The Committee for Ijtihad and Fatwa of the International Union of Muslim Scholars Issues a Fatwa Regarding Israel's Crimes Against Gaza

Saturday, 6th of Rabi' al-Thani 1445 AH

Corresponding to October 21, 2023 CE

All praise and thanks are due to the Giver of Victory to the strivers, the Savior of the afflicted, and the Exposer of occupiers and aggressors. Blessings and peace be upon the soul of the final Prophet to the worlds, Muhammad ﷺ, and upon the souls of all his family and companions. To proceed:

The Committee for Ijtihad and Fatwa of the International Union of Muslim Scholars is closely monitoring the events on the land of Gaza and is aware of the actions being carried out by the occupying enemy, including the killing of innocent people, the targeting of women and children, and the destruction of homes, mosques, churches, and hospitals. Also, the cutting off of water, electricity, and energy, and the prohibition of all life necessities from them; this is with the will and desire for their annihilation and the attempt to erase them, amidst a shameful global silence for any person with a conscience. And in the face of this blatant support from most Western countries for the absolute war on Gaza, and in the face of this great test; the Committee for Ijtihad and Fatwa clarifies the Islamic truths and the Sharia duties for Muslims, governments, peoples, and individuals, in a clear manner and in order to fulfill the duty upon its shoulders, and also to support the oppressed and the aggressed upon, and to show those things that may have become confused for some due to a lack of clarity. - With the support of Allah the Almighty:

First: What the people of Gaza and Palestine are doing is a legitimate jihad and a duty upon them, in order to liberate their land which the tyrannical Zionist entity has occupied. Because the Zionist entity did not exist before the year 1948, therefore, ending their occupation of Islamic land is a religious duty. The first people upon whom this duty falls are the people of the land of Palestine themselves. This is to affirm the previous fatwas of the fatwa councils in the Islamic world, for example, the fatwa of the scholars of Al-Azhar and the fatwa institution in Jordan and many others. The Prophet ﷺ gave the glad tidings of their victory, as stated in the Musnad of Imam Ahmad, who narrates from Abu Umamah (may Allah be pleased with him) that he said: "The Prophet ﷺ said: 'A group of my Ummah will continue to adhere to the command of Allah, defeating those who want to fight them, and those who oppose them will not harm them, until the Day of Judgment comes while they are in this state.' They said: 'O Messenger of Allah, where are they?' He said: 'In Bayt al-Maqdis and the surroundings of Bayt al-Maqdis.'" (The region of Quds and its surroundings was previously called Bayt al-Maqdis).

Second: Supporting the people of Gaza and Palestine is a religious duty upon Muslims, men and women, old and young, leaders and the led, each according to their ability; this is firstly because of our Islamic brotherhood, and then to remove oppression and support truth and righteousness, by any means and method that is possible, with self, wealth, speech, demonstrations, political stances, and many other means and tools. So that we may implement the saying of Allah the Almighty: {Go forth, whether light or heavy, and strive with your wealth and your lives in the cause of Allah. That is better for you, if you only knew.} (At-Tawbah: 41).

Third: The Sharia ruling is that whoever supports oppression is an oppressor themselves, and whoever supports truth and righteousness will be rewarded. The world sees with its own eyes that a number of Western countries support the occupying Zionist entity, supporting it with the power of money, military, intelligence, and military mobilization. Therefore, they are also participants in the aggression, oppression, and crime. It is obligatory for Muslims to unite their words and organize a military union to protect the stability of the region and remove oppression and tyranny, so that corruption and turmoil do not arise as a result. If these brutal forces support each other and back one another, then from a Sharia perspective, supporting and backing the oppressed is obligatory and a duty. Allah the Almighty said: {And those who disbelieved are allies of one another. If you do not do so, there will be fitnah on earth and great corruption.} (Al-Anfal: 73).

Fourth: It is clear from a Sharia perspective that the expenditure of zakat is for the eight categories, as He said: {Zakat expenditures are only for the poor and for the needy and for those employed to collect [zakat] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise.} (At-Tawbah: 60).
One of these expenditures is "in the cause of Allah," which means giving the zakat of wealth to the strivers and those who fight in the cause of Allah. What the people of Gaza are doing today is jihad in the cause of Allah, therefore they are deserving of zakat. So, whoever's time for giving zakat has come, let them spend it for them, just as it is permissible to advance the giving of zakat for their sake. Because the majority of scholars are of the opinion that when a trial befalls the Muslims or a state of necessity, it is permissible to advance the giving of zakat. Their evidence is the narration of the five except for An-Nasa'i, who narrate from Ali (may Allah be pleased with him) that "Abbas asked the Prophet ﷺ about advancing his zakat before its time came, and he permitted him." It is also established in the Sahih that the Prophet ﷺ took two years' zakat from him. Likewise, the people of Gaza fall under other conditions as well, such as poverty, need, debt, and being stranded travelers.
This is regarding the zakat of wealth. It is also a religious duty to help the people of Gaza and Palestine with money other than zakat. This is a form of jihad with wealth, which is the best trade with Allah, as He says: {O you who have believed, shall I guide you to a transaction that will save you from a painful punishment? (10) [It is that] you believe in Allah and His Messenger and strive in the cause of Allah with your wealth and your lives. That is best for you, if you should know.} (As-Saff: 10-11).
At-Tirmidhi narrates from the Prophet ﷺ and from many of the companions such as Umar, Ali, Hasan, Aisha, and many other companions and successors that: "There is a right upon wealth other than zakat." Al-Juwayni also says in (Al-Ghiyathi), page (278): "I am not aware of any difference of opinion that fulfilling the needs of the afflicted in various calamities is the duty of the wealthy."

