http://al-qimmah.net/showthread.php?t=19585



REASONS why Killing of kuffar women and children is allowed to be
carried out by Mujahidin .

[I need to know from some Mujahidin whether this Fatwa is Correct?]


Bism-Illah hi' Rahman ir Raheem

Its indeed thought at times that its not Mujahidin who says to kill
the people in kuffar lands such as the incidents of 9/11 and London
bombings .So its to clarify the methodology of many of our ikhwanul
Mujahidin organisations and what the ulema stated about replying to
kuffar who invaded our lands and tortured our people and stered our
children .There are References from Tafsir Ibn Kathir that talks about
Ayaat of Qisas and quotations from the Fatwa presented by Shaykh
Abd-Ullah Azzam(Rahim Ullah)


It says in The Fattwa by Shaykh Azzam(Rahim Ullah)

While the Shafi'ee's agreed that while, this is the general rule or
guideline for war, there are special cases and situations.

Special cases are the situation like we have today .Of extreme
oppression in our lands.As reported in the hadeeths related to Imam
Mahdi’s arrival.
Thawban (Radiy Allah anha) narrated from Rasool Allah(sal Allah hu
alayhe wasallam)

"If only one day of this world remained. Allah would lengthen that day
(according to the version of Za'idah), till He raised up in it a man
who belongs to me or to my family whose father's name is the same as
my father's, who will fill the earth with equity and justice as it has
been filled with oppression and tyranny(according to the version of
Fitr). Sufyaan's version says: "The world will not pass away before
the Arabs are ruled by a man of my family whose name will be the same
as mine will be inspired, he will make the world full of justice after
it had become full of oppression."

Sahih al-Tirmidhi, vol. 5, p. 343

Explaining from the Fatwa by Shaykh Abd-Ullah Azzam:

While the Shafi'ee's agreed that while, this is the general rule or
guideline for war, there are special cases and situations as is proven
from the following hadeeths


1."The Prophet (sal Allaah hu 'alayhe wasallam) was asked about
attacking the Mushrikeen at night time, where women and children get
hit (un-intentionally).
he(sal Allaah hu 'alayhe wa sallam) replied:

"They are from them. (i.e. the attack should not be stopped because of
the presence of women and children.)" [Narrated by Bukhari, Muslim,
Ibn Majah, At Tirmidhee etc.]

2.Another hadeeth supports this opinion; At Tirmidhee narrates:

"The Prophet (sal Allaah hu 'alayhe wa sallam) used Minjaneek
(Mangonel ballista) to bombard the people of At Taa'if."

(And it is known that the people of the city of At Taa'if had all
their families with them inside their castles.)
3.As well, a third hadeeth supports this argument. Salmah Ibn Al Akwa said:

"We attacked Houzan (tribe) at night time with Abu Bakr As Siddiq,
after the Prophet (sal Allaah hu 'alayhe wa sallam) assigned him as
the Ameer for this attack." [Narrated by Ahmad and Abu Dawood].


The above two attacks, i.e. that of At Taa'if and Houzan, were towards
the end of the Prophet's (salallaahu 'alayhe wa sallam) life. (So it
can not be said that this rule is invalid and was replaced by a
different ruling, as some might argue).

Looking at the issue from a different angle, we see that stopping the
Muslim army from fighting Mushrikeen when they have children with
them; would put Muslims and their interests under danger and harm,
especially in these days where fighting relies on artillery fire,
aircrafts and tanks. For this would mean that the use of all these
machine guns [and weaponry, etc.] would have to be avoided and
stopped. (Which is non-sense).

The Scholars have unanimously agreed on the [unintentional] killing of
a Muslim if he/she is taken [and used] as a human shield by the
Kufaar, so why would they forbid fighting the Kufaar because they have
their ( Kaafir) women and children with them?...

