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 commend your pursuit of knowledge and your keenness to know the Islamic teachings and rulings. We earnestly implore Allah to bless your efforts in this honorable way.
First of all, we would like to make it clear that one of the basic principles in Islam, that the prominent Muslim scholars have reiterated again and again, is that Islam abhors violence without discrimination as to the religion of people who happen to be the victim of violence. Islam maintains the protection of life and does not sanction any violation against it, irrespective of the people’s religion, race, sect, etc.. The Qur’an says about the prohibition of murder, “…Take not life, which Allah hath made sacred, except by way of justice and law: thus does He command you, that ye may learn wisdom.” (Al-An`am: 151) “Nor take life, which Allah has made sacred, except for just cause. And if anyone is slain wrongfully, We have given his heir authority (to demand Qisas or to forgive): but let him not exceed bounds in the matter of taking life; for he is helped (by the law)” (Al-Isra’: 33)
It is also clear that even if the war takes place between Muslims and non-Muslims, there are certain religious and human conditions that should be taken into consideration; one of them is that the innocent civilians should not be attacked. The life of all human beings is sacrosanct according to the teachings of the Qur’an and the guidance of our blessed Prophet Muhammad, peace and blessings be upon him and upon all the Prophets and Messengers of Allah.
On February 15, 2000, the prominent Muslim scholar, Sheikh Yusuf Al-Qaradawi, was asked about fighting in Chechnya, and he gave the following fatwa:
"As long as people of Chechnya fight in defense of their lands, honor and religion against a tyrannical oppressive force, which does not fear Allah nor have mercy on any creature, their fighting is Jihad. There is a scholarly consensus (Ijma`) that whoever fights in defense of his religion, land and household, and is killed in that fighting, is considered a martyr (Shahid).
We all know that the people of Chechnya did not launch an attack against anyone; however they have been attacked and killed in their homes. But we are sure that Allah the Almighty will help them put their enemy to rout, grant them victory and help them gain supremacy in their lands. Allah, Exalted be He, says: “Permission to fight (against disbelievers) is given to those (believers) who are fought against them (believers) victory.” (Al-Hajj: 39) The recent days augurs victory for Chechnya, and the Promise of Allah will for sure come true soon. Allah, Exalted and Glorified be He, says, “If Allah is your helper none can overcome you...” (Al `Imran: 160)"
Later on, Sheikh Yusuf Al-Qaradawi issued a fatwa to point out that Islam never justifies aggression against innocent people irrespective of their race, religion, etc. Following is the text of the fatwa:
"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 is qualified 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, in fortiori, 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 paid his debt: That no laden one shall bear another's load." (An-Najm: 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, "Whosoever killeth a human being for other than man slaughter or corruption in the earth, it shall be as if be had killed all mankind…" (Al-Ma'idah: 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. By the same token, 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."
Thereby, in Shariah, 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."
In conclusion, the theme of the fatwas can be summarised in a clear-cut point that In Islam, Jihad is not to kill others or to deny their existence or their rights to live and develop their life. It is only a means of protection against any aggression or injustice.
You can also read:
Jihad: When and Upon Whom?
Attacking Civilians in War Times: Juristic Approach
Does Islam Call for Killing Innocents?
Do Muslims Kill Their Opponents?
War Ethics in Islam
