Chapter 43

Muslims (1). It is narrated from Uthman bin Affan, may Allah be pleased with him, that he said: 'I heard the Messenger of Allah (ﷺ) say: "A day of ribat (guarding the frontier) in the path of Allah is better than a thousand days in any other location" (2). ¶

E - Among the ways Islam honors the Mujahid in the path of Allah is by declaring him the best of people. It is narrated from Abu Sa'id al-Khudri that the Messenger of Allah (ﷺ) was asked: "Which of the people is the best?" He replied: "A man who struggles (jahada) in the path of Allah..." (3). ¶

Furthermore, it does not harm the Mujahid if people do not consider him the best according to their social metrics, as long as Allah has elevated him above them all. Therefore, he should not lose interest in the Jihad he is performing, regardless of his position, even if he does not receive the recognition from people that he deserves. It is sufficient for him that, in the sight of Allah, he is in the front rank of those held in honor and esteem: ¶

"On the authority of Abu Hurairah, from the Prophet (ﷺ): '...Glad tidings to the servant who holds the reins of his horse in the path of Allah; his hair is disheveled and his feet are dusty. If he is assigned to guard duty, he is in guard duty; if he is assigned to the rear guard, he is in the rear guard. If he seeks permission, he is not granted it, and if he intercedes, his intercession is not accepted'" (4). ¶

Indeed, the righteous predecessors (al-Salaf al-Salih) used to honor those whom Allah Almighty honored. They were eager to respect the Mujahideen, and they considered performing any act of service for them, or treating them with respect and veneration, to be one of the paths to drawing closer to Allah Almighty. ¶

It is stated in Al-Siyar al-Kabir: "From Mujahid (who was one of the Tabi'un and a student of Ibn Umar), he said: 'I intended to go for Jihad, and Ibn Umar took hold of my stirrup [to help me mount]!! I refused to let him do so, and he said: Do you begrudge me the reward?'" ¶

Thus, it has reached us that: 'The servant of the mujahideen among the people of the earth holds a status like that of Gabriel among the inhabitants of the heavens!' ¶

This is but a drop from the ocean of what has been narrated in the noble Prophetic Sunnah regarding the excellence of jihad and the status of the mujahideen in the sight of Allah, the Blessed and Exalted. ¶

Third Point: Jurisprudential texts explaining the status of jihad for the sake of Allah. ¶

It is stated in Ibn Qudamah's 'Al-Mughni': 'Ahmad [i.e., Ibn Hanbal] said: We do not know of any chapter of righteousness better than the 'sabil' [meaning jihad]... When the matter of the enemy was mentioned to him, he began to weep and said: No deed of righteousness is better than it... Nothing is equal to engaging the enemy, and participating in combat personally is the best of deeds. Those who fight the enemy are the ones who defend Islam and its sanctities; what deed could be better than that? People are safe while they are in fear, having sacrificed their very lives... The Messenger of Allah (ﷺ) said: By Him in whose hand is my soul, there is no deed between heaven and earth better than jihad in the cause of Allah, or an accepted Hajj (Hajj Mabrur) containing no lewdness, no wickedness, and no argument. This is because jihad is the sacrifice of one's soul and wealth, and its benefit extends to all Muslims—young and old, strong and weak, male and female—and no other deed equals it in benefit and significance; therefore, none equals it in excellence and reward.' ¶

And it is stated in 'Al-Siyar al-Kabir' and its commentary: 'On the authority of Abu Qatadah, the Messenger of Allah (ﷺ) stood to address the people, praised and glorified Allah, and then mentioned jihad; he did not designate anything as better than jihad except the obligatory duties (fara'id). He meant those duties that are fard 'ayn (individually obligatory), which are the five pillars. Jihad is also obligatory, but it is a fard kifayah (communal obligation), and the reward corresponds to the weight of the obligation. Thus, what is fard 'ayn is stronger, and that is why the Messenger of Allah (ﷺ) excepted the obligatory duties from the things to which he gave jihad precedence.' ¶

Furthermore, part of the care the scholars of Islam took regarding the matter of jihad—especially in eras when the enemy ganged up on the Muslims and their lands—was that they spared no effort in inciting the Ummah to jihad. ¶

And reminding the Ummah of the obligation to rise for jihad in Islam, the dangers of abstaining from it, and the immense reward and merit that Allah has prepared for those who establish it, and writing treatises and books on this subject. - Among these is the treatise "Al-'Ibra mimma ja'a fi al-Ghazw wa al-Shahada wa al-Hijra" (A Lesson from what has come regarding Military Expedition, Martyrdom, and Migration) by Siddiq ibn Hasan al-Qanuji (1). ¶

