Prominent Muslim scholars have always maintained that jihaad is allowed
only under the authority of the State:
And the third category of collective duties is one in which [the
authority of] the State is a [necessary] condition; for example, jihaad
and the implementation of the law of punishments in Islam. (fiqhussunnah, assayyidussaabiq; vol.3, page 30)
Writes Ghamidi about the reason for this opinion of Muslim scholars:
The reason for this [condition] is that without political sovereignity
jihaad becomes fasaad [disorder, chaos, anarchy, etc]. How is it possible
that a group which does not even have the right to award punishment to a
criminal should be given the right to wage war? (mizan, Qaanuune da`wat; Urdu; page 35)
An explanation of this reason can be found in Islaahi’s da`wate diin
or us kaa tariiqe kaar (Urdu; Chapter 14, pages 241 and 242):
The first reason [for this condition] is that God Almighty does not
like the dissolution and disintegration of even an evil system until a
strong probability exists that those who are out to disintegrate the system
will provide people with an alternative and a righteous system. Anarchy
and disorder are unnatural conditions. In fact, they are so contrary to
human nature that even an unjust system is preferable to them....this
confidence [that a group will be able to harmonise a disintegrated system
and integrate it into a united whole] can be reposed in such a group only
as has actually formed a political government and has such control and
discipline within the confines of its authority that the group can be
termed as aljamaa`ah [the State, or the government]. Until a group attains
this position, it may strive [by religiously allowable means] to become
aljamaa`ah -- and that endeavour would be its jihaad for that time -- but
it does not have the right to wage an `armed’ jihaad.
The second reason is that the import of the power which a group engaged
in war gets over the life and property of human beings is so great that
sanction to wield this power cannot be given to a group the control of
whose leader over his followers is based merely on his spiritual and
religious influence on them [rather than being based on legal authority].
When the control of a leader is based merely on his spirtual and religious
influence, there is not sufficient guarantee that the leader will be able
to stop his followers from fassad fil’arD [creating a situation of
disorder, chaos, anarchy on the earth]. Therefore, a religious leader
does not have the right to allow his followers to take out their swords
[that is to wage an armed struggle] merely on the basis of his spirtual
influence over them, for once the sword is unsheathed there is great
danger that it will not care for right and wrong and that those who drew
it will end up doing all [the wrong which] they had sought to end. Such
radical groups as desire revolution and the object of whom is nothing more
than disruption of the existing system and deposition of the ruling party
to seize power for themselves play such games -- and they can, for in
their eyes disruption of a system is no calamity, nor is cruelty of any
kind an evil. Everything is right to them [ as long as it serves their
purpose]. However, the leaders of a just and righteous party must see
whether they are in a position to provide people with a system better than
the one they seek to change and whether they will be able to stop their
followers from doing such wrong as they themselves had sought to root out.
If they are not in that position, then they do not have the right to play
games with the life and property of people on the basis of their
confidence in mere chances and to create greater disorder than the one
they had sought to end. |