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PART THREE: CLARIFICATIONS ABOUT THE 1. We have spoken at length about the status of Jihad today in Afghanistan, Palestine and other usurped Muslim lands of the like. We have confirmed what has been agreed upon by the earlier (Salaf) and latter (Khalaf) generations of hadith scholars, exegetes, jurists, and scholars of religious principles (usool), namely that: "When a span of Muslim land is occupied, Jihad becomes individually obligatory (Fard Ain) on the inhabitants of that piece of land. The woman may go out, without her husband's permission, with a mahram, the one in debt without the permission of the one to whom he owes, the child without his father's permission. If the inhabitants of that area are not sufficient in number, fall short, or are lazy, the individually obligatory nature of Jihad extends to those around them, and so on and so on until it covers the entire Earth, being individually obligatory (Fard Ain) just like Salah, Fasting and the like so that nobody may abandon it." 2. The obligation of Jihad today remains Fard Ain until the liberation of the last piece of land which was in the hands of Muslims but has been occupied by the disbelievers. 3. Some scholars consider Jihad today in Afghanistan and Palestine to be Fard Kifayah. We agree with them in that Jihad in Afghanistan for the Arabs was initially Fard Kifayah. However, the Jihad is in need of men and the inhabitants of Afghanistan have not met the requirement which is to expel the disbelievers from Afghanistan. In this case, the communal obligation (Fard Kifayah) is overturned. It becomes individually obligatory (Fard Ain) in Afghanistan, and remains so until enough Mujahideen have gathered to expel the Communists in which case it again becomes Fard Kifayah. 4. There is no permission needed from anybody in the case of an individual obligation (Fard Ain), according to the principle, "there is no permission necessaryfor an individual obligation (Fard Ain)". 5. A person who discourages people from Jihad is like the one who discourages people from Fasting. Whoever advises an able Muslim not to go for Jihad is just like the one who advises him to eat in Ramadan while he is healthy and in residence. 6. It is best to shun the company of those who hold back from Jihad and not to enter into arguments with them, for this would lead to idle disputation and hardening of the heart. Sheikh-ul-Islam Ibn Taymiyyah says, "And abandonment/shunning comprises: avoiding evil and evil people, and similarly shunning those who call for innovation in religion, sinful people and those who associate with such people or assist them in those endeavours. Similar is the case of the person who abandons Jihad and from whom there is no benefit in associating with, for in this case we are liable to punishment for not having helped him by co-operating in matters of righteousness and piety. The adulterers, homosexuals, those who abandon Jihad, the innovators and the alcoholics, as well as those who associate with them are a source of harm to the religion of Islam. They will not co-operate in matters of righteousness and piety. So whoever does not shun their company is, in fact, abandoning what he has been commanded to do and is committing a despicable deed." IMPORTANT
NOTES REGARDING APPLICATION OF THE
RULING When we call people for Jihad and explain to them its ruling, it does not mean that we are in a position to take care of them, advise them and look after their families. The concern of the scholars is to clarify the Islamic legal ruling. It is not to bring people to Jihad nor to borrow money from people to take care of the families of the Mujahideen. When Ibn Taymiyyah or Al-lzz bin AbdisSalam explained the ruling concerning fighting against the Tartars, they did not become obliged to equip the army. Carrying out religious obligations is necessary according to one's capability. Pilgrimage, for example, is compulsory on those who are able to perform it. "And it is an obligation on mankind towards Allah to perform the Pilgrimage of the Housefor whoever is able to do so [Quran 3:97] "There is no blame on the weak, nor on the ill, nor on those who cannot find anything to spend, when they are sincere and true towards Allah and His Messenger. There is no censure upon the righteous. Indeed Allah is Oft Forgiving, Most MercifuL Nor (is there any blame) on those who, when they 'I cannotfind anything on which to mount you.' They turned away, their eyes flowing with tears,, out of grief that they did not Ibn Al-Arabi said, 74 "This second verse is the