Conditions of Jihad ( Holy War )

    

CONTENTS

 

JIHAD ( Holy War )


Initiation of Jihad and Other Issues
 

Q 1062: What is the rule concerning the initiation of fighting {jihad ibtida'i} during the occultation of the Infallible Imam (a.s)? Is it permissible for the qualified Islamic jurist faqih} possessing state power (the Leader or wali amr of Muslims) to order it?
 

A: The opinion which affirms the permissibility of such an order for the qualified Islamic jurist administering the affairs of Muslims, when he believes that expediency requires it; is not improbable. Rather it is the more well-founded {aqwa} of the opinions. 
 

Q 1063: What is the rule concerning one's duty towards the defense of Islam when it is felt to be in danger, but the parents do not give consent?
 

A: The obligatory defense of Islam and Muslims does not depend upon the parents permission. Nevertheless, it is good to try to obtain their consent when possible. 
 

Q 1064: Does the rule of the dhimmis apply to Ahl al-Kitab who live in Islamic countries?
 

A: As long as they obey the rules and regulations of the Islamic government under which they live, their rule will be the same as that of mu`ahids {those who have entered into a peace treaty with Muslims}, as long as they do not anything contrary to security. 
 

Q 1065: Is it permissible for any Muslim to take possession of any kitabi or non-kitabi kafir, man or woman, in a kafir country or in an Islamic one?
 

A: It is not permissible. But in case the kafirs attack Islamic lands, deciding the fate of the prisoners of war lies within the competence of the Islamic ruler, and Muslims as individual do not have such powers. 
 

Q 1066: If, supposedly, the preservation of the genuine Muhammadan Islam depends on shedding the blood of a person whose life is inviolate {muhtaram}, is it permissible for one to commit such an act? 
 

A: According to Islamic law, shedding the blood of a person whose life is inviolate, is forbidden and contradicts the rules of the genuine Islam of Prophet Muhammad (s). Therefore, it does not make sense to say that the preservation of the genuine Muhammadan Islam depends on killing an innocent person. But if what is meant is the mukallaf's commitment to jihad in the way of God, the Almighty, and defence of the genuine Islam of Prophet Muhammad (s), in conditions in which he may be killed, the cases differ. If the mukallaf feels, on the basis of his judgment, that the very existence of Islam is in danger, it will be wajib on him to rise for its defence, even if there is fear of being killed.