OF THE MUSLIM LANDS
First Obligation After Iman
we fulfil this Fatwa in our time?
might say after all this: "We already know that jihad with
your person today is Fard Ayn and that jihad is now obligatory
like prayer and fasting, moreover, that jihad by your person
takes precedence over prayer and fasting, by the saying of Ibn
Taymia: "The first obligation after Iman is the repulsion
of the enemy aggressor who assaults the religion and the worldly
affairs". The prayer may be delayed, joined together, it's
Rakat's reduced or it's positions altered when in jihad. In
the two sahih's: " Allah filled their homes and their graves
with fire as they kept us busy from our middle prayer until
the sun disappeared".
the mujahid can break his fast in Ramadan, as reported by Muslim,
that the Messenger of Allah (saw) broke his fast on his way
to open Mecca and said: "You are going to meet your enemy
in the morning. Breaking your fast makes you stronger, therefore,
break your fast".
has been made clear to us that no permission is required from
anyone when jihad is Fard Ayn, as no permission is required
from the father, the sheikh or the master for the obligatory
morning prayer before the rising of the sun.
no permission is required in obligatory jihad. Let us say, if
the father and the son slept in one place, and the son wanted
to pray Fajr but his father sleeps. Does anyone suggest that
the son must take permission from his father to pray the obligatory
prayer? .Suppose that the father forbids his son from performing
the prayer for some reason or other, perhaps not to disturb
the other people who are sleeping (who don't pray Fajr) or because
his father does not want to pray. Does the son obey his father?
.The answer is clear: "Obedience is in what is right".-
Agreed upon, sahih al lamia 2323. "There is no obedience
to the creation in disobedience to the Creator". Hadith
sahih reported by Ahmad and al Hakim. "There is no obedience
to one who obeys not Allah".- Hadith sahih reported by
Ahmad. Neglecting jihad is a sin, and there is no obedience
to the creation in disobedience to the Creator .
matter of permission: To clarify this question we say, with
the assistance of Allah, the companions (ra) never sought permission
from the Messenger of Allah (saw) once the flag was raised and
the Ummah was called forth. But the seeking of permission and
consultation from the Messenger of Allah (saw), was sought if
they had personally decided to go out or after they had registered
their names for an expedition. In the sahih hadith reported
by Ahmad and Nasa'i from Muawiya Ibn Jahima as Salmi: "Jahima
came to the Prophet (saw) and said, "Oh! Messenger of Allah
(saw) I want to join an expedition and I came to consult you".
He asked, "do you have a mother?" He said "yes".
The Prophet (saw) said, "stay with her for Paradise is
at her feet" .-In another narration: "I have been
registered for such and such an expedition". i.e. "
I signed up". This was at a time when jihad was Fard Kifaya.
If jihad becomes Fard Ayn after the call, to ask permission
of the Prophet (saw) would be a clear sign of hypocrisy. For
the decisive verses have been revealed:
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 the all Knower of AI Muttaqun. It is only
those who believe not in Allah and the Last Day and whose hearts
are in doubt that ask your leave (to be exempted from jihad).
So in their doubts they waver." (Surah
at Tauba:Verse 44- 45).
rererence to the Rightly Guided Caliphs, Abu Bakr, Umar, Uthman
and Ali (ra), we don't know of the companions or predecessors
asking their permission. It was not the case that every single
one who wanted to join an expedition or to fight jihad, came
to Abu Bakr for his permission. The important thing is that
the flag must be raised, and the troops sent out.
with reference to Amirul Mu'mineen after the Caliphs, we don't
know of anyone who wanted to make Ribatt or fight in jihad who
was taking authorisation from them. Neither do we know of any
Muslim in Islamic history being punished by an Amir for participating
in jihad or an expedition without authori~ation. Actually, authorisation
was sought from the commander in the battle field during the
expedition or attack in otder to maintain organisation and not
to spoil the plan of the Muslims.
Muslim scholars like Auza'i specified that authorisation from
the Imam is only for soldiers salaried by the state.
Ramli said in Nihayat al Mahtaj 8/60: "To join an expedition
without authorisation from the Imam or his second in command
is a hated thing, except under the following three conditions:
seeking permission jeopardises the objective.
the Imam incorrectly calls off the expedition.
