DOCUMENT
DEFENCE
OF THE MUSLIM LANDS
The
First Obligation After Iman
CHAPTER
1
Defence
of the Muslim Lands
The First Obligation After Iman
"The
first obligation after Iman is the repulsion of the enemy aggressor
who assaults the religion and the worldly affairs". Ibn
Taymia.
All
praise be to Allah, we praise Allah, we seek His refuge, and
we seek His forgiveness. We seek refuge in Him from the evil
of our own selves and the evil of our deeds. Whomsoever Allah
guides there is none to send him astray and whomsoever Allah
sends astray there is none to guide him and I bear witness that
there is no Diety but Allah and Mohammed (saw) is His servant
and messenger. May His blessings be upon him, his family and
companions.
And
what follows;
Allah
has chosen this religion to be a mercy for the worlds. He sent
the most blessed of the messengers to be the last Prophet for
this religion. To bring it victory by the sword and the spear,
after He had clearly expounded it with evidences and arguments.
The Prophet (saw) said in a sahih hadith narrated by Ahmad and
Tabarani: "I have been raised between the hands of the
Hour with the sword, until Allah the Exalted is worshipped alone
with no associates. He has provided sustenance from beneath
the shadow of spears and has decreed humiliation and belittlement
for those who oppose my order. And whoever resembles a people,
he is of them." Allah the Exalted, in His wisdom, established
the salvation of humanity by this rule of fighting,
for
the Exalted said:
"...and
if Allah did not check one set of people by means of another,
the earth would indeed be full of mischief But Allah is full
of bounty to the Alamin (mankind, jinns and all that exists)" (Surah al Bakarah:Verse 251.)
Hence,
Allah the Almighty the Majestic has bestowed this judgement
as a favour upon mankind, and made it unambiguous. In other
words, the battle between truth and falsehood is for the reformation
of mankind, that the truth may be made dominant and good propagated.
Also, that their practices and places of worship may be safeguarded.
Allah
the Exalted said:
"...
for had it not been that Allah checks one set of people by means
of another, monasteries, churches, synagogues, and mosques,
wherein the name of Allah is mentioned much would surely have
been pulled down. Verily Allah will help those who help His
(cause). Truly, Allah is Strong, All Mighty." (Surah al Hajj: Verse 40).
This rule
of DEFENCE or jihad has occupied many pages in the Book of Allah
the Almighty , the Majestic, to make clear that the truth must
have a power to protect it. For how many times has truth been
defeated because of neglect of its possessors, and how many
falsehoods have been raised by its allies and men willing to
sacrifice. Jihad is built on two main pillars. Patience which
reveals bravery of the heart and generosity , by which one spends
ones wealth and spirit. Yet, the sacrifice of one's person is
the greatest generosity , and in the sahih hadith, reported
by Ahmad: "Iman is patience and generosity". Ibn Taymia
says: "The amendments of the children of Adam in their
religion and worldly affairs would not be complete without bravery
and generosity". And Allah has made it clear that whoever
turned away from Jihad by their person, that He would replace
them with a people who would perform it.
"If
you march not forth, He will punish you with a painful torment
and will replace you with another people, and you cannot harm
Him at all, and Allah is able to do all things." (Surah
at Tauba: Verse 39).
The
Prophet (saw) also underlined two of the most evil of faults:
miserliness and cowardice. These faults lead to the corruption
of the soul and deterioration of the society .In a sahih hadith-:
"The most evil of what is in a man is niggardliness and
cowardice". Narrated by Abu Daud and it is sahih. There
have passed ages when the pious predecessors held fast to this
rule of fighting and became masters of this world and the teachers
of mankind.
The
Exalted said:
"And
we made from among them (Children of Israel), leaders, giving
guidance under Our command, when they were patient and used
to believe with certainty on Our Ayat (proofs, evidences, verses,
lessons, signs, revelations, etc.)." (Surah as Sajdah:Verse
24).
As
the Prophet (saw) has stated in a sahib hadith-: "the first
of this Ummah was reformed with abstinence and certainty of
belief, and the last of this Ummah will be destroyed by miserliness
and longing." Narrated by Ahmad and Tabarani in AI Awsat
and AI Baihaqi.
Unfortunately,
there were generations that succeeded the early Muslims who
neglected the rules of Allah. They forsook their Lord, so He
forsook them. They deserted His rules, and so they were lost.
