Dear Somali brothers…
May peace, mercy, and blessings of Allah be upon you!
Eminent scholars, jurists, and Du`ah (callers to Islam) called you more than one time to stop fighting. The last of these calls was the statement of the International Union of Muslim Scholars that urged you to put an end to war and incline to peace.Such statement made very clear the gravity of killing and combating quoting proofs from clearly decided texts of Qur’an and Sunnah (whatever is reported from the Prophet, peace and blessings of Allah be upon him). We do not therefore need to repeat such texts here as you were supposed to show immediate positive response after you had been informed.
Any way, we are aware that certain misconceptions are the reason behind your insistency on fighting. Therefore, we will discuss two of them in the light of Shar` (Islamic law) “… so that those who were to be destroyed (for their rejecting the Faith) might be destroyed after clear evidence, and those who were to live (i.e. believers) might live after clear evidence…” The two misconceptions in question relate to the non-application of Hudud (ordained punishments for violating Allah’s Law) by Sharif’s government and Al-Wala’ wal-Bara’ (loyalty and disassociation for Allah’s Sake) bearing in mind that the same government keeps relations with non-Muslim countries. In fact, such misconceptions provoked the sedition of takfir (declaring someone to be a disbeliever) and bloodshed in many Muslim countries.
Unfortunately, this developed because of lack of comprehension and wrong analogy. Such situation is similar to that when Khawarij (separatist group that believed committing a major sin amounts to disbelief) said: “No judgment but for Allah” hence Amir Al-Mu’minin(Commander of the Believers) commented: “It is a true word but used to prove false allegation.” He said so as Khawarij put the right word in the wrong context.
Regarding the first misconception mentioned above, we would like to assert that Shari`ah(Islamic law) covers very wide scope and comprehensive range. It comprises all obligations and prohibitions relating to different spheres of life as well as all sorts of good deeds which are meant for the well-being of Muslim individuals and their societies. Conforming to Shar` in the punishments’ field is a good deed. It is not only declared obligatory by Shar` but it is also desirable by human nature for it resists corruption. However, certain conditions have to be met for the application of Hudud:
First: The availability of a stable and obeyed regime. This is because it is well-established thatHudud are to be applied by the ruler and people in power. In the absence of such constant authority, the application of Hudud is neither obligatory nor even permissible as Al-Qurtuby stated mentioning that Muslim scholars unanimously agreed on such ruling.
Second: Having no fear of sedition or any religious trouble. A proof for this condition is the incident when `Umar (may Allah be pleased with him) suspended the punishment of exile.
Third: The non-existence of any doubtful matter that may ward off the application of Hudud, such as a famine etc., as `Umar (may Allah be pleased with him) did during the year of scarcity.
It is clear then that Islam is a complete system that considers people’s economic, social, security, and spiritual circumstances. Whoever does not perceive this fact cannot understand the reality of Shari`ah and its objectives which are based on facilitating matters and spreading glad tidings.
On the other hand, when a Muslim ruler does not apply Hudud though all the foregoing conditions are met; this does not take him out of Islam so long as he does not deny theShar`y (Islamic legal) obligation to apply Hudud. This is the view of verifying scholars who explained Allah’s saying (may He be Glorified and Exalted) in Surah (Qur’anic chapter) Al-Ma’idah: “… And whosoever does not judge by what Allah has revealed, such are the Kafirun(i.e. disbelievers – of a lesser degree as they do not act on Allah’s Laws)” as referring to Kufr(disbelief) of a lesser degree and Fisq (rebellion and disobedience to Allah) of a lesser degree. This exegesis is given by Ibn `Abbas and Hudhayfah (may Allah be pleased with them both). Since not judging by what Allah has revealed does not take a person out Islam, it is not permissible to fight people only because they do so. In fact, Kufr is an act of heart that relates only to persons’ beliefs.
Accordingly, it is reported that Hudhayfah and Ibn `Abbas said: “If a Muslim man does so ‘judges by other than what Allah has revealed’, this does not take him out Islam unless he disbelieves in Allah, His angels, His Books, His Messengers, or the Last Day.” The same is narrated from a group of Mufassirs (exegetes of the Qur’an) such as Tawus and `Ataa’. (book of Tamhid by Ibn `Abdul-Bar vol. 5 pp. 74-75).