If one thinks he will be unjustly or incorrectly authorisation.
Confirmed by al Balqini.
point out that all this is when jihad is Fard Kifaya. But, if
jihad becomes Fard Ayn there is no permission. Ibn Rushd said:
"The Imam must be obeyed even if he is unjust. As long
as he does not order a sin. Forbidding from the jihad which
is Fard Ayn is a sin.
continue declaring this case: permission is required in Fard
Kifaya, only after sufficient numbers of mujahideen have been
assembled to be able to fulfil the Fard. Before this sufficiency
is attained, the call is directed to all and is obligatory upon
all, but is absolved by the performance of some. There is no
difference between Fard Kifaya and Fard Ayn before the sufficiency
(Kifaya) is met.
the sufficiency, there is no seeking of permission. Permission
is sought for only after it is known from the Muslims in the
battle field that the required numbers have been assembled to
enable the fulfilment of the Fard.
all this someone might say:
know that jihad is Fard Ayn and there is no permission whatsoever
from any for jihad, yet there are still some important questions:
can we apply the General March practically in our time?
Some people feel that the General March as it is required in Islam, that
the woman leaves without her husband's permission, and the son
without his father's permission, is very demanding for the following
I) Any Islamic territory is not large enough for one thousandth of all
the thousands of Muslims.
2) This leads to the disruption of the Islamic education process which
is considered to be the hope, with Allah's permission, for saving
3) This leads to a process of evacuation of Islamic areas, that if everyone
left for jihad in Palestine or Afghanistan, they would leave
an opening for Communists, Baptists, Nationalists and Secularists.
If only the Muslims would apply their Allah's command and implement the
laws of their Shariah concerning the General March for just
one week in Palestine, Palestine would be completely purified
of Jews. Similarly, the situation in Afghanistan would not last
long if only the Ummah would march forward. Moreover, there
would not be an absence of Da'i, nor would their homes be destroyed
by the going out of their women. Instead, in every instance,
we wait and we weep. We watch the Islamic region as it falls
under the domination of the Kuffar , until it is swallowed whole,
then we fmally eulogise with much sighing and streaming tears.
Unfortunately, when we think about Islam we think nationally. We fail
to let our vision pass beyond geographic borders that have been
drawn up for us by the Kuffar.
son of the town of Ar Ramsa in Jordan on the Syrian border senses
a belonging and thinks Islamically about the son of Aqaba in
Jordan, six hundred kilomefres away, more than he does about
the son of Dara, a Syrian town, ten kilometres from Ar Ram sa.
In spite of the fact that the son of Dara and the son of Aqaba
are both Muslim worshippers, though the son of Dara is more
religious than the son of Jordanian Aqaba.
we fight jihad while we haven't an Amir?
we fight, and we haven't an Amir. None has said that the absence
of a community of Muslims under an Amir cancels the Fard of
jihad. In fact we have seen Muslims at the time of the Crusades
and during the Tar-tar invasions fighting with different Amir's.
In Halab (in Syria) there was an Amir, in Damascus there was
an Amir, and in Egypt there was more than one Amir. Some of
these even asked help from Christians against their brother
Amir, as what happened when Shawar asked help from Christians
against another Amir, Dar Gham, in Egypt.
one of the scholars has said that such a situation and such
corruption cancels the obligation of jihad for the DEFENCE of
the Muslim lands. On the contrary it multiplies their duty .The
same thing happened in Andalusia, as the poets said:
were divided into sects, each in their places, Each place an
Amir and its pulpit"
And another wrote:
which made me despair of Andalusia, were the King's titles,
Great titles of which they were not worthy,
Like the cat who mimics the lion by puffmg himself up"
one of the scholars has said that there is no jihad under these
conditions, in fact, the scholars were themselves in the front
lines of Andalusia.
battle may be void of a legitimate commander appointed by the
Amir. As it was on the Day of Mu'tah. Khalid Bin Walid stood
up and raised the flag, that by him, Allah saved the Muslim
army. And, for this he was commended by the Prophet (saw).
the Imam or the Amir al Mu'mineen is not present, this does
not annul the obligation of fighting and the DEFENCE of the
Muslim lands. We do not wait for the Caliphate to be restored.
