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The international union of the Muslims scientists : the judgement of the kidnapping and taking the hostages

 

While the text of the statement of the international union of the Muslims scientists follows around the legal judgments related to the kidnapping and the issued hostages taking in Shaban is 1425 ه - September 2004 م :

The kidnapping phenomenon and taking the hostages are not from the privacies of this age, but the human knew it in previous historical stages, but it became today a many in an attracting way, and that because of the big injustice following the nations the weak from the domineering powerful states, and to its non possession the weapon equivalent to the response of the aggression about it .And not some of the Muslims were resorting to these styles and expand them, leaving by that on the legitimate borders ; we have wanted by this fatwa the clarification of the legal judgments related to that and summarize them while follows :

First : the kidnapping he an aggression on the others whether was Muslim or not Muslim, and he is a kind of the oppression kinds that Allah forbade him and prohibited him with his saying : ( Allah orders the justice and the charity and giving the near relative, and it forbids the indecency and the evil and the oppression ) [ the religions : 90 ], and it is known that the order of the justice and the charity and giving the near relative is not restricted to the Muslims, then the forbiddance from the oppression is also a year to all of the creatures . And if the human nature was calling on him for Aladoan 's response when it falls on it, but Allah rose that permitted the response of the aggression by his like only : ( then who attacked you then you attacked him by like what attacked you, and you avoided to Allah, and know you that Allah is with the pious ) [ the cow : 194 ], ( and you fought for God's sake the ones who fight you and do not attack ) [ the cow : 190 ] and Allah that rose confirmed that the merely of the religious difference even if it entered the conflict stage it does not permit the aggression on the others . He said that rose : ( ..And they do not incriminate you ( oh they do not carry you ) the hatred ( any hatred ) of a people to they prevented you from the Holy Mosque that you attack ..) [ the table : 2 ] .

A second : the kidnapping is considered from the military works . He if he became permissible an exception during the emergence of an actual war,, it does not become permissible a launching beyond the limit of the war .

1- Al-Taabari narrated in his interpretation ( 26 / 59 ) about Mujahed he said : I accept a performer of Umrah Allah prophet Allah invoked peace upon him and his family and it ended prayer then his friends took a people from the sanctuary family negligent, then the prophet sent them that Allah invoked peace upon him and his family and ended prayer and that because he educated a performer of Umrah then did not consider himself in wartime with the polytheists .

2- As he did not approve the messenger that Allah invoked peace upon him and his family and Salma Bin Al Akoa 's kidnapping of four of the polytheists after the Treaty of Hudaibiyah as assumed by him accepted that the polytheists breached the reconciliation, and said Allah prayers and his greeting on him : they prayed to them that bears to them the start of the debauchery and bent it [ a Sahih Muslim ] .

The beginning with the debauchery from the polytheists manners and is not from the Muslims manners, and if to the Muslim the response to the debauchery by his like was permitted, then that is not just for the desire for the revenge, but she is an attempt of the prevention of the debauchery repetition and for his removal from the human relationships field, and the Koran has guided us to an optimum means for the prevention of the debauchery repetition, and showed for us that the pardon and the forgiveness are the sin oh it prevents their repetition : ( ..Pay kindly, if that between you and between it an enmity as if it is an intimate friend ..) [ she was explained : 34 ], ( and pay kindly the sin ) [ the believers : 96 ] and described the Muslims that they : ( they ward off by the bad good ) [ the thunder : 22 ] and [ the stories : 54 ] .

A reliance that we say : it the kidnapping of any human does not become permissible in not the actual state of war, and he at that time a prisoner of war is his killing but his fate do not becoming permissible to his release pieces : ( then or a bestowing after and or a redemption ) [ Mohammad : 4 ] . And in the first place the kidnapping of persons does not become permissible if they were opponents for our fight and sympathetic with us as the French journalists . And we denounce all kidnapping accidents that afflict a people no relation of them by the occupiers, and we demand their release immediately .

