Some Legal Evidences for the Conditions of Jihad

The following was taken fromthe book, al-Jihâd: Anwâ’uh wa Ahkâmuh wal-Hadd al-Fâsil Bainah wa Bain al-Fawda, by Shaikh Dr. Abu Anas Hamad bin Ibrâhîm al-‘Uthmân, a professor in the College of Sharî’ah and Islamic Studies in the University of Kuwait. I’ve only mentioned the conditions listed by the shaikh along with some of the evidences to support them from the Qur’an and the Sunnah. I’m currently working on translating at least a good deal of it, if not the whole section. That’s going to take some time though, so for now, I hope this suffices for those interested in knowing the evidences from which the scholars of the People of the Sunnah and Congregation stipulated these conditions.

1. Ability.

Allah says, «There is no harm upon the weak, nor upon the sick, nor upon those who do not find what they spend, if they are sincere to Allah and His messenger. There is no means against the good-doers» (9:91).

He also says, «There is no harm upon the blind, nor is there harm upon the lame» (48:17).

He says, «And be godly to Allah as much as you are able» (64:16).

He says, «Allah does not hold a soul liable except for its ability» (2:286).

He says,

«O Prophet, rouse the believers to fight. If there is twenty patient ones from you, they will overcome two hundred. And if there is a hundred from you, they will overcome a thousand of those who disbelieved, because they are a people [who] do not comprehend. ¤ Now, Allah relieved you and knew among you is weakness. So if there is a patient hundred from you, they will overcome two hundred. And if there is a thousand from you, they will overcome two thousand with Allah’s permission; and Allah is with the patient ones» (8:65-66).

2. Dhukūrah (Maleness).

Allah says,

«And when a chapter is revealed [enjoining] that they believe in Allah and fight along side His messenger, those given might from them seek permission from you and say, “Leave us. We will be with the sitters. ¤ They are pleased to be with the ones left behind (i.e., the women and children) and it is stamped on their hearts, for they do not comprehend» (9:86-87).

From ‘Â’ishah, may Allah be pleased with her, who said, “Surely, we see the jihad as the most virtuous of the deed, so do we not fight along with you?” He, may Allah send salutations and peace upon him, said, «For you [women], the most virtuous jihad is an accepted Hajj.» (al-Bukhârî, no. 2784).

3. The Parents’ Permission.

From ‘Abdillah bin ‘Amr, may Allah be pleased with him and his father, who said,

A man came to the Prophet, may Allah send salutations and peace upon him, seeking permission from him for jihad. He said, «Are your parents alive?» He said, ‘Yes.’ He said, «So strive for them both.» (al-Bukhârî, no. 5972, Muslim, no. 2549).

Ibn Hajar explained, ” … meaning: if you have two parents, then attain your effort in their reverence and charitable conduct to them, because that takes the place of fighting the enemy for you.” (Fat·h al-Bârî).

From Sa’îd al-Khudrî, may Allah be pleased with him, that “a man migrated to the Prophet, may Allah send salutations and peace upon him. He said, «Do you have anyone in Yemen?» He said, “My two parents.” He said, «They permitted you?» He said, “No.” He said, «Return to them, then seek permission from them. If they permit you, then fight, otherwise be reverent to them both.» (Ahmad, Abu Dâwud, and authenticated by Ibn Hibbân).

4. Freedom.

Allah says, «There is no harm upon the weak, nor upon the sick, nor upon those who do not find what they spend, if they are sincere to Allah and His messenger» (9:91), the slave is from those who do not own, and thus are included in the sentence, «nor upon those who do not find what they spend.»

5. Liability (i.e., Age of Accountability).

From Ibn ‘Umar, may Allah be pleased with him and his father, who said,

I was offered to the Prophet, may Allah send salutations and peace upon him, [to fight] on the day of Uhud when I was a son of 14 and he did not allow me, while I was offered to him [to fight] on the day of al-Khandaq when I was a son of 15 and he permitted me. (al-Bukhârî, no. 4097).

6. Distinctness of the Banner.

Allah says, «Fight them until there is no tribulation and the religion is for Allah» (2:193).

From Abî Hurairah, may Allah be pleased with him, who said,

Allah’s messenger, may Allah send salutations and peace upon him, said, «Whoever fought under a banner of ignorance getting angry for a group, or calling to a group, or aiding a group, then is killed, then it is a death of the days of ignorance.» (Muslim, no. 1848).

7. The Patron of the Affair’s Permission.

Allah says, «May Allah pardon you. Why did you permit them [to stay behind]? [You should have waited] until those who were truthful was made clear to you and you knew the liars» (9:43).

