Please Assist: The Sunni Fiqh of Jihad?

[~Zaria~]

Assalamu-alaikum,

Please can somebody provide me a link to:

The Sunni Fiqh of Jihad - in particular, the ruling of jihad in todays age (where we are without a caliphate) and when it is/ would become encumbent on us to actively participate in physical jihad.

With all respect, I am strictly interested in the sunni view point - from an authorative and reliable source.


(I would have contacted my local ulama in this regard, but unfortuanately and for some reason, there appears to be an unwillingness to address this issue. My on-line searches have resulted in the following:
http://www.askimam.org/public/question_detail/22965
http://askimam.org/public/question_detail/6869.html

Which is probably why most of our brothers and sisters are in a state of confusion, and have turned to less than reputable sources to understand their role in jihad better.

Allah knows best.)


I would truly appreciate any help.


JazakAllahu khair

:wa:

 

[abcdcool2012]

Assalamu-alaikum,

Please can somebody provide me a link to:

The Sunni Fiqh of Jihad - in particular, the ruling of jihad in todays age (where we are without a caliphate) and when it is/ would become encumbent on us to actively participate in physical jihad.

With all respect, I am strictly interested in the sunni view point - from an authorative and reliable source.


(I would have contacted my local ulama in this regard, but unfortuanately and for some reason, there appears to be an unwillingness to address this issue. My on-line searches have resulted in the following:
http://www.askimam.org/public/question_detail/22965
http://askimam.org/public/question_detail/6869.html

Which is probably why most of our brothers and sisters are in a state of confusion, and have turned to less than reputable sources to understand their role in jihad better.

Allah knows best.)


I would truly appreciate any help.


JazakAllahu khair

:wa:

Praise be to Allaah.


Jihad is not obligatory for women. Ibn Qudaamah (may Allaah have mercy on him) said:

In order for jihad to be obligatory there are seven conditions: being Muslim, being an adult, being of sound mind, being free, being male, being physically sound and being able to afford it financially. With regard to being Muslim, adult and of sound mind, these are essential conditions for all Islamic duties, because a kaafir is not to be trusted in jihad, an insane person cannot go for jihad and a child is physically weak. Ibn ‘Umar said: “I presented myself to the Messenger of Allaah (peace and blessings of Allaah be upon him) on the day of Uhud when I was fourteen years old, and he did not let me join the fighting.” Agreed upon. … With regard to being male, this is stipulated because of the report narrated from ‘Aa’ishah who said: “O Messenger of Allaah, do women have to engage in jihad? He said: “Jihad in which there is no fighting: Hajj and ‘Umrah.” And because women are not able to fight because they are (physically) weak.

From al-Mughni, 9/163.

The hadeeth of ‘Aa’ishah (may Allaah be pleased with her) was narrated by Ahmad (25361) and Ibn Maajah (2901); classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah.

Can a woman go out to help the mujaahideen and treat the wounded?

Al-Sarkhasi said in Sharh al-Siyar al-Kabeer (1/184): Chapter on women fighting alongside men and being present in war: He said: we do not like women to fight alongside men in war because a woman does not have the right physical make-up for fighting, as the Messenger of Allaah (peace and blessings of Allaah be upon him) indicated when he said: “This one was not a fighter” (said when he saw the body of a woman slain on the battlefield). And when a woman fights, the ‘awrah of the Muslims may become exposed and the mushrikeen will rejoice at that, and that may be a cause of the mushrikeen increasing their hopes of defeating the Muslims, and they may think that the Muslims are weak because they had to bring the women to fight, so they will say, ‘They need the help of women to fight us.” So this should be avoided. For this reason it is not recommended for women to participate directly in the fighting. But if the Muslims have no choice and are forced to do that, because repelling the kuffaar when necessary by whatever means the Muslims have at their disposal, is permissible, rather it is obligatory. The story of Hunayn is quoted as evidence for that.