"Then, there has succeeded them a posterity who have given up
prayers (i. e. made their prayers to be lost, either
by not offering them or by not offering them perfectly, or by
not offering them in their proper fixed times, etc.) and have
followed lusts. So they will be thrown in Hell." (Surah Maryam:Verse 59).
They followed their desires and evil of their deeds was made appealing
to them.
In
a sahih hadith: "Allah hates every selfish arrogant, rambling
in the market places, a corpse by night and an ass by day, knowledgeable
in worldly affairs yet ignorant of the after world."
One
of the most important lost obligations is the forgotten obligation
of fighting. Because it is absent from the present condition
of the Muslims, they have become as rubbish of the flood waters.
Just as the Prophet (saw) said: "It is expected that the
nations will call each other from all horizons, as diners calling
each other to feast from a platter of food in front of them."
A person asked the Prophet (saw) would that be because of our
small number that day. The Prophet (saw) said, "No, but
you will be rubbish like the rubbish of flood water. Allah will
put Wahn into your hearts and remove the fear from the hearts
of your enemies because of your love for the world and your
hate of death". In another narration it was said: "and
what is the Wahn, O messenger of Allah?" He (saw) said:
"love of the world and the hate for fighting."Narrated
by Ahmad with a good chain. Narrated by Abu Daud with the words
"hate for death", and it is a sahih hadith.
Jihad
Against the Kuffar is of two Types
Offensive
Jihad (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 terrorise the enemies of Allah. It is a duty
of 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 jihad is for maintaining the payment of Jizya. The scholars
of the principles of religion have also said: " Jihad is
Daw'ah with a force, and is obligatory to perform with all available
capabilities, until there remains only Muslims or people who
submit to Islam."
Defensive
Jihad
This
is expelling the Kuffar from our land, and it is Fard Ayn, a
compulsory duty upon all. It is the most important of all the
compulsory duties and arises in the following conditions:
1)
If the Kuffar enter a land of the Muslims.
2)
If the rows meet in battle and they begin to approach each other.
3)
If the Imam calls a person or a people to march forward then
they must march.
4)
If the Kuffar capture and imprison a group of Muslims.
The
First Condition: With reference to the Kuffar entering a land
of the Muslims.
In
this Condition the pious predecessors, those who succeeded them,
the Ulama of the four Mathhabs (Maliki, Hanafi, Shaffie and
Hanbali), the Muhadditheen, and the Tafseer commentators, are
agreed that in all Islamic ages, Jihad 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 ofher husband and the debtor without
the permission of the creditor. And, if the Muslims of this
land cannot expel the Kuffar 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 jihad,
which is repelling an aggressor, 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 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 jihad becomes Fard Ayn upon the people ofa 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. Jihad 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 jihads some take priority." It is furthered
in a sahih hadith narrated by Ebaad Bin Asaamat that the Prophet
(saw) 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 jihad. So it is clear that
defensive jihad 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 Mathhabs who are all in agreement on this point.
Opinions
of the Mathhabs
Hanafi
Fiqh
Ibn
Abidin said: " Jihad 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 jihad, 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 jihad becomes Fard Ayn upon the whole
Ummah of Islam from East to the West".
And
the following have like Fatwa: AI Kassani, lbn Najim and lbn
Hammam.
Maliki
Fiqh
In
Hashiyat ad Dussuqi it is stated: Jihad becomes Fard Ayn upon
a surprise attack by the enemy. Dussuqi said: "Wherever
this happens, jihad 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 it is stated: "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 jihad;
the poor, the children, the slaves, the debtor and the women."
Hanbali
Fiqh
In
al Mughni by Ibn al Qadamah it is stated: " Jihad 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, 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 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 the
narration's reported by Ahmad are clear on this."~ This
situation is known as the General March.
Evidence
for The General March and its Justification
1)
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." (Surah at Tauba:Verse 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." (Surah
at Tauba: Verse 39).
Ibn
Kathir said: " Allah the Exalted ordered that everybody
march forward with the Messenger of Allah (saw), (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 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 Arabian Peninsula
and were preparing to invade Medina. So what is the situation
when the Kuffar enter a Muslim country, does not the march forward
become the ultimate priority? Abu Talha (ra) said about the
Exalted's words: "...light or heavy...old or young"
(Surah at Tauba:Verse 41), Allah did not listen to anyone's
excuse". And Hasan al Basri said: "in hardship
and in ease." Ibn Taymia said in Majmua 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..."