Because, the Caliphate does not return through abstract theories,
amassed knowledge and studying. Rather, jihad is the right way
to reform the divided authorities to the ultimate authority
of the Caliphate.
mujahideen choose their Amir for jihad from amongst themselves.
He organises them and unifies their efforts and makes the strong
support the weak. In a sahih hadith from Uqbah Bin Amar, who
was amongst the to-be-mentioned party, said: "The Prophet
(saw) sent out a party and he chose from amongst us a swordsman
(leader). When we returned I said: I have not seen the like
of when the Prophet (saw) blamed us. The Prophet (saw) said:
Are you unable that if I appoint a man and he fails to apply
my order to replace him with one who applies my order?"
Messenger of Allah (saw) encouraged them to change the Amir
of the party even if he was given the flag by the noble hand
of the Prophet himself. So how is it if there is no Amir from
the beginning? Of the most critical situations requiring an
Amir is that of warti
said in AI Mughni 8/253: "The absence of an Imam does not
postpone the jihad because much is lost in its postponement".
If the people
choose an Amir, he must be obeyed. As mentioned in Fath al
Ali al Malik 1/253.
Sheikh Miyara stated that if there is an absence of an Amir,
and the people are agreed to appoint a great one in this time,
to pave their ways, to make the strong support the weak, and
he exerts his effort to achieve this to the best of his ability
, it is evident that to stand against him is not permitted.
Who opposes him seeking to create sedition, disobeys Islam and
disrupts the Jamat. In sahih Muslim: "Different evils will
make their appearance in the near future. Anyone who tries to
disrupt the affairs of this Ummah while they are united you
should strike him with the sword, whoever he be".
we fight in Afghanistan while the leaders are separated
and at difference?
It is obligatory to fight in Afghanistan with leaders that are separated
and who are at difference with each other. Because, fighting
is for the DEFENCE of the Muslims against the aggression of
There is nothing which forbids fighting against unbelievers and atheists
when there is more than one Islamic group present. That we consider
the leader of each group as the Amir of combat for that group.
one fight alone if the rest stay behind?
he fights alone because Allah the Almighty the Majestic revealed
these words to His Prophet (saw):
fight (OMohammed s.a. w.) in the cause of Allah, you 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."
(Surah an Nisa:Verse 84).
verse orders the Messenger (saw) in two obligations:
Fight, even if alone.
Incite the believers.
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:
fight them until there is no more Fitnah (disbelief and polytheism:
worshipping others besides Allah) and the religion (worship)
will all be for Allah alone..." (Surah al Anfal:Verse
neglecting fighting, Shirk, which is the Fitnah spreads, and
Kufr becomes victorious. The companions (ra) of the Prophet
(saw) understood this verse according to its apparent meaning.
Abi 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 (saw) and
He said, "Then fight (0 Mohammed s.a. w.)
in the cause of Allah, you are not tasked (held responsible)
except for yourself…" (Surah an Nisa:Verse 84).
Arabi said in Ahkam al Qur'an 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 Ayn 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 if the rest stay behind? He fids a prisoner
and pays his ransom. He attacks by himselfifhe is able, and
if not he prepares a warrior."
Fighting alone pleases Allah. As in a Hasan hadith reported by Ahmad and
Abu Daud, Mohammed (saw) 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."
we fight alongside Muslims that are
below acceptable levels of Islamic education?
question comes from certain people and some of them are sincere.
They ask how can we fight with people like Afghanis, amongst
them truthful, amongst them the dishonest, where smoking and
Niswar (type of Tobacco) is widespread, for which he would even
sell his gun? They are a people who adamantly follow the Hanafi
Mathhab and some of them wear talismans.
I clarify the ruling of the Shariah, I say: show me a Muslim
people on the earth who do not have similar problems. Shall
we leave the Kuffar in every Muslim land because these problems
must fight because fighting is based on confronting the greater
harm. This principle is mentioned in AI Ahkam al Adial al Mad:
26: "The private harm should be bared to protect the public
27: "The greater harm may be resolved by the lesser harm".
28: "If one cannot act except by committing one of two
evils, he performs the lesser to repel the greater".