Is the sanctity of Mushrik women and children greater than that of Muslims

The general rule is not to kill women and children but the ruling in
severe cases of specific cases is derived from the hadeeths about Taif
raids which were conducted towards end times of the life of
Rasool Allah(sal Allah hu alayhe wasallam)

End of Fatwa by Shaykh Azzam(Rahim Ullah)

Describing QISAS.

Our ulema have explained to us the Rulings of Qisas in times like
these as these times are severe oppression of Muslims and therefore
the Ruling of Jihad is now not general but is changed due to specific
situations.


Tafsir Ibn Kaseer


Surah Baqrah:Ayah 194

“The sacred month is for the sacred month, and for the prohibited
things, there is the Law of equality (Qisas). Then whoever
transgresses against you, you transgress likewise against him. And
fear Allah, and know that Allah is with Al-Muttaqin”

Tafsir:


Ibn `Abbas, Ad-Dahhak, As-Suddi, Qatadah, Miqsam, Ar-Rabi` bin Anas
and `Ata said, "Rasool Allah(sal Allah hu alayhe wasallam) went for
`Umrah on the sixth year of Hijrah. Then, the idolators prevented him
from entering the Sacred House (the Ka`bah in Makkah) along with the
Muslims who came with him. This incident occurred during the sacred
month of Dhul-Qa`dah. The idolators agreed to allow them to enter the
House the next year. Hence, the Prophet(sal Allah hu alayhe wasallam)
entered the House the following year, along with the Muslims who
accompanied him,and Allah permitted him to avenge the idolators'
treatment of him.

The Statement of Allah :

(...whoever transgresses against you, you transgress likewise against
him.) Allah ordains justice even with the polytheists. Allah also said
in another Ayah:

(And if you punish, then punish them with the like of that with which
you were afflicted.) (Surah Nahl:126)



“And fear Allah, and know that Allah is with Al-Muttaqin” (Surah
Baqrah:Ayah194)commands that Allah be obeyed and feared out of Taqwa.
The Ayah informs us that Allah is with those who have Taqwa by His aid
and support in this life and the Hereafter.

The Statement of Allah:

“ And if you punish them, then punish them with the like of that with
which you were afflicted. But if you have patience with them, then it
is better for those who are patient”

The Ayah 126 of Surah Nahl.

Allah commands justice in punishment and equity in settling the cases
of rights. `Abdur-Razzaq recorded that, concerning the Ayah

(then punish them with the like of that with which you were afflicted)

Ibn Sirin said, "If a man among you takes something from you, then you
should take something similar from him.'' This was also the opinion of
Mujahid, Ibrahim, Al-Hasan Al-Basri, and others. Ibn Jarir also
favored this opinion. Ibn Zayd said: "They had been commanded to
forgive the idolators, then some men became Muslim who were strong and
powerful. They said, `O Messenger of Allah, if only Allah would give
us permission, we would sort them out ' Then this Ayah was revealed,
then it was latter abrogated by the command to engage in Jihad.''

Tafsir of Ash Shurah:Ayah 42

We refer to Ayah 194 of Surah Baqrah and Ayah 126 of Surah Nahl to
understand Qisas .In the tafsir of Ayah 42 of Ash Shurah ,Ibn Kaseer
(Rahim Ullah) ‘s explanation is clear.


(When two persons indulge in abusing each other, the one who initiated
the wrongful action is to blame, unless the one who was wronged
oversteps the mark in retaliation.)

This hadeeths talks about the verbal fight though we are talking about
Jihad and we can derive from this hadeeth the ruling of Qisas.So if we
take our revenge from those who stered us ,then it is not Mujahidin
that are to be blamed but those who initiated the attack on us,the
kuffar,as the people blame Mujahidin.Therefore we have command of
Allah to fight the kuffar who initiated the attack on us so that He
may punish them by the hands of Mujahidin .