He said, «Those who believed in Allah and the Last Day would not seek permission from you that they [be excused from] fighting with their wealth and their selves; and Allah knows the godly» (9:44).

Allah says,

«Certainly, the means is against those who sought permission from you [to stay behind] while they were rich. They were pleased to be with the ones left behind (i.e., the women and children) and Allah sealed their hearts, for they do not know» (9:93).

Allah says, «So if Allah brought you back to a group from them seeking permission from you to attack, say, “You will never go out [for battle] with me and you will not fight the enemy with me» (9:83).

Allah says, «Certainly, the believers are those who believed in Allah and His messenger, and if they were with him on a collective matter, they would not go until they sought permission from him» (24:62).

From Ibn ‘Abbâs, may Allah be pleased with him and his father, that Allah’s messenger, may Allah send salutations and peace upon him, said, «There is no migration after the conquest [of Mecca], but jihad and intention. If you are called to fight, then hasten.» (al-Bukhârî, no. 2825).

From ‘Â’ishah, may Allah be pleased with her, who said, “I sought permission from the Prophet, may Allah send salutations and peace upon him, for jihad and he said, «Your jihad (i.e,. women’s jihad) is the Hajj.»” (al-Bukhârî, no. 2875).

From Ibn ‘Umar, may Allah be pleased with him and his father, who said,

I was offered to the Prophet, may Allah send salutations and peace upon him, [to fight] on the day of Uhud when I was a son of 14 and he did not allow me, while I was offered to him [to fight] on the day of al-Khandaq when I was a son of 15 and he permitted me. (al-Bukhârî, no. 4097).

From Abî Hurairah, may Allah be pleased with him, who said, “Allah’s messenger, may Allah send salutations and peace upon him, said, «The imam is a shield, one fights from behind him.» (al-Bukhârî, no.2957).

8. Distinguishing the Ranks.

Shaikh Abu Anas explains, “Distinguishing the ranks such that the believers are not intermingled with the disbelievers from the aspect of jihad against them not being possible except by striking or killing the Muslims.”

Allah says,

«If it were not for believing men and believing women you did not know of that you may trample and a disgrace strikes you from them without knowledge, so that Allah includes whoever He wills in His mercy. If they were separate, surely We would punish those who disbelieved from them with a painful punishment» (48:25).

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About Rasheed Gonzales
My name is Rasheed Gonzales. I’m a Muslim convert of Filipino descent. Born and raised in Toronto, Canada, I was guided to Islam through one of my younger brothers and a couple of friends, all of whom had converted to Islam sometime before me (may Allah reward them greatly). I am married with four children (and the praise is Allah’s) and also a volunteer for the Qur'an & Sunnah Society of Canada, based in Toronto.

16 Responses to Some Legal Evidences for the Conditions of Jihad

  1. Yusuf says:

    As-Salaamu ‘Alaykum,

    Did you happen to read his recent article (السيف تابع للكتاب لا العكس)? It is quite brief and would be beneficial to translate.

  2. Wa ‘alaikum as-salam wa rahmatullah brother Yusuf,

    I pray all is well with you and your family. May Allah reward and bless you for the suggestion. I haven’t seen the shaikh’s article, however. Do you have a link to it? I’d like to read it if you do.

  3. Yusuf says:

    Here is a link on a forum (warning: VERY mixed crowd). The article has resulted in 150+ post debate with Dr. ‘Abdullah al-Farsi defending the article and elaborating on a few points while those who disagree with him only keep responding that he is a murji:

    http://www.muslm.net/vb/showthread-t_294480.html

    It is at a couple of other links too, such as:

    http://www.ajurry.com/vb2/showthread.php?t=4690
    http://www.sahab.net/forums/showthread.php?t=357804

  4. May Allah reward and bless you for the links to the article. I’ll try skimming through the book I took these conditions from to see if it’s where the article was originally taken from. I’ve already found a section of the beginning of the book titled, “ad-Dîn Qâm bil-Wahy was-Saif li-Himâyah ad-Dîn wa Qitâl Man Yamna’ Tablîghah” underwhich he’s got “Ibn Taimiyyah: as-Saif Tâbi’ lil-‘Ilm wal-Hujjah”.

    On another note, I find it very ironic that al-Farsi’s being accused of being a murji’, given all the stuff that’s come from him in the recent past with respect to Shaikh ‘Alî Hasan al-Halabî.

  5. Pingback: Key to Paradise in Review: Part 1 « Rasheed Gonzales

  6. Ahmed says:

    what about offensive jihad? are muslims required to conquer the world?

  7. what about offensive jihad? are muslims required to conquer the world?

