May 15, 2011

Taliban, Al- Qaedah & Al-Qisas - the Law of Equality in punishment

80 killed in twin Taliban blasts in NW Pakistan

ISLAMABAD, May 13 (Xinhua) - Two Pakistani Taliban bombers Friday struck a training center of security forces in the country' s northwest and killed 80 people and wounded over 100 others, a provincial minister said.
Security personels gathered at the blast site in northwest Pakistan's Charsadda on May 13, 2011.  (Xinhua/Saeed Ahmad)

Taliban said the deadliest attacks were the first to avenge the death of al-Qaida chief Osama bin Laden who was killed by United States forces in the Pakistani city of Abbotabad on May 2.

The bomber struck the center of Frontier Constabulary (FC) at the town of Shabqadar, 35 kilometers from Peshawar, the capital of Khyber Pakhtoonkhwa province and killed 69 militia recruits, who had completed one-year training and were ready to assume duties including anti-terror mission. They were about to go home on a 10-day leaves.


Senior Provincial Minister Bashir Bilour confirmed that 80 people, mostly security men, were killed and around 115 others were injured.

The first bomber, riding on a motorcycle, detonated his explosive vest near the main gate of the roadside Frontier Constabulary training center. The second bomber, who too was on a motorcycle, struck about eight minutes later as security personnel were removing the dead and injured from the scene, witnesses and police said.
Injured persons are seen in a truck outside a hospital in northwest Pakistan's Peshawar on May 13, 2011.
(Xinhua/Umar Qayyum)

Frontier Constabulary commandant Akbar Hoti told reporters that precautions taken by his force had limited casualties.

"We were taking precautions, such as sending the personnel on leave in batches of 15. More casualties were caused by the second blast," Hoti told reporters.

News & Photo from xinhuanet.com

**********************************
Al Qur'an - القرآن ‎

Surah Al-Baqarah (The Cow) - سورة البقرة
Ayat 178-179

بسم الله الرحمن الرحيم

يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
Sahih International
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
Muhsin Khan
O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.
Yusuf Ali
O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
Malay
Wahai orang-orang yang beriman! Diwajibkan kamu menjalankan hukuman "Qisas" (balasan yang seimbang) dalam perkara orang-orang yang mati dibunuh iaitu: orang merdeka dengan orang merdeka, dan hamba dengan hamba, dan perempuan dengan perempuan. Maka sesiapa (pembunuh) yang dapat sebahagian keampunan dari saudaranya (pihak yang terbunuh), maka hendaklah orang yang mengampunkan itu) mengikut cara yang baik (dalam menuntut ganti nyawa), dan (si pembunuh pula) hendaklah menunaikan bayaran ganti nyawa itu) dengan sebaik-baiknya. Yang demikian itu adalah suatu keringanan dari Tuhan kamu serta suatu rahmat kemudahan. Sesudah itu sesiapa yang melampaui batas (untuk membalas dendam pula) maka baginya azab seksa yang tidak terperi sakitnya. 
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ
Sahih International
And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.
Muhsin Khan
And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqun (the pious - see V.2:2).
Yusuf Ali
In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves.
Malay
Dan di dalam hukuman Qisas itu ada jaminan hidup bagi kamu, wahai orang-orang yang berakal fikiran, supaya kamu bertaqwa. 
Just as this directive of Qisas has been given to us, it was given to the previous nations of the Prophets. While referring to the Old Testament, the Qur’an says:

Surah Al-Mā'idah (The Table Spread) - سورة المائدة
Ayat 45

بسم الله الرحمن الرحيم

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ ۚ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
Sahih International
And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers.
Muhsin Khan
And We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrong-doers - of a lesser degree).
Yusuf Ali
We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.
Malay
Dan kami telah tetapkan atas mereka di dalam kitab Taurat itu, bahawa jiwa dibalas dengan jiwa, dan mata dibalas dengan mata, dan hidung dibalas dengan hidung, dan telinga dibalas dengan telinga, dan gigi dibalas dengan gigi, dan luka-luka hendaklah dibalas (seimbang). Tetapi sesiapa yang melepaskan hak membalasnya, maka menjadilah ia penebus dosa baginya; dan sesiapa yang tidak menghukum dengan apa yang telah diturunkan Allah, maka mereka itulah orang-orang yang zalim. 
continue @ renaissance.com.pk

Killing muslims by Imam Anwar Al-Awlaki


Fatawa: Bombing Innocents: IUMS's Statement

Question:

The whole world was shocked upon seeing the blasts that rocked a market and a busy restaurant area in Egypt's Red Sea resort of Dahab. Many questions have been raised as a result. What is the Islam's stance on attacking and killing civilians?


