al akiti fatwa on martyrdom

8112019 Al Akiti Fatwa on Martyrdom

httpslidepdfcomreaderfullal-akiti-fatwa-on-martyrdom 153

Shaykh Muhammad Afifi al-Akiti

Defending the Transgressed

by Censuring the Reckless

against the Killing of Civilians

$amp ()+ -amp 012345 67 8 9 lt=

Mud fi al-Ma l m bi-Radd al-Muhmil

al Qit l Man L Yuqtil

introduction by

Shaykh Gibril Haddad





o







[ Mud fi al-Ma l m bi-Radd al-Muhmil

al Qit l Man L Yuqtil ]

FATWA

against the targeting of civilians

introduction

by


copy 2005 Shaykh Muhammad Afifi al-Akiti

Published by

Warda PublicationsGermany

wwwwardainfoamp Aqsa Press

United Kingdom

wwwaqsapublicationscom

TYPESET BY ABD AL-HAFIDH WENTZEL



CONTENTS

DEFENDING THE TRANSGRESSED BY CENSURING THE

RECKLESS AGAINST THE KILLING OF CIVILIANS

Introduction by Shaykh Gibril Haddad

Glossary

Defending the Transgressed by Censuring theReckless against the Killing of Civilians $

Initial Question

Excerpt from an Article by a Group called ldquoal-Muhajirounrdquo

Shaykh Muhammad Afifi al-Akitirsquos Fatwa

Fa$l I ampe Target Maqt l (

Fa$l II ampe Authority mir al-Qit l

Fa$l III ampe Method Maqt l bih )

amp$il

Masrsquoil Mufa$$ala +(

Tatimma )$

Select Bibliography $+

5





AIntroduction

In the Name of God the All-Beneficent the Most Merciful

Gentle reader Peace upon those who follow right guidanceI am honored to present the following fatwa or ldquoresponse by a qualifiedMuslim Scholarrdquo against the killing of civilians by the Oxford-basedMalaysian jurist of the Shfi- School and my inestimable teacher

Shaykh Muhammad Afifi al-Akiti titled Defending the Transgressed by Censuring the Reckless against the Killing of Civilians

ampe Shaykh authored it in a few days aer I asked him to o er someguidance on the issue of targeting civilians and civilian centers by sui-cide bombing in response to a pseudo- fatwa by a deviant UK-basedgroup which advocates such crimes

Upon reading Shaykh Afifirsquos fatwa do not be surprised to find thatyou have probably never before seen such clarity of thought and

expression together with breadth of knowledge of Islamic Law applied(by a non-native speaker) to define key Islamic concepts pertaining tothe conduct of war and its jurisprudence its arena and boundariessuicide bombing the reckless targeting of civilians and more

May it bode the best start to true education on the impeccable posi-tion of Islam squarely against terrorism in anticipation of the day all itsculprits are brought to justice

Dear Muslim reader as-Sal mu alaykum wa-ramatuLl h

Read this luminous Fatwa by Shaykh Muhammad Afifi al-Akiti carefully and learn it Distribute it publicize it and teach it Perhaps we will becounted among those who do something to redress wrong not only with our hearts as we always do but also with our tongues in thefashion of the inspired teachers and preachers of truth

I have tried to strike the keynote of this Fatwa in a few lines of freeverse mostly to express my thanks to our Teacher but also to seize theopportunity of such a long-expected response to remind myself of thereasons why I embraced Islam in the first place

7



A TAQR Z ndash HUMBLE COMMENDATION

Praise to God Whose Law shines brighter than the sun

Blessings and peace on him who leads to the abode of peace

Truth restores honor to the Religion of goodness

Patient endurance li ( s the oppressed to the heights

While gnarling mayhem separates like with like

)e innocent victims on the one hand and on the other

Silver-tongued devils and wolves who try to pass for just

My God I thank You for a Teacher You inspired

With words of light to face down Dajjlrsquos advocates

All h bless you Ust dh Afifi for Defending the Transgressed

By Censuring the Reckless Against the Killing of Civilians

Let the powers that be and every actor-speaker high and low

Heed this unique Fatwa of knowledge and responsibility

Let every lover of truth proclaim with pride once moreWhat the war-mongers try to bury under lies and bombs

Islam is peace and truth the Rule of Law justice and right

Murderous suicide is never martyrdom but rather perversion

Just as no flag on earth can ever justify oppression

And may God save us from all criminals East and West

8



By permission of Shaykh Afifi I have done some very light editing

having to do mostly with style spelling or punctuation such as stand-ardizing spacing between paragraphs providing in-text translations of acouple of Arabic supplications adding quotation marks to mark outtextual citations and so forth

I also provided the following alphabetical glossary of arabic terms notalready glossed by the Shaykh directly in the text

May Allh Subnahu wa-Tal save Shaykh Muhammad Afifi hereand hereaer may He reward him and his teachers for this blessed work

and grant us its much-needed benefits not least of which the redress of our actions and beliefs for safety here and hereaer

Blessings and peace on the Prophet his Family and all his Companionswal-amp amdu liLl hi Rabb al- lam n

GF HaddadDay of Jumua aer A0r

1 Rajab al-1aram 14265 August 2005

Brunei Darussalam

INTRODUCTION

9





Glossary

ahl = [1] people [2] qualified adherents or practicionersaql = intellect reason

Ad th al-Akm = 2ad-thic proof-texts for legal rulings

amal = deed action

a$l = see u$l

yt al-Akm = Qurrsquonic proof-texts for legal rulings

bb = chapter or legal subject

Ban dam = human beings

+bi = see + awbi

+ ar ra = necessity

+ awbi = pl of +bi = standard or principal rule

Doctor Angelicus = ampe Angelic Scholar a title given to ampomas Aquinasthe great theologian of the Western Church

d = summoner or preacher

duny = this world this life

f rsquoida = benefit

faq h = see fiqh

far + ayn = personal obligation

far + kif ya = communal obligation

far = adj from far see fur

fa$l = see fu$l

fatw = legal opinion legal response

fiqh = Islamic jurisprudence the expertise of the faq h adj fiqh = legal

fitna = strife temptation seduction delusion chaos trial and tribulation fi ra = sane mind and soul primordial disposition

fuqahrsquo = pl of faq h (qv)

fur = pl of far [1] branches (of the Law) secondary legal texts[2] corollaries corollary legal principles

fu$l = pl of fa$l = sections or legal particulars

amp ad th = a saying of the Prophet Mu2ammad upon whom blessings and peace

al l = lawful permitted

11



ar m = categorically prohibited unlawful

$il = legal outcomeukm [shar ] = legal status legal ruling

Ibl-s = Satan

I sn = Excellence the pinnacle of religious practice

Ijm = Consensus

ijtihd = independent judgement personal decision

in$ f = fairness setting things right

J hil = lit ignorant a pre-Islamic or pagan Arab

Jama = the Orthodox Community Jaml al-Shuhadrsquo = ampe Beauty of Martyrs the title of the murdered vizier

Ni3m al-Mulk

Jihd = moral or military struggle by the mujhid

khil f = (juridical) disagreement

khil fiyya = fem adjective from khil f = having to do with (juridical) disagreement

madhhab = school of Law

makr h = detestable abhorrent abominable disliked legally o ensivemaq$id = pl of maq$ad objective or ends

maq$ad = see maq$id

masrsquoil = pl of masrsquoala = question or legal discussion or case

masrsquoil mufa$$ala = detailed questions and answers

masrsquoala = see masrsquoil

ma$laa = welfare publicgeneral good

mub = indi erently permissible

mufassir = exegete

mu ( = one who formulates fatws or formal legal responses

Muaqqiq = ampe Careful Examiner a title given to Imm al-Kurd-one of the last great jurists of our School

mujhid = one who does jihd (qv)

mukallaf = legally-responsible Muslim

mushraka = mutual or reciprocal matter

DEFENDING THE CIVILIANS

12



nafs = ego self

nasa = faithful sincere adviceqa+ y = pl of qa+ iyya = issue or legal context

q+ = judge in an Islamic court of law

qida = see qawid

qtil nafsah = self-killer suicide

qawid = pl of qida = maxim or legal principle

qawl = saying or legal position

qit l = warfare battle

sabab al-wujd = raison detre$abr = patient endurance and fortitude

-ab = Companionof theProphetMu2ammaduponwhomblessingsand peace

Salaf = Pious Predecessors early authorities

shah d pl shuhad rsquo = self-sacrificing believer who dies for the sake of God alone ldquomartyrrdquo

shar = adj legitimate in the eyes of the Shar a (Islamic Law) lawful legal

siyar = military expeditions

sunna = way path

sra = a chapter of the Qurrsquon

T bi = Successor of the Companions

tafakkur = reflection

taf $ l = detailed legal discussion

tahluka = self-destruction

taghr r bil-nafs = risking onersquos life

tatimma = conclusiontawakkul = reliance upon God

thawbit = pl of thbit = axiom

Umma = the Muslim Community at large

u$l = pl of a$l = foundational principle adj usl

wahm = imaginative faculty or emotions

wasrsquoil = pl of was la means

was la = see wasrsquoil

GLOSSARY

13








Fatwa

according to

the Madhhab of Imm Shfi

by






Initial Question

If you have time to address this delicate issue for the benefit of thismercied Umma which is reeling in fitna day in and day out perhaps afew blessed words might use a refutation of the following text as aspringboard

