A Legal Fatwa On The Situation In Iraq In 1423 Ah / 2002 Ad (Before The Occupation)

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

In addition to the dangerous calamities and the great disasters that still overwhelm Muslims in their homes, foremost of which is the disaster of the Zionist occupation of Palestine, there is a great catastrophe and another dangerous catastrophe that is about to happen to Muslims in their homes, which is what America is threatening in terms of a clear aggression against Iraq and a complete occupation of its land. It has enormous power on land, sea and air, with a clear and clear declaration of its intention to do what it wants to do from the invasion of Iraq and direct rule for it. What is the Islamic ruling on this great calamity and the dangerous catastrophe that is about to befall Iraq and its Muslim people? This is what we want to explain to people, and to Muslims in particular, so that those who live on their own will live and those who perish on their own will perish.

First: From the Book of Allah Almighty

Our Lord, Blessed and Exalted be He, said:

(وَقَاتِلُوا فِي سَبِيلِ اللَّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلَا تَعْتَدُوا ۚ إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَ)

(Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors). And the significance of this noble verse is that it obligates Muslims to fight those infidels who fight them, and the Americans came with their soldiers from overseas and mobilized their forces to fight us in our homes, so we must fight them in response to Allah’s explicit command of this obligation because he came in the form of the command indicating the obligation without the presumption of his distraction from this obligation.

And our Lord, the Most Majestic, said:

(يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَتَّخِذُوا عَدُوِّي وَعَدُوَّكُمْ أَوْلِيَاءَ تُلْقُونَ إِلَيْهِم بِالْمَوَدَّة...)

(O you who have believed, do not take My enemies and your enemies as allies, extending to them affection), and this verse was revealed in "Hatib bin Abi Balta’ah" when he wrote to people of the polytheists in Mecca informing them of the intention of the Messenger of Allah, may Allah bless him and grant him peace, to invade them and conquer Mecca when they broke the covenant.. The significance of this verse is that it forbids supporting the enemies of Islam, even if by telling them what the Muslims are determined to do, so the Muslims are forbidden For their enemies to support them with what is more dangerous than mere news, it is more appropriate to prevent and prohibit such as providing them with actual material aid. It is not said that this verse relates to that incident only, because the fundamentalist rule says 'the lesson is in the generality of the expression and not regarding the cause'.

And Our Lord said to the Almighty: 

(لَّا يَتَّخِذِ الْمُؤْمِنُونَ الْكَافِرِينَ أَوْلِيَاءَ مِن دُونِ الْمُؤْمِنِينَ وَمَن يَفْعَلْ ذَٰلِكَ فَلَيْسَ مِنَ اللَّهِ فِي شَيْءٍ إِلَّا أَن تَتَّقُوا مِنْهُمْ تُقَاة)

(Let not believers take disbelievers as allies rather than believers. And whoever [of you] does that has nothing with Allah, except when taking precaution against them in prudence), came in the interpretation of this verse: ' allies is loving the pro ...' and this is not permissible for a Muslim to grant victory to the American aggressors On their Muslim brothers in Iraq.

Second: From The Purified Sunnah

1  It came in a hadith reported by the great imam, the sheikh of the hadiths Al-Bukhari, may Allah have mercy on him (A Muslim is a brother of another Muslim. So he should not oppress him nor should he hand him over), And the meaning does not hand him over: 'that is, he protects him from his enemy and does not leave him with those who harm him or in what harms him, but rather helps him and defends him.' It is the duty of every Muslim to help the Muslim people of Iraq in their plight and the disaster that will befall them with all possible means of victory until the evil of the aggressors Americans is repelled. It is loyal to Iraq and its people.

2  In the noble Prophet’s hadith (Help your brother, whether he is an oppressor or is oppressed". A man enquired: "O Messenger of Allah! I help him when he is oppressed, but how can I help him when he is an oppressor?" He (  ﷺ ) said, "You can keep him from committing oppression), then the Muslims have two duties:

   [I] prevent the unjust from his injustice as prevent him from injustice in every possible way , and that not assist him on his crime , and this is less types to prevent him from injustice.

   [II] that Muslims stand next to The oppressed are defending with him against the oppressor. Accordingly, the Muslims must support the Muslim people of Iraq in pushing back the aggression of the Americans against them by every possible means, and they must completely refrain from supporting the aggressors of the Americans.

Third: From the sayings of the jurists

1  Our jurists, may Allah Almighty have mercy on them, said: The jihad [Aldafe] is to fight the infidels, the aggressors if they occupy a country from the abode of Islam or are determined to do so and proceed with its introductions, in this case this jihad - the jihad of payment - must be upon every Muslim who is able to fight the infidels because fighting them In this case a specific imposition, the jurists said: “The woman who is able to fight without her husband’s permission goes out, the boy goes out without the permission of his parents, and the slave goes out without the permission of his master.” Since the Americans have decided to occupy Muslim Iraq and have embarked on its advances, then all Muslims in Iraq must fight them and prepare for this Fighting, because fighting them has become an individual duty on the Muslims in Iraq.

2  Our jurists, may Allah Almighty have mercy on them, said, and if the people of the occupied Muslim country by the infidels did not suffice in pushing them out of this country, then the specific legal obligation passes to the closest, then the closest to this country. And since the people of Iraq are not able alone to push the aggression of the aggressors Americans, nor are they able to expel them from Iraq if they enter it due to the tremendous material strength of the aggressor Americans, the specific legal duty is transferred to the Muslims in the countries neighboring Iraq, and the Muslims from these neighboring countries must fulfill their legal duty in The Americans fight the aggressors in support of their brothers in Iraq, and the rulers of these neighboring countries must enable them to do so. And to completely abstain from assisting the aggressors.