29: "The lesser of two evils is selected first".
must choose from two evils: which is the greater evil: that
Russia takes Afghanistan, turns it into a Kaffir country and
forbids Qur'an and Islam for it. Or, jihad with a nation with
sins and errors?
Taymia said in Majmua al Fatawa 28/506: "It is from the
principles of Ahlul Sunnah wal Jammah to participate in an expedition
with every good and bad Muslim. As the Prophet (saw) informed
us, Allah may support this religion even with a bad man or an
immoral people. If an expedition is not possible except with
bad Amirs or with sinful soldiers, he must select one of the
following two: to turn away from them, leaving the expedition
in their hands, in which case the enemy could over run the remaining
people, which is a greater harm for them in their religion and
their lives. Or, participate in an expedition with a bad Amir
, and this way the more harmful of the two options may be resolved.
Even if the Muslims cannot manage to preserve all of their practices,
at least they manage to preserve most of them. It is obligatory
in this situation and in any similar situation. Many expeditions
with the Rightly Guided Caliphs happened in this manner. The
Prophet (saw) affirmed: "There is good in the forelocks
of horses until the day of resurrection as reward and
booty". As long as they are Muslims it is obligatory to
fight alongside with them. The banner in Afghanistan is Islamic
and the goal is the establishment of the religion of Allah in
If only the Muslims had fought in Palestine, in spite of the corruption
that was present in the early stages, and before the situation
had become aggravated with the arrival of George Habash, Naif
Hawatma, Father Capici and their likes, Palestine would not
have been lost.
the leaders of the Afghani jihad fast and pray, along with other practices, and are calling for Islam.
It is obligatory to fight with any Muslim people as long as they are Muslims.
It does not matter how bad or corrupted they are as long as
they are fighting the Kuffar, People of the Book or Atheists.
said in Nayl al Awtar 8/44: "The scholars agree that it
is allowed to seek help from bad or corrupted Muslims against the Kuffar."
we seek help from the Mushrikun
if we are in a weak condition?
people believe in seeking help from America and western states
for jihad in Afghanistan, and seeking help from Russia against
Jews in Palestine. This type of assistance is Haraam by the
agreement of the scholars of Fiqh and it forfeits the ultimate
aim of jihad. There are several contradictory hadith on this
subject. The following are hadith that forbid seeking help from
in sahih Muslim: He (saw) said to a Mushrik on the Day of Badr,
"Get back, I will not accept the help of a Mushrik."
Another hadith: "We do not seek help from Mushrikun against
Mushrikun." Reported by Ahmad and at Tabarani. Haythami
said in Majmuat az Zawayd: "The men Ahmad and at Tabarani
are trustworthy." And there is a sahih narration that Safwaan
Bin Umaya fought alongside the Prophet (saw) and he was a Kaffir.
Nawawi said, in Tahtheeb al Asma wal Loughat 263: "The
Messenger of Allah (saw) borrowed on the Day of Hunayn the shields
from Safwan Bin Umaya." He (saw) said to him, "this
loan will be returned to you". Sahih hadith reported by
AI Hakim. See sahih al lamia 3862. It is well narrated by the
Biographers that Qasman marched out with the Prophet (saw) on
the day of Uhud and killed three flag bearers of the Mushrikun.
The Prophet (saw) said of him: "Allah may support this
religion by an evil man."
because of the contradictory hadiths the scholars differ as
to how to reconcile them. The seeking of help from the Mushrikun
was forbidden but later abrogated. AI Hafiz in AI Talkhees said
this is the best reconciliation, and ash Shaffie agrees.
four major scholars of Fiqh are in agreement that seeking assistance
from the Kuffar is restricted to conditions:
The rule of Islam must have the upper hand, that is to say,
the Muslims must be stronger than the combined group of the
Mushrikun from whom they are seeking help as well as the Mushrikun
they are fighting. In case of the collaboration of the Kuffar
against the Muslims.
The Kuffar must have a good opinion of the Muslims, and the
Muslims must feel safe from their treachery and this is estimated
from their behaviour .
