their flight to Mount Toor is: to gather the people all together and establish a fortified place for them.” [Sharhu Muslim, vol.18, p.68]

Within this hadeeth it can be seen that when the strength of ‘Eesaa (alayhis salaam) will be weak in relation to the power of Yajooj and Majooj, Allaah will order ‘Eesaa not to fight or to wage Jihaad against them, this indicates that strength is a condition (for waging armed military Jihaad).

Third Point: In addition to strength in numbers and preparation, there must also be strong eemaan and Islaam with the Muslims – if not, if the sins of the Muslims are manifest and abundant and their establishment of the deen is weak, especially in regards to Tawheed and the Sunnah, so that there shirk and innovation is prevalent along with disobedience (to Allaah) from the Muslims and such people are the majority, if the state of the Muslims is like this then they are distant except if Allaah wills with His Virtue and Mercy. Allaah says,

“(What is the matter with you) when a calamity befalls you, even though you smote (your enemies) with one twice as great, you say “From where has this come to us?” Say (to them O Muhammad) “It is from your own selves.” [Aali-Imraan (3):165]

Ibn Jareer (rahimahullaah) said: “From where has this come to us?” From where has this come from and from where have we been tried whilst we are Muslims and they are Mushrikeen? And the Prophet of Allaah (sallallaahu alayhi wa sallam) fulfilled (the trust) for us by conveying the revelation from the heavens and our enemies are people of kufr, who disbelieve in Allaah and commit shirk. Say O Muhammad to the believers with you from the Sahaabah “It is from your own selves” and Allaah says “Say to them: this has afflicted you due to what is in your own selves from disobeying my instructions and your leaving obedience to me, this is not due to others or anyone else except yourselves.” [Jaami’ al-Bayaan fee Tafseer il-Qur’aan, Vol.4, p.108]
He transmitted this from a group of the Salaf such as ‘Ikrimah, al-Hasaan, Ibn Jurayj and as-Suddee. Aboo Dardaa’ said: “You only fight with your actions.” [Bukhaaree appended it in Kitaab ul-Jihaad, Bab ‘Amal as-Saalih qabla Qitaal (The Book of Jihaad, chapter entitled ‘Righteous Actions Comes Before Fighting’)]

Shaykh Abdur-Rahmaan as-Sa’dee said: “From where has this come to us?” means: from where have we been afflicted and what has afflicted us and caused us to be defeated? Say it is from your own selves when you disputed and disobeyed after I had shown you what you love. So blame your own selves and be warned of such destructive reasons.” [Tafseer, p.126]

Ibn Taymiyyah said: “Whenever the kuffar become manifest that is due to the sins of the Muslims which necessitates a weakness in their eemaan. But then when they repent and perfect their faith Allaah will help them, as Allaah said,

“So do not become weak (against your enemy), nor be sad, and you will be superior (in victory) if you are indeed (true) believers.” [Aali-Imraan (3):139]

And Allaah says, “(What is the matter with you) when a calamity befalls you, even though you smote (your enemies) with one twice as great, you say “From where has this come to us?” Say (to them O Muhammad) “it is from your own selves.” [Aali-Imraan (3):165]” [Al-Jawaab as-Saheeh, vol.6, p.450]

Then he said: “As for the victory (of the kuffaar), Allaah gives the upper hand to the kuffar against the believers at times as He lets the believers triumph over the kuffar as was the case for the Companions of the Prophet (sallallaahu alayhi wa sallam) against their enemies. However, the end is for those who are conscious of Allaah, as Allaah says,

“Indeed We will grant victory to Our Messengers and those who believe in the worldly life and on the Day when the Witnesses shall stand forth.” [Ghaafir (40):51]

Yet if the Muslims are weak and their enemies are manifest over them that is due to the sins of the Muslims and their mistakes. Either it is due to their negligence in performing their obligations secretly and openly or due to their enmity in challenging the boundaries (of Allaah) secretly and openly. Allaah says,

“Those of you who turned back on the day the two hosts met (i.e. on the battle of Uhud), it was Shaytaan who caused them to run away (from the battlefield) because of the sins they had earned.” [Aali-Imraan (3):155]

