Posted on 01/05/2002 7:30:05 AM PST by knighthawk
A principle in `Ilm al-Usul states that "there is no ijtihad on clear cut text". Therefore, there is no place whatsoever for interpretation or having an opinion about any text in the Qur'an which has a clear cut meaning. Regarding the Islamic verdict about unbelievers who occupy Muslim land, specified by conclusive and clear cut text, Allah(swt) ordered us in the Qur'an:
"O you who believe, fight in the way of Allah those who fight you, and do not transgress. Allah does not like transgressors" [HQ 2:190]
and Prophet Mohammad (saw) said:
"Whosoever dies defending his land dies a shahid (martyr)" and Allah says:
"Whoever commits aggression against you, attack him back in a like manner, and fear Allah." [HQ 2.194]
Furthermore, Islam forbids us to befriend them or show them any favour so as long they are occupying Muslim land. Allah (swt) says:
"Allah does not forbid you with regard to those who do not fight you over (your) deen, nor drive you out of your home land, from dealing kindly and being righteous to them for Allah loves those who are righteous. Do not ally and be good to those who fight, you for your belief and throw you from your home land and those who assist them. Allah forbids you from doing that. [HQ 60:8-9]
As for cease-fire treaties with the enemies (non-Muslims) who occupy Muslim land, it is known from Islam by necessity that we must fight them and there is no dispute about this. However, regarding a cease-fire treaty with enemies who occupy Muslim land, these are not allowed except if four conditions, which are agreed upon by the four main schools of thought, are met and these conditions are as follows:
1. The contractor on behalf of the Muslims is the Khaleefah or his representative, because of the saying of the Prophet (saw):
"Each one of you is a guardian, and each one will be questioned about those he is responsible for...".
Also, if we look to the time of the Prophet (saw), we find that he was the only one who contracted treaties. Therefore, the treaties which are contracted by the current illegitimate leaders, or the leaders of any group, be they nationalist or Islamic, or anybody else, have no right to be part of any treaty with unbeliever's who occupy Muslim land.
2. The subject of the contract must be based on Islam and nothing else, because Allah (swt) says:
"But no, by your Lord, they will not believe (in truth) until they make you judge of what is in dispute between them and find within themselves no dislike of what you decide, and submit with full submission." [EMQ 4:65] and the Prophet (saw) said:
"Any shart (condition or stipulation of a contract) not in the Book of Allah is batil (invalid and worthless)." (aI-Tabarani in al-Mu'jam al-Kabir and al-Suyouti authenticated it in his book al Jami' al-Saghir Vol. 2 pg. 77).
Further, RasoulAllah (saw) rebuked people who laid down conditions that contradicted the Shari'ah, and he(saw) said:
"What is the matter with those people who lay down conditions that are not from the Book of Allah? Any condition not in the Book of Allah is batil, even if there are a hundred of them. The judgement of Allah is the Truth, and the condition from Allah isFire." (al-San'ani, in Subul al-Salam, Vol. 3 pg. 10, with the wording of Bukhari).
Therefore, any treaty that contains any condition not valid in Islam, such as giving non-Muslims rights over Muslim land, is clearly batil.
3. The treaty must have a limited time period, because the treaty of Hudaybiyah was limited to ten years, and Allah (swt) said, after telling the Muslims to have a treaty with the unbeliever's for four months:
"So fulfil your treaty with them till the end of their term, for Allah loves those who fear him. But when the forbidden months are past, then fight and slay the pagans wherever you find them." [HQ 9:45]
After RasoulAllah (saw) conquered Makkah, he gave the various unbeliever's four months, but in the treaty of Hudaybiyah he gave them ten years (refer to the Seerah of Ibn Hisham). The scholars say that this means that Muslims in a strong position can have a truce with the unbeliever's for a maximum of four months and in a weak position a maximum of ten years.
4. The treaty must secure the interests of Islam and the Islamic Ummah, which are defined by the Shari'ah. If any of these conditions are not met, the treaty is Batil. It is well known that peace with Israel is haram, and the following Fatawa of the scholars mention this.
The Islamic Rulings
The following Fatwa was signed in the period December 1988 to November 1989, by 63 prominent scholars and men involved in Islamic Da'wah:
All Praise be to Allah (swt), the One Who took His servant by night from Masjid al-Haram (the Sacred Mosque) to Masjid al-Aqsa (the Farthest Mosque), and peace and blessings of Allah be upon he whom was transported to the land that was blessed for mankind, the land of the first Qiblah (direction of prayer), the land of the Prophets and the place to which Divine Messages were sent down, the land of Jihad and steadfastness until Judgement Day. And peace be upon his good Family and Companions, who shed their pure blood on that blessed land until they established Islam on it, raised its banner flying high, and expelled from it the enemies of Islam who had defiled Al-Quds (Jerusalem) with shirk and Kufr. And peace be upon those Muslims who were handed down this land, for they took care of the inheritance of the Muslims, and defended it with their wealth and their lives.
Furthermore, the function of the scholars and People of opinion among Muslims is no more than to be a safeguard for the Muslims to enlighten them if they are uncertain about their way, and to address the troubles that befall them. We, the undersigned, declare to the Muslims in these difficult times, that the Jews are nothing but sworn enemies of those who believe. They have usurped Palestine, committed brutal aggression against the forsaken Muslims there, evicted the people of the land and defiled the holy places. They will not rest until they annihilate the Deen of the Muslims, terminate their presence and subjugate them everywhere.
