Fiqh al Jihad Sheikh Yusuf al Qaradhawi

Within these areas of fiqh there is ample opportunity for
constructive and selective jurisprudential deliberations as
well as diversity of types and plurality of views and
visions, with no team superseding the other as long as the constants are respected, and the
basics of Shari`ah are observed in addition to the established regulations.
Our Comments
The Sheikh suggests that Muslims do not fight those who extend peace to them nor
inflict any harm on them, and his stance is absolutely flawless. It is supported by the
correct juristic vision and by the common purposes of Muslim law, which calls for the
preservation of human life, whether of Muslims or non-Muslims.
However, the questions that arise here are, "Has this been the case throughout
human history? Has the world ever lived with no wars that devour everything? Did
the Persians and the Romans, in olden times, or the Communists, the Jews, the
Christians, and Secularists, in modern times, spare the Muslims their sacrilege,
violations of sanctities, and military and cultural invasions in addition to looting their
wealth and lands?
We do hope that one day mankind would enjoy peaceful coexistence. We hope that
the powerful would not abuse the weak, nor would the rich subdue the poor. For this
to be true, the theory of repelling stated in the Noble Qur'an will remain valid:
(By Allah's will they routed them, and David slew Goliath, and
Allah gave him power and wisdom and taught him whatever
(else) He willed. And were it not for Allah's repelling some men
with others, the earth would certainly be in a state of disorder,
but Allah is full of bounty to all the worlds.)(Al-Baqarah 2:251)
Almighty Allah says,
(Those who have been expelled from their homes without a just
cause except that they say, "Our Lord is Allah." And had there
not been Allah's repelling some people by others, certainly
there would have been pulled down cloisters and churches and
synagogues and mosques in which Allah's name is much
remembered.)(Al-Hajj 22:40)
How Should a Collective Duty Be Done?
nor inflict any harm on them, and his
stance is absolutely flawless.
After the Sheikh discusses the collective duty according to the Hanafi and Shafi`i
schools, he says,
This means that the requirements for the implementation of a
collective duty are a powerful Muslim army the enemy fears, which
should be equipped with the most sophisticated arms and weapons. Its
soldiers must be highly trained, its forces should be deployed on all
land and sea ports so that no single place is jeopardized without
providing it with full protection and invulnerability. This is likely to
repel the enemy and dissuade them from attacking the Muslims. This
proposition is approved today by all countries of the world.
Sovereignty of any state entails it having armed forces capable of