The Islamic
Ruling on Defending
by Sheikh Abdullah Azzam
"Permission to fight is given unto those who
fight because they are wronged, and Allah is all able to grant them victory.
They are those who have been expelled from their homes in defiance of right
with no reason other than that they say, 'Our Lord is Allah'. And if Allah had
not countered one set of people by means of another, there would surely have
been pulled down monasteries, churches, synagogues and mosques in which the
Name of Allah is mentioned much. Indeed Allah will help those help His Cause.
And Allah is strong and powerful."
[Quran 22:39-40]
"If the enemy enters a Muslim land, there is no
doubt that it is obligatory for those closest to it to defend it. If they are
lazy or incapable, then the obligation spreads to those around them, then those
around them until it encompasses the whole World, East and West, because the
Muslim lands are like a single land. It is obligatory to march to the territory
in such conditions even without the permission of parents or creditor."
[Ibn
Taymiyyah, Majmu Al-Fatawa Vol. 28]
"Anyone who is aware of the weakness of the
Muslims in the face of their enemy, and knows that he can reach them and can
assist them, it is also upon him to march forward."
[Imam Al-Qurtubi, Fath-ul-Bari 6/30]
Conditions when Jihad becomes Fard Ain (Obligatory upon
all Muslims)
If The Disbelievers Invade a Land of the Muslims
Opinions of the Four Mathhabs (Islamic Schools of
Thought)
Evidence for the General March and its Justification
Evidence 1: The General March
Evidence 2: Fighting Collectively
Evidence 3: To Fight Until Polytheism is Eradicated
Evidence 4: If the Ummah is Called to March Forth
Evidence 5: Protection of Life, Property and Honour
Evidence 6: Muslims Being Used as Human Shield
Evidence 7: Fighting the Renegade Muslim Group
Evidence 8: The Ruling for the One who Wages War
Does One Fight Alone if the Rest Stay Behind?
Conditions when Jihad becomes Fard Ain (Obligatory upon all
Muslims)
A) If the
disbelievers enter or invade a land of the Muslims
B) If the rows meet in battle and they begin to
approach each other
C) If the Imam calls a person or a people to march forward then they must march
D) If the disbelievers capture and imprison a group of Muslims
If
The Disbelievers Invade a Land of the Muslims
In this condition
the pious predecessors, those who succeeded them, the scholars of the four
Islamic schools of though (Maliki, Hanafi, Shafi and Hanbali), the scholars of
hadith, and the Tafseer commentators, are agreed that in all Islamic ages,
Jihad under this condition becomes Fard Ain (obligatory upon all Muslims) upon
the Muslims of the land which the disbelievers have attacked and upon the
Muslims close by, where the children can 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 disbelievers because of lack of forces, because they slacken, are
indolent or simply do not act, then the Fard Ain 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 Taymiyyah says on this topic
in Fatawa Al-Kubara 4/608:
"About the
defensive jihad, which is repelling an aggressor, it is the most tasking type
of jihad. 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 scholars, our peers and
others have spoken about this."
Ibn Taymiyyah
supports his opinion of the absence of the requirement of transport in his
reply to the Judge who said: "If Jihad becomes Fard Ain 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."
Opinions
of the Four Mathhabs (Islamic Schools of Thought)
Hanafi Fiqh
Ibn Aabidin said
(Hashiyah Ibn Abidin 3/238): "Jihad becomes Fard Ain if the enemy
attacks one of the borders of the Muslims, and it becomes Fard Ain upon those
close by. For those who are far away, it is Fard Kifaayah, 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 jihad, then it
becomes Fard Ain 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 Ain upon those behind them, and so on in the same manner until the Jihad
becomes Fard Ayn upon the whole Ummah of Islam from the East to the West."
And the following
have similar Fatawa: Al Kassani (Badai As-Sanai 7/72), Ibn Najim (Al-Bahr
Ar-Raiq 5/191) and Ibn Hammam (Fath-ul-Qadir 5/191).
Maliki Fiqh
In Hashiyah Ad
Dussuqi (2/174) it is stated: "Jihad becomes Fard Ayn upon a surprise
attack by the enemy." Furthermore, Dussuqi said: "Wherever
this happens, Jihad immediately becomes Fard Ain upon everybody,
even women, slaves and children, and they march out even if their guardians,
husbands and creditors forbid them to."
