Jihad between defense and attack:
No one can deny that Jihad against those who attack our homes is obliged. Scholars call it "Defensive Jihad" and it is listed as Fard Ain which is obligatory to all Muslims and is called "Obligatory Jihad".
This kind of the only one found in Islam. There is kind called "Optional Jihad" which is explained by Ibn Taimia he said "If the enemy wants to attack Muslims, it is necessary and obliged to defend against it to those it concerns. And those who are not concerned, it is a duty to Help them ".
"....and if they ask your help in matters of faith, you are obliged to help them, except against a people with whom you have a treaty ...."(surah 8 – 72 )
The prophet (PBUH) ordained that we should support Muslim whether he is paid to practice Jihad or not. It is obliged to the person who exerts his soul or money, the majority or the minority, walking or riding or other kinds of Jihad. Allah the Almighty did not give a permission to any one to leave Jihad in the battle of Khandaq (The great Hole).
Allah the Almighty gives the permission if the enemy asked to stop fighting. Allah divided them into two Kinds. One who comes out for Jihad and anther who preferred to stay at home "....And a group of them asked the prophet's permission saying."Our homes are vulnerable; yet they were not vulnerable, they only wished to flee" (surah 33 – 13)
This Kind of Jihad is for defending our religion, souls and entity. It is an obligatory fight. The other is Jihad for making the word of Allah the superior and to frighten the enemy e.g. the battle of Tabook so it is optional.
Defense Jihad is an obligatory are, but the Jihad for promoting Islam out of the Islamic borders is optional, Fard Kefaya.
The Jihad for promoting Islam is decided by ruler and him according to the profits which are achieved by this Jihad.
When we get the idea of the difference between the two Kinds of Jihad, some modern scholars see that Jihad is practiced to defense against the aggression on Islam and Muslims. Jihad for promoting Islam is not found in the Islamic Sharia.
The attitude towards Jihad for defense and for promoting Islam:
We have got three attitudes:
1-Jihad for both aims is legal from the view point of Islamic Jurisprudence
This idea has been agreed upon by the majority of the following companion of the Prophet (PBUH) and the proofs from the Quran and the Sunnah.
".....And fight them until there is no more persecution and the Religion prescribed by Allah is fully established." (Surah 8 – 39)
"But if they break their oaths after their treaty, and revile your Religion, then fight the leaders of unbelief, that you may restrain them, for their oaths are worthless" (Surah 9 – 12)
" fight those who do not believe in Allah and the last Day , Who do not for bid what Allah and His Messenger have forbidden , and do not adopt the true Religion ( Islam )from among the people of earlier Scripture, until they pay the Jizyah ( tax ) with willing submission and feel themselves subdued ." (Surah 9 – 29)
".....And fight the unbelievers all together even as they fight against you all together, and know Allah is with those who are pious" (surah 9 – 36)
The see the conquests of the wise caliphs and the Ummayad and abbasi state when Islam went to china and Andalusia (Spain and Portugal). These conquests can not be seen as defensive Jihad.
2- The legality of "Defensive Jihad, not Jihad for promotion Islam "
This principle is adopted by some modern scholars who see the proofs some Quranic Verses:
".....And fight in Allah's case those who fight you, and not transgress, surely Allah dose not like the transgressors" (Surah 2 – 190)
"There is no compulsion in Religion (Islam). Truth has become clear from error," (Surah 2– 256)
Jihad for spreading Islam is considered coercion in religion: which banned by the judgment of this verse. They think that Jihad for spreading Islam when the Islamic nation is weak will lead to hatred of other nations which possess the power all over the world.
This idea appears to be like the second one when you first look at it they think that Jihad for defending Islam is obliged. They think that, defense means helping the weak all over the world and supporting the Islamic minorities wherever they are. They also think that it means struggle against tyranny and aggression and showing muscles all over the world.
They believe that Jihad for promoting and spreading Islam is connected to the hindrances which the enemies of Islam put them against spreading Islam. When ever the enemies of Islam do not put these hindrances and Muslims were allowed to spread their religion wherever they want, Jihad here is unaccepted. They got their proof from this Hadith.
The prophet (PBUH) ordained some of His men who were in charge of the arm: "you will get people who have the Book , call them unto Allah testifying that there is no God but Allah and I am the prophet of Allah .if they do , you should tell them that Allah the Almighty has ordained a daily five _ prayers . If they do, you should tell them that Allah has ordained Sadaka taken from the rich to be given to the poor ..........".
They get their proof from that Hadith hat as long as you have the opportunity to call people unto Allah , it is not accepted to more to the following step , Jihad , as away to call unto Jihad .It is noticed that the way for Dawaa (calling unto Allah ) is not hindered and the response to that Dawaa is increasing .
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