The Muslims must be in need of the Kaffir or the Kuffar they
ask help from.
of the Mathhabs
Bin al Hasan said: "It is acceptable for Muslims to ask
help from the Mushrikun against the Mushrikun if the rule of
Islam has the upper hand." AI Jassas said: "Our peers
said, "it is acceptable to seek help in fighting from Mushrikun
against Mushrikun that when the coalition becomes dominant,
the rule of Islam is uppermost.
al Qasim said: "It is not my opinion that they may seek
their assistance in fighting alongside with them unless they
occupy servant roles, then I see no problem with this."
Malik said: "It is not my opinion that they may seek help
from Mushrikun against Mushrikun unless they occupy servant
Ramli said: "The Imam or second in command may ask help
from the Kuffar even if they are Ahlul Harb ifhe knows they
have a good opinion of us under the condition that we need them
to serve or fight because we are few."
Qadamah said: "From Ahmad it is permissible to ask help
from the Mushrikun, in fact it is Ahmad's opinion that the Kaffir
has a share in the booty ifhe participated in the expedition
under the Imam." He went outside of the opinion of the
majority which does not allow him a share.
Revelation of the Order to Fight
writers commit errors on the subject of the permissibility of
making peace. They quote Qur'anic text without knowing the chronological
order of the revelation. While they must have knowledge of the
succession of verses on jihad in the Qu'ran that lead up to
the revelation of the Verse of the Sword in Surah At Tauba:
fight against the Mushrikun (polytheists, pagans, idolaters,
disbelievers in the Oneness of Allah, etc.) collectively, as
they fight against you collectively, but know that Allah is
with those who are AI Muttaqun." (Surah at Tauba:Verse 36).
kill the Mushrikun wherever you find them, and capture them
and besiege them and prepare for them each and every ambush..."
(Surah al Bakarah:Verse 191).
al Qayim explained in Zad al Mi'ad that jihad was permitted
during the Hijr, then it was ordered to combat those who fought
them, finally it was ordered to fight the Mushrikun in general.
Abidin said-: "Know that the order to fight was revealed
in stages. The Prophet (saw) was initially ordered with Tabligh
and turning away. The Exalted said:
proclaim openly (Allah's message-Islamic monotheism) that which
you are commanded and turn away from the Mushrikun." (Surah al Hijr:Verse 94).
to Invite with wisdom:
(mankind, O Mohammed s.a. w.) to the way of your Lord
(i. e. Islam) with wisdom (i. e. with the divine inspiration
and the Qu'ran) and fair preaching, and argue with them in away
that is better..." (Surah al Nahl:Verse 125).
permission to fight was granted:
to fight is given to those (i. e. believers against disbelievers),
who are fighting them, (and) because they (believers) have been
wronged, and surely, Allah is able to give them (believers)
victory." (Surah al Hajj :Verse 39).Then they were
ordered to fight if they were attacked:
if they attack you, then kill them. Such is the recompense of
the disbelievers. " (Surah al Bakarah: Verse 191)
they were ordered to fight with conditions, when the sacred
months had passed:
when the sacred months (the I st, 7th, 11 th, and 12th months of theIslamic
calendar) have past, then kill the Mushrikun wherever you find
them... " (Surah at Tauba:Verse 5).
Finally, he was ordered to fight all out in general:
"And fight in the way of Allah those who fight you, but transgress
not the limits. Truly Allah likes not the transgressors."
Bakarah: Verse 190).
This is why it is so essential to have knowledge of the sequence of the
revelation. It is also necessary to clarify that initially it
is not permitted to enter into political negotiations in the
stage which is for Da'wah, before the Oa'wah is properly established
with an authority which can preserve its aims. If the Islamic
Da'wah enters negotiations in the initial stage, then its agenda
becomes compromised and muddled and it will become inconsistent
in the people's understanding. It will have no solid foundation
and the Da'wah is lost in political games and national ties.
The example for this period is the noble Surah:
O AI Kafirun (disbelievers in Allah,
in His Oneness, in His angels, in His books, in His messengers,
in the Day of Resurrection, in AI Qadr, etc.)! I worship not
that which you worship, nor you worship that which I worship..."
And the example of the position of the believers in this period:
"... Say ( O Mohammed s.a. w.}: call your (so-called) partners
(of Allah) and then plot against me and give me no respite!
