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Sunday 18 Rabî` Ath-Thânî 1441 H - December 15, 2019 G



Bomb attempts
and their evil consequences

Question:

What is the ruling concerning bomb attempts and suicide operations in Algeria particularly and in other Muslim countries in general?

And what is the ruling regarding the destruction of the disbelievers' installations and terrorizing them in the their own countries and in those of Muslims with a disregard for the instigators of such operations? Is that deed considered a Jihad in the Cause of Allah if the authors are Muslims?

Provide us, may Allah reward you with what is best. We hope to have the issue founded, detailed and with evidence as you always do for us.

Response:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

It is obvious that among the conditions of the means of the call to Allah is that the aim should be lawful. If it is not, all the means will become unlawful. Among other conditions is that the means in themselves should neither go contrary to the sharia texts nor to its general rules. So it is not allowed to use those means to reach any aim or purpose. Transgressing the Islamic legislation is prohibited in means as well as objectives based on Allah's Statement:

﴿فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ﴾ [النور: 63].

The meaning of the verse:

And let those who oppose the Messenger's (Muhammad صلَّى الله عليه وسلَّم) commandments (i.e. his Sunnah –legal ways , orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them.﴿ [An-Nûr (The Light): 63].

The verse shows the warning against opposing the Prophet's commands which are general to both means and objectives at the same extent because [in Arabic] the indefinite article added to the subject means generalization.

It is known that the sharia enjoins the preservation of Adh-Dharûriyât Al-Khams(1). The Muslim's blood, property and honor are inviolable according to the Quranic text:

﴿وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا﴾ [النساء: 93].

The meaning of the verse:

And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allah are upon him and a great punishment is prepared for him.﴿ [An-Nissâ' (The Women): 93] Allah تعالى says:

﴿مِنْ أَجْلِ ذَلِكَ كَتَبْنَا عَلَى بَنِي إِسْرَائِيلَ أَنَّهُ مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا﴾ [المائدة: 32].

The meaning of the verse:

Because of that We ordained for the Children of Israel that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land –it would be as if he killed all mankind.﴿ [Al-Mâ'ida (The Table Spread With Food): 32)].

The Prophet صلَّى الله عليه وسلَّم says: “All things of a Muslim are inviolable for his brother in Faith, his blood, his property and his honor”(2). He also says:

“Your blood, your property and your honor are inviolable to you all like the inviolability of the day of yours, in the city of yours”(3). The Prophet صلَّى الله عليه وسلَّم says: “The end of the world is lesser evil in the sight of Allah than the murder of a Muslim”(4).. `Abd Allâh Ibn `Umar رضي الله عنهما narrated: “I saw the Messenger of Allah performing circumambulation around the Ka ̀bah and saying how pleasant you are and how sweet is your smell; how great you are and great is your sanctity. By Him in Whose Hand the soul of Muhammad is, indeed the sanctity of the believer is greater to Allah than your sanctity; so is his property, his blood; and We think only good of him(5).

For that reason, adopting the means such as bomb explosions, destruction, sabotage, assassination and suicide attempts demolishes this final fundamental and breaks the sharia texts which enjoins its preservation. This shows that “Unlawful means are forbidden”; and “The means which lead to unlawful are forbidden.” So, whoever considers the objectives of the sharia without taking account of its means or vice versa takes a part of religion and neglects the other part. Allah تعالى says:

﴿أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَاءُ مَن يَفْعَلُ ذَلِكَ مِنكُمْ إِلاَّ خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَى أَشَدِّ الْعَذَابِ وَمَا اللهُ بِغَافِلٍ عَمَّا تَعْمَلُونَ﴾ [البقرة: 85].

The meaning of the verse:

Then do you believe in a part of the scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world; and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do.[Al-Baqara (The Cow): 85].

This contradicts also the guidance of the Prophet صلَّى الله عليه وسلَّم who used to recommend the Muslim fighters in war moral directives such as loyalty in pacts and covenant and to avoid treachery and prohibited the killing of women, old people, children and so on. Abu Hâmid Al-Ghazzâli رحمه الله said in exposing the speech on making use of unlawful means to reach good aims: “…This is total ignorance. The [good] intention does not make it far from being oppression, aggression and a sin. The fact that he wants to reach good through evil – contrary to the sharia – is another sin. If he is aware of it, he is then obstinate to the sharia. And if he does not know it, he is disobedient by his ignorance since seeking knowledge is compulsory on every Muslim”(6).