At the end of this story it says: Umm Sulaym bint Milhaan, who was fighting that day with a cloth tied around her stomach, said: “O Messenger of Allaah, what do you think about these people who ran away from you and let you down? You should not forgive them if Allaah gives you power over them.” He (peace and blessings of Allaah be upon him) said: “O Umm Sulaym, the forgiveness of Allaah is immense.” She repeated that three times, and each time the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The mercy of Allaah is immense.” In al-Maghaazi it is narrated that she said: “O Messenger of Allaah, should we not kill these who ran away (from the battlefield) as we killed the mushrikeen?” He (peace and blessings of Allaah be upon him) said: “The forgiveness of Allaah is immense.” What greater need can there be for women to fight than this incident when the men fled and abandoned the Messenger of Allaah (peace and blessings of Allaah be upon him). This clearly shows that there is nothing wrong with women fighting when that is essential, because the Prophet (peace and blessings of Allaah be upon him) did not prevent this woman from fighting on that occasion. But it is not narrated that he gave the women permission to fight on other occasions. There is nothing wrong with old women being present at times of war to tend the wounded, bring water and cook food for the soldiers if they need that, because of the hadeeth of ‘Abd-Allaah ibn Qarat al-Azdi who said: The womenfolk of Khaalid ibn al-Waleed and the womenfolk of the Sahaabah had their sleeves rolled up, bringing water to the mujaahideen and reciting encouraging poetry, when he was fighting the Byzantines. What is meant here is old women, because young women are not allowed to go out for fear of fitnah, and old women can take care of the needs in such situations. And it was narrated that Umm Mutaa’, who was present at Khaybar with the Messenger of Allaah (peace and blessings of Allaah be upon him), said: I saw Aslam (one of the Arab tribes) when they complained to the Messenger of Allaah (peace and blessings of Allaah be upon him) about the difficulties they were facing, so he recommended that they engage in jihad and they responded. I saw that Aslam were the first ones to reach the fortress and the sun did not set on that day until Allaah had enabled us to conquer it.

This clearly shows that she went out with the Messenger of Allaah (peace and blessings of Allaah be upon him), and he did not forbid her to do so. From this we know that there is nothing wrong with an old woman going out to help the mujaahideen by doing tasks that are appropriate for them. And Allaah is the Source of strength. End quote.

It says in Khishshaaf al-Qinaa’ (3/26): Women are not allowed (to engage in jihad) because they are a source of temptation, as well as not being qualified to fight, because of their natural tendency to be weak and cowardly, and because there is no guarantee that the enemy will not capture them and regard it as permissible to do to them that which Allaah has forbidden. Some of the scholars said: except the wife of the ruler or commander, who may be present to attend to his needs, because of the actions of the Messenger of Allaah (peace and blessings of Allaah be upon him), or an old women in cases of need only, such as giving water to the troops and treating the wounded, because al-Rubayyi’ bint Mu’awwidh said: “We used to go out to fight with the Prophet (peace and blessings of Allaah be upon him), bringing water and serving them, bringing back the wounded and the slain to Madeenah.” Narrated by al-Bukhaari. And a similar report was narrated from Anas by Muslim. That is because men may be distracted from these tasks by fighting, so this is a help to the Muslims and supporting them in their fight.

All of this has to do with jihad in cases where the enemy has not invaded the Muslim land, in which case jihad becomes obligatory on every able-bodied person, man or woman, and a woman may then go out without her husband’s permission. Al-Kaasaani al-Hanafi (may Allaah have mercy on him) said: “But at times of general mobilization, such as when the enemy is seeking to invade a Muslim land, then it becomes an individual obligation (fard ‘ayn) on every single Muslim who is able to fight, because Allaah says (interpretation of the meaning):

“March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor)”

[al-Tawbah 9:41]

It was said that this was revealed concerning general mobilization.

