It was said in al-Nawazil al-Kubra, a Maliki juridical verdicts' books relating to Nawazil:
To establish the obligation of Jihad [upon the people], the existence or the permission of the leader is not required, -
To establish the obligation of Jihad [upon the people], the existence or the permission of the leader is not required, -
it is merely a condition of completion and perfection and not compulsion, it is also known and clear that Jihad is a purpose of Imamah and it is a way to establish it, because in most cases it isn't complete unless with it, so, -
if it was possible to conduct without it there's no meaning to say that it is a condition to do it. How do you leave the legal purposes because of the inexistence of usual ways to conduct it?
In case of the presence of a leader, he is to be inquired from to presence the social order and public trust, however it is proceeded without his consent for several reasons, in case of fear that his permission will be delayed or in case the leader was sinful and there's a -
possibility he will [do what causes] the opportunity to miss.
In case he way unjust ruler and denied Jihad to be conducted it shouldn't be considered unlawful to proceed with it if his harm was avoidable.
In case he way unjust ruler and denied Jihad to be conducted it shouldn't be considered unlawful to proceed with it if his harm was avoidable.
This issue is similar to when the Imam might deny the permission to conduct Jumu'a prayer but the people still have obligation to conduct it as long as they're safe from his harm, and when there's no Imam at all is it conducted and his inexistence doesn't effect it at all, -
as mentioned in al-Mudawana and al-Mukhtasar, therefore the opportunity of shouldn't be missed it the leader wants to miss it and the texts if the madhab supports all of this.
**A section of the fatwa of sidi 'Abd Allah al-'Arabi al-Fasi.**
**A section of the fatwa of sidi 'Abd Allah al-'Arabi al-Fasi.**
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