Similarly, Shaykhul-Islam Ibn Taymiyah pointed out: “Ibn `Abbas and his companions mentioned that it is Kufr of a lesser degree, Zhulm (wrongdoing) of a lesser degree, and Fisqof a lesser degree. The same was said by Ahmad ibn Hanbal and other scholars of Ahl-ul-Sunnah (those adhering to Sunnah) as I will mention In sha’a-Allah (if Allah wills).” In addition, Shaykhul-Islam Ibn Taymiyah stated clearly the same with more details in his book Al-Fatawasaying: “Ibn `Abbas and his companions explained Allah’s saying ‘… And whosoever does not judge by what Allah has revealed, such are the Kafirun (i.e. disbelievers – of a lesser degree as they do not act on Allah’s Laws)’ as referring to people that committed Kufr that does not take them out of Islam. The same was maintained by Ahmad ibn Hanbal and some other scholars of our Salaf (righteous predecessors).” Shaykhul-Islam Ibn Taymiyah also ascribed such view to Al-Bukhari. (book of Fatawa Ibn Taymiyah). Please see our book “Fatawa Fikriyyah“; chapter onTakfir.
It is worth mentioning that we do not belittle the importance of applying Hudud. Rather, we aim only at giving issues proper explanations, calling to making peace and ceasing war, and consequently providing appropriate circumstances for the application of Hudud. This attitude is proven by the fact that Allah (may He be Exalted) did not punish people of Makkah when they combatted His chosen and most beloved servant Prophet Muhammad (peace and blessings of Allah be upon him) and his Sahabah (Companions of the prophet), tortured, and drove them away their land as this would lead to harming innocent men and women. Allah (may He be Exalted) thus says:
“… Had there not been believing men and believing women whom you did not know, that you may kill them, and on whose account a sin would have been committed by you without (your) knowledge, that Allah might bring into His Mercy whom He will, if they (the believers and the disbelievers) should have been apart, We verily had punished those of them who disbelieved, with painful torment.”
How is it that you, O Somali brothers, wage a war in which you kill innocent men, women, and children on the plea of defending the truth?
As for the second misconception on the grounds of which you justify fighting the government, it is related to the principle of al-Wala’ wal-bara’ (loyalty and disassociation for Allah’s Sake). Such principle was also misused in a way that led to declaring people as coming out the fold of Islam because of false reasons and misunderstood generalities. In fact, the word wilayah(loyalty) and derivatives of mawla and waly are used in many contexts of Qur’an and Sunnah. The word waly thus signifies twenty one meanings among which are Ar-Rab (our Lord, may He be Glorified and Exalted), an owner, an emancipator, a relative, a neighbor, an uncle, a partner, a supporter, etc. According to Murtada Al-Zubaydi: “Most of these meanings were narrated in hadith(s). Therefore, each one of them is to be attached to what is related to thehadith in which it was mentioned.”
To come to the point, wala’ (loyalty) is of different types and levels of which only wala’ based on`aqidah (creed) may take a person outside the fold of Islam. Infrequently, wala’ may be recommended such as wala’ to relatives including the non-Muslim ones for Allah says: “… And blood relations among each other have closer personal ties in the Decree of Allah (regarding inheritance)…” and the Prophet (peace be upon him) said to Asma’ (whose mother was a polytheist): “Connect ties with your mother.” Wala’ may also be prohibited such as wala’ that involves disobedience (to Allah) or assistance with murder.
Nevertheless, some sects through history interpreted wala’ incorrectly. Some prominent Sunnischolars warned against this, such as Imam Ahmad (may Allah be merciful with him) who said according to Al-Istakhry narration in Tabaqat Al-Hanabilah: “Wala’ ‘loyalty’ is bid`ah ‘innovation in religion’ and bara’ ‘disassociation’ is bid`ah…” `Abdullah ibn Ahmad elaborated widely on this inKitab As-Sunnah.
