Defensive jihad

Defensive Jihad (Arabic: الجِهاد الدِّفاعي) means fighting against any enemy who intends to destroy Islam or invade Islamic territories. The purpose of defensive "jihad" is to protect Islam as well as the lives, property, and honor of Muslims.

Defensive jihad stands in contrast to initial jihad. Some Shi'a scholars have considered defensive jihad superior to initial jihad.

According to the fatwas of jurists, it is obligatory upon all Muslims to defend an Islamic land that has been attacked, and the only condition for this obligation is the individual's capability to defend and resist against the enemy. According to the fatwas of most jurists, unlike initial jihad, the presence and permission of the infallible Imam (a) or his deputy is not a condition for the obligation of defensive jihad.

According to jurists' belief, if defensive jihad conflicts with divine obligations or prohibitions, such as coinciding with the rites of hajj or fighting during the sacred months, defensive jihad takes precedence over them.

Definition and Importance of Defensive Jihad

Defensive jihad is fighting against enemies who have invaded Islamic territories. This type of jihad is undertaken to defend Islam and Islamic lands. Defensive jihad stands in contrast to initial jihad, which refers to a war initiated by Muslims for the purpose of inviting polytheists and disbelievers to Islam.

Ja'far Kashif al-Ghita, a jurist of the 13th/19th century, considered defensive jihad superior to initial jihad. Most jurists believe that those killed in defensive jihad are also regarded as martyrs, just like those killed in initial jihad, and the rulings pertaining to martyrs apply to them.

Obligation of Defensive Jihad and Its Conditions

According to the fatwas of jurists, defensive jihad is a collective obligation upon those who can fight (be they men or women, young or old, healthy or sick, and whether near or far from the battlefield). Thus, its only condition for it is "the individual's ability and capacity to defend and resist," and it is not conditional upon the presence or permission of the Imam (a) or his deputy, whereas most jurists consider initial jihad conditional upon the presence or permission of the infallible Imam (a).

The reason for the obligation of defensive jihad, in addition to rational proof, has been considered to be preventing the destruction of Islamic countries and the victory of disbelief and polytheism over Islam. Muhammad Hasan al-Najafi, one of the Shi‘a jurists, has supported the obligation of defensive jihad with verses of the Qur'an, narrations, as well as consensus.

Rulings

Some of the rulings of defensive Jihad are as follows:

• According to prominent opinion among jurists, defensive jihad is not only obligatory upon the Muslims who are directly under enemy attack; rather, all Muslims have a duty to defend those Muslims who have been subjected to aggression in Islamic lands, and as long as sufficient defence has not been established, the obligation is not lifted from anyone.

• In the case of a conflict between defensive jihad and other divine obligations such as hajj, defensive jihad takes precedence over them. Also, if defending Islamic lands requires committing divine prohibitions such as cooperating with an unjust ruler, fighting during the sacred months, or killing Muslims who have been used as human shields, it is permissible to do so.

Types of Defensive Jihad

According to Ja‘far Kashif al-Ghita', jihad has five types, four of which are defensive and only one is initial. The four types of defensive jihad are:

1. Jihad to preserve the foundation of Islam against the invasion of disbelievers into Muslim lands, which is carried out to eradicate Islam and establish disbelief and its symbols;

2. Jihad to repel aggressors attacking the lives and honor of Muslims;

3. Jihad to defend Muslims who have become engaged in conflict with a group of disbelievers and are at risk of being overpowered by them;

4. Jihad aimed at expelling disbelievers who have taken control of Muslim lands. This type is superior to the others.

Differences Between Defensive Jihad and Initial Jihad

Jurists, in order to clarify the concept and scope of defensive and initial jihad, have mentioned several differences between the two, including:

• The purpose of defensive jihad is to prevent the annihilation of Islam and the destruction of the Islamic community, as well as to protect the independence, lives, and honor of Muslims; whereas initial jihad is undertaken to expand and spread the scope of Islam.

• None of the conditions of obligation mentioned for initial jihad are required in defensive jihad, and the ability to defend is sufficient.

• Initial jihad is carried out only against disbelievers; however, defensive jihad is undertaken against any enemy, whether disbeliever or Muslim.

• In initial jihad, it is not permissible to violate dhimma contract, safe conduct, peace, or treaty; however, in defensive jihad, if fear of the enemy's power arises, violating such agreements and similar commitments is permissible.

• In defensive jihad, if the public treasury does not have sufficient funds, the ruler can compel people to provide the expenses of defence; contrary to the initial jihad, the obligation of which depends upon the financial capability of the Muslims.

Examples of Fatwas for Jihad

Jurists, when Islamic lands were exposed to foreign aggression, issued fatwas to encourage people to defend against the enemy, such as:

• Fatwas for Jihad related to countering the Russian aggression: These fatwas were mainly related to the Iran-Russia wars from 1218/1803 to 1229/1813, which culminated in the Treaty of Golestan. Such as permission granted by al-Shaykh Ja'far Kashif al-Ghita', a Shi'a Marja' of the 13th/19th century, to Fath-Ali Shah Qajar in 1228/1871, authorizing him to take charge of defending the Islamic territory against the Russian invasion, along with the issuance of a fatwa for jihad to the people to confront the Russian occupation.

• Fatwa for Jihad against the Wahhabi attack on the Holy Shrines: Al-Shaykh Ja'far Kashif al-Ghita' issued a fatwa for jihad when the Wahhabis attacked Najaf and Karbala in 1217/1802. He, along with about two hundred jurists and fighters, was able to repel the Wahhabis.

• Fatwas for the liberation of Palestine: Jurists such as Muhammad Husayn Kashif al-Ghita', Ayatullah Burujirdi, and Imam Khomeini issued fatwas on the obligation to defend the people of Palestine.

• Fatwa for jihad against ISIS: In 2014 CE, Ayatullah Sistani, the Shi'a marja' residing in Iraq, issued a fatwa for jihad calling on the people to fight the militant group ISIS.

Monograph

The book Rasa'il wa Fatawa-yi Jihadi which includes the treatises and fatwas of Muslim scholars concerning jihad against colonial powers, contains 95 treatises and fatwas issued by jurists between the years 1200/1785 and 1338/1919. This collection was compiled by Muhammad-Hassan Rajabi in one volume and published by the Ministry of Culture and Islamic Guidance in 1999 CE.