A third : in actual war emergence state, the kidnapping of the innocents does not become permissible or the civilians from the enemies who the direction of the military works does not become permissible against them .

And the civilians in the view of the Islam they, not the fighters from the women and the children and the incapable sheikhs who no opinion of them in the fight and also the monks . The messenger of Allah has forbidden Allah invoked peace upon him and his family and ended prayer about the killing of women and boys [ agreed ], and it said : you do not kill a baby [ Abu Daoud ] narrated it and it ordered Khaled Bin Al-Walid then said for him : they do not kill an offspring and no Asifa [ is right Ibn Magah ] 's Sunna . And Alasif is the worker . And he includes all who hires for the performance of services it is not connected with the fight as the workers in the factories, and the doctors and the workers in the hospitals, and their proverbs . As forbade the prophet Allah invoked peace upon him and his family and ended prayer about the killing of the mortal sheikh [ Ubay Daoud ] 's Sunna and about the killing of the monks and the silos owners who imprison themselves of Allah [ the code of an owner ] and [ the Jami' al-Usul ] and [ Ibn Ubay Shiba ] 's compilation . And the prevention of the monks killing fixed about Ubay Bakr, and Jabber Bin Abd Allah in Ibn Ubay Shiba 's compilation mentioned that they were not killing the polytheists merchants . And the scholars public from the Hanafi and the Malikia and the Hanbali has measured against these texts kinds another from not the fighters as the seat and the blind and the fool and a people in a house or a church they became monk and applied to them the chapter the crafts masterpieces [ of Lkasani is ] [ the singer of Ibn Qudamah ] and the workers and Alhrathin and the crafts peoples [ Aldsoqi 's entourage on the big explanation ] .And putting imam Al-Shawkani a clear officer of the measurement against the texts in this issue and he is the non permissibility of killing who he is not begged his benefit of the enemy, and no his damage on the Muslims [ the attainment of the desires to Lshokani ]

Accordingly we declare our condemnation of the detention of the children in Ossetie school, and their defamation of that hideous massacre despite our belief of the justice of the Chechen case, and the right of the Chechen nation in its self-determination . Also we declare our condemnation of the kidnapping of two Italian women that make a human organization account despite our condemnation of the attitude of the Italian government allied with the attacking American forces . All that and its proverbs do not become permissible originally from the legitimate side, besides that it is not from the resistance interest . And we should remember that the treason of the Bano Quraizah Jewish the Parties' Day to their time with the Muslims, in spite of all what in it from a hideousness, did not incite the Muslims to the killing of the children or the women or their exposure for any harm .

A fourth : if the kidnapping took place, during the actual fight, the kidnapped have become captive, and should deal within the legal judgments limits related to the prisoners, and we summarize them while follows :

أ - must be the delivery of the prisoner to the guardian so that he spends in it what sees, and so that I captivate it a hand is not on it, and have not a right in the handling of it .

By - from the legitimate duties, the kindness to the prisoners, and the charity to them, and their hospitality, and the provision of food and clothes of them, and their non torturing . He said that rose : ( and feed the food on its love needy and orphan and captive ) [ the human : 8 ], and it said that Allah invoked peace upon it and its family and ended prayer : they wished Balasara a good [ Al-Tabarani and its attribution narrated it a good ] . And he was narrated from the prophet Allah invoked peace upon him and his family and his saying greeted : they did good to your prisoners Wqilohm and water them [ the entertainment of the ears to Lmqrizi ] ; and his saying no they accumulated on them a heat this today and the heat of the weapon [ Fath Al-Bari ] . The messenger of Allah has ordered Allah invoked peace upon him and his family and his friends ended prayer a day of Badr that they are benevolent to Al Asara then they were presenting them on themselves at the lunch [ Ibn Katheer ] 's interpretation .

