The Islamic Ruling
On Permissibility Of Martyrdom Operations
All praise is due to
Allah, Sustainer of the Universe, Who informs us
that:
"Were it not
for Allah's repelling some people by means of others, the earth would
surely have become corrupt." [Quran]
The choicest peace
and blessings be on the Chief of the Prophets, who has said,
"By [Allah] in
Whose Hand is my soul! I have surely wished to be killed in the path of
Allah, then brought to life, then killed [again], then brought to life,
then killed!" [Bukhari, Muslim and others]
And who has also
said, "Act, and each will be eased to that for which he was
created." [Bukhari, Muslim and others]
Allah legislated
Jihad for the dignity of this Ummah, knowing that it is abhorrent to us.
People today have neglected this great duty, and pursued what they love,
thinking good lies in what they love, and failing to realize that good lies
in that which Allah has legislated.
Allah has blessed
us, here in Chechnya, by allowing us to fight unbelief - represented by
the Russian army, and we ask Allah to strengthen and assist us. We praise
Allah also for allowing us to have scored victories over the enemy. Some
of us have fulfilled their pledges; others are still waiting. Verily,
Allah has fulfilled His promise to us, and granted us dignity through
Jihad. Our martyred brothers have written, with their blood, a history we
can be proud of, and their sacrifices only increase us in eagerness for
our own martyrdom, so as to meet Allah, and to be resurrected with the
Prophet (peace and blessings be upon him), his companions and all the other
prophets, martyrs and righteous ones.
The Ummah has become
used to hearing, through its history, about men who sacrifice their lives
for the religion, but they are not as familiar with women doing the same.
The young woman who was - inshaa-Allah - martyred, Hawa Barayev, is one
of the few women whose name will be recorded in history. Undoubtedly, she
has set the most marvellous example by her sacrifice. The Russians may
well await death from every quarter now, and their hearts may
appropriately be filled with terror on account of women like her. Let
every jealous one perish in his rage! Let every sluggish individual bury
his head in the dirt! She has done what few men have done. Every
supporter of the truth should prepare to give the like of what she has
given. The Ummah may well be proud that such a paragon has appeared in
our midst. We are certain that an Ummah that contains people like her
will never - by Allah's leave - become devoid of good.
However, while we
were in the midst of rejoicing over our sister's self-sacrifice, and we
were still supplicating for her to achieve forgiveness and mercy from
Allah, we received mail which clouded our joy. It came, not from an enemy
or envier, but rather from a handful of people whom we presume wanted to
offer constructive advice. However, they erred, and accused the great
Mujahidah, Hawa Barayev, of having committed suicide, saying that it was
not permissible for her to have acted thus. Nor did they think it was
permissible for us to mention her account on our website, rather that we
should have criticized her. They mentioned evidences which they had
misunderstood to imply what they claimed. In this study, we shall clarify
that Hawa Barayev - and similarly 'Abdur-Rahman Shishani, Qadi Mowladi,
Khatam, his brother 'Ali, 'Abdul-Malik and others
- are, Allah
willing, in Gardens of Eternity, in the bodies of green birds, betaking
themselves to lanterns hanging from the 'Arsh. This is how we regard
them, but we do not sanctify anyone before Allah.
Before we embark on
a detailed exposition concerning the Islamic verdict on martyrdom
operations, it is appropriate for us to first present a brief,
to-the-point response:
Firstly : If you did
not know, could you not ask? It is not appropriate for someone who is
unaware of a verdict to make sweeping statements accusing others of
wrongdoing. If those who criticized us had only investigated the issue
first, they would have found that the issue is, at worst, a disagreed
issue among scholars, such that we cannot be criticized for following
legitimate scholarship.
Secondly : We
request our respected brothers, who seek the truth, not to criticize us
for anything without backing the criticism with verdicts of scholars, and
[especially] the understanding of the Pious Predecessors.
Thirdly : Dear
brothers and sisters! Not every martyrdom operation is legitimate, nor is
every martyrdom operation prohibited. Rather, the verdict differs based
on factors such as the enemy's condition, the situation of the war, the
potential martyr's personal circumstances, and the elements of the
operation itself. Thus, one may not give a verdict on such operations
without having an understanding of the actual situation, and this is
obtained from the Mujahideen, and not the unbelievers. How, then, can you
accuse us of ignorance when you are unaware of our situation, let alone
the specific details of the operation in question?
Definition of
Martyrdom Operations, and their Effect on the Enemy
Martyrdom or
self-sacrifice operations are those performed by one or more people,
against enemies far outstripping them in numbers and equipment, with
prior knowledge that the operations will almost inevitably lead to death.
The form this
usually takes nowadays is to wire up one's body, or a vehicle or suitcase
with explosives, and then to enter amongst a conglomeration of the enemy,
or in their vital facilities, and to detonate in an appropriate place
there in order to cause the maximum losses in the enemy ranks, taking
advantage of the element of surprise and penetration. Naturally, the
enacter of the operation will usually be the first to die.
Another technique is
for an armed Mujahid to break into the enemy barracks, or area of
conglomeration, and fire at them at close-range, without having prepared
any plan of escape, nor having considered escape a possibility. The
objective is to kill as many of the enemy as possible, and he will almost
certainly die.
The name
'suicide-operations' used by some is inaccurate, and in fact this name
was chosen by the Jews to discourage people from such endeavours. How
great is the difference between one who commits suicide - because of his
unhappiness, lack of patience and weakness or absence of iman and has
been threatened with Hell-Fire - and between the self-sacrificer who embarks
on the operation out of strength of faith and conviction, and to bring
victory to Islam, by sacrificing his life for the upliftment of Allah's
word!
