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Conditions of Jihad: Seeking permission from the Muslim Ruler (5)


These conditions were taken from a book called Al Jihad Anwarnuha wa Ahkaamuha wal had Afaasul Baynahu wa Bayna Fawda (Jihad its Types and its Rulings and a Clear Distinction between it and Anarchy).  The book was written by Sheikh Dr Hamd bin Ibraheem al Uthmaan and was read and introduced by Sheikh Saalih Saad al-Suhaimi al-Harbi pg 148.

Conditions of Jihad: Seeking permission from the Muslim Ruler (5)

The affair of Jihad is entrusted to the Imam (Muslim Ruler) and there are evidences to this from the Book the Sunnah and the Consensus.

The Most High said; “May Allah forgive you. Why did you grant them leave, until those who told you the truth were seen by you in clear light and you had known the liars” (Surah Taubah Ayah 43).

The Most High said; “Those who believe in Allah and the last day would not ask your leave to be exempted from fighting with their properties and their lives and Allah is knower of al-Muttaqun. (the pious). (Surah Taubah Ayah 44).

And  this is because Jihad in the  battle of Tabuk was fard ayn (individual obligation) for who whoever the leader told to go out (for Jihad), so it was compulsory for everybody to go out for Jihad.

And also if Jihad is fard al-kifiya (communal obligation), it is a must that permission is sought from the Imam/ Ameer (Muslim Ruler) in this affair.

The ground (of complaint) is only against those who are rich, and yet ask exemption. They are content to be with (the women) who sit behind (at home) and Allâh has sealed up their hearts (from all kinds of goodness and right guidance) so that they know not (what they are losing). (Surah Taubah Ayah 93)

This ayat is clear with regards to seeking permission of the Imam/ Ameer to remain behind from performing a military expedition if the ruler commands the Muslims to go out for Jihad.

The Most High said “If Allâh brings you back to a party of them (the hypocrites), and they ask your permission to go out (to fight), say: “Never shall you go out with me, nor fight an enemy with me; you agreed to sit inactive on the first occasion, then you sit (now) with those who lag behind”. (At-Tawbah Ayah 83)

The true believers are only those, who believe in (the Oneness of) Allah and His Messenger Muhammad (salalla alahi salaam), and when they are with him on some common matter, they go not away until they have asked his permission. Verily! Those who ask your permission, those are they who (really) believe in Allâh and His Messenger. So if they ask your permission for some affairs of theirs, give permission to whom you will of them, and ask Allâh for their forgiveness. Truly, Allâh is Oft-Forgiving, Most Merciful. (An-Nur 24:62)

So the Ameer is the person all the affairs go back to (for permission) like like Jihad in the cause of Allah.

From the Sunnah the Prophet (salallahu alahi wa salaam) said; “There is no Hijrah after the conquest (of Mecca) but there is Jihad and intention so if your ordered to go out then go out”. (Sahih Bukhari Vol 6 page 37 Hadith No 2825)

On the authority of Aisha (radi Allahu anha) said; “I sought permission from the P rophet (salallahu alahi wasalaam) to do Jihad, so he (salalla alahi wasalaam) said; “The Jihad of you women is Hajj”. (Sahih Al Bukhari Vol 6 pg 75 Hadith No 2875)

This is clear in seeking the permision from the ruler

On the authority of Ibn Umar (radi Allahu anhu) said; “I offered myself (for Jihad) on the day of Uhud and I was fourteen  years old and he (salalla alahi wasalaam) didn,t  allow me. And I offered myself (for Jihad) on the day Kundaq and I was fifteen years old and he (salalla alahi wasalaam) allowed me”. (Sahih Bukhari  Vol 7 pg 492 Hadith No 4097).

On the authority of abu hurairah(radiallahuanhu) that he said that the messenger of Allah said “The Imam is a sheild you fight behind him“(bukhari vol 6 pge116 hadeeth no 2957)

Qarqi(rahimullah)ruled that there was a consensus he said”so if we acknowledge that there is a difference in his(salla alahi wasalam)Implementeting his leadership of the prayer and jugement and law so you must know that his power of leadership is divided into four catogories the catogories that the ulama agreed were(exclusivley)for him that he had the right to choose the leader of the prayer to establish the legal punishments and sending out of the armies and their likes(akham fe tamyeez alfatwaa an ahkam was tasrefaat alqadee wal Imaam page109)

Translated by Jafar ibn ruel Jeffrey

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