Topic: Shuroot ul-Jihaad (Jihaad and its Conditions)

yasin3683    -- 19-07-2010 @ 8:58 PM
Bismillaah Al-Hamdulillaah wa salatu wa salaamu 'ala rasulullaah
Amma ba'd

Shuroot ul-Jihaad (Jihaad and its Conditions), by Rasheed Barbee (hafidhahullaah), during the Islam vs Terrorism Conference in North Carolina  

After Khutbat ul-Hajjah, the khateeb mentioned six of the conditions of Jihaad that Shaikh Muhammad Bazmool (hafidhahullaah) put together from the Qur`an and Sunnah.

1- Al-Islam - the person has to be a Muslim
b- of age
c- a male
d - of sound mind

2- Permission of the Ruler (of his country)

3- Fighting behind that Ruler

4- Permission of the two parents (if they are Muslim); if parents are not present, then the grandparents

5- Preparation for Jihaad  

6- Having the ability to make Jihaad  

I'd like to begin this talk with a very important statement that you can find in the book of Shaikh-ul-Islaam Ibn Taymiyyah (rahimahullaah) - a book that has been explained by Shaikh Muhammad ibn Saleh al-'Uthaimeen (rahimahullaah) in his Muqadima fi Tafsir (Introduction to Tafsir).

It is obligatory to know that the Messenger of Allaah (salallaahu 'alaihi wa sallam) clarified the meanings of the Qur`an to his companions (radiallaahu 'anhum) in the same way he clarified to them the wordings of the Qur`an. So therefore, the statement of Allaah ta'aala (The Most High):

...And We have also sent down unto you (O Muhammad) the reminder and the advice (the Qur`an), that you may explain clearly to men what is sent down to them. (An-Nahl, ayah 44) Therefore, it entails this and this.

Meaning it entails him (salallaahu 'alaihi wa sallam) explaining the meaning and wordings. So he (salallaahu 'alaihi wa sallam) taught them the wording and the meanings. Therefore, the companions were fully aware of the meanings of the Qur`an.

And I mention this because, many a times a non-Muslim will read a verse of the Qur`an, whether they read the English translation or they become proficient in Arabic and they read it in Arabic. And from the verse [or translation] that they read, they come to their own conclusions of what it means. And this is not permissible. And many times the Muslims will read a verse of the Qur`an or a hadeeth of the Messenger of Allaah (salallaahu 'alaihi wa sallam) and will come to our own conclusion of what it means. But this is not permissible. Rather, we have to return our understanding to the way it was understood by the companions, as Allaah ta'aala says:

So if they believe in the like of that which you believe, then they are rightly guided, but if they turn away, then they are only in opposition. So Allaah will suffice you against them. And He is the All-Hearer, the All-Knower. (Al-Baqarah 2:137)

And if they believe in the like of that which you believe, meaning the companions, then they will be rightly guided. So when it comes to the issue of Jihaad, we must return our understanding to the way that the companions understood it.  

So we start with the meaning of this word Jihaad. The word Jihaad in the language does not mean "Holy War." It means to exert an effort, or to strive. And as Shaikh al-'Uthaimeen (rahimahullaah) said, "It is a four-letter verb: Jahada, Yujaahidu, Jaahid, Jihaadin, mujaahada." It means to struggle, or to put forth an effort. And many people erroneously think it means "Holy War," but it doesn't. And the clear proof is the statement of Allaah ta'aala:

But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not... (Luqman, ayah 15)

Here Allaah is speaking about Jihaad which is made by two non-Muslim parents against their Muslim child. If your two non-Muslim parents make a Jihad against you - as a Muslim child - to force you to associate partners with Allaah, don't obey them, but be to them in this world a good companion. The word Jihaad in the religion means much more than just fighting with the sword. Rather, it means a struggle.  

In the religion, Shaikh Fawzaan (hafidhahullaah) said it means: to strive in the worship of Allaah and in His obedience.