As for the effects
of these operations on the enemy, we have found, through the course of
our experience that there is no other technique which strikes as much
terror into their hearts, and which shatters their spirit as much. On
account of this they refrain from mixing with the population, and from
oppressing, harassing and looting them. They have also become occupied
with trying to expose such operations before they occur, which has
distracted them from other things. Praise is to Allah. Many of their
imminent plans were foiled, and furthermore, Putin issued a severe
condemnation of the Home Affairs and Defense Ministers, placing the
responsibility on them, and threatening high-level reshufflings in the
two ministries. Those troops who are not busy trying to foil martyrdom
operations are occupied with removal of Russian corpses, healing the
wounded, and drawing out plans and policies from beneath the debris. This
is all on the moral level.
On the material
level, these operations inflict the heaviest losses on the enemy, and are
lowest in cost to us. The cost of equipment is negligible in comparison
to the assault; in fact the explosives and vehicles were captured as
war-booty, such that we returned them to the Russians in our special way!
The human casualty is a single life, who is in fact a martyr and hero
gone ahead to Gardens of Eternity, inshaa-Allah. As for the enemy, their
losses are high; after the last operation, they had over 1,600 dead and
wounded, and the most crucial concentration of Russian forces in Chechnya
was completely destroyed.
All of this was
achieved by the efforts of only four heroes. We feel sure that the
Russians will not remain long in our land with such operations
continuing. Either they will fear aggregation, in which case they will
become easy targets for attack, or they will gather together to combat
the assaults, in which case the martyrdom operations will be sufficient -
Allah willing - to disperse them. If they wish to keep matters under
control, they would need more than 300,000 troops in every city, and this
is no exaggeration.
One can see how much
fear the operations in Palestine caused, and that they were a major
factor in convincing the Jews to grant self-rule to the Palestinians,
hoping that they could be more easily controlled in that way. In
Chechnya, the damage is much greater than in similar operations in
Palestine, on account of Russian fortification being much less than that
possessed by the Jews.
Evidences for the
Issue
Before going into
the verdict concerning the operations, citing the pronouncements of
scholars about them, and resolving some unclear issues, it is appropriate
for us to first present some of the Shar'i (Islamic law) evidences, and
then follow them up with discussion and application thereof. We will not
analyze the chains of transmission of each narration separately; we will
regard it as sufficient that the basis of the evidence is in the
collections of Bukhari and Muslim, and hence any reports outside of these
two books is strengthened by them.
1 - "Verily,
Allah has purchased from the believers their selves and their wealth, in
return for Heaven being theirs. They fight in the path of Allah and they
kill and are killed " [Qur'an, 9:111]
Hence, any scenario
in which the Mujahid offers the purchase price in order to attain the
merchandise is permissible unless an evidence exists to specifically
prohibit it.
2 - "How many a
small force has overcome a numerous force, by the permission of Allah.
And Allah is with the steadfast ones." [Qur'an, 2:249]
This verse indicates
that the measure of power in the Shari'ah is not primarily linked to
material, worldly measures.
3 - "Among
mankind is he who sells himself seeking the pleasure of Allah. And Allah
is Pitying towards the servants." [Qur'an, 2:207]
According to the
explanation of this verse by the Sahabah, as we cite below, one who sells
himself for the sake of Allah is not considered to have committed
suicide, even if he immerses himself into 1,000 of the enemy forces
without armour.
4 - In the hadith in
Sahih Muslim, containing the account of the boy and the king in the story
of the Trenches referred to by Surah al-Buruj, we find that the
unbelieving king tried various means to kill the believing boy, failing
each time. Eventually, the boy told him, "You will not be able to
kill me until ? you gather people on one plateau, hang me on a
palm-trunk, take an arrow from my quiver, place it in the bow, say,
"In the name of Allah, the Lord of the boy," and shoot
me." The king did this, and thereby managed to kill the boy as
predicted, but the people who had gathered began saying, "We believe
in Allah, the Lord of the boy!" Thereupon, the king ordered trenches
to be dug, and fires lit in them, and then for the people to be made to
jump into them if they refused to give up their faith. This was done, and
eventually a woman was brought with her infant, and she hesitated to jump
on account of him, but he said, "O mother! Remain steadfast for you
are upon the truth."
The boy, in this
hadith, ordered the king to kill him in the interest of the religion, and
this indicates that such a deed is legitimate, and not considered
suicide.
5 - Imam Ahmad has
narrated in his Musnad (1/310) [and a similar narration is in Ibn Majah
(4030)] that Ibn 'Abbas said that the Messenger of Allah said, "On
the night in which I was taken by night, a pleasant fragrance came my
way, and so I said, "O Gabriel! What is this pleasant
fragrance?" He said, "This is the fragrance of the hairdresser of
Pharaoh's daughter, and [of the hairdresser]'s children." I said,
"What is her situation?" He said, "While she was combing
Pharaoh's daughter's hair one day, the comb fell from her hand, so she
said, "In the name of Allah." Pharaoh's daughter asked,
"[You mean] my father?" She said, "No, rather my Lord, and
the Lord of your father, is Allah." She said, "Can I tell him
that?" She said, "Yes."" The hadith goes on to
describe that a huge brass pot was heated, and it was ordered for her and
her children to be cast therein. She requested from Pharaoh - and he
acceded to her request - that her bones and her children's bones be
gathered in a single cloth and buried. Her children were then thrown into
the cauldron one by one before her eyes, until they got to a suckling
infant, and it seemed she wavered on account of him, but he said, "O
mother! Jump in, for the torture of this world is lighter than the
punishment of the Hereafter." So she jumped in.
The narrators of the
chain [of Imam Ahmad's version] are reliable, apart from Abu 'Umar
al-Dareer, whom al-Dhahabi and Abu Hatim al-Razi considered truthful, and
Ibn Hibban considered reliable.