This statement is confirmed by Ibn Taymiya رحمه الله who said: “All the means used by people to reach their aims are not necessarily legitimate or permissible. They become so if their benefits are considered more important than their conveniences in what is authorized by the sharia”(7).

This being said, the prohibition of those destructive methods and acts of demolition is not restricted to the right of the Muslim, but includes the disbeliever as well: be it a protectee, having a treaty with the Muslims or being under their security, according to Allah's Statement:

﴿وَإِنْ أَحَدٌ مِنَ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ حَتَّى يَسْمَعَ كَلاَمَ اللهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ﴾ [التوبة: 6].

The meaning of the verse:

And if anyone of the Mushrikûn (polytheists, idolaters, pagans, disbelievers in the Oneness of Allah) seeks your protection then grant him protection –so that he may hear the Word of Allah (the Qur ́ân)- and then escort him to where he can be secure.﴿ [At-Tauba (The Repentance): 6].

The pact of security granted to the disbeliever, even if he is a fighting enemy, by a particular Muslim or a moral person like a government or body – formal or informal – should not be broken by anyone whether the disbeliever entered the country for the Muslims' need or for his personal ones. Allah تعالى says:

﴿وَأَوْفُوا بِعَهْدِ اللهِ إِذَا عَاهَدْتُمْ﴾ [النحل: 91].

The meaning of the verse:

And fulfill the Covenant of Allah when you have covenanted.﴿ [An-Nahl (The Bees): 91].

In another verse, He says:

﴿وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولاً﴾ [الإسراء : 34].

The meaning of the verse:

And fulfill (every) covenant. Verily, the covenant, will be questioned about.﴿ [Al-Isrâ' (The Night Journey): 34].

He also says:

﴿وَبِعَهْدِ اللهِ أَوْفُوا﴾ [الأنعام: 152].

The meaning of the verse:

and fulfill the covenant of Allah.﴿ [Al-An ̀âm (The Beasts): 152].

The disbelievers themselves certified and witnessed that the Prophet صلَّى الله عليه وسلَّم never proved treacherous but he made it one of the hypocrite's characteristics in saying: “Whenever he makes a covenant, he proves treacherous(8). He insisted on the obligation of respecting the pact according to his Prophet’s صلَّى الله عليه وسلَّم statement: “Whoever kills a person having a treaty with the Muslims will not smell the fragrance of Paradise, even though the fragrance is detected from a distance of forty years”(9). It is for every Muslim to conclude pacts of security with a disbeliever even it is a Muslim woman based on the Prophet's صلَّى الله عليه وسلَّم statement: “All Muslims are equal, the covenants they make are respected even of the lower”(10). When Umm Hâni رضي الله عنها gave refuge to a polytheist the year of the Great Conquest of Makka, ̀Ali Ibn Abi Tâlib رضي الله عنه wanted to kill him. She went to see the Prophet صلَّى الله عليه وسلَّم and informed him. He said to her: “We grant protection to the one to whom you granted protection, O Umm Hâni”(11).

Undoubtedly, the means of bomb attempts, destructions, suicide operations, assassinations and others are ignominious. So their use is rejected by the sharia because of the fact that they entail great disasters, sins and acts of mischief, such as:

- The massacre of the population by transgressing the sanctity of the Muslim country in terrorizing those who live there peacefully; killing innocent people and suppressing preserved souls, ruining their wealth and efforts and wasting their properties.

- The use of violence and oppression leads to a counter aggressive reaction and an equivalent or stronger attack causing the spread of trials and chaos in the Islamic nation, the weakening of its force and the rupture of its cohesion and unity. This opens a gap through which the enemy of the religion intrudes to overpower the Muslims, in addition to the negative effects of the use of acts of violence upon the field of the call to the way of Allah which regresses, owing to the restriction of the people in charge by different means.

In return, the Muslim living in a Muslim country with a sovereign state has the right to be governed by just and fair rulers who preserve them their religion – by which their affairs are protected – with all its merits and values and without any modification, change, distortion or falsification. They have the right to see their homes and properties protected against the enemies' plots and their countries against any domination and unlawful resource exploitation and to have their honor preserved because all Muslims are equal. Maintaining these requirements is the rulers' responsibility based on the Prophet's صلَّى الله عليه وسلَّم statement: “All of you are guardians and are responsible for your subjects. The ruler is guardian and responsible for his subjects”(12).

