The Reality of the Neo Crusade War

17-02-2008

بسم الله الرحمان الرحيم

الحمد لله العلي المتعال ذي القدرة والجلال و الصلاة والسلام على النبي الضحوك القتال

أما بعد

By Sheikh Asshahīd Al Mujāhid Yūsuf Al Uyerī رحمه الله

Extracts from the book

All praises be to Allāh and blessing and peace be upon the Messenger of Allāh and upon his family and companions and after that:

When the courage is decline from seeking the knowledge and reading and searching the truth and searching for Dalīl, and varying between how proof is derived from the Dalīl, and weakness of explaining the truth and weakness in spreading it. Because the people have become weak in the proofs, they do not know the rulings except in general. And when I saw that, I thought that I might bring a summary of some what came in this book, because of what its totality is not comprehended, it cannot be left as a whole. Thus I feared that one might come and increase in reading all these pages and leave the book and do not achieve an increase in good, so I wanted that I present what I mention what is in the book for all the levels in this summary (so) maybe it would clarify what is in the book, so whoever wishes to seek more, then he should read the full book, as to understand what came in it.

Before laying the fundamental upon which is appropriate to base the killing of women and children of kuffār in America, it is obligatory first, to explain an important matter, and that is, is America a land of war or land a treaty?

So the chosen word for this is; verily America is not a country of a treaty, with certainty. And it was never-even a day from the days-under a treaty. And if we get down to the level of the one who is against, and we agree that verily it is a country under a treaty, we say; it has returned back to be being a country of war, this is due to it breaching of the covenant and aiding the Jews before, fire more than 50 years, upon occupying Palestine and chasing its people out. And it is a country of war which broke its treaty when she attacked and put Irāq under siege, and attacked and put Sudan under siege and attacked and put Afghanistan under siege, and transgressed upon the Muslims.

Thus what is agreed upon is that verily it is a land of war and (in) the lands of war it is permissible for the Muslims to attack it with all kinds of destruction, because the blood and the wealth and the honor of those people are permissible for the Muslims. As the Prophet صلى الله عليه و سلم did with the Muhāribīn (fighters against Islām) from kidnapping its citizens as he (صلى الله عليه و سلم) did with Banu Uqail, and attacking the caravans as he did with the Qureish, and assassinating its leaders, as he did with K’ab bin al Ashrafand Salamah bin Abī Haqīq, and burning lands, like he did with Bani Nadhīr, and demolishing their forts, like he did in tāif and other actions besides that.

As for the talk upon the blessed operation of the Tuesday in America, so we wish from those who condemn the operation or the people who carried it out to wait, because it has not been proved, until now with a proof that, verily the person who did that were from the Muslims, and also if the Land of Cross announces that the person who did it is a Muslim, thus verily the investigations are going on are false which is not based upon neither the Book or Sunnah, and also false because the person who taking the matter is the judge, so it is not permissible in sharīah basing upon a Shar’ī rule to (come) upon this results, that why we ask to and not to haste in judgment upon individuals with the results of the investigations.

It is important that all know, that verily the fundamental regarding the blood of Muslims and their wealth and honor is that it is forbidden which is not allowed but due to a Shar’ī cause, like Qisās or apostasy or implementing Hudūd. And the fundamental in the blood and wealth and honor of the Kuffār is that it is permissible, and not prohibited except with a treaty or d himmititude (dhimmī) or with an Amān (refuge given). As for the Harbī (one who fights), thus verily the fundamental in his blood and wealth and honor is permissibility, and specified with security in regard of the blood from the Harbī’s are (their) women and children and very old, and very weak, and those who are not from the people of battle and this due to the specifying of the evidences for them and taking them from the (real) fundamental.

So in the situation of the operations which happened in America (if) done by Muslims, then it is permissible in Shar’ī ways, because it was against a fighting nation and those who are in it are harbiyyūn.

And a person might say: the people sacrificed were innocent people from women and old men and children, those whose sacredness of blood is put forward even if they were from a harbī nation, then how will these operations would be allowed in Shar’ī ways?

