Allah did not foresse the "invention of explosives and the advancement of
the technology surrounding them."
 
B

 

http://www.jihaduns
<http://www.jihadunspun.com/intheatre_internal.php?article=109197&list=/home
.php&> pun.com/intheatre_internal.php?article=109197&list=/home.php&
Martyrdom Operations: Can They Be Justified In Islamic Law?
Nov 04, 2007
By Umar Rabies

Much has been said about the controversial matter of martyrdom attacks
that are being carried out by Mujahideen in the war zones against a
better equipped opponent. This article underscores further evidence
that weights up there validity.

We remind our viewers that the opinions and points of view expressed
in this statement are those of the author and shall not be deemed to
mean that they are necessarily those of JUS, the publisher, editor,
writers, contributors or staff

Martyrdom operations are modern technique that can not be found
specifically in the classical books of Islamic Law. This is because
this form of resistance only came about after the invention of
explosives and the advancement of the technology surrounding them.

Generally, this approach is used as part of guerilla warfare which is
typified by small bands of commandos capable of fast movement.
Guerilla warfare was highlighted in the American Civil War, as well as
the Second World War, and the wars that followed it. It became part of
the war tactics taught at military colleges and academies.

The Muslims became in need of martyrdom attacksfor the following reasons;

Love Of Sacrifice And Martyrdom

Muslims feel life has less value if they have to live in humiliation.
For them, a respectful death is better than humiliating life. A famous
poet once said:

Do not give me the drink of life in humiliation,
Rather give me the drink of nobility in a glass of bitter colocynth.

Oppression From The Enemies

The Muslims are being violently attacked and oppressed due to their
scientific and technical limitations. The technological superiority of
their enemies has made the Islamic lands free pasture for occupying
powers. This can be clearly seen in Palestine, Kashmir, and Chechnya,
and previously in Afghanistan and the Islamic Republics that were
formerly part of the Soviet Union.

Plausibility Of Available Options

Among the causes of strength is a lack of alternatives and this
defines an individual's course of action and provides him with renewed
power.

Many people are now questioning the lawfulness of martyrdom attacks.
Some describe them as "attacks seeking martyrdom" to clarify there
legality, while others call them "suicide attacks" to portray them as
unlawfulness or to follow what the media says.

Scholars of Islamic Law differ on this issue according to their
various insights, according to how they weigh the evidence and their
taqwa (love of Allah versus love of position)

If we review the legal texts and the historical events, we find texts
that clearly relate to this matter:

1. It is mentioned in the Musannaf of Ibn Abî Shâybah that Muhammad b.
Ishâq (who is truthful but forgets and often does not mention all the
people in the chain of transmitters), relates from Muhammad b. Qatâdah
that Mu`âz b.`Afrâ' said: "O Messenger of Allah, what makes Allah
laugh on account of his servant?" Allah's Messenger (peace be upon
him) said: "That he attacks the enemy without wearing any protective
gear." Muhammad b. Qatâdah said: "Mu`âz cast aside the armor he was
wearing and fought until he was killed."

[This hadîth was authenticated by Ibn Hazm in al-Muhallâ, Volume 7
page 294. It is also related from `Awf b. Al-Hârith by al-Tabarî in
al-Târîkh (2/33)

2. Ibn Hazm also says in al-Muhallâ that Abû Ishâq Al –Subay`î said: "
I heard a man asking al-Barâ' b.`Azib: "What do you think if a man
fought a battalion of one thousand men alone; did he "throw himself
into destruction? (quoting from the Qur'ân)" Al-Barâ' said: "No,
destruction is when a man commits a sin then despairs and says: there
is no repentance for me." Then he said: "Neither Abû Ayyûb al-Ansârî
nor Abû Mûsa al-Ash`arî denied that a single man can fight an entire
army alone and hold his ground until he is killed."

3. The story of Abû Ayyûb in Constantine (present day Istanbul), is
famous. In this story, a Muslim fighter attacked the Romans and pushed
his way into them. People shouted : "Glory be to Allah , he "threw
himself into destruction"? Abû Ayyûb stood up and said: "O people you
interpret this verse in this way while it was sent to us, we Ansâr.
When Allah gave victory to Islam and increased the number of its
followers, some of us told others, secretly and in the absence of
Allah's Messenger (peace be upon him): `Our properties are lost and
now Allah gave victory to Islam and increased the number of its
followers, so how about going back to our properties and regaining
what was lost of them?' Then Allah sent this verse to his Prophet
(peace be upon him)." [Sunan al-Tirmidhî 2898 and Sunan Abî Dawûd 2151]

4. We find in the books of the Prophet's biography and in Ibn
al-Mubârak's Kitâb al-Jihâd (1/134) the story of al-Barâ' b.`Azib when
he threw himself into the apostate army of Banû Hanîfah. In some of
these references, like al-Siyar 1/196, Al-Barâ asked his comrades to
put him inside a shield then raise him over their spears and throw him
over the wall. He fought the enemy in their enclosure and opened its
gate for the Muslims. During that attack he received more than eighty
wounds. The Muslims' leader, Khâlid b. al-Walîd assigned someone to
tend to his injuries. [Something similar to this is mentioned in the
Thiqât of Ibn Haban 2/175 and al-Tâbâri's History (2/281) and others.
Also, a similar story for Al-Barâ' is said to have taken place in the
town of Tustur.]