According to this
hadith, the child was made to speak, as was the child in the preceding
story of the trenches, telling the mother to jump into the fire, which
indicates the virtue of this deed.
6 - Abu Dawud (3/27)
and Tirmidhi (4/280) have narrated (and Tirmidhi graded it as sahih) that
Aslam ibn 'Imran narrated that when they were fighting a mighty army of
the Romans, a man in the Muslim army attacked the Roman ranks until he
penetrated them. People shouted, saying, "SubhanAllah! He has
contributed to his own destruction." Thereupon, Abu Ayyub al-Ansari
stood up, and said, "O people! You give this interpretation to this
verse, whereas it was revealed concerning us, the Ansar, when Allah had
given honour to Islam and its supporters had become many, whereupon some
of us secretly said to one another ? "Our wealth has been depleted,
and Allah has given honour to Islam and its supporters have become many,
so let us stay amidst our wealth and make up what has been depleted of
it." Thereupon, Allah revealed to His Prophet [meaning] "And
spend in the Path of Allah, and do not contribute to your own
destruction" [Qur'an, 2:195] refuting what we had said. So, the
destruction lay in staying with our wealth and repleting it, and
abandoning combat." Abu Ayyub remained fixed until he [was killed
and] was buried in Rome.
Al-Hakim
authenticated it, saying it conforms to the criteria of Bukhari and
Muslim, and Dhahabi corroborated him. Nasa'i and Ibn Hibban also narrated
it. Bayhaqi included it, and other narrations in his Sunan in a chapter
entitled, "Permissibility of a man or men fighting alone in the
enemy land," thereby citing it as evidence for the permissibility of
advancing against a group, even if the more likely result is that they
will kill him.
In this hadith, Abu
Ayyub explained that the verse (Qur'an, 2:195) does not apply to one who
plunges into the enemy ranks alone, even though it may seem to people
that he is destroying himself. The Sahabah tacitly confirmed this
explanation of his [by not objecting].
7 - Ibn Abi Shaybah
has narrated in his Musannaf (5/338) that Mu'adh ibn 'Afra' asked the
Messenger of Allah, "What makes Allah laugh upon His slave?" The
reply: "[The servant] immersing himself into the enemy without
armour." Mu'adh then took off his armour and fought until he was
killed.
This hadith is a
clear evidence for the virtue of Jihad operations in which it is most
likely that one will die, and it indicates that Jihad has some special
rules which permit what may normally be prohibited.
8 - Ibn Abi Shaybah
has extracted (5/289) [and similarly Tirmidhi (2491 and 2492, the latter
narration he classified as sahih) and Nasa'i (1597 and 2523), and Ahmad
(20,393), as well as Tabarani (in al-Kabir, with a hasan chain) and Ibn
al-Mubarak (in Kitab al-Jihad, 1/84)], "Three [categories of people]
Allah loves,?" and among them is "a man who was in a
dispatchment and met the enemy, and they were defeated, but he faced them
with his chest until he was killed or victorious." Al-Hakim also
narrated it, and said it is sahih.
9 - Ahmad narrated
in his Musnad (6/22) from Ibn Mas'ud that the Prophet said, "Our
Sustainer marvels at two men: a man who stirs from his bed ? to salah ?
and a man who fights in the path of Allah, and his companions are
defeated, and he realizes what awaits him in defeat and what awaits him
in returning [to combat], but he returns [to combat] until his blood is
spilled. Allah says, "Look at My servant who went back [to combat]
hopeful and anxious for what is with Me, until his blood was
spilled."
Ahmad Shakir said,:
its chain is sahih. Haythami said in Majma'
al-Zawa'id: Ahmad ad
Abu Ya'la narrated it, as did Tabarani in al-Kabir, and its isnad is
hasan. Abu Dawud and Al-Hakim narrated it in abbreviated form, and
Al-Hakim authenticated it. Ibn al-Nahhas said: even if there were only
this single authentic hadith, it would suffice us as evidence for the virtue
of plunging [into the enemy ranks].
10 - Muslim has
narrated from Abu Hurayrah, "Among the best of lives for people is a
man who clasps the reins of his horse in the path of Allah, rushing on
its back; whenever he hears a cry [of battle] or advancement towards the
enemy, he hurries to it, seeking death and being slain with
eagerness."
This indicates that
seeking to be killed and pursuing martyrdom are legitimate and
praiseworthy acts.
11 - Bayhaqi has
narrated in Al-Sunan al-Kubra (9/100) with a sahih chain from Mujahid
that the Prophet sent out 'Abdullah ibn Mas'ud and Khabbab as one
dispatchment, and Dihyah as a dispatchment on his own.
This indicates that
regardless of the level of risk in a Jihad operation, it remains
permissible by default, and the greater the risk, the greater the reward.
12 - Bukhari and
Muslim have narrated that Talhah shielded the Prophet from arrows in the
Battle of Uhud, and his hand was crippled thereby.
13 - Bukhari and
Muslim have reported that Salamah ibn al-Akwa' was asked, "For what
did you pledge allegiance to the Prophet on the Day of Hudaybiyyah?"
He said, "For death."
14- Many have
reported from Muhammad ibn Thabit ibn Qays Ibn Shimas, when the Muslims
were disclosed on the Day of Yamamah, Salim, the freed-slave of Abu
Hudhayfah, said, "This is not how we used to act with the Messenger
of Allah." Then, he dug a trench for himself, and stood in it
carrying the flag, and fought until he was killed as a martyr on the Day
of Yamamah.
This and the next
report indicate that steadfastness is desirable, even if it leads to
death, and Salim attributed this type of action to the [days of] the
Messenger of Allah.
