Kamis, 11 November 2010

Legal Jihad, Between Fardhu 'Ain and kifayah

Distribution of Jihad Against the Infidel People

The scholars divide the jihad against the infidels into two parts. That is jihad Difa '(defensive jihad) and jihad thalab (offensive jihad). The first model is intended for Jihad against the enemies that attack. Jihad is compulsory for residents who invaded an enemy country, even without the priest in charge.

Shaykh al-Islam Ibn Taymiyyah explains that if the enemy about to attack the Muslims to defend themselves then become mandatory for all residents who were attacked. And for those that do not attack Muslims must help their brothers. He rahimahullaah menganalogikan with the conditions of the Muslims who attacked the enemy in time of war khandak, then God does not allow anyone to leave. As God allows to leave the jihad to attack the enemy who then divide them into two parts, qaidun wa kharijun (people who sit around and coming out jihad). Even Allah denounced those who requested permission from the Prophet shallallaahu 'alaihi wasallam in his words,

يقولون إن بيوتنا عورة وما هي بعورة إن يريدون إلا فرارا

"And a party of them asked for permission to the Prophet (to return) by saying:" Truly our houses open (no guards) "." (Surat al-Ahzab: 13)

Difa Jihad 'is to defend the deen, honor, and soul. Even this war are forced, unwilling or unable to do. While fighting the second model is a war option to add adherents dien, raised, and to frighten the enemy like in the war of Tabuk and semisalnya.

Imam al-Mardawi in al-Inshaf explained, understood from his words, or the enemy comes to attack his country, that war is not mandatory for people far away, this is the correct opinion that unless there is intent menyerunya to come help, such as the inability of residents are not against enemy, then the population is much too become mandatory ain.

Sedangan thalab Jihad (Jihad offensive) is performed the commandment of Allah, the Exalted:

قاتلوا الذين لا يؤمنون بالله ولا باليوم الآخر ولا يحرمون ما حرم الله ورسوله ولا يدينون دين الحق من الذين أوتوا الكتاب حتى يعطوا الجزية عن يد وهم صاغرون

"Fight those who believe not in Allah and not (also) to the day later and they do not forbid what has been forbidden by Allah and His Messenger and no religion with the true religion (the religion of God), (ie the people) Book given to them, until they pay the jizya with their being in a state of obedient submission. "(Surah Al-Tauba: 29)

And other verses and hadiths that indicate the necessity of jihad and went along with every leader good or evil until the Day of Judgement.

Basic Legal Jihad

The scholars differed concerning the law of jihad. Jumhur scholars have argued fardhu kifayah. Meanwhile, other scholars argue sebagain Fardhu 'ain, including Sa'id bin Musayyib. And the more correct opinion is fardhu kifayah for the people, based on the arguments there.

Although the ruling fardhu kifayah, does not mean we should not pay attention. Because of jihad, including the most noble acts of worship. Shallallaahu Rasulullah 'alaihi wasallam was asked, "Who are the main peling human?" He replied, "Someone who strive in the way of Allah with their wealth and soul." (Muttafaq' alaih from the hadeeth of Abu Sa'eed radhiyallaahu 'anhu).

Once Aisha asked the Prophet shallallaahu 'alaihi wasallam, "We know that jihad is the most important deeds, why do we not also fight jihad?" He shallallaahu' alaihi wasallam replied, "No, but most important jihad is the Hajj Mabrur." (Narrated by Al-Bukhari, and others daam history, "Jihad you (women) is Hajj."

From here, many scholars who argue that the hajj for women over Afdhal than jihad. Jihad is not obligatory upon the women without distinction. (See the al-Inshaf and Majmu 'al-Fataawa).

Imam Ahmad rahimahullaah said, "I do not know there was a charity after the main prayer fardhu more than jihad." And when mentioned to him about jihad, then he cried and said, "No one is more mainstream charities goodness thereof."

Not that the opinion about the law as fardhu kifayah jihad, jihad is not obligatory upon Muslims. But fardhu kifayah if no one enforce it then the whole congregation sinned. This is in accordance with the agreement of science experts.