The author stated on the occasion of publishing this treatise the following: "Accounts of what occurred during these times between the territories of the Ottoman Empire and the cities of the Russian State reached us continuously... and most of the Muslims of the earth stood up... to support the Sultan... and the matter ended up... with a firm determination to fight the Russians (2), and a decisive resolve to sacrifice every subject (3) of the Ottoman Empire, as well as wealth and lives. May Allah (SWT) support everyone who supports the religion of Muhammad (may the best of prayers and most perfect peace be upon him), and forsake everyone who forsakes the true Muhammadan nation and the religion of Islam, and aid all Muslims against the defiant disbelievers... When I observed those incidents... and saw the Muslims praying for victory and triumph for the Sultan of the land... I desired to lift the veil of ignorance and heedlessness regarding what has been mentioned about military expedition (ghazw) and migration (hijra)... by mentioning what was revealed in the Precious Book and the Purified Sunnah... And since the books of traditions (athar) included many commands... and abundant rulings... I deemed it appropriate to limit myself to the core rulings... and it is hoped from Him (Exalted and Blessed is He) that this summary will, through His grace and bounty, find circulation and reception, and that everyone with knowledge and understanding will benefit from it in every place and time, and I named it: 'Al-'Ibra mimma ja'a fi al-Ghazw wa al-Shahada wa al-Hijra' (4)." ¶

- Likewise, Sheikh Yusuf al-Nabhani (5) authored a treatise, in which he gathered some Prophetic hadiths. ¶

(1) Born: 1248 AH, corresponding to 1832 AD; died: 1307 AH, corresponding to 1890 AD. See his biography in (Al-'Ibra...) p. 3. (2) Year 1293 AH. (3) As written; it appears the word (ra'awi - pertaining to the subjects) is more correct. (4) Preface of the book, pp. 7-10. (5) Born: 1266 AH; died: 1350 AH. See his biography in (Al-Ahadith al-Arba'in fi Fadl al-Jihad wa al-Mujahidin) pp. 7-8. ¶

Those which urge Jihad in the way of Allah, he titled them 'The Forty Hadiths on the Virtue of Jihad and the Mujahideen': Sheikh Al-Nabhani explained the context of publishing these hadiths, saying: 'It has not been hidden from anyone for a long time how enemies have transgressed against the people of faith; they have seized most of the Islamic lands and constricted the Islamic Caliphate and the Ottoman Sultanate—may Allah raise its beacons, destroy its enemies, and support its armies and supporters. Since the Caliph's command has been issued... for sacred Jihad against the states of Russia, England, and France to elevate the word of Allah, it is obligatory for every Muslim to join under the banner of the Caliph of the Muslims and the Commander of the Faithful, for Jihad in the way of Allah. This compelled me to collect forty hadiths from the Sahihayn... as a service to Allah, His Messenger, and the Commander of the Faithful, and as advice to all Muslims, and I named it 'The Forty Hadiths on the Virtue of Jihad and the Mujahideen.' I ask Allah the Great to make it generally beneficial and to restore to the Muslims all the lands seized by their wretched enemies' (1). This is some of what Muslim scholars authored in the form of treatises to clarify the status of Jihad and emphasize the virtue of the Mujahideen at a time when Western colonialism conspired against Islam, its people, and its lands... with the goal of what they called dividing the 'sick man's' inheritance after finishing him off, meaning the Caliphate state which was represented by the Ottoman Empire and the Islamic lands following it. We now come to the final point in this introduction. The Fourth Point: Reconciling the Shariah texts that make Jihad in the way of Allah superior to other deeds at one time, and inferior to them at another. To address this point, we will first present the texts that include the preference of some acts of obedience and closeness to Allah over Jihad in the way of Allah... then we will mention, secondly, the scholars' opinions in reconciling them, and finally, we will state what we see regarding this matter. ¶

First: Shariah texts which include the superiority of certain other acts of worship over Jihad in the path of Allah. ¶

1. It is stated in Sahih al-Bukhari: “Abdullah ibn Mas’ud (may Allah be pleased with him) said: I asked the Messenger of Allah (peace be upon him): ‘O Messenger of Allah, which deed is most virtuous?’ He said: ‘Prayer at its appointed time.’ I asked: ‘Then what?’ He said: ‘Then kindness to parents.’ I asked: ‘Then what?’ He said: ‘Jihad in the path of Allah.’ The Messenger of Allah (peace be upon him) then remained silent, and had I asked for more, he would have added more.” (1) ¶

2. It is also stated in Sahih al-Bukhari: “Narrated Abdullah ibn Amr (may Allah be pleased with them both) that a man asked the Prophet (peace be upon him): ‘Which part of Islam is best?’ He said: ‘To feed people and to offer the greeting of peace (Salam) to those you know and those you do not know.’” (2) ¶

3. And from Abu al-Darda’ (may Allah be pleased with him) who said: The Messenger of Allah (peace be upon him) said: “Shall I not inform you of the best of your deeds, the purest of them before your King, the highest of them in your ranks, better for you than spending gold and silver (3), and better for you than meeting your enemies and striking their necks while they strike yours?” They said: “Yes.” He said: “The remembrance of Allah (Dhikr).” Mu’adh ibn Jabal said: “There is nothing more saving from the punishment of Allah than the remembrance of Allah.” (4) ¶

