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.

The Shari'ah Commandment of Jihad 0093

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

Jihad is Fardhu 'Ain (personally obligatory) for everyone who is able to perform it, let them be male or female, old or young - when the enemy has surrounded the Muslims on every side, having entered our territory, even if the land consists of ruins, wilderness, or mountains.

This is due to the fact that non-Muslim forces entering Muslim lands is a weighty matter that cannot be ignored, but must be met with effort and struggle to repel them by every possible means. All of which is if conditions permit gathering the above-mentioned people, provisioning them, and readying them for war.

If conditions do not permit this, as when the enemy has overrun the Muslims such that they are unable to provision or prepare themselves for war, then whoever is found by non-Muslim and knows he will be killed if captured is obliged to defend himself in whatever way possible. But if not certain that he will be killed, meaning that he might or might not be, as when he might merely be taken captive, and he knows he will be killed if he does not surrender, then he may either surrender or fight.

A woman too has a choice between fighting or surrendering if she is certain that she will not be subjected to an indecent act if captured. If uncertain that she will be safe from such an act, she is obliged to fight, and surrender is not permissible.

The Shari'ah Commandment of Jihad 0091, 0092

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


THE OBLIGATORY CHARACTER OF JIHAD

Jihad is a communal obligation i.e. Fardhu Kifayah. When enough people perform it to successfully accomplish it, it is no longer obligatory upon others.

The evidence for this is the Prophet Muhammad SAW's saying:

"He who provides the equipment for a soldier in Jihad has himself performed Jihad."


Allah Most High says:

"Those of the Believers who are unhurt but sit behind are not equal to those who fight in Allah's path with their property and lives. Allah has preferred those who fight with their property and lives a whole degree above those who sit behind. And to each, Allah has promised great good." (Surah 4: Ayat 95)

If none of those concerned perform Jihad, and as a result - the Jihad does not happen at all, then everyone who is aware that it is obligatory is guilty of sin, if there was a possibility of having performed it.

During the time of the Prophet Muhammad SAW, Jihad was a communal obligation after his Hijrah (emigration) to Madinah. As for subsequent times, there are two possible states in respect to non-Muslims:

1. The first is when they are in their own countries, in which case Jihad is a communal obligation, and this is what is meant by the phrase - "Jihad is a communal obligation" - meaning that it is Fardhu Kifayah upon the Muslims each year.

2. The second state is when non-Muslims invade a Muslim country or near to one, in which case Jihad is personally obligatory upon the inhabitants of that country, who must repel the non-Muslims with whatever they can.

Jihad is personally obligatory upon all those present in the battle lines, and to flee is a major sin, provided one is able to fight. If one is unable, e.g. because of illness or the death of one's mount when not able to fight on foot, or because one no longer has a weapon, then one may leave. One may also leave if the opposing non-Muslim army is more than twice the size of the Muslim force.

The Shari'ah Commandment of Jihad 0090

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

JIHAD

Jihad means to war against non-Muslims, and is etymologically derived from the word "Mujahadah" - signifying warfare to establish the religion. And this is the lesser Jihad. As for the greater Jihad, it is spiritual warfare against the lower self (Nafs), which is why the Prophet Muhammad SAW said as he was returning from jihad:

"We have returned from the lesser Jihad to the greater Jihad."


EVIDENCE FROM THE QUR'AN

The scriptural basis for Jihad, prior to scholarly consensus can be referred to such Qur'anic verses as:

"Fighting is prescribed for you.'' (Surah 2: Ayat 216)

"Slay them wherever you find them.'' (Surah 4: Ayat 89)

"Fight the idolators utterly.'' (Surah 9: Ayat 36)


EVIDENCE FROM AHADITH

Evidence from the Ahadith of Rasulullah SAW include the authentic narration from Bukhari and Muslim that the Prophet Muhammad SAW said:

"I have been commanded to fight people until they testify that there is no God but Allah and that Muhammad is the Messenger of Allah, and perform the Solat, and pay the Zakat. If they say it, they have saved their blood and possessions from me, except for the rights of Islam over them. And their final reckoning is with Allah." (Bukhari, Muslim)


The following Hadith reported by Muslim mentions similar:

"To go forth in the morning or evening to fight in the path of Allah is better than the whole world and everything in it.''


