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jannah
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« on: Dec 02, 2008 06:31 PM »


Interesting.........J.
======================
http://news.bbc.co.uk/2/hi/south_asia/7758651.stm


Muslims refuse to bury militants

BBC News, Mumbai

Indian Muslims say they do not want the gunmen killed by the security forces during the attacks in Mumbai to be buried in Muslim graveyards.

Community leaders believe the militants cannot be called Muslims because they went against the teachings of Islam and killed innocent civilians.

One leader said the militants had "defamed" the religion.

Nine militants died when they stormed targets in India's financial capital, killing at least 172 people.

'Unprovoked'

In what is perhaps their first openly defiant act against "Islamic terrorism", Muslims in India have decided they will not allow the militants to be buried in Muslim graveyards anywhere in the country.

They said that they could not believe that the assailants, who they said had "killed innocent civilians unprovoked", were true followers of Islam.

Ibrahim Tai, the president of the Indian Muslim Council, which looks after the social and religious affairs of the Muslim community in India, said that they had "defamed" his religion.

"They are not Muslims as they have not followed our religion which teaches us to live in peace.

"If the government does not respect our demands we will take up extreme steps. We do not want the bodies of people who have committed an act of terrorism to be buried in our cemeteries.

"These terrorists are a black spot on our religion, we will very sternly protest the burial of these terrorists in our cemetery," he said.

Other Muslim groups have written to their local assembly representatives to say that if the authorities force the militants to be buried in a Muslim graveyard, they too will come out on the streets in protest.

The council move found some support in Mumbai.

One Muslim housewife, Ruksana Sayeed, said: "We Muslims do not even kill an ant, our religion does not teach all this, we are against all these terrorists and I completely agree with the Muslim Council's argument."

However, Naseem Ahmed, a Muslim worker in the city, said the council was wrong.

"They are Muslims and they can be buried even if they have done something wrong. Our religion does not say that those who have done evil can't be buried in a cemetery," he said.

The gunmen held dozens of people hostage in two luxury hotels and a Jewish centre for over 60 hours before they were killed by commandos.

India is believed to have the world's largest Muslim population after Indonesia.
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« Reply #1 on: Dec 02, 2008 06:47 PM »

peace be upon you

denial of an Islamic funeral and burial is wrong, no matter what sins the dead men have committed.
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« Reply #2 on: Dec 02, 2008 09:35 PM »

Assalamualaikum,

What I don't understand is, if the Indian officials are claiming these bodies are of Pakistanis, then the bodies should be sent to Pakistan for burial, also allowing Pakistanis to identify the dead beyond shadow of doubt. The Pakistani government wants proof, the Indians want these bodies buried, kill two birds with one stone. Of course if they aren't sure who the terrorists were and this is all conjecture on the part of the Indian government then that's a completely different matter for them........

Wassalam,

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« Reply #3 on: Dec 04, 2008 11:20 PM »

wsalam,

Yes why should they?? How do they know who they were or even if they were Muslim or not. Whoever were these men's families should pray for them. No one else has to. Ulema in India are smart. Good for them. Why should they be branded because of these men's actions. They have nothing to do with us. Wish we had such sense during 9/11.

ws

================================


1. Eminent Islamic clerics have already refused to give permission to bury the bodies of the terrorists responsible for the carnage in Mumbai. A host of Muslim organisations and Ulema categorically said that the bodies can be sent to whichever country they might belong to but they wouldn't be buried in India.

The clergy has said that they can't permit the burial in the cemetries as having a Muslim name doesn't mean a person is Muslim especially when the conduct of these persons shamed humanity. Though there were a few voices that bodies shouldn't allowed to rot from outside Muslim community but Islamic scholars refused to 'give an inch' to the terrorists.

2. The pilgrims going for Haj from various Cities tied a black band on their arms to express their outrage over the dastardardly attacks. They observed a minute silence before leaving for Mumbai from where the Hajis take the direct flight to Jeddah.

3. Also, clerics have asked Muslims to wear black ribbon and have a low-key celebration on the occasion of Idul Azha [Baqrid] that is drawing nearer. The Id is just a week from now and it would be to show the grief and express solidarity with the Mumbaiites and the rest of the Indians over the terror strike. The All India organisation of Imams of Mosques has urged the Muslims in this regard.

