What is your opinion, O Shaykh, regarding those who die in the occupied territories? It has been widely reported that you say they are not martyrs.

The questioner : What is the ruling of the religion, O Shaykh, regarding those who die in the occupied land? Especially since it has been reported about you, and... that... the Shaykh says they are not martyrs, and he spoke about them in this manner.

The Shaykh : Before answering the question, the question must be corrected.

The questioner : Yes

The Shaykh : Because it is a common error, to the extent that it is heard on radio stations, and even on some religious radio stations, to say, "O 'Azmi, it is not permissible to say 'What is the opinion of the religion?' Rather, if one must use the word "opinion," one should say, "What is the opinion of the Shaykh." But if one attributes the opinion to the religion, that is a clear error. The correct thing is to say, "What is the ruling of the religion?" The religion does not have an opinion, because the religion is from Allah (Mighty and Majestic), but the opinion comes from some scholars who exercise independent legal reasoning and are subject to being right or wrong. In that case, one says, "What is the opinion of so-and-so?" But "What is the opinion of the religion?" is a common error, and the correct thing is to say, "What is the ruling of the religion regarding such-and-such?" After this correction, I say: Every country occupied by the disbelievers, upon which the system of the disbelievers is imposed, the people are to respond by migrating to the Islamic land, for whoever is able to do so. This is regarding residing in the land occupied by the disbelievers. As for those who fight there, the answer in that case is: We say that martyrdom requires two conditions. The first condition is that it be under an Islamic banner, and that it not be issued from chaos without order. What is called today the Intifada is, without a doubt, an uprising that has no leader and no responsible party. Therefore, we do not see, and we say we do not see, such an uprising for which the necessary means have not been taken, so that a good ending is expected for it. Even if we suppose that there is a jihad, meaning a true one, as is the case, for example, in Afghanistan, where the possible preparations were made for it, not everyone who falls in battle is considered a martyr, and even less so if he is wounded in battle and then dies outside of it. The martyr is the one who fights in the path of Allah (Mighty and Majestic), not in the path of the land or in the path of the homeland, as they say in this age. It was narrated in Sahih al-Bukhari from the hadith of Abu Musa al-Ash'ari that a man said: "O Messenger of Allah, is the man among us who fights out of tribal loyalty in the path of Allah?" He said: He said: "Is the man among us who fights out of bravery in the path of Allah?" He said: He said: "The man fights for such-and-such." He said: They said: "Then who is in the path of Allah?" He said: Therefore, it is obligatory for the one who strives and fights the disbelievers in a Sharia-compliant jihad to make his jihad sincere for the Face of Allah, seeking nothing beyond that, no reward, no gratitude, no homeland, no leadership, and nothing of the matters of this world. It is authentic from the Prophet (peace and blessings be upon him) that he said: I should not say, as people also say in error, "As a Muslim." Rather, I say in my capacity as a Muslim: It is obligatory that one not assume that every person who goes forward to fight the disbelievers is a mujahid in the path of Allah. It must be, as I mentioned at the beginning of this speech, under an Islamic banner and an organized jihad for which the possible preparations have been made, as our Lord (Mighty and Majestic) said in the Noble Qur'an: The presence of our Palestinian brothers in their land today, under the oppressive Jewish colonialism, is most similar to the situation of the early Muslims in the first period, the Meccan period in Makkah. Many of the Companions in that time could have attacked the senior disbelievers of Quraysh gathered in the shade of the Ka'bah and killed some of them, then gone as a martyr, or I say, a casualty. But from what we know of the biography of the Messenger (peace be upon him) and the history of his noble Companions in the first period, the Meccan period, nothing of that occurred.
Another questioner: ...

The Shaykh : Why? Because the matter is as said in old Arabic poetry: "Opinion is before the bravery of the brave *** It is the first, and the place is the second" Therefore, a Muslim should not get involved and show his bravery by facing bullets and bombs, and other destructive means of the present age, with stones. This is not of the preparation that Allah has commanded. Therefore, in my opinion, it is obligatory for the one who is in that land, and in lands similar to it that the disbelievers have occupied and colonized, to do one of two things. The first matter is to migrate in the path of Allah, as He the Exalted said: And if the other option is that they are compelled to stay in their homes for one reason or another, they must prepare. The first preparation is more important than the second. The first preparation is understanding Islam correctly and caring to apply it to oneself, one's family, one's relatives, and one's neighbors. The second preparation is material preparation within the limits of the capabilities that their restricted situation with the Jews allows. As for receiving encouragements or signals from some quarters to revolt, and to revolt against precise, sophisticated weapons with stones, this, in my opinion, is throwing one's soul into destruction, and this is prohibited. This is my answer to that question. Perhaps I have covered it with an answer.

The questioner : May Allah reward you with good.

The Shaykh : And you as well.