Civil War in Gaza? - An Assessment of Recent Events and their Potential Consequences
It is in this manner that the members of ahlhus sunnah waljammah understand that a person who rules by
other than what All...
leadership, are calling to a dangerous path. While the actions of Hamas against Jund Ansar Allah are without a
doubt horri...
a new law and attributes it to the Shari`a or he makes his own fabricated Shari`a. Allah (SWT) says, “Or do
they have part...
implement the shariah, but in matters of takfir the default ruling is Islam and the proof must be absolutely
4. A Muslim by himself and a kaafir by his group – this is the position that is actually being taken by those
making takfi...
Shaykh Muhammad Isaam al-Maqdisi may Allah preserve him says within his most recent release,
“Would you kill a man for onl...
Indeed in countries like Jordan and Egypt where there are very strong Islamic political parties, support for Islam
has bee...
by corruption that presently afflicts the ummah in Palestine, by ruling on behalf of the people instead of
exploiting them...
Hamas has brought back commitment to Islam within Palestine and without a doubt has inspired many others to
do that same, ...
Bank all while suffocating Gaza. Thomas Friedman, author of The Lexxus and the Olive Tree, stressed in a
recent NY Times O...
jihadi resistance. Divided they will join the fight against them as we already see happening with the threats and
Palestine live in has very real and oftentimes violent consequences. This is not to say they have no faults but is
to say ...
of an Islamic Emirate. The same will most certainly be true of Hamas once the manipulations of the democratic
process beco...
that has become an operative of Western interests in order to feed its own bellies. This ummah has had enough
of that situ...
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Civil War In Gaza Final

  1. 1. Civil War in Gaza? - An Assessment of Recent Events and their Potential Consequences REVOLUTIONMUSLIM.COM Asalaamu Alaikum Wa-Rahmatullahi Wa-Barakatu Authors Note: There is a need to clarify a few things before starting this article. The purpose of this article is to express our personal, humble opinions based on the evidences and to, inshallah initiate a series of mental processes within the ummah living in the West that may advance its capabilities to conduct critical analysis that may help improve the ummah’s condition to a degree that allows us to address one of the most pressing needs facing the sincere ones working for Islam today, that being the ability to understand the world the way that it is and not necessarily the way that way we want it to be or imagine it to be in our minds. Within the personal conversations and general sentiment at there is, it seems to us, a sensible identification that our Islamic audience tends to categorically classify people in terms of the groups they associate with. Thus, Muslims are quick to pronounce all “Madhkalis” as murjia or all “Sufis” as deviants. While categorical grouping holds an important position and is invariably a component of looking at the world through an Islamic lens (i.e. the ahaadith of the sects in the ends of times), it is also important to understand that we reserve as a prerequisite the necessity that an individual be analyzed individually even if he is seen associating with, sitting, defending or promoting the ideas of any group before being labeled any derogatory term, especially with regard to takfir. This principle was masterfully covered by Shaikh Al-Islam Ibn Taymia (RA) in where he said, “And the sayings, which whoever says them, disbelieves; it may be that that the man did not posses the texts which are required to understand the truth (or maybe they) did not reach him or he might have them but he did not consider them acceptable or he may not have understood them correctly or he may have misunderstandings that Allah will excuse. So whoever, from the Mu’mineen, is a Mujtaahid but makes an error, then surely Allah will forgive his error, whoever he may be. (This applies) whether it is in matters of belief or matters of deeds. This is what the Sahabah of the Messenger of Allah (SAWS) and the majority of the leaders of Islam are upon. And they do not divide matters into matters of Usool (foundations), that he who negates it (automatically) disbelieves or into Faruu’ (branches) that he who negates it never disbelieves...And the general curse does not always implicate the cursing of the specific individual (because) that (person may) have something that prevents the curse from applying to him. And like that, are the general Takfeer and the general threats of punishment. Based on this, the general threat of punishment in the Book and the Sunnah, is made subject to the precondition of the establishment of conditions and the elimination of all the defenses (of that individual).[1] And so it is understood that we must always look at actions in context, statements according to what the speaker was informed of and aware of and erroneous concepts of belief or actions of kufr in regard to whether or not preventative factors for takfir exist. It is also emphasized that differences in opinion may be forgiven by Allah (SWT) and that the deen is much more complicated than making general and absolute rulings based on the texts. 1
