Fiqh al Jihad Book By Dr. Yusuf al-Qaradawi (1-3)

By Dr. Essam el-Erian April 27, 2024 2480

At the outset of our journey in the Islamic movement, “jihad” was and still is our main concern. Our dialogues among our Islamist brothers always revolved around the concept of “jihad,” the use of force and violence for change, and how to apply it according to Islam, along with the best ways to serve our religion and our Islamic Ummah. In our understanding, the concept of “jihad” only meant fighting, as it was seen as the means to change and achieve our Islamic dream.

At the beginning of my meetings with one of the honorable brothers from the Muslim Brotherhood, who endured trials for the sake of Allah and spent many years in prison, I asked him a question that I will never forget. After adhering to the Muslim Brotherhood's methodology of peaceful change and working among the people in accordance with the Quranic approach, “Indeed, Allah will not change the condition of a people until they change what is in themselves.” (Ar-ra’d: 11), I asked him about the Jihad and fighting for the sake of Allah. His response was: Allah the Almighty decrees in the Noble Book, “If Allah had willed, those [generations] succeeding them would not have fought each other after the clear proofs had come to them. But they differed, and some of them believed and some of them disbelieved. And if Allah had willed, they would not have fought each other, but Allah does what He intends.” (Al-Baqarah: 253)

These men treated us with kindness, not rejecting our enthusiastic ideas but rather guiding us gradually.

We had discussions about concepts, terminologies, and the correct understanding of Islam with our respected scholars, from whom we learned through their books, lectures, and lessons during the blessed decade of the 1970s. We also discussed the methods of the movement, advocacy, and working for the sake of Islam with figures such as Sheikh Mohammed al-Ghazali, Sheikh Muhammad Najib Al-Muta'i (may Allah have mercy on them), and Sheikh Dr. Yusuf al-Qaradawi, may Allah keep him safe.

During that period, and perhaps still to this day, the hot topics of discussion among the youth were about two main issues:

Firstly, the correct understanding of Islam: the stance on doctrinal or jurisprudential issues that has occupied Muslims throughout the history of Islam. It continues to tear apart Muslims’ unity, leading some young people towards a narrow understanding of Salafism, not in its broad sense, or towards declaring other Muslims as disbelievers, deviants, and hypocrites.

Secondly, Approach to Change: This includes enjoining good and forbidding evil, rebellion against oppressive or non-Muslim rulers, gang wars, military coups, and the resulting inclination of some young people towards the use of force and violence in the name of jihad for the sake of Allah.

Our discussions with our scholars have resulted in the issuance of a considerable number of books, studies, research papers, or recorded dialogues explaining the twenty principles of understanding placed by the martyred Imam Hassan al-Banna, like the movement’s pledge of alliance and the pillar of understanding religion. Among these works are “The Constitution of Cultural Unity Among Muslims” by Sheikh al-Ghazali, cassettes by Sheikh al-Qaradawi, lectures by Sheikh Al-Muta'i, etc.

 

Greetings

Here we are today, after six years of effort from Dr. Al-Qaradawi, from a significant journey and eagerly awaited book titled “Fiqh al-Jihad: A Comparative Study of its Rulings and Philosophy in the Light of the Qur'an and Sunna,” published by the Wahba Library in the Egyptian capital, Cairo, this year. Our esteemed professor kindly gifted me a copy, with a dedication and praise that I do not deserve.

A salute to our Sheikh, who has not been slowed by years or illnesses and whose worries or circumstances haven’t made him forget anything we have requested for decades and years to clarify the truth about controversial issues that have and still do occupy youth. These issues have caused the loss of lives and caused rivers of pure, sacred blood to flow—blood that we were saving for the great battles of Islam. May Allah reward him for this splendid effort and thorough examination of matters related to fiqh, hadith, and tafsir.

I believe that the Sheikh does not expect mere praise and appreciation from readers of this significant book. Therefore, I diligently read its two parts, comparing what the Sheikh wrote with what the Islamic movement needs today and what the Ummah of Islam needs from its scholars and intellectuals. This commentary is intended for the Sheikh to consider the new issues that require further research in future editions, in Allah’s will.

 

Preliminary Notes

Firstly, the book is huge and directed to a wide range of concerned individuals and researchers, reaching up to ten factions. Consequently, the benefit each faction gains from it will be limited and will require further individual efforts in independent research. Perhaps the Sheikh's students, who have annual meetings with him, can continue this great effort in connected studies under his supervision.

Secondly, the youth in particular, who were the main reason behind producing this great effort, need a concise edition that answers the most important questions without delving into extensive research on language, fiqh, hadith, and fundamentals. Those who wish to delve deeper into the issues can go back to the extensive book. It would be beneficial if the Sheikh would assign one of his students from his scientific office to edit a small booklet, similar to The Contextual Origin of ibn Taymiyyah's Thought on Jihad in Fighting the Disbelievers, outlining, for example, ten principles in the jurisprudence of jihad.

Thirdly, legal experts, politicians, and military personnel need a separate book on “The Laws of War in Islam.” Imam Muhammad al-Shaybani was ahead in establishing jurisprudential rules that preceded the ages in his book “al-Siyar al-Kabir,” as Muslims have ceased to make efforts in this regard despite the urgent need for it. Here, the Sheikh suggested convening a conference for collective jurisprudence attended by representatives of those factions to review recent history since the wars of the Ottoman Empire, followed by the wars of independence, then the inter-conflicts over artificial borders today, and the civil wars that have preoccupied Muslims throughout the past century, ultimately drafting a constitution for war in Islam.

Fourthly, some important research topics have taken up significant portions of the book, such as Naskh (abrogation) in the Quran, the Sword Verse in Surah At-Tawbah, and the hadith “I have been commanded to fight against the people till they testify La ilaha illAllah,” among others, diverting the attention of non-specialist readers from the essence of the book. I propose that these topics be placed in appendices at the end of the book, with only their summaries included in the main body.