5. Ahmad related that Abû Ishâq asked al-Barâ': If a man attacks the
polytheists, is he "throwing himself in to destruction"? He said: No,
because Allah has sent his Messenger and revealed to him: "Then fight
(O Mohammad) in the cause of Allah, you are not held responsible
except for yourself." In fact, the implication of that verse applies
also to spending.

6. In "Sahih Muslim" there is the famous long hadîth where the boy,
who the king could not slay. The king said: "You will not be able to
slay me until you do what I ask you to do" The King said: "What is
that?" He said: "You must gather all the people in one place, crucify
me on a tree trunk, then you put an arrow inside a bow and say: `By
the name of Allah the Lord of this boy then shot me. If you do so you
will kill me." At the end of hadîth, the king did as the boy said and
the boy died. Then the crowd of people said: "We believe in the Lord
of this boy, we believe in the Lord of this boy, we believe in the
Lord of this boy." This hadîth is also mentioned in Al-Musnâd (22805)
and other books. This boy showed the king how he could kill him, and
the king executed the method of killing he guided him to. But the boy
got the great benefit he was seeking, which was that all people
believed in Allah after they came to know the full story and
recognized the honor which Allah Has granted this boy.

7. Abû Sa`îd al-Khudrî relates that the Prophet (peace be upon him )
said: "Those who are fighting in the front line and do not turn their
faces until they are killed, they are in great pleasure in the upper
rooms of Paradise, and Allah laughs because of them, and whoever Allah
laughs on His account of will not have any reckoning on the Day of
Judgment." [related by Ibn Abî Shaybah (4/569), al-Tabarânî, AbûYa`lâ,
Ibn al-Mubârak in al-Jihad, Abû Nu`aym in al-Hilya and others.
Al-Munzirî said all the narrators are reliable.]

8. Ibn Abî Shaybah relates that Mudrak b.`Awf Al-Ahmasî said: "I was
with Umar b. Al-Khattâb, until it was said: "O Commander of the
Faithful, a man bought himself. Then Mudrak b. `Awf said: "That, I
swear by Allah, is my uncle. People proclaimed that he "threw himself
into destruction." `Umar said: "They told lie. He is one of those whom
bought the Hereafter with the life of this world."

9. Mohammad b. al-Hasan al-Shaybânî , in al-Siyar (1/163) says:
"Whoever attacks the enemy is doing it for the glory of his religion,
and he is looking for martyrdom which earns him eternal life, then how
could he be throwing himself into destruction?" Then he says: "There
is no harm that a man attacks alone, even though he believes he will
be killed, if he believes he will be able to do something of value,
like killing, injuring or defeating the enemy. Many Companions did
that in the presence of the Prophet (peace be upon him) in the Battle
of Uhud and he praised them for it. Someone told Abû Hurayrah: `Did
you see Sa`îd b. Hishâm when the two armies met? He attacked alone
until he was killed. Did he "throw himself into destruction"?' Abû
Hurayrah replied: No, but he put a verse of Allah's Book into
practice: And of mankind is he who would sell himself, seeking the
pleasure of Allah

But, if he knows that he will achieve nothing and will not be able to
hurt the enemy, then he should not attack them because he can not gain
any benefit for the glory of his religion but will only be killed.
Allah says "And do not kill yourselves" . Therefore, if he can not
hurt there is no benefit, and then he should not attack.

10. Ibn Hajar al-`Asqalânî, while discussing the issue of one man
attacking many, it tells us that the majority of scholars say that if
on account of his bravery and he thinks such an act will frighten the
enemy or encourage the Muslims to fight, then his act is valid. But,
if it's only an act of rashness, it is forbidden, particularly if it
will weaken the Muslims. [See Subul al –Salâm 2/473]

11. Al-Dasûqî, in Hâshiah al-Dasûqî (2/208) put two conditions for the
lawfulness of such an act:

• That the attacker's intention is for the glory of Allah's word.
• That he thinks his act will hurt the enemy.

12. Ibn Al-Arabî, (1/166) said: It is permissible for a single man to
fight a group of enemies for four reasons:

• He is seeking martyrdom.
• His objective is to inflict harm upon the enemy.
• His objective is to encourage Muslims to fight the enemy.
• His objective is to weaken the enemy's resolve, by making them
wonder that if a single man can accomplish so much, then how will it
be when they all fight together?

Peace and blessing be upon all those who follow the guidance.



 


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