Accordingly, it is not permissible to cling to the misconception of Al-Wala’ wal-Bara’ (loyalty and disassociation for Allah’s Sake) to justify fighting against the African forces which came to support Somalia under local and national resolution of Sharif government. (Since the Prophet mentioned that) “Protection given by the weakest Muslim to a disbeliever is generally considered,” how is it when such protection is given by a high official?! Fighting such forces is thus not permissible under all circumstances. Rather, you have to agree with them on the duration of their task and the limits of their competence. This will facilitate their withdrawal and enable you to dispense with them. So fear Allah, adjust all matters of difference among you, and do not declare one another disbelievers to create means to fighting “And all of you beg Allah to forgive you all, O believers, that you may be successful.”
This is our advice to you and we are ready to engage in direct dialogue with you to clarify the truth concerning this matter as well as other issues. Besides, we call upon the government that was elected by influential people to resort to dialogue before resorting to fighting as `Ali (may Allah be pleased with him) did with Khawarij (separatist group that believed committing a major sin amounts to disbelief). He held a dialogue and debated with them. He sent Ibn `Abbas to them and stopped fighting with them until they inflamed the community.
We hope that Djibouti and Eritrea, who quartered people of Somalia when the Ethiopian army attacked them, may help them as well to unite and come together. However, they are sincerely thanked for the support, solidarity, and sincerity they showed to Somali people.
In addition, we appeal to Somali scholars to spread this statement, revise it, correct it, and comment on it. Verily, we only seek the truth and aim solely at preventing bloodshed. We call upon all Somalis to work out an ambitious plan to protect their state against retardation, conflict, dissension, and influences of wars and destruction for doing so is the real jihad. It is noteworthy that Shaykh-ul-Islam Ibn Taymiyah stated that jihad encompasses all acts of righteousness as mentioned in the book of Alikhtyarat for Al-Ba`ly.
The plan mentioned above may be conceived as combining different factions with the government and the parliament. Such a united body can then develop the organisational departments of the state on the basis of Allah’s shar` (law); its texts, objectives, branches, and principles. You have to draw up a plan for life, not death, as Allah says: “O you who believe! Answer Allah (by obeying Him) and (His) Messenger when he (SAW) calls you to that which will give you life…” It is the life that guarantees man’s happiness in this world and in the hereafter by promoting economics, bringing back the refugees to their homes, succouring the afflicted, and setting up well-trained human resources. The plan in hand may also codify systems that rely on forgiving and wide shari`ah (Islamic law).
It may adopt a foreign policy based on being a good neighbour, considering interests, and giving the two neighbouring republics of Djibouti and Eritrea a rank that suits the support and aid they showed to Somalia. It is a fact that all Arab, Muslim, and non-Muslim countries have their share in promoting peace and development including the possibility of concluding a nonaggression pact with Ethiopia who transgressed formerly. In addition, the armed forces may bring together all groups including young mujahids (those striving/fighting in the Cause of Allah), heroes among the Somali great generals, and pirates who will thus find it a good chance to serve their countries instead of the banditry they indulge in and who can be a part of the Somali marines until foreign fleets return to their military bases.
You have thus to ascend to that level of cooperating with all entities including the superpowers that should examine their policies to constitute power of peace but not of destruction and wars.
You proved your courage in fields of fighting and you have now to prove your wisdom in making peace and prosperity. Verily, Islam is a mercy to the whole universe. It is the religion of peace, love, and harmony. The Prophet (peace be upon him) thus commanded, as narrated by Ibn Ishaq, that a dog on the road had to be guarded so that the Muslim army would pass without harming it. How is it thus the gravity of harming Muslim and non-Muslim human beings?!
I hope that you discuss all the ideas and notions mentioned above. We may also discuss them together once the chance comes up to affirm their compatibility with principles of shari`ah as well as political tendency that safeguards public interest which is one of the supreme objectives of shari`ah as Abu Ishaq Ash-Shatiby said: “Shari`ah is laid down only to safeguard people’s interests.”
And upon Allah is the responsibility to explain the Straight Path. Verily, Allah (Alone) is Sufficient for us, and He is the Best Disposer of affairs (for us).
May peace, blessings, and mercy of Allah be upon you.
Professor `Abdullah `Umar Nasif
Chairman of Muslim World Conference
Prominent scholar `Abdullah Bin Al-Sheikh Al-Mahfudh Bin Bayyah
Chairman of Global Centre for Renewal and Guidance