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Editor’s
Introduction
The main purpose for presenting this particular fatwâ (legal
ruling) of Shaykh Ibn Bâz -hafidhahullâh - is to show precisely
what was said by him concerning this issue, and the principles upon which
the fatwâ was based - remembering: that if the ijtihâd of
the Shaykh is correct, then he is rewarded two-fold from Allâh, and if he
has erred, then he has a single reward - as he sallallâhu ’alayhi wa
sallam said: ‘‘When a judge judges and strives and is correct, then he
has two rewards. If he judges and strives and errs, then he has a single
reward.’’ [2]
The Text
of the Questions and Answers
[Q.l]: Some people have
understood from your answer to the question about the peace with the Jews
- and it was the first question in the discussion - that a peace treaty or
truce with the Jews, who have seized land and committed oppression, is
unrestrictedly permissible; and that it means we may have love and
affection for the Jews. It also means that we may not include anything
which will cause hatred for them, or dissociation from them, in the
educational curriculum in the Islâmic lands, nor in sources of information
- claiming that peace with them means this, and that after the peace
treaty they are no longer enemies whom we believe to be our enemies, and
because the world today lives in a state of harmony between nations and of
peaceful co-existence - therefore it is not allowed to spread religious
hatred between the nations. So we hope that you will clarify this matter.
[A.1]: The reply is: that
a peace treaty with the Jews, or with other kâfirs (unbelievers),
does not mean having love for them, nor taking them as friends and allies.
Rather it means only peace between the two sides and that each of them
will not harm the other, and other things such as buying and selling and
exchanging ambassadors; and other dealings which do not mean love for the
kâfirs or taking them as friends and allies And the Prophet
sallallâhu ’alayhi wa sallam established a peace treaty with the
people of Makkah; and that did not mean that they loved them or took them
as friends and allies, rather the enmity and hatred remained between them
until Allâh made easy the conquest of Makkah in the year of conquest - and
the people entered Allâh’s religion in crowds. Likewise the Prophet
sallallâhu ’alayhi wa sallam established a peace treaty with the Jews
of al-Madînah when he emigrated to al-Madînah - and it was not restricted
by any time limit. So this did not necessitate love of them, nor affection
for them. Rather, he sallallâhu ’alayhi wa
sallam used to have dealings with them,
speaking to them, calling them to Allâh and encouraging them to enter
Islâm. Furthermore, when he sallallâhu ’alayhi wa sallam died, his
armour was held in pledge by a Jew for some food which he bought for his
family. Then when the tribe of an-Nadhîr acted treacherously he
sallallâhu ’alayhi wa sallam banished them from al-Madînah. And when
Quraydhah broke their treaty; supporting the Unbelievers of Makkah on the
Day of al-Ahzâb in fighting against the Prophet sallallâhu
’alayhi wa sallam - then the Prophet
sallallâhu ’alayhi wa sallam fought them, killing the combatants from
them and taking their women and children captive - after Sa’d Ibn Mu’âdh -
radiallâhu ’anhu - was appointed judge in their matter and gave
that judgement. The Prophet sallallâhu ’alayhi wa sallam informed
that his judgement had indeed agreed with the judgement of Allâh from
above the seven heavens. Likewise was the case with the Muslims from the
Companions and those who came after them, it occurred many times that
peace treaties were established between them and the kâfirs -
Christians and others - but that never meant that they had affection, love
or friendship with them, as He - the Most Perfect
- says:
‘‘Indeed, you will find the strongest amongst people in enmity to the
Believers to be the Jews and the polytheists.’’ [Sűratul-Mâ‘idah
5:82]
He
- the Most Perfect - says:
‘‘Indeed, there is for you an excellent example in Ibrâhîm, and those
with him; when they said to their people: Verily we are free from you
and what you worship besides Allâh. We have rejected you, and there has
started between us and yourselves enmity and hatred forever - unless you
truly have îmân (faith) in Allâh and worship Him alone.’’
