(Fatwas) The Security Agreement Between Iraq And America 2008

In the middle of the year 1429 AH / 2008 AD, negotiations began between Iraq and the United States of America on the so-called US-Iraqi security agreement. Sheikh Abdul Karim Zidan asked a referendum on this issue from joint Islamic figures and groups in the political process at that time.

The site, as it publishes the answers of His Eminence to these questions, would like to point out the need to read them carefully and focus in order to avoid confusion and misunderstanding because they were issued at different times and with questions of different formats.

Question:  Is it permissible for Muslims to negotiate with non-Muslims and make agreements with them ?

Answer:  Praise be to Allah, Lord of the Worlds, and prayers and peace be upon our master Muhammad and his family and companions all, and after:

   First:  It is permissible for a Muslim, whether he is an individual, a group, or a state, to negotiate with a non-Muslim, whether he is an enemy or a peaceful person, an individual, a group, or a state, provided that the purpose of this negotiation is to achieve a real interest in the balance of Islamic law.

  Second:  Based on the foregoing, it is permissible for a Muslim or the Islamic State to negotiate with the Americans, provided that the purpose of this negotiation is to achieve the following interests:

• The Americans' exit from Iraq in an appropriate period of time needed for his exit from Iraq.
  
• Release all detainees in the prisons of the Americans or in the prisons of the Iraqi authorities or the various militias.
  
• Compensating the Iraqi state and Iraqi individuals for the damage they suffered due to the occupation of Iraq because of the Americans. This compensation is to be paid by the Americans through an international committee to assess these damages.
  
• The Americans returning the Iraqi army, which the Americans decided to disband on the day they occupied Iraq, as well as bringing back the Iraqi police forces that they ordered to disband.
  

  Third:  It is permissible to add any object that the Iraqi negotiator deems necessary to be included in the negotiations, and the Iraqi negotiator may also reduce or increase the appropriate period to the satisfaction of both sides.

     Fourth:  It is not permissible to include any paragraph in the agreement that contradicts the objectives we mentioned above.

The poor to Allah Almighty  Abdul Karim Zidan  24  Shaban 1429 AH corresponding to 25-8-2008 AD

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Question:  What is the ruling on the security agreement to be concluded between Iraq and America if some of its clauses are in the interest of Iraq and others are not in its interest ?

Answer:  Praise be to Allah, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and all his companions, and after:

  First: If the treaty to be submitted proposes that it be voted on in one sentence by the Parliament or by the Council of Ministers with the word “Yes, I agree” or with the word “I do not agree ”,  then the answer must be with the word “I do not agree . ”  And it is not said how to say the word (I do not agree) and from some of its articles what is acceptable and beneficial, the answer is that most of what is in it is corrupt, harmful and malicious, and the legal rule is if the evil and the corrupt prevail in the thing, it must be rejected and not pay attention to what is in it of useful or little useful.

  Second:  If the treaty presents article by article for voting on it, approval of any article must be considered in relation to it, based on it, or as a result of it . If the total of the rejected materials because of the damage or corruption they contain, either for themselves or as a result of other materials, then these materials must be rejected.

If the rejected articles are numerous and great, either for their own sake or for the results of other articles ,  the treaty must be rejected as a whole.

The poor to Allah Almighty:  Abdul Karim Zidan

25  Shaaban 1429 AH corresponding to August 26, 2008 AD

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Question:  What is the legal ruling on the so-called “security agreement” intended to be concluded between America and Iraq, and is it permissible to conclude it according to Sharia ?

Answer:  Praise be to Allah, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and all his companions, and after:

First:  What is established in Islamic jurisprudence and agreed upon among the jurists is that if a Muslim country is occupied, the people of this country and those in authority must be legally required to expel this aggressor occupying, which is what the jurists call (Jihad Aldafe) and based on that and since America occupied Iraq and it is a Muslim country, it has become It is a specific legal duty on every sane adult Muslim, male or female, and the person with authority over it (the government) must perform this specific legal duty . This legal duty does not lapse by prescription or by the passage of time, and it is not permissible to bargain over it or replace it. Therefore, the government is not allowed to conclude this agreement, just as the House of Representatives may not endorse or approve this agreement because its contract is not permissible and what is not permissible to do is considered reprehensible. Not his endorsement, approval and retention.

Second:  It is permissible only to agree with the occupier to specify the shortest possible period for the occupier to leave Iraq in full, after which no soldier of his soldiers will remain and he will not have stability anywhere in Iraq, even if it is an inch. It is also not permissible to extend the period of his exit for any reason, and it is not permissible to associate anything with specifying the period required for his exit.

