The Ijtihad and Fatwa Committee of the International Union of Muslim Scholars Issues a Fatwa Regarding Israeli Crimes Against Gaza

Saturday, 6 Rabi' al-Thani 1445 AH
Corresponding to October 21, 2023 CE

Praise be to God, the supporter of the struggling, the liberator of the afflicted, and the disgracer of occupiers and aggressors. Prayers and peace be upon the final Prophet to all worlds, Muhammad ﷺ, and upon all his family and companions collectively. Thereafter:

The Ijtihad and Fatwa Committee 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, targeting women and children, and the destruction of homes, mosques, churches, and hospitals. Also, cutting off water, electricity, and energy, and prohibiting all necessities of life from them; this is with the intention of their annihilation and an attempt to erase them, amidst a shameful global silence for every person with a conscience. Furthermore, in the face of the blatant support of most Western countries for the absolute war on Gaza, and in the face of this great trial; the Ijtihad and Fatwa Committee clarifies the Islamic realities and the Sharia obligations for Muslims, governments, peoples, and individuals, in a clear manner and in order to fulfill its assigned duty, and also to support the oppressed and those subjected to aggression, and to clarify matters that may have become unclear to some. – With the help of Allah Almighty:

First: What the people of Gaza and Palestine are doing is a legitimate jihad and an obligation upon them, for the liberation of their land occupied by the tyrannical Zionist entity. Because the Zionist entity did not exist before 1948, ending their occupation of Islamic land is therefore a Sharia obligation. The first to bear this obligation are the people of Palestine themselves, this is to affirm the previous fatwas of fatwa bodies in the Islamic world, for example, the fatwa of the scholars of Al-Azhar and the Fatwa Department in Jordan and many others. The Prophet ﷺ also gave them tidings of victory, as it is stated in Musnad Imam Ahmad, narrated from Abu Umamah (may Allah be pleased with him) that he said: "The Prophet ﷺ said: 'A group from my nation will continuously uphold the command of Allah. They will defeat those who intend to fight them, and those who oppose them will not harm them, they will remain like this until the Day of Judgment.' They said: 'O Messenger of Allah, where are they?' He said: 'Bayt al-Maqdis and its surroundings.' (The area of Jerusalem and its surroundings was formerly called Bayt al-Maqdis)."

Second: Supporting the people of Gaza and Palestine is a Sharia obligation upon Muslims, men and women, old and young, rulers and the ruled, each according to their ability; this is primarily due to our Islamic brotherhood, and then to remove oppression and support truth and justice, by any means and method possible, with soul, money, words, demonstrations, political stances, and many other means and tools. In order to fulfill the saying of Allah Almighty: (انْفِرُوا خِفَافًا وَثِقَالًا وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ) [At-Tawbah: 41]

Meaning: (O believers, whenever you are called to battle by a trusted leadership): Rise up, lightly and heavily armed, on horseback and on foot, and be prepared, and strive and exert yourselves with your wealth and lives in the way of Allah. That is better for you if you know and understand.

Third: The Sharia ruling is that whoever supports oppression is himself an oppressor, and whoever supports truth and justice will be rewarded. The world sees with its own eyes that a number of Western countries support the occupying Zionist entity with financial, military, intelligence, and logistical power, thus they are complicit in the aggression, oppression, and crime. Therefore, it is obligatory upon Muslims to unite their voices and organize a military unity to protect the stability of the region and remove oppression and tyranny, so that corruption and chaos do not arise. If these brutal forces support and back each other, then from a Sharia perspective, supporting and aiding the oppressed is a fard (obligatory) and wajib (compulsory). Allah Almighty said: ﴿وَالَّذِينَ كَفَرُوا بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ ۚ إِلَّا تَفْعَلُوهُ تَكُن فِتْنَةٌ فِي الْأَرْضِ وَفَسَادٌ كَبِيرٌ﴾ [Al-Anfal: 73]

Meaning: And those who disbelieved, some of them are allies of others and support each other. If you, the believers, do not aid each other and support each other, then there will be discord and great corruption and sin on earth (suffering and hardship will befall you, the believers).

