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Jihad And Immediate Implementation Of Shariah

27 March 2016

By Sheikh Hamid Kamaluddin (H.A)

Translated by: Anwar

There are some places of the Muslim world where the current jihad is not in a position to immediately implement Islamic Shariah after defeating the Kuffar. To this, some of our sincere Muslim groups raise the question that even if you succeed in this conflict, we do not see an ''Islamic system'' coming. And in such a case would it even be right to call it ‘jihad' or even allowed in Islam to give blood for it?

While there is no doubt that the establishment of the Islamic Shariah is the one of the very fundamental obligations of Muslim societies. This fact is also beyond doubt that ''A'la-e-Kalimutullah'' (raising the word of Allah) in it's true and deep meaning is to implement and execute each and every command of Allah S.W.T and without it, the situation of no country can be referred to with ''wayakoon aldeen kulluhu lillah'' (and all religion belongs Allah alone.)

Beyond any doubt, the idea of Muslim societies without Shariah has never even been imagined in our entire history ever. Even in the worst of conditions the implementation of Shariah was never a doubtful matter in the eyes of Muslims. So consequently, if such questions are coming into the minds of our youth today and they attach the idea of ‘jihad' with the ‘implementation of Shariah' then it is only natural.

However, there are some particular aspects from the perspective of Shariah which cannot be ignored in a situation like today which is extraordinary or rather abnormal. Because today, the protection of Muslim honour and welfare or a similar situation in itself demands the cause of Qitaal (fighting). For example there are many Muslim dominated areas throughout the globe where the Infidels who have held a grudge against Islam for thousands of years step up to violate the honor o Muslims and start massacring the helpless masses merely due to their malice and grudge with the religion of Allah. So at this point, are we going to bury ourselves in deep calculations of possibility of Shariah. Even after we succeed in causing deep and painful wound to the Kafir, we find the possibility of establishment Shariah problematic and unlikely. So in such a scenario, shall we be arguing ''why should it even be allowed to take a jihadi step? Even though the prospects of establishing Shariah it is not even remotely possible?'' therefore we shall we say to ourselves and other Muslims ''why don't we just let happen whatever is happening to the helpless Muslims of these areas.'' Because obviously in this line of thinking it is prohibited for us to take a jihadi step ‘according to Shariah'. Or if you remember, when the savages of Serbia were let loose on our Muslim brothers in Bosnia, the situation at that time was also demanding a quick reaction to the situation stated above. And there are many examples like this. Can we afford such calculations at the cost of the life and honor of our Muslim brothers even though the blood of a Muslim is worth more than the Ka'aba according to the hadith?

Some people create another confusion about this matter with regards to a particular Hadith. This hadith is 1421 from Sunan At-Tirmidhi.

عَنْ سَعِيدِ بْنِ زَيْدٍ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ وَمَنْ قُتِلَ دُونَ دِينِهِ فَهُوَ شَهِيدٌ وَمَنْ قُتِلَ دُونَ دَمِهِ فَهُوَ شَهِيدٌ وَمَنْ قُتِلَ دُونَ أَهْلِهِ فَهُوَ شَهِيدٌ

Sa'eed ibn Zaid reported: I heard the Messenger of Allah, peace and blessings be upon him, say, ''Whoever is killed protecting his wealth is a martyr, and whoever is killed protecting his religion is a martyr, and whoever is killed protecting his life is a martyr, and whoever is killed protecting his family is a martyr.''

These people equate this very clear jihadi conflict with the normal situation mentioned in the hadith to the extent that they are not ready to give it due credit by calling it ‘Jihad-e-Hurriyyat' or ‘jihad for freedom' to most or all of the current jihad happenings today.

As far as it is concerned, a situation like ''who ever is killed while protecting his wealth'', such a situation can occur even when the person being fought is a Muslim. This is why we see that this hadith not been quoted in any books of hadith under the subject of ‘jihad'. In fact Imam Bukhari quotes it in the book of Oppression, in Muslim it is in the book of Eeman (Faith), in Tirmidhi it is in the book of Blood Money, in Abu Dawud Book of Sunnah, in Nisai the prohibition of bloodshed and in Ibn Majaa the book of legal punishments. We do not know of any muhaddith who has brought this hadith under the chapter of ‘jihad'. So even after we know that this hadith allows a person to defend his land, his life, his wealth, his honor and his nation and also allows him to fight for it and gives him the reward of martyrdom if he is killed for it. Even then the jihad of our mighty Mujahideen, which they have been ongoing in the regions of Afghanistan and others, this jihad holds a much higher stature than the ‘protection of life and wealth'.