15 - Ibn Jareer
Tabari has narrated in his Tarikh (2/151) that in the Battle of Mu'tah,
Ja'far ibn Abi Talib took the flag and fought until he became immersed in
the fighting, whereupon he turned to a light-colored horse he had and
wounded it [so he could not escape], then he fought until he was killed.
Hence, JA'far was the first Muslim to wound his horse [in this manner].
16 - Muslim has
narrated that a man heard a Sahabi saying, when the enemy was near,
"The Messenger of Allah said : The doors of Heaven are under the
shade of the swords." The man, upon hearing this, got up and asked
for verification of the hadith. When it was confirmed, he turned to his
companions, gave them the greeting of salam, broke and discarded the
scabbard of his sword and then advanced to the enemy with his sword,
striking them until he was killed.
[The original study
in Arabic contains 40 narrations, but for brevity we have omitted the
remainder].
Verdicts of Scholars
Concerning one who Attacks the Enemy Alone
Having established
the permissibility of plunging into the enemy and attacking alone even
when death is certain, we proceed and say that the martyrdom operations
are derived from this principle, realizing that the prohibition of
suicide relates to deficiency or absence of faith. However, the former
generations did not have knowledge of martyrdom operations in their
current-day form, for these evolved with the changes in techniques of
warfare, and hence they did not specifically address them. However, they
did address similar issues, such as that of attacking the enemy
single-handed and frightening them with one's own death being certain.
They also deduced general principles under which the martyrdom operations
fall, and in doing so they relied on evidences such as those we have
mentioned in the previous section. There is one difference between the
martyrdom operations and their classical precedent, namely that in our
case the person is killed by his own hand, whereas in the other he was
killed by the enemy. We also explain that this difference does not affect
the verdict.
A. Scholars of the
Sahabah and Tabi'in
1 - Ibn al-Mubarak
and Ibn Abi Shaybah (5/303) have reported, through a sahih chain, that
Mudrik ibn 'Awf al-Ahmasi said, "I was in the presence of 'Umar when
the messenger of Nu'man ibn Muqrin cam to him and 'Umar asked him about the
people, whereupon he replied, "So-and-so and so-and-so were hit, and
others and others whom I do not know." 'Umar said, "But Allah
knows them." [The messenger] said, "O chief of the believers!
[There was] a man who sold his life." At this Mudrik said, "That
is my maternal uncle, by Allah, O chief of the believers! People claimed
he has contributed to his own destruction." 'Umar said, "They
have lied (or: are mistaken). Rather, he is among those who have bought
the Hereafter with this world." Bayhaqi mentioned that that was on
the day of Nahawand.
2 - Ibn Abi Shaybah
has extracted (5/322) that a battalion of unbelievers advanced, and a man
of the Ansar faced them and attacked them, and broke through the ranks,
then returned, repeating this twice or thrice. Sa'd ibn Hisham mentioned
this to Abu Hurayrah, who recited the verse (meaning), "Among
mankind is he who sells himself seeking the pleasure of Allah."
3 - Al-Hakim has
extracted in the Book of Tafseer (2/275) and Ibn Abi Hatim (1/128), with
a similar narration recorded by Ibn 'Asakir, that Bara' was asked about
the verse (meaning), "And spend in the Path of Allah, and do not
contribute to your own destruction..."; does it refer to a man who
encounters the enemy and fights until he is killed? He said, "No,
rather it is a man who commits a sin, and then says Allah will not
forgive him." Al-Hakim said this is authentic according to Bukhari's
and Muslim's criteria. This explanation of the verse was narrated by Tabari
in his exegesis (3/584) from Hudhayfah, Ibn 'Abbas, 'Ikrimah, Hasan
Basri, 'Ata', Sa'id ibn Jubayr, Dahhak, Suddi, Muqatil and others.
B. Verdicts of
Renowned Exegetes
1 - Ibn al-'Arabi
says in Ahkam al-Qur'an (1/116, and see also Qurtubi's tafseer 2/364),
commenting on the verse, (meaning), "And spend in the Path of Allah,
and do not contribute to your own destruction...," "There are
five views about [the meaning of] destruction [here]:
Do not give up
spending [in the path of Allah]
Do not go out
without provision
Do not abandon Jihad
Do not take on an
enemy you are not capable of withstanding
Do not despair of
forgiveness
Tabari said:
"It is general [in scope], and there is no contradiction between
them." He is right, except regarding plunging into the enemy, for scholars
have disagreed concerning this. Qasim ibn Mukhaymirah, Qasim ibn Muhammad and
'Abdul-Malik from among our [Maliki] scholars said there is no objection to a
man single-handedly taking on a large army, if he is strong and [the action] is
sincerely for Allah. If he has no power, then that is self-destruction. It has
been said [by some] that if he is seeking martyrdom and his intention is
sincere, he can attack, for his goal is to kill one of the enemy forces, and
that is clear in the verse (meaning), "Among mankind is he who sells
himself seeking the pleasure of Allah." The correct view by me is that of
permissibility of rushing into an army one cannot withstand, for it contains
four [possible] aspects:
Seeking martyrdom
Inflicting losses
[on the enemy]
Encouraging the
Muslims to attack
Demoralizing the
enemy, showing them that if one man can do this, what will the totality be
capable of!"
2 - Qurtubi says in
his Tafseer (2/364), "Muhammad ibn al-Hasan al-Shaybani, the student of
Abu Hanifah, said: If a man single-handedly attacks 1,000 pagans, there is no
objection to it if there is hope of success, or inflicting loss on the enemy,
otherwise it is disliked, for then he would expose himself to death without
benefit to the Muslims. As for someone whose aim is to embolden the Muslims to
emulate his feat, it's permissibility is not far-fetched, for it entails
benefit to the Muslims in some ways. if his intent is to frighten the enemy,
and demonstrate the Muslims' strength of faith, its permissibility is not far-fetched.
