Is Jihaad and Hijrah Fard-e-Ain?

The following is an answer by Maulana Ahmad Sadiq Desai who never compromises to pander to the sentiments of those who are influenced by self-made Mujtahids coming from both extremes, the spineless boot-licking apologists who attempt to suger-coat Jihaad, and the murderous charlatans who defame Jihaad with their atrocities:

Q. Some say that today Jihad is Fardh-e-Ain. Is this correct?

A. It appears that they are unaware of the meaning of Fardh-e-Ain which is an act which is compulsory on every Muslim, male and female, e.g. the Fardh Salaat and Saum. It is compulsory on every Muslim to perform the five daily Salaat and to fast during the month of Ramadhaan. There are more than one and half billion Muslims on earth. If Jihad had to be Fardh-e-Ain, it will follow that every man and woman of the Ummah must compulsorily participate in Jihad. There never was such a situation in the history of Islam nor will there ever develop such a scenario. Where and how should a billion people engage in Jihad? Must the billion go to Afghanistan or to Chechnya where valid Jihad is being waged, or should the billion go to Palestine where there is no valid Jihad? Is it sensible to even suggest that if the billion does not converge on Afghanistan or Chechnya, they all will be guilty of the gravest sin of abandoning a Fardh-e-Ain act of ibaadat? Those who peddle the Fardh-e –Ain slogan do not know what they are talking. They lack Islamic knowledge.

Even in Afghanistan, Jihad is not Fardh-e-Ain for the Afghans. The Mujahideen do not require canon fodder. They are fighting a powerful enemy. But they do not need 10 million men and women to destroy themselves in vain. In fact, the Taliban are not in need of numbers, for crowds hamper the Jihad. Neither could 10 million be correctly armed, nor are they trained for conducting warfare. It is neither rationally possible, nor logically nor logistically possible for 10 million to converge on the battlefields. They can only be canon fodder, and this is not the objective of Jihad. Now when there is no shortage of Mujahideen, the claim of Fardh-e-Ain is baseless and senseless. Jihad becomes Fardh-e-Ain on particular groups/communities in specific circumstances. In general, Jihad is Fardh-e-Kifaayah, and this is the obligation of Islamic states. But there are no Islamic states in this era. All Muslim lands are governed by kuffaar governments and rulers. However, the Taliban are admirably upholding the banner of Jihad. Rasulullah (sallallahu alayhi wasallam) said: “Jihad will continue until the Day of Qiyaamah.”

Question:

Many ulama appear to be confused and giving out mixed messages with regards to issues such as Jihaad and Khilafah and our role in these integral parts of the Deen. Some ulama propagate the message that there is no Jihaad today, and that even the Talibaan have erred in their priorities, whilst other ulama propagate the message that it is every man’s obligatory duty to participate in these efforts. I would be grateful if Hazrat could clarify what our attitude, role and contribution should be in these aspects of the Deen.

Answer:

*Jihad is a valid and a compulsory institution of Islam. Denial of it is kufr.

*Just as Salaat, Zakaat, Hajj, etc. have conditions for their validity, so too does Jihad have conditions for its validity.

*Jihad is rarely – very very rarely – Fardh Ain. It is always Fardh-e-Kifaayah.

*The Fardh-e-Kifaayah obligation is not on the ordinary man in the street who has no means and way of giving practical expression to this institution.

*The Fardh-e-Kifaayah obligation is on Muslim governments and armies.

*If there are no Muslim governments and Muslim armies as is the current scenario, then if there is a powerful group who can organize Jihad, it will devolve on that group to raise the Standard of Jihad.

*The Jihad of the Taliban is a valid Jihad, and in this era it is the best Jihad. The contention that their priorities are incorrect, is bunkum.

*However, since the Taliban too have failed in concentrating on the moral and spiritual dimensions of Islam, the desired measure of success and victory have not been attained. Minus the Roohaaniyat, there will hardly be success in Jihad.

Q. Salafis say that it is compulsory for Muslims to migrate from countries such as the U.S.A. where Muslims are being oppressed. Since Islam is being targeted in America, Muslims should make Hijrah. Is it compulsory to make Hijrah?