Of course in a situation where the reason of conflict is simply due to someone starting to grow a liking for one's property or wealth or he has laid his hands on the honor and dignity of a Muslim to fulfill his human or rather inhumane desires regardless of the fact if this person is a Muslim or a Kafir then in this scenario one's fighting will be considered under the category of ''protection of wealth, life and honor''. But consider a scenario where the problem actually lies in disliking of one's Religion. This situation is not just limited to life, wealth and honor only but this is where the issue has risen beyond the discussion of ‘life and wealth' and is now an issue of ''Islamic Interests'' and it is directly associated with the ''War between Kufr and Islam'', for which the established term in the terminology of our Shariah is ''Fee Sabeelillah.

For example, take another scenario where the grudgeful Serbs of Serbia are taking out their 5 centuries old anger. An entire debt worth of 500 years is going to be directed against our innocent daughters of Bosnia. In this situation it is clearly a matter of hatred for our Religion. This war is a continuance of a very old conflict in which we had the better position for a very long time (our caliphate was present and our Shariah was established). Today we are not in a position to completely restore that entire scenario of Islam or even after defeating the Kafir in Bosnia or Kosovo we are not capable of establishing the Shariah. Or you can even say that these daughters of Bosnia themselves are not very practicing of Shariah at the moment and the problem (with regards to following Shariah) demands a lengthy educational/reformist process because the communist reign had ruined all the features of this society. Therefore even if the standard of ‘practicing Shariah' is not applicable in Bosnia or Kosovo, the war of the Bosnian people with the crusaders and their brutalities are directly associated with hatred for our religion. A religion which has a very comprehensive background as well as a future in this region with regards to the ‘conflict between civilizations'. It has an undeniable past to it as well as a very examinable future in the Islamic renaissance.

So here this conflict is directly associated with the very same Jihad Fee Sabeelillah which is done to raise the banner of Allah high and subdue the word of the disbelievers on this earth. We could say that the ‘establishment of Shariah'' is the peak of this process but because of some extraordinary and abnormal circumstances there can be some desperate situations and steep turns down this road. And ‘roadmaps for Shariah' will not be demanded from the Mujahideen groups where we come across such situations.

Hence wherever the issue is purely of hatred of the Deen of Islam and all places where helpless and ill-equipped Muslim societies are paying the price for merely being ‘Muslims' and due to this specific ‘crime' are being ripped apart by the crusaders, in all these places lies the clear and deep meaning of the war between Kufr and Islam; not a normal meaning of ‘protection of wealth'.

Do we not realize that if today we leave these helpless Muslims to fend for themselves in such miserable circumstances whilst the Kuffar enjoy toying with their honor and dignity, then what kind of humiliation is this for the Deen of Muhammad S.A.W and what boastful meaning lies in it for the enemies of Islam? And not just this, so many of these feeble and weak Muslim societies are very likely to start walking towards the path of apostasy as a result of this as their children begin seeking safety in displaying the symbols of Kufr. So how did this issue remain confined to ''protection of wealth''. Over here we have a civilization being eliminated completely (with regards to a specific region) and another civilization laying the foundations of its grandeur on top of it. Therefore this clearly is the protection of one's ‘religion' before life and wealth. In fact these very things being discussed here i.e. the wealth, life and honor, demand the question ''why are they being taken in the first place?'' These most despicable of creatures who are bent upon taking the life of these helpless Muslims are doing so because they are Muslims. And these savages desperately want to violate the honor of this girl for no other reason but due to the fact this is honor being snatched in that of a Muslimah. Consequently this life, this wealth and this honor is no longer of humans but in this scenario it is the life and honor of ''Islam''. And what meaning does ''protection of wealth and life'' carry where when the honor of Islam is at stake?

In reality the people who do not accept this conflict as war of freedom and are not even ready to listen to the reference of Jihad Fee Sabeelillah, many such individuals are not aware of the terms like ''Qitaal e dafa'' and ''Qitaal e Nukayah'' in Islamic Jurisprudence. In their minds if a certain Qitaal (fighting) does not immediately lead to an Islamic system then it is a Qitaal of Jahilliyah (ignorance) and if somehow attempts are made to include such a war within Shariah then it can only by done under the ''protection of wealth'' hadith. Although in the case of this hadith, the matter is very individualistic i.e. it does not have anything to do with the benefit of Islam, the dignity of Islam or the future of Islam and Muslims. Whereas in the current jihad, we see that the situation is entirely different. Take into consideration a certain region, where a war between the Deen of Muhammad S.A.W. and the Deen of Polytheists has taken countless turns over a period of a thousand years and is probably going to take some very steep turns in the future as well. Every leaf and stone of this region could be very relevant to this conflict in these circumstances let alone just the honor and lives of the people of this region. Therefore it is not right that we only take on aspect of a process into consideration despite the fact that it could be very sacred and important (like the clear establishment of the Islamic System) and completely ignore the other factors in the equation. Things are sometimes associated with their short-term consequences and in other times their long term goals and the principle explained to us by the fuqaha ''al umooru bi maqasiduha'' (things are judged with their goals) applies in both situations.