We say: verily the sacredness of the bloods of women and children and old men of the kuffār is not a general prohibition, but there are special situations in which killing them is allowed, if they are from people of Harb. And these situations will be in specified scenarios. And we say, the operation of Tuesday in America, innocents were sacrificed in it, but these people will not leave a status from that statuses in which their killing is permissible, and we shall mention it here. And it is enough for the oppressors to accept that one of the situations has been fit upon them, to (accept) the permissibility of the operations, because it is not a requirement, that all these be fit, but one is enough , and these situations are:

First situation: It is allowed for the Muslims to kill the innocent from the Kuffār to treat then with equality, that is if the kuffār are targeting women and children and elders of the Muslims, (then) it is permissible for the Muslims to treat them in the same manner and kill from them equal to those who were killed. This for the saying of Allāh (so whoever transgresses upon you, then transgress upon him equal to (the level of) they transgressed upon you.)

Second situation: It is allowed for the Muslims to kill the innocent from the kuffār, in the situation of Ighārah (attack suddenly or with surprise), where it is not possible to differentiate between the innocent from the fighters OR from forts, thus it is permissible to kill them, by following and intentionally, for saying Messenger صلى الله عليه و سلم, when he was asked about the children of the Mushriks who sleeps, they attack at night, thus they harm their women and children? He صلى الله عليه و سلم said (they are from them), and this proves upon the killing of women and children following their fathers, when they cannot be differentiated, and in the narration of Muslim (they are from their fathers)

Third situation: it is allowed for the Muslims to kill the innocent from the Kuffār in the situation; if the innocent help upon fighting, whether by action or word or idea or any kind of help, for the saying of the Prophet صلى الله عليه و سلمto kill Dureid bin Al Samat when he came with Hawzān, and he has reached (in age) 120 years when he came out to advice them with his opinion.

Fourth situation: it is permissible for the Muslims to kill the innocent amongst the Kuffār when it is needed to burn forts or fields of the enemies to weaken their power to conquer the fort or to bring down a country, even if the innocent amongst the enemies are sacrificed for that, as the Prophet صلى الله عليه و سلمdid with banī Nadhīr.

Fifth situation: it is allowed for the Muslims to kill the innocent from the kuffār in the situation; need to attack them with heavy weapons which doesn’t differentiate between a fighter and an innocent, as the prophet صلى الله عليه و سلمdid in tāif.

Sixth situation: It is allowed for the Muslims to kill the innocent from the kuffār in the situation in the status; of the enemy getting shielded with their women and children, and when it is not possible to kill those who fight but with killing the shields, it is permissible for them with Ijmā.

The seventh situation: it is allowed for the Muslims to kill the innocent from the Kuffār in the status: if the people of treaty breaches their traty, and the leader sees to kill the innocent to teach them a lesson, as the prophet صلى الله عليه و سلمdid in Banī Qureidha.

And a person might say: but what are the evidences in the permissibility of killing the Muslims who were in the world trade centre? As we agree that the kuffār enters in one of the above situations, but can we put the Muslims who died in the operation from those who work there?

We say: the refutation for that question is from seven ways, and it is enough for the Mukhālif (one against this) to agree to one it as to bind him to say its permissibility……

First way: It is not proven until now that Muslims were available amongst the killed, and if it is proven, we shall answer with what comes after.

Second way: it is important to find out the reasons of the person who did if he was a Muslim, if the reason was due to coercion, it is permissible for him to (do this) action. And if there is no reasons we will answer with what comes after.

Third way: verily the more certain thought is based upon that; verily the targets which were hit, only Kuffār would be there, and acting upon what thought with most certainty, in the Shar’ī rulings, that is what is held responsible by the Mukallaf . (one unburdened with the Shariah).

Forth way: As Shāfi’ī رحمه اللهand Al Jassās رحمه اللهfrom hanafiyyah sees that; it is permissible to burn and drown and demolish the lands of the Muhāribīn, until even if there are Muslims in it, and sometimes they (muslims) die, with these kinds of actions, because to stop (from fighting) from the lands of war due to the muslims there, leads to nullifying (ta’tīl: making it unavailable, or abandoning) Jihād, and Al Jassās رحمه اللهreplies about the verse (and if there were not believing men…. (وَلَوْلا رِجَالٌ مُؤْمِنُونَ.. الآية)), that this verse doesn’t indicate of it being harām. So if this is the case, then it is allowed for the person who carries out this operation, even be him a Muslim, to carry out this action.

