The scholars of Ahlus Sunnah on killing civilians (non-combatants)
Scholars of the past
Ibnul Qayim said:
"Killing is only obligatory when facing warfare and armed combat not when
facing kufr. For this reason, neither women are to be killed nor children, or
the elderly, nor the blind nor those worshippers who do not fight, rather we
fight against those who fight us. This was the way of the Messenger of Allaah
in dealing with the people of the earth, he used to fight those who fought
against him until they either entered into the deen, make an agreement or
treaty with him or came under his authority via paying the jizya. This is what
he used to instruct his armies if they fought against their enemies, as has
preceded from the Hadeeth of Buraydah". ("Ahkaam Al Udh-Dhimmah", Vol 1, Page
17). Ibn Habeeb said:
"It was not prohibited to kill religious people due to their preocupation with
their worship, as the are the most distant from Allaah than others from the
people of their deen due to their intense insight into kufr. Rather, on account
of their non-involvement with the people of their deen in waging war against
the believers - whether that be via hand, thought or wealth. But as for it
beging known that one of them guides the enemy against us secretly or the
likes, then at such a point it would be lawful to execute such a person". ("An
Nawaadir wa'z-Ziyaadaat'alaa maa fil Mudawanna min Ghairiha min Al Amaahaat",
Vol 3, Page 60).
Imaam Ibnul Munaasir said:
"As for the insane person then there should be no difference of opinion
whatsoever over the issue of not killing them, even if the person has reached
maturity, this is because the person is not responsible by agreement. The
evidence that these types of peope (are not to be fought against) is the saying
of Allaah: "Fight in the way of Allaah against thse who fight you and do not
trangress the limits. Indeed, Allaah does not love those who trangress".
(Qur'an 2:190). From these types of people are those who are generally unable
to fight such as the elderly, the decrepit, those who are secluded in worship,
hired workers, mothers and the likes who are not to be trangressed against
during fighting and Allaah gave them a special position in that it is
prohibited to kill them due to His saying: "And do not trangress the limits".
(Qur'an 2:190). Meaning: Do not kill non-combatants such as women due to their
inability to fight". (Ibnul Munaasir, Vol 1, Page 228).
Umar ibn Abdul Aziz said:
About the saying of Allaah: "Fight in the way of Allaah against thse who fight
you and do not trangress the limits. Indeed, Allaah does not love those who
trangress". (Qur'an 2:190). The killing of women and children is included
within this, and so are those who are not involved in warfare". ("An Nawaadir
wa'z-Ziyaadaat", Vol 3, Page 57).
Shaykh Abdullaah Al Basaam said:
"As for intending to attack those who are not fighting such as women, children,
the elderly, those in monasteries, churches and the like - then this is not
permissible, as long as they neither provide a benefit (to the enemy troops)
via their views or strategies nor have committed murder". ("Tawdeeh ul Ahkaam
bin Buluughil Maraam", Vol 6, Page 385). Ibn Kathir said:
"Allaah's statement: "Fight against those who fight against you". (Qur'an
2:190) applies only to fighting the enemies who are engaged in fighting Islaam
and it's people". (Tafsir Ibn Kathir 2/190).
Ibn Qudamah said:
"If a disbeliever enters Dar al-Islaam without having any covenant, if he is
carrying with him goods for sale in Dar al-Islaam, and other merchants come
with him without taking any covenant (physical or verbal from the Muslims), we
are not allowed to fight and expel them". ("Al Mughni", 9/199).
Imam Ahmad said:
"If you are riding upon a ship and you come across merchants from the
disbelievers from the enemies land to the Muslims land, you are not allowed to
reject them or kill them, and all who enter the land of the Muslims from the
people or war as merchants, accept them and do not ask them anything". ("Al
Mughni", 9/199).
Ibn Taymiyah said:
"As for those who are not from the people who help and fight, such as women,
children, the worshipper, the elderly, the blind, the disabled and the likes
then they are not to be killed according to the majority of the Ulama' unless
the person participates in fighting (against the Muslims) with speech or
action. Even though some Ulama' permitted the killing of all merely on account
of kufr, except for women and children which become for the Moslims. The first
opinion (that non-combatants are not to be killed or fought against at all) is
the most correct opinion, because fighting is only against whoever fights us
when we want to manifest the deen of Allaah, just as Allaah says: "Fight in the
way of Allaah against thse who fight you and do not trangress the limits.
