Is the Permission of Parents a Prerequisite in Those Types of Jihad Which have become an Individual Obligation?
Translated by the Ansarullah English Team
Question number 4869
Subject: Jihad and its Rulings Question:
As-Salamu alaykum wa Rahmatullahi wa Barakatuh. To start with, I would like to say that I love you for the sake of Allah. My question is that my brother and I would like to set out towards our Mujahideen brothers in Libya to fight the Taghoot Gaddafi and his army, but my mother said that I am not allowed to travel outside the city to fight. She said that if they come to our city, then we can fight them. Is it an obligation to obey my mother, or is it allowed to disobey her, may Allah forgive us and her, and set out towards my brothers? I hope to receive a detailed reply. May Allah grant you success. Questioner (Pen-name): Uwais Al-Libi Reply: Bismillah-ir-Rahman-ir-Raheem. All praises are for Allah, and may peace and blessings be upon His Noble Prophet, and upon all his family and companions. To proceed: The scholars have stated that Jihad becomes an individual obligation (fard ‘ain) upon enemy arrival… Ibn Qudamah stated: Fighting becomes an obligation upon all able-bodied people when they are needed when the enemy has arrived. No one is allowed to stay behind except those who are needed to stay behind to protect people’s land, families and wealth; those who are forbidden to set out by the Ameer or those who do not have the physical ability to set out or fight. In this situation, it even becomes an individual obligation on women if they are needed. Khaleel bin Is’haq Al-Maliki stated in his Mukhtasar: It becomes an individual obligation upon enemy arrival, even upon women. He also indicated in his Mukhtasar that the permission of one’s parents is not required in those types of Jihad which have become an individual obligation. He said that among those factors which excuse one from fighting are: …parents, when Jihad is a communal obligation (fard kifayah). What is clear from this statement is that the same cannot be said about individual obligations. Al-Qurtubi (8/151) stated: If Jihad becomes an individual obligation, like when the enemy takes over some piece of land, or when they have arrived in Muslim mainlands, it becomes an obligation upon all those people of that land to set out to fight them, whether weak or strong, young or old, each person as much as they can, whether they have parents or not, whether permission was taken from them or not. None who have the physical ability to set out are to stay behind, whether it be to actually take part in the fight or to merely increase the number of Mujahideen present. Due to this, we say to our noble brother that if he can fulfill both goals, pleasing his mother and fulfilling some important tasks which the Mujahideen are in need of, then there is no need for him to leave. But if the Mujahideen are in need of his presence amongst them and there is no benefit in staying where he is, then his only permissible option is to leave and join them. No obedience is to be shown to creation if it means disobedience to Allah. Always keep the following verse in mind: وإن جاهداك على أن تشرك بي ما ليس لك به علم فلا تطعهما “But if they strive to make thee join in worship with Me things of which thou hast no knowledge, obey them not.” You must advise your mother and remind her that is it not allowed for her to prevent you from making Jihad, and that Allah has forbidden you from obeying her in this matter. Allah knows Best, and all praise is due to Allah, the Lord of all that exists. Sheikh Abu Mundhir Al-Shinqiti, Member, Shari Committee Minbar Al-Tawheed wal-Jihad