I would like you to read the following article which highlights someof the problems we are facing and [shows] why it is quite possible thatyoung Muslims turn to extremism ampe article was issued by ldquo Al-

Muhajirounrdquo not long ago headed by Omar Bakri Mohammed andwhatever our reservations about the man it is the content I am moreconcerned about and it is possibly these types of writings which need tobe confronted head-on

Excerpt from an article by a group called ldquoal-Muhajirounrdquo

AQD UL AMAAN THE COVENANT OF SECURITYThe Muslims living in the west are living under a covenant of securityit is not allowed for them to ght anyone with whom they have a

covenant of security abiding by the covenant of security is animportant obligation upon all Muslims However for those Muslimsliving abroad they are not under any covenant with the ku r in thewest so it is acceptable for them to attack the non-Muslims in thewest whether in retaliation for constant bombing and murder takingplace all over the Muslim world at the hands of the non-Muslims or if it an o ensive attack in order to release the Muslims from thecaptivity of the ku r For them attacks such as the September 11th

Hijackings is a viable option in jihd even though for the Muslimsliving in America who are under covenant it is not allowed to dooperations similar to those done by the magnicent 19 on the 911This article speaks about the covenant and what the scholars have saidregarding Al Aqd Al Amaan - the covenant of security []

17




$amp

($amp

)amp

+amp - amp ) 01 2 amp 3 4 - amp 5 4 2 67 89$ lt = amp7 gt amp7 A B C D E F

Gamp H amp I 01 J K L M N B Gamp OPK C B Qamp R+ 4 S TL 4 U E VH 7 I H S T7 4$ 4 W E VH 7 I B C XYK

Z[7

Z+E]MK7

Z^ [In the name of God the Merciful and Compassionate Praise be toGod Who sets the boundaries of war and does not lovetransgressors Blessings and peace on the General of the Com-munity the most patient of men in the face of the harm of enemies with perfect chivalry and complete manliness and uponall his Family Companions and Army]

ampis is a collection of masrsquoil entitled Mud fi al-Ma l $m bi-Radd al- Muhmil al Qit l Man L Yuqtil [Defending the Transgressed by Censuring the Reckless against the Killing of Civilians] written in re-

sponse to the fitna reeling this mercied Umma day in and day outwhich is partly caused by those who wilfully or not misunderstand thelegal discussions of the chapter on warfare outside its proper context (of which the technical fiqh terminology varies with bb siyar jihd orqit l ) which have been used by them to justify their wrong actions May Allh open our eyes to the true meaning [aq qa] of $abr and to the factthat only through it can we successfully endure the struggles we face inthis duny especially during our darkest hours for indeed He is with

those who patiently endure tribulationsampere is no khil f that all the Shfi- fuqahrsquo of today and other Sunni

specialists in the Sacred Law from the Far East to the Middle East rejectoutright [mard d ] the above opinion and consider it not only ananomaly [shdhdh] and very weak [whin] but also completely wrong[b il ] and a misguided innovation [bid a + al la] the amal cannot atall be adopted by any mukallaf It is regrettable too that the above waswritten in a legal style at which any doctor of the Law should be

18



horrified and appalled (since it is an immature yet persuasive attempt to

mask a misguided personal opinion with authority from fiqh and ane ort to hijack our Law by invoking one of the many qa+ ya of this bbwhile recklessly neglecting others) It should serve to remind thestudents of fiqh of the importance of the forming in onersquos mind andbeing aware throughout of the thawbit and the + awbi when reading a

fur text in order to ensure that those principal rules have not beenbreached in any given legal case

ampe above opinion is problematic in three legal particulars [ fu$l ]

(1)the target [maqt l ] without doubt civilians

(2)the authority for carrying out the killing [mir al-qit l ] as no Muslimauthority has declared war or if there has been such a declarationthere is at the time a ceasefire [hudna] and

(3)the way in which the killing is carried out [maqt l bih] since it iseither ar m and is also cursed as it is suicide [qtil nafsah] or at thevery least doubtful [shubuht ] in a way such that it must be avoidedby those who are religiously scrupulous [wara] Any sane Muslimwho would believe otherwise and think the above to be not a crime[ jin ya] would be both reckless [muhmil ] and deluded [maghr r ]Instead whether he realizes it or not by doing so he would behijacking rules from our Law which are meant for the conventional(or authorized) army of a Muslim state and addressed to those withauthority over it (such as the executive leaders the military com-manders and so forth) but not to individuals who are not connectedto the military or those without the political authority of the state

[dawla]

ampe result in Islamic jurisprudence is if a Muslim carries out such anattack voluntarily he becomes a murderer and not a martyr or a heroand he will be punished for that in the Next World

SHAYKH MUHAMMAD AFIFI AL-AKITIrsquoS FATWA

19



Fal I$e Target Maqt $l

ampe proposition ldquoso it is acceptable for them to attack the non-Muslimsin the westrdquo where ldquonon-Muslimsrdquo can be taken to mean and indeeddoes mean in the document non-combatants civilians or in the termi-nology of fiqh those who are not engaged in direct combat [man l

yuqtilu]

ampis opinion violates a well known principal rule [+bi ] from our Law

ampLV _ Èa 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k

86[It is not permissible to kill their (ie the opponentsrsquo) women andchildren if they are not in direct combat]

ampis is based on the Prophetic prohibition on soldiers from killingwomen and children from the well known 1ad-th of Ibn Umar (may Allh be pleased with them both) related by Imms Mlik al-Shfi-A2mad al-Bukhr- Muslim Ibn M jah Ab4 Dw 4d al-Tirmidh- al-Bayhaq- and al-Baghaw - (may Allh be well pleased with them all) and

other 1ad-thsImm al-Subk - (may Allh be pleased with him) made it unequivocally clear what scholars have understood from this prohibition in which thestandard rule of engagement taken from it is that ldquo[a Muslim soldier]may not kill any women or any child-soldiers unless they are in combatdirectly and they can only be killed in self-defencerdquo [al-Nawaw -

Majm 2157]It goes without saying that men and innocent bystanders who are not

direct combatants are also included in this prohibition ampe nature of this prohibition is so specific and well-defined that there can be no legal justification nor can there be a legitimate shar excuse for circum-venting this convention of war by targeting non-combatants or civilianswhatsoever and that the ukm shar of killing them is not only ar mbut also a Major Sin [Kab ra] and contravenes one of the principal com-mandments of our way of life

20



Fal II $e Authority ampmir al-Qit l

ampe proposition ldquoso it is acceptable for them to attack the non-Muslimsin the west whether in retaliation for constant bombing and murdertaking place all over the Muslim world at the hands of the non-Muslimsrdquo where it implies that a state of war exist with this particularnon-Muslim state on account of its being perceived as the aggressor

ampis opinion violates the most basic rules of engagement from our Law

lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp

4$ e H 8K[ampe question of declaring war (or not) is entrusted to the executive

authority and to its decision compliance with that decision is thesubjectrsquos duty with respect to what the authority has deemedappropriate in that matter]

and

vEaamp7 xyzamp

X+ uE|

SHK

7K

SAEHs7[ampe executive or its subordinate authority has the option of whetheror not to declare war]

Decisions of this kind for each Muslim state such as those questionsdealing with ceasefire [aqd al-hudna] peace settlement [aqd al-amn]and the judgment on prisoners of war [al-ikht r f as r ] can only be dealtwith by the executive or political authority [imm] or by a subordinateauthority appointed by the former authority [am r mansbin min jihatil-imm] ampis is something Muslims take for granted from the authority

of our naql [scriptures] such that none will reject it except those whobetray their aql [intellect] ampe most basic legal reason [illa a$l yya] isthat this matter is one that involves the public interest and thusconsideration of it belongs solely to the authority

Ego $ 8 ~bullE+ 4AEHsamp 3euro 8 sbquoamp I T HEamp ƒEgtltamp H 8$HGamp amp1J

xbdquoG

21



All of this is based on the well known legal principle [qida]