And it more vast than just killing; it is very broad. And Jihaad, ya ikhwaan wa khawaat fil Islaam (brothers and sisters in Islam) is old. Very old. Jihaad is not something invented when the Messenger of Allaah (salallaahu 'alaihi wa sallam) became a Prophet. It preceeded [Muhammad's Prophethood] by many years. As when Musa (Moses) and the people left from Fir'awn and they went to the Holy Land in Jerusalem, and they found there an oppressive people. So Musa said: O my people! Enter the holy land (Palestine) which Allaah has assigned to you, and turn not back (in flight) for then you will be returned as losers. (Al-Ma`idah, ayah 21)  

Here there were people who were oppressive, evil people who [occuppied] this land that belonged to the Muslims. The land is Jerusalem, so Musa was telling his people - the Children of Israel - to go into this land and make Jihaad against these people, and take the land back from the people. They said: O Musa (Moses)! In it (this holy land) are a people of great strength, and we shall never enter it, till they leave it; when they leave, then we will enter. (Al-Ma`idah, ayah 22)  

Two men of those who feared (Allaah and) on whom Allaah had bestowed His Grace [they were Yusha' (Joshua) and Kalab (Caleb)] said: "Assault them through the gate, for when you are in, victory will be yours, and put your trust in Allaah if you are believers indeed." (Al-Ma`idah, ayah 23)  

They said: "O Musa (Moses)! We shall never enter it as long as they are there. So go you and your Lord and fight you two, we are sitting right here." (Al-Ma`idah, ayah 24)  

He [Musa (Moses)] said: "O my Lord! I have power only over myself and my brother, so separate us from the people who are the Fasiqun (rebellious and disobedient to Allaah)!" (Al-Ma`idah, ayah 25)

First point: they had a land with an evil people. Allaah ta'aala commanded Musa to tell the Children of Israel to enter this land and take it back from the people by Jihaad.

Shaikh Fawzaan said that the Children of Israel were cowards. And they did not want to go into there. So Musa said: I have power only over myself and my brother.

Here is the first question: how did the battle turn out? Who won the battle?

[Answer:] No battle happened. These two men - the two men who feared Allaah regarding the blessing - advised the people who were not helping Musa to help Musa and they would be victorious. But the Children of Israel were cowards, and no battle took place. Why didn't Musa go fight? He was from the 'ulul al-'azam (the five best Messengers), and his brother was also a Prophet with him. Why didn't he fight?

Condition number six; he didn't have the ability. They didn't have the ability to win. If you don't have the ability to win the battle, you don't fight. And this is a refutation against those people who want to go to war with a rock. They want to fight against an airplane with a rock. No preparation. So this is from the conditions. And also this is proof - the shaikh said - that Jihaad is old [and not new].

[Another proof is:] So they routed them by Allaah's Leave and Dawud (David) killed Jalut (Goliath). (Al-Baqarah, ayah 251)  

The next question. I said that Musa and Harun did not fight this battle. So is it mentioned in the Qur`an that he ever made Jihaad? Na'aam (yes), it is mentioned. Surely, he made Jihaad against Fir'awn because Jihaad is not only with the sword but also with the tongue. So he made a Jihaad with the tongue against Fir'awn, and this is from the greatest forms of Jihaad.

As Imam Ibnul Qayyim (rahimahullaah) said, "Jihaad appears in the Qur`an in three different ways. It appears with the weapon. It also appears with the statement, as Allaah ta'aala said: So obey not the disbelievers, but strive against them [make Jihaad against them] (by preaching) with the utmost endeavour [with a great Jihaad], with it (the Qur`an). (Al-Furqan, ayah 52) Ibn 'Abbaas (radiallaahu 'anhumma) said:

'It' is the Qur`an.

And Shaikh Salim at-Taweel (hafidhahullaah) said:

Jihaad with the Qur`an (statement) is more difficult than a Jihaad with the sword, and it is more specfic (meaning less people can do it).

