The Shari'ah Commandment of Jihad 0094~0099

FIQH: AHLUS SUNNAH WAL JAMA'AH -
TRADITIONAL SHAFI'I SCHOOL OF JURISPRUDENCE


WHO IS OBLIGATED / NOT OBLIGATED TO FIGHT IN JIHAD

Those called upon to perform Jihad when it is a communal obligation are:

every able bodied man who has reached puberty and is sane.

The following individuals are not allowed in Shari'ah to participate in Jihad:

1. Someone in debt, unless his creditor gives him leave;
2. Someone with at least one Muslim parent, until they give their permission;

Such rules take presedence unless the Muslims are surrounded by the enemy, in which case it is permissible for them to fight without permission.


THE CALIPH'S ORDER

It is offensive to conduct a military expedition against hostile non-Muslims without the Caliph's permission; though if there is no Caliph, then no permission is required. It must be understood here that a Caliph is the leader of the Muslim land in discussion who rules by the Divine Laws of Shari'ah.


ASSISTANCE FROM NON-MUSLIM ALLIES

Muslims may not seek help from non-Muslims allies unless the Muslims are considerably outnumbered and the allies are of goodwill towards the Muslims.


THE OBJECTIVES OF JIHAD

The Caliph of the Muslim land makes war upon non-Muslims only after he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax i.e. Jizyah - which is the significance of them paying it, not the actual money itself, while remaining in their ancestral religions. When war is announced, the war continues until they become Muslim or else pay the Jizyah in accordance with the word of Allah Most High in the Qur'an:

"Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His Messenger have forbidden, who do not practice the religion of truth, being of those who have been given the Book, until they pay the Jizyah (poll tax) out of hand and are humbled." (Surah 9: Ayat 29)


THE SACRED VALIDITY PERIOD OF JIZYAH

Jizyah or poll tax to non-Muslims inhabiting Muslim land will be valid before the final descent of the Prophet Isa AS (Jesus). After the final coming of Isa AS, nothing but Islam will be accepted from them, for taking the poll tax is only effective until Isa AS's descent, which is the divinely revealed law of the Prophet Muhammad SAW. The coming of the Prophet Isa AS does not entail a separate divinely revealed law, for Isa AS will rule by the law of our Prophet Muhammad SAW. As for the Prophet Muhammad SAW's saying:

"I am the last, there will be no Prophet after me."

This does not contradict the final coming of Isa AS, since he will not rule according to the Injil (Evangel), but as a follower of our Prophet SAW.


THE FIGHTING AFTER JIHAD IS ANNOUNCED

The Caliph fights all other peoples until they become Muslim and are not permitted to settle with paying the Jizyah.