I]VgtltE+ uhellipLbullH I T _ B T$amp CB _AEHsamp 4dagger 3 8Dagger 8 `[ampe decisions of the authority on behalf of the subjects aredependent upon the public good]

and

mrEg6 XVV T 8 Gamp permilE+L7 4AEHsamp iRo

[So the authority must act for the greatest advantage of (all of) theMuslims in making its judgement]

Nas(a Uppermost in the minds of the authority during their deli-beration over whether or not to wage war should be the awareness thatwar is only a means and not the end Hence if there are other ways of achieving the aim and the highest aim is the right to practice ourreligion openly (as is indeed the case in modern day Spain for exampleunlike in medieval Reconquista Spain) then it is better [awl ] not to go

to war ampis has been expressed in a few words by Imm al-Zarkash-(may Allh be pleased with him)

_MEaltamp 6

_iFEŠLamp 49L7 Z 4 +L7[Its necessity is the necessity of means not ends]

ampe upshot is whether one likes it or not the decision and discretionand right to declare war or jihd for Muslims lie solely with the various

authorities as represented today by the respective Muslim states ndash andnot with any individual even if he is a scholar or a soldier (and not justanyone is a soldier or a scholar) ndash in the same way that an authority (such as the q+ in a court of law makama) is the only one with theright to excommunicate or declare someone an apostate [murtadd ]Otherwise the killing would be extra-judicial and unauthorized


22



Even during the period of the Ottoman caliphate for example another

Muslim authority elsewhere such as in the Indian subcontinent couldhave been engaged in a war when at the same time the Khal farsquos army was at peace with the same enemy ampis is how it has been throughoutour long history and this is how it will always be and this is the reality on the ground


23



Fal III$e Method Maqt $l bih

ampe proposition ldquoattacks such as the September 11th Hijackings is aviable option in jihd rdquo where such attacks employ tactics ndash analogous tothe Japanese kamikaze missions during the Second World War ndash thathave been described variously as self-sacrificing or martyrdom orsuicide missions

ampere is no question among scholars and there is no khil f on thisquestion by any q+ mu ( or faq h that this proposition and those whoaccept it are without doubt breaching the scholarly consensus [mukh-lifun lil-Ijm] of the Muslims since it resulted in the killing of non-combatants moreover the proposition is an attempt to legitimize thekilling of indisputable non-combatants

As for the kamikaze method and tactic in which it was carried outthere is a di erence of opinion with some jurists as to whether or not itconstitutes suicide which is not only ar m but also cursed In thisthere are further details (Note that in all of the following cases it isalready assumed that the target is legitimate ndash ie a valid military target ndash and that the action is carried out during a valid war when there

is no ceasefire [ f l al-arb wa-l hudnata f h] just as with the actualcircumstance of the Japanese kamikaze attacks)

Taf l I If the attack involves a bomb placed on the body or placed soclose to the bomber that when the bomber detonates it the bomber iscertain [ yaq n] to die then the More Correct Position [Qawl A$a]according to us is that it does constitute suicide ampis is because thebomber being also the maqt l [the one killed] is unquestionably thesame as the qtil [the immediate and active agent that kills] = qtil nafsah [self-killing ie suicide]

Fur $ If the attack involves a bomb (such as the lobbing of a grenadeand the like) but the attacker thinks that when it is detonated it is un-certain [ ann] whether he will die in the process or survive the attackthen the Correct Position [Qawl -a] is that this does not constitutesuicide and were he to die in this selfless act he becomes what we pro-perly call a martyr or hero [shah d ] ampis is because the attacker were heto die is not the active willing agent of his own death since the qtil isprobably someone else

24



An example [$ra] of this is when in its right place and circumstance

such as in the midst of an ongoing fierce battle against an opponentrsquosmilitary unit whether ordered by his commanding o icer or whetherowing to his own initiative the soldier makes a lone charge and as a re-sult of that initiative manages to turn the tide of the dayrsquos battle but diesin the process (and not intentionally at his own hand) ampat soldier diedas a hero (and this circumstance is precisely the context of becoming ashah d ndash in Islamic terminology ndash as he died selflessly) If he survives hewins a Medal of Honour or at the least becomes an honoured war heroand is remembered as a famous patriot (in our terminology becoming a

true mujhid )ampis is precisely the context of the masrsquoala concerning the ldquolone chargerrdquo[al-h jim al-wa d ] and the meaning of putting onersquos life in danger [al-taghr r bil-nafs] found in all of the fiqh chapters concerning warfare ampeUmmarsquos Doctor Angelicus Imm al-Ghazl- (may Allh be pleased withhim) provides the best impartial summation

If it is said What is the meaning of the words of the Most High

)_I 8 z 4 V e g T amp 8t_c e 4 z= _ e = 8lsaquo _ + ampL 4 a e V 4 ` 86 87(

and do not throw into destruction by your own hands (al-Baqara 2195)

We say ampere is no di erence [of opinion amongst scholars] regard-ing the lone Muslim [soldier] who charges into the battle-lines of the[opposing] non-Muslim [army that is presently in a state of war withhis army and is facing them in a battle] and fights [them] even if he

knows that he will almost certainly be killed ampe case might bethought to go against the requirements of the Verse but that is notso Indeed Ibn Abbs (may Allh be well pleased with both of them) says [the meaning of] ldquodestructionrdquo is not that [incident]Instead [its meaning] is to neglect providing [adequate] supplies[nafaqa for the military campaign and in the modern context thestate should provide the arms and equipment and so forth for thatfor which all of this is done] in obedience to God [as in the first partof the Verse which says


25



(_Z x Vamp _i _ f 8 Š

_Œ

ampL 4 a _ R e h 8K 87) And spend for the sake of God (al-Baqara 2195)] ampat is those whofail to do that will destroy themselves [In another -ab authority]al-Barrsquo ibn 5zib [al-An0r- (may Allh be well pleased with themboth)] says [the meaning of] ldquodestructionrdquo is [a Muslim] committinga sin and then saying lsquomy repentance will not be acceptedrsquo [A T bi authority] Ab4 Ubayda says it [the meaning of ldquodestructionrdquo ] is tocommit a sin and then not perform a good deed aer it before heperishes [Ponder over this]

In the same way that it is permissible [for the Muslim soldier inthe incident above] to fight the non-Muslim [army] until he is killed[in the process] that [extent and consequence] is also permissible forhim [ie the enforcer of the Law since the rsquoid (antecedent) heregoes back to the original pronoun (+ am r al-a$l ) for this bb themutasib or enforcer such as the police] in [matters of] law enforcement [isba]

However [note the following qualification (qayd )] were he toknow [ ann ] that his charge will not cause harm to the non-Muslim[army] such as the blind or the weak throwing himself into the[hostile] battle-lines then it is prohibited [ar m] and [this latterincident] is included under the general meaning [umm] of ldquodestructionrdquo from the Verse [for in this case he will be literally throwing himself into destruction]

It is only permissible for him to advance [and su er the conse-quences] if he knows that he will be able to fight [e ectively] until heis killed or knows that he will be able to demoralize the hearts and

minds of the non-Muslim [army] by their witnessing his courageand by their conviction that the rest of the Muslim [army] are [also]selfless [qilla al-mubla] in their loyalty to sacrifice for the sake of God [the closest modern non-Muslim parallel would be lsquoto die foronersquos countryrsquo] By this their will to fight [shawka] will becomedemoralized [and so this may cause panic and rout them andthereby be the cause of their battle-lines to collapse] [al-Ghazl-Ihyrsquo 2315-6]


26



It is clear that this selfless deed which any modern soldier Muslim or

non-Muslim might perform in battle today is not suicide It may hyper-bolically be described as a lsquosuicidalrsquo attack but to endanger onersquos life isone thing and to commit suicide during the attack is obviously anotherAnd as the passage shows it is possible to have both situations anattack that is taghr r bil-nafs which is not prohibited and an attack thatis of the tahluka-type which is prohibited

Taf l II If the attack involves ramming a vehicle into a military targetand the attacker is certain to die precisely like the historical Japanesekamikaze missions then our jurists have disagreed over whether it doesor does not constitute suicide

Qawl A ampose who consider it a suicide argue that there is the possi-bility [ ann ] that the maqt l is the same as the qtil (as in Taf $ l I above)and would therefore not allow for any other qualification whatsoeversince suicide is a cursed sin

