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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Who is the martyr in reality and in ruling?

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The Shaykh : The confrontations that occur between the state and some individuals of the Muslim people—and I correct myself to say: between the state that does not rule by what Allah has revealed and some individuals of the people who demand that the state rule by what Allah has revealed. The casualties that occur between the two sides do not include anyone who can validly be called a martyr. This is because martyrdom is divided in the Shari'ah into two categories: true martyrdom and ruling-based martyrdom. As for true martyrdom, it is the Muslim who leaves his home or his country to fight in the cause of Allah, seeking nothing behind that except the reward of Allah, and seeking nothing but that the word of Allah be made supreme. So, whoever leaves his home or his country with this great intention and is killed in the battle, he is a martyr. He is the martyr in reality. He is the one who is not prayed over, and he is buried in his clothes without being shrouded, unlike what is obligatory for the rest of the Muslim dead, which is the obligation to pray over them as a collective obligation (fard kifayah), such that if some people perform it, it drops off the rest, and to shroud them and bury them in the Muslim cemeteries. As for the martyr in reality, as I mentioned earlier, he is the one who dies on the battlefield. So, he is not shrouded, not washed, not prayed over, and not buried in the Muslim cemeteries, but rather at his place of death, in the location where he was martyred. This is the martyr in reality. There is another type of martyrdom that the jurists call martyrdom by ruling, not in reality. These are many categories, and very many indeed. The Messenger of Allah (peace and blessings be upon him) said:
Whoever dies from a belly ailment is a martyr من مات في بطنه فهو شهيد
The meaning of "belly" here is severe diarrhea or abdominal distension such that the cause of his death is this. He is a martyr, but he is a martyr by ruling, not in reality, meaning that he is treated as all other Muslims are treated: he must be washed, shrouded, prayed over, and buried in the Muslim cemeteries. And so on, there are many types. Until he (peace be upon him) said: "Whoever drowns is a martyr. Whoever dies under a collapse is a martyr. Whoever dies of tuberculosis is a martyr. A woman who dies while pregnant because of this pregnancy, or while giving birth and dies, all these types are martyrs. But these are martyrs by ruling, and their martyrdom is not true martyrdom." The last example I mention is his saying (peace and blessings be upon him):
He who died in protecting his property is a martyr. من مات دون ماله فهو شهيد
Sahih Muslim 141a
These people about whom you are asking do not qualify for true martyrdom, nor even for martyrdom by ruling. We advise them, and we know from them that it is jealousy that compels them to resist the oppressor with their own eyes. Do you understand this statement? They resist the oppressive material power with weapons that do not fatten nor satisfy hunger. We advise these people not to contradict the guidance of the Prophet (peace and blessings be upon him and his family) and his Sunnah in establishing the Muslim land and setting up the Muslim state on the Muslim land. What did the Messenger of Allah (peace and blessings be upon him) do? Did he first call people to worship Allah and avoid [shirk] by using weapons, arrows, spears, and swords? The answer is no. But as you know, and the matter does not require much detail, he began the call from Makkah and continued with it for about thirteen years. He and his companions faced what they faced of harm and damage from the polytheists, until permission was given for them to migrate to Abyssinia twice. Then he (peace and blessings be upon him) migrated to Madinah, and there he began to establish or lay the foundation for the Muslim state. And so, it is obligatory upon the believing group, the victorious group about which the Messenger of Allah (peace and blessings be upon him and his family) spoke in the authentic hadiths when he said:
A group of people from my Umma will always remain triumphant on the right path and continue to be triumphant (against their opponents). He who deserts them shall not be able to do them any harm. They will remain in this position until Allah's Command is executed لا تزال طائفة من أمتي ظاهرين على الحق لايضرهم من خالفهم حتى يأتي أمر الله
Sahih Muslim 1920
It is obligatory upon this victorious group, on the one hand, to be patient with the harm that others inflict upon them, and to be patient with the tyranny that befalls them from the rulers and from those who rule among these rulers, such as the army and the police, and the like. And they should not hasten things before their time. They should not hasten for victory before taking its causes, for it was said long ago: "Whoever hastens a thing before its time is tried with its deprivation."
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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