Fourth: It is clear from a Sharia perspective that Zakat is for eight categories, as Allah Almighty said: (إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ ۖ فَرِيضَةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ) [At-Tawbah: 60]

Meaning: Indeed, [prescribed] charities are only for the poor and 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 (any field that serves the call of Islam and advances and triumphs the religion of Allah), and for the wayfarer (who runs out of money and becomes needy). (The distribution of Zakat in this manner) is an obligation from Allah on the shoulders of the believers, and Allah is All-Knowing, All-Wise (in bestowing wealth and obligating Zakat).

One of these expenditures is (وَفِي سَبِيلِ اللَّهِ – in the way of Allah), which means giving Zakat money to the struggling and those who fight in the way of Allah. What the people of Gaza are doing today is jihad in the way of Allah, therefore they are eligible for Zakat. So, whoever's Zakat due date has arrived, let him disburse it to them, just as it is permissible to advance the disbursement of Zakat for them. Because the majority of scholars hold the view that in times of tribulation for Muslims or in a state of necessity, it is permissible to advance the disbursement of Zakat. Their evidence is the narration by the five (except An-Nasa'i) from Ali (may Allah be pleased with him) that "Abbas asked the Prophet ﷺ about advancing his Zakat before its due time, and he permitted him." Also, it is established in Sahih that the Prophet ﷺ took Zakat for two years from him. Similarly, the people of Gaza also fall under other conditions, such as poverty, destitution, debt, and being a wayfarer.

This is concerning Zakat money. Moreover, from a Sharia perspective, it is obligatory 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: (يَا أَيُّهَا الَّذِينَ آمَنُوا هَلْ أَدُلُّكُمْ عَلَىٰ تِجَارَةٍ تُنجِيكُم مِّنْ عَذَابٍ أَلِيمٍ (10) تُؤْمِنُونَ بِاللَّهِ وَرَسُولِهِ وَتُجَاهِدُونَ فِي سَبِيلِ اللَّهِ بِأَمْوَالِكُمْ وَأَنفُسِكُمْ ۚ ذَٰلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ) [As-Saff: 10-11]

Meaning: O you who have believed, shall I guide you to a transaction that will save you from a painful punishment? [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 better for you, if you should know.

(At-Tirmidhi) narrated from the Prophet and from many companions such as Omar, Ali, Hassan, Aisha, and many other companions and followers that: "There are other rights on money besides Zakat." Also, (Al-Juwaini) in (Al-Ghiyathi) page (278) says: "I am not aware of any disagreement that filling the needs of the afflicted in various hardships is an obligation upon the wealthy."

Fifth: Supporting our brothers in Palestine and Gaza is an obligation upon every Muslim, the most important of which is media support, because from a Sharia perspective, every word, document, and recording that supports the cause is desired and sought after. The evidence for this is the saying of Aisha (may Allah be pleased with her), narrated by (Muslim and Abu Dawood), that she said: "I heard the Messenger of Allah saying to Hassan: 'As long as you defend Allah and His Messenger, the Holy Spirit is with you.'" Similarly, in the narration of (Ahmad and An-Nasa'i), the Prophet ﷺ said: "Strive against the polytheists with your wealth, your selves, and your tongues." Thus, it is clear that striving with words is a Sharia obligation.

Sixth: Because in a Hadith (muttafaq alayh), the Prophet ﷺ said: "Whoever prepares a warrior in the way of Allah has himself waged war, and whoever stays behind in place of a warrior in the way of Allah and takes care of his family, has himself waged war." Just as it is forbidden for those in authority to prevent them from receiving aid and treating their sick, because these actions are considered support and backing for the enemies of Allah, and the aggressors and occupiers of Islamic lands.

Seventh: The Committee issues a fatwa on the unlawfulness of normalizing relations with the Zionist entity in all its forms and manifestations, just as it issues a fatwa on the unlawfulness of supporting and aiding them in their aggressions against the people of Gaza, regardless of the form or nature of that support. The Sharia obligation upon those states that have normalized relations with the Zionist entity is to sever their ties with it in order to support the oppressed. This is in addition to the unlawfulness of aiding and supporting disbelievers against Muslims, because this is one of the major sins, as Allah Almighty said: (تَرَىٰ كَثِيرًا مِّنْهُمْ يَتَوَلَّوْنَ الَّذِينَ كَفَرُوا ۚ لَبِئْسَ مَا قَدَّمَتْ لَهُمْ أَنفُسُهُمْ أَن سَخِطَ اللَّهُ عَلَيْهِمْ وَفِي الْعَذَابِ هُمْ خَالِدُونَ (80) وَلَوْ كَانُوا يُؤْمِنُونَ بِاللَّهِ وَالنَّبِيِّ وَمَا أُنزِلَ إِلَيْهِ مَا اتَّخَذُوهُمْ أَوْلِيَاءَ وَلَٰكِنَّ كَثِيرًا مِّنْهُمْ فَاسِقُونَ) [Al-Ma'idah: 80-81]