A. Hijrah (Migration) from evil and from an evil place to virtue and to a virtuous place is necessary. But one has to be practical regarding the physical Migration from one country to another country. Even if it is necessary to make Hijrah, it does not follow that in all circumstances it is Waajib to migrate. Consider your circumstances. We ask: Is it necessary for you to migrate from the U.S.A. because of the anti-Islamic attitude of the government? Is it necessary for the Muslims of Syria to migrate? The government in that country has banned Hijaab and many Islamic tenets. In fact it has cancelled the Shariah. Is it necessary for Muslims to migrate from a country where they are not allowed freedom to perform even the basic Islamic rites? If the answer is yes, then the next question is: ‘If they don’t migrate, will they be sinners?’ We shall say no, they will not be sinners. They will be sinners only if despite finding a place to migrate to they refuse to do so.

Now if 10 million oppressed Muslims in a country which is openly hostile to Islam and Muslims, want to migrate, which country will accept them? In fact, if one poor Muslim, like yourself wishes to migrate, to which country are you going to migrate in the current world scenario? Firstly, the situation in all the countries of the world is the same. There is no country which is favourable towards Islam and Muslims. Secondly, no country will allow you to settle in their land. They will allow only wealthy persons who are able to invest large sums of money, or highly qualified professionals who can find jobs to settle in their lands. So when there is no country to which you can migrate, why will it be sinful for a Muslim not to migrate? Even all the mountains, jungles and deserts are under surveillance. A Muslim living on a remote mountain in any country will be abducted by America with the collusion of that country’s authorities, and be accused of being a terrorist. It is very easy to say that Hijrah is Waajib. But when we agree and say: Well, now migrate!, then the person is lost. He then will have no answer.

Those who say it is Waajib to make Hijrah, remain in the country despite raising the slogan of Hijrah. One has to be practical. We encourage people to migrate from Darul Kufr. But where will you today find Darul Islam? To which Darul Islam can you migrate? In fact, there is not a single Darul Islam today. Furthermore, Furthermore, there is not a single Darul Kufr that will accept you with open arms. To migrate from a hostile Darul Kufr to a friendly Darul Kufr is acceptable. But you will not find today a friendly Darul Kufr to accept you as a citizen. The issue of Migration is not as simple as the slogan-raisers understand it.

Where Can We Seek Refuge?

Q. I would like to know with all the fitnahs on a scale never seen before, what is the best way ahead? Is Hijrah (migration) an option to save oneself and family? If yes, which country? If no, how do we survive the epidemic of evil? What about the Hadith which mentions the refuge of the mountains and jungles?

A. It is clear that those who are conscious of the Deen and desirous of following the Sunnah are hemmed in on all sides. We are heading for times when according to the authentic Hadith, a man will wish that he was in the grave. The Fitnah appears to be total.  The issue of Hijrah (Migration) is extremely complex in this age. To which country can a practising Muslim migrate? While the Hadith regarding refuge in the mountains is authentic, if today you take to any mountain anywhere on earth, the satanic authorities will immediately be there to label you as a terrorist. You will be apprehended and sent to one of America’s Black torture dungeons. At this juncture in history, even the mountains do not offer succour to a true Mu’min. Rasulullah (sallallahu alayhi wasallam) had also predicted that the true Mu’min will flee with his Imaan from town to town, village to village, mountain to mountain like a hunted fox with the hunter hot on its trail. This is a sure Sign of the Approaching Hour.

There does not appear to be a single country, a mountain or a jungle where a Muslim can freely practise the Sunnah. All Muslim countries are worse than most kuffaar countries. The governments in Muslim countries actively harass orthodox Muslims and align themselves with America’s ‘terrorist’ concept and conspiracy. In other words, practising Muslims – Muslims who observe the Sunnah – are regarded as terrorists and valid subjects for persecution.

Last week the current ‘Hindu’ government (the Awami League) of Bangladesh declared that Bangladesh was not established for Islam, and that Bangladesh is not an Islamic country despite 98% of the population being Muslim. Thus, the government has issued a decree to ban the Islamic curricula of the Madaaris. Islamic political parties too will no longer be allowed in Bangladesh. All Muslim countries are following this trend of kufr.