Answers:

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thanks for your important question, and we implore Allah to guide us all to the best and to help us understand the peaceful teachings of Islam.

One of the important objectives of Islam is to safeguard people’s life, property, and honor. Islam prohibits aggression against innocent people, Muslims and non-Muslims alike. The Qur’an and the Sunnah are abundant with provisions that crystallize and emphasize this principle. In the Sunnah we read that a woman entered Hellfire because she tied up a cat until it starved. Then what will be the fate of those who shed innocent people’s blood and violate their rights?

Moreover, we would like to stress that in Islam, there is an interim pledge that is given to people who enter Muslim countries through the state authorities or any other recognized institution such as travel agencies. Issuing an entrance visa to a tourist is considered a pledge of security (i.e. `ahd aman). Islam prohibits any violation or cancellation of this pledge even if it is an individual one.

In this regard, we would like to cite for you the following statement issued by the International Union for Muslim Scholars (IUMS), headed by the world-renowned scholar Sheikh Yusuf Al-Qaradawi:
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. Peace and blessings be upon the rest of the prophets and messengers, and those who honorably followed them until the Day of Judgment.

The International Union for Muslim Scholars (IUMS) 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 IUMS, 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 IUMS 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 IUMS has asked the kidnappers to fear Allah regarding those who kidnapped them, and to treat them honorably until they set them free. The IUMS 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 IUMS 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 IUMS 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.

I am writing this declaration as a response to the covenant Allah took on the scholars to clarify the truth to mankind and not to hide it. This will help free Islam from the baseless accusations ascribed to it among which are torture, killing, displacement, exemplary punishment, suppression, and violation of the sanctity of others. This will also help us refute the claims of those who are deviating from the straight path of Islam and are changing its teachings from their proper contexts so that, (those who perish might perish by a clear proof and those who survive might survive by a clear proof) (Al-Anfal 8:42).

Our final supplication is to thank and praise Allah, the Lord of the worlds.
Are Violence and Extremism Islamic Phenomena?
Does the Qur’an Teach Violence?
Aggression Against Innocent People
Is Jihad Synonymous with Aggression?
Allah Almighty knows best.

Fatawa Issuing Body : Islam Online
Author/Scholar : International Union for Muslim Scholars
Date Of Issue : 25/April/2006

Note: islamonline.net
My Source: infad.usim.edu.my

Muslim attitudes towards violence and how to react to kaafir aggression against the Muslim community


In view of the critical situation which we Muslims are now facing in America, with aggression – which may reach the point of killing – shots being fired at mosques, women with hijaab being harassed in the streets, assaults against Muslim students in schools and universities, persecution of some Muslim employees in their workplaces, all because of the recent events in which some Muslim persons are being accused of causing explosions in the capital and elsewhere, we want to ask whether it is permissible for us to forego praying in jamaa’ah or praying Jumu’ah in the mosque? And what about our women’s hijaab? And what is the ruling on us foregoing Islamic dress?


Praise be to Allaah and blessings and peace be upon the Messenger of Allaah.


