The Necessity

Say, "If your fathers, your sons, your brothers, your wives, your relatives, wealth which you have obtained, commerce wherein you fear decline, and dwellings with which you are pleased are more beloved to you than (1) Allah and (2) His Messenger and (3) Jihad in His Cause, then wait until Allah executes His command. And Allah does not guide the defiantly disobedient people." 9:24

Shaykh Al-Islaam Ibn Taymiyyah (RA) gives a beautiful Sharh on the following verse:

لَا يَسْتَأْذِنُكَ الَّذِينَ يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ أَنْ يُجَاهِدُوا بِأَمْوَالِهِمْ وَأَنْفُسِهِمْ وَاللَّهُ عَلِيمٌ بِالْمُتَّقِينَ إنَّمَا يَسْتَأْذِنُكَ الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَارْتَابَتْ قُلُوبُهُمْ فَهُمْ فِي رَيْبِهِمْ يَتَرَدَّدُونَ

Surah Al-Tawbah - Verses 44/45

. فَهَذَا إخْبَارٌ مِنْ اللَّهِ بِأَنَّ الْمُؤْمِنَ لَا يَسْتَأْذِنُ الرَّسُولَ فِي تَرْكِ الْجِهَادِ ؛ وَإِنَّمَا يَسْتَأْذِنُهُ الَّذِي لَا يُؤْمِنُ فَكَيْفَ بِالتَّارِكِ مِنْ غَيْرِ اسْتِئْذَانٍ وَمَنْ تَدَبَّرَ الْقُرْآنَ وَجَدَ نَظَائِرَ هَذَا مُتَضَافِرَةً عَلَى هَذَا الْمَعْنَى

So if Ibn Taymiyyah asks about the one who abandons Jihaad without asking for permission, then I add the question - "What about the one who forbids others from going Jihaad?"

But then you may argue that amongst the ranks of those mujahideen are those who rush into killing innocent people, who are upon bid'ah, whose ideology isnt sount, they may be Ash'ari, Matrudi, Soofi etc...

Imam Ahmad (RA) said about those who due to other's faults sit behind and give others excuse to sit also and refrain from fighting in the cause of Allaah. He said:


، عَنْ الرَّجُلِ يَقُولُ : أَنَا لَا أَغْزُو وَيَأْخُذُهُ وَلَدُ الْعَبَّاسِ ، إنَّمَا يُوَفَّرُ الْفَيْءُ عَلَيْهِمْ ، فَقَالَ : سُبْحَانَ اللَّهِ ، هَؤُلَاءِ قَوْمُ سُوءٍ ، هَؤُلَاءِ الْقَعَدَةُ ، مُثَبِّطُونَ جُهَّالٌ ، فَيُقَالُ : أَرَأَيْتُمْ لَوْ أَنَّ النَّاسَ كُلَّهُمْ قَعَدُوا كَمَا قَعَدْتُمْ ، مَنْ كَانَ يَغْزُو ؟ أَلَيْسَ كَانَ قَدْ ذَهَبَ الْإِسْلَامُ ؟ مَا كَانَتْ تَصْنَعُ الرُّومُ ؟


So according to Imaam Ahmad - mashaAllaah look at his fiqh - Jihaad will not and shall not be stopped for anything or anyone.

He makes this very clear elsewhere when speaking about Hajj and Jihaad:


هَذَانِ بَابَانِ لَا يَدْفَعُهُمَا شَيْءٌ أَصْلًا وَمَا يُبَالِي مِنْ قَسْمِ الْفَيْءِ أَوْ مِنْ وَلِيِّهِمَا ، وَنَقَلَ الْمَرُّوذِيُّ : يَجِبُ الْجِهَادُ بِلَا إمَامٍ إذَا صَاحُوا النَّفِيرَ

That is Imam Ahmad on Offensive Jihaad!

Then what about defensive?

“THE MOST IMPORTANT DIFFERENCES BETWEEN JIHAD AT-TALAB (OFFENSIVE JIHAD) AND JIHAD AD-DAF’ (DEFENSIVE JIHAD) – SHAYKH HUSAYN BIN MAHMUD
Definition

Jihad at-Talab – Waging war against the kuffar – who are not under a covenant – in their lands so that they may be ruled by Isslam. Either they embrace Islam, or they give the jizyah from their hands while they are disgraced.