Source: http://www.anindianmuslim.com/ blog
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« Reply #4 on: Dec 05, 2008 10:42 AM »

peace be upon you

If the external signs are that they were Muslim, then where they are found dead, and particularly if their identity is not known, or there is a risk of bodies decomposing if they are sent to their places of origin, then they deserve a janaza and a burial, no matter what their crime.

You can ask a faqih if you like.

I can understand that Muslims in India would want to avoid it, and perhaps the needs of the living takes precedence over the dead.

Never mind, if they were Muslims, already their namaze janaza would have been held in absentia, and as for burial of thier  bodies, if the Muslims of India won't let them be buried in their graveyards, God's earth is plenty.

It is for Allah (swt) to decide who deserves Hell and who does not.
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« Reply #5 on: Dec 05, 2008 11:12 AM »

wsalam,

the ulema of india are faqihs as well and i'm sure they studied over what should be done. there is evidence that one doesn't have to do janazah over someone they feel have committed a sin. doesn't mean they are deciding whether the person is going to hell or not. there was a story at the time of the prophet (s) of a person who was a criminal or something like that and he(s) didn't pray over him but the family did. same thing they are doing here. the families should pray over them. where they are buried is a tough decision. the indian government should probably bury them somewhere in an isolated place and not tell anyone where either.
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« Reply #6 on: Dec 05, 2008 04:50 PM »

peace be upon you

OK jannah!

If the dead were Muslims, you say let their families say the funeral prayers. Fair enough. Do you think the families even know that the men who are dead are their kin?

please let us know the names of the killed terrorists, and the addresses of the families, so we can notify the families and tell them to say the janaza.

India has not released the names, except that of the alleged lone survivor who is said to belong to Faridkot. There are three Faridkots in Pakistan, and at least one in India. Investigations in the Pakistani Faridkots do not reveal any one with that name or description.

LeT has been implicated by the Indians. I can tell you categorically since I have met some LeT people including the ones at the top, that this is not their modus operandi. Targeting civilians is out of the question for them. Shaving beards is out of the question for them. Wearing an orange armband that is a symbol of rakhee is out of the question for them.

Who are the dead? Are they Muslims, as the Indians claim? Are they really the ones who attacked, or have the Indians killed some Muslims and labeled them terrorists. They have done it in the past.

It is interesting that the names of the Indian Ulema who have given this fatwa are missing from the news. If the names were there, we would know if they really are mainstream Faqihs.

May Allah (swt) prevent us from going astray in anger or any emotion.

aameen
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« Reply #7 on: Dec 05, 2008 10:28 PM »

wsalam,

I've seen the names. One such article: http://www.npr.org/templates/story/story.php?storyId=97765988 India Names Masterminds Of Mumbai Attacks. They also have names of a number of associates and the "handler" they had in India along with some names of people they think helped. They are of course all Muslim-names and said to be from Kashmir.

About conspiracy theories....that's a whole other thing. How do we know anything then? So if we're going to say that, then there's absolutely no point for Indian Muslims to pray janazah over them. Again there's just no point for them to do it, they don't get any benefit out of it, a lot of harm and they don't have to do it. This isn't a case of an ordinary person who might have/might not have or whatever or sitting judgement on someone, it's very unique and I'm glad they had the vision to make a decision like this and also direct the Muslims in India on how to behave.

I just wish Muslims had done the same after 9/11. There are a number of mosques in the US and UK that are notorious (and still notorious) for praying janazah for "the 19" and hence Muslims ALL over are again condemned as terrorists and terrorist supporters.

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« Reply #8 on: Dec 06, 2008 02:22 PM »

peace be upon you

It is not the names of the alleged masterminds I am asking. India had once named Dawood Ibrahim, who is an Indian citizen. I have no idea of his whereabouts. According to India's claims, he is said variously to be in Dubai or Karachi, living independently, or in ISI custody. If it were latter, the new army management would have surrendered him. Another name brandished about was that of Jaishe Muhammad's Masood Azhar. The Jaish or an offshoot is a terrorist outfit. Again I do not know where Azhar is. ISI would definitely want to get its hands on him, for the Jaish is implicated in several terrorist attacks in Pakistan. India has also named LeT's ex-chief Hafiz Saeed, and its Commander Zakiur Rehman Lakhwi. It is about LeT that I say is sheer propaganda, because I have seen enough of them to know that they operate strictly within Islamic rules of combat.