If there is benefit in it for the Muslims, then giving one's life for the
strengthening of the religion and weakening of the unbelievers, then it is the
noble rank praised in the verse, (meaning), "Among mankind is he who sells
himself seeking the pleasure of Allah." and other verses."
3 - Shawkani says in
Fath al-Qadeer (1/297) about the verse of self-destruction, "The
reality is that the words have general implication, and are not specific
to the circumstances of revelation, and so everything which may be
described as worldly or religious self-destruction is covered by it, as
stated by Ibn Jareer al-Tabari. Among that which comes under this verse
is a man attacking an enemy army which he can neither overcome, nor have
any effect beneficial to the Mujahideen."
This implies that if
there is a benefit it is permissible.
C. Texts of the
Madhahib
1 - Hanafi
Ibn 'Abideen says in
his Hashiyah (4/303), "There is no objection to a man fighting
alone, even if he thinks he will be killed, provided he achieves
something such as killing, wounding or defeating [the enemy], for this
has been reported from a number of the Sahabah in the presence of the
Messenger of Allah on the Day of Uhud, and he praised them for it. If,
however, he knows he will not inflict any loss on them, it is not
permissible for him to attack, for it would not contribute to the strengthening
of the religion."
2 - Maliki
Ibn Khuwayz-Mandad
said, as cited by Qurtubi in his Tafseer (2/364), "As for a man
single-handedly attacking 100 or more enemy troops ... this has two
scenarios: If he is certain, or reasonably so, that he will kill the
subject of his attack, and emerge safe, then it is good, and similarly if
he is reasonably certain that he will be killed, but will inflict loss or
cause damage, or have a beneficial effect for the Muslims, then it is
permissible also." Statements from Qurtubi and Ibn al-'Arabi have
already preceded.
3 - Shafi'i
In the completion of
Al-Majmu' (19/291) by al-Muti'i, we find, "If the number of the
unbelievers are twice the numbers of the Muslims, and they do not fear
perdition, it is obligatory to stand firm ... If they are more convinced
than not of destruction, then there are two possibilities:
1. That they may
turn back, based on the verse (meaning), "do not contribute to your
own destruction..." 2. That they may not turn back, and this is the
correct view, based on the verse, (meaning), "When you encounter a force,
remain steadfast...", and because the Mujahid only fights in order to kill
or be killed. If the number of the unbelievers exceed twice the numbers of the
Muslims, then they may turn back. If they are more convinced than not that they
will not be destroyed, then it is better for them to remain steadfast so that
the Muslims are not routed. If they are more convinced than not that they will
be destroyed, then there are two possibilities:
That they are
obliged to turn back, based on the words of Allah (meaning), "do not
contribute to your own destruction..." That it is recommended for them to
turn back, but not binding, for if they are killed they will attain
martyrdom."
4 - Hanbali
Ibn Qudamah says in
Al-Mughni (9/309),
"If the enemy
is more than twice the Muslims' number, and the Muslims are reasonably certain
of victory, then it is preferable to remain steadfast on account of the benefit
[involved], but if they turn back it is permissible, for they are not immune to
destruction ... it is conceivable that they are obliged to stand fast if they
are reasonably certain of victory, on account of the benefit, but if they are
reasonably certain or being defeated by remaining and being unscathed by
turning back, then it is preferable for them to turn back, but if they remain
put, it is permissible, for they have a goal of martyrdom, and it is also
possible that they will be victorious. If they are reasonably certain of being
routed whether they remain put or turn back, then it is preferable for them to
remain steadfast to attain the rank or martyrdom, ... and also because it is
possible they might be victorious."
Ibn Taymiyyah says,
in Majmu' al-Fatawa (28/540),
"Muslim has
narrated in his Sahih the story of the people of the trenches, in which the boy
ordered his own killing for the benefit of the religion, and hence the four
imams have allowed a Muslim to immerse himself in the enemy ranks, even if he
is reasonably certain that they will kill him, provided there is benefit in
that for the Muslims. "
5 - Zahiri
Ibn Hazm says in
Al-Muhalla (7/294), "Neither Abu Ayyub al-Ansari nor Abu Musa
al-Ash'ari criticized a man plunging alone into a raging army and
remaining steadfast until he was killed... It has been authentically
reported that a man from among the Sahabah asked the Messenger of Allah
about what makes Allah laugh upon a servant, and he said, "His
immersing himself into the enemy without armour," whereupon the man
removed his armour and entered the enemy [ranks, fighting] until he was
killed."
D. Some Analysis
The hadith of the
boy is the strongest of evidences for this issue. The hadith explains
that when the boy saw that his being killed in a specific way would be a
means for spreading the religion, and hence he advised the king - from
whom Allah had protected him hitherto - how to kill him, for spread of the
religion and people's entering into it was more weighty in his eyes than
his remaining alive, and he thereby contributed to taking his own life.
Yes, he did not take it by his own hand, but his opinion was the sole
factor leading to his killing. This is just as if a man, suffering from
painful wounds, asked someone else to kill him; he would be as guilty of
suicide as if he had taken his own life, regardless of who did the
killing, for he requested it. Similarly, Allah praised those who believed
in the boy's Lord; those who were being forced to jump into the pits of
fire for refusing to renounce their faith. Nay, even the infant spoke,
encouraging its mother to advance when she hesitated about entering the
fire. They were praised in Surah al-Buruj, which described their fate as
being gardens beneath which flow rivers, and they are called successful.
The story of Pharaoh's daughter's hairdresser is similar. We have cited
evidences from our Shari'ah which fortify these two hadiths, and nothing has
appeared to contradict sacrificing one's life for raising
Allah's word. Hence,
the content of these two hadiths is part of our Shari'ah, according to
the majority of scholars.