(Surah al Anfal:Verse 72).
As
well, the Prophet (saw) 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 Medina in the Battle of the
Trench, Allah allowed no one to be exempted."
Az
Zuhri said: "Saeed Bin al Mussayb 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 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."
2)
Allah the Almighty and 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
AI Muttaqun." (Surah at Tauba: Verse 36). Ibn Arabi
said: "collectively means besieging them from every side
and in all possible circumstances."
3)
Allah the Almighty and Majestic says:
"And
fight them until there is no more Fitnah (disbelief and polytheism:
i. e.
worshipping others beside Allah) and the religion (worship)
will all be for Allah alone (in the whole world)... "
(Surah al Anfal:Verse 39).
The
Fitnah means Shirk as Ibn Abbas and As Siddi said: "When
the Kuffar 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, 'Ard and wealth."
4)
Mohammed (saw) has said: "There is no Hijr after the
Opening (of Mecca) 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. As Ibn Hajr has clarified in the explanation
of this hadith.
Al
Qurtubi said: "Anyone who is aware of the weakness of the
Muslims in the face of their enemy, knows that he can reach
them and can assist them, it is also upon him to march forward."
5) Every religion which Allah has revealed safeguards five essential aspects:
the religion, life, 'Ard, the mind and property. Consequently,
there must be measures to safeguard these five by any means.
So, Islam orders repelling the aggressor. The aggressor is one
who imposes himself with violence upon others, seeking their
life, their wealth or their' 'Ard.
(i)
The aggressor against 'Ard.
Even
if a Muslim displays aggression against 'Ard, it is obligatory
to defend it from him by the agreement of the Ulama even if
this leads to killing him.
Accordingly,
the Ulama 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 'Ard.
(ii)
Repulsion of the aggressor who attacks property and life
is obligatory as agreed upon by majority of the Ulama, and corresponds
to the consensus of the Maliki and Shaffie 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 Daud, Tirmidhi and Nisa'i. AI Jassas
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
Kuffar 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!?
6)
If the Kuffar 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 Kuffar even if this leads to the killing
of the Muslim captives.
Ibn
Taymia said in Majmua al Fatawa 28/537: "If with the Kuffar
there are pious people from the best of mankind and it is not
possible to fight these Kuffar except by killing them, then
they are to be killed as well. The leading scholars are in accord
that if the Kuffar 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 Kuffar. 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
Ijmq agree that if the aggression of a Muslim aggressor cannot
be stopped except by killing him, then he must be killed, even
if the 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, 'Ard and
wealth are more of a priority than a small number of Muslim
captives in the hands of the Kuffar.
7) The fighting of 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." (Surah
al Hujurat:Verse 9).
If Allah had made it an obligation to fight the renegade Muslim group,
to unify the Muslims and protect their religion, 'Ard and wealth,
then, what will the ruling be for fighting the aggressing Kaffir
nation? Does it not take priority?
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." (Surah al Maidah:Verse 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 'Ard. This is the ruling which the Messenger
of Allah (saw) carried out upon the sick Bedouins who turned
apostate as has been reported in the sahihs. What should be
the treatment of the Kaffir nation that brings calamity upon
the people, their religion, their wealth and their 'Ard? 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 Kuffar enter a Muslim land.
Verily , the repelling of the Kaffir enemy is the most important obligation
after Iman, as said Ibn Taymia: "The fIrst obligation after
Iman is the repulsion of the enemy aggressor who assaults the
religion and the worldly affairs".
"And what is wrong with you that you fight not in the Cause of
Allah, and for those weak, ill-treated and oppressed among men,
women, and children, whose cry is: Our Lord! Rescue us from
this town whose people are oppressors; and raise for us from
You one who will protect, and raise for us from You one who
will help." (Surah an Nisa:Verse 75).
Go
to:
Table
of contents
Biography
of Abdullah Azzam and Introduction
Chapter
1
Defence of the Muslims Lands --- this
page
Chapter
2
The Ruling of Fighting in Palestine and Afghanistan
Chapter
3
Fard Ayn and Fard Kifaya
Chapter
4
Important questions
Final
Word
Letters
of Acknowledgement and Translators Note
