Letter to Ibn Baz by Ameer ul Jihaad Shaykh Usaamah bin Laadin, haafidhahullah

 

30-07-2008

Letter to Ibn Baz regarding the invalidity of his fatwah about peace treaties with the Jews.

By: Usaamah bin Laadin [haafidhahullah]

To the noble scholar ibn Baz,

As salaamu alaykum wa rahmatullahi wa barakaatuhu,

We Praise Allah, Who revealed the Book of explanatory verses, and [He] elevated the ranks of those who possess [divinely revealed] knowledge, and He [the Most High] took from them a pledge to openly proclaim the Truth and explain it, and He [the Most High] warned them from cheating /duping [people] with it and withholding it [from them].

And we send the Prayers and the Salaams upon the Messenger of Allah, our Leader who informed us that, “The most virtuous Jihaad, is to speak the Word of Truth in the presence of a tyrannical ruler.” (Saheeh Musnad Ahmad).

To proceed,

Indeed, from those matters which are well known to you, is the Love of Allah for the people of knowledge and their high status and noble position. And this is not surprising, for indeed the Scholars are the inheritors of the Prophets, who inherit the [knowledge of] the Deen from them, and with this knowledge they repel the distortions of the extremists, and the false accusations of those who go beyond the bounds, and the false interpretations of the ignorant, and the dilutions of the oppressive wasters of wealth. They [the Scholars] should be good leaders and good examples for the Ummah to follow, and a cause of the advancement of the Ummah, they [should] give victory to the Truth and direct the creation towards it.

The trustworthy Scholars of the Salaf of the Ummah and the later generations, were the most excellent in establishing this task, [for example] the stance taken by Sa'eed ibn Jubayr who openly proclaimed the truth, in the face of the tyranny of al Hajjaaj [ibn Yusuf ath-thaqafee], and the trials of Imaam Ahmad ibn Hanbal, by way of the tyrannical rulers and deputies and his patience upon being put to trial [due to them forcing the Scholars to say that] the Qur'aan is something created, and also the suffering of Ibn Taymiyyah, who spent the best part of his life in prison due to his [extensive efforts] in giving victory to the Prophetic Sunnah.

These are examples of the obligation [upon the Scholars] to aid and assist the Truth and it's people, and these erudite Imaams gave victory to the Truth, and had jealousy for the Deen, may Allah have mercy upon them all.

Noble Shaykh,

By mentioning the above examples, we intend to remind you of your obligations towards the Deen, and towards the Ummah, and to admonish you with regards to your tremendous responsibility, as indeed “ the reminder benefits the faithful....”

We wanted to remind you, at a time when falsehood is puffed up [to make it look true..!], and where deviants present their false arguments, and the Truth has been slaughtered, and those who called to it are in the prisons, and the righteous are silenced.

And the strangest matter of all is, that this has not occurred due to you not having knowledge of these affairs, or due to your silence about them, but rather this has occurred as a result [of the implementation] of your fatawah and stances.

We will mention to you, noble Shaykh, some of these fatawah and stances, of which you may not have realised the consequences of them, and which could cause the Ummah to be astray for 70 autumns [years], so that you may realise along with us, the harm of these dangerous affairs, and their evil/negative effects.

Here are some examples for you:

1. It is not a secret from anyone the overwhelming level of corruption [in Saudi Arabia] which reaches every aspect of life, where there are so many different evils they are no longer hidden from anyone, just as [has been mentioned in] the previous [open letter of] sincere advice from some of the Scholars and callers to reform. And from the most serious matters that they explained therein, is making associates with Allah in matters of legislation, and legislating man made laws whereby, the prohibited matters [haraam] become permissible [halaal].

From the worst of these affairs, is the widespread trading in ribaa [interest] in this country, and they are regulated by state organisations and state banks of ribaa, and the offices of these ribaa banks are taller than the minarets of the two Sacred Mosques, to the extant that these ribaa banks have spread across the length and breadth of this country.

It is well known by necessity that these institutions of ribaa and the legislations which regulate it's trade, have all been certified and approved by the ruling regime, and [yet] with all of this, we do not hear anything coming from you, except that you state to trade in ribaa is prohibited and impermissible. This [apparent] indifference from your statement is [in reality] deceiving the people, [due to] you not differentiating between the ruling on trading in ribaa only, and the ruling on legislating laws regulating [the trade] in it.