From our experience, we find that Muslims in South Africa have the greatest freedom of religion comparatively speaking. We are more free to practise Islam here than anywhere else. Our problem in South Africa is not posed by the state. The state does not hinder Muslims who practise Islam. It is the evil of Muslims themselves who are actively dismantling the Shariah. While the government in South Africa allows us a large measure of freedom of religion, Muslims are plunging headlong into kufr, fisq fujoor and bid’ah The so-called modernist intelligentsia aided by the liberal ulama-e-soo such as the NNB, SANHA, MJC, UUCSA, and other criminal cliques of their ilk, who have treacherously sold their Imaan and betrayed Allah, His Rasool, Islam and the Ummah, are digging at the foundations of Islam to destroy the Deen of Allah Azza Wa Jal’, knowingly or unknowingly, intentionally or unintentionally. But all of them are in league with Shaitaan. They all come fully within the glare of the Hadith:

“Whoever honours a man of bid’ah aids in the demolition of Islam.”

If you carefully scrutinize the views, plots and activities of these various groups of modernists and ulama-e-soo’, you will not fail to discern that they all are munaafiqeen or operating in the shadows of the munaafiqeen – wolves in sheepskin – shayaateen in human bodies. Their avowed mission is to dismantle the Shariah in the name of Islam. Thus, you have them clamouring for abrogation of the Shariah with satanic devices such as MPL, and you find them conspiring to abrogate the Aqaaid (beliefs) of Islam with their Interfaith conspiracies and the like. You see supposedly ulama bodies such as the NNB Jamiat (the Fordsburg Jamiatul Ulama headed by one Reverend Abraham Bham) advocating, promoting and actively supporting and  participating in the condom cult. They support and promote the zina event – the world cup games – which has made provision for thousands of prostitutes and tens of millions of zina devices (condoms). Can you imagine a more satanic and immoral depth of degradation than this? Could you have imagined five years ago that an ulama body which claims to be the heir of the Jamiatul Ulama of Transvaal, would sink to the very bottom of the barrel of immorality by actively hosting and supporting the proponents of the zinacondom cult?

We are in the vortex of a violent hurricane of kufr, fisq, fujoor and bid’ah. It is every man for himself. The Ship of the Ummah is sinking fast. Save your Imaan as best as you can, for Rasulullah (sallallahu alayhi wasallam) said that in times such as these: “Shun the affairs of the public.” Nevertheless, those on whose shoulders rests the defence of the Deen, viz., the Ulama-e-Haqq, have to resolutely confront and fight all these forces of shaitaan who are masquerading as Muslims while their nifaaq simply drips from their faces and from every centimetre of their bodies. May Allah Ta’ala have mercy on this errant, fallen, disgraced Ummah.

Question:

We can see the signs of Qiyaamah are present today. How should we react?
Should we start moving to Syria and Yemen?

Answer:

Today you will not find even an isolated mountain to move to. You appear to be completely unaware of what is happening in Syria, Yemen and other Muslim countries. You have more freedom of religion here than in Syria and Yemen. None of these countries will allow you to settle in their lands. You have to live according to the demands of the Shariah to the best of your ability. It is, after all, not impossible to accomplish this feat.

Q. I wish to migrate from the U.S.A. To which Islamic state should I go?

A. Brother, you will find no Islamic state to which you will be able to migrate because in this age  there does not exist a single Islamic state although there are more than 50 Muslim countries. All these countries are governed by kufr systems. The rulers are kuffaar and munaafiqeen masquerading as Muslims. Furthermore, none of these countries will allow you to live permanently in their lands. You will be allowed a maximum of 3 months as a tourist. All the kufr governments controlling the Muslim countries are hostile to Muslims who endeavour to lead lives according to the Sunnah.

Mufti Taqi Usmani and Mufti Ibrahim Desai on Hijrah

Question

One of my friend told me that :

1. Migrate to Kuffar country is haram

2. Working in a kuffar country (which is not his home country) also haram since we are helping them to promote thier economy.

Is it true? If not, please provide me the source i just want to let him know about it.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

The ruling of Migration to a non-Muslim country, permanent settlement there and working etc. will defer from person to person according to the reason of migration.