And Allaah says, “(What is the matter with you) when a calamity befalls you, even though you smote (your enemies) with one twice as great, you say “From where has this come to us?” Say (to them O Muhammad) “it is from your own selves.” [Aali-Imraan (3):165]

Allaah also says, “And Allaah will surely support those who support Him (i.e. His cause). Indeed, Allaah is Powerful and Exalted in Might. (And they are) those who, if We give them authority in the land, establish prayer and give zakaah and enjoin what is right and forbid what is wrong. And to Allaah belongs the outcome of (all) matters.” [al-Hajj (22):40-41]” [Majmoo al-Fataawa, vol.11, p.645 and also see vol.8, p.239 and vol.14, p.424]

Ibn Qayyim said: “If the servant (of Allaah) reflects on the reason and cause his preoccupation with rejecting (such reasons and causes) would be more serious to him. If the servant (of Allaah) is a transgressor, then he is the one who has allowed transgression to command upon his own self. As Allaah says,

“(What is the matter with you) when a calamity befalls you, even though you smote (your enemies) with one twice as great, you say “From where has this come to us?” Say (to them O Muhammad) “it is from your own selves.” [Aali-Imraan (3):165]

So He informed that the harm that the enemies do to them and their victory over them (Muslims): it is all due to the Muslims own transgression. Allaah says,

“Whatever calamity befalls you then it is due to what your own hands have earned. And He pardons much.” [ash-Shooraa (42):30]” [Madaarij us-Saalikeen, Vol.2, p.240]

Then Ibn Qayyim said: “Likewise, victory and complete assistance (from Allaah) is only of the people of complete eemaan, Allaah says,

“Indeed We will grant victory to Our Messengers and those who believe in the worldly life and on the Day when the witnesses will stand forth.” [Ghaafir (40):51]

And Allaah says, “So We supported those who believed against their enemy and they became dominant.” [as-Saff (61):14]

So whoever is deficient in his eemaan, his portion of support and assistance (from Allaah) will also be deficient. Therefore, if a servant (of Allaah) is afflicted in his own self or in his wealth, or by his enemies being dominant over him, then all of this is due to his own sins or due to his abandoning of the obligations or due to his involvement in haraam. All of this is from the deficiency in eemaan. Due to this some people bring up a number of problems regarding Allaah’s saying,

“And never will Allaah grant to the disbelievers a way over the believers.” [an-Nisaa’ (4):141]

And many people answer that the meaning of this verse is that Allaah will not let the disbelievers have a way over the believers in the Hereafter and some of them say that the verses means Allaah will not let the disbelievers have over the believers a way in terms of proof. What is correct is: The likes of these verses is that the way will be obliterated for the people of complete eemaan if their eemaan becomes weak, then their enemies will have a way over them, due to their deficiency in eemaan. As a result, they will have a way over the believers due to what the believers have left from obedience to Allaah. The mighty believer is victorious, supported, helped and protected (by Allaah) wherever he is, even if they gather against him from all said, as long as he establishes the reality of eemaan and its obligations openly and secretly. Allaah said to the believers,

“So do not become weak (against your enemy), nor be sad, and you will be superior (in victory) if you are indeed (true) believers.” [Aali-Imraan (3):139]

This guarantee is only due to their eemaan and their actions which is like a solider of Allaah which Allaah protects them with and does not abandon or depart from them as the actions of the kuffaar and Munafiqeen are lost and if it is for someone else (i.e. not the believers) it would not be in accordance with his command.” [Ighaathat ul-Luhfaan, Vol.2, p.182]

So if the Muslims return to their true deen based upon the Kitaab and the Sunnah with the understanding of the Salaf of the Ummah, Allaah will help them and grant for them honour and empowerment as Allaah says,

“Allaah has promised those among you who believe, and do righteous good deeds, that He will certainly grant them succession to (the present rulers) in the earth, as He granted it to those before them, and that He will grant them the authority to practice their religion, that which He has chosen for them (i.e. Islaam). And He will surely give them in exchange a safe security after their fear (provided) they (believers) worship Me and do not associate anything (in worship) with Me.” [an-Noor (24):55]