In fact, we see that
this sort of operation was carried out in the presence of the Prophet,
and after him by the Sahabah, not once but many times. Furthermore,
protection of the religion is the greatest service a Mujahid performs,
and the evidences do not leave us with any doubt that a Mujahid may
sacrifice his life for the religion. Talhah shielded the Prophet with his
hand, and this supports the permissibility of a person sacrificing
himself for others in the interests of the religion.
E. Synopsis
It has transpired
that scholars gave, to the issue of plunging single-handed into the enemy
with reasonable certainty of being killed, the same verdict as in cases
of death being certain, such that whoever permits the latter permits the
former.
Further, the
majority of scholars gave conditions for the permissibility:
1. Intention
2. Infliction of
losses on the enemy
3. Frightening them
4. Strengthening the
hearts of the Muslims
Qurtubi and Ibn
Qudamah allowed plunging into the enemy with only a sincere intention,
even if no other conditions are fulfilled, for seeking martyrdom is
legitimate. Since there is no explicit stipulation of the majority's
conditions in narrations, this view appears preferable. The majority
deduced their conditions from general standards of the Shari'ah, but the
general need not restrict the specific. Yes, we do say that if there is
no benefit to the Muslims or the Mujahideen, an action should not be
carried out, and is not the most optimal practice, but this is apart from
the original permissibility of the act, for to condemn one seeking
martyrdom without a firm basis is an injustice.
The Issue of using
Prisoners as a Human Shield
The issue of killing
Muslim prisoners whom the enemy has used as a human shield resembles the
issue at hand, although there is also a difference between them. The
similarity is that both involve ending a Muslim life in the interests of
the religion. The difference between the issues is that killing those
used as a shield was permitted by scholars out of necessity, for there
does not exist any text permitting the taking of someone else's life,
rather it derives from the public interest overshadowing the individual
interest. Hence, killing prisoners used as a shield is based on the rule
of necessity permitting the unlawful, and of choosing the lesser of two
evils when one is inevitable. As for martyrdom operations, no such rules
need be applied, for we have clear texts encouraging plunging into the
enemy ranks in spite of the certainty of being killed, and it is not a
case of necessity.
Killing another
person is an even greater sin than killing oneself; Qurtubi cites in his
Tafseer (10/183) consensus of scholars that anyone who is coerced to kill
someone else may not comply. Hence whoever allows killing another Muslim,
where no textual evidence exists, but for an overwhelming religious
benefit, should similarly allow killing oneself for an overwhelming
benefit, for the taking of one's own life is less serious than taking
someone else's life. This would be even if we did not have any texts to
support martyrdom operations, although we actually do have specific
evidences, as mentioned earlier.
The Muslim army is
ordinarily prohibited from killing not only Muslims, but also dhimmis
(unbelievers living as protected subjects of the Muslim state), as well
as old men, women and children from among the unbelievers. If Muslim
prisoners of war are used by the unbelievers then it is not permissible
to fire on them except in cases of dire necessity. In the case of women
and children of the unbelievers, however, they could be fired upon for an
expediency of war even if it is not dire necessity, for war may need such
action, but the intention should not be specifically to kill the
non-combatants. The Prophet (peace and blessings be upon him and his
Household) was asked
about the pagans being hit by night, and some women and children being
killed in the process, and he replied, "They are from among
them." [Bukhari and Muslim] In the case of Muslims, however, firing
is permissible only if abstaining will lead to a wholesale harm, such as
a greater number of Muslims being killed than those being used as a shield, or
the Muslims being defeated and their land overrun. In such a case, any Muslims
killed as a result will be raised up according to their intentions.
The majority
consider it obligatory to attack the enemy in cases of necessity, even if
it leads to the members of a human shield being killed.
[See: Shawkani's
Fath al-Qadeer (5/447), Mughni al-Muhtaj (4/244), Hashiyat al-Dusuqi
(2/178), and Ibn Qudamah's al-Mughni (10/505)] The author of Mughni
al-Muhtaj gives two conditions which should be satisfied:
1. That the
Mujahideen try their best to avoid hitting the shield deliberately. 2.
That they do not intend to kill the people in the shield.
Ibn Taymiyyah said,
"If the unbelievers use Muslims as a human shield, and the
unbelievers cannot be repelled without killing [the Muslims], then [the
Muslim army may fire], for inflictions and afflictions may smite one in
this world who does not deserve it in the Hereafter, and it counts as a
misfortune for him [for which he may be rewarded]. Some expressed this by
saying, "The killer is a Mujahid and the killed one is a
martyr.""
The majority of
Hanafis and Malikis, as well as Imam Sufyan al-Thawri, have permitted
attacking when the enemy have used a shield of Muslims, whether or not
abstaining would be detrimental or lead to defeat, reasoning that
otherwise Jihad would never take place. [See: Fath al-Qadeer (5/448),
Jassas' Ahkam al-Qur'an (5/273) and Minah al-Jaleel (3/151)] The weakness
of this position is clear, in that the sanctity of a Muslim life is
greater than to allow its taking without a clear proof, and moreover such
shields are not universally used, and so Jihad would not necessarily come
to a halt.
In the case of women
children and old men from among the unbelievers being used as shield, the
majority of Hanafis, Shafi'is and Hanbalis have allowed attacking even if
it is not a dire necessity. [See: Al-Siyar al-Kabeer (4/1554) Mughni
al-Muhtaj (4/224) and Al-Mughni (10/504)] The Malikis differed, but for
brevity we will not mention their reasoning.
[See: Dardeer's
Al-Sharh al-Kabeer (2/178) and Minah al-Jaleel (3/150).]