The fifth way: generalizing the above mentioned verse unconditionally and generalizing its ruling leads to abandon the Shi’ār of Jihād upon each fighting nation, because there is no state but, with a big number from the muslims and the wars of today kills a big number from people, so generalizing the ruling of the verse unconditionally is void, because it nullifies the obligation of Jihād and encompasses it without a Dalīl.

Sixth way: if the person who did this was a muslim, and knows that, the then the most upon him is to pay half of the killed as Muhammad صلى الله عليه و سلمgave verdict, for those who were killed from the muslims of Khath’am, who were living between the people of war from their country, and the Prophet صلى الله عليه و سلمpaid their blood money from the Bait ul Māl, and did not proclaim Takfīr upon those who killed them, and did be harsh upon him or pray against him or announce disunity from him.

Seventh way: and it is permissible also to treat a Muslim who helps the Kuffār and strengthens them, that verily he is from them in the worldly ruling and in his hereafter ruling, he is raised upon his intention as Allāh will make the army which fights ka’ba to sink into the earth, and in them are those are not from them.

After leaving many passages from between, I have come to the place where the details of the above seven ways are given, so:

Al Sheikh Al Mujāhid Al Imām Yūsuf Al Uyeirī رحمه الله said:

And there is important question: Thus a person might say, what you have brought (from evidence) the permission to kill the innocent from the Kuffār in some situations, is a good saying. But there is an important matter and that is; there is a number of muslims who were killed in the demolition of the world trade centre. So how was it permissible to kill the Muslims is the world trade centre? With (the fact) that you don’t allow the killing of shields (Muslims taken as shields) from the Muslims except in the situation of necessity, and (while) there is no necessity in this?

And we answer to this in seven ways:-

(I [Sayyid] says: as for the first three, it is almost the same brought with few more words, but without an evidence, although, its understood from the necessities of the religion, and is not in need of a proof to support it, for its apparentness. So leave the Arabic text of the first three ones and will go on with the others)

ونجيب عن هذا من سبعة أوجه:-

أولاً: إن عدد المسلمين في مركز التجارة العالمي لم يعرف حتى الآن، بل لم يتأكد وجودهم من عدمه وإذا كانت لم تنتشل حتى الآن أكثر من ثلاثمائة جثة فكيف لهم بإثبات موت عدد من المسلمين، وإذا ثبت أن هناك عددا من المسلمين فنقول.

ثانياً: إننا لا نعلم من الفاعل الذي قام بالعمليات، فإذا كان مسلماً فلا بد أن نعرف ما هي المبررات التي دفعته لمثل ذلك الفعل، هل هي ضرورة أم حاجة؟، فإن كانت ضرورة وقدّرها بقدرها جاز له الفعل مع احتمال هلاك مسلمين، وإن كانت حاجة فهي خاضعة لأمر آخر وهو الوجه الثالث.

ثالثاً: إن من المؤكد لدى الجميع بأنه لا يوجد في مركز التجارة العالمي إلا شركات كافرة، وإن غلبة الظن قائمة بأن هذه الشركات لا توظف إلا كفاراً، كما أن هذه الأبراج تقع في منطقة تعد أكبر منطقة يتجمع فيها اللوبي الصهيوني والجالية اليهودية، فالحكم على غلبة الظن في هذه الحالة جائز.

Forth: Until and with certainty of the existence of the Muslims, verily As Shāfi’īرحمه الله sees, verily halting (from attacking) from the Kuffār in the lands of Harb, in fear of killing the muslims who are mixed up with them, he sees that as a mandūb (good action in which it leaver is not punished in both worlds), and not an obligation and answered regarding this verse (وَلَوْلا رِجَالٌ مُؤْمِنُونَ وَنِسَاءٌ مُؤْمِنَاتٌ لَمْ تَعْلَمُوهُمْ أَنْ تَطَأُوهُمْ فَتُصِيبَكُمْ مِنْهُمْ مَعَرَّةٌ بِغَيْرِ عِلْمٍ.. الآية) (Had there not been believing men and believing women whom you did not know, that you may kill them, and on whose account a sin would have been committed by you without (your) knowledge,), He answered in Al Umm 4/244 with his saying: “and if they were in the land- the land of Harb- captives from the mulims, or traders with Amān, so it is (or I) disliked to direct upon them which would generalize burning and drowning and what is similar to that, not clearly forbidden for him. And this is because; verily the land, even if it is permissible, it is not explained that it will become Harām because there is a muslim there whose blood is forbidden, and it is (or I have) disliked for caution, because it is permissible for us, if there is no muslim in it, to cross it thus not fight it and if we fight without what generalizes from burning and drowning”