The huge difference between the two is very clear. Trading in ribaa is a sin from the major sins, whereas the one who legislates laws for the trade of usury becomes an apostate disbeliever, who has committed the type of disbelief that expels a person from the religion due his action of competing with Allah and placing himself as an associate and partner with Allah, by his making things legally permissible [halaal] or legally impermissible [haraam], and we have already explained the details of this in another paper, to be published soon, insha'Allah.

Also, the one who trades in ribaa and persists upon that, has been given a notice of being at war with Allah and His Messenger, sallallahu alayhi was salama [“ Then take a notice of war from Allah and His Messenger....” Al Baqarah 279]. And [yet], we hear from you statements of overwhelming praise for this regime which does not just permit the trade of ribaa, but rather they legislate laws for it's trade, and regulate it's trade, and make it legally permissible [to trade it].

The economic and political crisis's, entanglements and hindrances that the country is being plunged into, and the various different crimes that are widespread, are nothing other than a punishment from Allah, and a portion of the War that Allah the Exalted has declared upon those who persist in trading in interest and other similar matters from the major sins, as Allah has decreed that He will annihilate ribaa, “Allah will destroy interest, and Allah gives increase for charity.” [Al-Baqarah:278]

2. And when [King Fahad] hung the cross [given to him by the Queen of England] on his chest, the 'global' leader was happy and delighted to openly wear it. You gave a fatwah permitting him [and the Muslims] to do that, [bin baz audio clip] and permitting this is something repulsive and hideous. Despite it being clearly obvious that such an action is [clear] disbelief, it is apparent from Fahad's actions that he was pleased [to wear that cross] and knowingly chose to wear it.

3. During the [first] gulf war, when the armies of the coalition of Jewish and Christian crusaders decided, in complicity with this [Saudi] regime, to invade Kuwait in the name of “liberating” it, you passed an irresponsible fatwah justifying their heinous actions which insulted the dignity of the Ummah and smeared it's honour, and denigrated it's sanctities, arguing that their aid was required by way of necessity, [whilst] neglecting the principles/stipulations and regulations [of the noble shari'ah] in seeking such aid and assistance.

4. And during the Saudi regimes support of the apostate communist leaders in Yemen's aggression against the Muslims of Yemen in the recent war, you were silent!

Then, when these communists were placed into leadership, upon the instigation of this regime you give a “naseehah”, in which you invited everyone to reconciliation and cordiality by classifying them as Muslims, and giving the erroneous impression that communists are Muslims and that their blood is preserved, so are the communists now [classified as] Muslims..?

Did you not previously give a fatwah that the communists are apostates and it is an obligation to fight them in Afghanistan..?, or it there a difference between the communists in Yemen and the communists in Afghanistan..? So how did you lose your understanding in the issues of aqeedah [creed], and the principles of Tawheed [Islamic Monotheism] and confuse them to this extent..?

And this ruling regime still harbours these leaders of disbelief in many of the cities of this country, yet we do not hear any disapproval about this from you, and yet the Prophet, sallallahu alayhi wa salama, said, “ Allah has cursed the one who accommodates an innovator.” [Saheeh Muslim]

5. And when the oppressive regime decided to transgress Shaykh Salman al Awdah and Shaykh Safar al Hawaali, who called to the Truth and suffered harms in the path of Allah, you issued edicts which, by way of them, allowed whoever conflicted with [the two shaykhs] to oppress them and maltreat the two Shaykhs and those who were with them from the other Scholars and Callers and youth of the Ummah...May Allah free them and protect them from the oppression of the oppressors.

And we have [only mentioned] a few examples, as that which we want to [primarily] mention [in this occasion] is your previous fatwah of the so called “peace” with the jews, which has been catastrophic upon the Muslims. Wherein, you responded to the political desires of the regime, when they intended to manifest what they previously concealed. Entering into the farce of surrendering to the jews, by way of your fatwah of entering into an unlimited peace agreement with them, with [some] restrictions.

So the Prime Minister of the Zionist enemy and it's parliament, applauded it and praised it, and the Saudi regime announced it's intention to further implement normalisation with the Jews.

