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There was a kerfuffle in Gaza in response to a statement by a major religious figure criticizing Hamas for its attack on October 7 2023:
Professor Dr. Salman al-Dayah, a former dean of the Faculty of Sharia and Law at the Islamic University of Gaza, issued a fatwa against Hamas for their October 7 attacks, the BBC reported on Friday.
Fatwa is an Islamic religious decree made by a recognized Islamic jurist, Faqih, as a response to a question asked by a judge or government.
The document accused Hamas of “violating Islamic principles governing jihad.”
Dayah added, “If the pillars, causes, or conditions of jihad are not met, it must be avoided in order to avoid destroying peoples’ lives. This is something that is easy to guess for our country’s politicians, so the attack must have been avoided.”
international Islamic scholars issued a letter to counter al-Dayah’s fatwa and support Hamas’ decision to murder 1,200 Jews.
It is quite lengthy, and respectful of Dayah’s position and reputation. Here are some highlights of their arguments for murdering Jewish civilians and putting Gaza civilians at risk.
First of all, it is divisive to oppose Hamas terrorism:
The most dangerous thing about the matter is that the article may be understood as an absolute rejection of jihad in the Gazan reality, and a mistake in its path originally, and an underestimation of its great achievements throughout its long blessed journey, despite the sacrifices that are necessary on this path, and the matter is not related to the last flood war only, and from here it is necessary to respond and warn against this grave mistake that represents a great danger to the blessed journey of jihad, and comes at its origins and foundations, and weakens the resolve of the mujahideen, and divides their ranks…
Second, it argues that jihad is a holy obligation but most Muslims never get a chance to do it personally.
The great freedom of Islamic work in calling to Islam, preparing for jihad, and other things, which was never available, and is rarely available anywhere in the world.
Moreover, the jihad is necessary to destroy Israel and build a new Caliphate.
This is more important, that this jihad removed the state of weakness, feebleness and submission before the enemy, and kept the flame of this great duty in the heart of the nation, especially in Jerusalem and its environs, alive and burning; as a prelude to its renaissance, its people and its promised second caliphate – God willing – and this is the basic mission of the people of Palestine until they rescue with their nation the captive Al-Aqsa Mosque, which is the responsibility of the entire nation,...These great achievements and others are more evident than the sun at noon.
The war may be necessary to perform the ultimate genocide of Jews, as Allah promised.
He did not notice the intermingling of the Sunnahs in it, and that perhaps what is happening is the ultimate corruption and great arrogance that will lead the Children of Israel to their faces being ruined, and the rescue of Al-Aqsa from them, and their disappearance as Allah the Most High promised, so it will be a link in the chain of jihad and ribat on the path to victory.
Tens of thousands of dead Muslims is a small price to pay for the chance to eradicate Jews:
What is required in the affliction of calamity is patience, regardless of the form of the affliction or its cause; In any case, if people are patient, this trial will be good and a mercy for them, regardless of its cause.
The attack on October 7 is a legitimate act and a fulfillment of the duty of jihad, and there is no doubt about that, and its people will be rewarded with the reward of the great jihad, God willing
The letter does admit that, perhaps, the timing of the attack was wrong, and that perhaps Hamas could be criticized for locating its military targets among the people. But those are individual errors and do not detract from the greater issue of the importance of Jihad.
Then comes more antisemitism, not sullied by the pretense of being merely “anti-Zionist.”
Whoever knows the truth of the Jews, their beliefs, their arrogance, their crimes and their great corruption on earth, and their religious war with us under the shadow of their extreme right-wing government, knows the truth of what we have mentioned, and the truth of the Almighty’s saying: “And never will the Jews or the Christians be pleased with you until you follow them… And they will not cease fighting you until they turn you back from your religion if they are able” [Al-Baqarah: 217].
The attacks on October 7 were defensive, not offensive, and therefore obligatory:
The October attack in itself is a defensive jihad, not a jihad of demand, because the reality is that the Jews are besieging Gaza, and occupying its air, sea, and envelope before it, so it is occupied in reality, so expelling them from it is obligatory and is a defensive jihad. And even though we allow disagreement in the ruling on the timing of the attack in terms of right and wrong, because it is a matter of consideration, due to the many evils that result from it and the many interests that are also brought about, then disagreement in the legitimacy of the original act is not permissible, because it is a defensive jihad that is obligatory in principle.
And of course there is honor to consider:
The true believer sees the humiliation of surrendering to the infidels, and the breaking of the banner of faith as a breaking that is difficult to recover from, and it is a painful and long affliction that he cannot truly bear, and everything less than that is easier for him as long as he has breath…
They deny Hamas uses human shields, saying that the fatwa is based on Israeli propaganda:
– There is also something unjust in his words when he provides evidence for the Mujahideen in exaggerating the mistakes, not making excuses in light of the difficult reality in which they work, and not seeing the great good deeds and huge sacrifices. Rather, it repeats and reinforces the words of the enemies without examining them, unfortunately; such as his saying: “The Mujahideen take the people of the sector as a shield to protect themselves from the attacks of their enemy without caring about the size of the disaster resulting from that.”
This is a great injustice to the Mujahideen who are doing everything they can to spare civilians any loss. They are their brothers, fathers, sons and clan, and they feel pain for their pain, so how can this be thought of them?
The signatories:
Sadiq Al-Ghariani – Grand Mufti of Libya
Muhammad al-Hasan bin al-Dido al-Shinqiti – Head of the Center for the Training of Scholars (Mauritania)
Dr. Hammam Saeed – President of the Global Coalition to Support Jerusalem and Palestine (Jordanian Muslim Brotherhood)
Hamed Al-Ali (Kuwait)
Dr. Abdul-Hay Youssef – President of the Academy of the Supporters of the Prophet, may God bless him and grant him peace (Sudan)
Dr. Muhammad Yusri Ibrahim – Vice President of the Muslim Scholars Association (Egypt)
Dr. Nawaf Takrouri – Chairman of the Palestinian Scholars Association (Jordan)
Dr. Wasfi Ashour Abu Zaid – Professor of Maqasid and Usul al-Fiqh (Turkey, I think)
Dr. Al Hassan Al Kattani – President of the League of Scholars of the Maghreb (Morocco)
Dr. Ahmed Hawwa – Secretary General of the Syrian Scholars Association
Dr. Sheikh Attia Al-Adlan – Professor of Islamic Jurisprudence and Politics (Egypt)
Dr. Ahmed Al-Jawhari – Director of the Institute at Al-Azhar Al-Sharif
Dr. Muhammad Hammam Melhem – Head of the Miraj Center for Research and Studies (Turkey)
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