Indeed, Allaah does not love those who trangress". (Qur'an 2:190). In the Sunan
is a Hadith from the Prophet that he passed by a woman who had been killed
within a battle and the people had
gathered around the body. The Prophet said: "This is not one who should be
fought against", and sent the men away saying to one of them: "Tell Khalid not
to kill children or workers". Also reported from him is that he said: "Do not
kill a frail elderly man or a young child or a woman". ("As Siyaasah Ash
Shariyah", Page 177).
"The foundation is that the blood of Bani Aadam is sanctified and inviolable
and no one is killed except with right. Killing due to kufr is not something
which the legislations have agreed upon at any one time of the Shariah, such as
killing the one who sits out of combat, for this is something that the
legislations and intellect do not differ over. The blood of a disbeliever
during the early history of Islaam was sanctified and inviolable just like the
original sanctity of a person. Allaah prevented the Muslims from killing such a
disbeliever". ("As Saarim Al Maslool 'Alaa Shaatim ir Rasool", Page 104).
"Killing a women merely on account of kufr is not permissible and we do not
know that it was allowed to kill any disbelieving women at any time whatsoever.
Rather, the Qur'an and the sequence of its revelation prove that it is not
allowed at all, because the first verses revealed about fighting: "Permission
to fight has been given to those who are being fought, because they were
wronged. And indeed, Allaah is competent to give them victory. They are those
who have been evicted from their homes without right". (Qur'an 22:39 and 49).
So it was allowed for the believers to fight in defending themselves and to
retaliate against those who evited them from their homes and prevented them
from tawheed of Allaah and His worship, and women are not included from those
who do this. Then it was prescribed for them to fight absolutely and this is
explained in His saying: "Fight in the way of Allaah against those who fight
you". (Qur'an 2:190). So those people who are
nor people of combat are not permitted to be fought against". ("As Saarim Al
Maslool", Page 101).
Scholars of present time
Shaykh Abdullah Azzam said:
"Islam does not (urge its followers to) kill [anyone amongst the Kufaar] except
the fighters, and those who supply Mushrikeen and other enemies of Islam with
money or advice, because the Qur'anic Verse says: "And fight in the Cause of
Allah those who fight you". (Qur'an 2:190). Fighting is a two-sided process,
two sides are involved, so whoever fights or joins the fight in any means/way
is to be fought and slain, otherwise he, or she is to be spared". (Source:
http://www.islamicawakening.com/view...?articleID=214
Shaykh Salman Al Awda said:
"Terrorism is a form of warfare whereby innocent people are specifically
targeted to instill fear in a population. Therefore, Islam’s view on terrorism
comes from the Islamic position on warfare. It is clear from what preceded that
even during war, when the Muslims are fighting an aggressive enemy, they are
never allowed to target civilians. This is strictly prohibited by Islamic Law.
The killing of innocents is murder, even during times of war. The one who
intentionally kills these innocent people is a murderer who deserves the
punishment for murder. Terrorism is categorically prohibited in Islam. Even
though the Muslims had conquered the land, they were not allowed to look upon
the inhabitants of the land as their enemies. Their enemies were only the
Romans who had aggressed against them. Muslims must only fight to protect the
lives, property, and freedoms of people, especially their freedom to worship
Allah when that freedom is forcibly attacked.
They are never allowed to attack innocent people, even when they are
themselves attacked by the countrymen of those innocents. Any people that go
against this established principle of Islamic Law and murder civillians are
fighting against Islam and everything that it stands for. It is ludicrous for
them to call this fighting a jihâd, a word that means striving in the cause of
Islam. They are in fact murderers in the light of Islamic Law and should be
treated as such". (Source: http://www.islamtoday.com/show_sub_s...5&sub_cat_id=0
Shaykh Tamim Al Adnani said:
"I would like to clarify something about this - many people in America - this
is my first visit to the USA and I noticed that some people here misunderstand
the word: "Mojahideen". They have bad information or bad understandings, or
let's say "misunderstanding" of that word. They think Mojahidien are people who
just attack people and hijack planes and aircrafts - like those who hijacked a
Kuwaiti aircraft - we (i.e. the Mojahideen) are completely against this. This
is not Jihaad - this is nonsense! Jihaad is fighting for the sake of Allaah.
Fighting for the path of Allaah - to protect our religion. We make Jihaad
against those who prevent us from performing our religion or from following our
devine revelation: "The Qur'an". Those who prevent us from performing our
prayers - like the Russian Comunists are doing now".
"We do feel that Allaah is with us - because we are with Allaah. We never kill
women, we had many times the chance to capture their women - Russian women -
and many leaders said: "We captured them, and set them free". We did not touch
them, because this is the character of Islaam. We are Muslims - we do not touch
women, we do not touch girls - and those who are hijacking, are going
completely against Islaam".