And, you were not content with handing over the land of the two sacred Mosques to the occupying forces of the Jews and the crusaders, until they enter the third sacred Mosque, and you gave Islamic legitimacy to the agreements of surrender, signed by the traitors and cowards of the tawagheet of the Arabs, with the Jews. For indeed these words [of your fatwah] are extremely dangerous, and a huge calamity, whereby [your fatwah] misleads and deceives the Ummah

From the several aspects of these deceptions are the following:

1. The current Jewish enemy, is a deep rooted enemy who, from their country, make wars with lands outside of it, such that it is not permissible to have peace agreements with them. Rather they are a saa'il [relentlessly devastating] enemy, who destroy both the religious and the worldly affairs, as supported by the statement of Shaykh ul-Islam Ibn Taymiyyah, may Allah have mercy upon him said about them, “ They are a saa'il [relentlessly devastating] enemy who corrupt the religious and worldly affairs. There is nothing more obligatory after faith [imaan], than to repel them. There is no pre-conditions for fighting this enemy, rather we should repel them with whatever means we have, as has been mentioned by our Scholars and our companions other than them.” [Al-Ikhtiyaraat ul-Fiqhiyyah pg.309]

What is obligatory [upon ALL the Muslims] towards Palestine and our Palestinian brothers, sisters and children who are subjugated, and who cannot devise a plan, nor are they able to direct their way, is Jihaad in the Path of Allah, and to incite the Ummah [upon that], up until they liberate Palestine and finally and return it back to the felicity of Islamic sovereignty.

And Palestine is sufficient as an example to show that, this fatwah [in effect] weakens Jihaad, and amounts to the abandonment Jihaad upon the Earth.

This fatwah recognizes the enemies occupation of the most sacred of sacred places [al Quds] to the Muslims, after the two sacred mosques, and legalises it's occupation, and it strongly supports the efforts of the enemies of the Islamic movement to liberate Palestine by way of the path of Jihaad.

[A path] which has been confirmed by the heroes of the stones [which are bravely thrown at the tanks!!], and by the Muslim youth of Jihaad in Palestine, as being the only effective path in the face of the enemy, and the only guaranteed way to liberate the [occupied] lands, by the Will of Allah.

And we wish to remind you of your previous fatwah in this regard, when you were asked about the way to liberate Palestine, you said: “ A solution cannot be reached to this issue, except as an Islamic solution, and [by way of] the Muslims uniting to save her [Palestine], and by way of them performing the Islamically legislated Jihaad against the Jews, up until the land of Palestine is returned to it's people, and the foreign [invading] Jews are sent back to the lands where they came from.” Fatawah ibn Baz Volume 1 Page 281.

[TN. Please note [1.] Over 90% of the occupying Jews in Palestine are either American or European..! [2.] ibn Baz has completely contradicted himself in these two opposing fataawah. In the first fatwah, he correctly said that the solution is Jihaad, then in the later fatwah he told the Muslims to surrender to the Jews...! Wallahul-Masta'aan.]

2. Supposing [hypothetically], that it is permissible to make a [temporary] peace treaty with this Jewish enemy, and with these conditions. Those regimes and governments of the Arabian tawagheet, who are defeatist [in reality] with regards to the Jews, can this so called “peace” they are committing themselves to with the Jewish enemy, can this false “peace” really be established with the enemy?

3. Everybody knows [however] that this is not the case, for this alleged “peace” that these governments of the tawagheet are presently falling over themselves [to sign] with the Jews is nothing but a tremendous treachery, signified by the treaties of submission and surrender of all of the sacred land [al-Quds] and Palestine over to the Jewish governments to reign over them forever. [TN. Please note in the Shari'ah, peace treaties must be temporary only, and not everlasting...!!!]

Indeed, these [arab] governments are warring apostates who are at war with Allah and his Messenger, sallallahu alayhi wa salama. [They] have no legal [Shari'ee] authority, nor do they have the authority to rule over and govern the Muslims. They are not working for the benefit of the Ummah, but rather, by way of your fatwah, they [are able to] legitimize these secular regimes, and legitimize their authority to govern over the Muslims.