The View of the
Majority Concerning one who assists in Killing
Plunging into the
enemy ranks without hope of escape is the greatest means by which a
Mujahid contributes to his death, and contributing to one's own death is
just like killing oneself, just as one who deliberately causes the death
of someone is like one who actually killed him. The majority of scholars,
from among the Malikis Shafi'is and Hanbalis, have subjected one who
kills someone by consequence to being killed in retaliation just as in
the case of direct murder.
Among the textual
bases for this is that which Bukhari has reported, that a boy was
assassinated, whereupon 'Umar said, "Even if all the inhabitants of
San'a took part in it, I would kill them all." From a rational
angle, if killing in retaliation were to be halted in such a case, murder
would increase, for murderers would merely use one or more accomplices
without fear of being executed for the crime. The monetary compensation
of blood-money would not deter all murderers, especially the well-off.
Hence it is fitting for all the participants to be executed, and in a
similar light the Qur'an describes one who kills one person to be like
one who has killed all mankind. [See: Al-Sayl al-Jarrar (4/397), Tafseer
al-Qurtubi (2/251), Majmu' Fatawa Ibn Taymiyyah (20/382), Al-Bahr
al-Ra'iq (8/354), Sam'ani's Qawati' al-Adillah (2/243)]
So, if one who kills
himself by plunging into the enemy is praised, then this praise applies
independent of the weapon and manner in which he gives up his life. We
have already mentioned in evidence 14 the Sahabi's action, and no
criticism or stipulation has been recorded from the Prophet (peace and
blessings be upon him) of such a practice. Hence, if allowing oneself to
be killed by the enemy is allowed when it is in the interests of the Muslims,
then clearly killing oneself for the same purpose should be allowed, and
in such a case a Mujahid is exempted from the general texts which
prohibit taking one's own life.
Definition of a
Shaheed (martyr)
Nawawi has
enumerated [in Sharh Sahih Muslim (1/515) and Al-Majmu' (1/277)] seven
explanations for why the martyr is called Shaheed:
(1) Because Allah
and the Prophet have testified concerning his entry into Heaven
(2) Because he is
alive before his Lord
(3) Because the
angels of mercy witness the taking of his soul
(4) Because he will
be among those who testify over nations on the Day of Resurrection
(5) Because his
faith and good ending have outwardly been witnessed
(6) Because he has a
witness to his death, namely his blood
(7) Because his soul
immediately witnesses Heaven.
Ibn Hajar has
mentioned fourteen means by which a person can acquire the title, some of
them specifically related to being killed in the path of Allah and others
not. [See: Fath al-Bari (6/43)]
Jurists have given
the technical definition of a martyr as follows:
According to the
Hanafis:
"One who is
killed by the pagans, or is found killed in the battle bearing a mark of
any wound, whether external or internal - such as blood emerging from an
eye or the like." [Al-'Inayah published on the margins of Fath
al-Qadeer (2/142) and Hashiyat Ibn 'Abideen (2/268)]
"Anyone who is
killed while fighting pagans, or rebels, or brigands, by a means
attributed to the enemy - whether directly or by consequence - is a
shaheed, anyone who is killed by a means not specifically attributed to
[an action of] the enemy is not considered a shaheed." [Zayla'i's
Tabyeen al-Haqa'iq, (1/247). See also Al-Bahr al-Ra'iq (2/211)]
According to the
Malikis:
"One who is
killed while fighting warring unbelievers only, even if killed on Islamic
land such as if the enemy attacked the Muslims, [even if he] did not
fight on account of being unaware or asleep, [and even if] killed by a
Muslim who mistook him for an unbeliever, or trampled by a horse, or
mistakenly smitten by his own sword or arrow, or by having fallen into a
well or from a cliff during the fighting." [Dardeer's Al-Sharh
al-Kabeer, (1/425)]
According to the
Shafi'is:
"One who is
killed in fighting unbelievers, facing and not running away, for the
raising of Allah's word?and not for any worldly motive." [Mughni
al-Muhtaj (1/350) and see Fath al-Bari (6/129)]
According to the
Hanbalis:
"One who dies
in a battle with the unbelievers, whether male or female, adult or not,
whether killed by the unbelievers, or by his own weapon in error, or by
having fallen off his mount, or having been found dead with no mark,
provided he was sincere." [Kash-shaf al-Qina', 2/113. See also
Al-Mughni (2/206)]
From the above, it
transpires that the majority - apart from the Hanafis - do not consider
the identity of the killing party to be a factor in determining whether
the victim is a shaheed. The majority view emerges preferable, based on:
i. A hadith narrated
by Bukhari (4196) in which 'Aamir while trying to kill an enemy man
during the battle of Khaybar, mistakenly killed himself instead. Someone
said he had invalidated his good deeds, but the Prophet said,
"Whoever says that is lying (or mistaken). Verily, he is has two
rewards," and he coupled two of his fingers, "He is a striver
and a Mujahid."
ii. A hadith
narrated by Abu Dawud (2539) about a Sahabi who mistakenly hit himself
with his own sword, and people asked, "Is he a shaheed?",
whereupon it is reported that the Prophet said, "Yes, and I am a
witness for him."
Some people may
waver about the permissibility of martyrdom operations because the
Mujahid is killing himself. In order to dispel this confusion, we may
remind ourselves that the Shari'ah often gives a differing verdict about
two actions which externally appear the same, but differ in the
intentions behind them. E.g.
Marrying a divorced
woman is permissible, but doing so with the sole intention of making her
permissible to the first husband is prohibited. Paying back a loan with
more than was borrowed is allowed, but if the excess is stipulated in the
contract, it is prohibited, being riba. One who performs Jihad in order to
raise aloft the word of Allah is a Mujahid, but one who fights for the sake of
showing off bravery is among the first who will be taken to Hell. Mistakenly
striking oneself with one's own weapon makes one shaheed (according to the
majority) but deliberately killing oneself to escape the pain of wounds makes
one deserving of Hell. These examples, all based on the hadith, "Verily,
actions are only according to intentions?", clearly support the notion
that the verdict concerning the shaheed does not differ based on who the
killing party is, provided the intention is pure. So, one who has a bad
intention and is killed by the enemy is deserving of the Fire, as would be the
case if he kills himself out of pain. And, one who has a sincere intention will
be in Heaven, whether he is killed by the enemy, or kills himself in error.