    Allah is more knowledgeable; I personally don’t know of any text or any scholar who has said that Muslims are required to conquer the whole world.

    In the book Ahkâm al-Jihâd ‘ind Ibn Taimiyyah wa Tatbîqâtuh al-Mu’âsirah (Jihad’s Rulings According to Ibn Taimiyyah and Its Contemporary Applications), which was compiled by Hasan ‘Abdur-Rahman Husain Wahdân, it’s mentioned that according to Ibn Taimiyyah, the objective or goal from which jihad was legislated was “enslavement of the people to their Creator” and that “this goal does not come except by the jihad of starting and seeking,” i.e., offensive jihad (see pg. 221). This sounds kind of sinister and imperialistic, but what is meant by “enslavement” here, is basically to make the people “slaves of Allah”, i.e., to make them Muslims.

    Earlier in the book, the compiler lists four pursuits of jihad as mentioned by Ibn Taimiyyah (see pgs. 71-72), all of which relate to the establishment of Allah’s religion as highest and removing the tribulation. As Allah says, «Fight them until tribulation (fitnah) does not exist and the religion exists for Allah» (2:193). In his exegesis of this verse, Ibn Kathîr mentions that tribulation in this verse refers to polytheism, as explained by Ibn ‘Abbâs and others from the Predecessors. He also mentions that the religion existing for Allah means that it is apparent and elevated over the rest of the religions. He also mentions a hadîth recorded by Imam al-Bukhârî in his Sahîh narrated by Ibn ‘Umar, may Allah be pleased with him and his father, where two men came to him during the tribulation involving ‘Abdullah bin az-Zubair. They said to him, “Surely the people are doing [something] and you are Ibn ‘Umar, a companion of the Prophet, may Allah send salutations and peace upon him. So what prevents you from going out [to fight]?” He said, “That Allah forbade my brother’s blood prevents me.” They said, “Did Allah not say, «And fight them until tribulation does not exist»? He said, “We fought until tribulation did not exist and the religion was for Allah, while you desire to fight until tribulation exists and the religion is for Allah than Allah.”

  8. Abdul Samad says:

    بسم الله الرحمن الرحيم

    As-Salaamu ‘alaikum wa Rahmatullaahi wa Barakaatuh,

    Kayfa Haalukum my brothers?

    I would just like to share an important point regarding Jihaad fee sabeelillaah inshaa’allaah, which some brothers may have confusion on.

    I would just like to share some ahaadeeth which proves that there is Jihaad currently occuring as we speak, and that those who are involved in this Jihaad are Mujahideen in the path of Allaah. Furthermore, those who say now is not the “time” for Jihaad, regardless of the enemies transgression of the Muslim Ummah in every sense of the word, are proved wrong by the nass, or text, of the Sunnah of the Messenger of Allaah, sallallaahu ‘alayhi wasallam.

    These great Mujaahideen in ‘Iraq, Afghanistan, Pakistan, Chechnya, Algeria, and all other lands of the Muslims occupied by the kuffaar and their puppet tawaagheet, are performing out the defensive Jihaad which is Fard ‘Ayn on every Muslim by the Ijmaa’ of the ‘Ulamaa’:

    “There will always be people establishing this Religion, a party of the Muslims fighting for it, until the Hour is established.”
    [Saheeh Muslim]

    “There will always be a group of my nation, fighting for the commandments of Allaah, subjugating their enemy, not harmed by those who oppose them, until the Hour arrives and they are still like this.”
    [Saheeh Muslim]

    “There will always be a group of my nation, fighting for the truth, apparent, until the Day of Resurrection… ‘Eesaa (Jesus)(Sallallaahu ‘Alayhi wa Sallam) will descend. So their leader will say to him, ‘Come, lead us in prayer.’ So he will say, ‘You are leaders over each other.’ An honor from Allaah for
    this nation.”
    [Saheeh Muslim]

    So after this clear text who could contradict this and claim that there is no Jihaad now?

    May Allaah guide us to His Pleasure and give us understanding of His Religion.

    Baarakallaahu feekum ya ikhwaan.

  9. Wa ‘alaikum as-salam wa rahmatullah wa barakatuh, brother Abdul Samad.

    May Allah reward and bless you for mentioning these narrations of the famed hadîth: «There will not cease [being] a group from my nation, apparent on the truth, those who forsake them will not harm them until Allah’s command comes and they are like that.»

    All these hadîths were included by Imam Muslim in his chapter on the Emirate, under the chapter “There will not cease [being] a group from my nation apparent upon the truth, those who differ with them do not harm them”.