Meaning: 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. And if they had believed in Allah and the Prophet and what was revealed to him, they would not have taken them as allies; but many of them are defiantly disobedient.

Eighth: Muslims, both leaders and people, must boycott the Zionist entity and all those who support and aid it in its war against the oppressed people of Gaza. Economic, cultural, scientific, and all other forms of boycotts are obligatory from a Sharia perspective. This is one of the desired Sharia ways to support the Palestinian cause and respond to the blatant aggressions of the Zionist entity, which include bombing homes, mosques, and hospitals, and deliberately killing civilians, women, and children. The evidence for the legitimacy of this boycott is the saying of Abu Hurairah (may Allah be pleased with him), as stated in Sahih Al-Bukhari, that he said: "After Thumama bin Uthal embraced Islam, (his people) said to him: 'Did you betray us?' He said: 'No, I became Muslim with Muhammad ﷺ, but no, by Allah, not a single grain of wheat will reach you until the Prophet ﷺ permits it.'" This is evidence for the legitimacy of economic and similar boycotts.

Ninth: The Ijtihad and Fatwa Committee of Muslim Scholars also points to the desirability and acceptance of Qunut (supplication) in both silent and audible prayers, and in individual and congregational prayers, so that Allah may grant victory to the struggling and destroy the aggressors and oppressors. The evidence for its desirability and acceptance is narrated in (Al-Bukhari, Muslim, and As-Sunan) from Anas (may Allah be pleased with him) that: "When the Qur'an reciters were killed, the Prophet ﷺ performed Qunut for one month, and I never saw him more grieved than he was at that time." (As narrated by Al-Bukhari).

One of the supplications that the Prophet ﷺ made against his enemies and that has reached us is what is stated in (Sunan Abi Dawood) that the Prophet ﷺ used to say on some of the days when he faced the enemy: "اللهم منزل الكتاب، ومجري السحاب، وهازم الأحزاب، اهزمهم وانصرنا عليهم - O Allah, Revealer of the Book, Mover of the clouds, and Defeater of the Confederates, defeat them and grant us victory over them." Also, in (Sunan Abi Dawood) it is stated: "اللهم إنا نجعلك في نحورهم ونعوذ بك من شرورهم - O Allah, we place You against their throats and seek refuge in You from their evils." So let Muslims perform Qunut in their mosques and prayers and not abandon it until Allah Almighty removes this tribulation from the oppressed.

Tenth: The Committee warns against the displacement of the people of Gaza and their expulsion from their land and homes, just as it emphasizes that this act is one of the major sins in Islamic Sharia and international laws and agreements. It also deems any participation in such a heinous crime, under any pretext, as forbidden. It is the Sharia obligation of Islamic states and their leaders to prevent this kind of dirty plot; if they are negligent, then they are complicit in that great crime, both in this world and the hereafter. Therefore, the Committee believes that the people of Gaza must remain steadfast against demands for displacement.

Eleventh: The Ijtihad and Fatwa Committee expresses its thanks and appreciation to the scholarly organizations that have fulfilled their Sharia duty in supporting our brothers in Gaza. It also extends special thanks to Al-Azhar Al-Sharif for its honorable stance and calls upon all other scholarly organizations to fulfill their responsibilities. It also thanks everyone who has helped and supported the Palestinian cause, including peoples and leaders, and especially thanks the free non-Muslim peoples whose living consciences have moved them. Similarly, it values the stance against the Zionist entity of all free individuals around the world, including balanced Jews, 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 fully liberate Palestine from the hands of the tyrannical Zionists. Ameen, O Allah.

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