And Al Imām Al Jassās رحمه الله from the hanafiyya said in the Ahkām ul Qur’ān 5/275 supporting this view “ as for the proof of who takes proof from His saying (Had there not been believing men and believing women ….al āyah) to stop throwing at kuffār due to the available muslims within them, then the verse have no proof in it in the point of dispute and this is the most (which can be taken form it) is that; verily Allāh has stopped the Muslims from them, because there were a Muslim community therein. The companions of the Prophet  صلى الله عليه و سلم were they to enter it with the sword, they were not at ease that they might harm them. And this verily proves the permissibility of leaving their throwing and going forth towards them (attacking). There is no evidence upon the forbiddance of going forth towards them (fighting them/attacking) with the knowledge that there are Muslims amongst them (kuffār), because it is permissible to stop from them (without attacking) due to the Muslims and it is permissible also to go forth (fighting/ attack), as a choice. So there is No proof in it (verse) upon the forbiddance of attacking”

Fifth: then verily who generalizes this verse (in taking proof) and forbids harming the land of Harb due to the availability of the Muslims there, then his this saying requires to stop the war against any land of Harb in our era, because today, there is no state from the states kufr and harb today except there is a number from Muslims which is not little. And the wars in this era harms all the residents either directly or indirectly, and if we stop to harm them in any way, then this sometimes leads to abandoning Jihaad against the lands of Kufr and Harb with the proof of the existence of the Muslims there, except that, it is not allowed to intentionally be neglectful regarding harming the Muslims and this in the lands of where the majority of its residents are from the Muslims. So harming them without any necessity is like the necessity of taking human shields which is not reasonable. As for killing of a Muslim or ten in the land of harb in which all its residents are Kuffaar who fights, then the saying of Asshaafi’ee and Al Jassaas refutes that, and Allah knows best.

Sixth: and if it is supposed that the person who carried out the blessed operations of the Tuesday was a Muslim, and there is no necessity for him to do this act, then if the presence of Muslims amongst them are proved to be found amongst the killed, then the most upon him is to pay the half of the blood money of the killed (basing upon the harshest conditions), based upon the verdict of the Prophet صلي الله عليه و سلم, to those who killed the Muslims of Khath’am, when they were mixed up with the Kuffār. And he صلي الله عليه و سلمdid not declare takfīr of those who killed them and neither was harsh on him and did not take Qisās from him and did pray upon him and did not declare himself to be free of his action as he declared freedom from the action of Khālid رضي الله عنه, when he killed the muslims from Banū Juzeimah, so the Prophet صلي الله عليه و سلمpayed their blood money in full and said “O Allāh verily I free my self to you from what Khālid did”

And so why is the person who is doing what is commanded being criticized of killing and striking fear in to the people of harb and legalizing their lands? And the one who goes against the command of the Prophet صلي الله عليه و سلم and stays with the Mushriks is not criticized? So the one who stood with the command of Allāh became a criminal and the one from whom the Prophet صلي الله عليه و سلم declared freedom (became) a Mumin, whose blood and security must be protected. This doesn’t mean that we are making takfīr of the one who resides within the Mushriks, eve though the apparent meaning of the saying of the Prophet صلي الله عليه و سلم requires this, but we say, they are Muslims and the most what the people who killed them should pay is the half of their blood money, and this becomes clear with what comes.

At Tirmizī narrated in his sunan from Jarīr bin Abdullāh رضي الله عنه; verily the Messenger of Allāh صلي الله عليه و سلمsent a troop to Khath’am, so people took refuge by prostrating, so the killing was quickened within them (they were killed), so this reached the Prophet صلي الله عليه و سلم(so he commanded them with half of blood money and said “I am free every muslim who lives within the Mushriks) they (Sahābah رضي الله عنهم) asked”O Messenger of Allāh, and why?” He صلي الله عليه و سلمsaid “both should not see the fire of each other”.

