No Jihad Without The State: View Of The Jurists

Question

According to Ghamidi's view, only a state has the right to wage war and no group or organization is allowed to do so. What is the opinion of other scholars in this matter?


Answer

There is a consensus among all authorities of Islam that only an Islamic State has the authority to wage Jihad. This condition is so explicit and categorical that all the scholars of this ummah unanimously uphold it. Sayyid Sābiq, while referring to this consensus, writes:

من الفروض الكفائية ما يشترط فيه الحاكم مثل: الجهاد وإقامة الحدود

Among collective obligations, there is a category for which the existence of a ruler is necessary e.g., Jihad and administering punishments.2

'Uthmānī, a Hanafite jurist writes:

ولا يخفى أن الأمير الذي يجب الجهاد معه كما صرح به حديث مكحول إنما هو من كان مسلما ثبتت له الإمارة بالتقليد إما باستخلاف الخليفة إياه كما نقل أبو بكر رضي الله عنه ' وإما ببيعة من العلماء أو جماعة من أهل الرأي والتدبير …قلت: فلو بايع العلماء أو جماعة من المسلمين رجلا لا يقدر على سد الثغور وحماية البيضة وجر العساكر و تنفيذ الأحكام بشوكته و بأسه ولا على إنصاف المظلوم من الظالم بقدرته وسطوته لا يكون ذلك أميرا ولا إماما ' وإنما هو بمنـزلة الحكم ومبايعة الناس له منـزلة التحكيم ولا يجدي تسميته إماما أو أميرا في القراطيس وأفواه الناس فإن مدار الإمارة والإمامة على القوة والقدرة دون التسمية والشهرة فقط ' فلا يجب على عامة المسلمين مبايعته ولا إطاعة أحكامه ' ولا الجهاد معه

It is obvious from the Hadīth narrated by Makhūl3 that Jihad becomes obligatory only in the presence of a ruler who is a Muslim and whose political authority has been established either through nomination by the previous ruler similar to how Abū Bakr transferred the reins [of his khilāfah to 'Umar] or through pledging of allegiance by the ulema or a group of the elite …in my opinion, if the oath of allegiance is pledged by ulema or by a group of the elite to a person who is not able to guard the frontiers or defend the honour [of the people] or organize armies or implement his directives by political force nor is he able to provide justice to the oppressed by exercising force and power, then such a person cannot be called "Amīr" (leader) or "Imām" (ruler). He, at best, is an arbitrator and the oath of allegiance is at best of the nature of arbitration and it is not at all proper to call him "Amīr" (leader) or a "Imām" (ruler) in any [official] documents nor should the people address him by these designations. The reason for this is that the basis of leadership and rulership is power and authority and it does not hinge only on the fact that he gets famous by this name. It is not imperative for the citizens to pledge allegiance to him or obey his directives, and no Jihad can be waged alongside him.4

Ibn Qudāmah, a Hambalite jurist, writes:

وأمر الجهاد موكول إلى الإمام واجتهاده ويلزم الرعية طاعته فيما يراه من ذلك

The matter of Jihad rests with the ruler [of a state] and his ijtihād. The opinion he forms in this regard must be obeyed by the citizens of his country.5

Māwardī, a Shafi'īte authority, while enumerating the obligations of a Muslim ruler says:

والسادس: جهاد من عاند الإسلام

His sixth obligation is to conduct Jihad against those who show hostility against Islam.6

In the words of Farāhī:

In one's own country, without migrating to an independent piece of land, Jihad is not allowed. The tale of Abraham (sws) and other verses pertaining to migration testify to this. The Prophet's life (sws) also supports this view. The reason for this is that if Jihad is not waged by a person who holds political authority, it amounts to anarchy and disorder.7

While commenting on the underlying reasons that form the basis of state authority for Jihad, Amīn Ahsan Islāhī, writes:

The first reason [for this condition] is that God Almighty does not like the dissolution and disintegration of even an evil system until a strong probability exists that those who are out to disintegrate the system will provide people with an alternative and a righteous system. Anarchy and disorder are unnatural conditions. In fact, they are so contrary to human nature that even an unjust system is preferable to them....this confidence [that a group will be able to harmonize a disintegrated system and integrate it into a united whole] can be reposed in such a group only as has actually formed a political government and has such control and discipline within the confines of its authority that the group can be termed as al-jamā'ah [the State]. Until a group attains this position, it may strive [by religiously allowable means] to become al-jamā'ah – and that endeavour would be its Jihad for that time – but it does not have the right to wage an "armed" Jihad.