Imam al-Mardawi said in al-Inshaf said, "fardhu kifayah obligatory upon all. And this dinashkan in the affairs of jihad. If there are people who already do so gugurlah obligation over another, but a Sunnah for them. "

And when it is said jihad was obligatory 'ain the other obligations must be left behind, no one could carry it out. And jihad is legal fardhu kalaulha ain for every indvidu of this people, the Prophet shallallaahu 'alaihi wasallam would never be a walk in the market and the companions will not be time to put their sword from his shoulder. And it is impossible umar would say, "The flurry in the market has melalaikanku." Ibn 'Awf radhiyallaahu' anhushallallaahu 'alaihi wasallam did not allow him to depart for jihad because the care of his wife, and it is impossible lakipun left a man in Medina to keep women and children children. also not going to say, "Show me the market." Uthman Likewise, it is impossible Prophet

The scholars also have set the terms of provision and maintenance for the families left behind for him to go for jihad (as mentioned in al-Muqni ', Syarh al-Kabir, and al-Inshaf). If jihad is obligatory upon every individual, no one would be udzur to leave, like the people whose condition can not afford.

Jihad is not obligatory for women, slaves, people have a hitch, and the people who express a reason for opting out. And if jihad is obligatory 'ain certainly not one of those given udzur (reason) for not jihad.

Allaah says,

ليس على الضعفاء ولا على المرضى ولا على الذين لا يجدون ما ينفقون حرج إذا نصحوا لله ورسوله ما على المحسنين من سبيل والله غفور رحيم () ولا على الذين إذا ما أتوك لتحملهم قلت لا أجد ما أحملكم عليه تولوا وأعينهم تفيض من الدمع حزنا ألا يجدوا ما ينفقون

"There is no sin (because not go jihad) against those who are weak, for people who are sick and for those who do not get what they spend, if they apply sincere to Allah and His Messenger. There is no way at all to condemn those who do good. And Allah is Oft-Forgiving, Most Merciful, and not (also sin) upon those who, when they come to you, that ye may give them a vehicle, then you said: "I do not get the vehicle to carry you", then they come back, while their eyes in tears because of sadness, because they do not get what they spend. "(Surat Al-Tauba: 91-92)

Those who are weak, sick, destitute who do not have what they can spend, and also Prophet shallallaahu 'alaihi wasallam did not get the vehicle to transport them, Allah has given permission for them to not fight jihad in his book with a very clear statement .

Allah Ta'ala says:

لا يستوي القاعدون من المؤمنين غير أولي الضرر والمجاهدون في سبيل الله بأموالهم وأنفسهم فضل الله المجاهدين بأموالهم وأنفسهم على القاعدين درجة وكلا وعد الله الحسنى وفضل الله المجاهدين على القاعدين أجرا عظيما

"It is not the same among the believers who sit (which is not part of the fight) that has no udzur with those who strive in the way of Allah with their wealth and soul. Allah has preferred those who strive with their wealth and soul of the people who sat down one degree. To each Allah has promised them a good reward (heaven) and Allah has preferred those who strive for the person sitting with a great reward. "(Surat al-Nisa ': 95)

Even if jihad is Fardhu 'ain for ever there would be no opportunity to compare between the mujahideen with qaidin (which did not come out jihad) and surely Allah will not promise good for everything.

While the existence of the blind and lame who participated and gave suggestions as discussions between the participation of Amr ibn al-Jamuh al-Ansari radhiyallaahu 'anhu in a war, then all of it because the spirit that comes from them not because it is obligatory upon them.

When is Jihad Being Fardhu 'Ain

The scholars have established that jihad is not a Fardhu 'ain except under three conditions:

First, when the two armies had met and confronted by Alla Ta'ala says:

يا أيها الذين آمنوا إذا لقيتم الذين كفروا زحفا فلا تولوهم الأدبار

"O ye who believe, when ye meet those who disbelieve are being attacked, then do not back them (back)." (Surat al-Anfal: 15)

Second, if the unbelievers have entered the Muslim lands, for the people of the country must fight against and drive them. Allaah says,

يا أيها الذين آمنوا قاتلوا الذين يلونكم من الكفار وليجدوا فيكم غلظة

"O ye who believe, fight the unbelievers who around you, and let them see violence than you." (Surat Al-Tauba: 123)

Third, if the priest had shown a people to come out for jihad, they must come out based on the words of the Prophet shallallaahu 'alaihi wasallam, "So if you ordered to come out for jihad, then come out!." (Muttafaq' alaih)

And Allaah knows best.

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