Chechen periodical Jihad Today, published undercover in Chechnya, released the material titled «Jihad And Its Solution Today» prepared by the Shariah Council of State Defense Council «Majlis al-Shura» of CRI (Chechen Republic of Ichkeria). This material was forwarded to K.C. via e-mail. K.C. is publishing it with little abridgements.
Even though the issue of Hukma (the Decision) of Jihad today seems to be clear, we often happen to encounter Muslims who ask a question: «Is Jihad in Chechnya mandatory (Fard’Ayn) or voluntary (Fard-Kifayah)?» or even «Is it Jihad going on in Chechnya?»
Therefore, even though we are afraid to seem like pestering too much by repeating the same thing over and over, we would still like to remind some regulations concerning Jihad according to the Word of the Most High:
«And continue to remind, for surely the reminder profits the believers».
(Koran, The Winds that Scatter, 55)
First, what is Jihad?
Hanbali School (one of the four Shariah Scientific Schools, «Madhabs» – K.C.) defined it as spending power and energy in the war in the way of Allah by personal participation, property, word, etc.
Maliki School considers it a war (a battle) of a Muslim with a Kafir (an infidel) who has no treaty, to exalt the Word of Allah, or who trespassed on the territories of Muslims.
Hanbalis say that this is a war against Kafirs (the infidels), unlike an armed fight with the Muslims bordering on being rebels, or brigands or robbers for an example. (Mugni-Muhtaj, vol. 6, page 4).
The missions of Jihad is protection and spreading of Islam and spreading the calling, and protection of Muslims and unbelievers, who are under the jurisdiction of Muslims, from a foreign aggression. The Most High said:
«How should ye not fight for the cause of Allah and of the feeble among men and of the women and the children…»
(Koran, The Women, 75)
After reading this we hope it is clear that the war operations that Muslims are conducting against foreign aggressors in Chechnya are Jihad.
As far as the Hukma of Jihad today goes, it should be reminded that most of the scholars view Jihad as mandatory (i.e. personal obligation for each Muslim) only in three cases:
1. If a Muslim of the full legal age joined the troops in accordance with the words of the Most High:
«O ye who believe! When ye meet an army, hold firm and think of Allah much, that ye may be successful»
(Koran, The Spoils of War, 45)
«O ye who believe! When ye meet the unbelievers in hostile array, never turn your backs to them».
(Koran, The Spoils of War, 45)
2. When the enemy entered a territory, a city or a village where Muslims are living, then everybody is obligated to go to war.
3. When a country’s ruler mobilized some of the men of the full legal age. Ibn Abbas told that the Messenger of Allah (peace be upon him) said: «There is no Hijra from Mecca to Medina after Mecca was taken, but the Jihad and the intention remains, therefore if you get mobilized, then come out». (Fikh al Sunna).
And some scholars add:
4. If Kafirs captured Muslims, they have to be fought with until the captives are released. The words of Almighty Allah are the proof thereof:
«How should ye not fight for the cause of Allah and of the feeble among men and of the women and the children who are crying: Our Lord! Bring us forth from out this town of which the people are oppressors! Oh, give us from thy presence some protecting friend! Oh, give us from Thy presence some defender!»
(Koran, The Women, 75).
Let’s look into the case when Kafirs conquer a Muslim country. In this regard Sheikh Shaheed Abdullah Azzam pointed out:
«…And righteous ancestors, and followers,… and scholars, and commentators of the Koran are unanimous in the opinion that in this case Jihad becomes mandatory for the residents of the country that was attacked by Kafirs and for its closest neighbors. So, son should come out without permission from his father, a wife without permission from her husband, and debtor without permission from his creditor. If there are not enough of these people, i.e. residents and neighbors, or if they show negligence and carelessness or taking no actions to repulse the enemy, then this obligation extends to all Muslims».
Sheikh al-Islam Ibn Taimiya said:
«And as far as defensive war goes, this is the most important type of repulsing the aggressor and defending the people and the religion. It is mandatory by unanimous opinion of the scholars, since the aggressor destroys the religion and after the faith in Allah there is nothing more important than repulsing the enemy, and there are no other conditions for a person (that would exempt him from participation)».
We think that after quoting these examples it will be clear that the Hukma (the Decision) of Jihad for Chechnya and its neighbors today is mandatory (Fard’Ayn). And there are no other interpretations implied here.
As far as the issue of trust or distrust to the Amirs (Commanders) of Jihad in Chechnya goes, we had better refer to the words of Imam Abu Jafar at-Tahawi:
«Hajj and Jihad for Muslim rulers, for the devout as well for the sinners, is carried out until the Day of Judgment, and there is nothing that takes it away or makes them vain». (Al-Akida at-Takawiyya).
We acknowledge that many Amirs and Commanders are not an ideal, just like ordinary Muslims are not, they are often far from the examples of the disciples of the Messenger of Allah (peace be upon him). But the Shariah texts are undeviatingly demanding that the rulers of Muslims in Jihad are obeyed, except when they order to commit a sin.
Ibn Abbas told that Messenger of Allah (peace be upon him) said:
«If someone sees in his Amir something that he hates, let him endure, because verily, whoever dies after distancing from Jamaat even for a span, he dies a Jahili (ignorance) death».
As far as shortcomings and mistakes of the commanders go, we have the obligation to explain and to correct their mistakes in a polite and acceptable form, since the Messenger of Allah (peace be upon him) said:
«Religion is sincerity (sincere wish of kindness, a good advice) concerning Allah, His Book, His Messenger, the leaders of Muslims and all Muslims».
We cannot turn a blind eye to the faults or mistakes of the command, or especially support them in it; we must work hard to make them improve their personal qualities, to extend their Islamic knowledge and to promote the Shariah of Almighty Allah in all areas of our life.
Shariah Council of State Defense Council «Majlis al-Shura» of CRI,
«Jihad Today» Issue No. 7
Department of Correspondence,Kavkaz-Center