Fatwas on Jihad
Q 1041: What is the rule concerning initiation of jihad against infidels during the occultation of the Infallible Imam (a.)? Is it permissible for the qualified mujtahid who possesses state power [the Leader of Muslims] to declare it?
A: The opinion that affirms the permissibility of such a declaration for the qualified mujtahid who has the position of administering the affairs of Muslims, when he sees that expediency requires it; is not improbable. Rather, it is the strongest opinion.
Q 1042: What is the rule concerning defending Islam when it is felt to be in danger, but without the parents’ consent?
A: To defend Islam and Muslims is obligatory and does not depend upon the parent’s permission. Nevertheless, it is advisable to try to obtain their consent as far as possible.
Q 1043: Does the rule of dhimmī apply to the People of the Book who live in Islamic countries?
A: As long as they obey the rules and regulations of the Islamic government under which they live and do not do anything contrary to the treaty, their rule will be the same as that of mu‘āhids, [those who have a peace treaty with the Islamic state].
Q 1044: Is it permissible for a Muslim to take possession of any non-Muslim person whether kitābī or non-kitābī, man or woman, in a non-Muslim country or in an Islamic one?
A: It is not permissible. In case the infidels attack Islamic lands and a group of them are captured by Muslims, deciding the fate of the prisoners of war rests with the Islamic ruler and Muslims as individuals do not have such powers.
Q 1045: If, supposedly, the preservation of the genuine Islam of the Holy Prophet Muhammad (s.) depends on shedding the blood of a respected soul, is it permissible to do so?
A: According to Islamic law, shedding the blood of a respected soul without any right is forbidden and contradicts the rules of genuine Islam of the Holy Prophet Muhammad (s). Therefore, it does not make sense to say that the preservation of the genuine Islam depends on killing an innocent person. But if what is meant is the mukallaf’s commitment to jihad in the way of Allah, the Almighty, and defense of the genuine Islam of the Holy Prophet Muhammad (s) in cases in which he may be killed, the cases differ. If the mukallaf feels, on the basis of his judgment, that the very existence of Islam is in danger, it will be obligatory for him to rise for its defense, even if there is fear of being killed.
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