DOCUMENT
DEFENCE
OF THE MUSLIM LANDS
The
First Obligation After Iman
CHAPTER
3
Fard
Ayn and Fard Kifaya
Fard
Ayn
It
is the Fard that is a compulsory duty on every single Muslim
to perform like praying and fasting.
Fard
Kifaya
It
is the Fard that if performed by some, the obligation falls
from the rest. The meaning of Fard Kifaya, is that if there
are not enough people that respond to it, then all the people
are in sin. If sufficient amount of people respond, the obligation
falls from the rest. The call for it in the beginning is like
the call for establishing a Fard Ayn, but it differs in that
a Fard Kifaya is absolved by the performance of some of the
people. But a Fard Ayn is not absolved by any number of people
performing it.- That is why Fakhr ar Razi defmed Fard Kifaya
as the obligation that is carried out without looking to the
souls of the ones who perform it.
Shaffie
said: "A Fard Kifaya is a command directed towards everyone
seeking only a response from some". - The definition agreed
upon by the majority of scholars, of them Ibn Hajib, al Amdi
and Ibn Abdu Shakur, state that Fard Kifaya is obligatory upon
everyone, but is absolved upon the performance of some. People
are now arguing about the jihad ruling, and they consider it
is Fard Kifaya, that means it is obligatory upon everyone, but
is absolved when some perform it. According to this opinion,
the Fard of jihad in Afghanistan is, Fard Kifaya. Rather, it
is obligatory upon all Muslims on the earth until the completion
of this Fard, which is the expulsion of the Russians and communists
from Afghanistan. The sin is suspended on the necks of all the
people until the expulsion of all the communists is complete.
Because the Fard, or obligation, in the condition of an attack
by the Kuffar is: the expulsion of the Kuffar from the Muslim
land.
Some
people from far away say, "jihad in Afghanistan needs money
and not men". This talk is bare of truth, because the interval
of approximately six years of Russian aggression against Afghanistan,
the migration of 5 million to the outside, and 7 million refugees
inside, scattered in mountains and in the wilderness, is enough
to answer this claim.
As
Sayyaf said: "Fourteen countries, the fIrst of them the
Soviet Union, followed by the Warsaw Pact and the international
communists, are unified in their attack against us. While the
Muslims in the Muslim world are still arguing: 'Is jihad in
Afghanistan Fard Ayn of Fard Kifaya?' So let the Muslims wait
until the last man becomes Shaheed, then they will believe that
jihad is Fard Ayn, while it is known that up to now there have
already been nearly one and a half million Shuhada."
The
Afghani people say: "The presence of one Arab among us
is more loved by us than one million dollars."
The
scholar Sayyaf said in a call to the Ulama and Da'i in Jihad
Magazine, ninth issue. We quote:
All
praise be to Allah and may peace and blessings be upon the Messenger
of Allah, upon his family, companions and whoever is guided
by his guidance. And what follows:
You
are aware that jihad in Afghanistan, began and still continues
to raise the words of Allah, and to establish a state founded
on the Qur'an. To realise this objective we need mujahideen
who properly understand Islam and who can safeguard the principles
of true Islamic jihad, therefore we need Da'i and Ulama, to
continually teach and instruct. You should know that there have
already been many tutors and scholars martyred in the fields
of jihad in Afghanistan. That is why we are in a great need
of men who are capable of teaching, tutoring and directing in
mujahideen schools, training camps, refugee camps and battle
fronts until Allah the Exalted helps us to bring about our expected
aims. We need scholars and tutors more than any other professionals
or specialists. May Allah assist us and you in serving Islam
and the Muslims.
Your
Brother
Abdur
Rabbir Rassool Sayyaf
Baktiya
Jaji,
3rd
Shawwal140S A.H.
Permission
From Parents. Husband and Creditor
The need for permission is related to the status of the enemy:
1)
If the enemy is inside his country, he is not gathering around
borders, there is no effect on the Muslim country, and borders
are full of soldiers, then jihad in such a situation is only
Fard Kifaya, and pennission is required. This is because obedience
to parents and husband is Fard Ayn and jihad in this instance
is Fard Kifaya. Fard Ayn is advanced over Fard Kifaya.
2)
If the enemy attack a Muslim border or enter any Islamic land,
then as we mentioned before, jihad becomes Fard Ayn upon the
entire population of the country and all around it. In this
situation pennission is not required. There is no pennission
for anyone from the other, even the child goes out without the
pennission of his parents, the wife without the pennission of
her husband, and the debtor without the pennission ofhis creditor.
The
situation of the pennission from parents and husband not being
required is sustained until the enemy is expelled from the Muslim
land, or when there is the accumulation of sufficient numbers
to expel the enemy even if all the Muslims in the earth are
assembled.