These are some prophetic narrations that place the value of certain acts of worship and means of drawing near to Allah above the value of Jihad in the path of Allah, while we have previously seen many texts from the Quran and Sunnah that placed Jihad in the path of Allah at the pinnacle of the Islamic value system brought by Islam, and established an order among them. How, then, do we reconcile these texts with those? ¶

Second: The opinions of scholars on reconciling those texts which appear to be in conflict. ¶

Imam al-Nawawi, in his Sharh Sahih Muslim, offers two perspectives on reconciling the variations in this subject: ¶

'The first: That the variations in the answers are due to the differences in circumstances and individuals. It may be said that "the best of things is such-and-such," without intending that it is the best in all respects, for all people, and in all situations, but rather in one situation versus another. Evidence for this includes the narration from Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (ﷺ) said: "A Hajj for one who has not performed it is better than forty military expeditions, and a military expedition for one who has performed Hajj is better than forty Hajj pilgrimages." ¶

The second: That it is permissible to assume that the intent is "one of the best deeds" or "among the best of them," or "the best of you is he who does such-and-such." In such cases, the preposition "min" (meaning "among") is implied. It is like saying, "So-and-so is the wisest of people, and the best of them." Similarly, the Prophet (ﷺ) said: "The best of you is the best of you to his family," yet it is understood that this does not make him the best of all people absolutely. Another example is the saying, "The least interested in the scholar are his neighbors," even though there may be others who are less interested than they are... According to this second view, 'faith' (iman) is the best absolutely, and the remaining deeds are equal in being "among the best of deeds and states," and the preference of some over others is known through specific indicators, differing according to circumstances and persons. ¶

If it is argued that some narrations use the word "then" (thumma), which denotes sequence, the answer is that "thumma" here is used for the sequence of mention... as illustrated in the verse: "Say to him who was chief, then his father was chief, and before that his grandfather was chief." ¶

This is what is stated in the Sharh al-Nawawi on Sahih Muslim. ¶

And it is stated in Fath al-Bari regarding this matter: "The conclusion reached by the scholars regarding this hadith and others where the answers differ as to which is the best deed, is that the answers varied due to the different circumstances of the questioners; the Prophet (ﷺ) informed each group of what they needed, or what they had an inclination toward, or what was most appropriate for them." ¶

Or, the difference may be due to the variation in times, meaning a particular deed might be better in one time than another. Jihad, in the early days of Islam, was the best of deeds because it was the means to establish the religion and enable its performance. There is an abundance of evidence indicating that prayer is superior to charity; however, in times of urgent necessity for the distressed, charity becomes superior. ¶

Alternatively, the term 'afdal' (best) might not be literal, but rather intended to mean absolute superiority. ¶

Or, it may be implied to mean 'among the best of deeds,' where the preposition 'min' (from/among) is elided but intended. ¶

Ibn Daqiq al-Eid stated: The 'deeds' in this hadith—referring to the hadith of Ibn Mas'ud: 'Which deed is best? He said: Prayer at its appointed time'—are categorized as bodily acts. By this, he intended to exclude 'faith,' as it is an act of the heart; thus, there is no contradiction between it and the hadith of Abu Hurairah: 'The best of deeds is belief in Allah.' Others have said: The 'Jihad' meant here—in the hadith of Ibn Mas'ud where the rank of Jihad is placed after dutifulness to parents—is that which is not a fard 'ayn (individual obligation), because it is dependent on the permission of the parents, therefore dutifulness to them takes precedence over it. ¶

This is what is mentioned in Fath al-Bari. ¶

- And in Tuhfat al-Dhakirin by al-Shawkani, it states: 'Some have found it problematic to prefer Dhikr (remembrance of Allah) over Jihad, despite the existence of authentic evidence that Jihad is the best of deeds. Some scholars have reconciled the hadiths that express the superiority of certain deeds over others with those that suggest the opposite, by explaining that this is relative to individuals and circumstances. Therefore, for one who is capable of Jihad and whose impact in it is strong, the best deed is Jihad. For one with much wealth, the best deed is charity. And for one who possesses neither of these two traits, the best deeds are Dhikr and prayer, and so on. However, this is countered by the explicit statement of the Prophet (ﷺ) regarding the superiority of Dhikr over Jihad itself in this hadith...' referring to the hadith ('Shall I not inform you of the best of your deeds...'). ¶

