Jihaad Against the Kuffaar is of Two Types (Fard Kifayah and Fard 'Ayn)
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15-12-2008
Jihaad Against the Kuffaar is of Two Types (Fard Kifayah and Fard 'Ayn)
Fard Ayn
It is the Fard that is a compulsory duty on every single Muslim to perform like
praying or fasting.
Fard Kifaya
It is the Fard that if performed by some, the obligation falls from the rest.
The meaning of Fard Kifaya, is that if there are not enough people that respond
to it, then all the people are in sin. If a sufficient amount of people respond,
the obligation falls from the rest. The call for it in the beginning is like the
call for establishing a Fard Ayn, but it differs in that a Fard Kifaya is
absolved by the performance of some of the people. But a Fard Ayn is not
absolved by any number of people performing it. That is why Fakhr ar Razi
defined Fard Kifaya as the obligation that is carried out without looking to the
souls of the ones who perform it.
Shaffie said: "A Fard Kifaya is a command directed towards everyone seeking only
a response from some". The definition agreed upon by the majority of scholars,
of them Ibn Hajib, al Amdi and Ibn Abdu Shakur, state that Fard Kifaya is
obligatory upon everyone, but is absolved upon the performance of some. People
are now arguing about the jihaad ruling, and they consider it as Fard Kifaya,
that means it is obligatory upon everyone, but is absolved when some perform it.
Jihaad Against the Kuffaar is of
Two Types
Defence of the Muslim Lands
Dr. Abdullah Azzaam (May Allah accept him as Shaheed)
Offensive Jihaad (where the enemy is attacked in his own territory).
Where the Kuffar are not gathering to fight the Muslims. The fighting becomes
Fard Kifaya with the minimum requirement of appointing believers to guard
borders, and the sending of an army at least once a year to terrorize the
enemies of Allah. It is a duty of upon the Imam to assemble and send out an army
unit into the land of war once or twice every year. Moreover, it is the
responsibility of the Muslim population to assist him, and if he does not send
an army he is in sin.
And the Ulama have mentioned that this type of jihaad is for maintaining the
payment of Jizya. The scholars of the principles of religion have also said: "Jihaad
is Da'wah with a force, and is obligatory to perform with all available
capabilities, until there remains only Muslims or people who submit to Islam." (Hashiyah
Ash-Shirwani and Ibn Al-Qasim in Tuhfah Al-Muhtaj Alal Minhaj 9/213)
Defensive Jihaad
This is expelling the Kuffar from our land, and it is Fard Ayn, a compulsory
duty upon all. It is the most important of the compulsory duties and arises in
the following conditions:
A) If the Kuffar enter a land of the Muslims.
B) If the rows meet in battle and they begin to approach each other.
C) If the Imaam calls a person or a people to march forward then they must
march.
D) If the Kuffaar capture and imprison a group of Muslims.
The First Condition: If the Kuffaar Enter a Muslim Land.
In this condition the pious predecessors, those who succeeded them, the Ulama of
the four Madhabs (Maliki, Hanafi, Shaffie and Hanbali), the Muhadditheen, and
the Tafseer commentators, are agreed that in all Islamic ages, Jihaad under this
condition becomes Fard Ayn upon the Muslims of the land which the Kuffar have
attacked and upon the Muslims close by, where the children will march forth
without the permission of the parents, the wife without the permission of her
husband and the debtor without the permission of the creditor. And, if the
Muslims of this land cannot expel the Kuffaar because of lack of forces, because
they slacken, are indolent or simply do not act, then the Fard Ayn obligation
spreads in the shape of a circle from the nearest to the next nearest. If they
too slacken or there is again a shortage of manpower, then it is upon the people
behind them, and on the people behind them, to march forward. This process
continues until it becomes Fard Ayn upon the whole world.