  2. 2. It is in this manner that the members of ahlhus sunnah waljammah understand that a person who rules by other than what Allah (SWT) has revealed can have committed Kufr Al-Akbar, which takes you outside the fold of Islam, and another who rules by other than what Allah (SWT) has revealed can have committed Kufr-Al Asghar, or the sin that is a major issue and sin but does not make you a kaffir. It is only when someone has said or committed one of the nullifiers of Islam that the individual must be scrutinized and investigated and then only by the mujtahid and never, ever the lay person unqualified in deriving meaning, declarations, or explanations from the texts alongside knowledge of the reality in which they occurred. That being said, we would like to make it very clear and apparent that we are not calling for the support of any group, and are not asking anyone to “pick a side” with regard to the forthcoming matter. We are also not criticizing nor slandering any of our respected brothers or sisters in Islam. We are calling for reconciliation, adherence to Quran and Sunnah, and speaking the truth even if it is bitter. Indeed, this ummah is like one body and wherever a part of it hurts the rest is affected. There is no greater example of this today than in Palestine, home of Bayt al-Maqdis and at the heart of what was once dar-ulsalaam. It is in this spirit that this message is written. A message that will become clear as you, the reader, continue on through it, inshallah. JazakAllaahuKhair O’ Zealous Youth: There is nothing more beautiful than to see the youth of this Ummah work in the cause of Allah subhana wa ta’alaa with zeal and enthusiasm. However, at times we have seen this also work to the disadvantage of the cause. This is mainly due to the actions of over-zealous youth who oftentimes incorporate more a reactionary understanding and method rather than one which is logical and that relies solely on the Qur’an and Sunnah of the Prophet sallallahu alayhi wasalam and that follows the advice of the knowledgeable from amongst us. This is harmful not only to the cause of advancing the objective of establishing the Islamic State and shariah and to the people at large, but also potentially to themselves in both this life and in the hereafter as it divides the ummah in a day and age when unity is of utmost importance. Allah (SWT) says, So by mercy from Allah [O Muhammad], you were lenient with them. And if you had been rude and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him]. [3:159] Al-Hasan Al-Basri said that this statement, “so by Allah you were lenient with them” indeed, is the description of the behavior that Allah sent Muhammad (SAWS). And Allah (SWT) warns of splitting up into sects claiming, “and be not of al-mushrikeen, of those that spilt up their religion and became sects, each sect rejoicing with that which is with it. [30:31-32]. We are told in numerous places in the Quran to incline toward giving our brothers mercy and the benefit of the doubt and to beware of splitting up into sects and separate parties. However, with the recent events that took place in Gaza, we have also seen the rise of an over- zealousness that has led to the promoting of this type of behavior. While those calling for retaliation for the murder of Imam Abdul Latif Moussa in Gaza have sincere intentions, the consequences of the implementation of this call may cause more damage, and create more fitnah than what is already present. Already, a jamaat, ‘Islamic Swords of Justice’ posted a message on a jihadi forum saying, “We tell our people who witnessed this crime that this is not over, and war is on its way… We call on people to stay away from mosques attended by leaders of the infidels Ismail Haniyeh and the ministers and legislators of his government, who legislate against the will of Allah.[2]” And as of the press release of this article, two Hamas security compounds were bombed in Gaza, apparently in the first of what seems to be the initiation of a civil war amongst these two rival factions.[3] This will only advance the causes of the occupiers and betrayers, and will set the stage for a number of exploitative endeavors that may witness the real enemies of Islam in Gaza, the Israeli agents or the Fatah movement, conduct covert operations and set off a series of violence that pits Islamic factions against each other or that witnesses the bombing of a mosque or government building that can then be blamed on a separate party and utilized to set back the serious advances we have seen take place there over recent years. The laymen who have felt the need to take the responsibility upon themselves to declare takfeer (i.e. expelling someone(s) from Islam) on the ruling organization of Gaza known as Hamas and particularly its 2
  3. 3. leadership, are calling to a dangerous path. While the actions of Hamas against Jund Ansar Allah are without a doubt horrible and should most definitely be condemned, the primary question that must then arise is: “Are the actions of Hamas worthy of takfeer based on the evidences from Qur’an and Sunnah”? Now some, at this point, may say: “Brothers how could you think anything other than that they are disbelievers?!” “Do you not have any wala (i.e. love and loyalty) for the Mujahideen and Salafi Jihadis of Palestine?!” Our love for the Mujahideen and those within the Salafi Jihadi movement (insha’Allah we include ourselves within this movement) thrives and is great, and we will testify to that in front of Allah on the Day of Judgment, insha’Allah ta’alaa. However, as believers in the religion of Allah subhana wa ta’alaa and followers of the Prophet Muhammad sallallahu alayhi wasalam we do not rely on emotions to help us in our judgment, instead we rely on Islam. This means going to the Qur’an, the Sunnah of the Prophet sallallahu alayhi wasalam, the sayings of the Salaf, and the opinions of the trustworthy scholars. This is what we must do with this heartbreaking conflict between our brothers of Jund Ansar Allah and Hamas. By going back to the scriptures and authentic evidences, we will be able to undo the damage already done and the damage potentially forthcoming in the future by the over-zealous. We will go through this conflict point by point and leave with a final reminder to ourselves and others insha’Allah ta’alaa. Has Hamas Earned Takfeer? We are hoping that our dear brothers and sisters who have been reading this article have noticed a reference to those who have made takfeer on Hamas as over-zealous youth. This is because it is they, the over- zealous youth, who are the ones who have made takfeer on Hamas while, to this point at least, absolutely none of those mujahideen or scholars that support and have contact with the mujahideen have done so. In fact, it has not come to our attention that one person of credibility who those among the Salafi Jihadi movement consider a leader has made takfeer on Hamas even after these most