A. If a Muslim is forced to migrate from his country because of him being prosecuted, imprisoned or his property being confiscated etc. then for him to migrate to a non Muslim country for would be permitted.

B. If one is forced to migrate due to financial reasons, him having no means of sustenance (in his present country) despite extensive effort to acquire his livelihood then it would be permissible for him to migrate to a non Muslim country.

C. If a Muslim migrates to a non Muslim country for Dawat purposes, then such a migration is rewarding.

D. If a person has sufficient means of livelihood in his native country and is able to live according to the average standards of its people and then migrates to live a life of luxury and comfort in a non Muslim country, then such a migration would not be free of Karahat (abnormity). (Contemporary Fatawa, Pg.295-297. Idara-e-Islamiat)

Hafiz Ibn Kather has quoted a narration which appears in Musnad Al-Ahmad that Rasulullah (Sallallahu Alayhi Wasallam) is reported to have said;

“All cities belong to Allah Ta’ala, and all people are His servants. Therefore wherever you find goodness live there”.

(Ibn Kateer, Vol, 3. Pg.392. Dar AL-Mufed)

(Marif Al-Quran, Vol. 6. Pg.710. Maktaba Dar Al-Uloom Karachi)

Hafiz Ibn Katheer further states; it is for this reason (as mentioned in the above hadith that with the commanded of Rasulullah (Sallallahu Alayhi Wasallam) a group of Sahaba migrated to Abyssinia when it became difficult for them to reside in Makah (due to the hardships they were facing at the hands of the disbelievers). (Ibn Kather, Vol, 3. Pg.392. Dar AL-Mufed)

The Sahaba (Radiallahu Anhum) migrated and lived in many non-Muslim countries for purposes of dawat, due to which the world saw and accepted Islam. Therefore it will be permissible to migrate & work in a non-Muslim country subject to the above conditions.

Finally, if a person adopts a non-Muslim nationality solely for the purposes of increasing his standing in society, pride and imitation of the kuffar, then all such actions will be haram.

(Contemporary Fatawa, Pg.298. Idara-e-Islamiat)

And Allah knows best

Wassalam

Ml. Safraz Mohammed,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

 

Question
Is it Haraam to live in OR MOVE to, a non-Islamic country? Are there any “Islamic” countries in this world at the present time? Is it OK to move from one country to another for better livelihood?

Answer
Kindly refer below a reply to similar query by Mufti Taqi Usmani.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Fatwa by Mufti Taqi Usmani

Question 1
What is the ruling regarding adoption of the nationality of a non-Muslim country? Many people who adopt the nationalities of these countries, or wish to do so, insist that they do so only because they are persecuted in their own countries, through imprisonment, threats and intimidation or confiscation of their property etc. Others see no difference between their own countries, which though Muslim, have no Shari?ah, and those of the West. They contend that whilst both are equal in having no Islamic laws, their personal rights, property and honour are safer in their adopted country, and they will not be imprisoned or persecuted without reason.

Answer
The issue of emigration to a non-Muslim country and permanent settlement there, is one on which the ruling would differ according to the situation, and the reasons for the emigration.

a) If a Muslim is forced by his circumstances to emigrate, e.g. he is persecuted in his country or imprisoned, or his property is confiscated etc., without his having committed any crime, and he sees no way out for himself other than to emigrate to a foreign country, then he would be permitted to do so in such a case without any Karahat (abhorrence) whatsoever, as long as he resolves to protect his faith, and keep himself away from the widespread evil found there.

b) Similarly, if a Muslim is forced to emigrate due to his financial situation, i.e. he cannot find the necessary means of subsistence despite extensive effort and he sees no alternative other than emigration to a non-Muslim country, then he is permitted to emigrate subject to the above conditions. Earning a livelihood through permissible means is also a duty for a Muslim, after his other Fardh duties, and the Shari?ah has not specified a certain place for it. Allah Ta’ala says:

