Chapter Two

the Quran and Hadith. For instance, the Quran (4:83) tells us that if a state of fear is created by an enemy, one should not initiate action against it on one’s own. Rather, one should turn to those who are in authority—that is, those who have governmental powers. The latter should accurately gauge the situation and take proper and necessary steps. This verse tells us that in the event of fear (a situation of war), it is not legitimate for members of the general public to take steps on their own. The only thing they can do is to leave the matter with the rulers and assist the latter in whatever actions they may take. Likewise, according to a hadith in the Sahih al-Bukhari, the Prophet is said to have declared that the leader is a shield. War is undertaken under his leadership, and protection is secured through him. This indicates that military defense must always be conducted under the ruler’s leadership. The only duty of the general Muslim public in this regard is that they should obey their rulers, and, giving them their support, should help them succeed in their efforts. This fiqh issue is one on which there is unanimity among the fuqaha, or scholars of Muslim jurisprudence. Almost no Islamic jurisprudent of note has any differences with it. According to the unanimous agreement of the fuqaha, only an established government can declare war. Or, as it is said in Arabic, ar-raheelu lil imam, meaning that the declaration of war is the sole prerogative of the ruler. Non-governmental actors do not have the right to make such a declaration. War is something that needs considerable organization. Only a sovereign government is capable of dealing with its complexities. It is because of this that it is legitimate only for a government to declare war, and not the general public. In present times, Muslims have launched violent confrontations with governments in various countries. But almost wholly without exception, these are not Islamic jihads, but, rather fasad, or conflict. This is because none of these socalled jihads has been launched by an established government.