Of the terrorists, India has released only the name of the lone alleged survivor. It has not released the names of those killed as alleged terrorists. I haven't seen their names. Not even in the link you provided. Maybe you gave us the wrong link. I have done a search for the article title, and find out that India names Zakiur Rehman Lakhvi and Muzammil of LeT. I have told you about LeT.

India has previously killed Pakistanis jailed in India for overstay or suspicion of espionage, and thrown their bodies at the border. India has claimed such people to be terrorist infiltrators, but India's own court and jail records have proved India wrong. India has done it enough times for us to be wary of India's claims.

So kindly do not call it a conspiracy theory. The non-Muslim agencies lie a lot, and weave complex webs.

The dead alleged terrorists may or may not be Muslim. If they were Muslims, no matter what their crime, if indeed they are terrorists, they deserve a janaza and a burial. Since they have not been identified, their families and friends cannot know that they are dead. Under the circumstances, the locality where unclaimed or indentified bodies of apparent Muslims are found, their janaza should be said and they should be buried locally.

I understand that Muslims minorities are under a great strain. They are accused of divided loyalties, if not treachery. So I said it does not matter. There are people who say ghaibana janaza every day for those Muslims who die and are similarly unidentified. And as for burial, even if they are cremated, Allah knows who are and who are not Muslims.

It is those who should have said the janaza, and who did not, who will have to explain their actions.

India had also named SIMI, an organization of Indian students. I do not know any SIMI people, but from my knowledge of other Muslim activist organizations, it does seem to me that if a Muslim raises a voice highlighting injustices against Muslims, he/she is branded a terrorist. Maybe SIMI is involved in an armed struggle. So are 34 other organizations in India. They are not all Muslim. In fact, the vast majority are non-Muslim. There was an article reproduced here, titled "Muslims are the new untouchables". I saw Muslim fear in India when I visited Delhi in the 50's. I heard of it when some Indian Muslims confided in me when I was in the West. But the West wasn't free either - for Muslims. Some of my friends who were activists, were followed by the British police. I know it because on occasions I was with them, and they were singled out for scrutiny of papers and interrogation. I was not asked a single question. Why? The only difference was that they were activists, I wasn't. They raised voices, I just heard them. They organized seminars. I only occasionally went to such seminars.

The message then and now is that activism for removal of injustice will be punished by the state, whether in the free West or East.

So I understand.
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« Reply #9 on: Dec 07, 2008 07:02 PM »

Asalamaualiklum wrt wb,


All praise be to Allah.


According to the scholars, the criminals who carried out this heinous massacre are apostates.  Their bodies should be taken to a ditch in the desert and dumped in a hole.  The Fatwa of the Ulema of the Deoband should be respected. 

These criminals made slaughtering innocent life,  life which Allah has made sacred and protected, halal.  Thus they are guility of Istihlal dimaa al abri'aa, (making something that is known to be haram by neccessity in the religion, ie. massacring innocent people, halal).


We should have no sympathy for these evil doers.  It is not simply someone doing something wrong.  In that case they may be forgiven.  But when a person believes something established and well know in the religion to be haram is halal, they go outside of the religion.

This is like a person believing that drinking alcohol is permissible, or committing Zina is halal.  It is well known amongst the scholars that such a person is an apostate.


May Allah protect the Ummah from these evil doers who have nothing to do with Islam, who slaughter and massacre in disregard to what the Ulema have stated of this being Haram.  They do not deserve for us to pray for their forgiveness and the respect of having the Muslims pray over them.

For your information, the Ulema of India are not the first scholars to make such a Fatwa.  Besides that, they deserve respect as they are scholars of Shariah, and spent decades studying Fiqh, and we should listen to the ulema and not argue with them.


And Allah knows best.



Be merciful to those on earth, and the One in the Heavens will be merciful to you.
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« Reply #10 on: Dec 07, 2008 10:25 PM »

Asalamualaikum wrt wb,

Here is more information on this issue.  I wish CNN and BBC and all the news agencies published this knowledge, since it is important for the Ummah to know this:



Istihlal is a term used in Islamic jurisprudence, or fiqh, to refer to the act of regarding some action as permissible, or halaal; the implication is that such a regard is an erroneous and improper distortion of Islamic law. The word "istihlal" is derived as Stem X of the Arabic consonantal root (H-L-L) meaning "to untie", "to solve", "to dissolve", "to open", "to release", etc.