Shaykh Abdur-Rahmaan as-Sa’dee said: “This is from the truthful promises, He promises whoever establishes eemaan and righteous actions from this Ummah that He will grant them succession in the earth and be Khulafaa’ (successors) in the earth. He will establish their religion for them which He has preferred for them, which is Islaam, which above all other religions which He has preferred for this Ummah, due to the Ummah’s virtue, nobility and blessing. Those who establish it (the deen) will be firmly established and also due to their open and secret establishing of Allaah’s Divine Legislation within their own selves and within others (from other religions and kuffar who have been overpowered). Allaah will substitute after their fear wherein one could not manifest his deen or fear from harm of the kuffaar against him and the condition of the Muslims is insignificant in comparison to that of the others and the people of earth throw at them from one bow and wreak havoc against them. Allaah promised them these affairs at the time of the descent of the ayah: succession in the earth and empowerment in the earth, empowerment in the earth to establish the Islaamic way of life, complete security wherein they worship Allaah and do not associate anything with Him not fearing anyone except Allaah. So the core of this Ummah established eemaan and righteous actions in order to be successful. Allaah established them with countries and pious servants (of Allaah) from the eastern parts of the earth to the west and complete safety was obtained along with total empowerment. This is from the wondrous and splendid signs of Allaah and the affair will remain in this way until the Last Hour. As long as the people establish eemaan and righteous actions there is no escape from finding what Allaah has promised them. And if the kuffaar and Munafiqeen overpower the Muslims at times, this is due to Muslims being devoid of eemaan and righteous actions.”

O truthful Muslims and believers, this path honours Islaam and the Muslims and establishes them in the earth. So traverse this path and work hard to increase taking this path and do not let Shaytaan deceive you and set you back by thinking that this way is beyond reach and time as many have been deceived. As we are not instructed by our Lord except by conveying what Allaah loves and what His Messenger (sallallaahu alayhi wa sallam) loves and traversing the Prophetic path. This is all so that we will be upon knowledge that if Allaah wanted the guidance of those who called and the honour of Islaam and the Muslims He will do as He said,

“And if their evasion (from you O Muhammad) is difficult for you, then if you are able to seek a tunnel into the earth or a stairway into the sky to bring them a sign (then do so). But if Allaah had willed, He would have united them all together on true guidance. So never be of the ignorant.” [Al-An’aam (6):35]

And remember that the one who is hasty for something before its time will be punished by being deprived of it.

Whoever has any knowledge of the condition of the Islaamic Ummah today, no matter how small his knowledge of the situation, and is an honest truthful advisor will see that what some people are doing in the name of calling the Ummah to jihaad against the kuffar and offensive jihaad is what is destroying the Ummah and taking it into an abyss, unto Allaah we complain.” In this current age strong adherence to the deen has been lost, the flags of Shirk have been raised wherein du’a is made to the ‘Awilyaa and people seek closeness to them and the pegs of Soofism and innovation have beaten; Ilhaad and Tahreef (distortion) of the Names and Attributes of Allaah by the ‘Ash’arees, Mu’tazilah and Jahmiyyah is established in some universities and institutes which are called ‘Islaamic.’ And as for the Da’wah to Allaah, then within it has emerged partisanship and ignorant groups which have allegiance and enmity based upon the hizb and overflowing with (people’s own) desires. So you find a group which aims to rule and strives to amass the people, even if they have scant religious adherence, in the name of advantage and to achieve the chanted ‘aim’ such as the Muslim Brotherhood (Ikhwaan ul-Muslimeen). Another groups aims to guide people they call, even if this is not done in accordance with the right path and the correct way. For this reason you will see them not paying any heed to falling into the haraam in order to guide others apart from themselves. You will see that many of their followers are ignorant and have no knowledge and this is like Tablighi Jamaat. What is also strange is that these two groups do not call people to Tawheed and abandoning shirk so as not to “divide the people” from them. As for corruption in regards to manners and character and following the ways of the kuffar Westerners then this has affected many, especially the youth, male and female, so if all this is the condition of most of our Ummah today, then it is an Ummah of transgression which does not bequeath except its like in transgression as Allaah said,