And Allaah says (interpretation of the meaning):

“It was not becoming of the people of Al-Madinah and the bedouins of the neighbourhood to remain behind Allaah’s Messenger (Muhammad r when fighting in Allaah’s Cause) and (it was not becoming of them) to prefer their own lives to his life”

[al-Tawbah 9:120]

From Badaa’i’ al-Sanaa’i’, 7/98

It says something similar in al-Sharh al-Sagheer, one of the Maaliki books (2/274): that if the enemy attacks a Muslim land, then jihad becomes an individual obligation for every man and woman.

In conclusion:

Jihad is not obligatory for women in principle, except in cases of necessity, such as if the kuffaar attack a Muslim land, in which case jihad becomes obligatory for women, according to their abilities. If a woman is not able to fight then she is not obliged to do so, because Allaah says (interpretation of the meaning):

“Allaah burdens not a person beyond his scope”

[al-Baqarah 2:286]

And Allaah knows best.

-: Source :-

 

[~Zaria~]

^ Assalamu-alaikum,

Shukran for the above post.

I myself have referred to IslamQA in the past, and alhamdulillah there is benefit that can be obtained from this site.
However, you may notice that the fatwas that are provided are not based off a particular madhab per say. In other words, they ascribe to the salafi manhaj in terms of fiqh and aqeedah.

For those who have chosen to follow this methodology, then this is a personal choice.

For myself, I follow the Hanafi school of interpretation.

Does anyone have any links to a sunni-source for the above question?

(Ps. I am looking for advice with regards to jihad in todays age, not specific to women.)

JazkaAllah Khair

 

[~Zaria~]

*Bump*

This has really been occupying my mind lately, and I'v spent hours trying to find these answers....

Anyone please? ; (

 

[Hamza Asadullah]

Asalaamu alaikum. You will inevitabley find most scholars being very careful about broadcasting their views on such a matter in public and quite rightfully so as what they say on such a matter can easily be twisted and misconstrued resulting in such a scholar being labelled as an extremist hate preacher and even arrested and interogated.

It is best if you can try and contact a local or regional scholar about such an issue. Alternatively you can post the question to a Mufti:

http://daruliftabirmingham.co.uk/ask-a-question

 

[*charisma*]

Assalamu Alaikum

Go to kalamullah.com and type jihad in the search engine and you will find a lot of information and books inshallah.

fi aman allah
w'salaam

 

[~Zaria~]

Assalaamu-alaikum,

Asalaamu alaikum. You will inevitabley find most scholars being very careful about broadcasting their views on such a matter in public and quite rightfully so as what they say on such a matter can easily be twisted and misconstrued resulting in such a scholar being labelled as an extremist hate preacher and even arrested and interogated.

It is best if you can try and contact a local or regional scholar about such an issue. Alternatively you can post the question to a Mufti:

http://daruliftabirmingham.co.uk/ask-a-question

JazakAllahu khair.

I do realise the immense responsibility one bears when discussing such issues and providing fatwas to the public.

However, under our current state of affairs in the world - where our brothers and sisters are enduring incredible hardships at the hands of the kuffaar in so many countries, at which point will this silence be broken? It is despairing, when those who have been blessed with the knowledge and leadership (at the level of local communities) are not empowering their people in such an important matter.
It is perhaps for this reason, that many have turned to other sources, which are possibly not adopting the best approach to our current situation in the muslim world. Allah knows best.

I have chosen to write to a local mufti first (the link in the OP is also based locally) - http://www.darulihsan.com/

This site had been under construction for the past few weeks/months, but is now back on-line. Insha Allah, they will be willing to address my queries.

Assalamu Alaikum

Go to kalamullah.com and type jihad in the search engine and you will find a lot of information and books inshallah.

fi aman allah
w'salaam

Shukran my sister.

Ive learnt the hard way, to be weary of where I retrieve my Islamic knowledge.
There is nothing more precious in this dunya, then our deen - and as such, we should guard it closely....with our lives, insha Allah.

The above site has some very beneficial downloads and books from our classical scholars. However, again there are many speakers/ authors on the site who also do not follow a particular madhab when providing advices in terms of fiqh and aqeedah.
So, in this regard, I think it is best to stick to ones madhab (whatever it may be) to safeguard ourselves and insha Allah protect us from falling into error.