What we have heard about what our Muslim brothers are going through in kaafir countries in the north and the south, where they are being harassed and persecuted for something in which they did not take part and in which they played no role, is not strange, given the wrongdoing and hatred of the kuffaar, even though they claim to be the people of justice, fairness and freedom. What is the crime of a Muslim woman who walks down the street in her hijaab? What is the crime of a Muslim who leaves his home to go and pray, not to spread mischief in the land? What is the crime of a Muslim employee who goes to his company or a student who goes to his university or a schoolgirl who is walking to her school, not going out to bomb and destroy? If the western man in the street was fair-minded – at least with himself – he would go and take revenge on the people who plotted and took part in harming him. But one who does not fear God could do anything, and the very least that the Muslims will be faced with is curses and insults. Allaah says (interpretation of the meaning):


“and you shall certainly hear much that will grieve you from those who received the Scripture before you (Jews and Christians) and from those who ascribe partners to Allaah; but if you persevere patiently, and become Al-Muttaqoon (the pious) then verily, that will be a determining factor in all affairs”[Aal ‘Imraan 3:186]


Our attitude must be clear; we must explain to the kuffaar the ruling of Islamic sharee’ah concerning harming and killing others. We should tell them that Islam forbids harming innocent people in any way, whether that involves harming their bodies, their wealth or their honour. The Prophet (peace and blessings of Allaah be upon him) said: “There should be neither harming nor reciprocating harm.” It is not permissible to kill a kaafir who is not hostile or who has a legitimate peace treaty with the Muslims; rather treating a non-hostile kaafir with kindness is part of the Islamic religion, especially if that is done to call him to Islam and soften his heart (towards Islam). Allaah says (interpretation of the meaning):


“Allaah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allaah loves those who deal with equity”[al-Mumtahinah 60:8]


At times of war against the kuffaar, it is not permissible for a Muslim to deliberately kill a kaafir child or woman who is not bearing arms against the Muslims or helping in the fight. It was narrated that the Prophet (peace and blessings of Allaah be upon him) said to the Muslim army: “Go out in the name of Allaah and by the help of Allaah, following the way of the Messenger of Allaah. Do not kill any old man, infant, child or woman… spread goodness and do good, for Allaah loves those who do good.” (Narrated by Abu Dawood, 2614; its isnaad includes Khaalid ibn al-Faraz, of whom Ibn Hajar said in al-Taqreeb, he is maqbool (acceptable) i.e., if there are corroborating reports)


This is supported by the advice which Abu Bakr al-Siddeeq (may Allaah be pleased with him) gave to the commander of his army: “I advise you of ten things: do not kill a woman, or a child, or any old person, or cut down any fruit trees…” (al-Muwatta’, 982, Kitaab al-Jihaad).


The kaafirs whom the Muslims fight and inflict harm and loss upon are the kaafirs who fight the Muslims and drive them out of their homes, or help to drive them out of their homes and punish and mistreat them, and who stand in the way of calling people to Islam and prevent people from following the path of Allaah, and prevent the spread of Islam. Allaah says (interpretation of the meaning):


“It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allaah forbids you to befriend them. And whosoever will befriend them, then such are the Zaalimoon (wrongdoers those who disobey Allaah).”[al-Mumtahinah 60:9]


Such people are to be fought against when [the Muslims] have the power to do so, and when fighting them and declaring jihad against them is more likely to serve a purpose. But when you can achieve your purpose with gentleness and kindness, it is not right to resort to violence and force. Muslims should only use force when they are compelled to, and as a last resort. They should not initiate fighting, unless there is some cause on the part of the kaafirs, such as their fighting the Muslims, or helping other enemies of the Muslims, or preventing them from following the path of Allaah and establishing the law of Allaah in the land.


We should also remind these kaafirs of the massacres which have been carried out and are still being carried out against Muslims in all parts of the world, in Bosnia, Kosova, Chechnya, Palestine and Kashmir, which are being supported by Jews, Christians and others. Is the blood of the Muslims cheaper than the blood of others? Should there be mourners for non-Muslims who are killed and not for Muslims who are killed?


Moreover, when the Orthodox Christians carried out massacres in Bosnia and Kosova, in which the numbers of those killed exceeded 200,000, apart from those who were wounded or raped, and the economic losses that resulted, did the Muslims in the Arab and Islamic countries launch attacks against the Orthodox Christians who live in their countries, or kill any of them, or open fire against their churches and subject them to terror?! What does this tell you?


