Hedaya 2.140 Annotated

Hedaya 2.141 Annotated

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Thursday, March 04, 2010

Terrorism Fatwa: Feces!

Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri has issued a 600 page fatwa, written in Urdu, which he hopes to have translated and published in English.
The fatwa is entitled: FATWA ON SUICIDE BOMBINGS AND TERRORISM. I have linked the title to an 88 page English summary in pdf format. It is likely that when published in English, the fatwa will appear on or near this minhaj books page.


Taken at face value, the fatwa appears to condemn violence against civilian populations without reservation. It places the greatest emphasis on condemning attacks against Muslims, particularly against Mosques. Unfortunately, I can not accept the fatwa at face value.

Cherry Picking: quote out of context

Beware of trickery: quoting the Qur'an out of context to distort the meaning of an ayeah, giving it a false application.
This occurs on page 52 of the description & summary where, writing about the terrorists, this citation is made:
The Holy Qur’an has vividly described them in this verse:
“It is those whose entire struggle is wasted in worldly life, but they presume they are doing very good works.” (Al-Qur’an, 18: 104)

In fact, that verse describes disbelievers; Jews & Christians. Observe the context. [Hilali & Khan quoted, linked to Pickthall, Shakir & Yusuf Ali; links below to Hilali & Khan and ten parallel translations Emphasis added for clarity.]

18:100. And on that Day We shall present Hell to the disbelievers, plain to view,

18:101. (To) Those whose eyes had been under a covering from My Reminder (this Qur'ân), and who could not bear to hear (it).

18:102. Do then those who disbelieve think that they can take My slaves [i.e., the angels, Allâh's Messengers, 'Iesa (Jesus), son of Maryam (Mary), etc.] as Auliyâ' (lords, gods, protectors, etc.) besides Me? Verily, We have prepared Hell as an entertainment for the disbelievers (in the Oneness of Allâh Islâmic Monotheism).

18:103. Say (O Muhammad ): "Shall We tell you the greatest losers in respect of (their) deeds?

18:104. "Those whose efforts have been wasted in this life while they thought that they were acquiring good by their deeds!

18:105. "They are those who deny the Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) of their Lord and the Meeting with Him (in the Hereafter). So their works are in vain, and on the Day of Resurrection, We shall not give them any weight.

18:106. "That shall be their recompense, Hell; because they disbelieved and took My Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) and My Messengers by way of jest and mockery.

Hilali & Khan
Qur'an Browser

Al-Taqeyya

On page 33, a new section begins, entitled "THE QUESTIONS THAT SPRING TO MIND AND THEIR BRIEF ANSWERS"
Q: The first question in this connection that concerns all relates to use of force to spread beliefs: is it lawful for a group or organisation to use force to promote and put into effect their own creed and beliefs in the name of reforming others’ beliefs and ideologies, presuming themselves to be on the right path? Does Islam allow, somehow, the killing of people because of ideological differences, looting their wealth and properties and destroying mosques, religious places and shrines?.

A: Islam is a religion of peace and safety that champions love and harmony in society. According to Islamic teachings, only such a person will be called a Muslim at whose hands the lives and properties of all innocent Muslims and non-Muslims remain safe and unhurt. The sanctity of human life and its protection occupies a fundamental place in Islamic law. Taking anyone's life for nothing is an act that is forbidden and unlawful. Rather, in some cases, it amounts to infidelity.[...] [Emphasis added, spelling original.]
Is it lawful for Islam to use force to promote and establish itself'; to make it superior over all other religions? Let us consult Reliance of the Traveller, the handbook of Shari'ah.

O9.8: The Objectives of Jihad

The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4) -which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High,

"Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled" (Koran 9.29),

the time and place for which is before the final descent of Jesus (upon whom be peace). After his final coming, nothing but Islam will be accepted from them, for taking the poll tax is only effective until Jesus' descent (upon him and our Prophet be peace), which is the divinely revealed law of Muhammad. The coming of Jesus does not entail a separate divinely revealed law, for he will rule by the law of Muhammad. As for the Prophet's saying (Allah bless him and give him peace),

"I am the last, there will be no prophet after me,"

this does not contradict the final coming of Jesus (upon whom be peace), since he will not rule according to the Evangel, but as a follower of our Prophet (Allah bless him and give him peace) ). [Emphasis & link added.]

Does Islam allow killing people because they are not Muslims and seizing their property? Once again, we turn first to Shari'ah for the answer. Book O, Chapter 9, Section 25 lists eight duties of subordinate rulers. The last item in the list is of interest to us.
O25.9

-8- and if the area has a border adjacent to enemy lands, an eighth duty arises, namely to undertake jihad against enemies, dividing the spoils of battle among combatants, and setting aside fifth (def: o10.3) for deserving recipients.

Of course that could only refer to established enemies of Islam who have been harassing & attacking Muslims, right? Wrong!

