Imam Al-Qurtubi (may Allah have mercy on him) said, “When jihad becomes inevitable (i.e. fard ayn – an individual obligation) because the enemy has overrun one of the (Muslim) regions (so jihad is defensive), then it becomes obligatory for all the people of that region to mobilize and to go out to fight, whether they are light (being healthy, young and wealthy) or heavy (being ill, old and poor), each according to his abilities, with or without the permission of his parents(1).
No one who is able to go out, warrior or helper, should stay behind…” Ref: Tafseer Qurtubi (8/15)
Imam Al-Kasaani (may Allah have mercy on him) said, “He (a mujahid – a Muslim fighter in jihad) should not go out for jihad (which is fard kafaayah (a communal obligation)) except with the permission of his parents or of one of them, if the other is deceased, because honouring one’s parents is an individual obligation (fard ayn) so it takes precedence over a communal obligation (fard kafaayah)…”
The Permanent Committee in Saudi Arabia for Fatwa and Research said, “Jihad is one of the best of deeds, as is honouring one’s parents. If a person wants to go for jihad (which is not an individual obligation (fard ayn) but is a communal obligation (fard kafaayah), he has to ask their permission. If they give him their permission, all well and good, otherwise he should not go for jihad, and he should stay with them.
Staying with both or one of them is a kind of jihad (striving for the sake of Allah).
The basis for that is the report of Ibn Mas’ood (may Allaah be pleased with him), who said: “I asked the Messenger of Allaah (peace and blessings of Allaah be upon him), ‘Which deed is most beloved to Allaah?’ He said, ‘Prayer done on time.’ I said, ‘Then what?’ He said, ‘Honouring one’s parents.’ I said, ‘Then what?’ He said, ‘Jihad for the sake of Allaah.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) told me about them and if I had asked more he would have told me more.” (Agreed upon. Al-Bukhaari, 1/134; Muslim, 1/89-90)
Abd-Allaah ibn ‘Amr (may Allaah be pleased with them both) said: “A man came to the Prophet (peace and blessings of Allaah be upon him) and asked for his permission to go for jihad. He said, ‘Are your parents alive?’ He said, ‘Yes.’ He said, ‘Then your jihad is with them.’” (Narrated by al-Bukhaari, 4/18).
According to another report: A man came and said, “O Messenger of Allaah, I have come to engage in jihad with you. I came and my parents were weeping.” He said, “Go back and make them smile as you have made them weep.” (Narrated by Ahmad, 2/160; Abu Dawood, 3/38).
It was reported from Abu Sa’eed (may Allaah be pleased with him) that “a man migrated to the Prophet (peace and blessings of Allaah be upon him) from the Yemen. He [the Prophet (peace and blessings of Allaah be upon him)] said, ‘Do you have anyone in the Yemen?’ He said, ‘My parents.’ He said, ‘Did they give you permission?’ He said, ‘No.’ He said, ‘Then go back to them and ask their permission. If they give you permission, then go for jihad, otherwise honour them.’” (Narrated by Ahmad, 3/75-76; Abu Dawood, 3/39).
It was reported from Mu’aawiyah ibn Jaahimah al-Sulami that Jaahimah came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I want to go out for jihad, and I have come to consult you.” He said, “Do you have a mother?” He said, “Yes.” He said, “Then stay with her, for Paradise is at her feet.” (Narrated by Ahmad, 3/429; al-Nisaa’i, 6/11).
All of these reports and similar ones refer to the person for whom jihad is not an individual obligation (fard ayn).
But if it becomes obligatory on an individual (fard ayn) and he does not go for jihad, this is a sin, for there should be no obedience to any created being if it involves disobedience towards the Creator.
Among the things that make jihad obligatory(2) on individuals is when the imam (Muslim ruler) calls him for jihad, in which case he has to go to the front line.
And Allaah is the source of strength.
May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.”
Ref: Fataawaa al-Lajnah al-Daa’imah, 12/18
1) (My words) Imam Qurtubi is highlighting the fact the fact that when jihad is fard ayn (an individual obligation), then parents permission for jihad is not obligatory.
Therefore the person can go to jihad in this case wether he has their permission or not.
(2) Shaykh Uthaymeen said, “Jihad is obligatory and becomes fard ayn (an individual obligation) if a person is present where fighting is going on. This is the first of the situations in which jihad becomes an individual obligation…The second situation (in which jihad becomes an individual obligation) is when a city is besieged by the enemy. Then he has to fight in defence of the city…The third situation is when the leader tells the people to mobilize…” Ref: Al-Sharh al-Mumti’, 8/10-12
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Shaykh Dr Hamd bin Ibraheem al Uthmaan (in Sharh as Sunnah Vol 10 pg 379) said, “(Imam) Awzaa’ee was asked concerning a man who wants to go out to do battle and he has two parents, one of them gives him permission and one of them does not give permission, so he responded; “He doesn’t go out”. So it was said to him (Imam Awzaa’ee) if his father wants him to go out together with him to do battle to help and serve him, and his mother rejects Awzaa’ee replied “He doesn’t go out”.
Also if his two parents give him permission and then change their minds, it is compulsory on the son to return from his going out to Jihad.
Ibn Qudaamah (rahimullah) said in Mughni Vol 13 pg 27, ‘If he goes out for Jihad Kifiyah (a communal obligation) and they change their minds after he has left and before he has engaged the enemy it is compulsory upon him to return.’
This is because if there is a preventative factor at the beginning of jihad (it is, as) if that preventative factor is found while he is on his way to perform the act of jihad, it will be just like other preventative factors.
Non Muslim Parents
Muhammed bin Eesa bin Asbeegh, (d 620 AH) said in Al Injaad fil Abwaabul Jihad pg 110, ‘That the scholars differed if the parents are Non Muslims.
So it has been said he does not go out to do battle except with their permission because of the generality of the order and this is narrated by Sufyan at Thawri and others.
So it has been said, ‘Except if he knows that they are preventing him out of enmity to Islam’.’
Imaam Shafi’ee said ‘He can go out to do battle without the permission of Non Muslim parents because the order in this affair specifically applies if the parents are Muslims(1).'”
Ref: Al Jihad Anwarnuha wa Ahkaamuha wal had Afaasul Baynahu wa Bayna Fawda. The book was written by Shaykh Dr Hamd bin Ibraheem al Uthmaan and was read and introduced by Shaykh Saalih Saad al-Suhaymee al-Harbi page 133
1) There is a difference of opinion concerning this issue and the above opinion is a minority opinion, but this demonstrates the seriousness of disobeying the parents.
Translated by Jafar ibn Ruel Jeffrey
(Full length article by Shaykh Dr Hamd Bin Ibraheem Al Uthmaan – http://www.salafibayaan.com/2014/07/08/condition-jihadseeking-permission-muslim-parents-shayl/)
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