Jihad ad-Daf’ – Fighting the enemy and blocking him from the lands of Islam if he enters it or plans to enter it. (Translator’s Note: Likewise, fighting the kuffar from among the apostates falls under the ruling of Jihad ad-Daf’, except that they must be fought before the original kuffar according to the ijma’ of the Salaf).

Its Ruling

Jihad at-Talab - Fard Kifayah – based upon the opinion of the majority of scholars. When som [of the Muslims] fulfill it, [the obligation] falls from all. Some say it is an individual obligation.

Jihad ad-Daf’ – Fard ‘Ayn- according to the ijma’ (complete consensus) of the scholars, until the enemy exits from the lands of the Muslims or they are hindered from it.

Its Time

Jihad at-Talab – It is Mustahab (there is no sin in leaving it, but there is reward in doing it) once annually or more.

Jihad ad-Daf’ – When the enemy enters the Islamic lands or wishes to enter them.

The Ruling Upon One Who Undertakes It

Jihad at-Talab – He will be rewarded for it and would be given a great reward if he purifies his intention and follows the guidance of the Messenger of the Lord of Creation, salaa Allahu ‘alayhi wa salam.

Jihad ad-Daf’ – He will be rewarded for it and would be given a great reward if he purifies his intention and follows the guidance of the Messenger of the Lord of Creation, salaa Allahu ‘alayhi wa salam.

The Ruling Upon One Who Leaves It

Jihad at-Talab – He will not be punished for leaving it if there are enough [people to fulfill the obligation] without him, except that one who does not fight, nor determines within himself to fight [as per the hadeeth in Sahih Muslim]. And whoever comes to the ranks [of Jihad], then it is not allowed for him to turn back unless it is a stratagem of war, or to retreat to a party [of his own army].

Jihad ad-Daf’ – He will be very sinful due to his leaving of the lands, and the women, and the children as a booty for the disbelievers.

The Ruling Upon The One Who Is Far From The Battlefield (Farther Than The Distance At Which One Shortens The Prayers)

Jihad at-Talab – Jihad [upon such a person] is Fard Kifayah, he is rewarded for it, or it is Mustahab for him to go. And if the Muslims need him, and he is able to reach them, then it becomes an individual obligation.

Jihad ad-Daf’ – If there is not a sufficient [amount] of those who are present, then it becomes an individual obligation for the one far away, this applies first to the nearest, then to the next nearest, until the obligation becomes general upon the whole earth, until the disbelievers leave the lands of Islam or they are hindered from them.

The Invitation To Islam

Jihad at-Talab – The enemies are invited to Islam if it has not reached them before. And even if it has reached them, then it is recommended (and not compulsory) to invite them. And they are given a choice between Islam or [paying] the Jizyah or being fought, and are given a period of three days to decide.

Jihad ad-Daf’ – The enemies are not invited [to Islam], rather they are fought without an invitation, because they are transgressors.

Is Equivalence Between The Armies Considered?

Jihad at-Talab – Yes, it is considered. If the enemies are more than twice the number [of the Muslims], then retreating is permissible.

Jihad ad-Daf’ – It is not considered, because if the men run, then the enemies would reach the Muslim women and children. So it becomes an obligation to fight them whatever the situation is.

Is Leaving Collectively Permissible?

Jihad at-Talab – It is allowed to retreat to a party [of his own troops], or due to a plan, based on the benefits.

Jihad ad-Daf’ – It is allowed in a very narrow way. And it is not allowed if the enemies would reach the women and children of the Muslims.

Is Retreating Permissible?

Jihad at-Talab – It is permissible if the enemy is more than twice the number [of the Muslims]. And it is not permissible without a Shar’i excuse. And fleeing is from the seven most deadly sins.

Jihad ad-Daf’ – It is not permissible. Rather, fighting is obligatory until the Islamic lands are safe and the enemy is prevented from the Muslim women and children.