The term "istihlal" came to prominence in the Western news media on 11 March 2005, the first anniversary of the Madrid bombing attacks of 2004, when the Islamic Commission of Spain (La Comisión Islámica de España) issued a fatwa, or religious opinion, denouncing Osama bin Laden and al-Qaeda for engaging in istihlal with respect to the waging of jihad through terrorism, and the killing of women, children, and noncombatants.

The relevant passages from the fatwa are as follows:

Que según la Sharia, todo aquel que declara halal o permitido lo que Dios ha declarado haram o prohibido, como es matar a personas inocentes en atentados terroristas, se convierte en Kafir Murtadd Mustahlil, es decir en apóstata, por haber pretendido hacer halal (istihlal) el asesinato de inocentes, crimen que el Sagrado Corán y la Sunna del Profeta Muhammad, Dios le bendiga y salve, prohíben expresamente.
En tanto que Osama ben Laden y su organización defienden la legalidad del terrorismo y pretenden fundamentarla en el sagrado Corán y la Sunna, están cometiendo delito de istihlal y se convierten ipso facto en apóstatas (kafir murtadd), que no deben ser considerados musulmanes ni ser tratados como tales.
Translated into English:

That according to the Sharia, anyone who declares halaal, or permitted, what God has declared haraam, or forbidden, such as the killing of innocent persons in terrorist attacks, turns into a Kafir Murtadd Mustahlil, that is to say, an apostate, by having claimed to make halal (istihlal) the murder of innocents, a crime that the Holy Qur'an and the Sunnah of the Prophet Muhammad (may God bless and save him) expressly forbid.
Insofar as Osama bin Laden and his organization defend the legality of terrorism and claim to base it in the Holy Qur'an and the Sunnah, they are committing the sin of istihlal and become ipso facto apostates (kafir murtadd), who should not be considered Muslims nor be treated as such.


Full text of the Fatwa:  http://www.webislam.com/default.asp?idn=537


And Allah knows best.

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« Reply #11 on: Dec 07, 2008 10:44 PM »

Assalamu alykum Brother Abdul Rahman,

Can you please further clarify this issue? What is a sinner then?

By this logic then If someone commits zinna or commits murder but knows that it is not permissible, what is his status in regards to being a Muslim?


Thanks.
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« Reply #12 on: Dec 08, 2008 03:41 AM »

I was pretty sure that I read that you have to bury these people.. there was a shaik who did a fatwa that you hve too after the news came out that indian muslims wouldnt allow it. Allahu alim
I cant remember where I saw it.. but we are still not sure if they are even Muslims..
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« Reply #13 on: Dec 08, 2008 12:41 PM »

Assalamu alykum Brother Abdul Rahman,

Can you please further clarify this issue? What is a sinner then?

By this logic then If someone commits zinna or commits murder but knows that it is not permissible, what is his status in regards to being a Muslim?


Thanks.

Salaam sis.

if someone 'commits zina or commits murder but knows this is not permissable', this person is just a sinner.  They know that they are doing something wrong/they are commtting a sin, but they still continue to do it, hence they are a sinner.

This is different to what Abdurahman has outlined in his post.  The point that is made there is that these people change something which is haraam and make it halaal, when no one can do this.  If something is haraam, then it is haraam.  Every Muslim knows that it is wrong to kill innocent people, this is stated very clearly in the Qur'an.  Therefore to kill an innocent person is haraam.  However, if you change this to suit your own agenda and now believe that killing innocent people is halal, then you have gone against the religion of Islaam.  That is, you have gone against what Allaah and the Prophet permitted and forbade for Muslims.

Hope this explains it but I'm sure someone else can give a better explanation.

...No one knows for sure what these people believed though right?  They are still Muslim for instance if they knew it was wrong to kill these innocent people but still did it anyway.  That doesn't make them apostates...

'If he woke up and had enough food for the day and shelter (a roof over his head) and he does not fear for his safety, then it is as if he has been given the dunya.'
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« Reply #14 on: Dec 08, 2008 09:26 PM »

Asalamualaikum wrt wb,


All praise be to Allah.