recent events? Yes they have openly criticized Hamas and advised them to correct the base of their organization but they have yet to declare takfeer. Abu Muhammad Maqdisi himself has been criticized for this but repeatedly warns to beware of takfir at this juncture and works rather to correct Hamas in their deficiencies. For the laymen to override leadership that has been consistently correct and that has brought the salafi jihadi movement to the stage it is in today is unacceptable; Ibn Tayimiyyah (RA) emphasized the necessity of including knowledge of the situation when legislating on matters of jihad where he said, “In the matters pertaining to Jihad, it is obligatory to take the opinions of the people of correct Deen [scholars], those who are experienced with that which is effecting the men in their daily lives, and not those who look at the superficial aspects of the deen, their opinions should not be looked at, nor the opinions of those people of the deen who do not have any experience in the worldly affairs (Al-Ikhtiyaaraat ul-Fiqhiyyah, 311).” It is apparent that the deficiency of knowledge about current affairs plagues this ummah consistently. It is the zealousness of the ignorant one that leads to an inability to look for the gray and to see the world in a black and white way that prohibits the development of a salafi jihadi mindset that can gain the tacit and implicit support of the Muslims today. However, the leadership understands this and therefore should be listened to and obeyed at this juncture. We are in a delicate time where pendulums are shifting and momentum is gradually accelerating on behalf of the mujahedeen, a set back at this stage could prove critical and we would like to see the continued progresses of this ummah so that her people can regain the glory of yesteryear. Let us look towards The Noble Qur’an: Refer to Surah Al-Maedah (5) verse 44, the oft-quoted ayah, those who rule by other than what Allah (SWT) has revealed are al-kaffirun… The allegations against Hamas are that they do not rule by all of what Allah has revealed and implement the shariah in its totality and that due to this they are al-kaffirun. The concept here is referring to the term Istibdaal, the kufr of replacing the Shari`a. We will see that this concept has three manifestations as have been listed by Shaykh Ibrahim ibn Muhammad ibn Ibrahim[4] who sites firstly that Istibdaal can represent replacing the law of Allah with man-made law. This is where someone actually legislates 3
  4. 4. a new law and attributes it to the Shari`a or he makes his own fabricated Shari`a. Allah (SWT) says, “Or do they have partners for them legislating a religion that Allah did not give permission for at all. Had it not been for the word of decision and decree, the matter between them would have been judged. And truly, for the oppressors is a torturous punishment.” Allah (SWT) also asked those who want to legislate or even head for the false legislators ‘Is it the legislation of the Jaahiliyyah (Days of Ignorance) that they seek? And who is better in judgement than Allah for a people who are certain?!’ The second manifestation is denying that Allah’s law is applicable today. Like the modernists they may say, “This punishment doesn’t fit the present age,” however Allah (SWT) says, “Is it you believe in a part of the book and you disbelieve in another part?! Then what is the reward for the one who does that except disgrace in this life and on the Day of Judgement? They will be subjected to a worse punishment and Allah is not unmindful of what you do. They are those who have purchased this life with the Hereafter. The punishment will not be lightened for them nor will they have any help.” Essentially, this is disbelief in one law while believing in another. The third manifestation is denying the law of Allah (SWT) and renouncing it with the limbs or the tongue. This is when someone fails to judge by what Allah sent down all of the time with regard to a clear cut principle of the deen. This third type of Istibdaal is covered by the ayaat from Maida where Allah (SWT) says, “And whoever does not judge by what Allah sent down, then they are Kaafirun (unbelievers),” “And whoever does not judge by what Allah sent down, then they are Zaalimun (oppressors), “And whoever does not judge by what Allah sent down, then they are Faasiqun (rebellious sinners).” And here we must differentiate as there are two types of kufr regarding these ayaat that the mujtahid must discern by looking at the evidence and making a determination; if someone is ruling by the Shari`a and he should refuse to hand out a Shari`a punishment in one instance due to the fact that the guilty party is his family member or is under a circumstance by which in a particular instance he cannot implement a sharii principle, than this is what we call kufr duna kufr (a kufr less than kufr), a minor kufr that does not take one from the fold of Islam… But when the person actually changes the rule, not just for that one person or under that circumstance but for all times to come, this is major kufr or Al-Kufr. If he goes and even invents a stipulation in the existing Shari`a law, this is a kufr fawqa kufr (kufr above kufr), a major kufr without doubt. While Hamas at times has ruled by other then Shariah in a few matters, they have never put in place an actual organized law that would substitute for the Shariah (i.e. Islamic law). We could also look to the fatwa of Shaykh Muhammad ibn Ibrahim raheema’Allah which puts it all into the correct perspective. Shaykh Muhammad ibn Ibrahim says: "As for the saying: 'Kufr Duna Kufr' (i.e. minor disbelief; does not expel a person from Islam) when a ruler judges by other than what Allah has revealed (i.e. Shariah), knowing full well that he is sinful and that the rule of Allah is the truth, then this is used when they do this once or similar…… This is the first half of the Fatwa and I want to stop here to explain exactly what it is the Shaykh is saying. He is explaining that ruling by other then what Allah has revealed is ONLY Kufr Duna Kufr, or minor disbelief that cannot expel a person from Islam, if the ruler does it once or something similar (i.e. if they are under pressure or some other factor). Let us look at the second half of the fatwa…… But as for the one who makes organized laws and forces others to follow it, then this is Kufr (i.e. disbelief; apostasy). Even if they say, "We're wrong and Allah's law is better.