New Age Islam
Sat Nov 28 2020, 05:58 PM

Radical Islamism and Jihad ( 23 Dec 2012, NewAgeIslam.Com)

The Truth behind Taliban's Fatwa Justifying Killings of Innocent Civilians Part-5

 

Al Abeeri quotes out of context to justify his un-Islamic fatwa

By Sohail Arshad, New Age Islam

Dec 24, 2012

In his article titled “Circumstances in which the killings of innocent people among the infidels is justified”, published in Taliban’s mouthpiece Nawai Afghan Jihad raises the issue of masala (proportionate punishment) and issues the fatwa that if the infidels kill Muslim women and children then it becomes lawful for the Muslims to kill common (non-combatant) women and children among the infidels. He quotes the same Quranic (as quoted in earlier parts of the article) verses that permit taking revenge, in support of his fatwa. In this context he also quotes Ibn Taiymiyya:

“Though masalah has been prohibited but God has allowed it for Muslims to practise masalah if they (the infidels) do it to Muslims.”

Yousuf Al Abeeir tries to vindicate his stand in a covert manner with the help of the verses of the Quran, the expositions of the religious scholars and the jurists. The Quran allows Muslims to deal with the enemy in an appropriate and judicious way if they have committed slaughter or masalah (mutilation) or tried to kill the Muslims during a war. Therefore, Ibn Taiymiyya’s argument is only with regards to those who fight the Muslims. Since it has been the practise of the Taliban to kill civilians and their enemies (NATO soldiers, American soldiers, ministers, MPs and government officials of the Afghan government and their supporters) including women and children in random attacks, Al Abeeri has tried to legitimise all these actions of the Taliban by presenting the quotes of the ulema in wrong context and presenting wrong explanations. He helplessly has to quote the hadiths that prohibits masalah or mutilation of corpses.

By masalah, the Quran and hadith mean the proportionate punishment or revenge one is meted out but the Taliban scholar suggests that masala means killing the kin and co-religionists including women and children of the actual  perpetrators of crime in revenge which is in contravention to the teachings of the Quran and sunnah. The verses of the Quran says:

“And no bearer of burdens will bear the burden of others”. (Al Isra: 15)

But Yousuf Al Abeeri defiantly says:

“This shib’h (comparison) is wrong and invalid. If we apply this even to the combatants, then we see that the holy prophet (PBUH) fought the warriors of the Quraish whereas the truth was that the agreement was violated by Bani Bakar bin Wael or the chieftains of the Quraish. The holy Prophet (PBUH) fought with the men, the elderly people and their wageworkers who did not violate the agreement but it was their seniors and policy makers who had violated the agreement. For the crimes of their elders and sardars, the holy Prophet (PBUH) killed 700 people and enslaved the survivors. That’s why ulema have declared it permissible the ‘kin’ of the enemy and they do not put the condition that masalah will be practised only against the actual perpetrators.

The reply is that any agreement is signed between the chiefs or representatives of the two parties. So, the violation of an agreement means that the whole community approved the violation. Those who approved the violation and fought against the Muslims were treated as combatants and those who did not approve of the violation and did not fight against the Muslims and surrendered, they were spared. Obviously, in war whoever fights is either killed or taken prison of war. That is what might have happened to those violators of the agreement. But the way Al Abeeri has presented this point gives the impression that the holy Prophet (PBUH) killed innocent, peace-loving and unarmed civilians and enslaved them. In this way they also committed blasphemy to the holy Prophet (PBUH).

A study of the Islamic history will show that often the tribes of Quraish and the Jews of Makkah and Madina violated the agreements of peace with Muslims and would attack on the unsuspecting Muslim caravans and traders passing through their area. Muslims had to fight these violators of the agreement. But Al Albeeri applies the rules of war on the terrorist activities of his group killing innocent people in times of peace.

“That’s why ulema have declared it permissible to kill the ‘kin’ of the enemy and they do not put the condition that masalah will be practised only against the actual perpetrators.”

This statement is utterly un-Islamic and misleading and has been made only with the purpose of justifying Taliban’s un-Islamic practices. In his view, masala can be practised not only on the actual perpetrators of crime but also on the wife, children and other innocent and uninvolved members of their community by killing them in sudden attacks, whereas the truth is that the holy Prophet (PBUH) himself has prohibited the killings of innocent women, children, the elderly and non-combatant men. The Quran permits punishing only those who commit the crime.

All the ulema Al Abeeri has quoted unanimously say that those who fight will be fought and avenged appropriately. But Al Abeeri has very cunningly tried to cull this interpretation from their quotes that the uninvolved and innocent relatives and community members including women and children should also be avenged, a point which does not exist in the actual text.

Mullah Al Abeeri has quoted the following verse of the Quran in a wrong context:

And when We intend to destroy a city, We command its affluent but they defiantly disobey therein; so the word comes into effect upon it, and We destroy it with [complete] destruction.” (Al Isra: 16)

Explaining this verse, Mullah Al Abeeri says:

“Shariah has prescribed these sentences for the circumstances mentioned above because they are considered collective sins. That’s why the community is punished for the sins of the individual so that the community can be compelled to hold the criminal’s hand before he commits the crime.”

It means the common Muslims of Pakistan and Afghanistan supporting their elected governments are collective sinners and so God has given power of attorney to the Taliban to kill the Muslims of both the countries through suicide attacks until they withdraw their support to their governments and accept the rule of the Taliban. God has the right and authority to punish individuals or a community for their sins. It does not give Taliban justification to kill the community for the crimes of individuals.

The Quran mentions the fates of some nations whose majority were immersed in sins, so God annihilated them for their transgressions. Some of the nations that were destroyed were the nations of Noah, Loth, Aad, Thamud and the people of Madian. But God does not completely destroy a town where pious and righteous people form the majority.

The purpose behind quoting the verse mentioned above is to declare even the innocent people of the enemy wajibul qatl (deserving to be killed) whereas there is a hadith reported by Hadhrat Abdullah bin Abbas:

“When the holy Prophet (PBUH) dispatched troops, he would advise the soldiers, ‘do not commit treachery, do not steal from war booty, do not mutilate corpses, and do not kill children and priests.’ ”

Imam Abu Yousuf writes in his book Kitab al Kharaj:

“No peaceful non-Muslim citizen will be punished for the acts of his co-religionist”.
Therefore, Mullah Al Abeeri’s fatwa that taking revenge for the excesses of the enemy from their wives, children and other members of their community is lawful is based on lies and misinformation and cannot be substantiated by the Quran or hadith or Islamic jurisprudence.

Sohail Arshad is a regular columnist for New AgeIslam.com.

URL of Part 1: http://www.newageislam.com/radical-islamism-and-jihad/the-truth-behind-taliban-s-fatwa-justifying-killings-of-innocent-civilians-–-part-1/d/9696

URL of Part 2: http://www.newageislam.com/radical-islamism-and-jihad/the-truth-behind-taliban-s-fatwa-justifying-killings-of-innocent-civilians-–-part-2/d/9711

URL of Part 3: http://www.newageislam.com/radical-islamism-and-jihad/the-truth-behind-taliban-s-fatwa-justifying-killings-of-innocent-civilians-part-3/d/9733

URL of Part 4: http://www.newageislam.com/radical-islamism-and-jihad/the-truth-behind-taliban-s-fatwa-justifying-killings-of-innocent-civilians-–-part-4/d/9768

URL: http://www.newageislam.com/radical-islamism-and-jihad/the-truth-behind-taliban-s-fatwa-justifying-killings-of-innocent-civilians-part-5/d/9784

 

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