Qawl B Whereas those who consider otherwise even with the possi-bility that the maqt l is the same as the qtil will allow some other

qualification such as the possibility that by carrying it out the battle of the day could be won ampere are further details in this alternativeposition such as that the commanding o icer does not have the right tocommand anyone under him to perform this dangerous mission so thatwere it to be sanctioned it could only be when it is not under anyoneelsersquos orders and is the lone initiative of the concerned soldier (such asin defiance of the standing orders of his commanding o icer)

ampe first of the two positions is the Preferred Position [muttajih] among

our jurists as the second is the rarer because of the vagueness of a pre-cedent and its legal details are fraught with further di iculties andambiguities and its opposing position [muqbil ] carries such a weighty consequence (namely that of suicide for which there is Ijm that theone who commits suicide will be damned to committing it eternally forever)


27



In addition to this juristic preference the first position is also preferable

and better since it is the original or starting state [a$l ] and by invokingthe well-known and accepted legal principle

5 8 ] 8 e 4 H

dagger _ Žamp 8 _ H

47$ 4 Žamp[To avoid controversy is preferable]

Finally the first position is religiously safer since owing to the ambiguity itself of the legal status of the person performing the act ndash whether itwill result in the maqt l being also the qtil ndash and since there is doubtand uncertainty over the possibility of its either being or not being thecase then this position falls under the type of doubtful matters[shubuht ] of the kind [naw] that should be avoided by those who arereligiously scrupulous [wara] And here the wisdom of our wiseProphet (may Allhrsquos blessings and peace be upon him) is illuminatedfrom the 1ad-th of al-Numn (may Allh be well pleased with him)

_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp

_lsquoE 8 g 4 f 3 [amp

rsquo 8 a T àmp _ 8 8 o

[He who saves himself from doubtful matters will save his religionand his honour] (Related by A2mad al-Bukhr- Muslim al-Tirmidh- Ibn M jh al-6abarn- and al-Bayhaq- with variants)

Wa-Ll hu alam bi$-$awb [God knows best what is right]

F rsquoida ampe original ruling [al-a$l ] for using a bomb (the medievalprecedents Greek fire [qit l bil-nr or ramy al-naf ] and catapults

[manjan q]) as a weapon is that it is makr h [o

ensive] because it killsindiscriminately [ yaummu man yuqtil wa-man l yuqtil ] asopposed to using rifles (medieval example a single bow and arrow) If the indiscriminate weapon is used in a place where there are civilians itbecomes ar m except when used as a last resort [min + ar ra] (and of course by those military personnel authorized to do so)


28



)il

From the consideration of the foregoing three legal particulars it is evi-dent that the opinion expressed regarding the amal in the above articleis untenable by the standards of our Sacred Law

As to those who may still be persuaded by it and suppose that theaction is something that can be excused on the pretext that there isscholarly khil f on the details of Taf $ l II from Fa$l III above (and thattherefore the amal itself could at the end of the day be accommodatedby invoking the guiding principle that one should be flexible with re-gards to legal controversies [masrsquoil khil fiyya] and agree to disagree)know then there is no khil f among scholars that that rationale does notstand since it is well known that

ZVB 4ldquo 8 e rdquo 4 amp $zbull 4 = nhc7

Zo 4y 8 V 8 e 4 ltamp

4$ 8 z e bull 4 = 6[ampe controversial cannot be denied only (breach of) the unanimouscan be denied]

Since at the very least it is agreed upon by all that killing non-comba-

tants is prohibited there is no question whatsoever that the amal overall is outlawed

ampe qida which is expressed very tersely above means understoodcorrectly that an action about which there is khil f may be excusedwhile an action that contravenes Ijm is categorically rejected

29



Masrsquoil Mufaala

Question I

If it is said ldquoI have heard that Islam says the killing of civilians isallowed if they are non-Muslimsrdquo

We say On a joking note (but ponder over this so your hearts may beopened) the authority is not with what Islam says but with what Allh(Exalted is He) and His Messenger (may His blessings and peace beupon him) have said

But seriously the answer is absolutely no for even a novice student of fiqh would be able to see that the first +bi above concerns already anon-Muslim opponent in the case of a state of war having been validly declared by a Muslim authority against a particular non-Muslim enemyeven when that civilian is a subject or in the care [dhimma] of thehostile non-Muslim state [Dr al-amp arb] If this is the extent of the limi-tation to be observed with regards to non-Muslim civilians associatedwith a declared enemy force what higher standard will it be in cases if itis not a valid war or when the status of war becomes ambiguous Keepin mind that there are more than 100 Verses in the Qurrsquon commandingus at all times to be patient in the face of humiliation and to turn away from violence [al-ir + ani l-mushrik n wa$-$abr al adh al-ad rsquo ]while there is only one famous Verse in which war (which does not lastforever) becomes an option (in our modern context for a particularMuslim authority and not an individual) when a particular non-Muslimforce has drawn first blood

Question IIIf it is said ldquoWhat about the verse of the Qurrsquon which says kill theunbelievers wherever you find them and the $a 2ad-th which says lsquoIhave been ordered to fight against the people until they testifyrsquordquo

We say It is well known among scholars that the following verse

)e 4 JL 4 3 ndash 8 87

4mdash e 8 8X _ U _ e 4 ltamp ampL 4 V 4 e DE 8 o(

30



kill the idolaters wherever you find them (al-Tawba 95) is in reference

to a historical episode those among the Meccan Confederates whobreached the Treaty of 1udaybiyya [Sul al-amp udaybiyya] which led tothe Victory of Mecca [Fat Makka] and that therefore no legal rulingsor in other words no practical or particular implications can be derivedfrom this Verse on its own ampe Divine Irony and indeed Providencefrom the last part of the Verse wherever you find them ndash which many of our mufassir s understood in reference to place (ie attack themwhether inside the Sacred Precinct or not) ndash is that the victory againstthe Meccans happened without a single battle taking place whether

inside the Sacred Precinct or otherwise rather there was a general am-nesty [wa-mannun alayhi bi-takhliyati sab lihi or nah an sa i d-dimrsquo ]for the J hil Arabs there Had the Verse not been subject to a historicalcontext then you should know that it is of the general type [mm] andthat it will therefore be subject to specification [takh$$] by some otherindication [dal l ] Its e ect in lay terms were it not related to the J hil Arabs is that it can only refer to a case during a valid war when there isno ceasefire

Among the well known exegeses of ldquoal-mushrik nrdquo from this Verseare lsquoan-nkith na kh$$atanrsquo [specifically those who have breached (theTreaty)] [al-Nawaw - al-Jw - Tafs r 1331] lsquoal-ladh na yuribnakumrsquo[those who have declared war against you] [Q7- Ibn Arab- Akm al-Qurrsquo n 2889] and lsquokh$$an f mushrik l-arabi d na ghayrihimrsquo[specifically the J hil Arabs and not anyone else] [al-Jasss Akm al-Qurrsquo n 381]

As for the meaning of ldquopeoplerdquo [al-ns] in the above well-related1ad-th it is confirmed by Ijm that it refers to the same ldquomushrik nrdquo as

in the Verse of S4ra al-Tawba above and therefore what is meant thereis only the J hil Arabs [mushrik l-arab] during the closing days of theFinal Messenger and the early years of the Righteous Caliphs and noteven to any other non-Muslims

In sum we are not in a perpetual state of war with non-Muslims On thecontrary the original legal status [al-a$l ] is a state of peace and makinga decision to change this status belongs only to a Muslim authority whowill in the Next World answer for their ijtihd and decision and this

MAS rsquoIL MUFA$$ ALA

31



decision is not divinely charged to any individuals ndash not even soldiers or

scholars ndash and to believe otherwise would go against the well-knownrule in our Law that a Muslim authority could seek help from a non-Muslim with certain conditions including for example that the non-Muslim allies are of goodwill towards the Muslims

permilIbull Z 4 h 8bdquoLz` bdquolsaquoU

Shellip7˜+ 6c XU˜+ X= 6Question III

If it is said ldquoI have heard a scholar say that lsquoIsraeli women are not likewomen in our society because they are militarisedrsquo By implication thismeans that they fall into the category of women who fight and that thismakes them legitimate targets but only in the case of Palestinerdquo

We say No properly schooled jurists from any of the Four Schoolswould say this as a legal judgement if they faithfully followed the

juridical processes of the orthodox Schools relating to this bb for if it istrue that the scholar made such a statement and meant it in the way yoursquove implied then not only does this violate the well-known principalrule above (Fa$l I ldquoIt is not permissible to kill their women and childrenif they are not in direct combatrdquo) but the supposed remarks also show alack of sophistication in the legal particulars If this is the case then ithas to be said here that this is not among the masrsquoil khil fiyya aboutwhich one can a ord to agree to disagree since it is outright wrong by the principles and the rules from our u$l and fur