O9.1The Obligatory Character of Jihad

[...] In the time of the Prophet (Allah bless him and give him peace) jihad was a communal obligation after his emigration (hijra) to Medina. As for subsequent times, there are two possible states in respect to non-Muslims.

The first is when they are in their own countries, in which case jihad (def: o9.8) is a communal obligation, and this is what our author is speaking of when he says, "Jihad is a communal obligation," meaning upon the Muslims each year. [...]

Muslims have an annually recurring communal obligation to attack disbelievers even though they are in their own countries, peacefully attending their own domestic affairs. Allow killing people and taking their property? No, it is required, not allowed.

According to the Sheikh, " Islam is a religion of peace...at whose hands the lives and properties of all ...innocent non-Muslims remain safe and unhurt". The truth is that Allah issued imperatives to wage jihad against pagans until resistance ceases and Allah has a monopoly; against Jews & Christians until they are subjugated and make annual extortion payments. When we read Surahs al-Anfal & at-Taubah, we learn that Islam is permanent war.

8:39. And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allâh) and the religion (worship) will all be for Allâh Alone [in the whole of the world ]. But if they cease (worshipping others besides Allâh), then certainly, Allâh is All-Seer of what they do.

9:29. Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.

So all innocent people remain safe and secure in their property? Caution! Words spoken by Muslims do not mean what you want them to mean, their meaning is assigned by the Muslims who speak them. Innocent means Muslim. If you are not Muslim, you are a rebel against Allah, waging war against him.

Another question and answer, found on pages 36 & 37 respectively, provides more proof that the fatwa is malignant maundery.

Q: The third question arises: does Islam offer clear commands on the sanctity of human life? Is it lawful to
kidnap and assassinate foreign delegates and innocent and peaceful non-Muslim citizens to avenge the
injustices and disruption of the non-Muslim global powers?

A: The importance Islam lays on the sanctity and dignity of human life can be gauged from the fact that
Islam does not allow indiscriminate killing even when Muslim armies are engaged in war
against enemy
troops. The killing of children, women, the old, infirm, religious leaders and traders is strictly prohibited. Nor
can those who surrender their arms, confine themselves to their homes and seek shelter of anyone
be killed. The public cannot be massacred. Likewise, places of worship, buildings, crops and even trees
cannot be destroyed. On the one hand, there is a clear set of Islamic laws based on extreme discretion, and on
the other, there are people who invoke the name of Islam to justify the indiscriminate killing of people,
children, and women everywhere, without any distinction of religion or identity. It is a pity that such
barbaric people still refer to their activities as Jihad.

Lets see what Muhammad, the founder of Islam said about the sanctity of human life.

Sahih Bukhari Volume 1, Book 8, Number 387:
Narrated Anas bin Malik:
Allah's Apostle said, "I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah.' And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah." Narrated Maimun ibn Siyah that he asked Anas bin Malik, "O Abu Hamza! What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."

Our blood and property are not sacred to Muslims and we have no rights until we become Muslim. Now let us examine the proscription on killing women and children; surely it must be founded on morality?

Muslim Book 019, Number 4294:
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah (may peace be upon him) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. [...]

Note the acts which would defile and profane a holy war; two of them are relevant to our quest for truth.

  • Make a holy war
    • do not embezzle the spoils
    • do not kill the children
What do embezzlement and killing children have in common? Our first hint will come from Shari'ah.

O9.13

When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman's previous marriage is immediately annulled.

Is it clear to you yet? If not, Ibn Taimiyyah has the final clue for you, from The Religious and Moral Doctrine On Jihad.

As for those who cannot offer resistance or cannot fight, such as women, children, monks, old people, the blind, handicapped and their likes, they shall not be killed, unless they actually fight with words [e.g. by propaganda] and acts [e.g. by spying or otherwise assisting in the warfare].

Some [jurists] are of the opinion that all of them may be killed, on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute property for Muslims.

I emphasized the most critical clause in case there might be some readers with limited comprehension skills. The proscription on killing women and children is economic, not moral.

In the matter of those who surrendered; the Sheikh asserts that they must not be killed. Muhammad's excellent companions reveal the truth.

Sahih Bukhari Volume 4, Book 52, Number 280:

Narrated Abu Sa'id Al-Khudri:

When the tribe of Bani Quraiza was ready to accept Sad's judgment, Allah's Apostle sent for Sad who was near to him. Sad came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sad came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sad said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sad! You have judged amongst them with (or similar to) the judgment of the King Allah."

So, what did Muhammad do?

Sunan Abu Dawud Book 38, Number 4390:
Narrated Atiyyah al-Qurazi:
I was among the captives of Banu Qurayzah. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.

They surrendered after a long siege, Muhammad decapitated them and threw them into a trench, then he did the same to their adolescent sons. Can you say genocide? Can you recognize the fact that, like all Muslims, the learned Sheikh is a liar; that his fatwa is malignant manure? If not, then do the nation a favor, burn your voter registration card.

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