It is very important for Muslims to explain these things to non-Muslims, in order to establish proof against the kuffaar. This is something that Allaah wants. Secondly, among the kuffaar there are intelligent and fair-minded people, and people who are receptive to the guidance of Islam; perhaps they will be affected by a clear explanation. Thirdly, no Muslim should permit himself to be accused without explaining his innocence. The distorted image of Muslims is one of the things that is keeping the kaafirs away from the truth and being affected by the Muslims; indeed it may make them treat the Muslims like outcasts, resulting in additional wrongdoing towards the Muslims.


With regard to the question, it is permissible for a Muslim at times of tribulation, when they cannot walk safely through the streets or reach the mosque safe and sound, to pray at home and not attend prayers in jamaa’ah. But we must examine the situation more carefully before deciding not to attend Jumu’ah prayer because of its extreme importance. So we should not stop praying in jamaa’ah or stop attending Jumu’ah prayers on the grounds of mere speculation or an unlikely possibility of aggression. Rather if a person is certain or believes it to be most likely that he will be attacked if he goes to the mosque, then it is permissible for him not to go.


Among the opinions of the scholars concerning the permissibility of refraining from going to Jumu’ah prayers or prayers in jamaa’ah because of fear is the comment of Ibn Qudaamah (may Allaah have mercy on him) who said: “The one who is sick and the one who is afraid is excused from attending them – i.e., Jumu’ah and prayers in jamaa’ah – according to the view of most of the scholars. Ibn ‘Abbaas narrated that the Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever hears the call to prayer and is not prevented from responding by an excuse –’ They said, ‘What is the excuse, O Messenger of Allaah?’ He said, ‘Fear or sickness, (otherwise) the prayer that he offers will not be accepted.’” (narrated by Abu Dawood, 1/130. Shaykh al-Albaani classed this version of the hadeeth as da’eef (weak), but he classed as saheeh (sound) the version narrated by Ibn Maajah, 793, which says: “Whoever hears the call and does not come, his prayer is not valid, except for one who has an excuse.” Al-Irwaa’ 2/337). And Bilaal used to give the call to prayer; one day the Prophet (peace and blessings of Allaah be upon him) came when he was sick, and said, ‘Tell Abu Bakr to lead the people in prayer.’” (al-Bukhaari, 633; Muslim, 418)


Fear is of three kinds: fear for oneself, fear for one’s wealth, and fear for one’s family. The first kind means fearing capture by an oppressive ruler, or an enemy, or a thief, or attack by wild animals, or a flood, etc., which may cause harm to oneself.


The second kind means fear for one’s wealth if one leaves home, as we have mentioned, such as oppressive rulers, thieves and the like, or fear that one’s house may be broken into or burned down or something like that; in such cases one is excused from attending Jumu’ah and prayers in jamaa’ah.


The third kind means fear for one’s child and family. In all such cases one is excused from attending Jumu’ah and prayers in jamaa’ah. This was the view of ‘Ataa’, al-Hasan, al-Oozaa’i and al-Shaafa’i, and we know of no difference of opinion concerning this matter.”


(summarized from al-Mughni, 2/376).


In Fataawa al-Shaykh ‘Abd al-‘Azeez ibn Baaz, when a man asked him about refraining from attending prayers in jamaa’ah because he was afraid for his wife, he said, “If there is some danger to your wife (at home) and she is not safe, and she is surrounded by things which give rise to fear, then he is excused for praying at home because of his fear for his wife…” Then he said: “But if your wife is not safe and the place is not safe, and danger is present, then it is o.k. for you to pray at home; this is a legitimate excuse…”


Majmoo’ Fataawa Samaahat al-Shaykh Ibn Baaz (may Allaah have mercy on him), 12/42


With regard to Muslim women, they should stay in their homes and not go out – as much as they can – lest they be exposed to harm. Their relatives and neighbours should help them to meet their needs so that they will not be forced to go out. This is a means of earning great reward by helping those who are in desperate need.


With regard to Muslim men giving up distinctive Islamic dress and wearing the clothes commonly found in the kaafir society in which he lives, that is o.k., especially at times of persecution and harassment. Imaam Ibn Taymiyah said:


“The Muslim in a kaafir country that is at war with the Muslims or otherwise is not commanded to differ from them in outward appearance, because of the harm that may result from that. Rather it is recommended or obligatory for men to resemble them sometimes in his outward appearance, if that serves a religious purpose such as calling them to Islam, or finding out about their true state of affairs in order to inform the Muslims of that, or warding off their harm from the Muslims, and other righteous goals.” (Iqtidaa’ al-Siraat al-Mustaqeem, p. 176).