“And thus we do make the transgressors supporters of each other because of that which they used to earn.” [Al-An’aam (6):129]

As you are, just as you will be supported and rather they are far from the help of Allaah as they do not seek to help Allaah as He said,

“If you help Allaah, Allaah will help you and make your foothold firm (i.e. establish you)” [Muhammad (47):7]

If not then Allaah will manage with His Virtue and Expansive Mercy. Then in regards to numbers and preparation, then we, as is not hidden, are weak in relation to our kuffaar enemies who have monopolized the arms industry and we are at a poor loss compared to what they manufacture. For that reason the successful means for the honour of this Ummah and its empowerment to be restored is in returning to Allaah and calling to the word slowly and surely, so it the door is locked the da’ee should try another door, like this,

“Whoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).” [At-Talaq (65):2]

Those who call the Ummah today to Jihaad against the disbelieving enemies are in reality striving for the destruction of the Ummah from whence they do not comprehend…” [Abridged from Shaykh Abdul-Azeez ar-Ra’ees, al-Burhaan al-Muneer fee Dhad Shubuhaat Ahli’t-Takfeer wa’t-Tafjeer,]

Here I believe it is important to mention a well-known principle in the Sharee’ah which is: ‘‘Preventing mafsadah (harm) is given precedence over procuring maslahah (benefit).’’ [al-Ishbaah wan-Nadhaa‘ir (p 87) of as-Suyootee]

And ‘‘ordering the good should not result in the loss of a greater good, nor cause a greater evil (than before). Likewise, forbidding the evil should not result in a greater evil, nor in the loss of a greater good.’’ [al-Hisbah fil-Islaam (p. 124) of Ibn Taymiyyah]

Explaining the mistakes of certain people concerning the above point, Ibn Taymiyyah (rahimahullaah) said: “They wish to command and prohibit by the tongue or the hand only, without due understanding, without due mildness and without patience. They do not consider whether their actions are beneficial or detrimental, nor do they consider whether they have the ability to do so or not…This whole matter falls under the general qaa’idah (principle): that whenever there is a conflict between benefits and harms, of good and evil, then it is obligatory to weigh the two and to prefer that which is greater. Since commanding or prohibiting is meant either to attain benefit or to repel harm - yet one must still consider the opposite outcome. Thus, if it results in a great benefit being lost, or causes greater harm, then such a matter should not be commanded. Rather, it would be haraam (unlawful) to do so, if the harm outweighed the benefits! However, weighing the relative harms and benefits must be done using the scales of the Sharee’ah.’’ [al-Amr bil-Ma’roof wan-Nahu ’anil-Munkar (p. 19-21)]

Ibnul-Qayyim (rahimahullaah) said: “If one considers the various trials and tribulations - the large or the small - that have occurred in Islaam, one would find that they resulted from neglecting this principle (of weighing the affairs); and not having patience with the evil, but attempting to stop it in a way which causes a greater evil.” [I’laamul-Muwaqqi’een (3/4)]

From the many texts which highlight this principle are:

That which al-Bukhaaree (no. 126) and Muslim (no. 1333) both relate from ’Aa‘ishah (radiyallaahu ’anha) that he (sallallaahu ’alayhi wa sallam) said to her: ‘‘O ’Aa‘ishah! If it were not that your people had recently left ignorance, I would have ordered that the House (i.e. the Ka’bah) be dismantled, and I would have joined with it what had been removed from it, and I would have leveled it with the ground and made for it two doors - one towards the east, and one towards the west - so that I could build upon the foundations laid by Ibraaheem.’’

Imaam Ibnul-Qayyim al-Jawziyyah commented: “Thus, he (sallallaahu ’alayhi wa sallam) wanted to build upon the foundations of Ibraaheem (’alayhis-salaam) and had the ability to do so. However, he feared that a greater harm would ensue, since the Quraysh [would not have understood the intent], since they had only recently come into Islaam, from the previous Jaahiliyyah (pre-Islaamic ignorance).’’ [I’laamul-Muwaqqi’een (3/4), slightly adapted]

Imaam al-Bukhaaree (rahimahullaah) - precedes the hadeeth of ’Aa‘ishah with a chapter heading: ‘‘Chapter: To leave some good actions fearing that people will misunderstand the action, and thus fall into that which is worse than it.’’

