السلام عليكم ورحمة الله وبركاته ,
Some scholars are trying to convince people that Jihaad is a communal obligation (Fard Kifayah) and a temptation (Fitna) and that the Mujahideen are merely mercenaries. And there was a person who wanted leave and join the Jihad when he heard that it is an individual obligation (Fard ‘Ayn) and that he will be sinful if he does not do so. However a scholar told him not leave because it is a Fitna and it is such and such. So how are these scholars suppose to be dealt with and is prayer behind them valid?
Wa alaykum selaam Wa Rahmatullah,
Whoever says Jihad in Shaam right now is only a communal obligation is ignorant and deluded. Fighting Bashar is an individual obligation from at least five different aspects.
1) He (Bashar and his army) is an aggressor against the religion of the Muslims; they prevent the law of Allah and spread mischief among the Muslims. They are also aggressors against the Muslim land, honor, and wealth. And defending against the aggressor is agreed upon. First upon the people of the land, if they are incapable then on the Muslims next to them, if they are incapable then on those next to them and it remains like this until it becomes mandatory on everyone capable on the face of the earth. This is the situation now; the Syrian people are incapable as well as those who came to assist them, in pushing back the aggressor. So everyone who is able to support them with either with their selves, money, or anything else and does not do so is sinful.
Ibn Taymiyyah said “Defensive fighting is the most intense form of pushing the aggressor away from the sanctity and religion and it is agreed upon by consensus. There is nothing more obligatory after faith (Iman) than defending against the enemy that spoils the religion and earth. It has no conditions, but defending with all capabilities.”
Ibn Abideen al-Hanafi said “It is obligatory (if the enemy attacks a frontier borderline) of Islam, on those that are the closest to it. And for those behind them (the Muslims) it is only a communal obligation if they are not needed. If they are needed for reasons such as shortages in capability or even if they are capable but are lazy and do not do Jihad then it becomes obligatory, the same as Salah and fasting, on those who come after them. It will continue to become an individual obligation on all Muslims in the east and west in this order.”
And the saying of the scholars are to many to count but we will do with this summarization.
2) The offensive battle is also obligatory by consensus. Al-Shawkani said “In regards to the fighting against the disbelievers and the people of disbelief, bringing them to Islam, or surrendering them to pay Jizya or death, then it is a known religious necessity. And the evidences for this are found in the Quran and Sunnah, for the situation does not allow us to expand, and what has been mentioned in regards to refraining from fighting them if they abandon fighting us has been abrogated by agreement of the Muslims, by what has been mentioned in regards to the obligation of fighting them either way, when the capability and ability of fighting them and entering their countries is present.”
This is a communal obligation, meaning that it is binding upon the community, if enough people from the community perform it then the obligation falls for the rest of them.
However if not enough people perform it then every able person to perform it from the Muslims is sinful if he does not perform it. If we said for arguments sake what some of the confused are saying “that Bashars land was a land of disbelief so there can not be an individual obligation to fight” then we say that is has become a communal obligation by consensus. And even if this was the case then not enough people have performed it at all. Without even mentioned what has been liberated from territories which is now reached by Bashar, so it turns into a defensive fight by consensus (this is if we were to agree with your nonsense). Let alone what we will mention from other a
3) And rescuing the Muslim prisoners (male or female) from the prisons of Bashar’s regime is as compulsory as defending against the transgressing enemy as mentioned in the first point.
Allah said “And what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say; Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?”
Al-Nawawi said: “If the enemy imprisons a Muslim or Muslim woman, (the predominant opinion) is that it is like the enemy entering Muslim lands, meaning the defensive fighting. This is because the sanctity of a Muslim is greater than the sanctity of (home-) land. So we must work towards freeing the male and female prisoners.”
4) Bashar is an Alawite disbeliever by consensus and he has replaced the governance of Allah which makes one a disbeliever by consensus. Imam Ibn Kathir said in Al-Biya wa Nihaya “Who ever leaves the law of Allah revealed to Muhammed, the seal of prophets, (Peace and blessings be upon him) and governs by abrogated laws [of Islam] is committing Kufr. So how about the one who governs by “Yasiq (law created by Ghengis Khan)” and prefers that (over the law of Allah); so whoever does that has committed Kufr according to the consensus of all Muslims.”
So his disbelief (Bashar) is from two angles (at least) and rebelling against the disbelieving rulers is obligatory by consensus. Al-Qadi Iyad Shafiee said: “If you see disbelief (from the ruler) and replacement of the Sharia or an innovation then he is no longer allegeable for authority, and obeying him becomes void, and the Muslims must stand up against him, and they must appoint a righteous ruler if they are capable of doing so, if this does not happen except from a group amongst them then they most work towards deposing the disbeliever.” (Sharh Sahih Muslim of Al-Nawawi)
Ibn Hajar said “The disobeying ruler should be deposed by consensus, so it becomes obligatory for every Muslim to take part in it [his removal]. Whoever is powerful enough to do it then he will be rewarded and the one who is lacks about it is sinful, and whoever is unable must migrate from that land.” (Fath Al-Bari)
It is obligatory for every Muslim over whom he rules to rebel against this ruler and fight him until he is replaced with a Muslim ruler who rules with the law of Allah.
5) If we assume that all of the aforementioned is not present, then Bashar’s regime does not rule by the law Allah, and ruling by the Sharia is a ritual of Islam agreed upon by everyone. In addition to it forcefully preventing many other aspects of Islam and obligations, and whoever does this must be fought by consensus.
Ibn Taymiyyah said in Majmu Al-Fatawa “It is compulsory with the consensus of the Muslims to fight against every sect that refuses and prevents one of the clear rituals of Islam known to everyone, like a group which refuses and prevents the five daily prayers or paying the mandatory Zaakat. Or they do not rule among each another by the law that Allah revealed to his messenger.”
Whoever warns people against Jihad and urges them to leave Jihad should be trailed in a Sharia court and he must be punished with a suiting punishment which prevents him and his likes from deceiving people and pushing them away from what is the most compulsory duty (Jihad) after having faith (Imaan) in Allah the Exalted. And if this is taught in one of the institutions then it should be prevented from it as soon as possible or it should be closed to stop their deceivement of Muslim. And Allah knows best.
Shaykh Abu Fath Al-Farghali.