No announcement yet.

The Peace process and the Islamic Hukm!

  • Filter
  • Time
  • Show
Clear All
new posts

    The Peace process and the Islamic Hukm!


    The Peace process and the Islamic Hukm

    The Peace process in Palestine, which has been ongoing for the past 25 years has been sidelined due to the uprising which began late last year, 2001. What is important for the Muslims to understand is the nature of the peace proposed for Palestine. Allah reminds the Muslims in the Qur’an, “Glory to (Allah) Who did take His servant for a night journey from the Sacred Mosque (Masjid al-Haram) to the Farthest Mosque (Masjid al-Aqsa), whose precincts We did bless.” [TMQ 17:1]

    A principle in al Usool states that ‘there is no ijtihad on clear cut texts’. Therefore, there is no place whatsoever for interpretation or having an opinion about any text in the Qur’an that has a clear-cut meaning. As regarding the Islamic verdict about disbelievers who occupy Muslim land, (i.e. Palestine), specified by conclusive and clear cut text, Allah (swt) ordered us in the Qur’an:

    “O you who believe, fight in the way of Allah those who fight you, and do not transgress. Allah does not like transgressors” [TMQ 2:190],

    and Allah (swt) says, “Whoever commits aggression against you, attack him back in a like manner, and fear Allah” [TMQ 2:194].

    The Messenger Muhammad (saw) said, “Whosoever dies defending his land dies a shahid (martyr).”

    Furthermore, Islam forbids us to befriend them or show them any favour so as long they are occupying Muslim land. Allah (swt) says:

    “Allah does not forbid you with regard to those who do not fight you over (your) Deen, nor drive you out of your home land, from dealing kindly and being righteous to them, for Allah loves those who are righteous. Do not ally and be good to those who fight you for your belief and throw you from your home land and those who assist them. Allah forbids you from doing that” [TMQ 60:8-9].

    As regarding cease-fire treaties with the enemy (non-Muslims) who occupy Muslim land, it is known from Islam by necessity that we must fight them and there is no dispute about this. However, regarding a cease-fire treaty with enemies who occupy Muslim land, these are not allowed except if four conditions, which are agreed upon by the four main schools of thought, are met and these conditions are as follows:

    1. The contractor on behalf of the Muslims is the Khaleefah or his representative.

    Bukhari, Muslim, Abu Dawud and Tirmidhi reported on the authority of Abdullah lbnu Umar that the Messenger of Allah (saw) said: “Each one of you is a guardian, and each one will be questioned about those he is responsible for.” Also, if we look to the time of the Messenger (saw), we find that he was the only one who contracted treaties. It was the Messenger (saw) who declared war on Quraysh, and on Banu Qurayzah, Banu Nazir, Banu Qaynuqa’, Khaybar and the Byzantines. Therefore, the treaties which are contracted by current illegitimate leaders, or the leaders of any group, be they nationalist or Islamic, or anybody else, have no right to be part of any treaty with disbelievers who occupy Muslim land

    2. The subject of the contract must be based on Islam and nothing else because Allah says, “But no, by your Lord, they will not believe (in truth) until they make you judge of what is in dispute between them and find within themselves no dislike of what you decide, and submit with full submission.” [TMQ 4:65] And the Prophet (SAW) said, “Any shart (condition or stipulation of a contract) not in the Book of Allah is batil (invalid and worthless).” (Al-Tabarani in Al-Mu‘jam al-Kabir, and Al-Suyuti authenticated it in his book al-Jami‘ al-Saghir volume 2 page 77). The Messenger (saw) rebuked people who laid down conditions that contradicted the Shariah law, and the Messenger (saw) said, “What is the matter with those people who lay down conditions that are not from the Book of Allah? Any condition not in the Book of Allah is batil, even if there are a hundred of them. The judgment of Allah is the Truth, and the condition from Allah is Firm.” (Al-San‘ani, in Subl al-Salam, volume 3 page 10, with the wording of Bukhari). Therefore, any treaty that contains any condition not valid in Islam, such as giving non-Muslims rights over Muslim land etc, is clearly batil.

    3. The treaty must have a limited time period, because the treaty of Hudaybiyyah was limited to ten years, and Allah (SWT) said, after telling the Muslims to have a treaty with the disbelievers for four months, “So fulfill your treaty with them till the end of their term, for Allah loves those who fear Him. But when the forbidden months are past, then fight and slay the pagans wherever you find them.” [TMQ 9:4-5]. After the Messenger (saw) conquered Makkah, he gave the various disbelievers four months, but in the treaty of Hudaybiyyah he gave them ten years (refer to the Seerah of Ibn Hisham). The scholars say that this means that Muslims in a strong position can have a truce with the disbelievers for a maximum of four months and in a weak position a maximum of ten years.

    4. The treaty must secure the interests of Islam and the Muslim Ummah, which are defined by the Shariah

    If any of these conditions are not met, the treaty is Batil. If we attempt to fit our current rulers into the four conditions above, they do not fulfill none of the conditions, for they are not the representatives of the Ummah, or the Khaleefah or his delegate; making peace with the Jews is not part of Islam; our rulers wish to make the peace not limited by time; and finally, it cannot be that a Muslim would think that this is in the interest of the Muslims.

    Subsequently, it is well known that peace with Israel is haram, and that only the rulers in the Muslim lands seek to legitimise it, and make it acceptable to the Muslims. May Allah save us from this, Ameen

    by brother
    Dawud Abdur Rahman

    muhammed kauser


    with muslims being killed in palestine and some calling for peace, and the situation getting worse we must know full well that peace with Israel is haram.


      The holy qur'an has informed us what we should expect from the jews:

      [al-Ma'idah 5:82.18] Thou wilt find the most vehement of mankind in hostility to those who believe (to be) the Jews and the idolaters.

      [al-Baqarah 2:120.3] And the Jews will not be pleased with thee, nor will the Christians, till thou follow their creed. Say: Lo! the guidance of Allah (Himself) is Guidance. And if thou shouldst follow their desires after the knowledge which hath come unto thee, then wouldst thou have from Allah no protecting guardian nor helper.


        Imagine that if Israel was a muslim country tormenting the jews, and that there were 50 + jewish states in the world, what would they do to the muslims ?

        Its sad that at our OIC meetings, the most we can muster up is a plea to the US to stop Israel. How sad is that ?

        These meetings just have a bunch of sheiks who like kissing each other on the cheeks, yet it is our Palestianian brothers and sisters who are being slaughtered on a daily basis.

        It hurts to much to watch such scenes.



          Good point brother, I have seen in other threads that the discussion about the dance floor collapse is about what a shame what a human catastrophe, I say what about our brothers and sisters being killed by these very people and what about Macedonia and Iraq, whilst we worry about the enemies of Allah dying.

          Muhammed kauser