How's that? You can find a non-Muslim who is courageous and good with the weapon to make Jihaad with the sword all day long. The Prophet (salallaahu 'alaihi wa sallam) said, And Allaah may aid this Deen with an evil man (faajir). But how many people can stand with the statement of the Qur`an, and make a jihaad with the Qur`an against the hypocrites and the kufaar and bring the argument against them to shut them down. Only the 'ulemma (can do this). Only the 'ulemma!  [May Allaah preserve those righteous ones who are alive.]

And the Shaikh Fawzaan made a side point. Allaah says: Those to whom We gave the Qur`an, recite it "Haqqa Tilawita" (in a way that it should be recited) as it should be recited (i.e. followed). Here is the word tilawah. What does the word tilawah mean, or Yattluw? They translate it as those who recite the Qur`an with proper recitation. But then we have the verse: And by the moon as it follows it (the sun). (Ash-Shams 91:2)  So the word "talaha" means to follow. So this verse means those who follow the Qur`an the way it should be followed - not just recited. It means those who recite it in a proper way and live by it.

Because the Qur`an was not just sent down to be recited but also to work by it and to put it in your life [to be implemented and hold it as your 'aqeedah]. The recitation is not sufficient.

And Allaah says: O Prophet (Muhammad)! Strive hard [make Jihaad] against the disbelievers and the hypocrites. (At-Tawbah, ayah 73) What's the shahid (point of reference) here? We know, in Islam, the munaafiq is not fought with the sword. The Munaafiq is only fought with the tongue, with the argument. This shows that Jihaad is not only by the sword. Why is this important? Because later on when you hear the hadeeth that "Jihaad is present until the Hour is established," what kind of Jihaad is the Prophet (salallaahu 'alaihi wa sallam) speaking about? Is the meaning of this that you have to fight with the sword until the Hour or is this different types of Jihaad?

[Answer:] Different types; this is very important.

So Ibnul-Qayyim said: Jihaad is made with the weapon, statement and the action. Allaah said: And strive hard in Allaah's Cause as you ought to strive (with sincerity and with all your efforts that His Name should be superior)... (Al-Hajj, ayah 78) Meaning with your actions. And Ibnul-Qayyim said that Jihaad is fought against four, and you may be surprised that only one of those four is physical. He said that Jihaad is made against:

1- the self, against his own soul. And if a person cannot do that, then he is not fit to make Jihaad against anyone else. Ibnul-Qayyim (rahimahullaah) said, "You are with yourself all the time, and you cannot make Jihaad against yourself but you want to make Jihaad against someone else?" [Then the khateeb recounted an incident that took place in Eqypt, where he met a man in a store who claimed that he intended to go out Falestine and make Jihaad against the Jews - and he was adament about it. When the adhaan was called, the khateeb said to him "let's go pray," and the man said he didn't pray. Aoodhoobillaah! And the masjid was across the street.] He couldn't make Jihaad against his own soul to pray, yet he wanted to make Jihaad versus the Jews. So the first Jihaad we must make is against our own soul.

2- The second is against shaytan, because he is an open enemy, from his whispers and him encouraging  us to do evil. we have to make Jihaad against him by not obeying him.

3- The third of whom Jihaad is made against is the munaafiq (hypocrite). And who is the munaafiq? The munaafiq is the one who pretends to be a Muslim, but he is not really a Muslim on the inside. And no one really knows this except Allaah, unless Allaah ta'aala revealed it [in the Qur`an or the Sunnah]. So this Jihaad - against the munaafiqoon - is made by the tongue.

4- And the fourth Jihaad is the Jihaad against the kufaar, and that Jihaad is not always physical. This is the only that can ever get physical.

Is that clear?

Answering a listener's question, the khateeb stated again - as he had the first time - that the Imam Ibn Qayyim said that the one who cannot do Jihaad against his own soul is not fit to make Jihaad against anyone else. Not that he's unable; rather he is not fit to make Jihaad against anyone else. If you can't make Jihaad against shaytan - and we know that everyone has a qareen (companion) from the jinn with him all the time. He's never going to leave you [in this world]. So if you can't make Jihaad against that enemy who is always with you, then why go on a plane and chase another enemy down? This one is with you all the time!