We, in accordance with the obligation and covenant that Allah (swt) has dictated to us to proclaim the Truth, declare that Jihad is the only way to liberate Palestine, and that it is not permissible in any situation to give recognition to the Jews over even an inch of the soil of Palestine, or for any person or entity to even acknowledge the authority of the Jews over the land of Palestine, or to surrender to them any part of it or, to recognise any right for them in it. Such recognition would be a betrayal of Allah (swt), the Prophet (saw) and the trust which is for every Muslim safeguarded. Allah Says,
"O You who believe! Do not betray Allah and His Prophet and betray your trusts knowingly. [HQ 8:27]
What betrayal is greater than selling the holy places of the Muslims and surrendering Muslim land to the enemies of Allah (SWT, His Prophet (SAW) and the believers. We are sure that Palestine is Islamic land and will continue to be Islamic land. It will be liberated by brave Islamic heroes from the Jewish filth, just as the determined victor Salahuddeen did from Crusader filth. And surely this news will be announced soon. Peace and blessings of Allah be upon His slave and messenger Mohammad, and upon his Family and Companions.
The Fatwa Of The Scholars Participating In The Islamic International Conference In Pakistan.
In 1968 We have looked at the request that was presented to us about the Islamic Shari'ah ruling regarding the issue of signing a peace accord with those who have seized the land of Palestine and some of the Egyptian and Syrian lands, caused its Muslim people to flee, plundered their property, committed the gravest sins of killing, plundering and torturing Muslims, occupied Jerusalem and what it contains of sacred Islamic places, notably the farthest mosque, the first niche and the place of the Prophet's night journey and ascension to the heavens, destroyed some Islamic places like mosques, schools and houses which are all Islamic endowment, declared their dangerous desire in the Farthest Mosque and started to dig under it in preparation to take it over, and also declared their desire for other sacred places.
In answer to the above request we state that peace with those aggressor fighters is prohibited by Shari'ah because it allows the usurper to keep what he has taken, and is considered a recognition of his right to what he has taken, so it is not allowed for the Muslims to make peace with those aggressor Jews because that would allow them to remain as a state in this sacred Islamic land. In fact the Muslims have a duty to exert themselves to liberate this land from the hands of usurpers, all the Muslims have to participate in the duty of jihad until they regain that land from the aggressors, and we call upon all Muslims to cling firmly to the rope of Allah (swt) and to do what will achieve pride and dignity to Islam and Muslims.
The Fatwa Issued by Al-Azhar
The Al-Azhar Fatwa committee gathered in the Al-Azhar Mosque on Sunday 18 Jumada `Ula 1375H (1 January 1956). The committee stated that peace with Israel is not allowed according to Shari'ah because of that means acknowledging the usurper on his usurpation, the recognition of his right to what he has illegally seized, and the allowance of the aggressor to remain free in his aggression. All the heavenly revealed laws and the man-made ones have unanimously agreed on the prohibition of illegal seizure and the obligation of returning the seized propertyto its rightful owners and it urged the rightful owner to defend and call for his right. The Prophet (saw) said,
"Whoever dies defending his possessions is a Shahid, and whoever dies defending his honour is a Shahid".
In another tradition he said,
"The hand has (the sin) on it until it returns what has been taken".
Therefore, it is prohibited for the Muslims to make peace with those Jews who have illegally seized the land of Palestine and transgressed against its people and their possessions in any way that would allow them to remain as a state on this Islamic sacred land. In fact, the Muslims have to co-operate together despite their differences in colour, tongues or nation to return this land to its rightful owners, to protect and safeguard the Islamic historic places from the hands of those aggressors, and to help and aid the Mujahids who use weapons and other forceful means to do jihad and to spend in it all that they can until the land becomes pure from these aggressor tyrants.
The Fatwa of The Scholars of Najd
The scholars of Najd in June 1937 issued a Fatwa that stated that becoming friendly with the Jews in the lands of Islam is invalid and prohibited.
The Fatwa of The Scholars of Iraq
The scholars of Iraq issued a Fatwa in June 1937 stating that it is a Fard on every Muslim to resist the establishment of a Jewish state in Palestine.
The Fatwa of the President of the Central Scholars Association in India
The Muslims who sell the sacred land of Palestine to the Jews in our days or those who act as intermediaries to this appalling act despite the fact that they know that the Jews do not buy it except for evicting the Muslims of this sacred land, to replace the Farthest Mosque with the temple and to establish a Jewish state. These people are considered by Allah (swt) as those who are fighting Islam and made peace with Kufr and helped the enemies of Islam:
"These are they who have bartered guidance for error, but their traffic is profitless and they have lost true direction" [HQ 2:16]
Sheikh Omar Bakri Muhammad is Principal Lecturer of The London School Of Shar'iah and Leader of Al-Muhajiroun.
| Correspondence: The Treaty of Hudaybiya ... Muslims so vehemently deny that Muhammad broke the treaty, how can observers claim that Arafat is saying that he also intends to break the treaty? Muslims all ... www.meforum.org/meq/dec99/corres.shtml - 11k - Cached - Similar pages Muhammad and the Treaty of Hudaybiyya
Contents Untitled
|
You can use View--Source to find the URL of the page containing the article.
Is Peace With Israel Possible?: The Islamic Verdict
I was shown how to handle sites that use frames by another Freeper!
Select the frame that holds the text you want ,
then click the right button,
then select "properties" from the dropdown menu.
That will give you the windows "properties" box ,
now go to that and highlight the text to the right of Address URL --
in this case -- http://www.ummah.org.uk/albayan/verdict.html.
Copy the highlighted address info and then come back to
Free Republic and plaste the copied text in the approproiate place.
Hope this helps!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.