"Shall I not inform you of the best of your deeds... which is better for you than that you meet your enemies... (it is) the remembrance of Allah..." The Hadith. This is what al-Shawkani stated in raising this problem (ishkal). It is understood from his words that the answer provided by scholars in reconciling conflicting Hadiths regarding the subject of "the best of deeds" is effective in explaining why some deeds are deemed superior to others at one time, and the same deeds deemed less superior at another. However, it is not sufficient to answer the difficulty in the Hadith currently under discussion, in which Dhikr (remembrance) is preferred over Jihad. Furthermore, al-Shawkani did not present his own view on resolving this difficulty. In my opinion, the answer provided by the scholars is effective in resolving the difficulty in this Hadith as well, by presuming that the Messenger of Allah (ﷺ) was addressing, in this Hadith, a group of people who were unable to bear the burdens of Jihad, and who did not possess gold or silver to spend in the paths of charity and virtue beyond their needs. Despite this, they were eager to perform good deeds beyond the mandatory duties to seek reward and out of desire for what is with Allah. So, what is the best deed for these people? - Should they attempt Jihad, even though it is the best deed absolutely, when they are incapable of it and do not possess the capacity in battle to inflict damage upon the enemy or provide strength to the Muslims? - Or should they attempt to spend from the little they possess, even though they are more in need of what they spend than others? Is this or that the best deed for them? - Or is the best deed for them another of the righteous acts that they are capable of performing? There is no doubt that an act other than Jihad is more suitable for such people to be their best deed. The Messenger of Allah (ﷺ) determined that remaining constant in the remembrance of Allah is that deed which excels other deeds in relation to these addressees, as stated in the mentioned Hadith. Thus, the answer of the scholars in reconciling conflicting Hadiths resolves all the difficulties present in all the Hadiths regarding the matter we are discussing. In summary, the views of the scholars on this issue, in light of what has preceded, are concentrated as follows: 1- Righteous deeds after faith are equal in value, such as prayer, Jihad, and Dhikr. ¶

Sadaqah... and all acts of worship and means of drawing closer to Allah (qurubat) have no inherent hierarchy of superiority when viewed simply as acts of obedience and devotion. The differentiation in rank (tafadul) occurs only based on the varying persons, circumstances, and times that necessitate such differentiation. The superlative form (ism al-tafdil) mentioned in the Hadiths—where some deeds are prioritized over others—is interpreted either as having an implied 'min' (partitive 'of') in the wording, or that the superlative is not being used in its literal sense; meaning it does not imply actual ranking, but rather denotes the absolute quality of the act without comparison, as previously established in the citation from Fath al-Bari. ¶

2. Islamic deeds are divided into means (wasa'il) and ends (ghayat). Ends are naturally superior to means. Prayer, dhikr, Hajj, and the like are the ends that Islam seeks. As for Jihad, it belongs to the category of means, legislated to enable the establishment of prayer, dhikr, Hajj, and similar acts which are considered ends. Thus, prayer and its likes, being ends, are superior to Jihad, which is a means. However, Jihad is superior to all deeds that are classified as means. Regarding this, it is stated in Fath al-Bari, from Ibn Daqiq al-Eid: 'Analogy dictates that Jihad is the most excellent of the deeds that serve as means, because Jihad is a means for proclaiming and spreading the religion, and for suppressing and refuting kufr (disbelief); thus, its excellence is proportional to the excellence of those goals. And Allah knows best.' ¶

3. Aside from the division into means and ends, Islam has also established a hierarchy of excellence among Islamic deeds. Regarding this, Ibn Hajar states: 'Virtues are not attained through analogy... Jihad is absolutely the most excellent of deeds...' as was previously established. ¶

4. Prayer performed at its designated times is the most excellent deed in an absolute sense. Regarding this, the author of al-Durr al-Mukhtar says: ¶

"Observing the obligatory prayers at their prescribed times is superior to Jihad."(1) ¶

Our view on this matter is as follows: Islam has established a hierarchy for the values of human actions and activities, prioritizing them from the most important to the important. In this hierarchy, 'Fara'id 'Ayniyya' (individual obligations) occupy the highest rank, followed by 'Fara'id Kifa'iyya' (communal obligations), provided there are those who fulfill them, then voluntary acts (nawafil), and subsequently the permissible (mubahat). This is what the scholars have determined. Imam al-Sarakhsi states—as we mentioned earlier—"The reward is in accordance with the gravity of the obligation; therefore, what is an individual obligation (fard 'ayn) is stronger."(2) ¶

Al-Qastallani states in his commentary on Sahih al-Bukhari: "Performing a fard (obligation) is superior to a nafl (voluntary act) without any hesitation!"(3) This is derived from the Hadith Qudsi: "...And my servant does not draw near to Me with anything more beloved to Me than the fulfillment of what I have obligated upon him..."(4). Ibn Hajar says in the explanation of this hadith: "This term encompasses all individual and communal obligations... From it, we learn that the performance of obligatory acts is the most beloved of deeds to Allah... Some prominent scholars have said: He who is kept from voluntary acts by obligatory ones is excused, but he who is kept from obligatory acts by voluntary ones is deluded!"(5) ¶