Dear brother Tabriz, if you read the full text of the fatwa stated by the scholars who issued the Fatwa in Spain, I hope the issue will become clear to you. (If anyone can post the link to the fatwa by the Indian Muslim Council, I would really appreciate it.)  Sinners may be forgiven if they know what they did is wrong, and regret what they did, and strive not to do it again.

But if a person changes Islam to suit their desires, this is where the scholars have a problem.  We are not allowed to change Islam.   Anyone who changes something known in religion by necessity (ma'loom min ad deen bi ad duroora), by this action he leaves the Islamic religion.

However, doing a sin, while knowing it is wrong, can be forgiven by Allah.  Such a person is a Muslim, but a sinning Muslim.  I hope this makes things clearer.  If you still have any questions, please feel free to ask.


Honorable sister salampeaceshalom,

If a person acts out of ignorance, or in a fit of extreme anger that causes them to lose their 'aql (intellect), then the Islamic judge weighs that before making a judgement.  However, such an excuse is not blindly accepted without further analysis.

The Islamic judge, or mufti, looks at circumstantial evidence.  Was there planning and premeditation behind the attack?  Was the assailant living in a non-Muslim society (in which case he may not have learned about Islam)?  Were they coerced into committing the crime?  Did they leave behind evidence of their motivation, or can that be determined by their modus-operandi?  Was it an individual act, or was it a group tied into an ideological movement?  Did they try to justify their crime Islamically?  Did they repent?

These are all things that the Fiqh Council/Mufti has to weigh before making a judgment.  There is a chapter if Fiqh called "the baaith" (motivations).  An interesting principle in this chapter of fiqh is that since we cannot see the inner motivations of people, the Shariah attaches the rulings of things to their outward manifestations. 

It is clear to any neutral observer that these people spents years training/planning, and believed what they were doing, slaughtering innocent people, was a means of jihad and sanctioned by Islam.  What they should have done is keep patient for the Day of Judgment, fear Allah, and listened to the scholars regarding how to work for Islam. 

I believe these scholars have issued their judgement in absolute intergrity and following the rules of Shariah.  The scholars are the inheritors of the deen, and they carry out the command of Allah on the earth.


Honorable sister Blackrose,  the scholars did not say they should not be buried, however, they said they should be taken to an isolated place away from the Muslims and buried there.  They are not to be given the funeral prayers of a Muslim, or buried with the Muslims.

I pray that Allah uses us for His religion, and makes us keys to goodness, and locks for evil.


And Allah knows best.

Be merciful to those on earth, and the One in the Heavens will be merciful to you.
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« Reply #15 on: Dec 08, 2008 09:34 PM »

Well I wish I had that article.. I just dont remember at all where I saw it now
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« Reply #16 on: Dec 08, 2008 09:39 PM »

Text of the Fatwa Declared Against Osama Bin Laden by the Islamic Commission of Spain


I have translated the document because I believe this the first fatwa ever to be issued by an European Muslim organization against a terrorist group:


These groups, that use names and languages related to Islam, discredit, in fact, with their actions, the image of Islam and serve the interests of their enemies. Their actions incite islamophobia in the countries in which Muslims are a minority and destroy the relations of cooperation and vicinity between Muslims and non-Muslims. Their actions provide a false image of Islam, which is precisely what the enemies of Islam strive to offer to the world.


And the whole point of this fatwa --which means legal judgement-- is not to excommunicate Ben Laden and his Al Quaida. On the contrary, it is to prove these people have excommunicated themselves from Islam and thus should not be referred by anybody --whether Muslim or non-Muslim-- as "Islamic" terrorists. Terrorism goes against the core of Islam and whoever performs a terrorist act has put themselves outside of the guidance of Islam :


Based on this fatwa, we have requested to the government of the nation and the Spanish mass media that they stop using the word Islam or islamic to describe these malefactors, given they are not Muslim nor have any relationship with our Umma or Islamic Community. They need to call them instead Al Qaida terrorists, but without using Islamic as an adjective, since as it has been declared above, they are not legally so.


Likewise, we ask those in charge of mass media to acknowledge what has been stated here and to proceed from now on under the criteria exposed above. In particular, to not tie Islam nor Muslims with any terrorist acts; especially if they come dressed with any Islamic language or pretension.