Let us restate the +bi again as our jurists have succinctly summa-rized its rule of engagement a soldier can only attack a female or (if

applicable) child soldier (or a male civilian) in self-defence and only when she herself (and not someone else from her army) is engaged indirect combat (As for male soldiers it goes without saying that they areconsidered combatants as soon as they arrive on the battlefield even if they are not in direct combat ndash provided of course that the remainingconventions of war have been observed throughout and that all this isduring a valid war when there is no ceasefire)


32



Not only is this strict rule of engagement already made clear in our

secondary legal texts but this is also obvious from the linguistic analysisof the primary proof-texts used to derive this principal rule Hence theform of the verb used in the scriptures ldquoyuqtilurdquo is of the mushraka-type so that the verb denotes a direct or a personal or a reciprocal rela-tionship between two agents the minimum for which is one of themmaking an e ort or attempt to act upon the other ampe immediate legalimplication here is that one of the two can only even be considered alegitimate target when there is a reciprocal or direct relationship

In reality [wqi] this is not what happens on the ground (since the

bombing missions are o ensive in nature ndash they are not targeting forexample a force that is attacking an immediate Muslim force but ratherthe attack is directed at an overtly non-military target so the personcarrying it out can only be described as attacking it ndash and the target issomeone unknown until only seconds before the mission reaches itstermination)

In short even if these women are soldiers they can only be attackedwhen they are in direct combat and not otherwise In any case there are

other overriding particulars to be considered and various conditions tobe observed throughout namely that it must be during a valid state of war when there is no ceasefire

Question IV

If it is said ldquoWhen a bomber blows himself up he is not directing theattack towards civilians On the contrary the attack is designed to targeto -duty soldiers (which I was told did not mean reservists since mostIsraelis are technically reservists) ampe innocent civilians are unfortunate

collateral damage in the targeting of soldiersrdquo

We say ampere are two details here

Taf l A O -duty soldiers are treated as civilians

Our jurists agree that during a valid war when there is no ceasefire andwhen an attack is not aimed at a valid military target a hostile soldier(whether male or female whether conscripted or not) who is not on op-erational duty or not wearing a military uniform and when there is


33



nothing in the soldierrsquos outward appearance to suggest that the soldier is

in combat then the soldier is considered a non-combatant [man l yu-qtilu] (and in this case must therefore be treated as a normal civilian)A valid military target is limited to either a battlefield [maall al-

maraka or saat al-qit l ] or a military base [muaskar medieval exam-ples are citadels or forts modern examples are barracks military depotsetc] and certainly never can anything else such as a restaurant a hotela public bus the area around a tra ic light or any other public place beconsidered a valid military target since firstly these are not places andbases from which an attack would normally originate [maall al-rarsquoy]

secondly because there is certain knowledge [ yaq n] that there isintermingling [ikhtil ] with non-combatants and thirdly the non-combatants have not been given the option to leave the place

As for when the soldiers are on the battlefield the normal rules of engagement apply

As for when the soldiers are in a barracks or the like there is furtherdiscussion on whether the soldiers become a legitimate target and theQawl A$a [the More Correct Position] according to our jurists is thatthey do albeit to attack them there is makr h

Taf l B Non-combatants cannot at all be considered collateral damageexcept at a valid military target for which they may be so deemed de-pending on certain extenuating circumstances

ampere is no khil f that non-combatants or civilians cannot at all beconsidered collateral damage at a non-military target in a war zone andthat their deaths are not excusable by our Law and that the one whoends up killing one of them will be sinful as in the case of murder eventhough the soldier who is found guilty of it would be excused from theordinary capital punishment [add ] unless the killing was found to bepremeditated and deliberate

T-amp 5 _ L 4 ` SIgt+ rsquo`K 7KIf not the murdererrsquos punishment in this case would instead be subjectto the authorityrsquos discretion [taz r ] and he would in any case be liableto pay the relevant compensation [diya]


34



As for a valid military target in a war zone the Shfi- School have

historically considered the possibility of collateral damage unlike theposition held by others that it is unqualifiedly outlawed ampe followingare the conditions stipulated for allowing this controversial exception(in addition to meeting the most important condition of them all thatthis takes place during a valid war when there is no ceasefire)

(1)ampe target is a valid military target

(2)ampe attack is as a last resort [min + ar ra] (such as when thecivilians have been warned to leave the place and aer a period of

siege has elapsed)

iÈa 4 = 8 H

x6c 8i 4 a= bdquoK jLk 6 ZhG i e 8 aE+ _Q e 8 famp ifD _amp1hsamp 49L7(3)ampere are no Muslim civilians or prisoners

(4)ampe decision to attack the target is based on a considered judgement of the executive or military leader that by doing sothere is a good chance that the battle would be won

(Furthermore this position is subject to khil f among our jurists withregard to whether the military target can be a Jewish or Christian [ Ahl al-Kit b] one since the sole primary text that is invoked to allow thisexception concerns an incident restricted to the same ldquomushrik nrdquo as inthe Verse of S4ra al-Tawba in Question II above)

To neglect intentionally any of these strict conditions is analogous tonot fulfilling the conditions [shur ] for a prayer [$al t ] with the outndashcome that it becomes invalidated [b il ] and useless [ fasd ]

ampis is why the means of an act [amal ] must be correct and validatedaccording to the rule of Law in order for its outcome to be sound andaccepted as expressed succinctly in the following wisdom of Imm IbnA8 Allh (may Allh sanctify his soul)

Z 4 =Ed tradeDšK Z 4 =amp+ etrade 8 D 8 ešK 8 H[He who makes good his beginning will make good his ending]


35



In our Law the ends can never justify the means except when the means

are in themselves permissible or mub (and not ar m) as is madeclear in the following famous legal principle

uIgtH

Igtltamp

4IVŠ77

uIBEp

I 8 BE T rsaquoamp 4I 8 V e _ Š 87[ampe means to a reward is itself a reward and the means to a sin isitself a sin]

Hence even a simple act such as opening a window which on its own isonly mub or al l religiously entailing no reward nor being a sin

when a son does it with the intention of his motherrsquos comfort on a hotsummerrsquos day before she asks for it to be opened the originally non-consequent act itself becomes mand b [recommended] and the son isrewarded in his amal -account for the Next World and acquires thepleasure of Allh

WaLl hu alam wa-akm bi$-$awb [God knows and judges best whatis right]

Question V

If it is said ldquoIn a classic manual of Islamic Sacred Law I read that lsquoit iso ensive to conduct a military expedition [ ghazw] against hostile non-Muslims without the caliphrsquos permission (though if there is no caliph nopermission is required)rsquo Doesnrsquot this entail that though it is makr h foranyone else to call for or initiate such a jihd it is permissiblerdquo

We say

rEgwamp

Œ

6c 8 87 eq 8 œ

6[ampere can be no battle except during a war]

Secondary legal texts just as with primary proof-texts (a single Verse of the Qurrsquon from among the relatively few yt al-Akm or a 1ad-thfrom among the limited number of Ad th al-Akm) must be readand understood in context ampe conclusion drawn that it is o ensive orpermissible for anyone other than those in authority to declare orinitiate a war is evidently wrong since it violates the principal rule of engagement discussed in Fa$l II above


36



ampe context is that of endangering onersquos life [taghr r bi-nafs] when there

is already a valid war with no ceasefire as seen in the above examplefrom the I yrsquo passage but certainly not in executive matters of the kindof proclaiming a war and the like ampis is also obvious from the termi-nology used a ghazw [a military act assault foray or raid the minimumlimit in a modern example an attack by a squad or a platoon (kat ba)]can take place only when there is a state of jihd [war] not otherwise

F rsquoida Imm Ibn 1ajar (may Allh be pleased with him) lists theorganizational structure of an army as follows a bath [unit] and several

such together a kat ba [platoon] which is a part of a sariyya [companymade up of 50-100 soldiers] which is in turn a part of a mansar [regiment up to 800 soldiers] which is a part of a jaysh [division up to4000 soldiers] which is a part of a ja fal [army corps exceeding 4000soldiers] which makes up the jaysh a m [army] [Ibn 1ajar Tu fat 124]

In our School it is o ensive but not completely prohibited for a soldierto defy or in other words to take the initiative against the wishes of his

direct authority whether his unit is strong or otherwise In the moderncontext this may include cases when soldier(s) disagree with a par-ticular decision or strategy adopted by their superior o icers whetherduring a battle or otherwise

ampe accompanying commentary to the text you quoted will helpclarify this for you

[Original Text] It is o ensive to conduct an assault [whether theunit is strong (mana) or otherwise and some have defined a strongforce as 10 men] without the permission of the authority ([Com-mentary] or his subordinate because the assault depends on theneeds [of the battle and the like] and the authority is more awareabout them It is not prohibited [to go without his permission] (if)there is no grave endangering of onersquos life even when that ispermissible in war) [Ibn Barak t Fay+ 2309]