The words of Shaykh al-Islam Ibn Taymiyah must be understood correctly. He is speaking of special circumstances or cases of necessity; he does not mean at all that Muslims should become assimilated with the kaafirs and do evil things or drink alcohol with them or that Muslim children should go to churches and lose their Islamic identity. Rather what is meant is that it is permissible to forego distinctive Islamic dress – for example – and wear clothing of the type prevalent in the kaafir country, and to speak the language of the kaafirs, etc., in order to ward off the harm of the kaafirs, especially in an atmosphere that is charged with hostility, such as that mentioned in the question.


Perhaps these events will give the Muslims who are living in kaafir lands unnecessarily and for no shar’i purpose the opportunity to review their situation and consider going back to the Muslim world and making hijrah from the land of the kaafirs.


We ask Allaah to protect us and all our Muslim brothers from harm, wrongdoing and evil, and guide us to the right path. May Allaah bless our Prophet Muhammad and grant him peace.

Muhammad Saalih al-Munajjid
Islam Q&A website.
Source: islamqa.com


Ask The Scholar
Why are so many Moslems so anxious to give their lives in the name of suicide bombings?

Answer:

An explanation for this must be sought elsewhere, and not in the sound understanding and practice of Islam.

Islam for a fact does not allow anyone either to take his/her own life or to take the life of an innocent person- no matter what the cause may be.

Those who claim that by killing oneself and killing innocent people they are doing jihad, are clearly wrong. They are simply violating the explicit teachings of Islam. For according to the explicit teachings of the Qur’an, taking a single life unjustly is akin to taking the life of all of humanity.

Therefore, it is clear that those who do such heinous crimes in the name of jihad are indeed abusing this noble concept. As is well known to jurists belonging to all of the well established schools of jurisprudence in Islam, in order for jihad to be valid, it must be declared by a legitimate authority. In other words, jihad can never be confused with the erratic or whimsical actions of individuals who take the law into their own hands. Unfortunately, this seems to be the case in the present day Iraq. For what we see there is a complete breakdown of law and order. The American invasion of Iraq has only resulted in chaos and anarchy rather than in any semblance of order or implanting of democracy for that matter.

Therefore, all of us must seek explanations for the phenomenon of rising number of suicide bombers—a phenomenon which by no means is peculiar to Muslims alone--not in the teaching of Islam but elsewhere. Perhaps political scientists, objective journalists or social psychologists can tell us about the factors that drive people to such acts of violence, which is unthinkable for human beings to contemplate under normal conditions.

askthescholar.com

Suicide bomber cleric Yusuf Qaradawi issues fatwa warning "Anyone who kills a dhimmi will not smell the fragrance of paradise!"

July 28, 2005

islam-online.net

Bombing Innocents: IAMS's Statement
25/7/2005

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.

-----------------------------

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544414
Aggression Against Innocent People
Date of Reply 02/May/2005
Topic Of Fatwa Morals & Values
Country Applied Egypt
Question of Fatwa Dear Sheikh, As-Salamu `Alaykum wa Rahmatu Allah wa Baraktuh. Could you please clarify the Islamic stance on violence and aggression? Also, please shed light on the relation between Muslims and non-Muslims.
Name of Mufti Group of Muftis
Content of Reply
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. May Allah reward you abundantly for your interest in knowing the teachings of your religion, Islam!

One of the important objectives of Islam is to safeguard people's life, property and honor. It is in this light that Islam prohibited aggression against innocent people, Muslims and non-Muslims alike. The Qur'an and the Sunnah are abundant with provisions that crystallize and emphasize this principle. In the Sunnah we read that a woman entered Hell Fire because she tied a cat until it starved. Then, what will be the fate of those who shed innocent people's blood and violate their rights?