EVIDENCE FROM SIRAH / HISTORY OF THE PROPHET MUHAMMAD SAW

Details concerning Jihad are found in the accounts of the military expeditions of the Prophet Muhammad SAW, including his own martial forays and those on which he dispatched others. The former consist of the ones he personally attended, some twenty-seven (other Muslim historians say twenty-nine) of them. The Prophet Muhammad SAW fought in eight of them, and killed only one person with his noble hand, Ubayy ibn Khalaf RA, at the battle of Uhud. On the latter expeditions he sent others to fight, himself remaining at Madinah, and these were forty-seven in number.

Salahuddin Ayyubi RA - A Brief Biography

Salahuddin Ayyubi RA (Saladin), a name that inspired both fear and respect in the crusaders eyes and in Europe's eyes even today. He was a devout Muslim to whom Islam meant everything, he would never miss his daily five times prayers even when he was ill, and had a dislike for people who tried to instill free-thinking, unnecessary debate and controversy into the doctrines of Islam. He truly loved the Qur'an and wept upon hearing it read. In spite of being a ruler, he journeyed in search of knowledge, travelling to a scholar to learn the Muwatta of Imam Malik RA.

During his youth he was a quiet methodical thinker given more to religious study than military ambition. As a child he was taught the recitation of the Holy Qur'an, the Arabic language and the Shari'ah. This basis proved to be effective in his middle age.

He also did many things to encourage people in their worship such as building Madrasahs. He also abolished those tolls that pilgrims had to pay on their way to Makkah.

Salahuddin Ayyubi RA had many interests, ranging from geography and history, to commerce and politics, and was opened to suggestions on most subjects, for when they concerned Islam.
His generosity was boundless. Once he paid a debt of 200,000 Dinars off for his brother, though he himself stayed steadfast. The vast empire that was to come under his command meant that he had extensive riches in his hand, yet his accountants had to keep some of his financial details a secret from their master, afraid that he would give it all away and there would be nothing left for real emergencies.

Salahuddin RA was kind and gentle, one to treat everybody feuitly. Though above all this was his duty to Allah and the Jihad. Bahauddin RA - his faithful secretary stated:

"I never knew him to show any anxiety about the numbers and strength of the enemy. He would listen to plans of all kinds and discuss their consequences without any excitement or loss of composure."

This was the same Salahuddin Ayyubi RA - a person who is known as a chivalrous and legendary figure in European history also, a figure who respected his friends as well as his foes.

When Richard's horse was killed in battle, Salahuddin sent him a fresh one saying:

"It is not proper that a warrior should have to fight on foot."

In times of war he was extremely generous to enemy civilians, allowing them to go free with their lives and goods, an act of humanity that was rarely shown to the Muslims by their enemies.

On the 4th of March, 1193, this noble servant of Allah left the world. At his death, though he was the most powerful and greatest in the Muslim empire of the era, he had only one gold piece and 47 silver pieces to his name. He owned no property and had paid off all his debts. While his family mourned him, those close to the courageous man found that, at the time of his death, he did not posses enough money to pay for his own Janazah (burial).

This was Salahuddin Ayyubi RA. An example for leaders to come, and a true servant of Allah. May Allah’s Mercy be upon him. Ameen.

The Failure of Ka'ab bin Malik RA to Join the Tabuk Expedition

Among the Munafiqin who did not join the Tabuk expedition, there were more than eighty persons from among the Ansar and an equal number from amongst the nomadic Arabs and a large number from the out-stations. Not only did they stay behind themselves, but they induced others to not go by saying:

"Go not forth in the heat."