The second reason is that the import of power that a group engaged in war acquires over the life and property of human beings is so great that the sanction to wield this power cannot be given to a group the control of whose leader over his followers is based merely on his spiritual and religious influence on them [rather than being based on legal authority]. When the control of a leader is based merely on his spiritual and religious influence, there is not sufficient guarantee that the leader will be able to stop his followers from fasād fi al-ard [creating disorder in the society]. Therefore, a religious leader does not have the right to allow his followers to take out their swords [that is to wage an armed struggle] merely on the basis of his spiritual influence over them, for once the sword is unsheathed there is great danger that it will not care for right and wrong and that those who drew it will end up doing all [the wrong which] they had sought to end. Such radical groups as desire revolution and the object of whom is nothing more than disruption of the existing system and deposition of the ruling party to seize power for themselves play such games – and they can, for in their eyes disruption of a system is no calamity, nor is cruelty of any kind an evil. Everything is right to them [as long as it serves their purpose]. However, the leaders of a just and righteous party must see whether they are in a position to provide people with a system better than the one they seek to change and whether they will be able to stop their followers from doing such wrong as they themselves had sought to root out. If they are not in that position, they do not have the right to play games with the life and property of people on the basis of their confidence in mere chances and to create greater disorder than the one they had sought to end.8

2. Sayyid Sābiq, Fiqh Al-Sunnah, 2nd ed., vol. 3 (Beirut: Dar al-Fikr, 1980), 30.

3. The complete text of the Hadīth is:عَنْ مَكْحُولٍ عَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْجِهَادُ وَاجِبٌ عَلَيْكُمْ مَعَ كُلِّ أَمِيرٍ بَرًّا كَانَ أَوْ فَاجِرًا وَالصَّلَاةُ وَاجِبَةٌ عَلَيْكُمْ خَلْفَ كُلِّ مُسْلِمٍ بَرًّا كَانَ أَوْ فَاجِرًا وَإِنْ عَمِلَ الْكَبَائِرَ وَالصَّلَاةُ وَاجِبَةٌ عَلَى كُلِّ مُسْلِمٍ بَرًّا كَانَ أَوْ فَاجِرًا وَإِنْ عَمِلَ الْكَبَائِرَ (ابو داؤد، رقم: 2533)

Makhūl narrates from Abū Hurayrah who narrates from the Prophet: Jihad is obligatory on you only in the presence of a Muslim ruler whether he is pious or impious, and the prayer is obligatory upon you behind every Muslim whether he is pious or impious even if he is guilty of the major sins and the prayer is obligatory on every Muslim whether he is pious or impious even if he is guilty of the major sins. (Abū Dā'ūd, No: 2533)

4. Zafar Ahmad 'Uthmānī, Ii'lā al-Sunan, 3rd ed., vol. 12 (Karachi: Idarāt Al-Qur'an wa 'Ulūm Al-Islāmiyyah, 1415 AH), 15-16.

5.Ibn Qudāmah, al-Mughnī, vol. 8 (Riyād: Maktabah al-Riyād al-Hadīthah, 1981), 352.

6. Abu'l-Hasan 'Alī Māwardī, al-Ahkām al-Sultāniyyah, 1st ed. (Beirut: Dār al-Kitāb al-'Arabī, 1990), 52.

7. Farāhī, Majmū'ah Tafāsīr-i-Farāhī, 1st ed. (Lahore: Faran Foundation, 1991), 56.

8. Amīn Ahsan Islāhī, Da'wat-i Dīn awr us ka Tarīqah kār,trans. Asif Iftikhar, 1st ed. (Lahore: Faran Foundation, 1989), 241-242.

About the Author

Dr. Shehzad Saleem


 

 

EDUCATION

University of Wales, Lampeter, United Kingdom
  Ph.D. Title of dissertation: Collection of the Qur’ān: A Critical and Historical Study of al-Farāhī’s View (2010)
  Under the tutelage of Javed Ahmad Ghamidi for religious studies (1988-)

University of Engineering and Technology,  Lahore, Pakistan
  B.Sc Electrical Engineering (1990)

The Government College, Lahore, Pakistan
  Intermediate, Pre-Engineering (1983)

 

RESEARCH WORK

Special Area of Interest
  History of the Qur’ān and the Previous Scriptures

Projects
  Associate Fellow (1992-2008) / Fellow (2008 to present) at Al-Mawrid, A Foundation for Islamic Research and Education, Lahore,  Pakistan (www.al-mawrid.org)

•      Recently completed (2018) an eighteen year research project on the history of the Qur’ān that attempts to address the issue of multiple versions of the Qur’ān and some nagging questions regarding its collection.