“Will you not fight a people who have violated their oaths and
intended to expel the Messenger,(intended to harm Messenger) while
they did attack you first? Do you fear them? Allah has more right that
you should fear Him, if you are believers

“Fight against them so that ALLAH will punish them by your hands and
disgrace them and give you victory over them and heal the chests of a
believing people,

And remove the anger of their (believers') hearts. ALLAH accepts the
repentance of whom He wills. ALLAH is All-Knowing, All-Wise”

Surah Tawba:Ayah 13-15

We need to understand the Law of Qisas First which is for those people
who are wronged and been done injustice to as these people want to
take revenge.The hadeeth quoted by Ibn Kaseer (Rahim Ullah) in tafsir
of Surah Nahl:Ayah126,teaches us great deal in understanding of the
ways of Mujahidin .

This is not what I am saying but this is what mujahidin are doing .Our
ulema talks about Qisas and as these days are specific days of
oppression of Muslims so as
Shafie said that there are special cases and situations ,so the same
statement can be said here.

Hadeeth:

Rasool Allah (sal Allah hu alayhe wasallam) passed by me at a place
called Al-Abwa or Waddan, and was asked whether it was permissible to
attack the pagan warriors at night with the probability of exposing
their women and children to danger. Rasool Allah (sal Allah hu alayhe
wasallam) replied, "They (i.e. women and children) are from them (i.e.
pagans)." [Bukhari V4 Bk53; Hadith.No. 256]
This hadeeth tells us what Imam Sarkhasi wrote in his commentary as
the life of the kuffar are not sacred unlike the lives of Muslims.The
general meaning of the hadeeth that is some what like :

The life ,honour and property of a Muslim is sacred.
Another Reason to Justify the killings of kuffar men and women by
Mujahidin is the explantion by Imam Hajar asqlani.
Imam Ibn Hajar Al Asaqalani says in his commentary on Saheeh Bukhari
that the point is not to target the women and children intentionally
but if there is absolutely no other way to kill the enemy than by
injuring the women and children because they are mixed with the men
then there is no other choice. (Read Ibn Hajar Al Asqalani's Fathul
Bari, Kitab: Al Jihad wal Sayr, Bab: Ahlul Daar Yabeetoon Fa Yusaab Al
Waldaan wal Zharaari, Commentary on Hadith no. 2790


I have provided insight into Law of Qisas,
the Sayings of Rasool Allah ,himself and the fatwa by Shaykh Abd-Ullah
Azzam that is In accordance with Qur’an and Sunnah Because of these
Explanation,Mujahidin feel it secure to target kuffar women and
children and they don't mind killing americand britishers because they
have to take revenge for murder of thier families.The life of kuffar
are not sacred unlike the lives of Muslims

The Law of Qisas is itself sufficient to prove that we can do same to
enemies,america or uk are countries that have put themselves in
enemity with Allah and His Deen and His slaves .So,if Mujahidin
attacks them is because Qisas is there to give them hope from Allah
and also that their anger can only be quenched through Fighting for
what destruction happened back in Muslim world when they do same to
kuffar .Tooth for tooth,eye for eye .

Remember these days ,fight is not restricted to battlefields only .The
enemies have reached our homes so to turn them away from our places is
to attack their homes so that through Fighting,Allah will restrain the
evil might of kuffar .

(Nor take life, which Allah has made sacred, except for just cause.
And if anyone is slain wrongfully, We have given his heir authority
(to demand Qisas or to forgive): but let him not exceed bounds in the
matter of taking life; for he is helped (by the law) (Al-Isra’: Ayah
33)

Also narrated in authentic hadeeths,the life property and honour of a
Muslim is sacred
>From this hadeeth we get to know which life is sacred?The Tafsir has
to be done by Hadeeth and in the hadeeth the tafsir of the words
‘which Allah has made sacred’ means the life of the Muslims.

