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Last Update: 04:49 GMT, Thursday, Dec. 03, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

Heba

Title

Attacking Iraq: To Whose Voice Should Muslims Listen?

Question

Dear scholar! If the UN Security Council agrees to attacking Iraq, can the Arab countries participate or even help in such an attack? To whose voice should Muslims listen; the voice of our sense of belonging to Islam or the voices of Western countries like the US and the UK claiming to have a legitimate right to add to the sufferings of the Iraqi people?

Date

10/Dec/2002

Name of Counsellor

Group of Muftis

Topic

Organizations & Treaties, Relations during War

Answer

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

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

Dear questioner! Thanks for your question, which reflects your concern for your Muslim nation. It is the responsibility of every committed Muslim to care for his Muslim Ummah and his Muslim brothers in the four corners of the globe. Not only that, it’s the characteristic of a true Muslim to show concern for any pain or calamity befalling any nation, be it Muslim or non-Muslim. Muslims are urged not to condone injustice or oppression regardless of who happen to be the victim.

As regard the case of `Iraq, one rule to be made clear is the rule of Al-Wala’ Wal Bara’ (Loyalty and Disavowal). This rule stipulates that Muslims'loyalty should be to Allah, His messenger, peace and blessings be upon him, and the community of the believers. This loyalty should stem from our love for them all. The same rule calls on us to show be at alert as regard our relation with people who take to holding grudges against Islam or Muslims, people whose goal is to destroy Muslim Ummah. We are not permitted to help those enemies at the expense of our fellow Muslims.

In the light of this, it’s to be stressed that if the Security Council passes a resolution that paves way for attacking Iraq, no Muslim country is permitted to participate or help in this attack in anyway, either by joining the so-called allied forces or opening its territory to be used as a base for lunching this attack.

Addressing this point in both Shari`ah and international Law’s perspectives, Dr. Ahmad Abul-Wafa, professor of International Law at Cairo University, states the following:

“The main principle of Shari`ah state that a Muslim is not permitted to help a non-Muslim in attacking his fellow Muslim brother. Almighty Allah says: “Allah will not give the disbelievers any way (of success) against the believers.” (An-Nisa’: 141)

As regard the UN Security Council Resolutions, the Chapter 7 of the Charter stipulates that all the resolutions of the Security Council, whenever there is any threat to international peace and security, are binding upon all members of the UN.

However, the same Charter states that the provision of armed forces that UN Security Council plans to use is optional on all members. This means that no state will be forced to supply forces or even participate in the military campaign.

Thus, Muslim countries can- while declaring its abidance by the Security council resolutions- refuse to participate in the war and refuse the attacks completely. Every country has the right to refuse the establishment of military bases on its lands. Even upon allowing the construction of such bases, the Muslim country can stipulate that no other country is to be attacked through these military bases.”

The Grand Muslim scholar and well-known Da`iyah, Sheikh Yusuf Al-Qaradawi states:

“The rule of Al-Wala’ Wal Bara’ calls upon us to show loyalty to the believers and enmity to the enemies of the Muslim nation. Almighty Allah says: “ O ye who believe! Choose not My enemy and your enemy for friends.” (Al-Mumtahanah: 1)

We should differentiate between people who pose as enemies to us and other non-Muslims who live under the protection of Muslim countries. Since the latter reside in Muslim countries and are under the protection of those states, according to Shari`ah, they are to be paid their rights in full and must never be subjected to harm. To those people, Almighty Allah enjoins us to be good and just. He, Glory be to Him, says: “ Allah forbiddeth you not those who warred not against you on account of religion and drove you not out from your homes, that ye should show them kindness and deal justly with them. Lo ! Allah loveth the just dealers.” (Al-Mumtahanh: 8)”

In making it clear that supporting the ongoing American campaign on Iraq is Haram, Sheikh Qaradawi adds:

“It is well known among Muslim scholars that assisting the United States in this campaign is Haram (prohibited), that there is no benefit for any Arab or Islamic country in assisting the U.S. in its aggression against Iraq and that Islam prohibits oppression and assisting oppressors.

We must not feel helpless and say that we're oppressed. We must do something to fend this oppression. I really call upon the Iraqi government to be wise. The wise person chooses the least of two bad situations and I think the Iraqi government will consider the return of the inspectors, but it doesn't want the return open without any limitations or conditions, or else Iraq will be under sanctions forever.”

Sheikh Faysal Mawlawi, vice Chairman of the European Council for Fatwa and Research, adds:

“Launching attacks against a Muslim country, using the territory of another Muslim country as a military base, represents an act of helping non-Muslims against a Muslim country. This is a form of Wala’ (Support) which Almighty Allah forbade us to offer. By this, we help the enemies of Islam against our Muslim countries. Almighty Allah says: “ O ye who believe! Choose not My enemy and your enemy for friends.” (Al-Mumtahanah: 1)”

In the light of the above, it's clear that Muslims, rulers and subjects, should unify their stand in opposing such aggression against a Muslim country, still suffering from the sanction imposed on it more than a decade ago, with no sign of mercy to its innocent children and helpless people. Muslims should raise their voice high against this oppressive scheme; just as they should do whenever they see their fellow brothers in humanity in a similar sorry state of affairs.

Almighty Allah knows best.

Allah Almighty knows best.

 

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