With regards to the future of Islam and its protection there is another factor which must be understood. When we talk about the scientific factors with regards to domination of civilizations over one another, a very important factor we come across is ‘demography'. We might see the current situation of our Muslim societies as extremely worrying but the west refers to it as the ‘Muslim Demographic Bomb'. This is in fact a huge potential to our benefit due to which we are able to shift the global balance in our favor. Therefore saving Muslim societies present at the moment from going into the hands of Kuffar and also any natural, mineral or human resources present in them or more broadly each and every thing present in them, or not letting any of these turn into a source of benefit for the enemy or from keeping them from falling into a worse condition if they cannot possibly be used for the betterment of Muslims, these are all the long-term interests of Islam. And these are very crucial factors in the war of civilizations since this war is not a year or two old, but a war which has been going on for centuries. If one has to fight in close combat with the Kuffar for the protection of these long-term interests of Islam, or if one is in a position of rescuing these resources from the jaws of Kuffar then certainly it comes under the category of Jihad. Because what is jihad but to subdue the Ntion of the disbelief and raise high the Nation of Islam. Needless to explain, some aspects of this process will cause immediate results while others will carry long lasting benefits.

If a picture is too large and the situation very much out of control, one can certainly draw some parts of it. This obviously is not a game of a decade or two but there is going to be ups and downs in this conflict and can take generations and centuries. Just as some parts of this picture appear, along with it we will also begin seeing the beautiful markings appearing before us while a totally different people, a totally different generation may exert even more efforts on it than those who started the drawing. But due to limited vision and lack of insight many people only see a certain part of the picture being drawn and they cannot help but say ‘Oh no, we should be seeing something already'. How can a large picture be created if the small parts are not drawn?

It becomes a little unfathomable for the common man when he sees that if a situation is not turning to our favor, we are also not letting it benefit the Kuffar. Or if a very strategic asset which is not currently benefiting us, is also not being let by us be pushed to a worse situation. Or even if we cannot help that we are not letting it worsen as much as the Kuffar want. And certainly even to achieve this little result, we are exerting an enormous amount of effort. A shallow mind in this scenario could very well become restless and unsatisfied especially when he cannot imagine any lesser reference than Muhammad Bin Qasim, Mahmud Ghaznavi and Tariq Bin Zaid for the success of a Jihadi process in his region.

We should certainly not forget that we are waking up from a deep and old slumber. In fact, majority of us are still bent upon sleeping. Standing up on our own feet after 200-year-old oppression of the colonial masters and reviving our historical standing as a nation is no small challenge. There are huge mountains of disbelief before us which we shall bypass at some places, find a tunnel through at some points and some we will shall blow to smithereens with dynamite; we shall wage war at some places and wait at others; we shall ambush like fearless lions while at some places we will consider it beneficial to merely save our existence. Hence we would be adapting to different positions, forcing us underground in some scenarios while in others forcing us to the mountains. Where one group cannot suffice, another could also be stepping in. This is an area where a very high standard of foresight and understanding of matters is required.

Because of not understanding many of these perspectives of Shariah and especially because of ignorance regarding long term goals, we have to hear sarcasm and mockery by even some very religious individuals. We have heard many fiery orators and faith-improving speakers say while discussing the clothing of the women of Bosnia and Kosovo ''See, look at the condition of their Deen and you're want to set off for jihad there!''. The areas of Palestine which have annexed as part of Israel for the last 70 years have gone through a horrible brain washing process. If these Muslims come out on the streets then these protests hold an enormous level of importance for the jihadi process. The fact of the matter is, no one really knows the amount of effort taken to bring the Muslims of these societies to the streets. The same applies if we are successful in bringing out the populations on streets but our shallow speakers cannot glance beyond the ‘jeans' of the girls and boys of these regions and in a blink of an eye, the jihad of Palestine is thrown into the bin. As if it is virtually impossible to find any deeper and more important problems in our religion. Also on these exact same lines the Islamic interests demand that entire Muslim societies come out in protest on the issue of blasphemy and the honor of our Prophet S.A.W and this issue does not remain confined to a small circle of people with an ''Islamic appearance'' rather the entire Muslim street should start furious on it and the entire nation should be shaking the ground beneath them. However we have seen some of our religious figures humiliating the people and telling them that they shave off the Sunnah of the Prophet and now they are outside shouting his name on the road. This is no way of showing ''honor for Islam'' nor it is a way to correct the people. This cannot be called anything but shallowness and short-sightedness. Nothing has destroyed the long-term interests of Islam more than such a mindset.
 

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