[Sűratul-Mumtahinah 60:4]
And He - the Most Perfect - says:
‘‘O you who Believe! Do not take the Jews and Christians as intimate
friends and protectors, they are but intimate friends and protectors to
each other. And whosoever turns to them for this, is surely one of them.
Indeed Allâh does not guide a people who are wrong-doers.’’ [Sűratul-Mâ‘idah
5:51]
And He - the Mighty and Majestic - says:
‘‘You will not find any people who believe in Allâh and the Last Day
loving those who oppose Allâh and His Messenger, even though they be
their fathers, their sons, their brothers or their relatives.’’ [Sűratul-Mujâdilah
58:22]
And the âyahs with this meaning are many.
The fact that a peace treaty with the kâfirs - be they Jews or
other than them - if it is called in order to attain benefit or because of
need, then this does not mean affection or love for them, nor friendship
and allegiance with them. Thus, when sallallâhu ’alayhi wa sallam
conquered Khaybar, he established a peace treaty with the Jews of Khaybar
on the basis that they would take care of the palm trees and crops
belonging to the Muslims and half the produce would then be for them and
the other half for the Muslims. So they continued upon that in Khaybar and
he sallallâhu ’alayhi wa sallam did not lay down any time limit,
rather he sallallâhu ’alayhi wa sallam said: ‘‘We will leave you
upon that for as long as we wish,’’ and in another narration: ‘‘We will
leave you upon it for as long as Allâh leaves you upon it.’’ So they
continued upon this until ’Umar - radiallâhu ’anhu - banished them.
And it is related that ’Abdullâh Ibn Rawâhah - radiallâhu ’anhu -
that when he estimated the amount due to them for one year, they said: You
have estimated unjustly. So he - radiallâhu ’anhu - said: ‘‘By
Allâh! My hatred for you and my love for the Muslims does not lead me to
treat you unjustly. So if you wish you may take the share that I have
estimated for you, and if you wish then we will take that share.’’ [3]
So
all of this shows that peace treaties and truces do not necessitate love,
friendship and affection for the enemies of Allâh - as is thought by some
of those who have little knowledge of the pure Sharî’ah rulings.
Therefore, it will be clear to the questioner and others, that peace with
the Jews - or other disbelievers - does not mean that we change
educational curricula, nor any other dealings relating to loving and
friendship and allegiance - and it is Allâh who grants success.
[Q.2]: Does an
unrestricted peace treaty with the enemy mean that we concede to them
Palestine - the land of the Muslims which they have seized. And that it
has now become a permanent land, by right, for the Jews due to the
agreement made by the United Nations - which represent the nations of the
earth. Then the United Nations will seek to punish any nation which tries
to restore this land, or fight the Jews who are in it.
[A.2]: The peace between
the leader of the Muslims in Palestine and the Jews does not mean that the
Jews will permanently own the lands which they now possess. Rather, it
only means that they would be in possession of it for a period of time
until either the truce comes to an end, or until the Muslims become strong
enough to force them out of the Muslim lands - in the case of an
unrestricted peace. Likewise, it is obligatory, when we have the ability,
to fight the Jews until they enter into Islâm or give the jizyah (a
tax levied tram those who are permitted to live under the protection of a
Muslim state) in servility. [4]
The same applies to the Christians and the Magians, as Allâh - the Most
Perfect - says in Sűratut-Tawbah [9:29]:
‘‘Fight against those who do not believe in Allâh and the Last Day,
nor forbid that which has been forbidden by Allâh and His Messenger, nor
acknowledge Islâm, the religion of truth, from amongst the People of the
Book (i.e. the Jews and Christians), until they pay the
jizyah with willing submission and feel themselves subdued.’’
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It
is also established in the Sahîh of al-Bukhârî that he
sallallâhu ’alayhi wa sallam took the jizyah from the Magians.
