A Study of Hassan al-Banna's "On Jihad"
Part 8
Muslim Brotherhood founder Hassan al-Banna published his treatise "On Jihad" in the late 1930s. In his book on the group, Brynjar Lia notes that the treatise eventually "became a required part of the Muslim Brothers' curriculum." This translation comes from Wendell's 1977 collection, Five Tracts of Hasan Al-Banna (1906-1949), and is the only one available that has not been sanitized for Western audiences.
Al-Banna has been methodically building his argument for the centrality of jihad in Muslim life (and the Muslim state). He began with the Quranic verses, worked his way through 31 ahadith drawn from a accepted collections. Al-Banna now turns to the works of the Islamic scholars, the ulema. He emphasizes that he is drawing from the scholars (the word used here is "legists") of all four "Schools," and "even the latter-day authorities among them," in order to prove his point that Muslims of his time had "lost the ordinances of its own religion on the question of jihad."
The Rule of Jihad According to the Legists of the Umma
Precious verses from the Qur'an and Noble Traditions concerned with the excellence of jihad have passed in review before you. Now I would like to convey to you some portion of what the legists of the [Four Orthodox] Schools have said -even the latter-day authorities among them - regarding the rules of jihad and the necessity for preparedness, so that you may know to what extent the Islamic umma has lost the ordinances of its own religion on the question of jihad along with the consensus of opinion of the Muslims throughout every period of their history. Now listen.
(1) The author of the Majma' al-Anhur fi Sharh Multaqa'l-Abhur, in determining the rules of jihad according to the Hanafi School, said: "Jihad in its literal significance means to put forth one's maximal effort in word and deed; in the Sacred Law it is the slaying of the unbelievers, and related connotations such as beating them, plundering their wealth, destroying their shrines, and smashing their idols.
The desired aim is to strive to the utmost to strengthen the faith by such means as fighting the inhabitants of the Dar al-Harb and the tolerated Scripturaries (if they rebel), as well as the apostates, who are the vilest of unbelievers, for recanting after they have affirmed [their belief], and oppressors. It is initiated by us as a communal obligation, that is, it is obligatory on us to begin fighting with them after transmitting the invitation [to embrace Islam], even if they do not fight against us. It is incumbent on the Imam to send a military expedition to the Dar al-Harb every year one or two times, and it is incumbent on the subject populace to aid him. If some perform it, the remainder are released from the obligation. If the communal obligation cannot be fulfilled by that group, it falls upon the closest [adjacent group], and the closest [after that], etc., and if the communal obligation cannot be fulfilled except by all the people, it then becomes an individual obligation, like prayer. As to the actual ordinance, it exists by virtue of what He, the Almighty, said: 'Therefore slay the polytheists!’ [Q.9:5], and by what he (On whom be blessings and peace') said: 'Jihad is in effect until the Day of Resurrection.' If the whole body [of believers] abandons it, they are in a state of sin…," up to where he says: "If the enemy conquers any territory of Islam, or any regions of it, it becomes an individual obligation, and the woman and the slave shall go forth without the permission of husband or master. In the same way, the child shall go forth without the permission of his parents, and the debtor without the permission of his creditor."
And in the Kitab al-Bahr: "Should a Muslim woman be captured in the East, it is incumbent on the people of the farthest West to rescue her until she has come into their protection and custody."
(2) The author of the Bulghat al-Salik li Aqrab al- Masalik fl Madhhab al-Imam Malik said: "Jihad in God's way for the purpose of exalting God Almighty's Word every year is a communal obligation. If some fulfill it, the remainder are absolved of it. It becomes specifically designated (i.e., it becomes an individual obligation like prayer and fasting), when an Imam is appointed and the enemy attacks the population of a specific region, whereupon it becomes obligatory on them and on those in their vicinity, if they are powerless [to carry it out]. And it is obligatory on the woman and the slave under these circumstances, even though the guardian, the husband, the master and the creditor - if he [the mujahid] should be a debtor - forbid them. It also becomes obligatory through having made a vow [to engage in it]. Parents have the right to forbid [their child] from [taking part in] it only under conditions of communal obligation. Ransoming a captive from the Dar al-Harb when he has no money with which to ransom himself is a communal obligation, even if it calls for the entire wealth of [all] the Muslims."
(3) And in the text of Al-Minhaj of the Imam al-Nawawi - of the Shafi'ite School: "Jihad during the time of the Apostle of God (May God bless and save him!) was a communal obligation, though it is also alleged that it was an individual obligation. Since his day, there are two conditions relative to the unbelievers:
(i) If they remain in their own territories, it is a communal obligation. If a sufficient number of Muslims undertake it, the remainder are released from the onerous duty.
(ii) If they invade one of our territories, its population are obliged to repulse them with all their force, and if it is possible to prepare for combat, every possible effort must be made by the indigent, the child, the debtor, and the slave, even without permission."
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