The Legislated Types of Jihaad
By Shaykh Saalih Ibn Fawzaan al-Fawzaan
Translated By Naasirud-Deen Ibn William Ferron
All rights reserved.
No part of this book may be reprinted or reproduced or utilized in any form, or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, without prior permission from the publisher.
1st Edition: August 2013 | E-Book Edition: May 2014
ISBN: 978-1-927012-33-8
Translator's Preface
A Brief Biography of Shaykh Saalih Ibn Fawzaan al-Fawzaan
Jihaad: Its Types and Rulings
Jihaad Is an Ancient Obligation
The Wisdom behind the Legislation of Jihaad
The Definition of Jihaad
The Types of Jihaad
Jihaad Was Legislated in Stages
The Objective of Jihaad
As for the One Who Fights for Other Than That
Jihaad Is of Two Parts
Jihaad Is Fought against a People Only If They Refuse the Invitation to Islam
Jihaad Is Undertaken Only under the Leadership of an Imaam
Only the Imaam Can Organize Jihaad
Islam Is a Favour upon the Whole of Mankind
Jihaad Is Legislated until the Hour, but There Are Rules and Limits
Questions and Answers
[Q1] Which of the two is greater: the Jihaad of knowledge or the Jihaad of the sword?
[Q2] Is hearing and obeying those who are in charge of the Muslims' affairs one of the principles of the Salafee 'aqeedah?
[Q3] Is revolting against the rulers done by way of action only or is it also with the speech?
[Q4] What is your opinion concerning the one who issues a Fatwaa to the people about the obligation of Jihaad, saying: "A leader and a banner are not to be stipulated as a condition for Jihaad?"
[Q5] Your excellence, what is your opinion concerning one who acts in accordance with the story of Abu Baseer (radhiyallaahu 'anhu), (carrying out Jihaad) without the Imaam's permission?
[Q6] What is the ruling on Jihaad at this time and where do we find it (taking place)? And is it permissible for us to undertake Jihaad beneath the banner of a disbelieving ruler or a Mubtadi'?
[Q7] Al-Bukhaaree's hadeeth: "The Imaam is a shield (junnah); one guards himself with him and fights behind him." Is this daleel for one who says that it is obligatory for the Jihaad to have an Imaam joining his banner?
[Q8] Some go out for Jihaad in these disunited conditions without the Imaam's permission. Is this correct?
[Q9] If my father has children other than me and he doesn't need me for anything, there is no justification for him not giving me permission except his fear of me dying. So what is the ruling (in this regard)?
[Q10] Is it permissible to go out for Jihaad with the Imaam's permission when the parents have conferred their pleasure?
Commentary of 'Abdul-Azeez Aalish-Shaykh
Appendix I: Refutation of Those Who Allege That Islam Was Spread by the Sword
The Nature of al-Harb (War) in Islam
Appendix II: Commentary on the Meaning of the Verse "Al-Jihaad Is Ordained for You…"
Appendix III: Shaykh Fawzaan Refutes Claims That Islam Is a Religion of Terrorism
Appendix IV: Shaykh al-Albaanee's Refutation of a Jihaadist
Glossary of Important Arabic Words and Phrases
Index
In the Name of Allaah, the Most Merciful, the Bestower of Mercy. All praise is for Allaah, Rabb of the worlds. Peace and blessings be upon Prophet Muhammad (sallallaahu 'alayhi wa sallam), his family, his Companions and all those who follow them in goodness.
This book, entitled The Legislated Types of Jihaad 
, is a translation of a lecture entitled "Al-Jihaad, Its Types and Rulings" which was delivered by Shaykh Saalih al-Fawzaan in al-Jaami' al-Kabeer (the Great Mosque) in Riyaadh on the 2nd of Rabee' ath-Thaanee in the year 1424H.
Jihaad is a vital part of the religion of Islam; it is an obligation that is established through the Qur'an, the purified Sunnah, as well as the Ijmaa' of the scholars. It is a lofty act of worship and one of the greatest that anyone could perform. Its importance can be seen in the narration of Abu Hurayrah, wherein the Messenger of Allaah (sallallaahu 'alayhi wa sallam) said: "Whoever died without having fought or having considered fighting has died upon a branch of hypocrisy."1
And in the narration: "…has died a death of Jaahiliyyah."2
Despite the importance of this obligation and its status in Islam, many people are ignorant concerning it, ignorant of its conditions, its rulings and the overall purpose of Jihaad, believing it to be what the media reports of the people who spread terrorism throughout the world, while in fact, Islam is free of the actions that emanate from those people.
For this reason, I felt it to be of great need for this treatise to be translated into the English language so that the people can begin to acquaint themselves with this lofty affair.
I ask Allaah to greatly reward all those who aided in bringing this work into fruition. I ask Him to make this work a source of benefit for Shaykh Saalih al-Fawzaan, those who heard it directly from him, and all who read it. Ameen.
After the translation of the Shaykh's work, some very beneficial appendices were added:
It is hoped that these appendices serve as a clarification regarding some common misconceptions regarding the religion of Islam in general and the affair of Jihaad specifically.