Allah's reply to this is:

"Say the fire of Hell is of more intense heat."

From amongst the faithful, there were only three persons who failed to rally to the Prophet Muhammad SAW's call. They were:

1. Murarah bin Rabi RA;
2. Hilal bin Umayyah RA; and
3. Ka'ab bin Malik RA.

Murarah RA had orchards of dates, laden with fruit. He persuaded himself to lag behind with the plea:

"I have taken part in all the campaigns so far. What possible harm would befall the Muslims, if I miss this one?"

He feared the loss of his entire crop in his absence, and this prevented him from going out. But when he realised his folly, he gave away in charity the whole crop and garden, too, that had caused him to tarry behind the Prophet Muhammad SAW.

Hilal RA's case was different. Some of his kinsfolk who had been away for a long time had just returned to Madinah. It was for the sake of their company that he did not join the expedition. He also had participated in all the campaigns previously and thought (like Murarah RA) that it would not matter much if he missed just that one campaign. When he came to know of the seriousness of his default, he made up his mind to sever all his connections with those relatives who had been the cause of that blunder.

Ka'ab bin Malik RA himself gives his account in detail, which is quoted in all books of Hadith.

He says:

"I had never been financially so well off as I was at the time of Tabuk. I had two dromedaries (camels) of my own. I had never possessed this number before. It was a habit with the Prophet (SAW) that he never disclosed the destination of his expeditions, but he would keep enquiring about the conditions prevailing elsewhere. But this time in view of the distance, the hot season, and the strength of the enemy, he had declared his destination, so that preparations could be made thorough and complete. The number of the participants was so large that it was difficult to note down their names even, so much so, that absentees could hardly be detected in the large host. The gardens of Madinah were full of fruit. I intended every morning to make preparation for the journey but, somehow or other, the days passed by and I made no progress. I was satisfied that I had all the necessary means at my disposal and that I would be ready in no time if I once did decide to do so.

I was still in this state of indecision when I learnt that the Prophet (SAW) had left with his companions. The idea still lingered in my mind that I would take a day or two to get ready and overtake the party. This procrastination continued till the time for the Prophet's (SAW) arrival in Tabuk drew very near. I then tried to get ready but again, somehow or other, I did not do so. Now, when I came to look at the people left behind, I realised that there was none in Madinah except those who had been condemned as Munafiqin or had been specially exempted from going for certain reasons.

The Prophet (SAW) on reaching Tabuk inquired as well:

"How is it that I do not see Ka'ab?"

Somebody said:

"O, Prophet of Allah - His pride in wealth and ease has caused him to stay behind."

Ma'az interrupted and said:

"No, this is wrong. As far as our knowledge goes, he is a true Muslim."

The Prophet (SAW) however, kept quiet."


Ka'ab bin Malik RA says:

"After a few days I heard the news of the Prophet's (SAW) return. I was struck with grief and remorse. Good excuses one after the other entered my mind, and I was sure that I could escape the Prophet's (SAW) wrath with one of them for the time being, and later on I could pray for forgiveness to Allah. I also sought advice of the wise men of my family in the matter. But when I knew that the Prophet (SAW) had actually arrived, I was convinced that nothing but the truth would save me; so I decided to speak out the plain truth.

It was a habit with the Prophet (SAW) that whenever he returned from a journey he would repair to the masjid, first of all, say two raka'ats "Tahiyyatul Masjid" and then stay there for a while to meet visitors. Now also, as he sat in the musjid, the Munafiqin came and placed before him on solemn oaths, their excuses for failing to accompany him on the campaign. He took them at their words, leaving the rest to Allah.

Just then I came and greeted him with Salaam.

He turned his face with a sardonic smile. I besought him with the words:

"O, Prophet of Allah! You turn your face from me. By Allah! I am neither a Munafiq, nor have I the least doubt in my faith."

He asked me to draw near and I did so.

He then said to me:

"What prevented you from going out? Had you not purchased the dromedaries?"