•      Completed translation of a five volume Qur’ān commentary (Urdu to Eng) of Jāved Aḥmad Ghāmidī  titled Al-Bayān. (1998-2018).

•      Currently working on translating a nine volume Qur’ān commentary (Urdu to Eng) of Amīn Aḥsan Iṣlāḥī titled Tadabbur-i Qur’ān (2008 to present).

•      Currently working on a critical study of the corpus of Ḥadīth literature, including the “Hagar-Zamzam” narratives, “First Revelation”  narratives and “Return of Jesus” narratives.

 

EXPERIENCE

On Campus Work for Al-Mawrid
  •      Vice President (1995-1996/2013-2019). I assisted the president in organizing academic research work on Islam, its subsequent publication and various educational activities. Also oversaw administrative and financial spheres of the foundation.
  •      Secretary General (CEO)  (2012-2016). As a representative of the Board of Governors of Al-Mawrid,  was required to run the foundation comprising more than thirty staff members.
  •      Headed a graduate program of Islamic Studies (1999-2001) offered in affiliation with a private university (MA Jinnah University, Karachi). Work included organizing staff affairs and also supervising the syllabus and its effective instruction.
•      Instructor for Qur’ānic studies (1999-2001). Besides teaching,  responsibility involved developing the pedagogy and curriculum for teaching the Qur’ān to graduate students of the foundation.
•      President, Centre for Islamic Communications (1997). The objective of this centre was organization and marketing of various media of Al-Mawrid as journals, audio-video cassettes, lectures and seminars.
  •      Director General (1993-1995 / 1998-2003). Job responsibility as Director involved development of the institute and management of all its affairs.
  •      Director Admin (1992-1993). Job responsibility involved assisting the President in the administration of the institute.
  •      Editor of Renaissance Journal (1991-1995/ 1998 to present)
Oversaw the management of a monthly Islamic journal and all aspects of its publication.  Over the course of almost three decades, the journal has published several hundred articles on various aspects of Islam.

Online Work for Al-Mawrid
  •        Launched in 2014 http://www.abdus-sattar-ghauri.org, a website on the Biblical scholar Abdus Sattar Ghauri (1935-2014).
  •        Launched in 2012 http://www.tadabbur-i-quran.org, a website on the exegesis of Amīn Aḥsan Iṣlāḥī (1904-1997), a Qur’ānic scholar of the sub-continent.
  •        Launched in 2010 http://www.hamid-uddin-farahi.org, a website on life and works of the Qur’ānic scholar Ḥamīd al-Dīn Farāhī (1863-1930)
  •        Launched in 2004 http://www.amin-ahsan-islahi.org, a website on life and works of the Qur’ānic scholar Amīn Aḥsan Iṣlāḥī
  •        Launched in 2003 http://www.studying-islam.org, a website that offers online courses on Islam in English and in Urdu. Currently, there are over fifteen thousand registered students from around the globe and about 50 courses on Islam in English and Urdu.
  •        Launched in 1999 http://www.monthly-renaissance.com, the website of the monthly Islamic Journal Renaissance. Besides regular issues, special issues on Islam and Non-Muslims: A New Perspective, Islam and Women, Political Directives of Islam, Economic Directives of Islam, Understanding Islamic Punishments and Collection of the Qur’ān have been published.
  •        Launched in 1998 a comprehensive distance learning program for Al-Mawrid. It was well received in an era where online religious education was not that common.
•        Founded an Islamic Query Service (IQS) in 1997-2003), an email based service meant to answer questions on or about Islam. By 2003, more than 3000 questions had been answered by this service.

 