Al-Haafidh Ibn Hajar (rahimahullaah) said, whilst enumerating some of the points of benefit from the above hadeeth: ‘‘To leave the maslahah (benefit), believing that it will result in a mafsadah (harm); and to leave forbidding the mankar (evil), for fear of falling into a greater evil.’’ [Fathul-Baaree (1/271]

And as it is said, ‘Most excellent of people is the one who does not embark upon a means to accomplish something (and then regrets it) until he distinguises (the evil) that may be incurred by its consequences.’

Allaah says, “When there comes to them some matter related to public welfare of security or fear, they make it known amongst the people. If only they had referred it back to the Messenger, or to those in authority amongst them, then the proper people would have investigated and evaluated the matter from them. Were it not for the grace and mercy of Allaah upon you, you would have indeed followed Shaytaan – except a few of you.” [an-Nisaa (4):83]

Imaam as-Sa’dee commented on this verse saying, “This is the disciplinary admonition from Allaah to His servants with regards to their unbefitting action. And that it is a must for them, that when there comes to them the news of some important matter – such as the issues connected to public welfare and the safety of the Believers, or those that are related to breach of security, or fear of a calamity befalling them – that they should first verify such news and not be hasty in spreading it. Rather, they should refer such issues back to the Messenger (sallallaahu alayhi wa sallam), and to the people in authority; those who possess knowledge, understanding, sound advice, intellect, maturity and composure; those who understand the affairs and have knowledge of the associated benefits and harms. If they see that in broadcasting there is a benefit and a cause of happiness for the Believers, and a means of protection from their enemies, then they should do so. But if they see that there is no benefit in it, or that there is some benefit, but the harm in it is greater, then they should not do so. This is why Allaah said: “Then the proper people would have investigated and evaluated the matter from them.” Meaning, that they would evaluate it with their sound understanding and their firm and correct knowledge. So in this is an evidence for an important principle which is: If there arises a need to investigate a particular issue, then it is obligatory that it is left to those who are qualified for it, and no one should precede them in this – and this is closer to what is correct and safe from error. And in this is also a prohibition of being hasty and impatient in spreading the news as soon as they hear it. Likewise, there is a command to reflect and consider before speaking, so he looks into it to see if there is a benefit in doing so, if so, he embarks upon it, and it not, he abstains from it.” [Tayseerul-Kareemir-Rahmaan (2/54-55)]

Also know if peoples excited emotions are not checked by proofs from the Kitaab and Sunnah, then they cause evil and harm. So love good, love working for Islaam, and love giving Da’wah to Allaah – but understand all of these are to be kept hand in hand with Sharee’ah proofs and encompassed by the texts of guidance. It is not permissible to depart from them for anything else claiming that it is something better, or has a quicker result, for how easy it is to let one’s emotions stray them away from the clear text.

Shaykh ‘Abdus-Salaam as-Sihaymee (hafidhahullaah) mentioned some important principles of Jihad from the explanation of his book al-Jihaad fi’l-Islaam in which he stated:

“Thirdly: That fighting the enemies should not bring about a harm which is greater than the harm of leaving off fighting.

This is an important matter, because it could be that (a person says) “these matters are of no importance to me and I just want to participate in Jihaad in the path of Allaah and fight until I am killed without looking at others” but there has to be an examination of the harms that this could bring about, because preventing the harms takes precedence over achieving the benefits. So one should not look and think about only his own condition, rather you have to look and think about the condition of the Ummah. If participating in Jihaad or fighting brings about a harm greater than the harm of leaving off Jihaad then in such an instance it is not Divinely Legislated. The one who assess this are not everybody, for its only the well-grounded ‘Ulamah who are immersed in beneficial knowledge, righteous actions and have correct belief – these are the ones who looks at the benefits from the harms and they are the ones who in all times are able to see if Jihaad is Legislated or not, it is not open for everybody to decide, rather it is for the well-grounded meticulous scholars who follow the Sunnah and are immersed in beneficial knowledge and righteous action and are known for following the Divine Legislation and not innovating anything into the Deen of Allaah. They are the ones who assess the benefits and harms, so either they assess and clarify the issue of Jihaad and then it is called for the leader of the Muslims because the Divine Legislation assigns this matter to him (the leader of the Muslims) and it is from the leader’s qualities and not of the qualities of anyone else.