Among the fruits of establishing justice with right is to achieve the tranquility of the believer's soul, the calmness of his heart, the replacement of hatred by love and discontent by complaisance. The Prophet صلَّى الله عليه وسلَّم informed about the honor of the just for their Lord in saying: “The just will be seated upon pulpits of light. Those who are with regards to their judgment and their family and those of whom they are in charge.”(13). He صلَّى الله عليه وسلَّم also said: “Seven are (the people) whom Allah will give shade of His Throne on the day when there would be no shade other than His Throne's shade: A just ruler”(14).

Finally, it is more necessary than ever for the nation to be recalled to a sincere religious call to Allah based on the Book and the Sunna according to the understanding of the Salaf of the nation. Its necessity today is more than ever. For that reason, it is obligatory to insist on acquiring Islamic knowledge and considering its source with endowment of Islamic morals and manners, calling people to the way of Allah with wisdom, fair preaching and a better dispute; showing patience with the enemies, opponent, biased and spiteful people applying Allah's تعالى Statement:

﴿قُلْ هَذِهِ سَبِيلِي أَدْعُو إِلَى اللهِ عَلَى بَصِيرَةٍ أَنَا وَمَنِ اتَّبَعَنِي وَسُبْحَانَ اللهِ وَمَا أَنَا مِنَ الْمُشْرِكِينَ﴾ [يوسف: 108].

The meaning of the verse:

Say (O Muhammad صلَّى الله عليه وسلَّم), ‛This is my way; I invite unto Allah (i. e. to the Oneness of Allah –Islamic Monotheism) with sure knowledge, I and whosoever follows me (also must invite others to Allah (i. e. to the Oneness of Allah – Islamic Monotheism) with knowledge). And Glorified and Exalted is Allah (above all they associate as partners with Him). And I am not of the Mushrikûn (polytheists, pagans, idolaters and disbelievers in the Oneness of Allah; those who worship others along with Allah or set up rivals or partners to Allah)’.﴿ [Yûssuf (Joseph): 108].

The task of calling people to Allah with sure knowledge, patience and perseverance with it, is surely the greatest jihad in the cause of Allah. Ibn Al-Qayyim رحمه الله stated that the jihad with argument and speech precedes the jihad with the sword and spear, in saying: “This jihad is that of the followers of the Prophets. It is also the jihad of the Imams and is better of the two owing to its great benefits, intense spiritual capital and a great number of enemies”(15). Yahya Ibn Yahya, the sheikh of Al-Bukhâri said: “The defense of the Sunna is better than the jihad in the cause of Allah”(16). Abu `Ubayd Al-Qâssim Ibn Sallâm stated: “The one who holds fast to the Sunna is like the one who holds embers tight in one's hand. And for me he is today better than striking swords in the cause of Allah”(17).

May Allah set right for the Muslims their conditions and shield them from the plots of the enemies of religion. If the Muslim likes good for himself, he should like it for his fellow-brothers and bring it to them. Similarly, if he hates evil for himself, he should hate it for them. He has to avert his doing evil to them and strive to avert others' evil to his brothers in Islam based on the Prophet's صلَّى الله عليه وسلَّم: “No one of you becomes a true believer until he likes for his brother what he likes for himself”(18).

The perfect knowledge belongs to Allah عزَّ وجلَّ. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.

Algiers: Ramadân 20th, 1429H

Corresponding to September 20th, 2008



(1) Adh-Dharûriyât Al-Khams: is, in Islam, the preservation of religion, self, honor, reason and property. Translator’s note.

(2) Reported by Muslim in As-Sahîh, chapter of “Good, maintaining good relations and good manners”, concerning oppressing the Muslim, leaving him without assistance, looking down upon him, and forbidding his blood and his honor (6/67), Abu Dâwud in As-Sunan, chapter of “Good manners”, concerning backbiting (hadith 4884) and At-Tirmidi in As-Sunan, chapter of the good and maintaining good relations, concerning the pity the Muslim should observe towards his fellow-brother Muslim (hadith 2052), on the authority of Abu Hurayra رضي الله عنه.

(3) Reported by Al-Bukhâri in As-Sahîh, chapter of “Knowledge”, concerning the fact that the present should convey knowledge to the absent (hadith 105) and Muslim in As-Sahîh, chapter of “Oaths for establishing responsibility for murders, and fighters” concerning emphasizing the prohibition of blood, honor and properties (hadith 4383), on the authority of Abu Bakra رضي الله عنه.