I made a reply:

"O, Prophet of Allah - If I were dealing with a worldly man, I am sure I would escape his displeasure through (seemingly) reasonable excuses, for Allah has endowed me with the gift of the gab. But in your case I am sure that if I appease you with a false statement, Allah would be displeased with me. And, on the other hand, I am sure that if I displease you by confessing the simple truth, then Allah would very soon blow away your displeasure. I, therefore, make bold to speak the very truth.

By Allah, I had no excuse at all.

I had never been so well to do as I was at that time."

The Prophet (SAW) remarked:

"He is speaking the truth."


He then said to me:

"You go away, Allah will decide about you."

"When I left the masjid, many a man of my clan blamed me and admonished me thus:

"Never before you had committed any wrong; if after making some good excuse for once, you had requested the Prophet (SAW) to pray for your goodness, surely his prayer would have sufficed you."

I inquired of them if there were any more people like me. They informed me that there were two other persons - Hilal bin Umayyah and Murarah bin Rabi, who also had admitted their faults like me and received the same reply from the Prophet (SAW).

I knew that both of them were very good Muslims and had participated in the Campaign of Badr.

The Prophet (SAW) issued instructions that none was to speak with the three of us."

It is a common principle that displeasure is shown where some attachment exists, and a reprimand is given when there is hope for correction. A reprimand to an incorrigible person would be a futile effort.


Ka'ab bin Malik RA continues:

"Under the instructions of the Prophet (SAW), the Sahabah completely boycotted us. Nobody was prepared to mix with or even speak to us. It seemed as if I was living in a strange land altogether. My own birthplace looked like a foreign locality and my bosom friends behaved like strangers.

"The earth, vast as it is, was straightened" (Surah 11: Ayat 113) for me.

The thing that worried me most was that, if I died in this condition, the Prophet (SAW) would not lead my funeral prayer, and if the Prophet (SAW) died in the meantime, I would be doomed forever, with none to talk to me and with none to pray at my funeral.

The other two companions of mine confined themselves to their houses. I was the most daring of the three; I would go to the market, and join the Jamaat for Solat, but nobody would talk to me. I would approach the Prophet (SAW) and say 'Assalaamu'alaikum' and would watch eagerly to see if his lips moved in reply. After Fardh, I used to complete the (sunnat) Solat by standing close to him, and I would look at him from the corner of my eye to learn if he ever cast a single glance at me. I noticed that when I was engaged in Solat he did glance at me, but when I was out of it, he would avert his face from me."


Ka'ab bin Malik RA continues:

"When this complete social boycott became too hard for me to bear, I, one day, climbed up the wall of Qatadah, my dear cousin, and,greeted him with 'Assalaamu'alaikum'. He did not return my greetings.

I said to him:

"For Allah's sake, do answer me one question. Do you not know that I love Allah and His Prophet (SAW)?"

He kept quiet.

Again I repeated my request, but again he would not speak.

When I inquired for the third time, he simply said:

"Allah and His Prophet (SAW) know best."

At this, tears welled out of my eyes and he left me alone."


Ka'ab bin Malik RA says:

"Once, I was passing through a street of Madinah, when I noticed a Coptic Christian, who had come from Syria to sell his grain, inquiring about Kaab bin Malik. When people pointed me out to him, he came and made over a letter to me from the Christian King of Ghassan.

Thus it read:

"We have come to know that your master has ill-treated you. Allah may not keep you in abasement and in disgrace. You had better come to us. We shall extend all help to you."

When I read this letter, I uttered:

"Innalillahi Wa Inna Ilaihi Raaji'uun"
("To Allah we belong and to Him is our return"); and said:

"So my state of affairs (had) reached such an ebb that even the Kafirs were aspiring to draw me away from Islam."

I could not imagine a calamity worse than that. I went and threw the letter into an oven.

Thereafter I presented myself to the Prophet (SAW) and exclaimed:

"O, Prophet of Allah! Your indifference towards me has lowered me to such an extent that even the Kafirs are building up their hopes over me."