And this is in contradiction to what we know from your previous [fatwah] where you declared disbelief upon them. This [contradiction] was shown to you by the select group of Scholars and Du'aat in the their previous appeal to you not to issue such a fatwah. We enclose a copy of this appeal to remind you and bring it to your notice. [TN Please note previously bin Baz correctly gave fatwah that governments that refer to [tahaakum] man made laws for judgement instead of the Shari'ah are apostates..!!]

Indeed, this fatwah of yours is [in reality] deceiving the people due to the misleading generalizations and inconsistencies within it, as is not sound as a fatwah of a fair/just legal peace agreement, let alone this phoney “peace” with the Jews, which is a great betrayal to al-Islam and the Muslims. No normal Muslim would accept it, let alone a learned person such as yourself, upon whom it is obligatory to have jealously [gheerah] for the Religion and the Ummah.

"It is an obligation upon those who embark upon issuing legal rulings regarding the major issues of the Ummah, for them to have knowledge of all of it's [various] dimensions, and [knowledge of] the consequential damage and detrimental effects of it. This knowledge is from the pre-requisite conditions of being a “muftee” [a scholar who is qualified to give fatwah].

Imaam Ibn ul Qayyim, rahimahullah, said “The muftee or the ruler, will not be able to give a correct judgement unless he has two types of knowledge.

The first type of knowledge is, correctly comprehending the reality [of the matter], and being able to derive the facts from it's “qaraa'in” [outward indicating factors] and it's signs and symbols, up until he has comprehensive knowledge of the matter.

The second type of knowledge, is the obligation of comprehending the reality of it's ruling found in the Book of Allah, or upon the tongue of His Messenger, sallallahu alayhi was salama, based upon it's reality, and then correctly applying the first type of knowledge, with the second type.” I'laam al muwaqqi'een Vol 1 Page 87

If these are the general requisite conditions of a fatwah, then they are surely [even more] necessary for fatwah issued regarding the issues of Jihaad, peace treaties, and similar [major] issues.

Imaam Ibn Taymiyyah, rahimahullah said, “In the matters pertaining to Jihaad, it is obligatory to take the opinions of the people of correct Deen [Scholars], those who are experienced with that which is effecting the men in their daily lives, and not [the opinions of] those who look at [only] the superficial aspects of the Deen, their opinions should not be looked at, nor the opinions of those people of Deen who do not have any experience in the worldly affairs.” [al-ikhtiyaaraat ul-Fiqhiyyah 311]

The previous fatawah, even if by issued other than yourself, were deliberately stated by their authors, in spite of the falsehood contained within them, and the consequential dangers of them. But when these [type of fatawah] are issued by you, then we cannot assign the fault to be a lack of knowledge of the Shari'ah, but rather a lack of knowledge of the practical reality of the matter.

The consequences of such fatawah, which show they do not meet the [previously mentioned] necessary conditions, prove that they should never have been issued, and the issuer of such fatawah to desist from issuing fatwah, or leave [the issuing of such fatwah] to those specialist Scholars who are able to combine between knowledge of the divine rulings in the Shari'ah, and knowledge of the practical realities of the matter."

And it is established that Imaam Ahmad ibn Hanbal, issued fatawah in a variety of different subjects, whereas when Imaam Maalik was asked about the legislated qiraa'aat [variant recitations] of the Qur'aan, he referred them to Imaam Naafi', rahimahumallah Jamee'an.

Noble Shaykh,

It is only our deep concern with the state of the Ummah, and with Scholars like yourself which has caused us to remind you of these examples. Indeed, we hold you and other scholars like you in high esteem, and that the ruling regime would exploit you in such a horrible manner, and throw you in the face of every caller and reformer, so that every correct word and call to the truth [that you have previously made] would all be abated by your [invalid] fatawah and stances, as occurred in your response to the “memorandum of sincere advice” and “The Council of Defence of Legal Rights”, and others.

Noble Shaykh,

You have reached a good age in years, and you have previously been of great service to Islam, so have Taqwah of Allah and distance yourself from these oppressive tawagheet who have openly declared war upon Allah and His Messenger, and instead be with the truthful. And in the Pious Predecessors of the Ummah and those who followed them in righteousness, you have the most excellent example of the most eminent and truthful Scholars who would openly distance themselves from the rulers.