Based on this, if obligations and voluntary acts conflict such that it is not possible to perform both, obligations are given precedence over voluntary acts. Similarly, if individual obligations (fara'id 'ayniyya) and communal obligations (fara'id kifa'iyya) conflict—where there are others available to fulfill the communal obligations—the individual obligations are given precedence in that situation. However, if individual or communal obligations (where there are not enough people to fulfill them) conflict such that it is not possible to perform all of them at the same time, then the most important obligation based on the prevailing circumstances is performed first, and the other is delayed. It is for this reason that the Messenger of Allah (peace be upon him) delayed the obligatory prayer during the Battle of the Trench (Ghazwat al-Ahzab), as he was occupied with the obligation of repelling the enemies surrounding Medina. ¶

Bukhari records from Ali (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said on the Day of the Trench: 'They hindered us from the Middle Prayer until the sun set; may Allah fill their graves and their houses—or their bellies—with fire.' (1) ¶

It is stated in Fath al-Bari: 'His statement: “They hindered us from the Middle Prayer,” meaning: they prevented us from the Middle Prayer, that is, from performing it. Sahih Muslim adds... from Ali: “They kept us busy from the Middle Prayer, which is the Afternoon (Asr) Prayer,” and added at the end: “Then he (the Prophet) performed it between Maghrib and Isha.”' (2) ¶

In Al-Nawawi’s Commentary on Sahih Muslim, it states: 'Regarding the time of desperate battle and general mobilization (nafir), jihad becomes an obligation upon everyone. When it is thus, jihad is more worthy of encouragement and priority than Hajj, because jihad contains general welfare for the Muslims, and in such a situation, it becomes an individual obligation (muta'ayyan) and pressing, unlike Hajj. And Allah knows best.' (3) ¶

Based on the above, if there exist in our current era scholars or those involved in Islamic movements who are characterized by insight, knowledge, and sincerity—and they are occupied with enjoining good and forbidding evil, or spreading knowledge and awareness among the Ummah, or working to rectify deviated conditions and striving to resume Islamic life and establish an Islamic society—if such preoccupation exists among them in these Islamic fields such that they have no capacity to engage in the matter of jihad—assuming the removal of restrictions on forming armed groups to fight the enemies and perform jihad in the path of Allah... I say: if such preoccupation is found among them in fields other than jihad, the interpretation of this is that the work they are engaged in—enjoining good, forbidding evil, striving for reform, and working to establish an Islamic society—is all prioritized over jihad in relation to the specific circumstances in which Muslims live in this era—at least from the point of view of those scholars or those working in the Islamic field—bearing in mind that determining which Islamic actions should be prioritized over others is a matter in which the assessments of mujtahidin (jurists) differ. ¶

Nevertheless, this does not negate that the value of 'Jihad', in its own essence, is higher than the value of other deeds. ¶

Islamic acts are inherently meritorious in a general sense. However, if a specific Islamic act presents itself in a particular context whereby that act becomes prioritized over 'jihad' relative to that specific circumstance... ¶

This variance in the value of things, contingent upon transient conditions, is a matter well-recognized in human custom and dealings. For instance, gold and silver are superior in value compared to their weight in bread or wheat; yet, this does not prevent people from encountering certain situations where a crust of bread outweighs in value many times its weight in gold and silver...! ¶

Al-Maqrizi recounts the events of the famine that occurred in Egypt during the so-called 'Fatimid Caliphate,' in the time of 'al-Mustansir' (1)—that a lady from a prominent household offered a necklace worth a thousand dinars in order to obtain flour to sustain herself. In the end, she received nothing in exchange for that necklace but a 'piece' of bread—a loaf. She then went to one of the gates of al-Mustansir's palace for a purpose she had in mind... Al-Maqrizi states: ¶

'...And she stood on an elevated place, lifted the 'piece' of bread on her hand so that people could see it, and called out at the top of her voice: O people of Cairo! Pray for our master al-Mustansir! He through whose days Allah has made people prosperous... to the point that this 'piece' has cost me a thousand dinars!' (2). ¶

In summary: The definitive texts (nusus) established the superiority of jihad and the mujahideen in an absolute sense, as in the words of the Almighty: {Not equal are those believers who sit [at home] - other than those having a disabling injury - and those who strive, in the cause of Allah, with their wealth and their lives. Allah has preferred those who strive with their wealth and their lives over those who sit [at home] by degrees; and to each Allah has promised the best [reward]. But Allah has preferred the mujahideen over those who sit [at home] with a great reward} (3). ¶

Therefore, if some texts appear to indicate the preference for something other than jihad or the mujahideen... ¶

