When conducting jihad, specific guidelines have been established by the Shariah. These guidelines ensure that jihad is carried out with justice and honor. Furthermore, these guidelines guarantee that the struggle aligns with the Shariah and core themes of Islam remain at the center. Keeping this in mind, this blog will provide a detailed explanation of the various obligations and rules governing jihad.
Rules For Conducting Jihad
The rules of jihad outlined in Islamic law ensure that jihad is carried out with moral and ethical guidelines at the forefront. These regulations are there to ensure that any engagement in jihad is conducted with moral integrity, prioritizing peace, justice, and the protection of human life and the environment. Below are some of these rules:
- Protecting the lives of the captives and treating them with humanity.
- Protecting the environment by ensuring that no animals are killed. Apart from animals, it is also prohibited to cut trees, destroy harvests, pollute rivers or wells, and demolish houses.
- Protecting religious freedom for worshippers in their homes or churches.
- Attacking and killing people by surprise is also not allowed.
Abu Huraira narrated that the Prophet said, “Faith provides an assurance against being killed unexpectedly. A true believer does not take the life of another without awareness.”
- The enemy has to be among those whom the Muslims are allowed to fight. Fighting with an enemy with whom the Muslims have a truce is not permissible.
- It is not allowed to attack the enemy under the cover of night because it violates the pact of security between the Muslims and the enemy.
- Using human shields is prohibited except in situations of war, as outlined by jurists under specific conditions.
- The purpose of jihad should neither be personal nor aimed towards any private gains.
- The fighting should only be against warriors and armed individuals, not against defenseless civilians. Neither should fighting be done against people who are unarmed or not trained to engage in combat.
- Harming or killing both women and children is not allowed.
Ibn ‘Umar narrates that a woman was discovered dead in one of these battles, prompting the Messenger of Allah (PBUH) to prohibit the killing of women and children.
Ibn `Umar reports that during some of the battles of the Messenger of Allah (PBUH), a woman was discovered to have been killed. Consequently, the Messenger of Allah (PBUH) prohibited the killing of women and children.
Both Bukhari and Muslim state the narrations of Umar RA in which the Prophet Muhammad PBUH forbade killing women and children.
On this matter, Imam al-Nawawi said, ‘There is scholarly consensus on putting this hadith into practice as long as the women and children don’t fight the Muslims. But if they do fight, the majority of scholars have the opinion that it is permissible to kill them.
Upon whom is jihad obligatory?
Ibn Qudaamah (may Allah have mercy on him) said,
For jihad to become an obligation on an individual, seven conditions must be met. These conditions are
- The person going for jihad needs to be a Muslim.
- The person should be an adult.
- He should have a sound mind.
- He should be free.
- He should be a male (jihad is not obligatory on women, except in some instances).
- He should be physically fit for participating in jihad.
- He should have enough money.
Who Can Call For Jihad?
The principle of jihad is that it can only be initiated with the permission and approval of a Muslim leader. Jihad must be conducted under the authority of the Muslim leader. The decision to declare war must stem from the ruler’s judgment, and his subjects must follow his orders. A ruler is empowered to declare war because of his understanding of both obvious and hidden circumstances, the possible outcomes of actions, and the best interests of his people.
Therefore, as soon as a ruler takes office, he has the authority to declare war and enter into domestic or international treaties. His decisions should not be based on personal desires. The ruler does so by consulting all the specialists in their respective fields.
Is Permission Needed For Jihad?
Permission From The Parents
Although participating in jihad is one of the best actions, so is honoring the wishes of parents. Therefore, if somebody wants to participate in jihad, asking the parents for their permission is crucial. If they permit them, then they can go for jihad, but if they don’t give their permission, they must respect their decision.
The basis for this is found in the following hadith:
It was reported that ‘Abdullah bin Mas’ud inquired of the Messenger of Allah (PBUH), “Which action is the most beloved to Allah?” The Messenger replied, “Performing prayers punctually, honoring one’s parents, and engaging in Jihad for the sake of Allah.”
Another hadith narrated by Abdullah Bin Umar RA states that,
A man approached the Messenger of Allah (PBUH) seeking permission to participate in Jihad. The Messenger of Allah (PBUH) inquired, “Are your parents still alive?” When the man answered, “Yes,” the Messenger of Allah (PBUH) replied, “Then your jihad is with them, meaning by taking care of them and serving them.”
It is worth noting that these hadiths point to situations where jihad is not an individual obligation. If jihad becomes obligatory individually, and a person avoids it, then he is committing a sin and exposing himself to the wrath and punishment of Allah SWT.
One thing to keep in mind is that this permission of parents is applicable in cases where jihad is not an individual obligation. If it has become an individual obligation, then seeking permission is not required, not even from one’s parents.
Permission From The Ruler
Before going to jihad, it is necessary to obtain the permission of the ruler. If the ruler doesn’t give the go-ahead, then one isn’t allowed to participate in jihad.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said:
It is not allowed for an army to go on a campaign without the permission of their ruler. It doesn’t matter what the situation is. This is because the command of fighting and engaging in jihad is addressed to the rulers and not the individuals. The reason why nobody is allowed to fight without the permission of the ruler is that jihad is the responsibility of the ruler. When one fights without his permission, he is transgressing against his rights. If it were allowed, then that would lead to chaos and destruction.
Abu Sa’id al-Khudri reported that the Messenger of God said, “When three people are traveling together, they should choose one of them to be their leader.” This was transmitted by Abu Dawud.
The fact that appointing a person in charge when traveling is an obligation indicates that it is necessary in all kinds of groups.
The Exception
Although a person must obtain the ruler’s permission, there is an exception to this rule.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said:
It is permissible to fight without permission when one wants to defend himself. If the enemy suddenly attacks them and they are afraid of him, then they may defend themselves because, in this case, fighting becomes an individual obligation.