Bilal Abdul Kareem
I recently had a discussion about the issue of attacking and killing non combatants. It was specifically about Alan Henning but it was a part of a larger concept. Why is it important for Muslims to discuss these issues in a time when Islam is under heavy attack? The reason is simple, before the ISIS ideology became the darling of the media world and was given 24 hour coverage, Muslims were gaining much support particularly in regards to the Syrian struggle. I believe that this undercut a larger strategy by some who wish to keep all Islamic fighters “terror lists” in the hearts and minds of people around the world. In effect they paint all of them with the same brush. I don’t think that is any more accurate of a picture than saying that all Americans are the same. They simply aren’t. I believe this is why ISIS gets so much coverage. The battle for hearts and minds was being won in 2012 and 2013 as images of Islamic fighters running up hills and mountains taking on the murderous regime forces of Bashar Assad was witnessed by all. People liked that. The image was changing. However just one year later the dominant image is now of ISIS beheading aid workers, journalists, and others unfortunate enough to get in their path because they are either from the US, UK, or another western country. Are they right? Let’s leave behind the “battle for hearts and minds” for a moment and let’s talk Islamic facts. Do they have the Islamic right to kill citizens from the west simply because they are from those lands whose governments are at war with ISIS specifically and perhaps Muslims in general? It’s time now to talk hard Islamic facts. Using some very strong research done by people of sound Islamic knowledge, I wanted to put forward this issue in clear terms. Below is a discussion of the case for it and the case against it. You decide.
The Case for it
There are those with the ISIS ideology that believe killing Alan Henning, Jim Foley and others is permissible. They say that since innocent Muslims are being killed then it is permissible to kill non Muslims who aren’t combatants as well to serve as a deterrent. They use the following verses as proof:
“And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient – it is better for those who are patient.” -Nahl: 126
Here the ISIS ideology understands that since they have harmed you with something then it is permissible to harm them with that which is equal, even killing their innocent.
Another verse they use states:
“And fight against the disbelievers collectively as they fight against you collectively. And know that Allah is with the righteous [who fear Him].” -Taubah: 36
They understand from this verse that this makes it permissible to attack all without discriminating since their missiles land on Muslim innocents without discriminating.
Another verse they use states:
“And do not kill the soul which Allah has forbidden [to be killed] except by [legal] right. This has He instructed you that you may use reason.” Al Anam:151
Since they feel they have a legal right, they feel this applies to them.
Another verse they use states:
“O you who have believed, prescribed for you is legal retribution for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.” -Al Baqarah: 178
Another verse they use states:
“And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing. And do not fight them at al-Masjid al- Haram until they fight you there. But if they fight you, then kill them. Such is the recompense of the disbelievers.” -Al Baqarah:191
Another verse they use states:
“So whoever has assaulted you, then assault him in the same way that he has assaulted you. And fear Allah and know that Allah is with those who fear Him.” Al Baqarah:194
ISIS ideology understands “then assault him in the same way that he has assaulted you” means that whatever they have done to you it is permissible for you to do the same to them. However is this the correct understanding of this verse?
The above mentioned verses are the proofs they use to support their argument. Now the other side of the divide:
The Case Against it
It should be borne in mind and used as a backdrop the following verse:
“And none shall carry the burdens of another.” Al-Anam:164
Alan Henning and others who fell victim to ISIS are not of those who attacked Muslims. A man going in and out of a grocery store in Los Angeles or London is not from amongst those who attacked Muslim so why should he carry the burden of the transgressions of others?
In one of the verses mentioned as a proof for the killing of non combatants it stated:
“Then assault him in the same way that he has assaulted you” Al Baqarah:194
About this verse the scholar Ibn Taymiya رحمه الله said: “So if someone swears at a person, then this person has the right to swear back at the person, as long as it does not transgress Allaah’s set boundaries and as long as this does not extend to other than the oppressor (perpetrator) himself. For example, if he is called a “dog” or the like of it, then he can say this back to the person. But if he were to curse his father, then it will not be allowed to curse his father back – because his father was not the one who oppressed him.”
Imaam Al Qurtubi رحمه الله explained this verse wherein he said: “Whoever oppressed you – you can take back your rights from HIM. But don’t transgress against other than him, such as his father, or son or his relatives!”
The Messenger of Allaah صلى الله عليه وسلم said: “The worst people in the Sight of Allah is the one who kills someone other than the person who committed the murder.” [Saheeh - "Musnad Ahmad", 16033 - "Al-Mustadrak Ala Sahihayn", 8097 - "Sunan Al-Daruqutni", 2771 - "Sunan Al-Kubra", 14610 - "Al-Mu'jam Al-Kabir", 17978 - "Ibn Hiban", 13/341].
Allaah سبحانه و تعالى says in the Qur’an:
“And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly – We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law].” Al Isra:33
Ibn Katheer رحمه الله said in his tafseer regarding this verse: “And His Words: “But let him not exceed the limits“, it was said that this means: the guardians (of the murdered person) should not exceed the limits, by mutilating or by taking revenge on other than the perpetrator of the murder.” “Tafsir Ibn Kathir”, 5/74
Ibn Jareer At Tabari رحمه الله who is a renowned Mufassir (tafseer) said regarding this verse: “… It means that we should not kill other than the killer, because the people in time of Jahiliyah (pre-Islamic time) used to act like this. If one of them got killed, the heirs used to kill someone more noble of the killers’ clan. They used to leave the actual perpetrator of the crime, so Allaah prohibited His servants from acting like this.”
So Muslims can respond to those who oppress them but within the boundaries. The Messenger of Allaah صلى الله عليه وسلم said: “Fulfill your trusts to those who have given you those trusts, and do not betray those who betray you.” [Saheeh - "Tirmidhi 1246", "Abu Dawud 3535"].
Ibn Taymiyah رحمه الله said: “And His Words: “And if someone transgresses against you, then transgress against them in a similar way.”… But if he were to make up a lie about him, it would not be allowed for him to make up a lie as well – because lying is a Haram act.” ["Majmu Al-Fatawa", 11/547].
Just because the enemies of the Muslims commit haram acts doesn’t make it halal for us to do the same.
Ibn Qudamah رحمه الله said: “But if he kills in a manner that is itself forbidden, then there is an agreement amongst scholars that it is not allowed to retaliate in a similar manner.” ["Al-Mughnee", 6655].
Imam al Qurtubi رحمه الله said: “And if he were to invent lies about you, it will not be permissible to lie on him – because the retribution for a sin is not another sin.” ["Tafsir Al-Qurtubi", 2/360].
One of the verses that ISIS use as proof is Al Anam:151 it says:
“And do not kill the soul which Allah has forbidden [to be killed] except by [legal] right.”
The key words are: “…except by legal right”. Killing people who did not fight us is not for us to do. So we can respond to injustice, but not to those who did not transgress against us.
As further proof look at the way Allaah سبحانه و تعالى states his commands in a verse that they use as proof:
“O you who have believed, prescribed for you is legal retribution for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.” -Al Baqarah: 178
Why would Allaah سبحانه و تعالى say: “But whoever transgresses after that will have a painful punishment”? It is so that we understand that even retribution has it’s limits and they shouldn’t be transgressed or the wronged becomes the aggressor.
See what Allaah سبحانه و تعالى says:
“Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah . But if they cease, then there is to be no aggression except against the oppressors.” -Al Baqarah: 193
The key words here are: “then there is to be no aggression except against the oppressors”.
These are the two sides of the issue.
http://www.bilalabdulkareem.com/for-against/
