The rulings of Islam were revealed in stages in response to the prevailing circumstances at the time, however, the completion of the religion disallows the rescinding of those rulings due to any change of circumstances the Ummah may undergo. In other words, just because our circumstances may change and resemble the Makkan period in some aspects, we cannot revert to the rulings present in that period and discard the rulings subsequently revealed in Madinah.
Evaluating a [contemporary] era and comparing it with either the Makkan or Madinan stage and then making an analogy based on that is not one of the Shari’ah evidences nor one of the principles of deriving laws.
If one were to follow the idea of stages in the implementation of the law and made that one of the foundations for the laws, it would lead to great and widespread evil
Of course, within the Shari’ah there are rulings under what is known as the “rukhas” or “exemptions”. Or, a ruling may be an exception from the general ruling due to the absence of a condition or the presence of a preventive factor.
The argument that jihad, the greatest act in Islam, is suspended due to weakness among the Muslims, or because of their lack of territory under their control, cannot be supported by the doctrinal evidence. There is no exemption from jihad after the comprehensive ayah:
“…انْفِرُوا خِفَافًا وَثِقَالًا وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ ۚ ذَٰلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ…”
“…March forth, whether you are light or heavy, and strive hard with your wealth and your lives in the cause of Allah. This is better for you, if you but knew…”
As Abu Talhah said about this ayah, “Allah did not leave an excuse for anyone”.
This is particularly true when we consider that jihad today is defensive in nature. The argument that we cannot perform jihad because we do not control our lands is a grave mistake. The fact that we do not control our lands is precisely why jihad is necessary, indeed, obligatory, because we have been invaded and dominated.
The urgent need for us is not to figure out how to liberate ourselves without making jihad, it is how to develop strategies and tactics of jihad that will actually accomplish the goal of liberation and independence.