(Nor take life, which Allah has made sacred, except for just cause.
And if anyone is slain wrongfully, We have given his heir authority
(to demand Qisas or to forgive): but let him not exceed bounds in the
matter of taking life; for he is helped (by the law) (Al-Isra’: 33)

Ibn Kaseer narrated in his Tafsir of the following Ayah:
(The blood of a Muslim who bears witness to La ilaha ill Allah and
that Muhammad is the Messenger of Allah, is not permissible (to be
shed) except in three cases: a soul for a soul (i.e., in the case of
murder), an adulterer who is married, and a person who leaves his
religion and deserts the Jama'ah
http://www.qtafsir.com/index.php?option=com_content&task=view&id=2826&Ite
mid=72#1

Allah said,
(And kill not anyone whom Allah has forbidden, except for a just cause
(according to Islamic law).) This part of the Ayah emphasizes this
prohibition in specific, although it is included in the immoral sins
committed openly and in secret.

(The blood of a Muslim who bears witness to La ilaha ill Allah and
that Muhammad is the Rasool Allah, is not permissible (to be shed)
except in three cases: a soul for a soul (i.e., in the case of
murder), an adulterer who is married, and a person who leaves his
religion and deserts the Jama'ah

The blood of a Muslim person who testifies that there is no Ilah but
Allah and that I am the Messenger of Allah is prohibited, except for
three offenses: a married person who commits zina life for life, and
whoever reverts from the religion and abandons the Jama`ah (the
community of faithful believers).)

There is a prohibition, a warning and a threat against killing the
Mu`ahid, i.e., non-Muslims who have a treaty of peace with Muslims.


Abu Hurayra(Radiy Allah hu anha) narrated from Rasool Allah(sal Allah
hu alayhe wasallam) that he said :
(Whoever killed a person having a treaty of protection with the
Muslims, and who enjoys the guarantee of Allah and His Messenger, he
will have spoiled the guarantee of Allah ﴿for him﴾. He shall not smell
the scent of Paradise though its smell is perceived from a distance of
seventy years.) Ibn Majah and At-Tirmidhi recorded this Hadith, and
At-Tirmidhi said, "Hasan Sahih.''

http://www.qtafsir.com/index.php?option=com_content&task=view&id=949&Item id=61

It is only Mua'ahid who has a treaty with Muslims,enjoy the facility
of not being killed by Muslims.And the general prohibition of killing
women and children of kuffar stands in the case of Jihad when its
restricted to battlefields and Muslims are not oppressed.Apart from
old of kuffar ,women and children and those who are muaahid ,the rest
are to be dealt strictly in times of Jihad .And if a Muslim kills any
kuffar ,then still there is no kaffarah on them because the lives of
kuffar are not sacred.


The Ayah that means Fight those who fight you refers to kind dealing
of the kuffar who don’t fight you or transgress in matters of our
Deen.This also means to be kind to those who don’t fight you and just
with them .And following Sunnah of Rasool Allah(sal Allah hu alayhe
wasallam) in asking them of their health when they are ill and they
are prisoned by Muslims.It also means not to fight the non combatants
in the times of Jihad when the fight is not mixed with extreme
oppression or when the general ruling of Jihad is applied in normal
times.As kiling non combatants is not allowed except in the case of
Qisas such as the times which Muslim Ummah has seen.And since the
Ummah is angry so there is a help from Shareeah in this matter so that
the chests of the momineen be cooled.

Many Mujahidin are plotting against america and uk and its all in
accordance with Qur’an and Sunnah because we have to do same to kuffar
in their countries what they did at our homes.And whosoever
disrespects the Deen of ALLAH,,His Nabi(Sal ALLAH hu alayhe wasallam)
and His Kitaab ,is bound to be kiled and that is obligatory on the
Muslimeen to kill such kuffar

And Same Ruling is to be applied when dealing with the kuffar when
they disrespect the Deen of ALLAH(Subhanahu Wa Ta’ala) .As to kill
them in their countries it involves their women and children too so
the narrations about taif raids fulfils the need of troubled minds who
finds it as an act unjust by Mujahidin ,


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