And scholars of Maliki madhhab said:
Shaikh Abd ar-Rahman al-Hattab al-Maliki
“Then Ibn Habib said: “I heard the
scholars saying: If the ruler forbids
fighting for a certain benefit, then it’s
haram to oppose him, but it’s not haram
when the enemy attacks them suddenly.”
Ashhab heard that Malik was asked about
people who went out to the Roman
territory with an army and they need
forage for their horses and a group of
them goes to a village and another goup
to another village in order to feed the
horses without Imams permission. May be
the enemy trapped them into it. If the
enemy sees them they attack suddenly,
fight and kill them or take them prisoners
or may be they escape but if we leave our
horses they die. He said: I think they
should seek Imams permission and I dont
think that they may fight the enemy when
they are not so many and ill-equiped. Malik
was asked that “if the enemy takes over a
shore which belongs to muslims, should
thet fight against the enemy without an
order from the ruler?” He said: “In my
opinion if the ruler is not away from them,
they should ask permission before
fighting them. And if the ruler is far away
from them, then they should not leave the
enemy, and should attack them.” They
mentioned that the ruler is away from
them. Malik said: “So how should they act?
Should they wait until the ruler orders
them to attack?! In my opinion they
should fight them. Ibn Rush said: All this is
as he said: It’s not allowed to them to
fight on their own in order to feed the
horses, what is good for them is thatthey
seek Imams permission if they can. It
should be done if the ruler is rightful
according to the saying of Ibn Wahb via
Zuwnans narration and he is Abd al-Malik
bin Hasan and that fighting enemy
without imams permission is not
permissible, except if they ara suddenly
attacked and they are not able to ask
imam for permission. End of the quote
from Zuwnans narration…In the narration
if Asbagh: I heard Ibn al-Qasim: he was
asked about a group that is in the border
with enemy and if it is permissible for that
group to use advantage to attack the
enemy suddenly without imams
permission and imam is several days away
from them? He said: If they are sure that
this attack can be victorious and if they
are not afraid to endanger themselves,
then I dont see any problem in that. And if
they are afraid that they are not able to
cope with it, then I dislike it for them. Ibn
Rushd said:It’s allowed for them to attack
without imams permission if they are sure
to win because imam is many days away
from them. If imam is with them and if
imam is rightful, then it’s not allowed to
fight without his permission.”
“Mawahib al-Jalil”, 3/349
Muhammad bin Ahmad bin Muhammad
‘Illish al-Maliki (1217-1299 hijra) –
rahimahullah – said in his fatawas:
“from Ibn al-Qasim: If muslims want to
use the advantage against the enemy and
they are afraid that imam would forbid it
if he had known their plans, then they
may go out against the enemy, but in my
opinion it’s better to ask for permission.”
Ibn Habib said: “I heard the scholars
saying that if imam forbids fighting for
some certain benefits, then it’s haram to
oppose him, except if the enemy threaten
them. Ibn Rush said: It’s wajib to obey
imam even if he is unjust in matter where
he doesn’t order to disobey Allah and
from disobediences is forbidding muslims
from fard al-’ayn jihad.”
“Fath Aliyyil-Malik fi al-Fatwa ala
Madhhabil-Imam Malik”, 1/390
Another maliki scholar Muhammad bin
Ja’far al-Kattani said:
“Fuqaha and ulama said: If enemy attacks
a muslim country or gathers it’s army to
the border in order to enter into a muslim
country, then Jihad becomes fardul-ayn
upon its inhabitants and leader. It’s
obligatory upon every old and young,
every free man and slave and even upon
women it they have strenght to combat.
And fighting against the enemy should
not be stop for consultation with imam or
for a permission from Imam, especially if
imam is far away from them.”
an-Nasiha, p: 77
And Abu Abdullah Muhammad al-’Arabi al-
Fasi al-Maliki said:
“Amongst what is cleraly known is that
the reason of attribution of jihad to the
authority is that in most cases the
perfection of jihad can only be achived
with the help of imam, but if it’s possible
to achieve it without him, there is no need
to wait for an imam.”
“al-Mi’yar al-Jadid”, 3/7