[5]" Has Hamas done this? The reality is that while Hamas may have ruled by other then what Allah revealed they have yet to implement a system other then Islam in the Gaza strip. Certainly one must only look at the Charter for Hamas to realize that with the tongue they claim their Islamic mindset: It is said in The Hamas Charter, Part 1 : Knowing The Movement; Article 1: The Ideological Aspects: “The Islamic Resistance Movement draws its guidelines from Islam; derives from it its thinking, interpretations and views about existence, life and humanity; refers back to it for its conduct; and is inspired by it in whatever step it takes.” So we see that Hamas claims, even if it makes mistakes, that it derives its organization structure from Islam ‘in whatever step it takes’. With regard to its actions than we must investigate further as the Shaikh said, “Even if they say, we are wrong and Allah’s law is better.” This is not a defense of Hamas hesitancy to 4
  5. 5. implement the shariah, but in matters of takfir the default ruling is Islam and the proof must be absolutely overwhelming. We see that they are making strides to improving the status of the shariah in Gaza by getting more judges and emphasizing more of the bases of the shariah and we also must remember to seek excuses for our brothers in Islam. This article will attempt to explain that Hamas has not yet broke the fundamental rule by implementing an actual organized law instead of the Shariah or replacing one of the laws, thus their actions are at best, Kufr Duna Kufr (i.e. minor kufr) and not al-Kufr (i.e. disbelief; apostasy). Their coming to power through political participation was only to preserve the gains they had made after a generation or two of complete misguidance. Even a step toward the implementation of shariah meets mass resistance and the record is actually quite clear that Hamas does indeed derive its opinions, however faulty they may be, from Quran and Sunnah, and so if our leaders have not made takfeer on them and the evidences show their actions only as kufr duna kufr, then we cannot possibly make takfeer on them as laymen. So simply referring to the ayah from Surah Maida and pronouncing takfir with regard to istibdaal is more difficult than the black and white mindset of the right-wing component of the salafi jihadi movement would like to believe. And so far we have seen that it can be minor or major kufr and that that determination must be made by someone qualified and knowledgeable and as Shaikh Al-Islam Ibn Taymia informed us, one that should have a good understanding of the current events. So we ask for the credentials and qualifications for this takfir and we ask for the evidence that suggests that Hamas has replaced Allah’s law in general legislation without a preventative factor? Indeed, in 2006 when Hamas ran for elections and won on a platform that they were an Islamist party that would implement shariah gradually and continue to work on replacing the mindset of Palestinians from one of nationalism and socialism to one of Islamic identity, no one made takfir, except for the khawarij which make takfir on all but 10 people in the world. Their platform remains the same today, yet suddenly some from amongst the Muslims are ready to shed blood. To this we ask, what if they had simply sat back and let Fatah control what they call Palestine in 2006. Understanding this requires knowledge of the circumstances in which Hamas’s actions occur and therefore the rest of this article will review that existence and inshallah show the great turmoil and tribulation, those we consider to be our brothers in Hamas, exist in everyday and the clearly Islamic efforts that they engage in. It is certainly true that Allah (SWT) judges a human being not just by himself, but by his group. We would like the brothers and sisters to understand that Allah (SWT) has made for each person two rules with regard to his belief. One rule is the judgment concerning him as an individual; another rule is concerning his group or the group who he or she is putting his energy into, following, and consuming time with. Thus there are four classifications for an individual: 1. A Muslim by himself and by his group as well. These are the people who do the five pillars and they believe in Islam. They obey Islam according to their ability. They also work and are loyal to a guided group. Examples are the Sahaaba from the immigrants and the helpers, the Muslims as individuals under the khilaafa (the Islamic governing body) who were ruling by the Shari`a, even though the Khalifa (Muslim ruler) might be doing some oppression. The Shari`a was intact in totality for the majority of the period from the time of the Prophet (SAWS) until the destruction of khilafah in 1924 and the Prophet (SAWS) informed us that there would always be a victorious sect, upon the way of the sahaba and the salaf and waging jihad in the way of Allah (SWT)[6] 2. A kaafir by himself and a kaafir by his group - the likes of these are the people who don’t do the apparent of the religion, either because they are the original kuffar or they are apostates. This is a bold claim and is essentially the claim that some of those making takfir on Hamas have to make if they are going to take the blood of Hamas as an entity indiscriminately, thus making it a kaffir group and the individuals associated with it as kuffar for defending it, thereby justifying revolt and rebellion against them altogether. 3. A kaafir by himself and a Muslim by his group. - the like of whom would be a person who is showing Islam, but his heart has the kufr of hypocrisy. He is part of a guided group that is supporting Allah, His Messenger and the believers. However, he deceives that group and is looking for chances to destroy it form the inside, all the while he has the apparent `ibaadah (worship). All groups contain these individuals, and that is why a large portion of the Quran refers to the hypocrites and identifies their traits so that they may be identified and so that preventative measures can be taken to minimize the effect of their hypocrisy. 5