PUBLICATIONS

1. A New Economic Framework, 1st ed., Lahore: Al-Mawrid, 1995.
  2. Common Misconceptions about Islam, 1st ed., Lahore: Al-Mawrid, 2008.
  3. Playing God: Misreading a Divine Practice, 1st ed., Lahore: Al-Mawrid, 2010.
  4. Islam and Women:  Misconceptions and Misperceptions, 1st ed., Lahore: Al-Mawrid, 2010.
  5. Essays on Character Building, 1st ed., Lahore: Al-Mawrid, 2015.
  6. Qur’ān Workshops on Character Building,  1st ed., Lahore: Al-Mawrid, 2016.
  7. Lessons on Character Building, 1st ed., Lahore: Al-Mawrid, 2016.
  8. Selections from the Qur’ān, 1st ed., Lahore: Al-Mawrid, 2015.
  9. Selections from the Bible, 1st ed., Lahore: Al-Mawrid, 2015.
  10. Selections from the Ḥadīth, 1st ed., Lahore: Al-Mawrid, 2014.
  11. Introduction to the Qur’ān: Insights from Jāved Aḥmad Ghāmidī, 1st ed., Lahore:
  Al-Mawrid, 2019
.
  12. A Treasury of Prayers from Qur’ān and Ḥadīth,  1st ed., Lahore: Al-Mawrid, 2017.
  13. The Good Human, 1st ed.,  US: Amazon, 2019.
  14. Modern Challenges to Parenting, 1st ed., US: Amazon, 2019.
  15. History of the Qur’ān: A Concise Study,  1st ed., Lahore: Al-Mawrid, 2018.
  16. History of the Qur’ān: A Critical Study, 1st ed., Lahore: Al-Mawrid, 2019.
  17. From the Core of my Heart (poems), 1st ed., US: Amazon, 2019.

Translations (Urdu to Eng) (Published)
  1. Selections from the Tadabbur-i Qur’ān,  Amīn Aḥsan Iṣlāḥī, 1st ed., Lahore: Al-Mawrid, 2004.
  2. Jāved Aḥmad Ghāmidī, Mīzān (Islam: A Comprehensive Introduction), 1st ed., Lahore: Al-Mawrid, 2010.
  3. Jāved Aḥmad Ghāmidī, Al-Islam (Islam: A Concise Introduction), 1st ed., Lahore: Al-Mawrid, 2009.
  4. Selected Essays of Jāved Aḥmad Ghāmidī,  1st ed., Lahore: Al-Mawrid, 2015. (co-translator)
  5. Jāved Aḥmad Ghāmidī, Al-Bayān, 1st ed., vol. 1, Lahore: Al-Mawrid, 2015.
6. Jāved Aḥmad Ghāmidī, Al-Bayān, 1st ed., vol. 5, Lahore: Al-Mawrid, 2015.

Translations (Urdu to Eng) (Unpublished)
  1. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 6, (Al-Mawrid, 2016)
  2. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 7, (Al-Mawrid, 2015) 
  3. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 8, (Al-Mawrid, 2015)
  4. Amīn Aḥsan Iṣlāḥī, “Tadabbur-i Qur’ān”  (Pondering on the Qur’ān), vol. 9, (Al-Mawrid, 2014)

Works in Print
  1. History of the Qur’ān: A Critical Study
  2. From the Core of my Heart (poems)

PRESENTATIONS

I have lectured in the US, UK, Canada, Australia, Singapore and Pakistan. Some important topics include:
  1. Critical History of the Qur’ān
  2. Misconceptions about Women in Islam 
  3. Interfaith dialogue
  4. Selected Biblical Verses
  5.  Question on the Qur’ān by Serious Students 
  6.  Misconceptions about Islam 
  7.  Muhammad (sws): The Misunderstood Prophet of Islam
  8.  Marriage and Married Life
  9.  Basic Morality
  10.  Islam and Islamic Welfare State 
  11.  Misconceptions about Divorce in Islam 
  12.  Misconceptions regarding Jihad of the Companions of the Prophet (sws) 
  13 Imbalanced Religious Attitudes
  14.  Intellectual Freedom and Critical Thinking
  15.  Parenting
  16.  Challenges faced by the Youth of Today
  17.  The Mind of a Muslim Militant

I have also conducted several activity-based workshops for adults and sessions on Character Building and Personality Development for teenagers. Topics include:
  1. Charity 
  2. Pride and Arrogance
  3. Remembering God   
  4. Civic Sense 
  5. Kindness to Parents
  6. Gratitude
  7. Forgiveness 
  8. Moral Courage 
  9.  Truthfulness  
  10. Showing Off 
  11. Humility
  12. Sympathy
  13. Sinful Speech
  14. Honesty
  15. Justice

Most lectures are available at:
  http://www.youtube.com/shehzadsaleem / www.facebook.com/profile.php?id=562019607

Have also recorded a 90 lecture series on the history of the Qur’ān that is available at:  https://www.youtube.com/watch?v=4sNWx-SSvc8&list=PL7oYOZNO0kHwDzi9P4UmSremVOVKzku7s

PERSONAL
  An avid tennis player besides being a swimmer, cricketer,  golfer and a chess player.
  Hobbies include reading books on religion, philosophy,  literature and history and writing poetry.
  Born on 18th June, 1966. Married with one son.

Answered by this author