Fifthly, the subject requires a crucial chapter related to jihad, fighting, and warfare, illustrating how Muslims dealt with them during various Islamic eras from the early days of the Prophet's call until our present time, which consolidates the scattered information found throughout different chapters.

In this context, there is a pressing need to establish a very important principle, namely, that the jurisprudential interpretations of scholars were linked to their eras and the circumstances of their time. Determining a principle of no less importance, it should be understood that the systems, means, and methods followed by Muslims in historical circumstances do not bind the rest of the Muslims throughout history. Imam Hasan al-Banna emphasizes this in his important message, “The Fifth Conference,” setting forth several fundamental matters:

1- We believe that the rulings of Islam and its teachings are comprehensive, regulating the affairs of people in both this world and the Hereafter.

2- The Muslim Brotherhood believes that the foundation of Islamic teachings and their source are the Quran and the Sunnah of the Prophet Muhammad (peace be upon him). Many opinions and sciences associated with Islam have been influenced by the eras and societies they emerged from. Therefore, Islamic systems adopted by the nation should draw from these pure sources. We should adhere to these divine and prophetic boundaries to bind ourselves to what Allah has ordained, without imposing rules on our era that do not align with them.

3- The Muslim Brotherhood believes that Islam is a universal religion that encompasses all aspects of life for all people, in all eras and times. It came as a complete and higher religion for it to address the entirety of life, especially purely worldly matters. Islam establishes general principles for all aspects of these matters and guides people on the practical path for their implementation within its boundaries.

Therefore, the nature of Islam aligns with the ages and nations, accommodating all purposes and demands. Additionally, Islam never refuses to benefit from any righteous system that does not contradict its general principles and fundamental doctrines.

Sixthly, it was necessary for the clarification of terms and important distinctions between them to be at the forefront of the book, which is lacking in contemporary Islamic research. It was also important to emphasize that jihad is not limited to the aspects of war and combat in the jurisprudence of Sharia politics, which is characterized by flexibility, adaptability, and development. Because it is fundamentally based on the jurisprudence of objectives and interests, the jurisprudence of consequences, the jurisprudence of balancing, and the jurisprudence of priorities. These aspects of jurisprudence provide extensive scope for constructive jurisprudence, selective jurisprudence, diversity, and plurality of perspectives, without one denying the other, as long as the constants are respected and the Islamic principles and acceptable norms are observed.

Seventhly, the Sheikh addressed in the book a serious and important issue, which is the relationship of Muslims with other nations and people of the world, whether it is based on peace and coexistence or on continuous and ongoing wars. He also tackled the implications of this in terms of commitment to international conventions such as the United Nations Charter and internationally accepted treaties like the four Geneva Conventions. He discussed our relationship with Hindus, Buddhists, and Asians who adhere to “Shinto,” distinguishing them from Zionist Jews who occupied Palestine and displaced its people. He emphasized that the reason for our war and jihad against the Zionists is not their Semitic race or their Jewish religion, but their occupation of our land.

 

Sayyid Qutb's Ideas

The Sheikh refuted the arguments of those advocating offensive jihad in the third section, which is the broadest section of the book, covering 12 chapters, making it essentially a standalone work.

He addressed six observations on what the martyr Sayyid Qutb mentioned in his book “In the Shade of the Quran” when giving the tafsir of Surah “Al-Anfal,” particularly his strong enthusiasm for the idea of continuous offensive jihad.

This is another issue among several that appeared in the writings of the martyred Sayyid Qutb that need to be studied and placed in their proper context. The Sheikh tackled some of these issues despite the anger of some, including, for example, the issue of presenting detailed programs for various aspects of life, participation in general elections, the stance toward current governments, nationalism, and citizenship. In my opinion, if Qutb was among us and engaged in dialogues and discussions on these issues, his perspective on them would have changed, or he would have corrected some misconceptions about them.

Here, I suggest to Sheikh al-Qaradawi that he gather some of his remarks on misunderstandings about Sayyid Qutb or his comments on some of Qutb's ideas in a book, similar to what Counselor Salim Ali Bahnasawi and others have done. This would enable readers of Sayyid Qutb's writings, whether from the Muslim Brotherhood or others, to understand the various opinions and responses and benefit from his writings, apart from the extremism that led some youth to adopt difficult paths. It would also serve as a response to exaggerated accusations regarding the role of Sayyid Qutb in these misguided directions and behaviors.

 

Civil Jihad

It was remarkable that the zeal of the martyred Sayyid Qutb in supporting some of his views led him to disagree with the martyred Imam Hassan al-Banna on a few issues, including, for example, jihad, participation in elections, and introducing practical programs to address real problems.

One of the important benefits for youth was the explanation of the concept of “civil jihad,” clarifying that the concept of jihad in Islam is broad and comprehensive, not limited to “combat” as previously thought. Although some commented on this, including Dr. Mohamed Abbas in “al-Mukhtar al-Islami” magazine, pointing out that “the rulers in our countries close all windows of civil jihad, place obstacles and obstructions in the way of every reformer, interfere in every student, labor union, and parliamentary election, and even prohibit the establishment of civil associations,” Yet, this does not negate the importance of releasing terminologies and explaining the width of the concept of jihad. Indeed, the activities of Muslims in the West and East may support the importance of understanding the inclusivity of jihad for every human activity intended for the sake of Allah, the spread of Islam, the support of Muslims, and even saving the oppressed from injustice regardless of their race or religion.

 

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This article was published in a 1915 issue on 14 Ramadan, 1431 AH/14 August 2010 CE, pp. 12–14.

Read the Article in Arabic