Its Conditions

Jihad at-Talab - Islam, maturity, intellect, freedom, manhood, being safe from harms (i.e. being blind etc. – my note: Ibn Umm Makhtoom was blind and fought jihad at-talab and was shaheed), and the presence of what one can spend with.

Jihad ad-Daf’ – Ibn Taymiyyah, raheemahumaallah, said, “So attacking the enemy who corrupts the Religion and the Dunya – nothing is more obligatory after faith than repelling him, and no conditions are set for him [My note: so stop waiting for more knowledge and your Eemaan to increase etc.], rather he is repelled according to the capacity.

The Fighting Of Women

Jihad at-Talab – It is said that it is forbidden. And it is said that it is permissible with conditions: that she should not be young, and that there must be no fear of her being captured, and other conditions. And there is no doubt that it is not obligatory.

Jihad ad-Daf’ – It is permissible with the presence of a mahram, where [the battlefield] is farther than the distance of the shotening of the prayers. And sometimes it may be obligatory if she is needed when there are not enough men. And she does not need to take the permission of her husband if it is obligatory upon her [if the fighting] is within a distance which is nearer than the distance at which prayers must be shortened, if she is capable of fighting.

Taking Permission From The Parents

Jihad at-Talab – It is obligatory except if they are not Muslims, and there are further details in the matter.

Jihad ad-Daf’ – It is not considered unless there is fear that one or both of them would die [by his going]. (Translators Note: like they are sick, have no food, etc.)

Taking Permission From The Ruler

Jihad at-Talab – It is mustahab, and it is disliked to fight without his permission; however, it is not forbidden.

Jihad ad-Daf’ – It is not considered, and sometimes it is considered nifaaq (hypocrisy) – see verses 9:44 and 9:45

Taking Permission From The Loan Giver

Jihad at-Talab – It is obligatory, with a difference of opinion. And there are further details in the matter.

Jihad ad-Daf’ – It is not considered.
Taking Permission From A Scholar

Jihad at-Talab – Not considered.

Jihad ad-Daf’ – Not considered.

Taking Permission From A Husband

Jihad at-Talab – A condition.

Jihad ad-Daf’ – It is not a condition, [if the battlefield] is nearer than the distance at which one shortens the prayer.

Taking Permission From The Wife

Jihad at-Talab – Not considered.

Jihad ad-Daf’ – Not considered.

These are the most important differences between Jihad at-Talab and Jihad ad-Daf’. And it is the summary of the sayings of the scholars of the Salaf. And I have collected them here so that it can be a protection for the Muslims from the deception of the abandoners, and those who spread lies, and the hypocrites, and the ignorants who mix the rulings of Jihad at-Talab and Jihad ad-Daf’, and who change the Sht’i understandings that are constant in the Book of Allah and the Sunnah of the Messenger, salaa Allahu ‘alayhi wa salam, and the sayings of the trusted people of knowledge from the icons of this Ummah. Thus, [despite] all of the deception on this issue, a person can know the reality of it by returning to the differences, in sha’a Allah, and perhaps the one who reads up on the Fiqh of Jihad will conserve this chart so the matters would not be uncertain for him.”

From his article, Complete the Ayah – A Response to ‘A’id al-Qarni.

12 Safar 1429″

This is from Ibn An-Nuhaas’s great work Mashari Al-Ashwaq Ila Masari Al-Ushaaq Wa Mutheer Al-Gharaam Ila Daar Assalaam:

• Offensive jihad without the permission of the Imam (Muslim leader) or whoever represents him is makrooh (discouraged) but it is not Haraam (illegal). There are exceptions to the discouragement:

* If jihad is urgent and does not accept delay and seeking permission would delay it then permission of the Imam is not needed.
* If the Imam neglects jihad and he and his soldiers are attached to this world. In this case the permission of the Imam is not to be sought because the Imam has suspended jihad. The mujahideen should therefore resume it.
* If the person cannot seek permission because he knows in advance that the Imam would not give him permission.
* Ibn Qudaamah states that: “the absence of the Imam should not be a reason for the delay of jihad”



First article courtesy of Tibyan Publications