Jihad legislated or not?

It has reached us that some people are confused as to waging Jihād against those who claim to be Muslim – Is this Jihād legislated or not?

A treatise written by some students of Shaykhul-Islām Muhammad Ibn ‘Abdul-Wahhāb (rahimahumullāh), Al-Hamdulillāh, and we praise and thank Him… It has reached us that some people are confused as to waging Jihād against those who claim to be Muslim – Is this Jihād legislated or not?

So we respond, and success is from Allāh: This Jihād is legislated (Mashrū’) for a number of reasons:

١) One of them is “rebelling against the (Muslim, Muwahhid) ruler of the Muslimin”. So whosoever rebels against the (Muslim, Muwahhid) ruler, then it is obligatory upon the entire Ummah to wage Jihād against them…

٢) The second matter which requires Jihād against whosoever perpetrates it, is not performing Takfīr of the mushrikīn, or doubting their Takfīr; because this is from the nullifications of Islām, and it invalidates it. And the proof for this is the statement of the Prophet (saws), “Whosoever says: ‘None is worthy of being worshipped, except Allāh,’ and disbelieves in whatsoever is worshipped other than Allāh, then his wealth and blood are protected, and his reckoning is with Allāh.” So he has attached the safety of one’s life and property with two affairs:
1) The statement “Lā ilāh illā Allāh”, and 2) disbelief in whatsoever is worshipped other than Allāh. Thus, the blood and wealth of a person is not protected unless he fulfills both stipulations. Firstly, the statement “Lā ilāh illā Allāh,” and the goal is its meaning, not merely its recitation; and its meaning is the singling out of Allāh with every type of ‘Ibādah. And the second stipulation is “disbelieving in that which is worshipped other than Allāh”, and this implies making Takfīr of the mushrikīn, and declaring Barā’ah from them and whatsoever they worship along with Allāh.

So whosoever does not do Takfīr of the mushrikīn of the Turkish kingdom [Ottoman Empire], and the grave-worshippers, those who worship saints, and forsake the Tawhīd of Allāh, and disguise the Sunnah as a bid’ah – then such a person (who doesn’t do Takfīr upon them) is a kāfir just like them, even if he hates and despises the religion of the grave-worshippers, and loves Islām and the Muslimin…

٣) The third matter that obligates (Wājib) waging Jihād against whosoever commits it, is Mudhāharah, and assisting the mushrikīn against the Muslimīn, whether physically or through speech, or through the heart [loving them], or through wealth – then such a person is kāfir outside of Islām. So whosoever aids the mushrikīn against the Muslimīn, or gives the mushrikīn some money with which they can benefit in their war against the Muslimīn – through his own choice [and not through coercion] – then such a person is a kāfir. As Shaykh Muhammad Ibn ‘Abdul-Wahhāb (rahimahullah) said, “The eighth nullification of Islām: Helping the kuffār and cooperating with them against the Muslimīn. As Allāh (Most High) has said:
"And if any amongst you takes them (kuffār) as awliyā, then surely he is one of them (kuffār)."

So whosoever fits any of these descriptions which nullify Islām, or forbids any of the manifest symbols of Islām, or abstains from instituting a manifest law from the Sharī’ah, then Jihād is to be waged against them until they accept it and apply it.

And so by this, it will become clear to you that doing Jihād against these people is from the most virtuous Jihād – but none will be able to realize this fact except the wisest people. But as for those who have no wisdom at all, then they do not believe in any Jihād except against the worshippers of statues only – but as for those who pronounce the Shahādatayn, then those ignorant people do not view any Jihād against them. And this matter has become complicated to even the best men in this era. As ‘Umar said to Abū Bakr: “How is it that you will fight these people? Even though the Messenger (saws) said, “I have been ordered to fight the people, until they testify that “There is none worthy of being worshipped, except Allāh”. So if they say this, then their blood and property are protected from me, except for its rights?” So then Abū Bakr replied, “Indeed Zakāt is from its (the Kalimah’s) rights. And I swear by Allāh, if they were to refrain from giving a young she-goat that they used to give during the time of the Messenger (saws) then I would fight them for that.”

So this proves that whosoever refrains from a right (requisite) from the rights of Islām, then Jihād is obligatory (Wājib) against him, and this Jihād is one of the most virtuous deeds. And the only one that would be able to truly realize this, is he who is from amongst the wisest and most knowledgeable of mankind, so he should praise Allāh for that blessing. And the evidence that only the wisest people would be able to grasp this, is the discussion between Abū Bakr and ‘Umar. Abū Bakr understood that waging Jihād against them is the Truth, even though they uttered the Shahādatayn and abandoned shirk – but ‘Umar did not understand this, until Abū Bakr explained it to him. And the ‘Ulamā’, may Allāh have mercy upon them, counted this as one of the virtues of Abū Bakr; So this is enough for whosoever intended to find the Truth. But as for those whose hearts have been blinded by whims and desires, then there is no chance in him.

Wa lā hawla wa lā quwwata illā billāh al-‘Aliyy al-‘Athīm. Wa Huwa hasbunā wa ni’ma al-Wakīl. Wal-Hamdu Lillāhi Rabbil-‘Ālamīn. Wa sall Allāhu ‘alā Nabiyyinā Muhammad, aa Ālihi wa Sahbihi wa sallam.

                                                        [Ad-Durar as-Saniyyah (9/290-293)]