Therefore they have the same ruling as the Ahlul-Kitâb (the People
of the Book) with regards only to the jizyah - if they do not
accept Islâm. However, as for the allowance of their food and their
women, then that is particular only to Ahlul- Kitâb, as is stated
in the text of the Book of Allâh - the Most Perfect - in Sűratul-Mâ‘idah
[5:55]. And al-Hâfidh Ibn Kathîr (d.771H) - rahimahullâh - states
what we have said relating to the peace treaty in tafsîr
(explanation) of the saying of Allâh - the Most High - in
Sűratul-Anfâl [8:61]:
‘‘But if they incline to peace, then you also incline to it, and put
your trust in Allâh. Indeed He is the all-Hearer, the all-Knower.’’
[Q.3]: Is it permissible
to build upon the peace treaty with the Jewish enemy by allowing them what
is termed normalization of relations; and allowing them to take economic
benefit from the Islâmic lands and other spheres which will give them
great benefit and increase their strength and establish them further upon
the Islâmic lands which they have misappropriated; and the Muslims can
open their markets for them to sell their goods, and that they must open
economic foundations - such as banks and businesses in which the Jews have
a share along with the Muslims, and that they must likewise share the
water sources such as the Nile and the Euphrates - even though they do not
flow through Palestine?
[A.3]: The peace between
the Palestinian Liberation Organization and the Jews does not necessitate
what the questioner mentioned with regards to the rest of the countries.
Rather, each country sees what is beneficial So if it sees that it is
beneficial for the Muslims in its land to have peace with the Jews and to
exchange ambassadors and to engage in trade and other dealings which are
considered lawful by the pure Sharî’ah of Allâh, then this is
alright. However, if it sees that the benefit for it and its people lies
in cutting-off from the Jews, then it should act as the Sharî’ah
requires and benefit necessitates Likewise, with regard to all the rest of
the kâfir lands - their ruling being the same as the Jews in this
matter. So what is obligatory upon everyone who is in charge of the
affairs of the Muslims -whether he is a king, and Amîr or a
President of a Republic: - is that he takes care of what is beneficial to
his people and allows what will be beneficial to them, from those matters
which Allâh has not forbidden in His pure Sharî’ah, and that he
prevents other than that with any kâfir state, acting upon the
saying of Allâh - the Mighty and Majestic:
‘‘Indeed, Allâh does command you to render back the trusts to those
to whom they are due.’’ [Sűratul-Mâ‘idah 5:58]
‘‘So if they incline to peace, then you too incline to peace.’’ [Sűratul-Anfâl
8:61]
And following also the example of the sallallâhu ’alayhi wa sallam
in the peace treaties he made with the people of Makkah, and the Jews in
al-Madînah and in Khaybar. And he sallallâhu ’alayhi wa sallam said
in an authentic hadîth: ‘‘Each one of you is a responsible
guardian and each one of you will be asked about those he is responsible
for. So the ruler over the people is a responsible guardian and will be
questioned concerning those he is responsible for; and the man is the
responsible guardian over the people of his house and will be questioned
about those he is responsible for, and the woman is the responsible
guardian in the house of her husband and will be questioned about those
she is responsible for; and the slave is a responsible guardian over the
wealth of his owner and will be questioned about his responsibility.
