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Sheikh
Yusuf Al-Qaradawi, chairman of the IAMS |
All
thanks and praise are due to Allah, and peace and
blessings be upon the Messenger of Allah who was
sent as a mercy to the whole world. Pea ce and
blessings be upon the rest of the prophets and
messengers, and those who honorably followed them
until the Day of Judgment.
The
International Association of Muslim Scholars
(IAMS) was really appalled to see the bloody
incidents both inside and outside the Muslim world
such as those that took place in Egypt, London,
Turkey, and other countries. Such grisly incidents
left behind great numbers of innocent civilian
casualties who were killed in cold blood without
any sin committed on their part. The IAMS, which
is keen to clarify Islam’s stance concerning
these grisly bombings, decides the following for
the whole Muslim Ummah and other nations:
1.
All divine religions in general and Islam in
particular assert the sanctity of human life and
strongly prohibit aggression against it. All
divine religions clearly state that the blood of
all human beings is sacred and unlawful to shed
unless the human being himself committed a
criminal act or caused corruption in the land or
transgressed against the lives of others. The
Qur’an, along other divine scriptures, states
that [Whosoever killeth a human being for other
than manslaughter or corruption in the earth, it
shall be as if be had killed all mankind, and
whoso saveth the life of one, it shall be as if he
had saved the life of all mankind]
(Al-Ma’idah 5:32).
2.
Islam considers killing others and taking their
lives as one of the gravest of sins in the sight
of Allah. Such heinous sin and abominable crime
lead to Allah’s curse in this world and His
severe punishment in the Hereafter. In addition,
committing such a crime is a strong support for
the application of retaliation or qisas on
the perpetrator and it makes no difference whether
the one they killed is a Muslim or a non-Muslim.
Allah Almighty says, [Whoso slayeth a believer
of set purpose, his reward is Hell for ever. Allah
is wroth against him and He hath cursed him and
prepared for him an awful doom] (An-Nisaa’
4:93).
The
above divine warning encompasses all those who
utter the Shahadatayn (Two Shahadahs)—testifying
that there is no God but Allah and that Muhammad
is the Messenger of Allah. The Prophet (peace and
blessings be upon him) strongly condemned `Usamah
ibn Zayd when he killed a man in one of the
battles after the man had uttered the Shahadatayn. The
Prophet addressed `Usamah saying, “Have you
killed him after he uttered the Shahadatayn,
`Usamah!” To this `Usamah responded,
“Prophet of Allah, he uttered the Shahadatayn
for fear of the sword (that is, in order to save
himself from being killed).” The Prophet (peace
and blessings be upon him) then said, “Have
you split his heart into two pieces?”
Thus,
we are to deal with people as Muslims as long as
they are apparently known to be Muslims. The above
ruling also applies to those who have a permanent
pledge with Muslims. This category of people is
named by Muslim jurists as Dhimmi or non-Muslims
living under the protection of the Muslim state.
This category is protected by the covenant of
Allah, His Prophet, and the whole Muslim Ummah.
They are known, according to all jurists, as ahl
dar al-Islam or the people belonging to the
abode of Islam; they are citizens who enjoy the
same rights and bear the same responsibilities as
Muslims.
There
is another category of people who have an interim
pledge with Muslims, such as those who enter
Islamic territories through the state authorities
or any other recognized body such as travel
agencies, etc. The individual pledge of security
of a single person is as effective as the state
pledge, and it prohibits any violation or
cancellation of this individual pledge.
With
this in mind, Islam considers the act of issuing
an entrance visa to a tourist to be a pledge of
security given to this tourist, and hence it
categorically prohibits transgressing the security
given to tourist. The Prophet (peace and blessings
be upon him) is reported to have said, “Anyone
who kills a Dhimmi will not smell the fragrance of
Paradise ” (Al-Bukhari).
3.
Islam, which prohibits killing innocent civilians,
also prohibits terrorizing the secured and
terrifying the peaceful. Islam considers it a
basic right that everyone enjoys security
regarding himself, his family, his property, his
religion, and all other special rights that man
strives to protect. Islam ranks safety as one of
the top blessings Allah favored man with, and it
considers committing any violation against this
safety as an act that entails Allah’s curse in
the Hereafter and His punishment in this world. It
is no wonder that Islam stresses the punishment of
theft and highway robbery, as such crimes threaten
the security of people.