Which makes this fatwa all the more interesting because, by extension, it also applies to all major publishers, newscasters and producers of mass media.



About this translation
I made the decision to follow as closely as possible the awkward theological legalese in which this document was written. They went for the ancient sacred text effect; meaning, the style is very similar to religious texts from the Spanish Siglo de Oro and Baroque ages. Long clauses and apostrophes are very common, especially in texts rife with seemingly tangential praisings to God --they are not tangential, actually, they have a legal purpose in the fatwa. There is also quite a lot of redundancy, but it is understandable, given they are issuing a sentence and condemnation. For that matter, I made the decision to stick to the orthography as much as I could in order to keep as close as possible to the rhetoric and syntax of the Spanish text. As of today this text has been edited thrice by me. It may need one more look over, but for now, it'll do.


The original Spanish-language text can be found at La Comisión Islámica de España emite una fatua condenando el terrorismo y al grupo Al Qaida - WebIslam.com.

Said fatwa will serve as the foundation for the next antiterrorist conference to be celebrated in Madrid, God willing, next Fall.



Doctrinal foundation


In the Koran, The Book revealed to Humanity as a guide, God orders Muslims to acquire an excellence in ethical and moral behavior. Islamic morality rests on values such as peace, tolerance, mercy or compassion.


The Koran reminds Muslims they are responsible before God for their behavior and treatment of all peoples; whether they are also Muslim or not.


In this sense, Muslims are forced to seek out good for themselves, their families, their neighbors and society in general.


"Do good unto others as God has done unto you; and do not wish to plant the seeds of corruption upon Earth, for God does not love those who sow corruption ". (28:77).


The term "corruption" includes here all forms of anarchy and terrorism that undermine or destroy peace and Muslim security.


Muslims, therefore, are not only forbidden from committing crimes against innocent people, but are responsible before God to stop those people who have the intention to do so, since these people "are planting the seeds of corruption on Earth".


In reference to the treatment towards non-Muslims, the aleya herself says in 60:8 :


"As long as they do not fight you because of your religion nor expel you from your homes, you are not prohibited to treat them with the greatest deference (birr) or justice, since, God loves the righteous".


The concept of "birr" in this aleya makes reference to the way in which somebody must treat parents and relatives. The Prophet explains further in the two main collections of hadices (Bujari and Muslim) :


"By God, those are not true believers who are feared by their neighbors for their malice".


The Prophet even encouraged believers to be kind to animals and prohibited them from doing damage to or burden animals with work. A hadiz tells us of the time The Prophet said to a man who gave to drink a thirsty dog that he was pardoned of all his sins by this single action.


It was asked to him then:


"Oh Messenger of God, then will we be compensated by our kindness towards all animals?" The Prophet answered: "There is a reward for kindness towards any animal or human being". (Sahih Muslim, 2244, and Sahih Al-Bujari, 2466).


The Koran does not encourage Muslims to return evil deeds with evil deeds; on the contrary, it calls believers to respond to evil deeds with good actions.


"But (as) good and evil cannot be compared, counter evil with something better. Henceforth, he whosoever existed in enmity with you, shall become a true friend."(41:34).


God also indicates in the Koran that the Garden (Paradise) has been prepared for those who work on His Cause, in days of prosperity and in days of deprivation; as well as for those who keep in check their wrath and pardon their neighbors, because God loves those who do good (3:135).


"For those who persevere in doing good, the supreme good awaits them. Their faces will not be overshadowed by darkness or humiliation (in the Day of the Judgment). They are destined to Paradise, where they will reside (eternally)". (10:26).


"Remember that any attempt to make up for evil can become evil. Therefore, those who forgive their enemies and make peace with them, will receive his reward from God, because certainly God does not love malefactors "(42:40).



The hatred of God towards murder is manifested in the aleyas that speak of Abel in the Surah of the Served Table :


"and Cain said: "Be certain that I will kill you" (5:27). To which Abel responded:


"Even if you raised your hand to kill me, I will not raise my hand to kill you : in truth, I fear God, the Provider of all worlds ".



After the murder of Abel, God says:


"We declare to the children of Israel that those who kill a human being - not being to punish murder or the plating of corruption on Earth-- will be treated as if they had killed all of humanity; and whosoever saves a life, will be treated as if they had saved the life of all of humanity ".