Shafi Fiqh
In the
Nihayat-ul-Mahtaj (8/158) 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 Ain even upon the people for whom there is usually no jihad;
the poor, the children, the slaves, the debtor and the women."
Hanbali Fiqh
In Al Mughni
(8/354) by Ibn Al-Qudamah: "Jihad becomes Fard Ayn in three situations:
1) If the two
sides meet in battle and they approach each other.
2) If the disbelievers enter a land, jihad 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 Taymiyyah
remarked (Fatawa Al-Kubara 4/608): "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 Imam Ahmad are clear on this."
This situation is
known as the General March.
Evidence
for the General March and its Justification
Allah the Almighty
the Majestic says: "March forth, whether you are light(being
healthy, young and wealthy) or heavy(being ill, old and poor), strive hard with
your wealth and your lives in the cause of Allah. This is better for you if you
but knew." [Quran 9:41]
In a preceding
verse the arrangement of punishment and the replacement by a people who carry
Islam, has been mentioned as a recompense for those who do not march forward.
Allah does not punish except those who leave an obligation or perform forbidden
acts. "If you march not forth, he will punish you with a painful
torment and will replace you by another people, and you cannot harm him at all
and Allah is able to do all things." [Quran 9:39]
Ibn Kathir said: "Allah
the Exalted ordered that everybody march forward with the Messenger of Allah
(SAWS) (the General March) in the expedition of Tabuk to fight the enemies of
Allah, the unbelieving Romans of the People of the Book." Bukhari
has written a chapter in Sahih Al-Bukhari (entitled The Chapter On The Obligation of Marching Forward and What is Required
from Jihad and Intention for It) and quoted this verse."
It was a general
call because it became known to the Muslims that the Romans were gathering on
the borders of the
Ibn Taymiyyah said
in Majmu Al Fatawa 28/358: "If the enemy intends an attack upon the
Muslims, then repelling him becomes obligatory upon the population under attack
as well as the population not under attack. The Exalted has said: "...But
if they seek your help in religion, it is your duty to help them..."
[Quran 8:72]. As well, the Prophet (SAWS) ordered the
assisting of a Muslim in need. Whether or not one is a salaried soldier, and no
matter what his capabilities, it is an obligation upon everybody with their
persons and wealth, little or much, riding or on foot. As it was when the enemy
attacked
Az Zuhuri said
(Al-Jaami Li Ahkam il-Quran 8/150): "The Tabi (Successor), Saeed bin
Al-Mussayib went on a military expedition and he lost one of his eyes. It was
said to him: 'You are injured.' He replied, "Allah has ordered the light
and the heavy to march forward, therefore if it is not possible for me to
fight, I will make your numbers seem greater by my presence and I can watch
over your things."
Evidence 2: Fighting Collectively
Allah Almighty the
Majestic says: "...and fight the Mushrikun (polytheists, pagans,
idolaters, disbelievers in the oneness of Allah) collectively, as they fight
against you collectively. But know that Allah is with those who are fearful of
Him" [Quran
Evidence 3: To Fight Until Polytheism
is Eradicated
Allah Almighty and
Majestic says: "And fight them until there is no more Fitnah
(disbelief and polytheism: i.e. worshipping others besides Allah) and the
religion (worship) will all be for Allah alone (in the whole of the
world)..." [Quran 8:39] The fitnah means Shirk as Ibn Abbas
and As Siddi said (Tafseer Al-Qurtubi 2/253): "When the disbelievers
attack and control a country, the Ummah is endangered in its religion and it
becomes susceptible to doubt in its belief. Fighting then becomes an obligation
to protect the religion, lives, honour and wealth."
Evidence 4: If the Ummah is Called to March Forth
He (SAWS) has
said: "There is no Hijrah (migration) after the Conquest (of Makkah)
but there is Jihad and the intention for it. So if you are called to march
forth then march forth." Reported by Bukhari.
It is an
obligation to march forth if the Ummah is called to do so, and in the situation
of an enemy attack. The Ummah is called to march forward to protect its
religion. The extent of the obligation is related to the need of the Muslims or
demand of the Imam (leader of the Muslims).