Fifth: Supporting our brothers in Palestine and Gaza is the duty of every Muslim, the most important of which is support through the media. Because from a Sharia perspective, every word, document, and recording to support the cause is required and desired. The evidence for this is the saying of Lady Aisha, narrated by Muslim and Abu Dawud, who said: "I heard the Messenger of Allah say to Hassan: 'As long as you defend Allah and His Messenger, the Holy Spirit will be with you.'" Likewise, in the narration of Ahmad and An-Nasa'i, it is stated that the Prophet ﷺ said: "Perform jihad against the polytheists with your wealth, your selves, and your tongues." Thus, it is clear that jihad with words is a religious duty.

Sixth: Because in a hadith agreed upon (muttafaqun 'alayh), the Prophet ﷺ said: "Whoever equips a warrior (ghazi) on the path of Allah has himself performed ghazwa, and whoever stays behind to look after the family of a warrior on the path of Allah has himself performed ghazwa." Just as it is forbidden for those in authority to prevent them from receiving aid and medical treatment for their sick, because those actions are considered as supporting and backing the enemies of Allah and the aggressors and occupiers of Islamic land.

Seventh: The committee issues a fatwa on the prohibition of normalization of relations with the Zionist entity in all its forms and shapes, just as it issues a fatwa on the prohibition of supporting and backing them in their hostilities against the people of Gaza, whatever form or color that support may take. The religious duty upon those states that have normalized relations with the Zionist entity is to sever their relations in order to support the oppressed. This is in addition to the prohibition of helping and supporting the disbelievers against the Muslims, because this is one of the major sins, as Allah the Almighty said: {You see many of them becoming allies of those who disbelieved. How wretched is that which they have put forth for themselves in that Allah has become angry with them, and in the punishment they will abide eternally. (80) And if they had believed in Allah and the Prophet and in what was revealed to him, they would not have taken them as allies; but many of them are defiantly disobedient.} (Al-Ma'idah: 80-81).

Eighth: It is necessary for Muslims, with their leaders and people, to boycott the Zionist entity and all those who support and help it in its war against the oppressed of Gaza. Economic, cultural, scientific, and all forms of boycott are obligatory from a Sharia perspective. This is one of the desired Sharia methods for supporting the Palestinian cause and responding to the blatant aggressions of the Zionist entity, which include the bombing of homes, mosques, and hospitals, and the deliberate killing of civilians, women, and children. What testifies to the legitimacy of this boycott is the saying of Abu Hurayrah (may Allah be pleased with him) in the Sahih of Al-Bukhari, who said: "After Thumama ibn Uthal believed, his people said to him: 'You have betrayed?' He said: 'No, I became a Muslim with Muhammad ﷺ, but no, by Allah, not a single grain of wheat will reach you until the Prophet ﷺ gives permission.'" This is evidence for the legitimacy of economic and similar boycotts.

Ninth: The Committee for Ijtihad and Fatwa of Muslims also points to the desirability and approval of performing Qunut in the silent and loud prayers, and in the individual and congregational prayers, so that Allah may grant victory to the strivers and destroy the aggressors and oppressors. The evidence for its desirability and approval is what is narrated in Al-Bukhari, Muslim, and the Sunan from Anas (may Allah be pleased with him) that "when the Qur'an reciters were killed, the Prophet ﷺ performed Qunut for a month, and I have never seen him more grieved than at that time." (According to the expression of Al-Bukhari).
One of the supplications that the Prophet ﷺ made against his enemies that has reached us is the one in the Sunan of Abu Dawud, that the Prophet ﷺ used to say on some of the days when he faced the enemy: "O Allah, Revealer of the Book, Mover of the clouds, and Defeater of the parties, defeat them and grant us victory over them." It is also stated in the Sunan of Abu Dawud: "O Allah, we place You in their throats and we seek refuge in You from their evils." So let the Muslims perform Qunut in their mosques and their prayers and not abandon it until Allah the Almighty removes this calamity from the oppressed.

Tenth: The committee warns against the forced displacement of the people of Gaza and their expulsion from their land and homes. It also emphasizes that this act is one of the major crimes in the Islamic Sharia and in international laws and agreements. It also declares any form of participation in such a heinous crime, under any title, as forbidden (haram). The religious duty upon the Islamic states and their leaders is to prevent this kind of vile plan. If they are negligent, they are participants in this great crime, both in this world and in the Hereafter. Therefore, the committee believes that the people of Gaza must be steadfast against the calls for migration.

Eleventh: The Committee for Ijtihad and Fatwa expresses its thanks and appreciation to those scholarly organizations that have fulfilled their religious duty in supporting our brothers in Gaza. It also gives special thanks to Al-Azhar Al-Sharif for its chivalrous stance and calls on all other scholarly organizations to fulfill their duties. It also thanks all those who have helped and supported the Palestinian cause, from peoples and leaders. It also gives special thanks to those free non-Muslim peoples whose living consciences have moved them. Likewise, it values the stance against the Zionist entity of all free personalities in the world, including balanced Jews, those who have rejected and condemned this criminality against the people of Gaza.

We ask Allah to help and assist our people in Gaza, and to defeat their enemy and shake the ground beneath their feet, and to completely liberate Palestine from the hands of the tyrannical Zionists. O Allah, Ameen.

The Committee for Ijtihad and Fatwa of the International Union of Muslim Scholars