Prominent Muslim scholars have always
maintained that jihād 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, jihād and the implementation of the law
of punishments in Islam.
(Fiqh-al-Sunnah, al-sayyid-al-Sābiq; vol.3, page 30)
Writes Ghamidi about the reason for this
opinion of Muslim scholars:
The reason for this [condition] is that
without political sovereignty jihād becomes fasād [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?
(mīzān, qānūn-e-da‘wat; Urdu; page 35)
pAn explanation of this reason can be found
in Islāhi’s da‘wat-ī-dīn or us kā tarīqah-i-kār (Urdu; Chapter
14, Pg 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
Al-Jamā‘ah [the State, or the government]. Until a group attains
this position, it may strive [by religiously allowable means] to
become Al-Jamā‘ah -- and that endeavour would be its jihād for
that time -- but it does not have the right to wage an ‘armed’
jihād.
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
spiritual 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
spiritual 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.
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