    In his explanation of Sahîh Muslim, Imam an-Nawawî mentions,

    His statement, «There will not cease [being] a group from my nation, apparent on the truth, those who forsake them will not harm them until Allah’s command comes and they are like that,» may Allah send salutations and peace upon him: this hadîth’s explanation has preceded along with what resembles it towards the end of Kitâb al-Îmân. There, we mentioned the integration of the mentioned hadîths in this meaning; that the intent of his statement, «until Allah’s command comes,» is of the wind that comes to take the souls of every male and female believer; that the intent of the narration of whoever narrated «until the Hour is established» means the drawing close of the Hour, i.e., the wind’s coming out. As for this group, then al-Bukhârî said, “They are the people of knowledge,” while Ahmad bin Hanbal said, “If they are not the People of Hadîth, then I do know who they are.” Qâdî ‘Iyâd said, “Ahmad certainly meant the People of the Sunnah and Congregation and whoever believed in the opinion of the People of Hadîth.” I say it is taken that this group is of various types of Muslims. From them are the heros who fight, from them are the jurists, from them are the traditionists, from them are the ascetics, and the commanders of the recognized [good] and the prohibitors of the reprehensible [acts], from them are other types from the report. It is not necessary that they be assembled, but could be dispersed among the regions of the land.

    As mentioned above, jihad has its conditions. If these conditions are not met, then what these people are doing is not jihad, as has been stated by many scholars from the People of Sunnah of today; and among these scholars are those who explicitly mentioned that what is going on in Iraq is not jihad, but chaos.

  10. as-Salam ‘alaikum wa rahmatullah brother Abdul Samad,

    I am wondering why you did not allow my last post to be placed on here, including the following hadeeth? You cannot hide the truth from the people. Do you want to hide part of the religion and show part of it?

    My not approving your last batch of posts has nothing to do with hiding truth from people. I am on vacation at the moment and do not have any of my books with me and thus do not have time, nor ability to reply to your claims regarding today’s situation.

    For the time being, I think it’s enough to say that Shaikh Hisham al-‘Arif, who lives in Jerusalem, the heart of Palestine, is among those who have said there is no jihad, offensive or defensive, present today.

    You can disagree with him if you like; that’s up to you. However, as I do not wish to be busied with having to unapprove comments you post, your posts will now be moderated for the time being, until I get the opportunity to reply to the comments you’ve already posted (which will probably be when I return home next month).

    May Allah reward and bless you for your efforts in propagating what you believe to be the truth. I pray that Allah guides you and I to whatever pleases Him.

  11. Abu Ninja says:

    Rasheed Gonzales said,

    I think it’s enough to say that Shaikh Hisham al-’Arif, who lives in Jerusalem, the heart of Palestine, is among those who have said there is no jihad, offensive or defensive, present today.

    Asalaamualaikum wa rahmatullah

    I pray you are well akhee Rasheed.

    I have been reading your blog for quite a while and I really thought that you were from the well balanced salafis Allhamdulillah.

    However after reading the above comment akhee, walahee im really shocked! To quote a scholar who says there is no jihad anywhere in the world?! I have some questions for you akh:

    1. When a kafir soldier forcefully enters your home and tries to kill/rape your wife. Are you allowed to defend her? Or do you say, “Sorry there is no jihad in today’s time.” EVERY Muslim would rush to defend his family. That is part of defensive jihad.

    2. To pick and choose the statements of scholars which suit your manhaj if from the actions of the people of desires. Akhee are you really unaware of the statements of Shaikh Rabee, Shaikh Safar al-Hawali and many other scholars who say that wihout ANY doubt there is Jihad that exists today.

    Sorry akhee if any of my comments sound harsh, im just really shocked you hold such an opinion. I suggest you read akh, ‘Defense Of The Muslim Lands’ by Shaikh Abdullah Azzam. The book was published ON the request of Shaikh Ibn Baaz (raheemaullah) and checked and signed BY Shaikh Uthaimeen (raheemaullah). You will see that there is IJMAA that whenever a kufaar army invade a Muslim land, then Jihad becomes Fard al-Ayn! An many of the conditions of Jihad which you mentiond, no longer apply.

    For ANY person or ANY scholar to go against the Ijmaa shows either two things, ignorance on the issue (which is the case with the many who hold such opinions) or intentionally hiding the truth.

    May Allah reward all your good actions akhee and I apologize if I have offended you. I humbly request you not edit any of this post. If you decide you need too, I will really be disappointed akhee, but at the end of the day its your blog.

    May Allah shower you and your family with blessings in this blessed month.

    Wasalaam

    Abu Ninja

  12. Wa ‘alaikum as-salam wa rahmatullah wa barakatuh brother “Abu Ninja”.

    May Allah reward and bless you for your comment and concerns. May He also allow you to make the most of this blessed month and accept your acts of worship devoted to Him, exalted is He.