Then what has to be understood, my brothers and sisters in Islaam, is the purpose for Jihaad. We mentioned that there are different types of Jihaad, right? What is the purpose of Jihaad?

A man came to the Prophet Muhammad and asked him about a man who fights because he is brave or a man who fights due to some type of nationalism (pride), or he fights to show off. So which one of these is fighting for the sake of Allaah? The Prophet (salallaahu 'alaihi wa sallam) said:
Whoever fights to make the word of Allaah the Uppermost (highest), he is in the path of Allaah.

Whoever fights to make the word of Allaah the Uppermost (highest), he is in the path of Allaah.

Allaah said: And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allaah) and the religion (worship) will all be for Allaah Alone. (Al-Anfal, ayah 39)

So there are a lot of points regarding this:

If the intent is to make the word of Allaah the highest, then fighting is a wasila (a means) to get to the end - but not the goal. Meaning what?
What is the Word you are trying to make the highest? La illaaha il Allaah (there is none deserving of worship except Allaah).

This means those fighting have to be Muwahidoon (those who single out Allaah in everything specific to Him, including worship). Why would a person who commits shirk with Allaah fight Jihaad? A person who commits shirk, worships the graves, makes du'aa (supplicates) to the awliyaah ("saints"), how is he going to make the Kalima (Word) of Tawheed the uppermost, while he himself doesn't practice Tawheed?

Also what we understand from this is what happened with the great Prophet Sulaiman ('alaihi salaam), who amassed his troops (in case of a) war against Bilqis. [But first,] he wrote [As Allaah informed us]:

"Verily! It is from Sulaiman (Solomon), and verily! It (reads): In the Name of Allaah, the Most Beneficent, the Most Merciful. Be you not exalted against me, but come to me as Muslims (true believers who submit to Allaah with full submission).'" (An-Naml, ayat 30 and 31)

What do we understand from this? He gave her a letter, giving her da'wah.

Shaikh Fawzaan said:

Jihaad has to be preceeded by Da'wah.

He wrote her a letter, giving her da'wah, calling her to Tawheed. So first, he gave her da'wah before Jihaad.

And this was also done by the Messenger of Allaah (salallaahu 'alaihi wa sallam), as comes in the hadeeth of Anas (radiallaahu 'anhu). He ordered for a letter to be written to oppressive rulers Kisra and Caesar, and Najashi, giving them da'wah to Allaah. The Messenger of Allaah used to order for letters to be written to rulers, giving them da'wah. He (salallaahu 'alaihi wa sallam) used to give people da'wah before Jihaad.  

Yet you don't find these people today who claim "jihaad" giving da'wah. Rather they do the opposite by running people away from Islam. As Shaikh Fawzaan said: they give the impression that Islam is a barbaric religion that is all about killing. So they run the people away from Islam.
Also, Shaikh Fawzaan mentioned the verse:

Have you not thought about the group of the Children of Israel after (the time of) Musa (Moses)? When they said to a Prophet of theirs, "Appoint for us a king and we will fight in Allaah's Way." (Al-Baqarah, ayah 246)

Raise for us a king so we can fight in the path of Allaah. What's the point of reference here?  

Seeking leadership! Shaikh Fawzaan says:

This shows they were not going to fight the battle until they had a leader. Because Jihaad has to be with the permission of the Imam (ruler). There's no Jihaad without the ruler!

This is the condition that I want to bring home the most here in America! That it is not the right of any individual or any group to go out on an offensive Jihaad. Not permissible! Can't do it. The only one who can declare war is the ruler. No one else. No one else.

And there are many proofs that we will bring throughout the night in sha` Allaah that the Jihaad can only be initiated by the ruler.

The Prophet (salallaahu 'alaihi wa sallam) said: The Imam is a protection, and the battle is fought from behind him. The people fight from behind the Imam.