Sheikh Ibn Taymia says on this topic: "About the defensive jihaad, which is
repelling an aggressor, is the most tasking type of jihaad. As agreed upon by
everyone, it is obligatory to protect the religion and what is sacred. The first
obligation after Iman is the repulsion of the enemy aggressor who assaults the
religion and the worldly affairs. There are no conditional requirements such as
supplies or transport, rather he is fought with all immediate capability. The
Ulama, our peers and others have spoken about this." Ibn Taymia supports his
opinion of the absence of the requirement of transport in his reply to the Judge
who said: "If jihaad becomes Fard Ayn upon the people of a country, one of the
requirements, in comparison to Hajj, is that one must have supplies and a ride
if the distance is such that one shortens the prayer". Ibn Taymia said: "What
the Judge has said in comparison to Hajj has not been stated before by anybody
and is a weak argument. Jihaad is obligatory because it is for the repulsion of
the harm of the enemy, therefore it has priority over Hijr . For Hijr no
transport is considered necessary. Of the jihaads some take priority. It is
furthered in a sahih hadith narrated by Ebaad Bin Asaamat that the Prophet (sallallahu
alayhe wa salam) said: "It is upon the Muslim to listen and obey in hardship and
prosperity, in what he likes and dislikes, and even if he is not given his
rights". Therefore, the pillar of the most important of obligations, is the
marching forward in times of hardship as well as prosperity. As has been stated,
contrary to Hajj, the obligation remains present in times of hardship. And this
is in offensive jihaad. So it is clear that defensive jihaad carries a greater
degree of obligation. To defend the sacred things and the religion from the
aggressor is obligatory, as agreed upon by everyone. The first obligation after
Iman is repulsion of the enemy aggressor who assaults the religion and the
worldly affairs". Now we look at the opinions of the four Madhabs who are all in
agreement on this point.
Opinions of the Mathhabs
Hanafi Fiqh
Ibn Aabidin said : "Jihaad becomes Fard Ayn if the enemy attacks one of the
borders of the Muslims, and it becomes Fard Ayn upon those close by. For those
who are far away, it is Fard Kifaya, if their assistance is not required. If
they are needed, perhaps because those nearby the attack cannot resist the
enemy, or are indolent and do not fight jihaad, then it becomes Fard Ayn upon
those behind them, like the obligation to pray and fast. There is no room for
them to leave it. If they too are unable, then it becomes Fard Ayn upon those
behind them, and so on in the same manner until the jihaad becomes Fard Ayn upon
the whole Ummah of Islam from the East to the West".
And the following have like Fatawa: Al Kassani, Ibn Najim and Ibn Hammam.
Maliki Fiqh
In Hashiyat ad Dussuqi it is stated: Jihaad becomes Fard Ayn upon a surprise
attack by the enemy. Dussuqi said: "Wherever this happens, jihaad immediately
becomes Fard Ayn upon everybody, even women, slaves and children, and they march
out even if their guardians, husbands and creditors forbid them to."
Shaffie Fiqh
In the Nihayat al Mahtaj by Ramli: "If they approach one of our lands and the
distance between them and us becomes less than the distance permitting the
shortening of prayers, then the people of that territory must defend it and it
becomes Fard Ayn even upon the people for whom there is usually no jihaad; the
poor, the children, the slaves, the debtor and the women."
Hanbali Fiqh
In Al Mughni by Ibn al Qudamah: "Jihaad becomes Fard Ayn in three situations:
1) If the two sides meet in battle and they approach each other.
2) If the Kuffar enter a land, jihaad becomes Fard Ayn upon its people.
3) If the Imam calls a people to march forward it is obligatory upon them to
march forward."
And Ibn Taymia remarked: "If the enemy enters a Muslim land, there is no doubt
that it is obligatory for the closest and then the next closest to repel him,
because the Muslim lands are like one land. It is obligatory to march to the
territory even without the permission of parents or creditor, and narrations
reported by Ahmad are clear on this."
This situation is known as the General March.
Submitted by a Mujahid