Naasirud-Deen Ibn William Ferron as-Salafee
1 Muslim, 4696.
2 Muslim.
He is the noble Shaykh, Dr. Saalih Ibn Fawzaan Ibn 'Abdullaah from the family of Fawzaan from the tribe of ash-Shamaasiyyah.
He was born in 1354 AH (1933). His father died when he was young so he was brought up by his family. He learnt the Noble Qur'aan, the basics of reading and writing with the Imaam of the masjid of the town, who was a definitve reciter. He was the noble Shaykh, Hamood Ibn Sulaymaan at-Talaal, who was later made a judge in the town of Dariyyah (not Dar'iyyah in Riyaadh) in the region of Qaseem.
He later studied at the state school when it opened in ash-Shamaasiyyah in the year 1369 AH (1948). He completed his studies at the Faysaliyyah school in Buraydah in the year 1371 AH (1950) and was then appointed an infant school teacher. Then he joined the educational institute in Buraydah when it opened in the year 1373 AH (1952), and graduated from there in the year 1377 AH (1956). He then joined the Faculty of Sharee'ah (at the University of Imaam Muhammad) in Riyaadh and graduated from there 1381 AH (1960). Thereafter he gained his Masters degree in Fiqh (Jurisprudence), and later a Doctorate from the same faculty, also specialising in Fiqh.
After his graduation from the Faculty of Sharee'ah, he was appointed a teaching position within the educational institute in Riyaadh, then transferred to the Faculty of Sharee'ah. Later, he transferred to the Department for Higher Studies within the Faculty of the Principles of the Religion (Usool ad-Deen). Then he transferred to the Supreme Court of Justice, where he was appointed the head. He then returned to teaching there after his period of leadership came to an end. He was then made a member of the Permanent Committee for Islaamic Research and Fataawa, where he continues to this day.
The noble Shaykh is a member of the Council of Senior Scholars, and member of the Fiqh Committee in Makkah (part of ar-Raabitah), and member of the Committee for Supervision of the Callers (du'aat) in Hajj, whilst also presiding over (his main role) membership of the Permanent Committee for Islaamic Research and Fataawa. He is also the Imaam, Khateeb and teacher at the Prince Mut'ib Ibn 'Abdul-'Azeez masjid in al-Malzar.
He also takes part in responding to questions on the radio program "Noorun 'alad-Darb", as he also takes part in contributing to a number of Islaamic research publications at the Council for (Islaamic) Research, Studies, Thesis and Fataawa which are then collated and published. The noble Shaykh also takes part in supervising a number of thesis submissions at the Masters Degree and Doctorate level.
He has a number of students of knowledge who frequent his regular gatherings and lessons.
He himself studied at the hands of a number prominent scholars and jurists, the most notable of whom were:
He also studied at the hands of a number of scholars from al-Azhar University (Egypt) who specialised in hadeeth, tafseer and Arabic language.
He has played a major role in calling to Allaah and teaching, giving fataawa, khutbahs and knowledgeable refutations.
His books number many, however, the following are just a handful which include
The Shaykh's official website: www.alfuzan.ws
All praise is for Allaah, Rabbul-'Aalameen, peace and blessings from Allaah be upon our Prophet, Muhammad and upon his family and Companions altogether.
As for what follows:
Jihaad in the way of Allaah ('azza wa jal) is surely a great obligation, and it is the foundation of the religion (qawaamud-deen), just as he (sallallaahu 'alayhi wa sallam) said: "The head of the affair is Islam, its supporting pillar is Salaah, and its apex is Jihaad in the way of Allaah."3
Allaah has commanded us with it in many verses (of the Qur'an), He urged (the Muslims) to carry it out, and He awakened (their) interest in it. Similarly, our Prophet, Muhammad (sallallaahu 'alayhi wa sallam) commanded us with Jihaad, awakened (the Muslims) interest in it, and urged (them) to carry it out. He clarified its excellence as well as its benefits to the point that some of the scholars considered it a sixth pillar from the pillars of Islam due to its importance, and due to much of what came of aayaat and ahaadeeth concerning its affair, and this is something about which there is no doubt, and it is agreed upon among the people of knowledge. And this is collected in the books of hadeeth, the books of Fiqh, and in the speech of the people of knowledge. It (Jihaad) has conditions and moral precepts which they deduced from the Book of Allaah and from the Sunnah of the Messenger of Allaah (sallallaahu 'alayhi wa sallam) because it is an important matter.
But in this time of ours, there is much "he said, she said" concerning this great issue, and people discuss it without having any insight or any knowledge. So they speak concerning the affair of Jihaad: whatever emanates from the zealot and radical concerning it, and whatever emanates from the careless and negligent (person) concerning it. (They speak about it) to the extent that some of the ignoramuses and some of the biased individuals from the enemies of Islam describe Jihaad in Islam as being savage or barbaric (wahshiyyah) and as being a compulsion in the religion. And Allaah, ('azza wa jal), says:
There is no compulsion in the religion.
[Sooratul-Baqarah, 2:256]
And they allege that there is no fighting in Islam nor is there any Jihaad in it; this is a view.
The other view is stern concerning it. It speaks about it (Jihaad