As Ibn Hajr has
clarified in the explanation of this hadith (Fath-ul-Bari 6/30): Al Qurtubi
said: "Anyone who is aware of the weakness of the Muslims in the face
of their enemy, and knows that he can reach them and can assist them, it is
also upon him to march forward."
Evidence 5: Protection of Life, Honour and Property
Every religion
which Allah has revealed safeguards five essential aspects: the religion, life,
honour, the mind and property. Consequently, there must be measures to
safeguard these five by any means. So, Islam orders repelling
the aggressor (Al-Jaami Li Ahkam il-Quran 8/150). The aggressor is one
who imposes himself with violence upon others, seeking their life, their wealth
or their honour.
A-The
aggressor against honour. Even if a Muslim displays aggression
against honour, it is obligatory to defend it from him by the agreement of the
scholars even if this leads to killing him. Accordingly, the scholars have
stated that it is not permitted for a Muslim woman to surrender or allow
herself to be captured, even if she is killed, if she fears for her honour.
B- Repulsion of
the aggressor who attacks property and life is obligatory as agreed upon by
majority of the scholars, and corresponds to the consensus of the Maliki and
Shafi Mathhabs, even if this leads to killing a Muslim aggressor. In a Sahih
hadith: "Whoever is killed protecting his wealth, he is a martyr.
Whoever is killed protecting his blood, he is a martyr. Whoever is killed
protecting his family, he is a martyr." Hadith Sahih narrated by
Ahmad, Abu Dawud, At Tirmidhi and An-Nasai (Sahih Al Jami As-Saghir by Albani
No 6321).
Al Jassas
(Ahkam-ul-Quran 1/2402) after coming to knowledge of this hadith, said: "We
know of no difference of opinion, that if a man bears his sword to another man
to kill him unjustly, that it is upon the Muslims to kill this aggressor."
In this situation if the aggressor is killed he will be in the Hellfire,
even if he was a Muslim. Whereas, if the defender is killed
he will be a martyr. This is the ruling for a Muslim aggressor, so how
will it be if the disbelievers invade a Muslim land, where they would oppress
and assail the religion, 'Ard, lives and property to the point of
disappearance. Is it not the foremost obligation upon the Muslims in this
situation to repel this disbelieving aggressor, whether he be
alone or a whole nation!?
Evidence 6: Muslims Being Used as Human Shields
If the
disbelievers use Muslim captives as human shields in front of them in an
advance to occupy a Muslim land, it remains an obligation to fight the
disbelievers even if this leads to the killing of the Muslim captives.
Ibn Taymiyyah said
in Majmua al Fatawa 28/537: "If with the disbelievers there are pious
people from the best of mankind and it is not possible to fight these
disbelievers except by killing them, then they are to be killed as well. The
leading scholars are in accord that if the disbelievers use Muslim captives as
human shields, and there is fear for the rest of the Muslims if they are not
fought, then it is permitted to shoot them aiming the disbelievers. One of the
sayings of the scholars is that, even if we do not fear for the Muslims in
general, it is permissible to shoot the Muslim captives." And on pg.45
he said: "The Sunnah and Ijma agree that if the aggression of a Muslim
aggressor cannot be stopped except by killing him, then he must be killed, even
if his transgression is over a fraction of a dinar. Because, in a sahih hadith:
'whoever is killed protecting his wealth, he is a martyr'."
And this is
because the protection of the remaining Muslims from fitnah and Shirk,
and the protection of the religion, honour and wealth are more of a priority
than a small number of Muslims captives in the hands of the disbelievers.
Evidence 7: Fighting the Renegade Muslim Group
Allah the Exalted
has said: "And if two parties or groups among the believers fall
into fighting, then make peace between both, but if one of them rebels against
the other, then fight you (all) against the one that which rebels till it
complies with the command of Allah; then if it complies, then make
reconciliation between them justly, and be equitable. Verily! Allah loves those
who are equitable." [Quran 49:9] If Allah had made it an
obligation to fight the renegade Muslim group, to unify the Muslims and protect
their religion, honour and wealth, then, what will the ruling be for fighting
the aggressing disbelieving nation? Does it not take priority?