Ya ikhwaan wa khawaat, before I mention some of the conditions, something has to be understood and brother 'Umar Quinn (hafidhahullaah) alluded to this last night about the detail of Islam.

Now, if I may ask a question: when you entered the masjid, what was the first thing you did? You stepped in the masjid. Which foot did you step in with? [Right foot.] Why did you do that? [Because that's the Prophet's (salallaahu 'alaihi wa sallam) Sunnah.] And then did you sit down or pray two rak'ah? [Two rak'ah Tahiyat al-Masjid.] And for those who went into the hamaam (bathroom), which foot did you enter with? [Left Foot.] Did you make du'aa? [yes.] When you came out, with which foot did you come out with? [Right.] Did you make a du'aa? [Yes.] When you leave the masjid - bi-idhnillaah - which foot will you be leaving with? [Left.] When you get in your car, do you make a du'aa? [Yes.] When you enter your home, do you make a du'aa? [Yes.] When you leave your home, do you make a du'aa? [Yes.] Has anyone had a child recently? When you have a child, what do you do? [Sacrifice an animal.] Can you sacrifice a chicken? Why not?

So do we think that Allaah 'azza wa jall has given us guidelines on how to enter the masjid, how to leave, how to enter the bathroom, and how to leave the bathroom, how to sacrifice an animal, what animals you can sacrifice and what animals you can't, but when it came to Jihaad we may do it any way we want? There are guidelines on which animal you can sacrifice, but you can kill any human you want to? Only kill certain animals, they have to be a certain age, a certain type. You can't kill a chicken [except with specfic conditions], but come to a human, kill any human you want to: man, women, children? You think your Lord sent down His Deen like that? We have guidelines on how to go to our families, what to say when we sneeze, what to say when we eat; eat with your left hand or right hand? [Right.]

Allaah ta'aala gave us that detail, but [you think] when it came to Jihaad, it's up to you?

And if you ask anyone who is a so-called "Jihaadi," what are the conditions of Jihaad, he can't tell you.

What is the greatest deed in Islam, the greatest action after the shahaadah? A man said to the Prophet Muhammad (salallaahu 'alaihi wa sallam): what actions are best? The Prophet (salallaahu 'alaihi wa sallam) said: The salat in its fixed time, kindness to parents, and Jihaad. So if the best deed is Salat in its fixed time, and it's time to make the Salat, and I stand up and make the takbir [and pray opposite the qiblah] is the salat accepted? [No.] Why not? Because I am not facing the qiblah, right? So there are conditions with the salat. If I take my parents to church, is that from the best deeds [kindness to parents]?

Allaah said: But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not... (Luqman, ayah 15)  So if I take my parents to church, I am not doing a good deed. So good deeds have conditions. Salat is the best beed, but if you stand up and pray, and you're not in wudhu, you have no salat.

If you have wudhu, but you're not wearing any clothes, no salat. A mistake many of the brothers make - may Allaah forgive me and you - is when they find the Imam in ruku', they want to hurry up and catch the rak'ah, what do they do? They rush to go into ruku'. What's the problem here? No takbiratul Ihram, no opening takbir [which is a pillar from the pillars of the salat]! No salat!  

You find many people when they make salat, they pray and their mouth is closed. And they're reciting in their mind. No salat! The lips have to move for it to count.

Details. Details.

So how can it be that Jihaad has no details? It's not possible. Jihaad has details that have to be followed in order for it to be accepted. Is this clear? [Al-Hamdulillaah.]

And we have some statements from the 'ulemma, showing this [second] condition, and tonight in sha` Allaah, we will mention the refutations of the doubts, because there are many doubts that the people bring; the people of takfir bring different doubts to try to shoot down the conditions. [Aoodhoobillaah!] The 'ulemma have refuted these conditions in a very clear and simple manner. And also we will mention what they call "mawani' shahaada", that which will prevent the person from becoming a shaheed (martyr). A person will leave thinking he's going to be a shaheed, and he will do something that will prevent him from becoming a shaheed, and it may land him in the hellfire. Aoodhoobillaah!