The foundational legal principle (Usuli) that 'implementing both pieces of evidence is better than implementing one and neglecting the other' (1) dictates that this preference for acts other than Jihad is only in consideration of a transient circumstance, a specific group, or a particular individual. This is evidenced by what is mentioned in Sahih al-Bukhari: From Aisha (may Allah be pleased with her), who said: 'O Messenger of Allah! We consider Jihad the best of deeds, so should we not participate in Jihad?' He replied: 'However, the best Jihad is an accepted Hajj (Hajj Mabrur)' (2). In this Hadith, the Messenger (peace be upon him) affirmed Aisha’s statement that 'we consider Jihad the best of deeds,' then clarified that for women, Hajj is superior to the Jihad that means fighting (qital) in the path of Allah. It is stated in Fath al-Bari: 'It has a supporting narration (shahid) from the Hadith of Abu Hurairah, recorded by al-Nasa'i with the wording: “The Jihad of the elderly (meaning the weak and incapacitated) and the woman is Hajj and Umrah”' (3). It is also mentioned in Fath al-Bari: 'Her statement: “We consider Jihad the best of deeds...” means we believe and know this, due to the abundance of its virtues heard in the Quran and Sunnah. Jarir narrated from Suhayb, according to al-Nasa'i, with the wording: “For I do not see any deed in the Quran better than Jihad.” His statement “However, the best Jihad...” — in most versions, the 'kaf' has a damma, addressing the women... He called it “Jihad” because of the struggle of the self involved in it' (4). As for calling Hajj a Jihad, Al-Bukhari cited the statement of Umar (may Allah be pleased with him) in this regard: 'Prepare for Hajj, for it is one of the two Jihads' (5). Ibn Hajar said: 'Calling Hajj a Jihad is either by way of generalization (taghlib) or in reality, and it refers to the Jihad of the self (mujahadat al-nafs) due to the hardship it imposes on the body and wealth' (6). ¶

I say: This statement of his is a matter of 'taghlib' (linguistic dominance/preponderance). That is, if we consider the Shariah and customary meaning of 'jihad', which is 'fighting the disbelievers to exalt the Word of Allah (Mighty and Majestic is He)', then calling Hajj 'jihad' here is a case of the name 'jihad' being made dominant over Hajj, just as the name 'Umar' is made dominant over 'Abu Bakr' when referring to both in the dual form, as in 'al-Umran'. Similarly, dates are made dominant over water when referring to both in the dual form, as in 'al-Aswadan' (the two black ones). ¶

However, if we consider the linguistic reality of 'jihad'—which is the exertion of effort and struggling against another party—then Hajj falls under this linguistic reality; because it involves exerting effort in struggling against the desires of the self. As al-Qastallani says: 'When the pilgrim performs Hajj, he struggles (yujahidu) against his own self by enduring the hardship of travel and forsaking worldly pleasures.' ¶

Finally, the Shariah texts we have cited in this introduction indicate that the most virtuous deed in an absolute and abstract sense is indeed jihad in the path of Allah. Yet, sometimes another righteous deed may be deemed superior to jihad with respect to certain individuals or circumstances, provided there is a justification (da'i) that necessitates such preference. In such cases, that deed becomes equivalent to jihad in its merit and reward for those specific individuals or circumstances. ¶

With this, we conclude the introduction regarding the merit and status of jihad, and we enter into the discussions of the first chapter of this section. ¶

First Discussion: Jihad - Its Fundamental Nature as Fard Kifayah (Collective Obligation) ¶

In order to encompass the most important aspects of this study and matters closely related to it, it is essential to address the following points: 1. What is Fard Kifayah (collective obligation)? 2. The scholars who maintain that jihad is Fard Kifayah, including an explanation of the objective of this obligation and the evidence supporting it. 3. When does jihad become Fard Kifayah? Or, the conditions under which jihad is considered a collective obligation. 4. What is the minimum requirement through which the obligation of Fard Kifayah is fulfilled regarding jihad? 5. Is the existence of a Caliph (leader) for the Muslims a condition for carrying out jihad that is Fard Kifayah? ¶

1. First Point: What is Fard Kifayah? ¶

Dr. Muhammad Mustafa al-Zuhayli states: 'The terms Fard and Wajib have the same meaning according to the majority of scholars (Jumhur)' (1). He then defines Wajib Kifai (collective obligation) by saying: 'Wajib Kifai is that which the Lawgiver (al-Shari') has requested the collective group of accountable individuals (mukallafin) to perform, not every individual specifically. Thus, if some of the accountable individuals perform it, the obligation is fulfilled and the sin is removed from the rest. It is called Wajib Kifai because the performance of some accountable individuals is sufficient to achieve the objective of the Lawgiver, such as enjoining good and forbidding evil, responding to the greeting of peace, jihad, acquiring various types of sciences and industries, and the funeral prayer... and others.' ¶

(1) Usul al-Fiqh al-Islami: Dr. Muhammad Mustafa al-Zuhayli: p. 235. ¶

Its ruling, according to the majority, is that it pertains to all legally accountable individuals (mukallafin). Thus, he who is capable of it must perform it himself, and he who is incapable must urge others to perform it; because the command is addressed to every accountable person, as the Prophet ﷺ said: 'Seeking knowledge is an obligation upon every Muslim.' And the Almighty’s saying: 'O you who have believed, fight those adjacent to you of the disbelievers and let them find in you harshness.' If some of them perform it, the obligation is lifted from everyone, but if no one performs it, all are sinful; because the capable one did not perform it, and the incapable one did not urge it. This category provides an example of solidarity within the Muslim community... It is then stated: 'The intent of a communal obligation (fard kifayah) is the existence of the act, not the individual obligation of all persons.' ¶