Let it be noted that the reference to the children of Israel does not diminish the universal validity of its message.


The Prophet also reminded us that murder was the second of the greatest sins (Sahih Al-Bujari:6871, and Sahih Muslim :88) that can be committed, and noticed that on Judgement Day, the first cases to be judged will be those dealing with bloodshed (Sahih Muslim:1678, and Sahih Al-Bujari: 6533).


The own concept of war established in the Koran has an exclusively defensive tone:


"and you fight for the cause of God against those who fight you, but you do not commit aggressions, since certainly, God does not love the aggressors" (2:190).



As Muhammad Asad in his tafsir (interpretation of the Koran) says: "Most commentators agree that the expression taatadu means, in this context," you do not commit aggression ". The defensive character of combat "for the cause of God" - that is to say, because of the ethical principles ordered by God, is evident by the reference to "those who fight you".... and it is clarified furthermore in the aleya 22:39 : "It is allowed (to fight) those who have injured them unjustly"; that it is, according to all our traditions our first (and therefore fundamental) Koranic reference to the question of yihad".


Within the context of defensive warfare, The Prophet imposed strict limits destined to safeguard lives and properties. Thus, the Prophet Muhammad prohibited to kill, in the case of warlike conflict, women, children and civilians (Sahih Muslim:1744, and Sahih Al-Bujari: 3015).


He also said whosoever killed anyone who had signed a treaty or agreement with Muslims, would not smell the fragrance of Paradise (Sahih Al-Bujari:3166, and Ibn Mayah:2686).


In light of these and other Islamic texts, the terrorist acts of Osama ben Laden and his organization Al Qaida --who look to fill with fear the hearts of defenseless people; who engage in the destruction of buildings or properties thus involving the death of civilians, like women, children, and other beings-- are strictly prohibited and are the object of a full condemnation from Islam.


Therefore, the perpetration of terrorist acts under the pretext "of defending the oppressed nations of the world or the rights of Muslims" does not have any justification in Islam.


There is no doubt Muslims have the legitimate right to react against any aggression or any situation of oppression. Nevertheless, such reaction should not give rise to blind or irrational hatred:


"you do not let your hatred towards those who prevent you access to the House of Inviolable Adoration (that is to say, to the fulfillment of your religious obligations) take you to transgression (the limits); but on the contrary, [it should encourage you to] collaborate in fomenting virtue and acknowledgment of God and not to collaborate in fomenting evil and enmity." (5:2)



Likewise, the Koran indicates, in reference to those who hypocritically claim to follow the Bible, that whenever anyone lights the fire of war, God extinguishes it (5:64). God also condemns those nations that violate international treaties and initiate wars (8:56) and requests that everything is done to defeat them (8:60), but if they are inclined to peace, then Muslims will have to follow suit as well. (8:61).


Given all of this, it is necessary to point out that terrorism and extremism contradict human nature and the lessons of Islam.


Muslims must know that terrorism is a threat against Islam and that it's damaging to our religion and to Muslims. A correct Islamic formation in madrasas and Islamic universities will allow everybody to understand that Islam is a religion of peace and that it repudiates all acts of terrorism and indiscriminate death.


The presence of signs like arrogance, fanaticism, extremism or religious intolerance in an individual or group, let's us know they have broken with Islam and the traditions of the Prophet Muhammad.


The perpetration of terrorist acts supposes a rupture of such magnitude with Islamic teaching that it allows to affirm that the individuals or groups who have perpetrated them have stopped being Muslim and have put themselves outside the sphere of Islam. Such groups distort and manipulate basic Islamic concepts, like the one of yihad, by imposing upon them their particular interpretation and criteria.


In fact, groups that use names and languages relative to Islam, discredit with their actions the image of Islam and serve the interests of their enemies. Their actions incite islamophobia in countries in which Muslims are a minority, and destroy the relationships of cooperation and neighborliness between Muslims and non-Muslim. Their actions provide a false image of Islam, which is precisely what the enemies of Islam strive to offer to the world.


These extremist groups bring indiscriminate death, even to other Muslims. We must remember here that The Prophet showed that Muslims who kill other Muslims turn kafir (unbelieving).


In this same sense, if a Muslim or a group of them commit a terrorist act, this individual or group would be breaking the laws of Islam and leaving the guide of God and the way of the Din.