And it was narrated by Samurah Bin Jundub رضي الله عنهfrom the Prophet صلي الله عليه و سلمhe said “don’t reside with the Mushriks and do not intermingle with them, thus whoever lives with them or intermingles with them, then he is like them”.

Al Mubārik Fūrī said in Tu’hfatul A’hvazī 5/189; His saying: “thus the people took refuge with prostrating” ei; people from the Muslims who resided with the Kuffār, they prostrated depending that the Muslim army would leave us from killing when they see us prostrating, because prostration is a sign of Faith. (so he ordered them with half of the blood money) ei; it means half of the blood money. (he)said in fat’hul Wadūd: because they helped against their own selves by their staying between the Kuffār, so they were like those who were destroyed with his own action and the action of others, so the part of where he is guilty. (between the Mushriks) ei; between them, and the word which is more clear is inserted (they should not see each others fire) this is from Tarāī, action from each other from seeing, it is said “tarāā al qowm al qowm” when they saw each other. And seeing a thing, ei; it became clear until I saw it. And the reality in tarāā was tatarāā, thus one of the ‘tā’ was aborted for easiness. And the ascribing the seeing to the fire is a hint from their saying ‘my house is seen from the house of so’ ei; it is infront of it.

He said in An Nihāyah “it means it is compulsory upon the Muslim to make his house far from the house of a Mushrik, and do not reside where, if he makes a fire, it becomes clear and becomes apparent for the Mushrik when he lights it in his house, but he should reside with the Muslims, and in this there is an encouragement for migration.

Al Khattābīرحمه اللهsaid: there are three ways in it meaning: It is said: it means that their rulings are not the same, and it is said: its meaning ism verily Allāh differentiated between the Dār ul Islām and Kufr, so it is not allowed for a Muslim to reside with the Kuffār in their lands, to the limit that if they make a fire, he should (be away) from them until he doesn’t see it (fire), and it is said: its meaning the Muslim must not take the ways of a Mushrik and neither imitate him in his guidance and his looks.

His saying: (and in the chapter from Samurah) it was narrated by Abū Dāūd as a Marf’ū chain:” whoever imitates a Mushrik and stays with him, then he is like him”. And At Tirmizī mentioned it like it, and did not mention its chain. And the Hadīth of Jarīr which is mentioned in the chapter, it was also narratd by Abū Dāwūd and Ibn Mājah and its men (of the chain) are authentic. But Al Bukhārī and Abū Hātim and Abū Dāwūd and At tirmizī and Ad DārQutnī decalred it being a ‘Mur’sal’ to be Sahīh. And likewise At tabrānī narrated it as Mausūl, in An Neil. I said and Alalbānī declared it Sahīh in Al Adab Al Mufrad.

Al Hāfiz Shamsud Dīn Ibn Qayyim رحمه اللهsaid upon his foot note upon ‘Aunul M’abūd 7/218: some people of knowledge said: verily he (صلي الله عليه و سلم) ordered half of blood money after his knowledge of their embracing Islām, was due to the reason they helped against themselves with their staying between the Kuffār, so they are likepeople who were killed due to their fault and fault of others, and this (understanding) is very good. And what is apparent from the understanding of the hadīth: verily the fire is the symbol of the Nation, when residing, and their sign. And it calls them, and the traveler of the night, takes comfort from it, and when he gets near it and resides with its people and makes peace with them, thus the fire of the Mushrikīn calls towards the Satan and towards the fire of hereafter, thus verily it is burnt in the disobedience of Allāh and the fire of the believers call towards Allāh and towards His obedience and to honouring His religion.

So how can the two fires get together? While this is its condition? This is the most clear of speeches and the greatest of it, which consists upon a great many meanings, with the shortest phrases. And verily An Nasāī narrated from the Hadīth of Bahz bin Hakīm from his father from his grandfather رضي الله عنهم, he said “I said O Messenger of Allāh صلي الله عليه و سلم I have not come to you until I have vowed to the number of the fingers of my hand that I will not come to you or to your religion, I was a person who would not understand but what Allāh and his Messenger صلي الله عليه و سلم taught me, and I ask you with the “vajhullāhi” (Vajh is face, also translated as pleasure), with what did out Rabb send you with to us? He صلي الله عليه و سلمsaid: “with Islām”. I said “what are the signs of Islām?” He said “it is that you say: I have submitted my (vajh, here translated as will, pleasure) to Allāh and I have left (everything besides that), and that you perform prayer and that you give zakāt.