  6. 6. 4. A Muslim by himself and a kaafir by his group – this is the position that is actually being taken by those making takfir on Hamas in that they are saying the groups calling to kufr and the leadership are kuffar but the individuals associated with them may not be. This thinking has led to much fitnah in the past. A Muslim here is amongst the disbelievers or associated with a kaffir group but is himself dedicated to Islam. This state is proved by incidents that occurred during the time of the Prophet (SAWS) (for example the Muslims that remained with the people of Taif when they refused to abolish ribaa and the catapults rained down on them indiscriminate damage, or the story of Hatib (RAA)) and the rightly guided khulafah (Muslims living amongst tribes that wouldn’t pay Zakat). It occurred as well in the times of the Tatars, when they entered the Muslim lands, and the Muslims were mixing with kuffar and vice versa. In fact, this is the situation of the Ummah now. These kinds of Muslims might be good Muslims, as an individual with regard to worship and obligations, but their allegiance with the enemies of Islam and the mujahedeen place them amongst the kaffir groups of nationalism, secularism, and other ideologies and therefore under the shariah they are judged like the kuffar[7]. It is thus permissible to attack the group despite some of its members being in Islam, but their allegiance must be to the defenders of baatil, but we will see this clearly does not apply to Hamas. We need to identify what the status is with regard to these four categories for Hamas as a result of an investigation and it should become clear therefore that the process of categorizing Hamas and individuals associated with it, is therefore complex and harder than simple denunciation and immediate blanket takfir. We pause here to include a statement from the noble Shaikh Hameed Al-Ali, a senior alim in Kuwait who stressed that the "Gaza Strip is now under the direction of the Islamic Movement (Hamas), do not doubt its sincerity, as it is also known of its honorable jihad, sacrifices and lengthy contributions in the history of the Palestinian Islamic Jihad.” He also pointed out that the "Hamas" movement did not choose the political movement but was forced to it; to protect the resistance, and the continuation of the route, in the absence of a waiver of the fundamentals of the nation and the path of liberation and to uphold the legitimate rights[8]” This is a pragmatic example of thinking by someone that has forever been a voice of reason and that is highly admired by the great Mujahid Osama bin Laden. It is a much more constructive outlook. If you read the rest of Shaikh Hameed’s stance you notice that he also doesn’t criticize the members of Jund Ansar Allah, but rather the fact that their actions will only benefit the enemy. This is a position we also agree with and ask the reader to take some time to reflect on before proceeding. So What Exactly Is Happening?: The reality is that this is a fitnah and what could possibly become a civil war, Audhu’Billah. Look to The Noble Qur’an Surah Al-Hujraat (49):9-10: “If two groups of believers fought with each other, you shall reconcile them. If one group aggresses against the other, you shall fight the aggressing group until they submit to Allah’s command. Once they submit, you shall reconcile the two groups equitably. You shall maintain justice; Allah loves those who are just. The believers are members of one family; you shall keep the peace within your family and reverence Allah, that you may attain mercy.” We see from this verse both Hamas and Jund Ansar Allah could see themselves as justified in their actions. Both of the groups felt wronged by the other and that the other was not correctly serving Allah and the believers. Jund Ansar Allah believed that Hamas was not a legitimate Islamic Movement and that it’s leadership should be replaced. Hamas felt that Jund Ansar Allah was unjustified in their declaration of takfir and rebellion and were being hypocritical claiming that Jund Ansar Allah refused to assist in the recent Gaza Holocaust against Israel, Allaahu’Alim. The point is that perception is reality, meaning everyone thinks their worldview is the truth… in this case, however, the example is not so black and white. While there are many other ways Hamas could have handled the situation, their action according to the Quran for a group with power was permissible. Now it is for them and all to work toward reconciling the two groups before this fitnah becomes major civil war. We just do not see the benefit of continuing aggression. This is indeed a fitnah and a saddening event in our present history. This is something which our leaders and the trustworthy scholars warned against and hoped would not happen. This fitnah and possible civil war insha’Allah will be ended and avoided. Allah says in Surah As-Saff (61):4, “Command to fight united and that Allah loves unity of the Mujahideen, not civil war.” 6
