Did you retract your fatwa (scholarly legal ruling) regarding the individual obligation of jihad in Afghanistan?
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The questioner : Yes, to answer briefly: the situation in Afghanistan has changed from what it was before. Do you think thatThe Shaykh : he would retract his fatwa from an individual obligation to a collective obligation?
The Shaykh : I have not retracted my fatwa; rather, I paused, and I have stated this more than once, until the waters return to their channels and it becomes clear to us that the issue is not a dispute over positions, governorships, and conspiracies. After the fitnah (trial, discord or temptation) that occurred, then this suspicious stagnation, and the contact of some parties with the Russians and their going to them, and their return spreading some news that others from the same parties deny, we have become greatly in doubt about the continuity of going to jihad in the path of Allah truly.
And I had no relationship with this fighting before, due to our distance from them, even though we clarified the rulings we know from our Shari'ah (Islamic sacred law). But ultimately, I found some reasons that made me cool down from my previous enthusiasm, in addition to what we mentioned earlier about the fitnah (trial, discord or temptation) that was not hidden from anyone. A young man from the mujahideen there, from the group "Hikmah Yar," came to us. We were in the house of this brother, Husayn, and he raised the topic of the existing dispute there and the killing of Jamil al-Rahman (may Allah have mercy on him). It became clear to me that this young man was enthusiastic for Hikmah Yar, even though he appears to be Salafi in creed and tawhid (the oneness of Allah). We spoke, and Professor Abu Malik was also present. After a long conversation, I asked him to convey to Hikmah Yar my peace first, and two requests:
First: That they do not limit themselves to informing of their disavowal of the killing of Jamil al-Rahman in, for example, some writings that do not exceed the community we live in, but rather that they announce it through all known media today, especially since they have some magazines distributed in Arab countries. That they announce first their disavowal of being a participant in the killing of Jamil al-Rahman.
And second: That they announce that if they open "Kabul," the capital of the communists, hoping that this will be soon, that they announce that the rule will be by the Book and the Sunnah, and not by the Hanafi madhhab (school of jurisprudence) by which they worship Allah. The man left and promised to do so, meaning: to convey this oral message to Hikmah Yar. Then he returned after weeks with a letter from Hikmah Yar to Al-Albani. Subhan Allah! He rambled around the answer to the first question with some diplomacy.
As for the answer to the second question, he did not address it at all. As for the diplomacy he rambled around, he says: We are indeed on the Hanafi madhhab, but this madhhab is the religion of Allah, and its great scholars of fiqh (Islamic jurisprudence) and those who served the hadith and served the fiqh, all of them say: If the hadith is authentic, then it is my madhhab. This is from that speech.
So I said to my companion who brought us this message and explained the matter to him: My brother, first, he did not answer the second question, and his answer to the first question is not explicit, because indeed all these imams took from the Book and the Sunnah, but they differed, and when there is a difference, it is obligatory for the people of knowledge to return to the Book and the Sunnah. This is what we see in your leaders and commanders; they do not announce that we are with the Book and the Sunnah, we are on the Hanafi madhhab, and the Hanafi madhhab is one of the followed madhhabs. For this and that, I still hold that it is obligatory, but my enthusiasm for this matter has cooled. First, the fitnah of the mentioned killing occurred, then when I found that Hikmah Yar does not explicitly establish the Muslim state on the Book and the Sunnah if they are able to establish it in Afghanistan, and especially in the capital of Afghanistan, which is "Kabul," we ask Allah the Mighty and Majestic to restore the activity of these people to fighting these disbelievers from the communists and to enable them in the land. And I even said to that young man: They must seek the help of the people of knowledge in the various Islamic countries, because if they want to establish the state of Islam, they must necessarily establish a law and constitution based on the Book and the Sunnah, and not establish it on the Hanafi madhhab which says, for example: A Muslim is killed for a disbeliever, and the diyah (blood money) of a dhimmi (a non-Muslim under Muslim protection) is like the diyah of a Muslim, meaning: explicit contradictions to the Sunnah. If they are not knowledgeable, for example, about the madhhab of the Book and the Sunnah, they must seek the help of at least the other scholars in the various countries.
So no satisfactory answer came at all, and yet I said and I still say: That establishing the state of Islam on the Hanafi madhhab in Afghanistan is much better than the communist system, so let them establish it, but let them not stop there; they must cooperate with the other Muslim scholars.
