Shaykh Abu Waleed Al Maqdisi RA said:
ﺫﻛﺮ ﻛﺜﻴﺮ ﻣﻦ ﺃﻫﻞ ﺍﻟﻌﻠﻢ ﺷﺮﻭﻁ ﺍﻟﺠﻬﺎﺩ ﻓﻲ ﺳﺒﻴﻞ
ﺍﻟﻠﻪ ﻭﻟﻢ ﻳﺬﻛﺮﻭﺍ ﺫﻟﻚ ﺍﻟﺸﺮﻁ، ﻭﻟﻢ ﻳﺸﺘﺮﻃﻪ ﺇﻻ
ﻋﻠﻤﺎﺀ ﺍﻟﺴﻠﻄﺎﻥ، ﺍﻟﺬﻳﻦ ﻳﺮﻳﺪﻭﻥ ﺑﻪ ﻣﻨﻊ ﺍﻟﺠﻬﺎﺩ
Many of the Ulaama have stated the
condtions of Jihad in the path of Allah and
non of them have stated this condition (a
leader), except the government scholars
who want to prevent jihad.
And indeed as the shaykh stated it is only
these deviants who add this condition to
Jihad in their efforts to please the rulers
and the kuffar and to prevent the Muslims
from fighting Jihad to raise the banner of
Islam high throughout the world.
The fact that there is no such condition in
the Quran, Sunnah or books of the Salaf is
in itself enough of a refutation of this
misconception, however in order to
demolish it there follows some statements
of the ulaama of Islam which shows that
an Imam is not a condition for Jihad:
al-Qurtubi said:
“A group of scholars allowed to fight a
duel with enemy and they did not
stipulate it weather with the permission
of Imam or without his permission. It’s
opinion.of Malik. Malik was asked about a
man who stood between two troops (i.e.
between muslims and enemies) and asked
(the enemy): “Who wants to fight?” Malik
said: “it depends on his intention, if he
intends with it to please Allah, then I hope
there is nothing wrong! People did it
before” Shafi’ said: “There is nothing
wrong with fighting a duel.” Ibn al-
Mundhir said: “Fighting a duel with
permission of imam is good, but there is
no sin upon one who does it without his
permission! It’s not makruh, because I do
not know any narration forbidding it!”
“Jami li Ahkam al-Quran”, 4/249
Muassasa ar-Risala
And Abd ar-Rahman al-Hattab al-Maliki
said:
“Abdullah bin Wahb was asked about a
group which attacks the enemy, is it
permissible to fight a duel without
permission of Imam? He said: “If imam is
present there, it’s not allowed for him to
fight a duel, but with his permission and if
he is not rightful (i.e. fasiq) , let him fight a
duel and they all may fight against the
enemy without his permission.” I (Zuwnan
Abdulmalik bin Hasan) said to him:
“Mubarazah (fighting a duel) and qital
(fighting) has the same ruling according
to you?” he said: “Yes!” Ibn Rush said: it’s
as he said: If Imam is not rightful, then
neither for dueling, nor fighting his
permission is not neccessary for them,
because he would have forbidden them to
attack and it should be examined in his
case because he is not rightful in his
affairs. But he should be obeyed in any
way. Because there is difference between
“being rightfull” and “being unfair” when
it concerns “permission”. There is not
such difference in obedience when he
orders sth or forbids sth, because
obedience to imam is from the obligations
of battle and it’s wajib upon people to
obey Imam in everything that he likes or
dislikes and even if he is not rightfull he
should be obeyed in matters which is not
disobedience to Allah…”
“Mawahib al-Jalil”, 3/349
Scholars of Shafi madhhab say that it’s
makruh without imams permission and
it’s about the aggressive type of jihad, not
when muslims are attacked.
Imam Nawawi said:
ﻳﻜﺮﻩ ﻏﺰﻭ ﺑﻐﻴﺮ ﺇﺫﻥ ﺍﻹﻣﺎﻡ ﺃﻭ ﻧﺎﺋﺒﻪ
“Fighting without permission from Imam
and his deputy is makruh!”
“Minhaj at-Talibin”, Kitab as-Siyar, pg: 519
And great scholar of Shafi madhhab
Khatib al-Shirbini in his commentary on
Imam Nawawi’s “Minhaj at-Talibin” said
about these words:
“Fighting without permission from Imam
and his deputy is makruh!”
Because his status should be respected
and because he is more knowledgable
than others in matters of jihad. But it’s not
haram (to fight without his permission),
because there is nothing more than
exposing yourself to danger and it’s
permissable in Jihad.
It should be – as al-Adhrai’ said – limited
only for volunteers. As for a professional
army (those who are payed for their
service) it’s not allowed for them, because
they are allocated in the strategic places
around the country to defend Islam and
Imam is in charge of them and they are
like hired workers.
NOTICE: al-Balqini exempted following
cases from “karaha”:
First: If seeking permission would delay it
so that the benefit of fighting would be
lost.
Second: If the Imam neglects jihad and he
and his soldiers are attached to this world.