********

Just to expand a little on this - I think, as a general principle, we should first turn to our own local ulema/ imams whenever we have a query vs. looking for answers on-line.

The reason being is that - you can be more aware of that individuals school of thought, and you may even be able to develop a relationship with him in terms of consultation and seeking knowledge.
When we start to look for answers on-line, to important aspects in fiqh and aqeedah - where there may be differences in interpretation (and this is fine), then it is more difficult to be sure of the reliability of that site and its authors. Sometimes we may even end up on deviant sites, looking for answers to our deen.
May Allah (subhanawataála) protect our knowledge in this regard. Ameen

By way of example:
When one is afflicted by a serious illness - lets say, one has a potentially fatal heart problem. Consider: what is our first mode of action?
We look in our OWN town/ city for the BEST cardiologist to assist us (by the will of Allah). And if one cannot be found, then we look at our surrounding provinces, within the country. And if still, we are unsuccessful - then only, do we look abroad for this sort of expertise.

This is how we handle all matters of life.
So, why not for our deen.....which is way more important than any worldly possession?

In this way, insha Allah we seek advice with sincerity (vs. shopping on-line for the fatwa that most appeals to us), and we will be less likely to be led astray by the many different sects/ deviations, etc that we may find today.



:wa:

 

[~Zaria~]

Assalamu-alaikum,


I have written to our local ulema, and this is their response:

The rules of Jihaad apply to those areas where Jihaad is taking place according to the Shariah. Such people should refer to their local Ulama.

We make dua that Allah Ta’ala assist those Muslims in distress and who are oppressed and alleviate their plight.

And Allah Ta'ala Knows Best

Was Salaam


Fatwa Committee

In my question, I had made mention of some countries where our brothers and sisters are enduring incredible hardships (either at hands of the kuffaar, or whilst seeking the institution of shariah law in their lands) - e.g. Lebanon, Syria, Palestine.

From the above, my understanding is that one needs to first consider whether Jihaad is actually occurring according to Shariah in the first place......which I guess, there are differing views on this as well.

I also think that we should wait for our respected scholars to proclaim the call for jihad - whether locally or internationally.

If not, it is very possible that we can be misguided by the many groups that we currently find ourselves in the midst of.

In the interim, we can continue to make ernest duaa for our brothers and sisters - for certainly, this is our most powerful 'weapon'.
And we can continue to support relief/ aid organisations who are providing much needed food, health-care, education and much more.


May Allah (subhanawataála) make it easy on our brothers and sisters and grant this ummah victory through ways that are most pleasing to Him.
Ameen


:wa:

 

[syed_z]

Asalaam O Alaikum Sister Zaria.... nice to see you once again

Al-Tabarani [(260 AH (821 CE) 360 AH (918 CE)] recorded a Hadith

One of the signs of the end of time is that Jihad becomes shouting and just calling out names

Down with America! Down with Israel! Etc.

These are usually those Ulemas who choose not to pick up arms and fight unless government declares (which is highly unlikely).

However I have been able to understand one thing is that the fight happening against NATO in Afghanistan is jihad, as they are occupiers.

Other than that whats happening in Syria or what happened in Libya or in Iraq is all Saudi Arabia and Qatar (backed by USA) vs Irans regional influence. Its Muslims fighting Muslims. So I don't know if that is Jihad. Also a big problem these days is that many Jihadi groups are proxies of Saudi or Qatar with covert support from Israel whom they are using against their opponents in Middle East like Hezbollah and Iran and so this again ends up in a Muslim vs Muslim.

So Allah (swt) knows best. These is a lot of confusion and May Allah (swt) show us the right way.

What the Sunni Muslims need to do is, overthrow one of their Puppet Muslim regimes like Iran did and establish a base for Sunni Muslims resistance (which is not anti Iran) and which supports resistance fighters and divert their attention towards fighting USA/NATO rather than being exploited by Saudi puppets.

I hope that country that does it soon is Pakistan, I hope InshA'Allah.