Verily, my Wali (Protector, Supporter, and Helper, etc.} is
Allah who has revealed the Book (the Qu'ran), and He protects
(supports and helps) the righteous." (Surah
al A'araf:Verse 195-196).
We must proclaim our beliefs, make them heard. The callers must raise
their voices until they are sacrificed on a pyre of Fitnah in
which their souls will be tried to the limit of their patience.
As it was with the Prophet (saw) and his companions during the
Makkan period. But once the Islamic state was establis~ed nothing
prevented them from making pacts.
for Making Peace Treaties With the Kuffar
scholars of Fiqh are divided as to whether or not it is permitted
to make peace treaties with the Kuffar. Among them are some
who permit it based on the pact of Hudaybia. Others permit it
if the Muslims are extremely weak. Others still, say that we
are no longer permitted to make peace treaties with the Kuffar
because they say that all pacts with the Kuffar are cancelled
by the Verse of the Sword. We say, it is permitted to make peace
treaties, if in the treaty there is good for the Muslims, but
under the condition that there is no clause within the treaty
that nullifies or corrupts it.
It is not permitted to include a condition in the treaty that
relinquishes even a hand span of Muslim land to the Kuffar.
Because, the land of Islam belongs to no one, therefore none
can make negotiations over it. Such a condition nullifies the
treaty because the land belongs to Allah and to Islam. It is
not permitted for anyone to misuse anything in a domain not
his own. Or to barter the Son of Adam that does not belong to
him. With reference to the Russians, it is not permitted to
negotiate with them until they retreat from every hand span
of Afghani territory .With the Jews in Palestine, likewise.
If the Jihad becomes Fard Ayn it nullifies the peace treaty
such as when the enemy enters the Muslim lands or intends harm
upon them. Fath Aliy of Malik 1/289 on the subject of peace
treaties in Mayir in the chapter Jihad: "The Caliph signs
a peace treaty with Christians but the Muslims feel the only
solution is Jihad, then his peace treaty is annulled and his
the jihad is Fard Ayn it is not permitted to have peace, such
as when the enemy conquers Muslims. All that we have cited on
that which makes jihad Fard Ayn annuls the peace treaty, because
it discontinues the Fard Ayn, which is jihad to remedy the situation.
Qadi Ibn Rushd reported that the scholars are agreed that when
jihad becomes Fard Ayn it has more of apriority than fulfilling
the Fard Hajj. The reason for this being, that if jihad is Fard
Ayn it must be carried out immediately, whereas Hajj may be
postponed. The mentioned treaty must be abandoned because it
does not conform to the Shariah, it is not valid nor are its
rules binding, according to everyone who has a true understanding
of the principles of Shariah. Also, the mentioned treaty includes
the abandonment of the Fard jihad. The abandonment of the Fard
jihad is an illegality and every illegality is not binding.
3) Every condition which entails the abandonment of the Shariah of Allah
or neglect of Islamic practices nullifies the treaty. It is
not permitted for Russia to interfere with the government because
this corrupts jihad and its aim.
4) It is
not permitted to contract a treaty including a condition that
humiliates the Muslims or creates such a sentiment. As reported
in a hadith from Az Zuhri, who said-: "When tribulations
upon the people became great, the Messenger of Allah (saw) sent
someone to Uyaina Bin Husn Bin Hanifa Ibn Badr and to Harith
Bin Abi Auf al Muzni - they were the chiefs of Ghatafan.
He offered them one third of the fruits of Medina under the
condition that they and their forces withdraw from him and his
companions. They held negotiations but did not fmalise the agreement.
When he wished to finalise the agreement he sent for Saad Bin
Muath and Saad Bin Ubadah in order to consult with them. He
explained to them the situation and said, " as you know
the Arabs are shooting us through one bow (gathered in their
attack against us), what do you think of offering them some
of the fruits of Medina?"
said, "O Messenger of Allah (saw) if you say this is your
opinion, then your opinion we follow. But, we never offered
them dates except to sell it to them or if they were our guests,
and that was when we were Kuffar. Now Allah has honoured us
with Islam". The Prophet (saw) was pleased with what they
said. Strong with interrupted chain of narration. The Ansaar
felt that they would be humiliated. And in some narration's:
"we don't give you but the sword."