Islam
also prohibits terrorizing the Muslim even if it
is done jokingly. The Prophet (peace and blessings
be upon him) stressed this when he said to a
Muslim who jokingly terrorized his brother, “It
is not permissible for a Muslim to terrorize
another Muslim.” In this hadith, the
Prophet did not intend terrorizing Muslims in
particular, but the word Muslim was
mentioned in the above hadith because the context
of the situation was that a Muslim terrorized
another Muslim and not somebody else (that is, a
non-Muslim). With all this in mind, the Prophetic
hadith assures “The
believer is the one to whom people feel secured
regarding their blood and property.”
4.
The Islamic Shari`ah basically asserts openly that
every man is responsible for his own actions,
mistakes, and crimes. A person is not responsible
for mistakes or crimes done by others unless he is
personally sharing in them. Allah Almighty says, [Each
soul earneth only on its own account, nor doth any
laden bear another’s load] (Al-An`am 6:164).
Moreover, the Qur’an declares that this ruling
is shared by all divine scriptures, as Allah
Almighty says, [Or hath he not had news of what
is in the books of Moses. And Abraham who paid his
debt. That no laden one shall bear another’s
load] (An-Najm 53:36-38).
Based
on this, it is not permissible to punish the
innocents because of an act committed by the
guilty or to punish the group for a sin committed
by a handful of its individuals. Taking the rough
with the smooth, as far as the issue in point is
concerned, is an erroneous judgment that does not
belong to the Shari`ah. The Islamic Shari`ah has
nothing to do with the acts of those few deviated
people who follow its teachings but change them
from their proper contexts. They claim to punish
people because of injustices done by their rulers.
Reality
bears witness that the victims of those crimes are
the peaceful citizens such as those who were
killed in London bombings recently while going to
their work in the morning or going to their
schools, universities, etc. The same are those
victims killed in the bombings that hit the
Egyptian Red Sea resort of Sharm El-Sheikh. Those
innocent victims are peaceful Egyptians and
tourists given the pledge of security as clarified
above.
5.
The ethical constitution of legitimate war in
Islam dictates that it is prohibited to kill
anyone except those who are fighting. In this
legitimate war, fighting is restricted to
face-to-face confrontation between Muslims and the
army of the aggressors. Upon seeing a woman killed
in the battlefield, the Prophet (peace and
blessings be upon him) renounced the act and said,
“That woman
shouldn’t have been killed anyway!”
Moreover,
the Prophet (peace and blessings be upon him)
forbade killing women, children, the aged, monks
in their hermitages, farmers in their lands, and
traders. This ruling of prohibition is stressed by
the Qur’anic verses, the Prophetic hadiths, as
well as the directives given by the Rightly-Guided
Caliphs.
How
come that people who neither carry a weapon nor
participate in war against Muslims practically or
verbally are killed?
6.
The IAMS has previously issued a fatwa related to
the prohibition of kidnapping innocents who have
nothing to do with war. Even if it happened that
an innocent is kidnapped, then he should be dealt
with honorably, as he enjoys the same honorable
status of treatment that should be rendered to the
prisoners of war (POWs) whom the Prophet ordered
his followers to treat kindly, as Allah Almighty
says regarding them: [and afterward either
grace or ransom till the war lay down its burdens]
(Al-Ahqaf 47:4).
For
the above, the IAMS has asked the kidnappers to
fear Allah regarding those who kidnapped them, and
to treat them honorably until they set them free.
The IAMS took part in releasing the French and
Italian hostages in Iraq, and it has condemned the
killing of the head of the Egyptian diplomatic
mission in Iraq, too, and these days it calls for
the release of the Algerian diplomat in Iraq and
those kept with him.
7.
Indeed, the IAMS condemnation of all these
bombings and devastating acts that aim at killing
others, demolishing their infrastructure, and
terrorizing them, doesn’t mean that we justify
the injustices and tragedies against Muslims in
Palestine, Iraq, Afghanistan, and other Muslim
countries. As Muslims, we should resist these
injustices and tragedies using legitimate means.
It is not permissible to take the occurrence of
such injustices as a pretext to perpetrate
criminal acts. The IAMS calls for mutual
cooperation between the rulers and the ruled to
stand together to face these immense threats
imposed on the whole Muslim Ummah. Such threats
require concerted efforts to be done in order to
achieve mutual aims. |