Jihad,
when it is Fard Ayn, takes precedence over the obedience to
parents, which is also Fard Ayn. Because, jihad is the protection
of the religion, and obedience to parents, is caring for the
individual. That is, jihad (with the parents grief and distress
it may entail) is protection of the religion which has priority
over the protection of the individual. Moreover, Jihad itself
is the destruction of the mujahid's self if he is martyred.
In which case the protection of the religion is assured. While
it is not certain that one's parents would be distressed. The
certain takes precedence over the uncertain.
An
Example of Fard Ayn and Fard Kifaya
For
instance, some people are walking along the sea shore and amongst
them is a group of good swimmers. They see a child about to
drown. It shouts "save me!", and nobody moves towards
him. One of the swimmers wants to move to save him but his father
forbids him. Can any scholar in this day and time say that he
must obey his father and let the child drown?
This
is the example of Afghanistan today. She is crying out for help,
her children are being slaughtered, her women are being raped,
the innocent are killed and their corpses scattered, and when
sincere young men want to move to save and assist them they
are criticised and blamed: "how could you leave without
your parents' permission?"
Saving
the drowning child is Fard on all the swimmers who witness him.
Before anyone moves there is a call for all to save him. If
someone moves to save him, the sin falls from the rest. But,
if no one moves, all the swimmers are in sin.
No
permission is required before anyone moves, even if the parents
forbid the son to save the drowner, they must not be obeyed.
Because, the call in the beginning for a Fard Kifaya is the
same as the call for a Fard Ayn. The difference emerges only
after. If some answer the call, then the sin falls from the
rest. If none respond, all are in sin.
Ibn
Taymia said: "If the enemy attacks, there is no room for
argument. In fact DEFENCE of their onslaught on religion, lives
and all things held dear is obligatory as agreed upon by all"-.
The evidence for the permission from parents in Fard kifaya
and the absence of permission in Fard Ayn is taken from the
reconciliation of two hadith:
1)
A hadith reported by Bukhari. Abdullah Ibn Amr Ibn al Aas (ra)
said: " A man came to the Prophet (saw) asking his permission
for jihad. He (saw) asked, "are your parents alive?".
He answered, "yes". He (saw) said, "in them is
your jihad".
2)
Ibn Haban narrated from Abdullah Ibn Amr (ra): " A man
came to the Prophet (saw) and asked him about the best deed.
He (saw) said, "the prayer". He asked, "and what?".
He (saw) said, "jihad". He said, "I have two
parents". The Prophet (saw) said, "I order you good
by them". The man said, "by the One who sent you with
the truth I will fight jihad and leave them". He (saw)
said, "you know best". Al Hafiz said: "It is
understood that here jihad was Fard Ayn in order to reconcile
the two (hadith)."
Permission
From the Sheikh and Tutor
There
is no narration that we know of from any of the earlier scholars
or predecessors saying that the sheikh or tutor has the right
to give permission to his pupil for acts of worship, whether
they are Fard Kifaya or Fard Ayn. Whoever says otherwise, let
him bring forward an item from the Shariah or a clear evidence.
Every Muslim must set out for jihad without asking permission
from his sheikh or tutor. The permission from the Lord of the
Worlds takes precedence, and He has already given permission.
More than that, He has obligated it.
Ibn
Hubayra said: "Of the plots of the Shaytaan is to raise
false gods in misinterpretations to make idols worshipped besides
Allah. When the truth is made evident he suggests: "This
is not the practice of our Mathhab." Thus, remaining loyal
to one he esteems and preferring him to the truth.
If
this pupil wants to study engineering, medicine or history in
a western country or in America, where the Fitnah is like a
black night, where temptation crashes around him like waves
and the oceans of aflamed desires are astir. I say, if this
pupil leaves without the permission of his sheikh, he or any
others would not be angered. But if he goes out for Ribatt or
jihad, you find the tongues directed towards him from every
side saying: "How can he go without permission?" The
sheikh failed to recall the noble words of the Prophet (saw):
"One night of guard duty in the cause of Allah the Exalted
is better than a thousand nights stood in prayer and days of
fasting. "- In sahih Muslim: "Ribatt one day and one
night is better than a month of fasting and praying. If he dies,
his works continue on after him, his sustenance is provided
for, and he is safe from the Fittan." And: "A march
by morning in the cause of Allah, or an afternoon march, is
better than the world and what is in it." Agreed upon.
It
is upon the sheikh and his pupil to rush towards deeds and hasten
towards good, and not to let the advice of the Messenger of
Allah (saw) escape them: "Take opportunity of five before
five:
1) Your life before your death
2) Your health before your sickness
3) Your spare time before you are occupied
4) Your youth before your old age and
5) Your wealth before your poverty."
It
is also upon them to pay close attention to the sahih hadith:
"To stand one hour in the battle line in the cause of Allah
is better than sixty years of night prayer." Reported by
Ahmad, al Hakim and ad Darami.