The second principle has preceded which mentioned the Divinely Legislated evidences which made the condition of having strength and ability (to make Jihaad) but this is not sufficient itself as these also has to be added to this the issue of not bringing about a greater harm than leaving Jihaad. The Fuqahaa have also mentioned this wherein they say “if the kuffar increase their numbers (on the battlefield) and it is most likely that we will be destroyed then we have to flee based on the saying of Allaah,

“…and do not throw (yourselves) with your own hands into destruction.” [Baqarah (2):195]

Or if we are not able to harm them, then it is recommended to flee.”

“Recommended to flee (the battle)”, pay attention to this principle of the Fuqahaa that if the kuffaar increase in number in the battle and their numbers are more than that of the Muslims if the Muslims are sure that they will be triumphant they continue but if they are sure that they will be defeated and not able to harm the enemy then it is obligatory for them to flee the battle. If they cannot harm the enemy and all what will happen is Muslims getting killed then they have to flee the battle based on the saying of Allaah,

“…and do not throw (yourselves) with your own hands into destruction.” [Baqarah (2):195]

Or if the Muslims are not able to harm them then it is recommended to flee, because the intended aim is not merely killing people or the souls of the Muslims or aiming to be martyred, rather the intended aim (of Jihaad) is to achieve benefits for Islaam and avert harms which may affect the Muslims.

Ibn Juzayy al-Maalikee stated that when the Muslims are being killed on the battlefield, then for them to flee is primary, Aboo Ma’aalee stated “there is no difference of opinion on this.”

There is no difference of opinion in this with the Fuqahaa (rahimahumullaah) that if the Muslims are being killed, to withdraw takes precedence than standing to face the enemy because standing to face them will result in a greater harm and the harms of participating in Jihaad here will be worse than the harm of leaving off fighting.

Ash-Shawkaanee said, “If it is known for sure that the kuffaar are overpowering and getting the better of the Muslims, then the Muslims have to avoid fighting them and get more fighters and gain the help of the people Islaam”, he based this on the saying of Allaah,

“…and do not throw (yourselves) with your own hands into destruction.” [Baqarah (2):195]

And this taken generally even within a specific reason, and it is oft-repeated in Usool than the general expression takes precedence and not a specific reason. It is well-known that whoever goes forth while seeing that he is going to be killed, defeated or overpowered has thrown himself into destruction.

Shawkaanee deduces from the ayah:

“…and do not throw (yourselves) with your own hands into destruction.” [Baqarah (2):195]

…that in regards to ‘throwing oneself into destruction’ then when one knows for sure that the kuffaar are overpowering the Muslims the Muslims should leave off fighting in this instance, until they get stronger power and stronger force so that the challenge will be stronger. However, when the Muslims are weakened and still fight, it will not be known when the reinforcements will come, so it is not a matter of merely trying to gain victory and martyrdom, rather it depends on the benefits that will be gained by the Muslims. Preventing the harms takes precedence over achieving the benefits and Shawkaanee uses as a proof for this the well-known principle of the general meaning taking precedence over the specific reason, so even though this ayah was about a specific reason the general meaning of it is looked at and not the specific reason. So the ayah in its general words indicates that when Muslims will be destroyed (in any scenario) then they should stay away from what will cause destruction.”