  7. 7. Shaykh Muhammad Isaam al-Maqdisi may Allah preserve him says within his most recent release, “Would you kill a man for only he says: MY LORD IS ALLAH”, where he addresses this conflict specifically, “We have tried earnestly, and we are still, keeping off the fitnah of fighting between our brethren and Hamas of Gaza; however we do not see from Hamas any attempts for this, but rather they are walking in the opposite direction.” So the Shaykh explains that we are still to be of the position that we are to avoid any type of civil war between Hamas and the Salafi Jihadis of Palestine. So who are these over-zealous youth to go against the opinion of the very Shaykh who most of them learned from by reading his books? This is also a man who is well known to handle these types of disputes and is widely respected among the international Salafi Jihadi movement. It is also necessary to point out that nowhere in this recent release did the Shaykh declare takfeer on Hamas. We should all to look at Abu Muhammad Isaam al-Maqdisi in his method of handling this conflict. This is a good example for us all and we should leave these affairs to those like him (i.e. leaders and trustworthy scholars). Hamas should be confronted intellectually and ideologically not with bullets and bombs. Lastly, we implore all readers to think about their brothers and sisters in Palestine. The solution for them is the shariah, it is jihad, it is dawa to khilafah and away from a nation state solution. We only ask that their blood is considered sacred enough that demands are not made that will lead to the shedding of more of it and only so that they can be returned to leaders from the past that drove them to their horrible state today. It is narrated in Bayhaqqi and Ibn Majah on the authority of Ibn Umar (ra) that The Prophet Muhammad sallallahu alayhi wasalam said, “O’Muhajirroon be aware of 5 basic traits; if ever immorality spread in a community and there is no sense of shame on its occurrence or mentioning it , diseases which were not present in the time of their predecessors will spread among them. If they decrease the measure and weight (of sold grains and foods) they will be overcome by poverty, their provisions will decrease and their ruler will be become unjust. If they refrain from paying the Zakah due on their properties, they will be deprived of rain, unless they get it only for the sake of their cattle. If they renounce their commitment to Allah and His Messenger, they will be governed by an enemy who is a stranger to them and who will take away some of what they possess. If their ruler does not rule according to Allah’s book, they will be afflicted by civil war. Allah forbid that this should happen to you.” Since this is a very large Hadith we are going to break it down piece by piece showing how it applies to the situation within Palestine. Immorality: Many forget that before Hamas came Palestine was one of the most immoral areas within the Arab world. Arab Socialists dominated much of the political scene and the first ever revolutionary movement within Palestine resembled much of the ‘Hippie’ movement within the United States in the 60’s-70’s. Immorality was something widespread and the election of Hamas, who called to Islam for years and when Shariah was considered something ‘unpopular’, was a sign of a changing tide in Palestine and the Arab world at large. Few that spend countless hours on-line each day bouncing from post to post and page to page have the historical recollection and academic mindset to recall that Hamas only entered the electoral process when faced by a dilemma of the Bush Administration trying to use the Palestinian people to promote the Bush doctrine to democratize the Middle East. In 2006, when Olmert, Bush, and the Arab puppets were backing Abu Mazem and Fatah, and though for sure they were going to be able to point toward democracy in Palestine to help justify their continued War on Islam, Hamas entered elections and won miraculously in the face of severe international pressure against them and support for their opponents. It was not Hamas’s choice to participate in the elections of 2006, but, like Algeria some years before, the subsequent embargoes from the United States after this fact, led millions of Muslims to recognize that Western democracy in the Muslim world is only okay in so far as the desired despot is elected. The Zionists and Neoconservatives were unable to make use of the Palestinians, and the kaffir Arab regimes that have traditionally used the Palestinian issue to deter a focus on their own atrocities also were in shock and were forced to look inward as the Islamization of their own domains flourished as well. 7
  8. 8. Indeed in countries like Jordan and Egypt where there are very strong Islamic political parties, support for Islam has been steady on the rise and the people have gradually returned to Islam and its morality. For its part, Hamas has made the hijab and jilbaab nearly unanimous as dress code across Gaza, has issued incredible media campaigns against freemixing, zinaa, smoking, alcohol and other social ills and has done a great deal to promote Islamic values that are affecting the society at large. Thus Hamas must be credited with the fact that this calamity may slowly be lifted, and their participating in elections in Palestine was done due to compulsion but yielded positive results as the socialist, nationalist platform of Fatah would have led to continued catastrophe and liberal values as a solution alongside the further policing of all Islamic identity in Palestine at large, something that would have only led to the continued immorality and subsequent sickness alluded to in the hadith. Measuring (Weighing In Commerce): The P.L.O. (Palestinian Liberation Organization) under Arafat and Fatah was extremely corrupt and never actually produced a form of governance that served the interests of the people. After Arafat died it was discovered that he had over a billion dollars in a Swiss bank account. The kickbacks offered to loyal party members was substantial and the fraud and embezzlement was severe. In fact, Hamas won the elections because the people voted against corruption. The international community responded to the election of Hamas in punishing ways: the U.S. cut off all aid, Ehud Olmert discontinued a promised transfer of VAT (customs duties collected on Palestinian exports and imports that constitute roughly 1/3 of all income in Palestine). As a result, security, nurses, doctors and other employees of Palestine went unpaid for months. The international humanitarian agencies, which were giving money directly to the PLO, instead went into humanitarian mode and would not deal with Hamas directly as they were a “terrorist” entity, Israel started targeted killings immediately and initiated their siege on Gaza that continues to this day. The Quartet, a coalition of U.S., E.U. Russian and UN diplomats, issued a statement that suggested, “Those that want