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Is the permission of the ruler necessary for jihad for the sake of Allaah?

Question: 69746

Is the permission of the ruler necessary for jihad for the sake of Allaah?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

In the answer
to question no. 20214 there is a
discussion of the rulings on jihad and types of jihad. It says that jihad
may be an individual obligation (fard ‘ayn) if the enemy attacks the
Muslims, and in that case fighting them becomes an obligation on every
Muslim, and the permission of the ruler is not required in that case. 

As for jihad
that is aimed at conquest and calling the kuffaar to Islam, and fighting
those who refuse to submit to the rule of Allaah, the permission of the
ruler is essential in this case, thus things will be controlled.  

Ibn Qudaamah
(may Allaah have mercy on him) said: 

The matter of
jihad is in the hands of the ruler and his ijtihaad, and the people must
obey him in whatever he sees fit with regard to that. End quote.
Al-Mughni (10/368). 

The permission
of the imam is to prevent the chaos that may result if some of the Muslims
declare war on the enemies of Allaah without taking into account their
circumstances and strength and the strength of their enemy. 

The scholars of
the Standing Committee said: 

Jihad to make
the word of Allaah supreme and to protect the religion of Islam and make it
possible to convey it and spread it and protect its sanctity is an
obligation on everyone who is able to do that. But it is essential that the
troops be organized and sent in an orderly fashion, lest it lead to chaos
and incidents that bring unfortunate consequences. Hence initiation of and
engagement in jihad is the responsibility of the ruler of the Muslims, and
the scholars must encourage him. If he initiates the jihad and mobilizes the
Muslims, then the one who is able to do so must respond to the call,
sincerely seeking the Countenance of Allaah, and in the hope of supporting
the truth, and to protect Islam. The one who stays behind when the call for
jihad is given and has no excuse, is sinning. End quote. 

Fataawa
al-Lajnah al-Daa’imah (12/12). 

If the people
come together in response to the call of their ruler, that will increase
them in strength, in addition to the fact that they are Islamically obliged
to obey him in whatever does not go against the laws of Allaah. Thus the
Muslims will be united in jihad, supporting Islam and defending the laws of
Allaah. 

Shaykh al-Islam
Ibn Taymiyah (may Allaah have mercy on him) said: 

It should be
noted that appointing a leader to run the people’s affairs is one of the
greatest of religious duties, without which no religious or worldly matters
can be established, because the best interests of the son of Adam cannot be
achieved without coming together, because they need one another. When they
come together, it is essential to have a leader. The Prophet (peace and
blessings of Allaah be upon him) said: “If three people set out on a
journey, let them appoint one of them in charge.” Narrated by Abu Dawood
from the hadeeth of Abu Sa’eed and Abu Hurayrah. Imam Ahmad narrated in his
Musnad from ‘Abd-Allaah ibn ‘Amr that the Prophet (peace and
blessings of Allaah be upon him) said: “It is not permissible for three
people to be in the wilderness without appointing one of them in charge.”
The fact that it is obligatory to appoint one person in charge of a small
temporary group whilst travelling indicates that this is essential in all
kinds of groups. And Allaah has commanded us to enjoin what is good and
forbid what is evil, which can only be achieved from a position of strength
and authority, and the same applies to all the other things that He has
enjoined, such as jihad, justice, establishment of Hajj, Jumu’ah and Eid, as
well as supporting those who are wronged or oppressed, and carrying out hadd
punishments – it cannot be achieved except from a position of strength and
authority. Hence it was narrated that “the ruler is the shadow of Allaah on
earth” and “Sixty years with (even) an unjust ruler are better than one
night without a ruler.” Experience proves that this is so. End quote. 

Majmoo’
al-Fataawa (28/390, 391). 

Shaykh Muhammad
ibn ‘Uthaymeen (may Allaah have mercy on him) said: 

It is not
permissible for the army to set out on a campaign without the permission of
the ruler, no matter what the situation, because the ones to whom the
command to fight and engage in jihad is addressed are the rulers, not
individuals. Individuals have to follow the decision-makers. So it is not
permissible for anyone to fight without the permission of the imam, except
in the case of defence. If the enemy attacks them suddenly and they are
afraid of his evil, then they may defend themselves, because fighting
becomes an individual obligation in that case.  

The reason why
that is not permitted is because the matter of jihad is the ruler’s
responsibility, and fighting without his permission is a transgression
against his rights and over stepping the mark. If it were permissible for
the people to fight without the permission of the ruler, that would lead to
chaos. Everyone who wanted to would mount his horse and go fight, and if the
people were allowed to do that it would lead to many negative consequences.
Some people would equip themselves on the grounds that they want to fight
the enemy but their real aim would be to rebel against the ruler, or to
spread evil by attacking another group of people, as Allaah says
(interpretation of the meaning): 

“And if two
parties (or groups) among the believers fall to fighting, then make peace
between them both”

[al-Hujuraat
49:9]

For these three
reasons and others it is not permissible to fight without the permission of
the ruler. End quote. 

Al-Sharh
al-Mumti’ (8/22). 

And Allaah
knows best.

Source

Islam Q&A

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