One who fights the Muslims, then when captured says, "It is not permissible for you to kill me because I am a Muslim," how do you respond to him?
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The questioner : In an interview in the magazine al-Mujahid, it was stated that those who fight the Afghan communists should not be killed if they say, "There is no god but Allah," because they say, "There is no god but Allah," they pray, they give zakah, 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, O mujahideen?" Najib himself says, "I am a Muslim, and I do not accept a soldier with me unless he prays. So why do you fight? You have only followed these Wahhabis who fight, and so on, and these Arabs." So how do we respond to these people?
The Shaykh : Is this a problem for you?
The questioner : Yes, because now... the mujahideen are fighting them. How can they fight Muslims? And you say, "O Shaykh?"
The Shaykh : If this is a problem for you, and not just for Najib, then it is a big problem. But if it is only for Najib, 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 conversation is with you and not with Najib, is he a rebel or not?
The questioner : A rebel.
The Shaykh : More than a rebel, 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.
The Shaykh : He refused.[Al-Hujurat 49:9] 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 can it be acceptable from a Muslim?
The questioner : Now you say in the magazine that no one who says "There is no god but Allah" is to be killed.
The Shaykh : Who says that?
The questioner : In the magazine, in the interview with you.
The Shaykh : Which magazine?
The questioner : The magazine al-Mujahid.
Another questioner: In the Emirates last year, the interview with the Shaykh... Saturday, al-Mujahid.
The Shaykh : Yes, meaning I issue the ruling.
The questioner : Yes, exactly.
The Shaykh : Of course, because the scenario that was raised, and was also raised to me during this trip, is when a communist prisoner falls into the hands of the Muslims, and before he falls into the hands of a Muslim, he raises the banner of Islam and says, "I bear witness that there is no god but Allah." In this scenario, I say it is not permissible to kill him, because I will now say, suppose ten of these people, twenty, one hundred, two hundred, and so on...
...themselves are 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? Is it possible? So in that case, is it not possible to specify that everyone who says "There is no god but Allah" in this scenario, the previous possibility remains 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," so what is the matter with you that you killed 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 escape being killed." This is the answer of the Messenger (peace and blessings be upon him): "Why did you not split open his heart?" 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 everyone while there is a possibility that this one person said it out of belief and sincerity. This is the principle. But it is not permissible to handle the matter based on violating the Shari'ah and opening up possibilities against this legal ruling. Rather, the one who said this word 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 what we are obligated by Allah, without doubt, so we have no way but this.
The questioner : May Allah reward you, O Shaykh. One of the brothers went to a group of brothers in a place near them, and without being like prisoners or anything, he saw them performing wudu' in order to perform the prayer, and they did not fall into captivity or anything.
The Shaykh : Yes, this.
The questioner : So do we fight them?
The Shaykh : As long as they are fighting, my brother, may Allah bless you, the answer to this has already been given.
The questioner : They are fighting?
The Shaykh : As long as they are fighting the Muslims and they are rebels, the question has now developed: we fight them, we are done with this question. We fight them because they are rebels!
The questioner : We fight them because they are disbelievers, not because they are rebels!
The Shaykh : No.
The questioner : This is what we testify to Allah the Mighty and Majestic, that they are disbelievers.
The Shaykh : My brother, please, stand by something. We said these people are either disbelievers or rebels, is that not so? So when one of their prisoners falls into the hands of the Muslims, why are they killed? You said it was a story about Najib, and we testify that there is no god but Allah. Our answer is to establish the proof against these people: if you are truly Muslims, then you are rebels; otherwise, you are disbelievers. Then I say, as a belief I used to say in Syria and Jordan and still say, many Muslims, if they are communists or Ba'athists, they are not Ba'athists or communists out of belief, but out of immediate worldly interest. This is what we know in Syria and elsewhere.
Another questioner: ...
The Shaykh : And indeed they pray and fast, and so on, but the world is their trial, so we cannot say about every individual that he is a disbeliever. It is sufficient for us that they are fighting us, so we fight them. At the least, they are rebels, and now they have turned to prayer.
The Shaykh : Is this a problem for you?
The questioner : Yes, because now... the mujahideen are fighting them. How can they fight Muslims? And you say, "O Shaykh?"
The Shaykh : If this is a problem for you, and not just for Najib, then it is a big problem. But if it is only for Najib, 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 conversation is with you and not with Najib, is he a rebel or not?
The questioner : A rebel.
The Shaykh : More than a rebel, 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.
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 to be killed.
The Shaykh : Who says that?
The questioner : In the magazine, in the interview with you.
The Shaykh : Which magazine?
The questioner : The magazine al-Mujahid.
Another questioner: In the Emirates last year, the interview with the Shaykh... Saturday, al-Mujahid.
The Shaykh : Yes, meaning I issue the ruling.
The questioner : Yes, exactly.
The Shaykh : Of course, because the scenario that was raised, and was also raised to me during this trip, is when a communist prisoner falls into the hands of the Muslims, and before he falls into the hands of a Muslim, he raises the banner of Islam and says, "I bear witness that there is no god but Allah." In this scenario, I say it is not permissible to kill him, because I will now say, suppose ten of these people, twenty, one hundred, two hundred, and so on...
...themselves are 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? Is it possible? So in that case, is it not possible to specify that everyone who says "There is no god but Allah" in this scenario, the previous possibility remains 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," so what is the matter with you that you killed 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 escape being killed." This is the answer of the Messenger (peace and blessings be upon him): "Why did you not split open his heart?" 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 everyone while there is a possibility that this one person said it out of belief and sincerity. This is the principle. But it is not permissible to handle the matter based on violating the Shari'ah and opening up possibilities against this legal ruling. Rather, the one who said this word 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 what we are obligated by Allah, without doubt, so we have no way but this.
The questioner : May Allah reward you, O Shaykh. One of the brothers went to a group of brothers in a place near them, and without being like prisoners or anything, he saw them performing wudu' in order to perform the prayer, and they did not fall into captivity or anything.
The Shaykh : Yes, this.
The questioner : So do we fight them?
The Shaykh : As long as they are fighting, my brother, may Allah bless you, the answer to this has already been given.
The questioner : They are fighting?
The Shaykh : As long as they are fighting the Muslims and they are rebels, the question has now developed: we fight them, we are done with this question. We fight them because they are rebels!
The questioner : We fight them because they are disbelievers, not because they are rebels!
The Shaykh : No.
The questioner : This is what we testify to Allah the Mighty and Majestic, that they are disbelievers.
The Shaykh : My brother, please, stand by something. We said these people are either disbelievers or rebels, is that not so? So when one of their prisoners falls into the hands of the Muslims, why are they killed? You said it was a story about Najib, and we testify that there is no god but Allah. Our answer is to establish the proof against these people: if you are truly Muslims, then you are rebels; otherwise, you are disbelievers. Then I say, as a belief I used to say in Syria and Jordan and still say, many Muslims, if they are communists or Ba'athists, they are not Ba'athists or communists out of belief, but out of immediate worldly interest. This is what we know in Syria and elsewhere.
Another questioner: ...
The Shaykh : And indeed they pray and fast, and so on, but the world is their trial, so we cannot say about every individual that he is a disbeliever. It is sufficient for us that they are fighting us, so we fight them. At the least, they are rebels, and now they have turned to prayer.