A are the fate of the prisoners in the Islam their release, or bestowing upon them for nothing or by ransom return they offer it to the Muslims . And the ransom may be a money, and may be an exchange with the Muslims prisoners, and have is a service they offer it to the Muslims, as it requested the messenger of Allah that Allah invoked peace upon it and its family and delivered from some prisoners by the pearls of group education from the Muslims the writing against their release the return food to Ibn Qim Algozia . For saying an Allah that rose : ( .. , if you met the ones who disbelieved then hitting the necks, even if you weakened them then strengthen the bond, then or from us after and or a redemption until the war ends their sins ..) [ Mohammad : 4 ] and he has made the messenger of Allah that Allah invoked peace upon him and his family and accepted this verse that his receiving of Allah is to him .

And many of the scientists believe in the non permissibility of the prisoner killing originally . Ibn Roshd said at the beginning of the diligent : and said a people : the killing of the prisoner does not become permissible . And Al-Hassan Bin Mohammad Al-Tameemi narrated that he is the Companions' consensus . And Ibn Kathir said in his interpretation : and said some of them : but the imam free to choose between the bestowing upon the prisoner or Mfadath only, and his killing does not become permissible . And Alalosi said : and the verse outside : the abstention of the killing after the capture and by him Al-Hassan said .

A reliance that we say :

The prisoner only an exception kills and by the decision of the guardian according to a sentence . And that the militants groups working in the scope of the resistance against the occupation in Iraq or in other, do not enjoy the guardian authorities, a surplus about what results from the killing of the prisoners from a great damage that catches the resistance herself, and it deforms the fighting Iraqi nation case . And therefore, we declare our condemnation of the killing of the Nepalese and others from the hostages who did not carry out combating works originally, and if it was correct that they offered services of the occupying forces then she does not justify their killing of a Sharia .

A fifth : the detention of the civilians does not become permissible from the enemies as hostages and their threat of the killing, because of a work that it commits or others abstains from it, and is not responsible for it, and its prevention does not enable them ; as happened at the detention of children and teachers in Bislan school in North Ossetia .And that to two reasons :

The first : amongst the most important rules of the justice between the people that that he does not ask about the work of another, one of, and that he does not punish on a crime that other committed . This legitimate rule that the Holy Quran confirmed in many of its signs . He said that rose : ( and each soul except on it gives ) [ the cattle : 164 ], ( and she does not bear and another sin supported it ) [ the Night Journey is 15 ], ( from a good deed then to himself it, and who did wrong then on it ) [ it separated 46 ], ( ..Who makes a badness it is rewarded with it ..) [ the women are 123 ] .

And he has confirmed the messenger of Allah that Allah invoked peace upon him and his family and delivered this rule in many of his talks from it his saying : it does not reap a guilty except on himself [ Ibn Magah ] narrated it, and his saying : no the injustice of a breath towards another [ the feminine and Ibn Magah ] narrated it . And some of the talks have allowed the prevention of the promisor killing from other than the Muslims as its saying Allah invoked peace upon it and its family and ended prayer : from a killing a breath a treaty without their solution Allah prohibited on it the paradise that it smells their smell [ the feminine narrated it ] .

The second : that it until in the state of the actual war, the civilians may be exposed to the killing because of the military works, as if a raid on the enemy camp fell then it was right who he close to it .And the scholars have allowed that when it falls unintentionally, as for she means the killing of the civilians that prevented the Islam from their killing then this does not become permissible, if it was meaning the civilians by the enemies with the killing not possible during the battle, then how their killing becomes permissible by a cold blood and they are prisoners؟

And he is not from the Muslims manners that Ytdnoa is to doing what the occupation forces do from a non civilized behaviour, consists in the killing of tens of thousands of the Iraqi civilians from the women and the children and the sheikhs under the pretext of hitting the resistance .

And the duty on the Muslims all of the commitments by the legal judgments that summarized them in the past its showing .

And Allah is Glory be to Him a more knowledgeable ."

The international union to the Muslims scientists

Shaban is 1425 ه - September 2004 AD

 

 

 


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