Each Muslim upon the other Muslim is Harām, two brother who help. Allāh will not accept from a Mushrik an action after he becomes a Muslim or he has to leave the Mushriks and (come) to the Muslims”. And verily Abu Dāwūd from the Hadīth of Samurah رضي الله عنه, from the Prophet صلي الله عليه و سلم“whoever intimidates with the Mushriks or reside with them, then verily he is like them”. And in the Marāsīl of Abū Dāwūd from Mak’hūl from the Prophet صلي الله عليه و سلمsaid “do not leave children with (near) the enemy”

Al ‘Adhīm Abādī said in ‘Aun ul Ma’būd 7/218:

(to Khath’am): a tribe (so he commanded them with the half of Blood money): it means half of blood money. Said in Fat’hul Wadūd: it is because they helped upon themselves with their staying between the Mushriks, so they were people were destroyed due their own action and the action of others, thus the part of their fault was dropped. (between the Mushriks): it means that between them and the word “Adh’har” is an inserted word. (they should see each others fire): it was written like this in the copies and in some of it “لا تراءى”. Said in Nihāyah : it means it is binding upon the Muslim and it is compulsory upon him to keep his house away from the house of the Mushrik. And not stay where if a fire is made there, it becomes clear and apparent for the mushrik, when he burns it in his house. BUT he must reside with the Muslimīn. And this is an inciting to make migration.

Al Munzirī said: and At Tirmizī and An Nasāī narrated it. And Abū Dāwūd mentioned that a group narrated it as Mursal. And At Tirmizī also narrated it as mursal and said this is more authentic, and mentioned the most companions of Ismāīl; he meant Ibn Abī Khālid, did mention Jarīr in it and it is mentioned from Al Bukhārī, that he verily said ‘it is authentic that it is a mursal, and An Nasāī did not narrate it except as Mursal.

Seventh: Verily the person who works in the World Trade Centre, he works in the most important economic centre of a Harbī State, then it is possible for the Muslims, when they wish to do an operation against a power of Kufr, and were unable to differentiate, to treat him, as if he was a participator with the kuffār and take the same worldly ruling and not the hereafter ruling. And the proof for this is, what came in As Sahīhein and others besides those two. Verily Aishah رضي الله عنهاsaid: The Prophet صلي الله عليه و سلمgot amused in his sleep, so we said ‘O Messenger of Allāh, you have done something in your sleep which you did not use to do’. So he said (Astounding! Verily some people of my nation would head towards the House towards a man from Qureish who has taken refuge with the House (of Allāh), and until they reach Al Beidā, they are swallowed in to the earth) so we said ‘O Messenger of Allāh, the road collects people (means may people come to it), he said (yes, from them are those who search and people under coercion and travelers, they would be destroyed all together and sent differently, Allāh would raise them upon their intention) and in Al Bukhārī, she said, I said “O messenger of Allāh, how would all of them would be swallowed? While within are their markets and who is not from them”, he said (all of them would be swallowed and then sent upon their intention). At Tirmizī added in the Hadīth of Safiyyah (and their middle people would not be saved), and in a word of Muslim, from the Hadīth of Hafsa ( Nothing will remain except for the stray which would inform of them).

Ibn Hajar said in Al Fat’h commenting on this Hadīth “all will be swallowed due to the misfortune of the wicked and then everybody would be treated in accounting according to his intention. Al Muhallab said: (there is) in this Hadīth, verily whoever increases the number of a people in disobedience, choosing it, (then) verily the punishment is bound upon him, with them. He said: And Mālik derived from it, the punishment of the one who sits the people who drinks wine even if he doesn’t drink it”

And Ibn Taimiyyah took evidence in his Fatāwā Kubrā and his student Ibn Qayyim, from this Hadīth to fight the preventing group (tāifah Mumtani’ah), even if there are Muslims in their ranks, he said ‘they would be destroyed altogether and sent differently’.

Thus the Muslims who worked in the world trade centre, it is possible to take them as those who help the war in worldly ruling, and it is possible to take what happened to them as a punishment upon increasing the group of the Kuffār and due to their benefiting them, and Allāh knows best!

(Pray that the rest also maybe translated)

Sayyid

Submitted by a Mujahid

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