strongest evidence for the acceptability of the excuse of one who is in poverty or has a valid need which holds him backfrom Jihad, provided goodwill has been identified in his conduct while claiming the inability. Al-Qurtubi said in his Tafseer 75, "This verse is a basis for the dismissal of obligation from the incapable, so that whoever is incapable ofperforming a deed is exemptedftom it, sometimes by doing something else in its place and sometimes by merely having the resolution and will to do it; There is no difference in this respect between a person who is incapable physically and one who is financially unable. This In Saheeh Muslim, it is reported that the Prophet (SAWS) said, "In Madinah are people who are with you whenever you travel any distance or traverse a valley. They were held back by (valid) excuses." According to another narration, "they were held back by illness. Al-Qurtubi said, "The majority of scholars are of the view that anybody who cannot find anything to spend in Jihad is not obliged to spend At-Tabari inferred "There is no blame (i.e. sin) on those with chronic diseases, who are incapable of travelling andfighting, nor on the ill, nor on those who do not find anything to spend to take them to Jihad." Ibn Taymiyyah said "The commands, retributions, expiations and so on of the Islamic Law are ADDING
TO THE TEXTS OF SCHOLARS ALREADY
MENTIONED Those with valid excuses are absolved of the sin of sitting back from Jihad. a) Somebody with a wife and children who do not have income from any other source nor have anybody besides him who could support and maintain them. However, if he is able to allocate provision for them for the duration of his absence, then he is sinful if he sits back. Every Muslim should reduce his spending and be frugal with his earnings until he is able to go out for Jihad. b) Somebody who was unable, after much effort, to obtain a visa to come to Pakistan. c) Somebody whose government denied him a passport or prevented him from leaving from the airport. d) Somebody who has parents who do not have anybody besides him for their support and maintenance. THE
QUESTION OF INTERROGATION BY AUTHORITIES UPON RETURN OF
THE MUJAHID TO HIS HOMELAND
This point is never an excuse because it is a matter of suspicion and "Those whose souls the angels take while they are wronging themselves (the angels) say to them, 'What was the matter with you?' 'We were weak and oppressed in the land.' (The angels) say, 'Was not Allah's earth spacious enough thatyou could emigrate therein?' Then, the abode of those people shall be Hell - how evil a destination it is! Exceptfor such weak and oppressed men, women and children who were neither able to come up with a stratagem (to emigrate) nor shown any way THE ISSUE OF ARAB WOMEN PERFORMING
JIHAD IN AFGHANISTAN Arab women may not come without a non-marriageable
male guardian (mahram). Their duties are confined
to education, nursing and assisting refugees. As
for fighting, Arab women may not fight because, until now, Afghan women
are not participating in the fighting. THE
ISSUE OF SOMEBODY WHO HAS A HANDICAP (SUCH AS THE CRIPPLE) WHICH PREVENTS HIM
FROM FIGHTING BUT DOES NOT PREVENT HIM FROM WORKING IN
OTHER SPHERES
The individual obligation is not dismissed from a cripple or from an invalid whose illness is not serious, because they are capable of working in the spheres of health and education which is a broad field. The Mujahideen are now more in need of propagators than they are in need of food, weapons, and medicine. "As for the one who is not able to go out for fighting, he must go out to Therefore, if going out to swell the ranks is obligatory, then how about going out to teach the Mujahideen the regulations of their religion? This is more obligatory and more strongly compulsory. A WORD
TO THOSE WITH FAMILIES
In conclusion: we tell those with families that they may not leave their families and go out for Jihad without ensuring provision for them and without ensuring that somebody will take care of them. Thus, whoever wishes to go out now with his family should realise that we are not able to take care of him. He should therefore check with the Islamic centres close to him or with well-wishers until he is able to guarantee provision for his family. The poor people with families must therefore determinedly look for somebody who can finacially support their families for the duration of their absence. They should urgently hasten to take care of their financial affairs, then go out for Jihad. "The
Jihad is in need of money, and men are in need of Jihad."
[Sheikh Abdullah Azzam] |