When forty days had passed in this condition, a messenger of the Prophet (SAW) brought me this mandate:

"Be separated from your wife."

I inquired:

"Am I to divorce her?"

He replied:

"No, only be separated."

A similar message was delivered to my other two companions as well.

I consequently said to my wife:

"Go to your parents and wait till Allah decides my case."

Hilal's wife went to the Prophet (SAW) and said:

"O, Prophet of Allah! Hilal is an old man and there is nobody else to look after him. If I go away from him, he will perish. If it is not very serious, kindly permit me to keep attending to him."

The Prophet (SAW) replied:

"There is no harm, provided you don't indulge in cohabitation with each other."

She remarked:

"O, Prophet of Allah - He has no urge for such a thing; since the day his ordeal has started, he has been spending his entire time in weeping."

Ka'ab bin Malik RA says:

"It was suggested to me that I might also request the Prophet (SAW) for permission to keep my wife with me for service, but I said (to myself)- Hilal is old, while I am young. I do not know what reply I shall get and, as such, I have no courage to make the request."


Ka'ab bin Malik RA continues:

"Another ten days passed and now our ordeal had lasted for a full fifty days. On the morning of the fiftieth day, when I had said my Fajr prayer and was sitting on the roof of my house stricken with grief, and the earth had "straightened" for me and the life had become dismal for me, I heard a crier's cry from over the top of the Mount Sula:

"Happy tidings to you, O, Ka'ab !."

The moment I heard this, I fell prostrate on the ground and tears of joy rolled down my cheeks, as I understood that the ordeal was now over. In fact, the Prophet (SAW) had announced the Divine forgiveness for all three of us after the Solat that morning. At this, a person ran up the top of the mountain and yelled out the cry that had reached me. Thereafter, a rider came galloping to deliver the same happy news to me.

I gave away as a gift the clothes, I was wearing, to the messenger of gladtidings. I swear by Allah I had no other clothes in my possession at that time. I dressed up by borrowing clothes from some friend and went to the Prophet (SAW). As I entered the musjid, the people in the audience of the Prophet (SAW) ran to congratulate me. Abu Talha (RA) was the first to approach me. He shook my hand with a warmth that I shall never forget.

Thereafter I offered my salutation to the Prophet (SAW). I found his face beaming and radiant like the full moon. This was usual with him at times of extreme joy.

I said to him:

"O, Prophet of Allah! I propose to give away in charity all that I possess as thanks for the acceptance of my Taubah."

He said:

"This will be too much for you. Keep a portion with you."

I agreed to keep my share of the booty that fell in our hands in the Khaibar campaign."

Ka'ab bin Malik RA says:

"It is the truth that brought me salvation, and as such I am determined to speak nothing but the truth in future."


The above story brings out the following salient characteristics of the Muslims of that time:

1. The importance of striving in the Path of Allah. Even the persons who had hitherto faithfully participated in every expedition, had to bear the Prophet's (SAW) anger when they failed to respond to Allah's call even though for the first time in their lives.

2. Their devotion and obedience to the Prophet (SAW). For full fifty days the whole Muslim community, even their nearest and dearest, would not speak to the three persons, in obedience to the Prophet's (SAW) orders. The three persons themselves went most steadfastly through the ordeal imposed on them.

3. Their strong faith. Ka'ab was so much perturbed when he received the letter from the Christian King, exciting him against the Prophet (SAW). His words and his action at that time are a testimony to the strong faith in his heart.

Let us search our hearts and see how much devotion we have in them for the observance of the duties we owe to Islam. Leaving aside Zakat and Hajj, which involve the sacrifice of money, take the case of Solat alone, which is the most important pillar of Islam after Imaan. How many of us are particular about it?

This long story from Hadith always moves me to tears. Even when writing it too. May Allah SWT make this beneficial for our salvation away from Jahannam. Ameen.