Furthermore, Al-Shatibi clarifies in his book 'Al-Muwafaqat' the method of pursuing communal obligations, establishing that Muslims are in need of all sciences, industries, professions, tasks, and beneficial activities... at all levels. The burden of performing these falls on all Muslims in the sense that they all share in creating the means for these communal obligations. As for those capable of actually performing them, they are the ones upon whom the responsibility of fulfilling these obligations rests. Therefore, those overseeing the upbringing of the young must observe their inclinations and areas of excellence... directing them toward the knowledge they are inclined to, noting the signs of promise in it... directing some toward industry, others toward military service... according to inclinations and indicators of excellence. Whatever stage they reach in their chosen path, even if they cannot progress further, they are fulfilling a portion of the interests that Muslims are required to provide, as they are communal obligations. These are glimpses of the precious words spoken by Imam Al-Shatibi in this regard: 'Jihad, where it is a communal obligation, is only incumbent upon those who possess prowess, courage, and similar valid shar'i qualifications; for it is not correct to demand it from one who is not fit for it, as this would be imposing an unbearable burden on the accountable person and would be futile regarding the sought-after benefit.' ¶

or the evil to be repelled, both of which are invalid in Shariah. However, it may be correctly said that it is incumbent upon everyone in a figurative sense; for fulfilling this obligation is the establishment of a public interest, which they are all collectively required to secure. Some are directly capable of it—those who are fit for it—and the rest, even if they are not capable of it themselves, are capable of establishing those who are. Thus, the capable person is required to perform the duty, and the incapable person is required to put forward the capable one; for the performance of the capable cannot be achieved without this support, falling under the principle: 'that without which a duty cannot be fulfilled is itself a duty.' Furthermore, regarding the upbringing of Muslim children and guiding them toward fields where they might show creativity—which are among the various public interests that are classified as Fard Kifayah (communal obligations)—Al-Shatibi says: 'If, for instance, a child displays keen perception, soundness of understanding, and retentiveness of what he hears—even if he shares in other traits—he should be directed toward that pursuit. This is generally obligatory upon his guardian, in consideration of the hope of fulfilling the public interest of education, thus he is required to learn. Likewise, the same arrangement applies to one who shows traits of boldness, courage, and administrative skill; he should be directed accordingly. In this way, for every action that is a communal obligation, a group is raised. Thus, wherever the traveler stops and is unable to proceed, he has stopped at a stage that is generally needed. If he has the strength, he should increase his progress until he reaches the maximum limits in communal obligations, and in those for which those who attain them are singled out, such as Ijtihad in Shariah and leadership (Imarah). Through this, the affairs of this world and the deeds of the Hereafter are set right' (1). ¶

This is what Al-Shatibi said regarding how to proceed in fulfilling the communal obligations in the lives of Muslims, among which is the obligation of Jihad in the path of Allah. ¶

2. The second point: Those who maintain that Jihad is a communal obligation (Fard Kifayah). Those who held that Jihad in the path of Allah is a communal obligation are the majority of jurists. Here are some jurisprudential quotes that establish this: - Ibn Rushd said in Bidayat al-Mujtahid, while discussing the Shariah ruling on the function of Jihad: 'As for the ruling of this function, the scholars have reached a consensus that it is a communal obligation, not an individual one, except for Abdullah ibn al-Hasan, who said: It is voluntary' (2). ¶

It is stated in Tanwir al-Absar and its commentary Al-Durr al-Mukhtar regarding the ruling on jihad: 'It is a fard kifayah (communal obligation)... initially, even if they do not initiate hostilities against us.' It is stated in Minhaj al-Talibin by Al-Nawawi and its commentary Mughni al-Muhtaj: 'There are two states for the kuffar (disbelievers); one is that they reside in their own lands, not intending any of the Muslim lands, in which case it is a fard kifayah.' It is stated in Qawanin al-Ahkam al-Shar'iyya by Ibn Juzayy, in the Book of Jihad, as follows: 'There are four issues. The first issue: regarding its ruling; it is a kifayah (communal obligation) according to the majority. Ibn al-Musayyib said: It is a fard 'ayn (individual obligation). Sahnun said: It became voluntary (tatawwu') after the conquest [of Makkah]. Al-Dawudi said: It is a fard 'ayn for those who are adjacent to the kuffar.' It is stated in Hashiyat al-Dasuqi 'ala al-Sharh al-Kabir: 'It is narrated from Ibn 'Abd al-Barr that it is a fard kifayah when there is fear, and a supererogatory (nafilah) act when there is security.' Ibn Qudamah said in Al-Mughni: 'Jihad is among the fard kifayah obligations according to the general body of scholars, and it is narrated from Ibn al-Musayyib that it is among the fard 'ayn obligations.' Ibn Hazm said in Al-Muhalla: 'Jihad is an obligation upon the Muslims; so if those who repel the enemy, fight them in their own homes, and protect the frontiers of the Muslims stand up to perform it, the obligation is lifted from the rest, otherwise it is not.' It is stated in Al-Sayl al-Jarrar by Al-Shawkani: 'The evidence provided in the Quran and Sunnah regarding the obligatoriness of jihad is too vast to be recorded here, but it is not obligatory except as a fard kifayah. If some perform it, it is lifted from the rest; before some perform it, it is a fard 'ayn upon every accountable (mukallaf) person.' He then says: 'As for attacking the kuffar...' ¶