37



Question VI

If it is said ldquoWhat is the meaning of the rule in fiqh that I always hearthat jihd is a far + kif ya [communal obligation] and when the Dr al-Isl m is invaded or occupied it is a far + ayn [personal obligation] How do we apply this in the context of a modern Muslim state such asEgyptrdquo

We say It is far + kif ya for the eligible Muslim subjects of the state inthe sense that recruitment to the military is only voluntary when thestate declares war with a non-Muslim state (as for non-Muslim subjects

they evidently are not religiously obligated but can still serve) It be-comes a far + ayn for any able-bodied Muslim when there is a con-scription or a nationwide dra to the military if the state is invaded by ahostile non-Muslim force but only until the hostile force is repelled orthe Muslim authority calls for a ceasefire As for those not in themilitary they have the option to defend themselves if attacked even if they have to resort to throwing stones and using sticks

EgtB 7K SErdquo]+ L7 mLDEpK SQ x0lsaquo+Fur $ When it is not possible to prepare for war [and rally the army forwar (ijtim li-arb) and a surprise attack by a hostile force completely defeats the army of the state and the entire state becomes occupied] andsomeone [at home for example] is faced with the choice of whether tosurrender or to fight [such as when the hostile force comes knocking atthe door] then he may fight Or he may surrender provided that heknows [with certainty] that if he resisted [arrest] he would be killed andthat [his] wife would be safe from being raped [ f isha] if she were

taken If not [that is to say even if he surrenders he knows he will bekilled and his wife raped when taken] then [as a last resort] fighting[ jihd ] becomes personally obligatory for him [al-Bakr- I nat 4197]

Reflect upon this legal ruling of our Religion and the emphasis placedupon preserving human life and upon the wisdom of resorting toviolence only when it is absolutely necessary and in its proper place andwitness the conjunction between the maq$id and the wasrsquoil and themeaning of the conditions when fighting actually becomes a far + aynfor an individual


38



Question VII

If it is said today ldquoIn the [Shfi-] madhhab what are the di erentclassifications of lands in the world For example Dr al-Isl m Dr al-Kufr and so forth and what have the classical ulema said their attributesarerdquo

We say As it is also from empirical fact [tajriba] Muslim scholars haveclassified the territories in this world into Dr al-Isl m [its synonymsBil d al-Isl m or Dawla Isl miyya a Muslim state or territory or land orcountry etc] and Dr al-Kufr [a non-Muslim state territory etc]

ampe definition of a Muslim state is ldquoany place at which a resident Mus-lim is capable of defending himself against hostile forces [arbiyyn] fora period of time is a Muslim state where his judgements can be appliedat that time and those times following itrdquo [Baalaw - Bughyat 254] Anon-Muslim who resides in a Muslim state is in our terminology k fir dhimm or al-k fir bi-dhimmati l-muslim [a non-Muslim in the care of aMuslim state]

By definition an area is a Muslim state as long as Muslims continueto live there and the political and executive authority is Muslim (ampink about this for the Muslim lands are many varied wide and extensiveand how poor and of limited insight are those who have tried to limitthe definition of what a Muslim state must be and whether realizing itor not thus try to shrink the Muslim world)

As for a non-Muslim state it is the absence of a Muslim state

As for Dr al-amp arb [sometimes called Ar + al- Adw] it is a non-Muslimstate which is in a state of war with a Muslim state amperefore a hostile

non-Muslim soldier from there is known in our books as k fir arb Fur $ Even if such a person enters or resides in a Muslim country thatis in a state of war with his home country provided of course he does sowith the permission of the Muslim authority (such as entering with avalid visa and the like) the sanctity of a k fir arb rsquo s life is protected by Law just like the rest of the Muslim and non-Muslim subjects of thestate [al-Kurd- Fat w 211-2] In this case his legal status becomes ak fir arb bi-dhimmati l-imm [a hostile non-Muslim under the pro-


39



tection of the Muslim authority] and for all intents and purposes he

becomes exactly like the non-Muslim subjects of the state In this waythe apparent di erence between a dhimm and a arb non-Muslimbecomes only an academic exercise and a distinction in name only

ampe implications of this rule for the pious God-fearing and Law-abiding Muslims are not only that to attack non-Muslims becomessomething illegal and an act of disobedience [ma$iya] but also that thesteps taken by the Muslim authority and enforcers such as in Malaysiaor Indonesia today to protect their places including churches ortemples from the threat of killings and bombings are included under

the bb of amr bi-mar f wa-nahy ani l-munkar [the duty to intervenewhen another is acting wrongly in the modern context enforcing theLaw] even if the Muslim enforcers [mutasib] die in the course of protecting non-Muslims

Question VIII

If it is said ldquoWhat land classification are we in the European Union andwhat is the ukm of those who are here Should they theoretically leaverdquo

We say It is clear that the countries in the Union are non-Muslim statesexcept for Turkey or Bosnia for example if they are a part of the Unionampe status of the Muslims who reside and are born in non-Muslim statesis the reverse of the above non-Muslim status in a Muslim state al-mus-lim bi-dhimmati l-k fir [a Muslim in the care of a non-Muslim state] andfrom our own Muslim and religious perspective whether we like it ornot there are similarities to the status of a guest which should not beforgotten

ampere is precedent for this status in our Law ampe answer to yourquestion is that they should as a practical matter remain in thesecountries and if applicable learn to cure the schizophrenic culturalcondition in which they may find themselves ndash whether of torn identity in their souls or of dissociation from the general society If they cannotdo so but find instead that their surroundings are incompatible with thelife they feel they must lead then it is recommended for them to leaveand reside in a Muslim state ampis status is made clear in the fatw of the

Muaqqiq Imm al-Kurd- (may Allh be pleased with him)


40



He (may the mercy of Allh ndash Exalted is He ndash be upon him) was

asked In a territory ruled by non-Muslims they have le

the Mus-lims [in peace] other than that they pay tax [ml ] every year just likethe jizya-tax in reverse for when the Muslims pay them their pro-tection is ensured and the non-Muslims do not oppose them [ie donot interfere with them] ampereupon Islam becomes practiced open-ly and our Law is established [meaning that they have the freedomto practice their religious duty in the open and in e ect becomepracticing Muslims in that non-Muslim society] If the Muslims donot pay them the non-Muslims could massacre them by killing or

pillage Is it permissible to pay them the tax [and thereby becomeresidents there] If you say it is permissible what is the ruling aboutthe non-Muslims mentioned above when they are at war [with aMuslim state] would it or would it not be permissible to opposethem and if possible take their money Please give us your opinion

ampe answer

Insofar as it is possible for Muslims to practice their religion openly with what they can have power over and they are not afraid of any threat [ fitna] to their religion if they pay tax to the non-Muslims it ispermissible for them to reside there It is also permissible to pay them the tax as a requirement of it [residence] rather it is obligatory [w jib] to pay them the tax for fear of their causing harm to theMuslims ampe ruling about the non-Muslims at war as mentionedabove because they protect the Muslims [in their territory] is that itwould not be permissible for the Muslims to murder them or to stealfrom them [al-Kurd- Fat w 208]

ampe +bi for this masrsquoala is

Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7

Zbull=r[If someone is able to practice his religion openly and is not afraid of threat to his religion life and property then emigration is not obliga-tory for him]


41



Fur $ Our Shfi- jurists have discussed details concerning the case of

Muslims residing in a non-Muslim state and they have divided the legalrulings about their emigration from it to a Muslim state into four sorts(assuming that an individual is capable and has the means to emigrate)

1 amp ar m it is prohibited for them to leave when they are able to de-fend their territory from a hostile non-Muslim force or withdraw from it (as in the case of a border state bu er area or disputedterritory) and do not need to ask for help from a Muslim state ampereason is that their place of residence is already technically

[ukman] a lsquoMuslim statersquo even though not in name [$ratan] sincethey are able to practice their religion openly even though thepolitical or executive authority is not Muslim and if they emigratedit would cease to be so ampis falls under the fiqh classification of Dr Kufr -ratan L amp ukman which is equivalent to Dr Isl m amp ukmanL -ratan

2 Makr h it is o ensive to leave their place of residence when it ispossible for them to practice their religion openly and they wish to

do so openly3 Mand b leaving becomes recommended only when it is possible for

them to practice their religion openly but they do not wish to do so

4 W jib it becomes obligatory to leave when it is the only remainingoption that is when practicing their religion openly is not possibleA legal precedent is the case aer the Reconquista in Spain (which isno longer the case today) when the Five Pillars of the Faith wereactively proscribed so that for example the Muslim houses were re-

quired to keep their doors open aer sunset during the fastingmonth of Rama7n in order that the authority could see that therewas no breaking of the fast


