Its Shari'ah, Stupid #3
Wed, January 7, 2009 at 23:53
Mark "Snooper" Harvey in 9:111, 9:112, 9:29, 9:36, 9:38, 9:48, 9:5, Crusader's Armory

This is the third in a series of posts quoting fiqh from a censored forum. The text of the Jihad Violence thread has been preserved in a .chm (163.4KB) file which you can download here. It is among the resources in the expanded library at Crusader's Armory.

al-Shafi'i, d. 820, founder of shafi'i school. al-Imam Muhammad ibn Idris al-Shaf'i's al-Risala fi us ul al-fiqh, transl. Majid Khadduri, al-Imam Muhammad ibn Idris al-shaf'i's al-risala fi us ul al-fiqh: Treatises on the Foundations of Islamic jurisprudence (Cambridge 1997), p. 82-7.

These communications (9:112, 9:36, 9:5, 9:29, 9:38-9, 9:41) mean that the jihad, and rising up in arms in particular, is obligatory for all able-bodied [believers], exempting no one, just as prayer, pilgrimage and [payment of] alms are performed […] They may also mean that the duty of [jihad] is a collective (kifaya) duty different from that of prayer: Those who perform it in the war against the polytheists will fulfil the duty and receive the supererogatory merit, thereby preventing those who stayed behind from falling into error. […]
If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error.

"Rising up in arms" is not consistent with defensive fighting; it implies aggressive Jihad. Defensive fighting, when Dar ul-Islam is invaded, is fard ayn: an obligation binding upon all able bodied Muslims individually. Aggressive Jihad is fard kifaya. Refer to Reliance of the Traveller, O9.1 & O9.3.

"If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error."
Jihad is an obligation; it must be done according to Allah's commands. What commands? Those cited in the Shari'ah.

The last listed, 112, must be understood in the context of its immediate predecessor.

What do believers do and why?

What will Allah do to them if they do not join the Jihad?

Article originally appeared on Snooper's Take Our Country Back (http://snooperreport.com/).
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