to participate in the political process must renounce violence, recognize Israel’s right to exist, and disarm.” All of these obstacles in place, the world community sat back and watched as Palestinians, once again, faced imprisonment and occupation and were punished for electing an Islamist regime. Alvaro DeSoto, envoy to the Quartet would record in his memorandum upon resignation, It is interesting that in a recent interview in the Financial Times Secretary Rice was quoted as saying, “I do think that there are certain responsibilities that come with governing and that Hamas has not lived up to those because it has been unable to deliver because it is isolated from the international system because it will not give up violence. So there’s a consequence to being in power and unable to deliver.” One wonders whether it is credible to judge the ability of a government to deliver when it is being deprived of its largest source of income, to which it is indubitably entitled by virtue of an agreement endorsed by the Security Council, by the State which largely controls the capacity of the government and its people to generate income. In fact, the PA government is being expected to deliver without having make or break attributes of sovereignty such as control of its borders, the monopoly over the use of force, or access to natural resources, let alone regular tax receipts.[9]” Still, Hamas garnered some major victories for the people. They were able to tunnel into Israeli “territory” and abduct Gillad Shallit, were able to smuggle weapons through various means, carried in money from the Muslim world to keep people employed, and have conducted generally good and honest governance in the face of severe repression. One would think that the people would be miserable and blame Hamas but generally support for them remains high; polling shows however that more people openly support Fatah but still identify Hamas as pure and Fatah as corrupt. It is in this context that Hamas exists and struggles to provide even a semblance of stability. It is this context that we must understand their situation, but unfortunately this is hardly understood at all by zealous individuals that are incapable of picturing themselves trying to govern and legislate within this reality. It is also in this context that Hamas takes money from the Rafidah, and appeases the Arab rulers so that they can earn their support and keep funding the masjids, the media, the educational systems, and the social service agencies that are clearly and openly declaring the solution as Islam and not as Fatah’s appeasing nationalist identity and aversion for Islam. Again, Hamas stands to lift some of the calamity imposed 8
  9. 9. by corruption that presently afflicts the ummah in Palestine, by ruling on behalf of the people instead of exploiting them for personal gain. Zakah: Yasser Arafat’s Zakah (charity) was from the international aid community. As was stated, once he died they found out he had stored away for himself over $1 Billion in the banks of Europe. This was the nature of an era that witnessed an abundance of humanitarian aid from internationalist institutions and foreign parties, but that also always came with political strings attached. What Hamas has done over its history is create what one might term a Zakat-Jihad activism network, which essentially calls for and utilizes the zakat monies form people all over the Muslim world and creates financial pathways by which charitable contributions of economic, agricultural, technology and military assistance can make their way into Palestine. This garners a great deal of grassroots support and also creates and develops the financial pathways and networks necessary to experience the implementation of Islamic principle (i.e. interest free banking which is not possible in an economy that runs on Israeli shekkels) and the connections necessary to keep the people believing that Islam is the Solution. While it is also true that seeking help from the Rafidha is yet a continued example of aid that comes with political strings attached, one should be careful to suggest that this implies protectorship or allegiance. Hamas is a political entity, and as such, has to fulfill its goals of working towards Islam. If it comes down to living in the poorest place on Earth, with 50 percent unemployment and people who are far away from Quran and Sunnah and off tawheed, the choices are two: 1) refuse assistance, isolate, turn to Allah, and implement the shariah regardless or 2) work with whatever assistance is available and try to utilize it to gain religious, social, political, and economic sovereignty gradually. While we at think that there is means by which the two can be synthesized, we still hold that the mechanisms Hamas has set up in regard to utilizing charity from abroad and taken at home in a way conducive with Islam is permissible as we can only imagine how easy it is to govern over the internet and under the convenience of life outside of Gaza, and how difficult it is to actually govern under the present circumstance there. The Prophet (SAWS) said in the hadith that if the people refrain from paying zakat drought will come and there will be no agriculture. While many of our beloved shayook have criticized and belittled the gains of Hamas while concentrating on their faults, we do think it is a milestone that Hamas despite the entire world criticizing it for its inability to govern and tagging it with the label of a terrorist group, has increased agricultural yield to a great degree and has managed to decrease imports from Israel as a result thus working toward self-sufficiency, something that surely garners the support of the people and is, essentially, a means of increasing the domestic zakat, creating jobs, and advancing the quality of life for the Muslims of Gaza. Surely, there is a book that could be written on all the ways that Hamas does not implement the Zakat in accordance with the books of fiqh and its regard, we only suggest to have a light heart in the matter and look at the potential for future growth to occur that presents not only military but political