This is what I have also regarding this last question, and perhaps we can suffice with this amount.
The Shaykh : I have not retracted my fatwa; rather, I paused, and I have stated this more than once, until the waters return to their channels and it becomes clear to us that the issue is not a dispute over positions, governorships, and conspiracies. After the fitnah (trial, discord or temptation) that occurred, then this suspicious stagnation, and the contact of some parties with the Russians and their going to them, and their return spreading some news that others from the same parties deny, we have become greatly in doubt about the continuity of going to jihad in the path of Allah truly.
And I had no relationship with this fighting before, due to our distance from them, even though we clarified the rulings we know from our Shari'ah (Islamic sacred law). But ultimately, I found some reasons that made me cool down from my previous enthusiasm, in addition to what we mentioned earlier about the fitnah (trial, discord or temptation) that was not hidden from anyone. A young man from the mujahideen there, from the group "Hikmah Yar," came to us. We were in the house of this brother, Husayn, and he raised the topic of the existing dispute there and the killing of Jamil al-Rahman (may Allah have mercy on him). It became clear to me that this young man was enthusiastic for Hikmah Yar, even though he appears to be Salafi in creed and tawhid (the oneness of Allah). We spoke, and Professor Abu Malik was also present. After a long conversation, I asked him to convey to Hikmah Yar my peace first, and two requests:
First: That they do not limit themselves to informing of their disavowal of the killing of Jamil al-Rahman in, for example, some writings that do not exceed the community we live in, but rather that they announce it through all known media today, especially since they have some magazines distributed in Arab countries. That they announce first their disavowal of being a participant in the killing of Jamil al-Rahman.
And second: That they announce that if they open "Kabul," the capital of the communists, hoping that this will be soon, that they announce that the rule will be by the Book and the Sunnah, and not by the Hanafi madhhab (school of jurisprudence) by which they worship Allah. The man left and promised to do so, meaning: to convey this oral message to Hikmah Yar. Then he returned after weeks with a letter from Hikmah Yar to Al-Albani. Subhan Allah! He rambled around the answer to the first question with some diplomacy.
As for the answer to the second question, he did not address it at all. As for the diplomacy he rambled around, he says: We are indeed on the Hanafi madhhab, but this madhhab is the religion of Allah, and its great scholars of fiqh (Islamic jurisprudence) and those who served the hadith and served the fiqh, all of them say: If the hadith is authentic, then it is my madhhab. This is from that speech.
So I said to my companion who brought us this message and explained the matter to him: My brother, first, he did not answer the second question, and his answer to the first question is not explicit, because indeed all these imams took from the Book and the Sunnah, but they differed, and when there is a difference, it is obligatory for the people of knowledge to return to the Book and the Sunnah. This is what we see in your leaders and commanders; they do not announce that we are with the Book and the Sunnah, we are on the Hanafi madhhab, and the Hanafi madhhab is one of the followed madhhabs. For this and that, I still hold that it is obligatory, but my enthusiasm for this matter has cooled. First, the fitnah of the mentioned killing occurred, then when I found that Hikmah Yar does not explicitly establish the Muslim state on the Book and the Sunnah if they are able to establish it in Afghanistan, and especially in the capital of Afghanistan, which is "Kabul," we ask Allah the Mighty and Majestic to restore the activity of these people to fighting these disbelievers from the communists and to enable them in the land. And I even said to that young man: They must seek the help of the people of knowledge in the various Islamic countries, because if they want to establish the state of Islam, they must necessarily establish a law and constitution based on the Book and the Sunnah, and not establish it on the Hanafi madhhab which says, for example: A Muslim is killed for a disbeliever, and the diyah (blood money) of a dhimmi (a non-Muslim under Muslim protection) is like the diyah of a Muslim, meaning: explicit contradictions to the Sunnah. If they are not knowledgeable, for example, about the madhhab of the Book and the Sunnah, they must seek the help of at least the other scholars in the various countries.
So no satisfactory answer came at all, and yet I said and I still say: That establishing the state of Islam on the Hanafi madhhab in Afghanistan is much better than the communist system, so let them establish it, but let them not stop there; they must cooperate with the other Muslim scholars.
This is what I have also regarding this last question, and perhaps we can suffice with this amount.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