And, one who helps in killing himself for the good of the religion will be in
Heaven, like the boy, inshaa-Allah.
Definition of
Suicide
Suicide here refers
to killing oneself on account of anger, pain or some other worldly
motive, and scholars are unanimous that it is prohibited and moreover a
major sin, making the offender deserving of Hell - either eternally if he
legitimizes the act, or for a finite duration [if he did not legitimize
it and died as a Muslim]. "Do not kill yourselves. Verily, Allah is
merciful to you. And, whoever does that, out of animosity and , We shall
burn him in a Fire. And that is easy for Allah." [Qur'an, 4:29-30;
See Tafseer al-Qurtubi, (5/156)]
"Among those
before you, there was a man with a wound, and he was in anguish, so he
took a knife and cut his hands, and the blood did not stop until he died.
Allah said, "My servant has hastened the ending of his life, so I
have prohibited Heaven to him." [Bukhari and Muslim]
"Whoever
strangles himself will be strangling himself in the Fire, and whoever
stabs himself will be stabbing himself in the Fire." [Bukhari and
Muslim]
The authentic
ahadith on this subject are many. In fact, we have been ordered not to
even wish for death.
"Let not any of
you wish for death on account of harm which has befallen him. But, if he
must, he should pray, 'O Allah! Keep me alive as long as life is better
for me, and take my life when death is better for me." [Bukhari and
Muslim]
All of these texts
prohibiting suicide related to killing oneself for worldly motives such
as pain or anguish or lack of patience, and not for raising aloft the
Word of Allah. We have already cited the evidences for permitting a
Mujahid to plunge into the enemy ranks without armour, and these exempt
the Mujahid from the generality of the suicide texts. Can one then say
that one who kills himself in order to lift the Word of Allah - to
inflict losses on the enemy, to frighten them, and with a sincere
intention - can we describe him as one committing suicide? That is a grave
slander. We say that the prohibition of suicide is on account of its
resulting from weakness or lack of faith, whereas the Mujahid in a
martyrdom operation is killing himself on account of the strength of his
faith. The boy in the account of the Trenches referred to in Surah
al-Buruj effectively killed himself for such a reason, and his deed was
praiseworthy. Similarly, the Prophet wished for death in the Path of
Allah not once but thrice [the hadith was cited at the start of the
article], and it was permissible because it was not on account of harm
which had befallen him, but rather it emanated from strong faith. So,
when the rationale of the prohibition of suicide becomes clear, one
arrives at the conclusion that martyrdom operations are permissible and
praiseworthy when undertaken for some religious benefit.
Synopsis
We have arrived at
the conclusion that martyrdom operations are permissible, and in fact the
Mujahid who is killed in them is better than one who is killed fighting
in the ranks, for there are gradations even among martyrs, corresponding
to their role, action effort and risk undertaken. Then, we explained how
martyrdom operations are the least costly to the Mujahideen and most
detrimental to the enemy. We have heard, as you must have, that most
scholars today permit such operations; at least 30 Fatawa have been
issued to this effect. We explained how this issue is derived from the issue of
plunging single-handedly into the enemy ranks; something which is praiseworthy
by the agreement of jurists. We then further stated that we preferred the view
that such an action is permissible even if martyrdom is the only goal, although
it is certainly not the optimal practice. Martyrdom operations should not be
carried out unless certain conditions are met:
1. One's intention
is sincere and pure - to raise the Word of Allah. 2. One is reasonably
sure that the desired effect cannot be achieved by any other means which would
guarantee preservation of his life. 3. One is reasonably sure that loss will be
inflicted on the enemy, or they will be frightened, or the Muslims will be
emboldened. 4. One should consult with war strategy experts, and especially
with the amber of war, for otherwise he may upset plan and alert the enemy to
their presence.
If the first
condition is absent, the deed is worthless, but if it is satisfied while
some others are lacking, then it is not the best thing, but this does not
necessarily mean the Mujahid is not shaheed.
We also explained
how causing a death carries the same verdict as actual killing. Hence one
who plunges without armour into the enemy ranks, being certain of death,
just like one who engages in a martyrdom operation, is effectively
causing his own death, but they are praiseworthy because of the
circumstances and intention, and hence are not considered to have
committed suicide. We also clarified that [according to the majority] the
identity of the killer does not have an effect on whether the Mujahid
will be considered shaheed. This dispels the wavering arising from the
fact that the Mujahid is taking his own life. Thus, such operations could
take on any of the five Shar'i verdicts depending on intention and
circumstances. Finally, we clarified that taking one's own life is not
always blameworthy; rather it is contingent on the motives behind it. So,
we conclude that one who kills himself because of his strong faith and
out of love for Allah and the Prophet, and in the interests of the
religion, is praiseworthy.
Conclusion
Finally, we should
point out that this topic needs a much more expansive study. However, we
are thankful to Allah for having allowed us to complete this. If we are
correct, it is due to Allah, and if we have erred, then all humans are
prone to error. Finally, let the scholars and students of knowledge
approach us with their feedback and advice, for we are in need of such
help. Let them fear Allah in discharging their responsibility to us.
And peace and
blessings be upon the Messenger of Allah, who rightly strove in the Path
of Allah until he left this world, and also upon his Household and
Companions and those who follow them in goodness until the Day of
Judgment.
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