Q – We are a group of police officers and we would like to direct a question to you since we have been entrusted in this country with investigating those who are out to disturb the peace or disobey and reject obedience to the leader of the country.
And we have heard of a religious verdict stating that it is impermissible to track these people down and fight them because they are “Mujahideen” (people waging religious Jihad), and because they want to expel the disbelievers from our land who fight Muslims in other countries such as Iraq.
A – 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 stop the people of falsehood from their crimes, secure the peace, and safeguard people’s lives, honor, and wealth. So, you are the ones waging Jihad, may Allah assist you. The reward of the Mujahideen will (instead) given to you and for your compliance and obedience to the leader of the Muslims. This job of yours is a respectable, dignified job and is very honorable. So, have no doubts about this.
As for someone who issues a religious verdict that this (what the terrorists do) is Jihad – who says this is Jihad? Are the people who issue such rulings dependable, respectable or are they simply supporters and defenders – ignorant people? They are definitely not scholars. Has a single, dependable and respectable scholar ever said that this is Jihad? Never. It is a lie. This (the actions of the terrorists) is not Jihad. Rather, it is sinning against Allah and His Messenger, a violation and transgression against what Muslims hold sacred, and opposition and rebellion against the obedience to the leader of the Muslims.
All of these things are sins – major sins, may Allah protect us. So, it is not a form of Jihad. This is – yes, this is for the sake of Satan, not for the sake of Allah because it harms Muslims.
As for expelling non-Muslims – this is not your business. The issue of expelling non-Muslims is a decision for the leader of Muslim people (ruler, king, president, etc.). He is the one who establishes a trust between them, allowing them to enter (a country) for some service or benefit the people need, and afterwards he may relieve them when their contractual period of stay ends. As for the Prophet (peace be upon him) saying:
“Expel the Jews from the Arabian Peninsula.” (With similar wording in Al-Bukhari, no. 3053 and Muslim, no. 1767)
This is a directive addressed to the leaders (and not every individual). For this reason, none of them ever expelled them except Caliph Umar Bin Al-Khattab (may Allah be pleased with him). It is not for the people to decide and expel them. So, this is the responsibility of a leader, just as it is the ruler who may allow them to enter the country in the first instance.
They (non-Muslims) have not come here except to benefit us and have come with valid visas. They have come, invited, to fulfill some project whether it be jobs in embassies, companies, etc. They have come to the Muslims to benefit them. They have been given a trust (of safety) – a covenant – and the Prophet (peace be upon him) said:
“Whoever kills someone (a non-Muslim) given a trust or covenant will not even smell the fragrance of Paradise even though its fragrance can be smelled from the distance of 40 years.” (Al-Bukhari, no. 3166)
This is a severe warning. So, whoever passes some religious verdict that this (work of the terrorists) is Jihad – he is not a scholar; he is either a misguided scholar who used to have knowledge or he is utterly ignorant who does not know what Jihad for the sake of Allah even means.
This question was answered by the Sheikh verbally and the audio clip can be found at:
http://www.fatwa1.com/anti-erhab/Irhabion/Irhabion.html. This particular audio clip is no. 22 in the list. Translated by Abu Az-Zubayr Harrison.