This is chapter 6 from the book “Islamic Thought”
Al-Fard (duty) is the speech of the Legislator related to the decisive request of performing an action. This is like His (swt) saying,
وَأَقِيمُوا الصَّلاةَ
“Establish the Prayer” [TMQ Al-Baqarah:43]
انْفِرُوا خِفَافًا وَثِقَالًا وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ
“Go forth, light and heavy, and strive in the way of Allah” [TMQ At-Taubah: 41]
It is also like his (saw) saying.
إنما جعل الإمام ليؤتم به
“The imam was made so that he is followed”
and
من مات وليس في عنقه بيعة فقد مات ميتة الجاهلية
“Whoever dies without having a pledge (bai’ah) on his neck, he dies the death of Jahiliyyah.” All of these texts are speech of the Legislator related to decisive request of (performing) an action. What makes the request decisive is the connotation (qareenah) that came connected with the request, thus making it decisive, so it must be performed. The duty would not abolished in any way unless the obliged action has been performed. The one who neglects the duty deserves punishment for such negligence, and he continues to be sinful until he performed it. There is no difference (in this regard) between the personal duty (fard ‘ayn) and collective duty (fard ul-kifayah). All of these are duties upon all the Muslims. The saying of Allah (swt): “And establish the prayer” is a personal duty. His (swt) saying: “Go forth, light and heavy, and strive” is a collective duty. Similarly, the saying of Rasool ul-Allah (saw):
إنما جعل الإمام ليؤتم به
“The imam is made so that he is followed”, is a personal duty. While his saying,
من مات وليس في عنقه بيعة
“Whoever dies without having a pledge on his neck…” is the Legislator’s speech pertaining to the decisive request of (performing) an action. The trial to differentiate between the personal duty and the collective duty in regards of their obligation is sin in the view of Allah (swt), obstructing from the way of Allah and deception for the sake of neglecting the performance of the duties of Allah (swt). In regards to abolishing the duty from the one who is obliged of it, there is also no difference between the personal duty and the collective duty. The duty is not abolished until the action requested by the Legislator has been performed; whether it was requested to be performed by every Muslim, such as the obligatory prayers, or it was requested to be performed by all the Muslims, such as the pledge (bai’yah) of the Khaleefah. Each one of them would not be abolished until the action is performed, ie until the prayer is performed, and the Khaleefah is established and the bai’yah is taken to him. Thus the collective duty is not abolished from any one of the Muslims if some of them work to perform it, until it is performed. So, every Muslim (who do not work to perform this duty) will remain sinful as long as the carrying the action (to perform the duty) has not been completed.
Therefore, it is wrong to say that the collective duty is that which if some (of the Muslims) undertook it, it would be abolished from the rest (Muslims). Rather, collective duty is that which if some (of the Muslims) completed it, it would be abolished from the remaining (Muslims). Its abolishment then would be real, for the requested action has been executed and completed, so there is no scope for it to remain. This is the collective duty. It is the same like the personal duty. Thereupon, establishing the Islamic State is a duty upon all Muslims, i.e., upon every one of the Muslims. This duty would not be abolished from any one of the Muslims until the Islamic State exists. If some (of the Muslims) carry out the actions that establish the Islamic State, then the duty will not be abolished from any Muslims as long as the Islamic State was not established. The duty remains upon every Muslim, and the sin remains upon every Muslim until the Islamic State is established. The sin would not be abolished from any Muslim until he pursues the actions that establish it, and continue on doing so till it is established. Similarly, Jihad against the French in Algeria is a duty upon all Muslims. If the people of Algeria undertook Jihad against the French, this does not abolish the duty from any one of the Muslims until the French are completely driven out of Algeria and the victory of Muslims is achieved. This is the case of every collective duty; thus it remains a duty upon every Muslim, and it is not abolished until the requested action has been completed.