42



Question IX

If it is said ldquoWould you say that in the modern age with all the consider-ations surrounding sovereignty and inter-connectedness these classicallabels do not apply any longer or do we have su icient resources in theSchool to continue using these same labelsrdquo

We say As Imm al-Ghazl- used to say

sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o

rsquobullltamp 8dagger _$ 4 B

amp 8P_c

[Once the real meaning is understood there is no need to quibbleover names]

Labels can never be relied upon it is the meaning behind them thatmust be properly understood Once they are unpacked they immedi-ately become relevant for all times just as with the following loadedterms jihd mujhid and shah d ampe result for Muslims who fail tonotice the relevance and fail to connect the dots of our own inheritedmedieval terms with the modern world may be that they will live in a

schizophrenic cultural reality and will be unable to associate themselveswith the surrounding society and will not be at peace [sukn] with therest of creation Just as the sabab al-wujd of this article is a Muslimrsquosmisunderstanding of his own medieval terminology from a long andrich legacy the fitna in the world today has been the result of those whomisunderstand our Law


43



Pay heed to the words of Mawln R 4m- (may Allh sanctify his

secrets)Go beyond names and look at the qualities so that they may show

you the way to the essence

e disagreement of people takes place because of names Peaceoccurs when they go to the real meaning

Every war and every con 1047298 ict between human beings has happened because of some disagreement about names

Itrsquos such an unnecessary foolishness because just beyond the arguing therersquos a long table of companionship set and waiting for us to sit down

End of the masrsquoil section

o


44



Tatimma

It is truly sad that despite our sophisticated and elaborate set of rules of engagement and in spite of the strict codes of warfare and the chival-rous disciplines which our soldiers are expected to observe all havingbeen thoroughly worked out and codified by the orthodox jurists of theUmma from among the generations of the Salaf there are today in ourmidst those who are not ashamed to depart from these sacred con-ventions in favour of opinions espoused by persons who are not eventrained in the Sacred Law at all let alone enough to be a q+ or a faq h ndashthe rightful heir and source from which they should receive practicalguidance in the first place Instead they rely on engineers or scientistsand on those who are not among its ahl yet speak in the name of ourLaw With these ldquoreformistrdquo preachers and d s comes a departure fromthe traditional ideas about the rules of siyar jihd qit l ie warfare Dothey not realize that by doing so and by following them they will beignoring the limitations and restrictions cherished and protected by ourpious forefathers and that they will be turning their backs on the Jamaand Ijm and that they will be engaging in an act for which there is no

accepted legal precedent within orthodoxy in our entire history Havethey forgotten that part of the original maq$ad of warfare jihd was tolimit warfare itself and that warfare for Muslims is not total war so thatwomen children and innocent bystanders are not to be killed andproperty not to be needlessly destroyed

To put it plainly there is simply no legal precedent in the history of Sunni Islam for the tactic of attacking civilians and overtly non-military targets Yet the awful reality today is that a minority of Sunni Muslimswhether in Iraq or Beslan or elsewhere have perpetrated such acts in

the name of jihd and on behalf of the Umma Perhaps the first suchmission to break this long and admirable precedent was the Hamasbombing on a public bus in Jerusalem in 1994 ndash not that long ago(Reflect on this)

Immediately aer the incident the almost unanimous response of theorthodox Shfi- jurists from the Far East and the Hadramawt was notonly to make clear that the minimum legal position from our SacredLaw is untenable for persons who carry out such acts but also to warn

45



the Umma that by going down that path we would be compromising the

optimum way of I sn and that we would thereby be running a real risk of losing the moral and religious high ground ampose who still defendthis tactic invoking blindly a nebulous u$l principle that it is justifiableout of + ar ra while ignoring the far strictures must look long andhard at what they are doing and ask the question was it absolutely neces-sary and if so why was this not done before 1994 and especially duringthe earlier wars most of all during the disasters of 1948 and 1967

How could such a tactic be condoned by one of our Rightly GuidedCaliphs and a heroic fighter such as Al- (may Allh ennoble his face)

who when in the Battle of the Trench his notorious non-Muslimopponent who was seconds away from being killed by him spat on hisnoble face immediately le him alone When asked later his reasons forwithdrawing when Allh clearly gave him power over him he answeredldquoI was fighting for the sake of God and when he spat in my face I fearedthat if I killed him it would have been out of revenge and spiterdquo Farfrom being an act of cowardice this characterizes Muslim chivalryfighting yet not out of anger

In actual fact the only precedent for this tactic from Muslim history is the cowardly terrorism carried out by the ldquoAssassinsrdquo of the Nizr-

Ism-l-s ampeir most famous victim from a suicide mission was the wiseminister and the Defender of the Faith who could have been alive todeal with the fitna of the Crusades Ni3m al-Mulk the Jaml al-Shuhadrsquo (may Allh encompass him with His mercy) assasinated onampursday the 10th of the holy month of Rama7n 485 or October 14th1092

Ironically in the case of Palestine the precedent was set not by

Muslims but by early Zionist terrorist gangs such as the Irgun who forexample infamously bombed the King David Hotel in Jerusalem on22nd July 1946 So ask yourself as an upright and God-fearing believerwhose every organ will be interrogated do you really want to follow thefootsteps and the models of those Zionists and the heterodox Ism-l-sinstead of the path taken by our Beloved (may Allhrsquos blessings andpeace be upon him) who for almost half of the (twenty-three) years of his mission endured Meccan persecution humiliation and insults Is


46



anger your only strength If so remember the Prophetic advice that it is

from the Devil And is + ar ra your only excuse for following theminstead into their condemned lizard-holes Do you think that any of ourfamous mujhid s from history such as Al- 9al2 al-D-n and Mu2am-mad al-Fti2 (may Allh be well pleased with them all) will ever con-done the article you quoted and these acts today in Baghdad JerusalemCairo Bali Casablanca Beslan Madrid London and New York some of them committed on days when it is traditionally forbidden by our Law to fight Dh4 l-Qada and al-1ijja Mu2arram and Rajab Every personof fi ra will see that this is nothing other than a sunna of perversion

ampis is what happens to the Ban4 Adam when the wahm is aban-doned by aql when one of the maq$id justifies any was la when therealities of fur are indiscriminately overruled by generalities of u$l and most tragically as illustrated from the eternal blunder of Ibl-s whenDivine tawakkul is replaced by basic nafs

Yes we are one Umma such that when one part of the macro-body isattacked somewhere another part inevitably feels the pain Yet at thesame time our own history has shown that we have also been a wise

and sensible instead of a reactive and impulsive Umma ampat is thesecret of our success and that is where our strengths will always lie ashas been promised by Divine Writ in $abr and in tawakkul It is already common knowledge that when Jerusalem fell to the Crusading forces onthe 15th of July 1099 and was occupied by them and despite its civilianshaving been raped killed tortured and plundered and the Umma at thetime humiliated and insulted ndash acts far worse than what can be imag-ined in todayrsquos occupation ndash that it took more than 100 years of patience and legitimate struggle under the Eye of the Almighty beforeHe allowed 9al2 al-D-n to liberate Jerusalem We should have beentaught from childhood by our fathers and mothers about the need toprioritize and about how to reconcile the spheres of our global concernswith those of our local responsibilities ndash as we will definitely not escapethe questioning in the grave about the latter ndash so that by this insight wemay hope that our response will not be disproportionate nor inappro-priate ampis is the true meaning [aq qa] of the true advice [na$a] of our Beloved Prophet (may Allhrsquos blessings and peace be upon him) to

TATIMMA

47



leave what does not concern one [tark ma l yan h] where onersquos time

and energy could be better spent in improving the lot of the Muslimstoday or benefiting others in this world

Yes we will naturally feel the pain when any of our brothers and sistersdie unjustly anywhere when their deaths have been caused directly by non-Muslims but it must be the more painful for us when they die inIraq for example when their deaths are caused directly by the self-destroyingmartyrdomsuicide missions carried out by one of our ownOn tafakkur the second pain should make us realize that missions of this sort when the means and the legal particulars are all wrong ndash by scripture and reason ndash are not only a scourge for our non-Muslimneighbours but a plague and great fitna for this mercied Umma anddesire in$ f so that out of ma$laa and the general good it must bestopped

To this end we could sum up a point of law tersely in the followingmaxim

E iexcl a 8 8_centE T poundamp

_bdquo 8n e V 3 ~amp 4i 8 e 8 k

86[Two wrongs do not make the second one right]