So he Shaikh Fawzaan mentioned the verse of Allaah: O you who believe! what is the matter with you, that when it is said to you march forth in the Cause of Allaah (i.e. Jihaad) you cling heavily to the earth?.. (At-Tawbah, ayah 38)

What's the point of reference here? What condition do we get from this? Getting permission. When it is said to you, not when you decide yourself to go, but When it is said to you. When you are told to go in the Path of Allaah by the Imam (ruler).

As Shaikh Fawzaan said: These ayat that mention going to Jihaad, Allaah ta'aala is speaking with the leader; He is not speaking to the individual. Allaah is speaking to the leader.

And as the brother mentioned last night regarding Dhul-Khwaisrah, the founder of the Khawaarij. So when he said, "Be just o Muhammad." Many mistakes in this, such as calling him by his first name [in addition to rebelling against him]. Disrespect. The sahaaba (companions) say, "O Messenger of Allaah." But the Jews would say, "O Musa," calling him by his first name. Disrespect. Dhul-Khwaisrah told him to be just. 'Umar said, "leave me to take his head." What lesson do we take from this?

['Umar sought] permission. 'Umar didn't chop his head. 'Umar said, "Leave [let] me to take his head." He asked permission. If you could make your own Jihaad, he would have just chopped his head off, and his head would have rolled down the street, and everybody would have gone about their business. But 'Umar asked permission to do so. Jihaad is only with the permission of the ruler, ya ikhwaan. He asked permission, "Leave me to cut off his head."

Imam at-Tahawee (rahimahullaah) said:

Jihaad remains with the leader of the Muslims - whether they are pious or wicked - until the hour is established. That Jihaad remains with the ruler.

Shaikh al-'Uthaimeen (rahimahullaahh) said:

It's not permissible for the army to make a war except with the permission of the ruler regardless of what the affair is, because the one being addressed with the Jihaad is the ruler - not the individual. And the only exception is Jihaadu dafa' (defensive Jihaad). Defensive Jihaad.

So there is a difference. You have the offensive Jihaad and the defensive Jihaad. And the purpose of the offensive, ya ikhwaan, is to make the statement of Allaah the highest, but it doesn't mean to force people into Islam. Allaah said: There is no compulsion in religion... (Al-Baqarah, ayah 256)

Shaikh Fawzaan said:

The offensive Jihaad is only to protect the Muslims who are being oppressed and to stop the people from preventing Islam from being heard.

But it's not to force anyone into the Deen of Islam.

Shaikh Fawzaan said:

Everything that comes with making Allaah's word the highest comes with it such as: spoils of war (anfal), getting their land, taking slaves. These are things that come with it. [They're not the aim, but rather a reward that comes with making Allaah's word the uppermost.] And the proof is if they accept Islam before the battle, there is no battle [and therefore no spoils of war].

When they went to Makkah, how long did the battle last? There was none. When 'Umar ibn al-Khattab ent to Jerusalem, what happened? They gave him the keys. If the goal would have been killing, he would have said, "Okay, I've got the keys, let's open the door and start killing."

There was no battle. So that was the statement of Shaikh al-'Uthaimeen that it is not permissible for the individual to initiate Jihaad.
Shaikh Fawzaan said that there is no Jihaad except by the permission of the leader (ruler), because with him is the rectification and without him is confusion. And the only exception is defensive Jihaad, but this doesn't mean "we're at war with America, therefore I'm on the Defensive Jihaad."

Shaikh Fawzaan said, "if you're afraid of his dog" - meaning the danger is right there and you don't have time to get permission [then defensive Jihaad is allowed]. Shaikh Fawzaan said, "You even need permission in a defensive Jihaad, if you have the ability to ask permission." If you have enough time to ask the ruler, you have to do so. If there's not enough time because the danger is right there, then you can defend yourself.

