The Afghan communists did not fight while saying "There is no god but Allah," whereas if they say "There is no god but Allah," they are not killed because they say "There is no god but Allah"
Machine translationRead the Arabic original
The questioner : O Shaykh, there is an article in the magazine al-Mujahid stating that those who fight the Afghan communists do not kill them if they say "There is no god but Allah," because they say "There is no god but Allah," pray, pay zakat, and so on. Now, the majority of the mujahideen currently fighting in Afghanistan are of this type. They say, "We are Muslims, we say 'There is no god but Allah,' and we pray, so why do you fight us, O mujahideen?" And Najib answers in the same vein, saying, "I am a Muslim, and I do not accept any soldier with me unless he prays, so why do you fight us? You have followed these Wahhabis who fight us, and so on, and you have followed these Arabs. So how do we rule on such people?"
The Shaykh : This is a problem for you.
The questioner : Yes, because now the mujahideen brothers are fighting them. Why are they fighting Muslims? And you say, O Shaykh...
The Shaykh : If the problem is with you and not just with Najib, then this is a major problem. But if it is only with Najib, then there is no problem, because he is a man who accepted fighting the Muslims because they demand ruling by what Allah has revealed. So, in your opinion, since the discussion is with you and not with Najib, is he a rebel or not?
The questioner : A rebel.
The Shaykh : More than a rebel, even. And what is your opinion of the saying of Allah the Exalted:[Al-Hujurat 49:9] Did Najib seek peace when he was strong and then refuse?
The questioner : He refused, yes.
The Shaykh : He refused.[Al-Hujurat 49:9] So if Najib is a rebel, or even a disbeliever, is there any problem with the legitimacy of fighting him? If this had come from Najib, it would not have been acceptable from him, so how much less from a Muslim?
The questioner : Now you say in the magazine that no one who says "There is no god but Allah" is killed.
The Shaykh : Who says that?
The questioner : In the magazine, in an interview.
The Shaykh : Which magazine?
The questioner : The magazine al-Mujahid.
The student: Al-Amarat last year, in an interview with Shaykh 'Abd... Mujahid.
The Shaykh : Yes, meaning I issued a fatwa for him.
The questioner : Yes, indeed.
The Shaykh : Of course, because the scenario that was presented, and also presented to me during this journey, is when a communist prisoner falls into the hands of the Muslims. Before he falls into the hands of the Muslim, he raises the banner of Islam and says, "I bear witness that there is no god but Allah." Regarding this scenario, I say it is not permissible to kill him, because I will say now: suppose ten of these people, twenty, a hundred, two hundred, and so on, see themselves under the blow of a Muslim's sword or rifle or the like, and they raise the banner of Islam. Is it not possible that at least one of these ten or dozens of people truly said it from the heart? It is possible.
The questioner : Yes
The Shaykh : So, in that case, is it not possible to specify that everyone who says "There is no god but Allah" in this scenario still has the previous possibility remaining, as it was in the time of the Messenger of Allah (peace and blessings be upon him), who rebuked the one who killed the polytheist when he saw himself under the blow of the sword and said, "I bear witness that there is no god but Allah"? Why did he kill him? The Messenger (peace and blessings be upon him) rebuked him, and the Companion argued as some people now argue regarding these communists, saying, "They do not say it except to save themselves from being killed." This is the answer of the Messenger (peace and blessings be upon him):Mishkat al-Masabih 3450, 3451
So, as long as there is a possibility that this communist who says "I bear witness that there is no god but Allah" said it out of belief, it is not permissible to kill them all while there is a possibility that this one person said it out of belief and sincerity. This is the principle. However, it is not permissible to handle the matter based on violating the Shari'ah and speculating about possibilities regarding this legal ruling. Rather, the one who said this phrase is to be placed in a location and monitored so that he does not exploit his hypocrisy, if he said it out of hypocrisy. This is a sin for which Allah will hold him accountable, without doubt. So we have no way but this.
The Shaykh : This is a problem for you.
The questioner : Yes, because now the mujahideen brothers are fighting them. Why are they fighting Muslims? And you say, O Shaykh...
The Shaykh : If the problem is with you and not just with Najib, then this is a major problem. But if it is only with Najib, then there is no problem, because he is a man who accepted fighting the Muslims because they demand ruling by what Allah has revealed. So, in your opinion, since the discussion is with you and not with Najib, is he a rebel or not?
The questioner : A rebel.
The Shaykh : More than a rebel, even. And what is your opinion of the saying of Allah the Exalted:
And if two factions among the believers should fight, then make settlement between the two
وإن طائفتان من المؤمنين اقتتلوا فأصلحوا بينهماThe questioner : He refused, yes.
The Shaykh : He refused.
then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah
فأصلحوا بينهما فإن بغت إحداهما على الأخرى فقاتلوا التي تبغي حتى تفيء إلى أمر اللهThe questioner : Now you say in the magazine that no one who says "There is no god but Allah" is killed.
The Shaykh : Who says that?
The questioner : In the magazine, in an interview.
The Shaykh : Which magazine?
The questioner : The magazine al-Mujahid.
The student: Al-Amarat last year, in an interview with Shaykh 'Abd... Mujahid.
The Shaykh : Yes, meaning I issued a fatwa for him.
The questioner : Yes, indeed.
The Shaykh : Of course, because the scenario that was presented, and also presented to me during this journey, is when a communist prisoner falls into the hands of the Muslims. Before he falls into the hands of the Muslim, he raises the banner of Islam and says, "I bear witness that there is no god but Allah." Regarding this scenario, I say it is not permissible to kill him, because I will say now: suppose ten of these people, twenty, a hundred, two hundred, and so on, see themselves under the blow of a Muslim's sword or rifle or the like, and they raise the banner of Islam. Is it not possible that at least one of these ten or dozens of people truly said it from the heart? It is possible.
The questioner : Yes
The Shaykh : So, in that case, is it not possible to specify that everyone who says "There is no god but Allah" in this scenario still has the previous possibility remaining, as it was in the time of the Messenger of Allah (peace and blessings be upon him), who rebuked the one who killed the polytheist when he saw himself under the blow of the sword and said, "I bear witness that there is no god but Allah"? Why did he kill him? The Messenger (peace and blessings be upon him) rebuked him, and the Companion argued as some people now argue regarding these communists, saying, "They do not say it except to save themselves from being killed." This is the answer of the Messenger (peace and blessings be upon him):
Why did you not split his heart?
هلا شققت عن قلبهSo, as long as there is a possibility that this communist who says "I bear witness that there is no god but Allah" said it out of belief, it is not permissible to kill them all while there is a possibility that this one person said it out of belief and sincerity. This is the principle. However, it is not permissible to handle the matter based on violating the Shari'ah and speculating about possibilities regarding this legal ruling. Rather, the one who said this phrase is to be placed in a location and monitored so that he does not exploit his hypocrisy, if he said it out of hypocrisy. This is a sin for which Allah will hold him accountable, without doubt. So we have no way but this.