Topic: Tracking Down Terrorists is One of the Greatest Forms of Jihad - Saalih al-Fawzaan


Abu.az-Zubayr    -- 27-06-2008 @ 3:07 PM
 
Question:

Noble Shaykh, may Allah grant you success. We are a group of police officers and we would like to direct a question to you...And we have heard of a religious verdict stating that it is impermissible to track these people down to pursue them and fight them because they are "Mujaahidoon" (people making religious Jihad), and because they want to expel the nonbelievers who fight Muslims in other countries such as Iraq. So, what is the correct opinion regarding this, may Allah grant you success.

Answer:
quote:
May Allah assist you; you are the ones making Jihad. You all, by this work of yours, are in Jihad. This is because by doing this, you intend to prevent the people of falsehood, secure the peace, and safeguard people's lives, honor, and wealth. So, you are the ones making Jihad; may Allah assist you. And the reward of the Mujaahideen will instead be written for you and for your compliance and obedience to the leader of the Muslims. This job of yours is a respectable, dignified job, very honorable. So, have no doubt about this... 1


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  1. This question was answered by Saalih al-Fawzaan verbally and the Arabic audio clip can be found at: http://www.fatwa1.com/anti-erhab/Irhabion/Irhabion.html - this particular clip is no. 22 in the
    list.

- Abu Az-Zubayr Harrison
([url=http://www.answering-extremism.com/]Answering-Extremism.com[/url])


abdullah.gambi    -- 15-07-2008 @ 11:45 AM
 


The Methodology Of Ahlus Sunnah In Dealing With The Khawaarij (The Terrorists)



Imaam Barbahaaree (rahimahullaah) stated in Sharh- As Sunnah:

'It is permissible to fight the Khawaarij if they attack the wealth of the Muslims, or the Muslims and their families, but if they are dispersed, then the Muslim Ruler is not to seek after them, nor are their wounded to be killed, nor is booty taken from them, nor may those taken captive be killed, nor are those who flee to be pursued.'

Sheikh Saaleh Al-Fawzaan commented on the above statement of Imaam Barbahaaree (rahimahullaah) saying:

We know that the khawaarij are those who hold that they can renounce obedience (to the ruler).  They hold that the ruler is not given the oath of allegiance or that it is not binding upon the people to maintain their oath of allegiance to him when he becomes sinful, and they (also) declare the Muslims to be disbelievers for committing major sins.    

So if they adopt this school of thought and there arises neither uproar nor killing (from them), then they are left alone, advised and given clarification in hope that they may repent.  If they cause uproar and manifest their strength, it then becomes obligatory upon the Muslims to fight them to avert their evil.

They are not fought on the basis that they are disbelievers; rather they are fought on the basis that they are Muslims who commit outrage and transgression against other Muslims. That is why when Ameerul Mumineen Ali (radiyallaahu-anhu) was asked about the khawaarij, ''Are they disbelievers?''  He said: ''No, they flee from disbelief, but they are a people who have rebelled against us''

Therefore, they (khawaarij) are not fought on the basis that they are disbelievers, and that is why their women and children are not taken as captives, nor is their wealth taken, nor are their wounded killed; because they are only fought to avert their evil and not because of disbelief.

And regarding the saying of Imaam Barbahaaree (rahimahullaah):

'It is permissible to fight the Khawaarij if they attack the wealth of the Muslims, or the Muslims and their families;' because the Prophet (sallal-laahu-alayhi-wasallam) commanded that they are to be fought, and because Ali (radiyallaahu-anhu) fought them when they attacked and killed Abdullaah Ibn Khabbaab al Arrat and ripped open the stomach of his pregnant wife.  So Ameerul Mumineen Ali (radiyallaahu-anhu) decided to fight them as they brought about a good reason to be fought against.

And regarding the saying of Imaam Barbahaaree (rahimahullaah): 'But if they are dispersed, then the Muslim leader is not to seek after them'

If they desist from fighting, the ruler is not to chase them, nor carry out a military expedition against them, as long as they do not commit acts of transgression.  And no doubt they are misguided and are to be advised in hope that they may return (repentant) and are not fought.

And regarding the saying of Imaam Barbahaaree (rahimahullaah): 'Nor are their wounded to be killed'; because the evil of the injured person is curtailed.

And regarding the saying of Imaam Barbahaaree (rahimahullaah): 'Nor is booty to be taken from them', meaning: their wealth is not to be taken as war booty; because it is the wealth of the Muslims.

And regarding the saying of Imaam Barbahaaree (rahimahullaah): 'Nor may those taken captive be killed' because they are Muslims, and by being injured and taken as captive their evil is curtailed.  

And regarding the saying of Imaam Barbahaaree (rahimahullaah): 'Nor are those who flee to be pursued'.  If they flee, the leader is to leave them alone and not go after them as their evil is curtailed.

[Source: (Itti-haaful Qaaree Bitta'liqaat Alaa Sharhus Sunnah Lil Imaam Barbahaaree) by Sheikh Saaleh al-Fawzaan (hafidha-hullaah) (page: 240-242, Vol: 1)]


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