3  Some jurists said, as it came in Al-Qasimi’s interpretation called Mahasin al-Ta'wil, “The support of the infidels over the Muslims necessitates disbelief.” So Muslims beware of this support for the aggressive Americans.

Fourth: Advice To All Muslims

As a matter of advice to Muslims to show them that it is forbidden for a Muslim to love with his heart the coming of the Americans and their occupation of Iraq, no matter what the motive for his evil love is this because love is in Allah and hatred in Allah is one of the closest bonds of faith and the meaning of love in Allah and hatred in Allah is that the Muslim’s love for what he loves and hates him for what He hates him according to what Allah loves or hates, and there is no doubt that Allah Almighty does not like the rule of the infidels over a Muslim country or a Muslim people. The Muslim should also not like the domination of the Americans over Iraq and its Muslim people, and that every Muslim feels a tendency or love for the Americans to come to Iraq and its occupation, remind him of what It came in the beginning of Surah [Al-Rum], in which Allah Almighty informed the believers of the victory of the Romans over the Persians in a few years, and that Muslims would rejoice in this victory. The Almighty said:

(الم (1) غُلِبَتِ الرُّومُ (2) فِي أَدْنَى الْأَرْضِ وَهُم مِّن بَعْدِ غَلَبِهِمْ سَيَغْلِبُونَ (3) فِي بِضْعِ سِنِينَ ۗ لِلَّهِ الْأَمْرُ مِن قَبْلُ وَمِن بَعْدُ ۚ وَيَوْمَئِذٍ يَفْرَحُ الْمُؤْمِنُونَ (4) بِنَصْرِ اللَّهِ ۚ يَنصُرُ مَن يَشَاءُ ۖ وَهُوَ الْعَزِيزُ الرَّحِيمُ))

((1) Alif, Lam, Meem (2) The Byzantines have been defeated (3) In the nearest land But they, after their defeat, will overcome (4) Within three to nine years,To Allah belongs the command before and after. And that day the believers will rejoice (5) In the victory of Allah. He gives victory to whom He wills, and He is the Exalted in Might, the Merciful), The commentators said in the Almighty saying: (And on that day the believers will rejoice) that is, the believers rejoice in the primacy of Allah Almighty over those who do not have a book and they are the people of Persia.

If the matter of the Muslim is that he rejoices in the victory of someone who is closer to Islam, meaning one of the meanings that is farthest from Islam, then this also means, according to the concept of contradiction, that the believer does not rejoice in the victory of the one who is farthest from Islam over the closest to Islam. Accordingly, the joy of a Muslim should be with the victory of the people of Iraq over the aggressive American infidels, and that a Muslim never rejoices in the victory of the infidels Americans over the Muslim people of Iraq.

It is evident that joy in and obtaining a thing includes loving and obtaining that thing. The Muslim should notice these meanings and their conclusion is that he does not like the victory of the Americans over the people of Iraq, because this is forbidden.

Fifthly: Commitment To The Provisions Of Islam Takes Precedence Over Others

We would like to remind our Muslim brothers rulers in all Islamic countries that it is absolutely impermissible to assist Americans in their aggression against Iraq under the pretext that their countries are members of the United Nations and this membership binds them to what the Security Council decides. If this Council authorizes America to launch its aggression against Iraq and that all participating countries must In the membership of the United Nations, helping America in its aggression against Iraq, this assistance is not legally permissible because the Muslim’s commitment to the rulings of Islam is preceded by other obligations. There is no difference in this between a ruler and a ruled. We remind our Muslim brothers the stance of Germany, a non-Muslim country. America is participating in its war against Iraq, and if permission is issued to it by the Security Council, then will it remain an excuse for any Muslim ruler to cooperate with America in its aggression against Iraq under the pretext that the Security Council authorized it to do so and that every country should assist America in implementing this permission?

Sixth: Hope And Please

We hope and ask our brothers, the scholars of Islam, to fulfill their legitimate duty in this great calamity that is about to happen to Iraq and the disasters and calamities that will follow, so that our scholars will educate the Ummah and enlighten it of the legal duty it has against this fierce attack that America is preparing to strike Iraq and occupy its land, and Our honorable scholars contact the Muslim rulers and remember their legal duty towards Iraq and their victory as rulers and in their hands the command and the prohibition, and that this reminder be the clear and explicit communication that is required in every communication of the law of Allah, which is what Allah commanded His Messengers to do.

And the Almighty said (  وَمَا عَلَى الرَّسُولِ إِلَّا الْبَلَاغُ الْمُبِينُ ) (And there is not upon the Messenger except the [responsibility for] clear notification), That is, the clear and frank communication, and with this they leave the covenant and fulfill what Allah has obligated them to do in terms of clarification, clarification and enlightenment to the nation of what it is obligated by Shariah. May Allah Almighty guide our scholars, rulers, and all Muslims to that which He loves and is pleased with, and to show us the truth as truth, and to guide us to follow it, and to show us falsehood as false, and to help us to avoid it, 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.

Dr.. Abdul Karim Zidan

Sha'ban 29, 1423 AH, corresponding to 11- 4 -2002 AD

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Published on: 2015-02-16 (5942 Reads)