And we need to explain to the people in America that what they have from their wars, they got it from Islam, but they - of course - messed it up along the way. Think about it: and this one thing that we must explain especially to the Muslims, as many times you find they invite the non-Muslims to the Masjid and they say, "Watch us pray, we all make ruku' at the same time, we make sujud at the same time - we have order." But then they want to go out and bomb and kill everyone, and show no order.

So an example is, could you imagine...a group of [the kufaar] declaring war against 'Iraq or 'Iran by themselves? They would have to wait for permission from who? The President. But if they were on a ship, and they were attacked, they could defend themselves... But you cannot initiate something without the permission of the ruler, because he knows the ability, and he knows the benefit and the harm.

In sha` Allaah what I want you to hear is the scholars' refutation of these doubts, as the scholars are refuting the Khawaarij's doubts in a real easy way. The point of reference is all these conditions have to be present.

1- Al-Islam - the person has to be a Muslim
b- the person has to be the right age
c- has to be a male, as when 'A`ishah asked if Jihaad is prescribed for women, the Messenger of Allaah (salallaahu 'alaihi wa sallam) said: Yes, a Jihaad which is without fighting; it is the hajj and the 'Umrah.  
d - of sound mind

2- Permission of the Ruler (of his country)

3- Fighting behind that Ruler

4- Permission of the two parents (if they are Muslim); if parents are not present, then the grandparents

5- Preparation for Jihaad  

6- Having the ability to make Jihaad  

I will mention these again when we mention the 'ulemma's refutations of the people of takfir.

Q&A Session:

First Question: Someone asked a question which could not be heard.

First Answer: The khateeb answered it by pointing that it falls under the third condition, then added the following benefits bi-idhnillaah:

When the Messenger of Allaah (salallaahu 'alaihi wa sallam) sent Mu'adh to yemen, did he send him to fight Jihaad? [No,] he sent him to give da'wah to those in yemen. Do you know which religion those in yemen were upon. [Ahlul-Kitaab, yes,] but do you know which religion (specifically)? They were Jews (not Christians). And when I was in Yemen, I saw that there were still many Jews in Yemen, from Yemeni descent in the north. He (salallaahu 'alaihi wa sallam) sent [Mu'aadth and Abu Musa] to give them da'wah, and most of them became Muslim. The point is da'wah preceeded fighting.

Second Question: Since we haven't had a Khalifa since the 1920s, will we get another one? How is this action done?  

Second Answer: So this is another doubt which the 'ulemma addressed. And I'm going to answer this in sha` Allaah by presenting this question to you: who was the first King in Islam?

Many people say that "because King Fahd or the kings of Saudia Arabia are Kings, and Islam doesn't have Kingship, therefore we don't have to obey them. Therefore, there is no ruler, therefore I am going to make my own Jihaad, me and my peoples."

So who was the first King in Islam? And we are speaking about the time after the Messenger of Allaah (salallaahu 'alaihi wa sallam). This person said, "I am the first of the Kings." (Abi Zayd al-Qayrawaanee [1/96].) He said this (about himself). [It was] Mu'awiyah. [Yes,] Mu'awiyah.

The Messenger of Allaah (salallaahu 'alaihi wa sallam) informed us there would be 30 years of Khilafa upon the Prophetic Methodology. [The Prophet (sallallaahu 'alayhi wasallam) said: The khilaafah after me is thirty years, then there will be biting kingship. (Ahmad)] And after that, there shall be kings, some of them righteous and some of them not righteous.

Mu'awiyah said, "I am the first of the Kings." Was Mu'awiyah from the sahaaba or not? He was from the sahaaba (radiallaahu 'anhum ajama'een). So a person being a king, as the 'ulemma explain, only means they are going to pass down rulership by inheritance. That's all it means. It doen't mean if there is a king, they rebel against him. It means it is going to be passed down to his son, his son and like that. So the 'ulemma say that really the Islamic Khilaafa did not end in 1920 (1344 H); it ended with 'Ali (radiallaahu 'anhu), because after that everyone become a leader based upon kingship. They inherited it.

So the khilaafa didn't end in 1920; it ended way before that [more than 13 centurie

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