Indeed, each of you is a responsible guardian and will be questioned about
what he is responsible for.’’ [5]
And Allâh - the Mighty and Majestic - says in His Noble Book:
‘‘O you who Believe! Do not betray Allâh and His Messenger, nor
knowingly betray those things that have been entrusted to you.’’ [Sűratul-Anfâl
8:27]
So
all of this is with regards to when one is unable to fight the
disbelievers, or unable to make them give the jizyah, if they are
from Ahlul-Kitâb. However, when one does have the power to fight
Jihâd against them, then what is required is to call them to enter
into Islâm, or be killed, or to pay the jizyah - if they are from
its people. In this case it is not permissible to seek peace with them,
nor to abandon fighting and the jizyah. Rather, seeking peace is
allowed when there is a need or necessity; when you are unable to fight
them or enforce the jizyah upon them - if they are from its people,
as Allâh - the Most Perfect, the Most High - says in the âyah
that has already preceded:
‘‘Fight against those who do not believe in Allâh and the Last day,
nor forbid that which has been forbidden by Allâh and His Messenger, nor
acknowledge Islâm, the religion of truth, from amongst the People of the
Book (i.e. the Jews and Christians), until they pay the
jizyah with willing submission and feel themselves subdued.’’ [Sűratut-Tawbah
9:29]
‘‘And fight them on until there is no more fitnah and the
Religion is made purely for Allâh.’’ [Sűratul-Anfâl 8:39]
And the action of the Prophet sallallâhu ’alayhi wa sallam with the
People of Makkah on the day of Hudaybiyyah; and on the day of the
Conquest; and also with the Jews when he came to al-Madînah shows what we
have said. We ask Allâh to guide the Muslims and to grant them every
good; and that He puts their affairs in a good state, granting them
knowledge and understanding of the Religion. And that He places the best
of them in charge of them, correcting their leaders and helping them to
fight Jihâd against the enemies of Allâh in the way that is
pleasing to Him. Indeed He is the One to grant that, and the One having
full power over it. And may Allâh’s praises and blessings be upon our
Prophet Muhammad and upon his Family, Companions and followers.
References
1.
The following questions and answers are taken
from at-Tawhîd magazine (vol. 23; no. 10), which were a further
clarification by the Shaykh - hafidhahullâh - about the original
set of questions concerning the Peace Treaty with the Jews, which first
occurred in al-Musliműn magazine (21st Rajab 1415H).
2. Related by al-Bukhârî (13/318) and Muslim
(no.1716).
3. Compare this with the saying of Hasan al-Bannâ
- as occurs in at-Tarîq ilal-Jamâ’atil-Umm (p. l32) - that he said
at a party gathering: ‘The movement of al-Ikhwân is not directed
against any ’aqîdah (beliefs) from the differing ’aqîdahs,
nor any religion from the various religions, nor any of the differing
groups and parties. Al-Ikhwânul-Musliműn do not hate the foreigners
(i.e. the non-Arabs) who settle in the Arabic and Islâmic lands, and they
do not hold any evil towards them - even the Jews who live in the land.
Rather, there is nothing between us and them except good relations.’’
4. However, it occurs in
Hadîthul-Jarîdur-Râyatil-Qatariyyah (no. 4696), that Yűsuf al-Qaradâwî
- one of the leaders of the present-day modernist movement - said:
‘‘Indeed we do not fight the Jews due to ’aqîdah, but rather
because of land!’’
5. Related by al-Bukhârî (13/100) and Muslim
(no.1829).
The Reality of
Victory
It has been related in
al-’Iqdul-Farîd (l/40) that ’Umar wrote to Sa’d ibn Abî Waqqâs -
radiallâhu ’anhumâ saying: “To proceed: I command you and the
armies with you to have taqwâ (fear and obedience) of Allâh in
every condition, because taqwâ of Allâh is the best preparation
against the enemy, and the strongest plan in war. I order you, and those
with you, to be more careful in guarding against sins then you are careful
with regards to the enemy. Indeed, sins are to be feared
more to an army than their enemy. Indeed, the Muslims are only given
victory due to their enemy’s disobedience to Allâh - otherwise we would
have no power over them, since our numbers are not like their numbers
and our material preparation is not like theirs. So if we are both the
same in
in sin, then they have excellence over us due to their strength. So if we
do
not gain victory over them due to our excellence, then we will not
overcome them with our strength. And know that when travelling abut,
that Allâh has placed guardians for you who know what you do, so feel
shy before them, and do not do actions of disobedience to Allâh whilst
you are proceeding in the path of Allâh. Do not also say: our enemies are
worse than us, so they will not be able to defeat us - since it sometimes
happens that Allâh causes a people to be subdued by a people who are
worse than them - just as the Children of Isrâ‘îl, when they did actions
which brought about Allâh’s Anger, were conquered by the unbelieving
Magians: they slaughtered them even in the innermost recesses of their
houses, and this was a promise fulfilled. And ask Allâh for help against
your own souls, just as you ask Allâh for help against your enemies.”
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