Evidence 8: The Ruling for the One
who Wages War
The Almighty the
Majestic says: "The recompense of those who wage war against Allah
and His Messenger and do mischief in the land is only that they shall be killed
or crucified or their hands and feet be cut off from the opposite sides, or
exiled from the land. That is their disgrace in this world, and a great torment
is theirs in the hereafter." [Quran 5:33]
This is the ruling
applied on the one who wages war from among the Muslims. He spreads distress
and corruption in the land and he infringes upon wealth and honour. This is the
ruling which the Messenger of Allah (SAWS) carried out upon the sick Bedouins
who turned apostate as has been reported in the Sahihs (Al Fatha Ar-Rabbani and
Tarteeb Musnad Al Imam Ahmad Ash Shaybani by Ahmad Abdur Rahman Al Bana 8/128).
What then should
be the treatment of the disbelieving nation that brings calamity upon the
people, their religion, their wealth and their honour? Is not the first
obligation upon the Muslims to fight them?
These are some of
the evidences and reasons that corroborate the ruling on the General March when
the disbelievers enter a Muslim land. Verily, the repelling of the disbelieving
enemy is the most important obligation after Iman, as said Ibn Taymiyyah: "The
first obligation after Iman is the repulsion of the enemy aggressor who
assaults the religion and the worldly affairs."
Does
One Fight Alone if the Rest Stay Behind?
Yes he fights
alone because Allah the Almighty the Majestic revealed these words to His Prophet
(SAWS): "Then fight ((O Muhammad (SAWS)) in the cause of Allah, your
are not tasked (held responsible) except for yourself, and incite the believers
(to fight along with you) it may be that Allah restrain the evil might of the
disbelievers. And Allah is stronger in might and stronger in punishing."
[Quran 4:84]
This verse orders
the Messenger (SAWS) in two obligations:
1- Fight, even if
alone.
2- Incite the believers.
The Lord of Honour relates the wisdom of fighting. It is for restraining the
evil might of the unbelievers because unbelievers fear not our presence unless
we fight: "And fight them until there is no more Fitnah (disbelief
and polytheism: i.e. worshipping others besides Allah) and the religion
(worship) will all be for Allah alone..." [Quran 8:39] By
neglecting fighting, Shirk, which is the Fitnah
spreads, and Kufr becomes victorious.
The Companions
(RA) understood this verse according to its apparent meaning. Abu Ishaq said: "When
a man throws himself at the Mushrikun does he throw himself into destruction by
his own hands?" He said, "No, because Allah sent his Messenger
(SAWS) and He said: "Then fight (O Mohammed s.a.w.) in the cause of
Allah, your are not tasked (held responsible) except for yourself...", what you
cited refers to spending. " Reported by Ahmad and verified by al Hakim
and agreed upon by ath Thahabi.
Ibn Arabi said in
Ahkam-ul-Quran 2/954: "There may arise such a
situation in which it is obligatory upon each and every one to march forward,
when Jihad is Fard Ain if the enemy invades one of our countries or he
surrounds one of our territories. Then, it is obligatory upon the whole of
creation to march out for Jihad. If they fail to respond, they are in sin.
If the march is general, due to the enemy's occupation of a territory or
capture of prisoners, the march is obligatory upon everyone. The light, the
heavy, the riding, the walking, the slave and the free man shall all go out.
Whoever has a father, without his permission and whoever has not a father,
until Allah's religion prevails, defends the territory and the property,
humiliates the enemy and rescues the prisoners. On
this there is no disagreement. What does he do is the rest stay behind? He
finds a prisoner and pays his ransom. He attacks by himself if he is able, and if not he prepares a warrior."
Fighting alone
pleases Allah. As in a Hasan hadith reported by Ahmad and Abu Dawud, he (SAWS)
said: "Our Lord marvels at a man who attacks in the cause of Allah
while his companions are beaten back and he knows what is upon him and he
returns towards the fight until his blood is spilt and Allah the Almighty the
Majestic says to his Angels: 'Look at my slave he returned desiring that which
is with Me and fearing that which is from Me until his blood was spilt.'"