Firstly, Salamu Calaykum
I have lately wondered whether the ICU declaration of Jihad is legitimate Jihad or an act of aggression.
A little note first:
I have extreme love for the Diin and my posts are not based on qaybalaad as opposed to others. I have encountered many ICU-supporters on this forum who ally with ICU and support them based on the fact they have family or qabiil ties with them. I have also come across some honest individuals who support them based on the love for the Diin but the problem with these individuals is that they provide unconditional support and really lack the knowledge that they some of the acts performed by the ICU were un-Islamic and thus you will see them rooting for them whilst they commit these blameworthy acts. In Islam, there is a rule called al-Walaau wa Al-Bara which means you love, support, condone things that agree with Islam whilst you hate, condemn, disapprove things that goes against Islam. Thus, if a Muslim commits un-Islamic deeds, we condemn them and not praise them.
Let us list the conditions of al-Jihad ud-Dafac (Defensive Jihad) according to the Islamic sources. Jihad ud-Dafac is the second type of Jihad and it is first type of Jihad practised by the Prophet (SCW) in Madinah (al-Badr Battle). This type of Jihad is based on two conditions only and that is if an attacking enemy invades the boundaries of the Muslim soil and forces the Muslims in a defensive position or if the Kuffar holds Muslims as hostages. Once that happens; it becomes ‘fard cayni’ meaning an individual obligation on every Muslim living there to repel the invading enemy or invade the Kuffar’s land if it based on the second condition. This type of Jihad has been practised by Muslims throughout the centuries, such as when Sheikh-ul-Islam Ibn Taymiyyah declared Jihad ud-Dafac against the Tartars (Mongols) who invaded the Muslim lands or the time when a Muslim woman was captured by the Christian forces and the Khalif declared Jihad or the recent resistance fought by the Afghan Mujahidun against the Soviet attack.
What is the meaning of individual obligation (fard cayni) and does it extend to children? Individual obligation is only applicable for those who are able, namely the men, women (by assisting the men with medical aid but in offensive Jihad, they are exempt). That means, those who have reached maturity and have sound mind. This is based on a hadith narrated by Caaisha (RH) who said that the Nabi (SCW) said:
“The pen is lifted from three: the one who is asleep until he wakes up, the one who Allah tests (with insanity) until he recovers, and the child until he is mature.”
Now let us go back to the primary question and that is whether the ICU announcement of Jihad is valid. I will list the points that will manifest if their call for Jihad is in actual conformity with the sources of Islam.
Valid points:
1. The ICU has declared Defensive Jihad based on the invasion of foreign forces which is correct.
2. The ICU hosted several public protests to boost the morale of the citizens and the fighters which is again Islamically correct and this is based on an ayah in Surah an-Nisa:
“Ee Ku Dagaallan Jidka Alle lama mashaqayn Naftaada mooye, kuna boorri Mu'miniinta (Dagaalka) wuxuu u dhawyahay Alle inuu idinka reebo dhibka kuwa Gaaloobay…” (4:84)
“Then fight in the Way of Allah, you are not tasked except for yourself, and motivate the believers (to fight along with you), it may be that Allah will restrain the evil might of the Kafirun…”(4:84)
3. They have closed down the universities and schools which is correct.
4. They have the correct Cagidah which makes the Jihad more legimate as opposed to the Lebanon Rafidis (Shias) who had the wrong Cagidah and thus rendered their Jihad invalid.
5. They have invited ajnabi forces which is actually correct if these forces are Muslims and is it an obligation that neighbouring Muslims should join the struggle but at the same it is incorrect based on the type that they have invited(see point 5)
Now to the points made by ICU that contradict the principles of al-Jihad.
Invalid Points:
1. Urging children who have not matured yet to participate in the war. This is Xaran and is blameworthy since children are in the same category as the disabled, the sick and the mentally unstable people.
2. Some of the leaders in the organizationÂ’s niyyah (intention) are questionable and thus call for Jihad based on false pretences
3. Deception may be used in Jihad against the enemy but ICU went overboard by spreading false news in every press conference which is reprehensible according to the Islamic Law.
4. They have rushed with the Jihad instead of organizing an army, and instilling the love of the Diin in peoplesÂ’ hearts and poor organisation goes against the way of Prophet.
5. They have invited foreign Muslims whose methodology is dangerous. These Muslims believe that suicide-bombing is allowed in Islam and mostly possess the Khwarij traits by urging rebellions and passing unnecessary and unlawful takfir. Most of them are ignoramuses who have no real understanding of the correct Islam and it is dangerous and unlawful to cooperate with them.
6. If they have invited Eritrean troops and it is confirmed then their call to Jihad is void and invalid.
Now, based on these points, I believe their Jihad is somehow legitimate and should be supported based on the condition that they havenÂ’t invited Eritrean Kaffirun. If they did, their Jihad becomes void and invalid. We should never EVER side with the Mushrikun. The only acceptable way to take the Mushrikun as allies if if the Muslim ruler is battling other Mushrikun and requires their aid based on necessity.
Lastly, this does not mean that I fully support the ICU because I could write a whole essay detailing the un-Islamic blunders that they have committed but since this is a matter of legitimate Jihad; they should be supported for the time being and in fact, participating in the war is a real chance to attain martyrdom. My awoowe (Allahu naxaaristo) lost his whole family to Jihad against the colonialists and they have attained martyrdom, alxamdullilah.
How wonderful it is to attain martyrdom. May Allah (tacala) open the way for me and other Muslims to participate in this war, amiin.