If the first pain becomes one of the mitigating factors and ends up beingused as a justification by our misguided young to retaliate in a mannerwhich our Sacred Law definitely and without doubt outlaws (whichmakes your original article the more appalling as its author will havepassed the special age of 40) then the latter pain should by its graversignificance generate a greater and more meaningful response With thisintention we may hope that we shall regain our former high ground and

reputation and rediscover our honour and chivalrous qualities and beno less brave


48





the right to punish even if the authority is perceived to be or is indeed

corrupt [ f siq] (amp

e definition of rebels is ldquoMuslims who have disagreed[not by heart or by tongue but by hand] with the authority even if it isunjust [ jrsquoir ] and they are correct [adil n]rdquo [al-Nawaw - Majm20337])

ampat is why my brethren when the military option is not a legal onefor the individuals concerned you must not lose hope in Allh and letus be reminded of the words of our Beloved (may Allhrsquos blessings andpeace be upon him)

S$ _ FE 8 SbdquoE 8 rsaquo e V 4 Š 8 e bull _ B yenbrvbar 8 4I 8 _ V 8 U _rE 8 g _e wamp 4i 8 sect e o 8K[ampe best jihd is a true (ie brave) word in the face of a tyrannicalruler] (From a 1ad-th of Ab4 Sa-d al-Khudr- (may Allh be wellpleased with him) among others which is related by Ibn al-JadA2mad Ibn 1umayd Ibn M jh Ab4 Dw 4d al-Tirmidh- al-Nasrsquo- Ab4 Yal Ab4 Bakr al-R 4y n- al-6abarn- al-1kim andal-Bayhaq- with variants)

For it is possible still and especially today to fight injustice or ulm or ght in this duny through your tongue and your words and throughthe pen and the courts which still amounts in the Prophetic idiom to

jihd even if not through war As in the reminder [tadhkira] of the greatscholar Imm al-Zarkash- war is only a means to an end and as long assome other way is open to us that other way should be the course trodupon by Muslims

Ma shrsquo All h how true indeed are the Belovedrsquos words so that the latter

mujhid or activist will be no less brave or lacking in any courage withhis or her campaign for a just cause in an oppressive country or oneneeding reforms than the former mujhid or patriot who fought bravely for his country in a just war


50



o E ` amp 87 8)amp _brvbar T eldquo _ H 4 R E 8 ` 8 [ 8I 8 h 8 R e c7l _ M 8 o _rE J 7 E J L bullf 7 E h amp L U i 67 67vL D 6c 8 TL 4 + amp )E amp x _copy ~ 7 VM ampL ` Z 4 B C Š h E ordf ^7 S Z 7 Š 8 V 4)amplaquo7 e x f ` 7notE ` tE B Š amprE bull` K E ]M _9E Š K)ampvL Y X

XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH

E T bullB7[Fear God and go back to controlling your self and to curingyour wickedness For indeed He is enough for us what anexcellent guardian ampere is no help nor power except through

God the High and Mighty May His blessings and peace beupon our master Mu2ammad and his Family And may He bepleased with our leaders the Companions of the Messenger of God one and all And may we be together with them and intheir company and may He make us among their Troop By Your Mercy O Most Merciful of those who show mercyAmen]

May this be of benefit

With heartfelt wishes for sal m and ayyibafrom Oxford to Brunei

Muhammad Afifi al-Akiti16th Jumdrsquo II 1426

23rd July 2005

TATIMMA

51





Select Bibliography

Baalaw - Abd al-Ra2mn Bughyat al-Mustarshid n f Talkh$ Fat w ba+ al-

Mutarsquoakhkhir n Bulaq 1309 H

al-Bakr- ampshiyat I nat al-lib n 4 vols Bulaq 1300 H

al-Ghazl- I yrsquo Ul m al-D n Edited by Badaw - A2mad 6abnah 4 vols Cairo

Dr I2y rsquo al-Kutub al-lsquoArabiyya 1957

Ibn Arab- Q7- Akm al-Qurrsquo n Edited by lsquoAl- Mu2ammad al-Bajaw - 4 vols

Cairo Dr I2y rsquo al-Kutub al-lsquoArabiyya 1957-8

Ibn Barak t Fay+ al-Il h al-M lik f amp all Alf Umdat al-Slik wa-Uddat al-

N sik Edited by Mu08af Mu2ammad Imra 2 vols Singapore al-

1aramayn 1371 H

Ibn 1ajar al-Haytam- Tu fat al-Mut j bi-Shar al-Minh j al-Nawaw in

amp awsh al-Shirwn wa-Ibn Qsim al Tu fat al-Mut j Edited by

Mu2ammad Abd al-Az-z al-Khlid- 13 vols Beirut Dr al-Kutub al-

Ilmiyya 1996

al-Jasss Akm al-Qurrsquo n 3 vols Istanbul Dr al-Khilfa al-5liya

1335-1338 H

al-Kurd- Fat w al-Kurd al-Madan In Qurrat al-0 Ayn bi-Fat w Ulamrsquo al-

amp aramayn Edited by Mu2ammad Al- ibn 1usayn al-Mlik - Bogor

Maktabat Araf t nd

al-Nawaw - al-Majm Shar al-Muhadhdhab Edited by Ma2m4d Ma8raj- 22

vols Beirut Dr al-Fikr 1996

al-Nawaw - al-Jw - Mar Lab d Tafs r al-Nawaw al-Tafs r al-Mun r li-Malim

al-Tanz l al-Mufassir an Wujh Masin al-Tarsquow l al-Musamm Mar Lab d li-Kashf Man Qurrsquo n Maj d 2 vols Bulaq 1305 H





o









FATWA


introduction

by



Published by



United Kingdom





CONTENTS




Glossary


Initial Question






amp$il


Tatimma )$


5





AIntroduction











7






















8











Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd













FATWA


introduction

by



Published by



United Kingdom





CONTENTS




Glossary


Initial Question






amp$il


Tatimma )$


5





AIntroduction











7






















8











Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







CONTENTS




Glossary


Initial Question






amp$il


Tatimma )$


5





AIntroduction











7






















8











Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









AIntroduction











7






















8











Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd


























8











Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd















Brunei Darussalam

INTRODUCTION

9





Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









Glossary



amal = deed action

a$l = see u$l




+bi = see + awbi

+ ar ra = necessity






faq h = see fiqh




fa$l = see fu$l









11





Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









Ibl-s = Satan


Ijm = Consensus





Ni3m al-Mulk






maq$ad = see maq$id






mufassir = exegete







12



nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







nafs = ego self



qida = see qawid











sunna = way path














GLOSSARY

13








Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd












Fatwa

according to


by






Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









Initial Question








17




$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd








$amp

($amp

)amp



Z[7

Z+E]MK7






18










[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd














[dawla]



19





yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









yuqtilu]


ampLV _ `Ea 4 =

b

ampPc

dE e

f _ M

67

g _ FEh

4i e D 4jL 8 k






20






lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd










lP

H

mamp$=

no

Z 4 BEp

8I T B$amp

AqV=7

m_rEgamp7

AEHsamp

tc

uvLU eL 8 H

rEg _

wamp



and

vEaamp7 xyzamp

X+ uE|

SHK

7K





xbdquoG

21





and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









and





_MEaltamp 6





22






23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd










23










24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd














24












25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd
















25




_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd








_Œ







26












27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd
















27





5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









5 8 ] 8 e 4 H




_Z _ e$ _ B 87

_Z _ bull= _ _

8K 8 eN 8

e Šamp









28



)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







)il









29



Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







Masrsquoil Mufaala

Question I






)e 4 JL 4 3 ndash 8 87


30











31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd















31













32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd

















32









Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd













Question IV







33













34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd

















34







siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd











siege has elapsed)

i`Ea 4 = 8 H








35





uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









uIgtH

Igtltamp

4IVŠ77

uIBEp





Question V


We say

rEgwamp

Œ

6c 8 87 eq 8 œ




36












37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd
















37



Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







Question VI








38



Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







Question VII









39







Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd











Question VIII






40







ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd











ampe answer



Œ

8IbullRamp

_y 8 8 = b7

=amp

Egžc

CB 8 8 8 D ebdquoc7

4$rdquoŸamp

ZVB e5 _

b

ZEH7

ZRh7



41













42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd

















42



Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







Question IX



sbquoHEŠGamp

Œ

8I T E 8 [ 4 H

o


amp 8P_c





43










o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd














o


44



Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd







Tatimma






45












46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd
















46








TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd












TATIMMA

47













48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd

















48















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd



















50




XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd








XH^

X(amp T$amp 8K

E=

l($+

_ eq _

H

Ebull 4 V 8 e k7

go7

gH






23rd July 2005

TATIMMA

51





Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd









Select Bibliography










1aramayn 1371 H




Ilmiyya 1996


1335-1338 H



Maktabat Araf t nd





al akiti fatwa on martyrdom

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