Third:  After the occupier’s exit, the government must demand that he pay all necessary compensation for what he destroyed or destroyed from the public funds of Iraq and for the private funds of individuals, and for what he took of their lives and for the damage he inflicted on the women of Iraq who were left by the occupier Ayami for killing their husbands, and to compensate Iraq’s orphaned children who Cause their orphans to kill their parents. It is not permissible for the government to waive these compensations, because they are for money and rights that the government does not own. That the behavior of the holder of the authority is restricted in his acceptance and validity according to the Shari’a by being fulfilling the interests of the subjects as ordered by the Shari’a. If not, then there is no consideration for his behavior.

Fourth:  If all of what we have mentioned is completed, the government of Iraq may conclude any agreement with any country that considers contracting the treaty with it to achieve a confirmed legitimate interest according to the legal scales and controls in contracting treaties in terms of form and content. Our Master Muhammad and upon his family and companions, and peace and blessings be upon him, and our last supplication is that praise be to Allah, Lord of the worlds.

The poor to Allah Almighty :  Abdul Karim Zidan

Shawwal 22  1429AH corresponding to October 23, 2008 AD

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Question:  Your Honor, is it possible to clarify some of the phrases that were mentioned in your fatwa regarding the agreement to be concluded between Iraq and America, such as (the Americans’ exit from Iraq), and what is your response to those who say that signing this treaty will protect us from the danger of Iran’s attacking Iraq and will miss out on Muslims some benefits ?

Answer:  Praise be to Allah, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and all his companions, and after:

Regarding the text that the Americans must leave  Iraq:

What is meant is their complete and explicit exodus, which is approved by the name of the Exodus, so it is not permissible to accept the establishment of military bases in Iraq on the pretext that the American army has left because the real exodus includes not establishing or maintaining military bases for them. With what this exit requires, it is not permissible to consider this period more than what this exit requires, and it is not permissible for it to be a long period that does not necessitate exit.

With regard to the necessity of returning the former Iraqi army and the former police forces and saying that this is not possible and is not the duty of the Americans, the answer to that is that the dissolution of the army and the police was by the order of the Americans, so their return should be by order of them because the authority is still in their hands and in force.

With regard to compensation:  This is a legitimate and legal right that the Iraqi government does not have the right to waive, and because it also includes the rights of individuals to be compensated, and we now have precedents. Germany wants to compensate the Jews, and Italy acknowledged and acknowledged that it would compensate Libya because of its occupation.

With regard to the release of Iraqi detainees from all American detention centers, militia detention centers or government agencies, this must be done immediately by announcing the commitment of the Americans and the government that it will release the detainees. The explicit and implicit Americans. These detention centers are like the detention centers of the Americans, and therefore America must release everyone at once.

It may be said that the Iraqi party, that is, the Islamic Party or the Accord Front, if they do not agree to this treaty, will be alone in this position because others will agree to it. With our consent, America will defend us, just as in our disapproval and the Shiites alone in agreeing, the Americans will free the Shiites and allow them to dominate us and give them full authority in the affairs of the state and inflict harm on other Sunnis.

The answer  to this fear, which they believe is a legitimate justification that pushes them to agree to the treaty, is an illegitimate and incorrect justification. Either it is illegal because it is not permissible for Muslims or their state to accept their protection in advance, because such acceptance requires the Americans to establish the legal rules and to intervene in many matters under the pretext that This is one of the requirements of protection to ward off the danger of Iran. But it is an incorrect justification, because the Americans do not intervene militarily to ward off Iran’s actual danger or its occupation of Iraq, unless they see their interest in this defence. That is their silence about Russia’s recognition of the two provinces belonging to Georgia, but they were satisfied with the verbal denial and did not intervene militarily to keep the two provinces of Georgia, as well as the domination of the Shiites and the Kurds over the Sunnis.

It may be said that we cannot prevent the Americans from what they want to decide and oblige us to do, for example, or allow them to interfere in Iraq's internal affairs, and therefore we can remain silent about that.

The answer to this objection is that the Americans doing what it is not permissible for them to do in Iraq is reprehensible, and the Muslim’s position on the evil is that he changes it if he is able to change it and leaves no trace of it. If he is unable to change it by hand or tongue to declare his endorsement or approval of it, then this endorsement is denied and therefore this agreement may not be approved.

And it must be known that the approval of the Islamic party on this agreement in which it is not permissible to support or approve it will cause the party a great loss and harm represented in the fall of its position  among the Muslims and the weakening of their confidence in it and consequently they do not listen to his advice or what he commands.

And may Allah’s prayers and peace be upon our master Muhammad and his family and companions, and our last prayer is that praise be to Allah, Lord of the worlds.

The poor to Allah Almighty :  Abdul Karim Zidan

_PRINTER

Published on: 2015-02-16 (5732 Reads)