"God does not grant his guidance to people who deliberately do evil." (9:109).


Heretofore we declare in good faith the following resolution:


1.                 That Islam rejects terrorism in all its manifestations, being the death or damage to innocent human beings or to their properties.


2.                 That Islam is the main victim of terrorist attacks made by some groups that falsely call themselves "Islamic", inasmuch as such attacks not only take the life of numerous Muslims, but because they also damage the image of Islam by fomenting feelings of islamophobia and serving the interests of the enemies of Islam.


3.                 That these groups try to conceal their deviation through falsehoods and manipulated interpretations of sacred texts, in an attempt to gain support among Muslims or to reclute new followers.


This fraud must be denounced with force by the wise people and leaders of Islam worldwide.


4.                 That those who commit terrorist acts violate Koranic teachings and thus turn apostates who have left Islam.


5.                 That the duty of every Muslim is to fight actively against terrorism, in accordance with the Koranic mandate that establishes the obligation to prevent corruption from overtaking the Earth.


Based on what has been exposed, it comes to dictate :


That according to the Sharia, all who declare halal or allowed what God has declared haram or prohibited, like the killing of innocent people in terrorist attacks, have become Kafir Murtadd Mustahlil, that's to say an apostate, by trying to make a crime such as the murder of innocents, halal (istihlal); a crime forbidden by the Sacred Koran and the Sunna of the Prophet Muhammad, God bless him and save him.


As long as Osama ben Laden and his organization defend the legality of terrorism and try to base it on the Sacred Koran and the Sunna, they are committing the crime of istihlal and they have become ipso facto apostates (kafir murtadd), who should not be considered Muslim nor be treated as such.


To which we declare that Osama ben Laden and his organization Al Qaida, responsible for the horrible crimes against the innocents who vilely were assassinated in the terrorist attack of 11 March in Madrid, are outside the parameters of Islam; and the same goes to all who wield the Sacred Koran and The Prophet's Sunna to commit terrorist acts.


To which we declare that the alleged political reasonings by Osama ben Laden and his organization regarding the recovery of Al Andalus; having been made public and become well-known by all, completely contradict the divine will that has been expressed clearly through history; being that God is the Lord of History and everything that happens, has happened or will happen; that he is Divine Aim and Favor and must be considered as such in any event by Muslims, for whom God is Giver of Goods; and that not even the best of conspirators are creatures with the capacity to judge or question what the the Divine Will has decreed.


The tragedy of Al Andalus, the genocide of Muslims and their expulsion from Spain, the natural mother country of all of them, is to be judged by God alone; and to the servant, to accept the Divine Decree and be thankful.


In reference to the breach of the Capitulations of Santa Fe signed by the Catholic King and Queen and the King of the Islamic Kingdom of Granada, we declare that with the signing of the Agreements of Cooperation of 1992 --between the Spanish State and the legal representatives of the Spanish Muslims known as The Islamic Commission of Spain-- it is taken as conclusive all vindication of legal or political type, whereas the Agreement recognizes in its introduction that "Islam is part of the identity of Spain". This recognition, along with what is stipulated in the Agreement, settles definitively the issue from a legal or political point of view.


The Agreement of Cooperation of 1992 is the new frame we have given ourselves to bring together the Spanish State and Spanish Muslims. The Agreement represents the explicit will of Spanish Muslims; and nobody outside of this community, whether they are called Ben Laden or Al Qaida or by any other name, has the right to meddle with the matters of our Islamic community.


Based on this fatwa, we have requested the national government and Spanish mass media to stop using the words Islam or Islamic to describe these malefactors, given they are not Muslim nor have any relationship with our Umma or Islamic Community; instead needing to call them Al Qaida terrorists, but without using Islamic as an adjective, since as it has been declared above, they are not legally so.


Likewise, we ask those in charge of mass media to acknowledge what has been stated here and to proceed from now on under the criteria exposed above; particularly, by not tying Islam nor Muslims with any terrorist acts; especially if the acts appear dressed with any Islamic language or pretension.



Mansur Escudero Bedate
Secretary General of The Islamic Commission of Spain


Be merciful to those on earth, and the One in the Heavens will be merciful to you.
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« Reply #17 on: Dec 10, 2008 03:08 AM »

Thank you.

But I am a SISTER. lol

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