5) Not to contract a condition which opposes the Shariah of Islam. For
An agreement allowing Mushriks to reside in the land of Harramain
(the land of the two Holy mosques, i.e. the entire Arabian peninsula)
because in a hadith: "Expel all Jews and Christians from
the Arabian peninsula".
To return Muslim women to the Kuffar:
Then if you know them for true believers, send them not back
to the disbelievers, they are not lawful (wives) for the disbelievers
nor are the disbelievers lawful (husbands) for them..."
(Surah al Mumtahinah:Verse 10).
sending a Muslim man back to the Kuffar there is disagreement
among the scholars of Fiqh. Some allow for them to be returned
in relation to a similar condition in the Hudaybia pact. But
the rest of the scholars maintain that permission for this condition
in the Hudaybia treaty was specifically for the Messenger of
Allah (saw). Because he knew that Allah would fmd a way out
for them. This is the majority opinion.
Bin Azib said: "The Messenger of Allah (saw) laid down
three conditions on the day of Hudaybia with the Mushrikun.
Whoever went to them from the Prophet (saw) would not be sent
back. Who came to us from them, they would be returned. The
Prophet (saw) said: "who from us went to them, Allah distanced
him". Agreed upon and Muslim adds: "and who left them,
Allah will make for them an opening and a way out".
Similarly, it is not permitted to contract a condition which
permits the exposure of the practices of the Kuffar in Muslim
land. For example, allowing the construction of churches, monasteries
or the circulation of missionaries, all which create Fitnah
for the Muslims and corrupt their beliefs. Most importantly
in the Arabian peninsula. Therefore, agreements and the political
solution in Palestine are void. Void from their very origin.
Any amendments are not permissible.
Afghanistan it is permitted under conditions:
Withdrawal of Russians from all Muslim territory.
If an Islamic state is established in Afghanistan after withdrawal
and there is no interference in the forth-coming government
such as attempting to return the King or imposing practices
that aim to undermine the beliefs of the Afghani people.
The withdrawal must be without conditions or restraints.
The Russians must fully acknowledge the mujahideen and ask peace
if they incline to peace, you also incline to it, and (put your)
trust in Allah..."
(Surah al Anfal:Verse 61).
and Ibn Zaid said: "if they call for a treaty respond to
them."- Ibn Hajr al Haythami said: "A corrupt condition
corrupts the contract. For example, a condition that prevents
the release of prisoners, the withdrawal from captured territory,
the return of any Muslim prisoners that escape from them, their
settling in Hijaz, the appearance of alcohol in our land, or
sending back who came to us from them".
If mujahideen are satisfied that the Russians are sincere in
asking for peace and will not deceive them. But, those who want
to have peace or be its intermediaries fail to uphold the aim
of the Jihad which is the establishment of an Islamic state,
because the western countries will not accept it and will resist
it. These people fail to comprehend the aim of jihad and they
haven't a clear Islamic vision. Furthermore it is not permitted
for these people to be fighters in jihad, a favour from Allah,
nor can they be its leaders.
Allah the Almighty the Majestic said:
Allah 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...
" (Surah at Tauba:Verse 83).
said 8/2 18: "This indicates that the accompaniment of
the foolish in an expedition is not permitted". The major
scholars of Fiqh have stated in AI Jihad that it is not permitted
for the arrogant, the pessimist, the hesitant, the coward or
the hinderer to accompany the army.
Allah give victory to the Mujahideen in Afghanistan, in Palestine,
in the Philippines, in Lebanon and everywhere. And raise the
flag of Islam, the rule of the Qur'anic state, and grant us
martyrdom in Your cause.
be to your Lord, Lord of Honour and Power. He is free from that
which they attribute to Him and peace be upon the messengers,
and all the praise and gratitude be to Allah, Lord of the Worlds.
Salutations upon our Prophet Mohammed (saw) upon his family,
his companions and the predecessors and whoever follows them
in righteousness until the Day of Judgement.
of Abdullah Azzam and Introduction
Defence of the Muslims Lands
The Ruling of Fighting in Palestine and Afghanistan
Fard Ayn and Fard Kifaya
Important questions --- this page
of Acknowledgement and Translators Note