Shedding more light on the issue of violence, intolerance, and aggression against innocent civilians, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

No doubt, aggression against innocent people is a grave sin and a heinous crime, irrespective of the victim's religion, country, or race.
No one is permitted to commit such crime, for Allah, Most High, abhors aggression. Unlike Judaism, Islam does not hold a double-standard policy in safeguarding human rights.

Following, I would like to highlight some relevant Islamic principles based on the Glorious Qur'an and Sunnah:

1. Islam Forbids Aggression against Innocent People

Islam does not permit aggression against innocent people, whether the aggression is against life, property, or honor, and this ruling applies to everyone, regardless of post, status and prestige. In Islam, as the state's subject is addressed with Islamic teachings, so is the ruler or caliph; he is not allowed to violate people's rights, lives, honor, property, etc.

In the Farewell Pilgrimage, the Prophet (peace and blessings be upon him) declared the principle that people's lives, property, and honor are inviolable until the Day of Judgment. This ruling is not restricted to Muslims; rather, it includes non-Muslims who are not fighting Muslims. Even in case of war, Islam does not permit killing those who are not involved in fighting, such as women, children, the aged, and the monks who confine themselves to worship only.

This shouldn't raise any wonder, for Islam is a religion that prohibits aggression even against animals. Ibn `Umar, may Allah be pleased with them both, quote the Prophet, peace and blessings be upon him, as saying: "A woman (was made to) enter (Hell) Fire because of a cat which she tied, neither giving it food nor setting it free to eat from the vermin of the earth." (Reported by Al-Bukhari)

If such is Islamic ruling concerning aggressive acts against animals, then, with greater reason, the punishment is bond to be severe when human being happens to be the victim of aggression, torture and terrorism.

2. Individual Responsibility

In Islam, every one is held accountable for his own acts, not others'. No one bears the consequences of others' faults, even his close relatives. This is the ultimate form of justice, clarified in the Glorious Qur'an, as Allah, Most High, says, (Or hath he not had news of what is in the books of Moses and Abraham who fulfilled (the commandments): That no laden one shall bear another's load. ) (An-Najm 53: 36-38)

Therefore, it's very disgusting to see some people – who are Muslims by name– launching aggression against innocent people and taking them as scapegoats for any disagreement they have with the state's authority!! What is the crime of the common people then?! Murder is one of heinous crimes completely abhorred in Islam, to the extent that some Muslim scholars hold the opinion that the repentance of the murderer will not be accepted by Allah, Most High. In this context, we recall the Glorious Qur'anic verse that reads, (…if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people) (Al-Ma'idah 5: 32)

3. Ends Do not Justify Means

In Islam, the notion "End justifies the means" has no place at all. It is not allowed to attain good aims through evil means, and, therefore, alms collected from unlawful avenues are not Halal (lawful). In this context, the Messenger of Allah, (peace and blessings be upon him) said, "Surely, Allah is Good and never accepts but what is good."

Thus, in Shari`ah, with all its sources– the Glorious Qur'an, the Sunnah, consensus of Muslim jurists– aggression and violation of human rights are completely forbidden.

Besides, it is the duty of the Muslim scholars to do their utmost to guide the perplexed people to the straight and upright path.

Also, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, adds:

The Islamic position as regards non-Muslims is that they should recognize Allah's Oneness and Prophet Muhammad as Allah's Final Prophet. They should accept Islam to live happily and successfully in this world and to be saved in the Hereafter. It is Muslims' duty to give them this message clearly, but without any coercion or intolerance. If others accept this message it is good for them, but if they do not accept, Muslims should still treat them with kindness and gentleness and leave the final judgment to Allah.

In our enthusiasm for Da`wah, we should not be intolerant and aggressive towards others. However, in our politeness and civility we should also not give up our mission and message. We should not be intimidated to become quiet and we should not feel shy to tell the truth.

We must know that Islam is Allah's way to salvation. Islamic message is unique, authentic and divine. Islam is for the whole world and all people are invited to accept this message. It is our duty to convey this message in the most beautiful and effective manner. We should be the witnesses of Allah to the world by our words and our deeds to all human beings.

militantislammonitor

Thanks for coming

Thanks for coming
Terima kasih sudi hadir

Tajuk - Title