(4) Reported by At-Tirmidi in As-Sunan, chapter of “Blood money”, concerning what is said about emphasizing the kill of the believer (hadith 1395), An-Nassâ'i in As-Sunan, chapter of “The prohibition of blood”, concerning emphasizing the prohibition of blood (hadith 3987), on the authority of `Abd Allâh Ibn ̀Amr رضي الله عنهما and Ibn Mâjah in As-Sunan, chapter of “Blood money”, concerning emphasizing the prohibition of killing a Muslim unjustly (hadith 2619), on the authority of Al-Barâ' Ibn ̀Âzib رضي الله عنه. This hadith is judged authentic by Ibn Al-Mulaqqin in Al-Badr Al-Munîr (8/347) and by Al-Albâni in Sahîh Al-Jâmi ̀ (hadith 5077).

(5) Reported by Ibn Mâjah in As-Sunan, chapter of “Trials”, concerning the prohibition of killing a believer and taking his property (hadith 3932), on the authority of `Abd Allâh Ibn ̀Amr رضي الله عنهما. This hadith is judged Hassan (good) by Al-Albâni in As-Silsila As-Sahîha (7/2/1250).

(6) See Ihyâ' `Ulûm Ad-Dîn (4/368).

(7) See Majmû` Al-Fatâwa by Ibn Taymiya (27/177).

(8) Reported by Al-Bukhâri in As-Sahîh, chapter of “Faith”, concerning the sign of the hypocrite (hadith 34) and Muslim in As-Sahîh, chapter of “Faith”, concerning stating the attributes of the hypocrite (hadith 210), on the authority of Ibn `Amr رضي الله عنهما.

(9) Reported by Al-Bukhâri in As-Sahîh, chapter of “Jizya (tribute) and armistice”, concerning the sin incurred by the person who kills one having a treaty with the Muslims unjustly (hadith 2995) and Ibn Mâjah in As-Sunan, chapter of “Blood money, concerning the one who kills a person having a treaty with the Muslims (hadith 2686), on the authority of Ibn `Amr رضي الله عنهما.

(10) Reported by Abu Dâwud in As-Sunan, chapter of “Jihad”, concerning the squadron which gives some of spoils to the army, on the authority of `Abd Allâh Ibn ̀Amr رضي الله عنهما. This hadith is judged authentic by Al-Albâni in Irwâ' Al-Ghalîl (7/265).

(11) Reported by Al-Bukhâri in As-Sahîh, chapter of “Jizya (tribute) and armistice”, concerning the safety and refuge given by the women (hadith 3000) and Muslim in As-Sahîh, chapter of “Desirability of Ad-Duha (Forenoon-After Sunrise Prayer)” (hadith 1669), on the authority of Umm Hâni رضي الله عنها.

(12) Reported by Al-Bukhâri in As-Sahîh, chapter of “Manumission”, concerning the fact that the slave is guardian of his master's property (hadith 2419) and Muslim in As-Sahîh, chapter of “Rulership”, concerning the virtue of the just ruler and the punishment of the oppressor ruler (hadith 4724), on the authority of Ibn `Umar رضي الله عنهما.

(13) Reported by Muslim in As-Sahîh, chapter of “Rulership”, concerning the virtue of the just ruler and the punishment of the oppressor ruler (hadith 4721) and An-Nassâ'i in As-Sunan, chapter of “The good manners the judges should observe”, concerning the merit of the just ruler (hadith 5379) and Ahmad in Al-Musnad (hadith 6449), on the authority of Ibn `Amr رضي الله عنهما.

(14) Reported by Al-Bukhâri in As-Sahîh, chapter of “Community and rulership”, concerning he who stays in the mosque waiting for the prayer (hadith 629) and Muslim in As-Sahîh, chapter of “Zakat”, concerning the virtue of hiding the charity (hadith 2380), on the authority of Abu Hurayra رضي الله عنه.

(15) See Miftâh Dâr As-Sa ̀âda by Ibn Al-Qayyim.

(16) See Majmu` Al-Fatâwa by Ibn Taymiya.

(17) See Tarîkh Baghdâd by Al-Khatîb Al-Baghdâdi (12/410).

(18) Reported by Al-Bukhâri in As-Sahîh, chapter of “Faith”, concerning the fact that it is a sign of faith to like for one's (Muslim) brother what one likes for himself (hadith 13) and Muslim in As-Sahîh, chapter of “Faith”, concerning the fact that among the signs of faith is to like for one's (Muslim) brother what one likes for himself (hadith 175), on the authority of Anas رضي الله عنه. An-Nassâ'i added, in the end of the hadith, in As-Sunan, chapter of “Faith and actions” the following: “Of good”. This addition is judged authentic by Al-Albâni in As-Silsila As-Sahîha” (hadith 73).