And to reiterate an important condition to wage Jihaad is that there must be preparation for the battlefield ideally and materially. As Dr. Aboo Anas Muhammad Moosaa Aal Nasr (hafidhahullaah) stated: “That is because taking the available reasons and means is a Prophetic way that the Prophets followed with intense truthfulness and trust in Allaah. The Prophet (sallallaahu alayhi wa sallam) emerged during one of his battles with two plates of armor and wore a war helmet and some of the companions wore complete armor and this did not negate their trust in Allaah. Allaah says,

“And prepare against them whatever you are able of power and of steeds of war.” [Al-Anfaal (8):60]

The Prophet (sallallaahu alayhi wa sallam) explained this verse by saying “Surely indeed strength is with marksmanship, strength is with marksmanship.” [Saheeh Muslim]” [Taken from ‘The Decisive Word on the Factors of Victory and Establishment’]

I will mention a few points on what has been related in regards to the prohibition of transgression when fighting. In the Sunan of Aboo Dawood, Kitaab ul-Jihaad is the following hadeeth on the authority of Anas bin Maalik (radiyallaahu anhu): The Prophet (sallallaahu alayhi wa sallam) said: “Go in Allaah’s name, trusting in Allaah, and adhering to the religion of Allaah’s Messenger. Do not kill a decrepit old man, or a young infant, or a child, or a women; do not be dishonest about booty, but collect your spoils, do right and act well, for Allaah loves those who do well.”

Aboo Bakr as-Siddeeq (radiyallaahu anhu) said to Yazeed bin Abee Sufyaan (radiyallaahu anhu) when he sent him to Sham, “You will surely find a people who claim to have secluded themselves for Allaah, so leave them to what they claim they have secluded themselves for and I advise you with ten matters: do not kill women or children or the elderly and infirm. Do not chop down the fruit bearing trees. Do not destroy inhabited places. Do not slaughter sheep or camels except for food. Do not burn bees and do not scatter them. Do not steal from the booty and do not be cowardly.” [Reported by Maalik in the Muwatta’, Kitaab ul-Jihaad in the chapter on the prohibition of killing women and children durning warfare, vol.2, p.447, the hadeeth is on the authority of Yahyaa bin Sa’eed from Aboo Bakr as-Siddeeq that he said the hadeeth.’ AbdurRazzaq also reported the hadeeth in Kitaab ul-Jihaad in the chapter of ‘destroying the trees within the land of the enemy’, vol.5 p.199, hadeeth no.9375 on the authority of Ibn Jurayj who said: Yahyaa bin Sa’eed said that Aboo Bakr said, then he mentioned the hadeeth. The isnaad is munqati (disconnected) but the Ulama have utilised it and referred to it as the meaning is correct and in agreement with other authentic marfoo’ narrations.]

Imaam ibn Katheer (raheemahullaah) mentions in his Tafseer:

Allaah said: “…but transgress not limits. Truly, Allaah likes not the transgressors.” [Baqarah (2):190]

This Ayah means, “Fight for the sake of Allaah and do not be transgressors,’ such as, by committing prohibitions. Al-Hasaan al-Basree stated that trasgression (indicated by the Ayah), “included mutilating the dead, theft (from the captured goods), killing women, children and old people who do not participate in warfare, killing priests and residents of houses of worship, burning down trees and killing animals without real benefit.” This is also the opinion of Ibn Abbaas, Umar bin Abdul-Azeez, Muqatil bin Hayyan and others. Muslim recorded in his Saheeh that Buraydah narrated that Allaah’s Messenger (sallallaahu alayhi wa sallam) said:

“Fight for the sake of Allaah and fight those who disbelieve in Allaah. Fight, but do not steal (from the captured goods), commit treachery, mutilate (the dead), or kill a child, or those who reside in houses of worship.”

It is reported in the Saheehayn that Ibn ‘Umar said, “A women was found dead during one of the Prophet’s battles and the Prophet then forbade killing women and children.” There are many other ahaadeeth on this subject.”

