Defence of the Muslim Lands: Fard Ayn and Fard Kifaya
It is the Fard that is a compulsory duty on every single Muslim to perform like praying and fasting.
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.
Abdur Rabbir Rassool Sayyaf
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:
- Your life before your death
- Your health before your sickness
- Your spare time before you are occupied
- Your youth before your old age and
- 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.
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."