Must a Muslim son seek permission from his Muslim parents before undertaking voluntary Jihad?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a man's parents are Muslim, he is not permitted to undertake voluntary Jihad without their permission. This ruling is supported by narration attributed to Umar and Uthman, and adopted by Malik, Al-Awza'i, Al-Thawri, Al-Shafi'i, and the rest of the scholars. Evidence for this is found in the Hadith where a man asked the Prophet for permission to fight, and upon learning he had parents, the Prophet told him, "Strive (Jihad) in relation to them." Another narration states that when a man came to pledge allegiance for Hijra, leaving his parents weeping, the Prophet commanded him to return and make them laugh as he had made them cry. This precedence is due to the fact that honoring parents (Birr al-Walidayn) is an individual obligation (Fard 'Ayn), while Jihad is generally a collective obligation (Fard Kifayah), and the individual obligation takes precedence.
Supporting text
If the parents are not Muslim, their permission is not required, which is the position of Al-Shafi'i. Al-Thawri held that permission is required based on the general nature of the narrations. The prevailing proof for exemption is that many Companions whose parents were disbelievers, such as Abu Bakr Al-Siddiq, Abu Ubaydah, and Abu Hudhayfah ibn Utbah, participated in Jihad without their permission. The general narrations concerning permission are specified (Mukhassas) by these examples. Furthermore, if the parents are enslaved, permission is likely required because they are Muslim parents, similar to free persons, although another view suggests their permission is not needed due to lack of legal guardianship. If the parents are insane, permission is not required as seeking it is impossible.