The ruling on killing disbelievers present in Muslim lands on the claim that their states have broken the treaty
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The questioner:
Those who say it is permissible to kill disbelievers present in Muslim lands because their states have broken the treaty with some of our Muslim brothers in other states. Is this view correct?
The Shaykh:
This is an invalid view for several reasons. First, these people have no sin. Allah (Exalted and Majestic is He) says:[Al-An'am 6:164] If their states have erred, and they themselves have done nothing, then attacking them is injustice. Allah (Exalted and Majestic is He) says: [Al-Ma'idah 5:8] So a person is not to be held accountable for the sin of another. One does not bear [Al-An'am 6:164]. The fact that their states have committed injustice and killed people does not permit the killing of an innocent person who has done nothing. What is his sin in that?
Second, this is a betrayal of the treaty and the guarantee of safety. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 3166
Third, this involves disobedience to the authority of the Muslims, because the authority of the Muslims brought them in and gave them safety and a treaty. This is a betrayal of the authority and a breach of security. Therefore, for all these reasons and more, this action is not permissible. No scholar issues a fatwa to this effect; only pretenders to knowledge, or ignorant people, or people driven by their desires, or people whose desires lead them, may Allah protect us from that, to issue fatwas without right.
The questioner:
And Honorable Shaykh.
The Shaykh:
Islam is the religion of justice, the religion of fulfilling commitments, and the religion of [avoiding] treachery and betrayal. Yes.
Those who say it is permissible to kill disbelievers present in Muslim lands because their states have broken the treaty with some of our Muslim brothers in other states. Is this view correct?
The Shaykh:
This is an invalid view for several reasons. First, these people have no sin. Allah (Exalted and Majestic is He) says:
and no bearer of burdens will bear the burden of another
وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىٰand do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.
وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰthe burden of another
وَازِرَةٌ وِزْرَ أُخْرَىٰSecond, this is a betrayal of the treaty and the guarantee of safety. The Prophet (peace and blessings be upon him) said:
Whoever killed a person having a treaty with the Muslims, shall not smell the smell of Paradise though its smell is perceived from a distance of forty years.
من قتل معاهدا لم يرح رائحة الجنة، وإن ريحها لا يوجد من مسيرة أربعينThird, this involves disobedience to the authority of the Muslims, because the authority of the Muslims brought them in and gave them safety and a treaty. This is a betrayal of the authority and a breach of security. Therefore, for all these reasons and more, this action is not permissible. No scholar issues a fatwa to this effect; only pretenders to knowledge, or ignorant people, or people driven by their desires, or people whose desires lead them, may Allah protect us from that, to issue fatwas without right.
The questioner:
And Honorable Shaykh.
The Shaykh:
Islam is the religion of justice, the religion of fulfilling commitments, and the religion of [avoiding] treachery and betrayal. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/127 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:06:30)
The Arabic text is a machine transcription of the audio recording.