As we observe it happening today.
Third: If they have well-grounded
suspicion that if the permission is sought
it would not be granted.”
“Mughni al-Muhtaj”, 4/220
Jalal ad-Din al-Mahalli (died: 864
hijra/1459 milad) said in his book “Kanz
ar-Raghibin Sharh Minhaj at-Talibin” (and
it’s a commentary on “Minhaj at-Talibin”):
( ﻳُﻜْﺮَﻩُ ﻏَﺰْﻭٌ ﺑِﻐَﻴْﺮِ ﺇﺫْﻥِ ﺍﻟْﺈِﻣَﺎﻡِ ﺃَﻭْ ﻧَﺎﺋِﺒِﻪِ ( . ﺍﻟْﺄَﻣِﻴﺮِ ﻟِﺄَﻧَّﻪُ
ﺃَﻋْﺮَﻑُ ﺑِﻤَﺎ ﻓِﻴﻪِ ﺍﻟْﻤَﺼْﻠَﺤَﺔُ
“Fighting without permission from Imam
and his deputy is makruh” because the
ruler knows more about what is
beneficial.”
Shihab ad-Din al-Qalyubi (died: 1069
hijra/1659 milad) and Shihab ad-Din
Ahmad al-Birlisi (‘Umeyra) write in their
commentaries on “Kanz ar-Raghibin”:
ﻗﻮﻟﻪ : ) ﻳﻜﺮﻩ ( ﺃﻱ ﻓﻲ ﺍﻟﻤﺘﻄﻮﻋﺔ ﻭﻳﺤﺮﻡ ﻓﻲ
ﺍﻟﻤﺮﺗﺰﻗﺔ ﺑﻼ ﺇﺫﻥ ﻧﻌﻢ ﺇﻥ ﻛﺎﻧﺖ ﺍﻟﻤﺼﻠﺤﺔ ﻓﻲ ﺍﻟﻐﺰﻭ
ﻟﻜﻦ ﺗﺮﻛﻪ ﺍﻹﻣﺎﻡ ﻭﺟﻨﺪﻩ ﺑﺈﻗﺒﺎﻟﻬﻢ ﻋﻠﻰ ﺍﻟﺪﻧﻴﺎ ﺃﻭ
ﺍﻣﺘﻨﻊ ﻣﻦ ﺍﻹﺫﻥ ﻓﻴﻪ ﺃﻭ ﻛﺎﻥ ﺍﻧﺘﻈﺎﺭ ﺍﻹﺫﻥ ﻳﻔﻮﺕ
ﻣﻘﺼﻮﺩﺍ ﻟﻢ ﻳﻜﺮﻩ ﺑﻐﻴﺮ ﺇﺫﻧﻪ
ﻗﻮﻟﻪ : ) ﺑﻤﺎ ﻓﻴﻪ ﺍﻟﻤﺼﻠﺤﺔ ( ﻗﻴﻞ : ﻣﺤﻞ ﻫﺬﺍ ﻓﻲ
ﻏﻴﺮ ﺍﻟﻤﺮﺗﺰﻗﺔ ﻭﺇﻻ ﻓﻴﻤﺘﻨﻊ ﻋﻠﻴﻬﻢ ﻷﻧﻬﻢ ﺑﺼﺪﺩ ﻣﻬﻤﺎﺕ
ﺍﻟﺪﻳﻦ ﺍﻟﺘﻲ ﺗﻌﺮﺽ ﻓﻼ ﻳﻐﺰﻭﻥ ﺑﻐﻴﺮ ﺇﺫﻥ ﺍﻹﻣﺎﻡ .
“al-Qalyubi:
His word: “it’s makruh”, i.e for volunteers,
but it’s haram for professionals without
permission, yes, if there is benefit in
fighting. But if Imam and his troops
forsook jihad for their love to this world
or he insists on denial for permission or
when seeking permission would delay it
so that the benefit of fighting would be
lost, in these cases it’s not makruh to fight
without his permission.”
‘Umeyra:
“His word: “in what is beneficial”; It’s said:
It’s not about fighters other than
professional soldiers. Otherwise it is
forbidden for them, because they guard
the religions sanctity when it’s under
attack and they may not fight without
imams permission.”
“Hashiyatan Qalyubi wa ‘Umeyra”, 4/217
Another shafi’i scholar Ahmad bin Ibrahim
bin Muhammad Abu Zakariyya ad-
Dimashqi, known as Ibn Nuhhas said in
his famous book on this subject:
ﺍﻟﺠﻬﺪ ﺑﻐﻴﺮ ﺇﺫﻥ ﺍﻹﻣﺎﻡ ﺃﻭ ﻧﺎﺋﺒﻪ ﻣﻜﺮﻭﻩ ﻭ ﻟﻜﻨﻪ ﻟﻴﺲ
ﺣﺮﺍﻣﺎ
“Jihad without permission from Imam or
his deputy is makruh, but not haram.”
“Mashari al-Ashwaq ila Masari al-Ushaq”,
315

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