Imaam Abu Haneefah, rahimahullah, and other Scholars, would flee from working with the rulers in his time, due to his tremendous steadfastness upon the Deen, even though those rulers [in the past] cannot be compared with the rulers of today, whose corruption of the Deen and evil condition is not something secret.

In our times, when the erudite Scholar Shaykh Abdullah ibn Hameed, rahimahullah, realized the dangerous path that the ruling saudi regime is taking and it's dangerous and damaging consequences for those cooperate and mix with them, and the effect of that upon his Deen, and he resigned from his senior position of the High Council of Judges.

Imaam al-Baghdaadi, rahimahullah, has said in his warning against entering upon the rulers, “I wish I knew in these days, of those [scholars] who enter upon them [the rulers], which of them does not believe in their lies, and which of them speaks the truth when they witness their gatherings, and which of them advises them, and [in contrast] which of them are [instead] advised by them.” [ Kitaab al 'uzlah]

And as is confirmed in the authentic narration : “Whoever goes towards the gates of the rulers, becomes afflicted.”, so beware noble Shaykh of depending upon their words or actions, “And do not rely upon those who commit oppression, lest the Hellfire touches you, and [know that] you do not have any allies other other than Allah alone, nor will you be helped.” Qur'aan 11:113.

Indeed, those who are unable to proclaim the Truth, can at least desist from proclaiming that which is false. The Prophet, sallallahu alayhi was salama said, “Whoever believes in Allah and the Last Day, should say something good, or remain silent.” Saheeh Bukhaari.

Finally,

We hope you do not feel that, by these words, we have left the noble manners of giving sincere advice, but due these issues not being something secret, and due to the magnitude of these affairs, we could not remain silent, nor could [our silence] be tolerated.

That which we have mentioned to you, is something known by the people of Knowledge, and these affairs have already been brought to you attention by a group of Scholars, who have made several appeals and requests to you.

From them, is when they appealed to you not to issue your fatwah allowing capitulation with the Jews by way of an alleged peace agreement. They explained that this did not comply with the pre-conditions and requirements present within the divine legislation, and they warned you of the many dangers, both religious and worldly, that would result due to it.

The signatories of this request includes the noble Scholars Ibn Jibreen, Abdullah al Qa'ood, Hamood ash-Shu'aybi, Al-Baraak, al-Khudayri, At-Tareeri, Ad-Dabyaan, Abdullah at-Tuwayjiri, Abdullah al-Jalaali, A'eed al Qurni, and many others.

And previously during the last war in Yemen, your words[fatawah] were referred to twenty five Scholars who opposed your words, and they clearly explained the proper and correct divinely legislated stance in that issue. From those noble Scholars were al-Mas'ari, al-Jilaali, al-'Awdah, al-Hawaali, al-'Umar, al-Yahya, al-Tuwayjiri and many others.

To end;

We ask Allah the Blessed and the Most High, to show us the Truth in it's reality, and to give us the ability to follow it, and to show us Falsehood in it's reality, and to give us the ability to turn away from it and avoid it. And to enable that when the Ummah it commanded to guidance, that it is dignified by that, to become the people who are obedient [to Allah], and distance themselves from the people of disobedience, and to command itself with al-ma'roof [TN. everything that is pleasing to Allah] and to prohibit itself from al-munkar [TN. everything that is forbidden by Allah], and to judge by way of al-'Adl [fairness and justice] and to proclaim the divinely revealed Truth.

And to respond when the banner of Jihaad is flying [in the wind] in order to restore the dignity and nobility [of the Ummah] back to itself. And to raise the banner of Tawheed once again above the stolen lands of the Muslims, starting with Palestine, all the way to Al-Andaloos [the Spanish peninsular] and all the other lands which are suffering the results of treacherous leaders and the weakness of the Muslims.

We also ask The Most High, to aid us in our affairs in the best way, and to remove our sins from us.

We ask Him to make our speech direct and straight, and to make our actions proper and correct, and to divinely aid us in the ability to do that which is pleasing to Him in this worldly life of ours, and to give us the best of endings when we die, for indeed Allah alone is the Enabler of all things.

And our call is to Praise Allah the Lord of all of the creation.

The committee of Advise and Reform/London Office

'Usaamah ibn Muhammed ibn Laadin

Dated 27th/07/1415 Hijri calender [Dec 29th 1994]

Submitted by a Mujahid

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