"All Mujahideen leaders are against hijacking - we do not believe in
hijackings. As Muslims (we think that) this hijackings are not fair at all. You
are killing innocent people! Like these two Kuwaitis who were killed. What was
their crime?! Why? Just because they were Kuwaitis, you killed them? Do you
consider this Islaam? This is not Islaam! This is against Islaam! You don't
kill innocent people! Go and fight those who are fighting you - if there is any
fighting! Go and fight the men - don't kill innocent people who are not
fighting! Civilians, doing nothing. This is not fair. This is not accepted in
our religion. And you know - what our Prophet told us, and warned us not to
touch even plants, not to kill plants, and not to kill old people, not to fight
those who are not fighting us. We only fight those who are fighting us".
Taken from: http://www.archive.org/details/inter...-tameem-adnani
Shaykh Muhammad Ibn Salih Al Munajjid said:
"Our attitude must be clear; we must explain to the kuffaar the ruling of
Islamic sharee’ah concerning harming and killing others. We should tell them
that Islam forbids harming innocent people in any way, whether that involves
harming their bodies, their wealth or their honour. The Prophet (peace and
blessings of Allaah be upon him) said: “There should be neither harming nor
reciprocating harm.” It is not permissible to kill a kaafir who is not hostile
or who has a legitimate peace treaty with the Muslims; rather treating a
non-hostile kaafir with kindness is part of the Islamic religion, especially if
that is done to call him to Islam and soften his heart (towards Islam). At
times of war against the kuffaar, it is not permissible for a Muslim to
deliberately kill a kaafir child or woman who is not bearing arms against the
Muslims or helping in the fight. The kaafirs whom the Muslims fight and inflict
harm and loss upon are the kaafirs who fight
the Muslims and drive them out of their homes, or help to drive them out of
their homes and punish and mistreat them, and who stand in the way of calling
people to Islam and prevent people from following the path of Allaah, and
prevent the spread of Islam". (Source:
http://www.islamqa.com/index.php?ref=21757&ln=eng Shaykh Abdul Wahab Al
Turaiyri said:
"This should become obvious to us if we consider the circumstances in which the
rulings prohibiting the killing of civilians came about. These rulings are from
the Prophet (peace be upon him) when he was battling the pagans of Mecca and
their allies among the pagan tribes of Arabia. The pagans of Mecca were a
tight-knit community and their tribal leaders made their decisions together at
their tribal councils. They were more like a very large and squabbling family
than a burgeoning and impersonal nation. Moreover, the population of Mecca -
indeed of all Arabia - was small and the region’s social organization was
tribal. The average person in such a society had more personal access to the
decision makers and had far greater influential on policy that an individual
American or British person today has with respect to his country’s foreign
policies which are determined largely by big corporations and powerful lobbies.
Indeed, there was solidarity among the pagan Arabs as to their purposes against
the Muslims. During the Battle of Uhud, the women went out to the battlefield,
led by Hind, to lend moral support to the soldiers. Before the battle, they
sang the following song to inspire their men:
If you go forth, we will embrace you,
And spread out the cushions.
But if you retreat we shall leave you,
And do so without affection.
It has been said by historians that their singing had a maddening affect on
their men folk and that this influenced their performance on the battlefield.
In spite of all this, Allah’s Messenger (peace be upon him) stressed the need
to protect the weak and the noncombatants during war and was very considerate
of them". (Source: http://www.islamtoday.com/show_detai...main_cat_id=15 Shaykh
Salih Al Luhaydan said:
"Attacks upon those whom have not attacked you and to kill innocent people who
have committed no crime (i.e. against you) is among those things forbidden in
Islaam because it does not allow the shedding of blood except for a legally
justified reason and it is not permissible to shed blood in general. It is
something allowed only in the case of war to kill the combatant enemy. As far
as attacking even if it is to kill a perpetrator immediately, is not considered
among the righteous deeds nor from the permitted acts. On the contrary it is of
the detestable acts because to kill a person who has not perpetrated any crime
nor done anything deserving being killed is considered of the major sins and
most heinous of crimes. The matter in Islaam is such that one may not be
treated as a criminal unless that person has attacked and therefore there may
be reprisals or enmity towards him". (Source:
http://www.fatwa-online.com/news/0010918_2.htm We are in no way
talking bad about Jihaad or the Mujahideen fi Sabilillaah. This is just to
show that killing innocent people is not allowed in Islaam. Killing tourists
and other civilians is not Jihaad. So lets return back to our scholars and the
true teachings of Islaam.
And wallaahi - also as long as Jihaad is not under the shadows of Qur'an wa
Sunnah - we can only dream of victory!