    I will address your comment very briefly, as there are a number of comments posted by brother Abdus Samad which I still have to get to. I’ve just gotten back home from my trip to the UK and have not gotten back to my regular routines yet.

    1. When a kafir soldier forcefully enters your home and tries to kill/rape your wife. Are you allowed to defend her? Or do you say, “Sorry there is no jihad in today’s time.” EVERY Muslim would rush to defend his family. That is part of defensive jihad.

    You are in no doubt correct that not just when a disbeliever, but rather anyone—Muslim or non-Muslim—forceably enters your home in order to do you some sort of harm, whether to yourself, your family, or your wealth and property, you are allowed to defend yourself et al. against such a threat. And yes, this is part of defensive jihad. However, to understand Shaikh Hishâm’s words to understand that one cannot defend himself in such a situation is ridiculous and an injustice to the shaikh.

    All I will say at the current time is that this particular situation where a man’s home is broken into is not what is being referred to when it is said by some of the scholars of the People of the Sunnah and Congregation that there is no jihad at the current time.

    For your information (and anyone else’s who wishes to know), none of the scholars I refer to for knowledge and learning oppose the fact that defending Muslim lands from non-Muslim invaders is a religious duty that must be performed.

  13. Abu Ninja says:

    Asalaamualaikum wa rahmatullah wa barakatuh.

    Akhee Rahseed, Jazakallah khair for your reply. An I pray that you and your family had a safe trip back to your home.

    Akh personally I feel it is a great injustice to qoute those scholars who hold the opinion that there is no jihad ANYWHERE in the world today. As it is well known that most of the scholars of Ahlus Sunnah don’t hold such a view.

    Also as you know akhee, some of the scholars use hikmah when addressing the issue of jihad in current times. So without specifically saying that there is Jihad in such and such place, they say things like, “When the kufaar invade ANY land of the Muslims, then Jihad becomes fard al-ayn.” An it well known to anyone who has studied the rules and regulations related to Jihad from classic texts, that when Jihad becomes fard al-ayn, most of the normal conditions pertaining to Jihad, like the ones you mentioned, no longer apply.

    Some of our scholars like Shaikh Ibn Uthaimeen (raheemaullah) for example have even given some fataawa on Jihad, which I know for a fact, if many of the Salafis in the West heard, their jaws would drop! However these types of fataawa are not spread in the West.

    Anyway akh, may Allah reward you for all your efforts in spreading the pure dawah. An may Allah shower you and your family with blessings.

    Your brother,

    Abu Ninja

  14. Wa ‘alaikum as-salam wa rahmatullah, Abu Ninja.

    As it is well known that most of the scholars of Ahlus Sunnah don’t hold such a view.

    That of course is debatable. It is also dependant not only on who you consider to be from the scholars of the People of the Sunnah and who you don’t, but also on what you’re referring to when you say “jihad”.

    So without specifically saying that there is Jihad in such and such place, they say things like, “When the kufaar invade ANY land of the Muslims, then Jihad becomes fard al-ayn.”

    Such verdicts are general. None of the scholars I refer to for knowledge would disagree with such rulings. There is a difference, however, between general rulings and their practical applications, not to mention the difference between general rulings and verdicts given for specific situations and circumstances.

    I do not wish to get into a long drawn out discussion regarding these issues at this time, however. I, as you probably do, would much rather focus my time on doing other more important things during this blessed month.

    May Allah reward and bless you for your comments.

  15. Abu Najm Muhammad says:

    As Salaamu Alaykum,

    In response to the question about fighting against the one who forcefully enters the home is a narration from the Prophet, SAWS, that states, in so many words, ‘there will come a time when one should cling to his threshhold, and if someone comes in to kill you, then be like the better of the two sons of ‘Adam, AS….

    I am not saying what is what here, just a narration that came to mind about that point….

    Wa ‘Allahu ‘Alam

  16. al-boriqee says:

    Ahmed

    Yes there is Jihad at-Talib (offensive jihaad) and this jihaad is not called “conquering the world” nor can it be equated to that. offensive jihaad is not conquering the world.

    Salafi ninja

    while that may be what the shaykh says, from what is apparently understood from his words is that there is no actual legalized shar’i effort of jihaad because all of the various places fail to meet some or even a good portion of those very conditions of jihaad for which Rasheed has posted, and the mother reason is the issue of what to fight for, as most, if not all the groups that are fighting, are not fighting for the reason of Allah. And if it is for reasons other than the reason of Allah, then it is not called jihaad it is called harb.

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