Engaging the disbelievers in combat, calling them to Islam, demanding the jizya, or fighting them is a matter known as a religious necessity. What has been narrated regarding making peace treaties with them, or leaving them alone if they cease hostilities, has been abrogated by the consensus of Muslims. This is due to the established ruling that mandates fighting them in all circumstances, provided there is the ability to overpower them, the capacity to wage war against them, and the ability to reach their lands. (1) ¶

In the Tafsir of Al-Alusi, regarding the verse 'Fighting has been enjoined upon you' (2), it states: 'Meaning, fighting the disbelievers. It is a fard ayn (individual obligation) if they invade our lands, and a fard kifayah (collective obligation) if they are in their own lands.' (3) ¶

These are some jurisprudential excerpts which clarify that the ruling of jihad—in the sense of fighting the disbelievers to invite them to Islam or to submit to Islamic rule—is a fard kifayah according to the majority of Muslim jurists. ¶

Regarding this jihad and its purpose, it is stated in Al-Siyar al-Kabir and its commentary: 'If [the Muslims] agree to abandon it, they all share in the sin... In such a situation, the Imam must look after the interests of the Muslims, for he is appointed for that purpose and is the representative of their collective body. Therefore, he must not leave the frontiers unguarded, nor should he cease calling to the religion or encouraging the Muslims to engage in jihad... He should not leave the polytheists without an invitation to Islam or the payment of jizya, if he is able to do so... And if they say to the Muslims: "Make a treaty with us on the condition that we do not fight you and you do not fight us," it is not appropriate for the Muslims to grant them that, because of the saying of the Almighty: "So do not weaken and do not grieve, and you will be superior if you are [true] believers" (4), and because jihad is a mandatory duty. They only requested a treaty to cause the abandonment of a mandatory duty, and it is not permissible to accept such a treaty unless they possess such immense power that the Muslims are unable to withstand them... for the reality of jihad lies, first, in preserving the strength of the Muslims themselves, and then in overpowering the polytheists and breaking their power. If the Muslims are unable to break their power, they must preserve their own strength through a treaty until they possess the power to break theirs... This is equivalent to granting a debtor a respite until he is in a position of ease... Likewise, if they say to the Muslims: "Make a treaty with us on the condition that we give you..." ¶

On the condition of paying a specified amount annually, provided that you do not enforce your laws upon us—such a truce (muwada'a) is not appropriate, because they would not commit themselves to any of our laws. Fighting only terminates with the contract of dhimmah, as it entails adherence to the laws of Islam regarding transactions... unless they possess great power (shawka), in which case it is permissible to make a truce with them without taking money from them. If it is permissible without money, then doing so while taking money from them is even more appropriate (awla)." (Sharh al-Siyar al-Kabir: 1/189-191). ¶

Furthermore, regarding the evidences cited by the majority of jurists to establish that the aforementioned jihad is a fard kifaya (collective obligation) and not a fard 'ayn (individual obligation) in every circumstance—as some claim—nor merely a recommended act (mandub) as others suggest—these evidences vary: some establish the ruling of the obligation of jihad in its essence, while others establish the permissibility for some to refrain from jihad if others have undertaken it... Taken together, these evidences establish that jihad is a fard kifaya; if some perform it, the sin is lifted from the rest. ¶

Among these evidences are: ¶

1- The saying of the Almighty: {Fighting has been prescribed for you...} Al-Qurtubi says in his Tafsir: "'Kutiba' means: it is an obligation..." I say: This text indicates the obligatory nature of jihad in its essence. ¶

2- And the saying of the Almighty: {Not equal are those believers who sit [at home]... and those who strive [jihad] in the cause of Allah with their wealth and their lives. Allah has preferred those who strive with their wealth and their lives over those who sit [at home] by a degree, and to each Allah has promised the best [reward].} Al-Jassas says: "If jihad were an individual obligation (fard 'ayn) on everyone personally, those who sat [at home] would not have been promised 'the best' (al-husna); rather, they would have been blameworthy and deserving of punishment for abandoning it." Imam al-Tabari states: "If those who sat [at home] were neglecting an obligation, they would have received 'the worst' (al-suwa), not 'the best' (al-husna)!" ¶

I say: Based on this, it is established that the saying of the Almighty: {Fighting has been prescribed for you...} is not in the sense of an individual obligation (fard 'ayn). ¶