Q: Is Jihad and fighting against the Yemeni goverment permissible?
A. A pre-requisite for Jihad is the formation of a base and headquarters as well as an Ameer who will operate within the parameters of the Shari'ah. Once these structures are in place jihad will be permissible. The purpose of these conditions is to ensure that the Muslim army can withstand and absorb the harsh repercussions of jihad and not disintegrate or suffer heavy defeats. Currently there are no such structures in place, so jihad is not permissible. Rasulullah (Sallallaahu Alayhi wa Sallam) said: The Imam (Ameer) is a shield. Jihad is waged from behind this shield. This Hadeeth proves that the Imam should act as leader for Jihad. And no Imam can exist or remain in power without a base.
Secondly, from a Hadeeth in Bukhaari we learn that Rasulullah (Sallallaahu Alayhi wa Sallam) did not allow Muslims to fight and rebel against Muslim rulers until these rulers committed clear cut Kufr. In another Hadeeth he states that as long as they establish the Salaah among the Muslims, they should not be opposed.
The Jurists have written that if in rebelling against a Muslim government there will be unbearable repercussions and consequences, or difficulties that will affect the Deen and day-to-day life of ordinary Muslims, then under such circumstances it will not be permissible to fight or attempt to overthrow a Muslim government. (Raddul-Muhtaar, I’laa-us-Sunan)
Daily we witness the harsh atrocities that affect Muslims when they attempt to fight these oppressive regimes. We should make Du'aa that Allah Ta’aala brings about suitable changes in these governments.
And Allah knows best
Mufti Siraj Desai
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