A point that needs to be understood as well in relation to the prohibition of killing monks (i.e. those secluded in places of worship) is as Ibn Habeeb (raheemahullaah) said: “It was not prohibited to kill religious people due to their preoccupation with their worship, as they are the most distant from Allaah than others from the people of their deen due to their insight into kufr. Rather, on account of their non-involvement with the people of their deen in waging war against the believers whether that be via hand, thought or wealth. But as for it being known that one them guides the enemy against us secretly or the likes, then at such a point it would be lawful to execute such a person (during Jihaad)." [an-Nawaadir wa’z-Ziyaadaat’alaa maa fi’l-Mudawanna min Ghayrihaa min al-Ammahaat (Beirut: Daar ul-Maghrib al-Islaami, 1999CE) vol.3, p.60]

Ibnul-Habeeb (raheemahullaah) also stated that if women or children are fighting with swords, arrows and the likes against the Muslims then they can be killed out of self-defense, but if they are merely throwing stones and the likes at the Muslims from the turrets of fortified buildings then they should not be killed. (adh-Dhakheerah, vol.3, p.399). Other companions of Imaam Maalik said the same as this.

And no doubt more needs to be stated as this subject like many others requires lenghty analysis and detailed study. So with that being mentioned I leave you with some words from Al-‘Allaamah Saalih al-Fawzaan (hafidhahullaah) who said: “How many Muslims have been killed due to ignorant adventures which have angered the kuffaar, who have been stronger than them in such instances, and have led to death, displacement and destruction, la hawla wa la quwwata illa billaah! They also claim that such ventures are jihaad when they are not jihaad because the conditions of jihaad have neither been met and nor have the pillars been achieved. Therefore, such ventures are not jihaad rather they are transgressive actions which Allaah does not command to do.” [Al-Jihaad: Anwaa’uhu wa Akhaamuhu, p.92]

He also stated: “It is obligatory for the jaahil (ignoramus) to not speak and to keep quiet and fear Allaah, The Exalted and Majestic, and to not speak without knowledge, Allaah says,

“Say: My Lord has only forbidden immoralities – what is apparent of then and what is concealed – and sin (any unlawful action), and oppression without right, and that you associate with Allaah that for which He has not sent down authority, and that you say about Allaah that which you do not know.” [al-A’raaf (7):33]

So it is not permissible for the jaahil to speak in issues of knowledge especially in regards to major issues such as takfeer, jihaad and al-walaa wa’l-baraa’. As for slander and backbiting in regards to the honour of the people in authority and the honour of the scholars, then this is the most severe type of backbiting and as a result is not permssible. As for current events which have passed or are taking place then these are affairs for the people in authority to research and seek counsel over and it is for the scholars to explain its Divinely Legislated ruling. As for the general and common people and beginning students it is not their issue. Allaah says,

“And when there comes to them something (i.e. information) about (public) security or fear, they spread it around. But if they had only referred it back to the Messenger or to those in authority among them, then the ones who can draw correct conclusions from it would have known about it. And if not for the favour of Allaah upon you and His mercy, you would have followed shaytaan, except for a few.” [an-Nisaa (4):83]

So it is incumbent to withhold the tongue from speaking about the likes of such issues especially takfeer, allegiance and disavowal. And humans are mostly ignorant of its application and can apply it incorrectly and thus judge a person with misguidance and kufr, and the ruling could thus return upon the claimant. So if a person says to his brother “O kaafir, O faasiq” and the man is not like that (i.e. neither a kaafir nor a faasiq) the ruling can return upon the one who said, and Allaah’s refuge is sought. This is a very dangerous issue, so it is upon the one who fears Allaah to refrain his tongue except if he is from those who are entrusted to deal with such issues, from the people in authority or the scholars. It is these who look into issues and find a solution to it, as for one who is from the common people or from the minor students (of Islaamic knowledge) they do not have the right to issue rulings on people and slander the honour of people while he is an ignoramus (jaahil) who backbites and speaks about issues regarding takfeer, tasfeeq and other matters, this only harms the one who does this. So its for the Muslim to withhold his tongue and not get involved in what does not concern him. Such a person should make dua’ for the Muslims for them to be victorious and make dua against the kuffaar for them to be punished, this is obligatory. As for discussing rulings of the Divine Legislation, falling into error and speaking about the honour of people in authority and the scholars and judging them with kufr and misguidance this very dangerous for you O speaker! Those you speak about will not be harmed by your speech, and Allaah knows best.” [al-Ajabaat al-Muhimmah fi’l-Mashaakil al-Mumilah pp.56-58]

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