“He is the one who has made the earth manageable for you. So traverse ye through its tracts, and enjoy of the sustenance which He furnishes; And unto Him is the resurrection.” (Surah Al-Mulk, v. 15)

c) If a Muslim adopts the nationality of a Non-Muslim country for the purpose of calling its people towards Islam, or to convey Islamic laws to the Muslims residing there, and to encourage them to stay firm on their faith, then this is not only permissible, but also a source of reward. Many of the Sahabah and Tabi’een settled in distant Kuffar lands for this very purpose, and this action of theirs is counted amongst their virtues and points of merit.

d). If a person has enough means of livelihood available to him in his native country for him to be able to live according to the (average) standard of his people, but he emigrates in order to raise his standard of living and live a life of luxury and comfort, then emigration for such a purpose has at least some degree of Karahat in it, because such a person is throwing himself into a storm of evil, and endangering his faith and moral character without there being any necessity for it. Experience shows that the people who settle in non-Muslim countries for luxury and comfort find their religious restraint diminishing in the face of the many temptations of evil.

Therefore, it is reported in the ahadith that one should not live with disbelievers unnecessarily.

Abu Dawood narrates from Samrah bin Jundub that the Holy Prophet (Sallallaho Alaihi Wassallam)said: “He who mingles with a disbeliever and dwells with him is like him.” Abu Dawood and Tirmidhi also report that the Holy Prophet (Sallallaho Alaihi Wassallam)said: “I am free (i.e. I disavow myself) from every Muslim who lives with disbelievers.” The Sahabah asked “Why, O Messenger of Allah?” He replied “The fires of the two cannot co-exist.” Khattabi says in his commentary on this hadith that it has several meanings. One is that the two (a Muslim and a Kafir) are not equal in Hukm (ruling) they both have different rules.

Some scholars take this view. Others explain the meaning as being that Allah has differentiated between the lands of Islam and Kufr and consequently it is not allowed for a Muslim to live amongst disbelievers in their lands, because when the Kuffar light their fires he will be seen as one of them. The scholars also derive from this the ruling that one should not stay in the lands of the Kuffar when visiting for trade etc. (Khattabi, Ma’alim-As-Sunan, K. Jihad, 473 : iii).

Abu Dawood relates from Makhool in his ‘Maraseel’ that the Prophet ? said: “Do not leave your children amongst enemies (i.e. Kuffar). (Tahzeeb As-Sunan, Ibnul-Qayyim, 437 : iii)

For this reason, some scholars say that living in Kafir countries, and increasing their numbers solely for material wealth, is an action which damages ones ‘Adala (integrity). (Takmila Raddul-Mukhtar, p. 101, v. I).

Finally, if a person adopts a non-Muslim nationality solely for the purpose of increasing his standing in society, and as a matter of pride, or in preference to a Muslim nationality, or in imitation of the Kuffar, then all such actions are Haram without exception, and there is no need to cite evidence for this.

Question 2
For the Muslims living in the West, bringing up their children in such an environment has its drawbacks and disadvantages, and it also has its benefits. There is a strong possibility of these children picking up habits from Christian and Jewish children with whom they play and mix. This is especially so in those cases where the parents neglect their children?s upbringing due to their work etc., or where one or both of the parents have passed away.

What would be the effect of this presumed harm be on the ruling regarding emigration to a non-Muslim country? At the same time, many Muslims who live there contend that in the non-Muslim countries their children run the risk of being led away from Islam through mixing with atheist and communist groups etc., especially when in some non-Muslim countries these groups are supported by the authorities, their beliefs and doctrines are included in the educational syllabuses, the minds of common people are poisoned with them, and those who oppose them are tortured and imprisoned. In such circumstances, living in that country is more dangerous for our children?s’ faith and their beliefs.

Answer
Bringing up children in a non-Muslim country is a serious issue, and is a matter that is fraught with danger, and therefore, should be abstained from as far as possible in those cases where emigration to and residence in a non-Muslim country has been termed Makrooh or Haram. However, in those cases where adopting a foreign nationality and living there is allowed without Karahat (abhorrence), since a valid reason exists, the same ruling would apply to bringing up ones children in that country. Such a person should then attend to the upbringing of his children with special attention, and the Muslims living there should create an environment in which newly arriving Muslims can properly protect and preserve their beliefs, actions and moral character.

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