Ash
Shaffie said: "The Muslims are agreed that if a sunnah
of the Prophet is made clear to you, it is not permitted to
leave it upon the saying of anyone."
Jihad
With One's Wealth
There
is no doubt that jihad by one's person is superior to jihad
by one's wealth. Consequently, the rich in the time of the Prophet
(saw), were not excused from participating with their persons,
such as Uthman and Abdur Rahman Ibn Auf (ra). Because, the purification
of the soul and the evolution of the spirit, is lifted to great
heights in the midst of the battle. That is why the Prophet
(saw) advised one of his companions in these words: "...hold
to jihad, because it is the monasticism of Islam." Hadith
sahih reported by Abroad. That is why, when the Prophet (saw)
was asked: "is a person put on trial in his grave?"
He said, "the flashing of swords above his heads is sufficient
trial for him." Hadith sahih, reported by Nasa'i.
Furthermore,
the Prophet (saw) warned about being preoccupied with the world
away from jihad. He once pointed to a plough and said: "It
does not enter a people's homestead except that Allah enters
humiliation with it".
Reported by Bukhari in his sahih. Also, in sahih hadith: "If you
practised Tabaiya al Ainiya (i.e. selling goods to a person
for a certain price and then buying them back from him for a
far lesser price), followed the tails of cows, satisfied yourselves
with agriculture, and abandoned jihad, Allah will cover you
with humiliation and will not remove it until you return to
your religion."
Reported by Abu Daud. Similarly, in the sahih hadith: "Do not take
Day'at , it will make you satisfied with the life of this world.
"- Reported by at Tirmithi. Day'at is real estate or craft.
In this hadith the Messenger of Allah (saw) has listed the distractions
of the world and the sources of preoccupation: agriculture,
trading with interest and the con of AI Ainiya, animal farming,
industry and craft (Day'at). To be preoccupied with these, in
the time when Islam is being subjected to confrontation in the
battle field, verging on eradication, is considered Harram and
a tremendous sin according to the Shariah.
The
jihad by one's wealth is obligatory if the mujahideen are in
need of it, Fard upon women and children's wealth, even if jihad
is Fard Kifaya, as decided by Ibn Taymia. That is why it is
forbidden upon the people to make savings in the time of need.
Ibn Taymia was asked the question: "we have only sufficient
money to feed the starving, or to fund the jihad, which would
otherwise suffer?" He answered, "We give priority
to the jihad, even if the starving must lose their lives. As
in the case of the human shield, in which they are inadvertently
killed by our hands, here they die by Allah's action."
AI Qurtubi said: "The scholars are in agreement that if any need
befalls the Muslims, after they have paid out the Zakat, they
are required to spend from their own resources to take care
of that need". Malik said: "It is obligatory upon
the people to pay the ransom on those taken hostage from among
them, even if it exhausts their wealth. This too is agreed upon."
The protection of the religion takes precedence over the protection
of individuals, the protection of individuals takes precedence
over the protection of wealth. Therefore the wealth of the rich
is not more valuable than the blood of mujahideen. Let the rich
beware and take heed of the law of Allah concerning their wealth,
while jihad is in great need of that wealth, as is the religion
of the Muslims and their countries which are on the brink of
disappearance. The rich are drowning in their desires yet, if
they could just abstain for one day from their desires, and
hold back their hands from wasting money on trivialities, and
instead direct it to mujahideen in Afghanistan, whose feet are
lacerated by the ice and who are dying from the cold. They find
no food for their day nor any ammunition with which to defend
their blood.
I
say, if the rich were to direct what they waste in one day to
the Afghani mujahideen, their money, by the permission of Allah,
would help to cause a great leap forward towards victory .The
major scholars, the foremost among them, the Honourable Sheikh
Abdul Aziz Bin Bazz, have passed a Fatwa which declares that
directing the Zakat to the Afghani mujahideen is of the finest
deeds and the best charity.
Summary
Jihad
by your person is Fard Ayn upon every Muslim in the earth.
No permission
for one from another for jihad and no permission from the parents
for the child.
Jihad
by your wealth is Fard Ayn and it is Harram to make savings
while the jihad is in need of the Muslim's money.
Neglecting
the jihad is like abandoning fasting and praying, more than
that, neglecting the jihad is worse in these days. We quote
from Ibn Rushd: "It is agreed that when jihad becomes Fard
Ayn it takes precedence over the Fard of Hajj."
Go
to:
Table
of contents
Biography
of Abdullah Azzam and Introduction
Chapter
1
Defence of the Muslims Lands
Chapter
2
The Ruling of Fighting in Palestine and Afghanistan
Chapter
3
Fard Ayn and Fard Kifaya --- this
page
Chapter
4
Important questions
Final
Word
Letters
of Acknowledgement and Translators Note