and economic solutions for the women and children of this ummah as well. Despite the siege on Gaza, Hamas announced at the beginning of Ramadan that it would issue checks of $100 to every employed and unemployed Gazan during the month [10]; we applaud this measure despite knowing that political strings are attached even here. However, this has been the case since occupation began and people started speaking of Palestinians and a Palestinian state. Today, however the strings come attached with support for Islam. To call Hamas’s Islam, the Islam of the dajjal and its democratic falsehoods, is to suggest that if the false messiah came today and the Jews in Palestine started to follow him, the party of Hamas would do the same. We do not think this is the case and humbly implore all to go back to calling on Hamas constructively and proactively to implement more of the shariah and to work toward more positive gains. Renouncing Their Commitment to Allah and His Messenger sallallahu alayhi wasalam: The hadith states that if this is violated the Muslims, will be governed by an enemy who is a stranger to them and who will take away some of what they possess. The Khaliphat was dismantled completely in 1924 and the Muslim lands were predominantly ruled by Nation-State secularism. Palestine has since been inundated with nationalistic slogans and calls and the enemies that claim possession of the land but have no ancestral roots to it have crept in to rob and plunder the land and resources bit by bit to the degree we see today. 9
  10. 10. Hamas has brought back commitment to Islam within Palestine and without a doubt has inspired many others to do that same, of course at the same time the entire system is lacking in many aspects. But what they have done to return the people to Islam is worthy of praise. Had they come out solely as a network for jihad, they would still be firing homemade rockets against the nuclear weapons of Israel. Instead in 2006, yes through voting, the people elected Hamas to parliamentary control, thus showing their allegiance to Islam and the changing identity arising all over the Muslim world. While we personally believe that the outcome of the election was also heavily influenced by the fact the mujahedeen punched the Americans on their own soil and lured the kuffar into their little “War on Islam”, we should also support the fact that the people are expressing their desire for Islam. One generation ago, Palestinians thought Islam was ancient, backward and the cause of their plight. Some would have it that the munkar should be obliterated in Palestine, thus they have attempted to blow up hair salons, internet cafes, and other sights of munkar. Indeed it is these same individuals that make takfir and if they came to power they would take the hand of the thief where there is overwhelming poverty and 50% unemployment and implement the huddud no matter the consequence and without anything that has reached us with an economic plan based on the shariah. Oftentimes this is a marking of theirs, they want to see the huddudd and punishments implemented but are incapable of using the deen to address the practical matters and develop means by which the restructuring of the society in accordance with Islam would bring the blessing, means and provisions necessary to make the punishments feasible. For them, the shariah is punishment for sin and nothing of an emancipation brought on by truly understanding the liberating ideology that is isalm when implemented. They forget the 100’s of years of tolerance compassion, disagreement, and debate without bloodshed of Muslims and only the conquering of the kuffar. While we admire their zealousness and intention, we wonder how feasible it is to engage in such black and white thinking with no room for understanding the present state in historical context. One thing is for certain; Islamic identity in Gaza (and throughout the Muslim world) is on the rise. As a leading Fatah militant expressed after the War on Gaza in January of this year, “We have moved into the era of Hamas which is now much stronger than it was.” Indeed Fatah was completely silent during Israeli attacks on Gaza. The Palestinian public craves resistance and Fatah, the alternative, craves reconciliation and power and is now largely delegitimized and looked at as a corrupt ally of the occupier. These allegiances stem directly from the platform Hamas worked very hard to sell the people and any way you look at it, their platform is clearly Islam. This does not mean that the progresses Hamas has made in gearing the people toward a future of resistance committed to Allah (SWT) and His Messenger (SAWS) will remain. In fact, the opponent is busy working on trying to manipulate the process to serve their own interests. Fatah and its many years of negotiations have gained nothing. Settlements have expanded throughout the West Bank and sovereignty over what they want to call Palestine is controlled totally by the Israelis. Fatah has not removed a single checkpoint. They are aware of their failure however and are moving to ally with the Americans and Israel to manipulate to regain control in elections coming early next year and thereby crush Hamas with western weaponry and realign identity in Palestine in accordance with their nationalist and self-seeking desires Division like this and a splitting of the Muslims is Gaza can only serve the enemy, and is perhaps a plot of the enemy to divide and conquer them. In fact, the United States has been meddling and manipulating the Fatah movement since at least 2003. After their election in 2006, the United States was exposed by top notch investigative journalism that the U.S. and Israel were shipping arms to CIA operative Muhamamd Dahlan, the Security Chief of Fatah in Gaza, through neo-con Eliot Abrams, convicted in the Iran-Contra affair for other covert manipulations, in order to initiate a coup against the newly elected party. The funding for the coup, it was exposed, came from Israel, several Arab countries, Jordan and UAE especially, and included a torture program for Islamists. Egypt was to allow a massive shipment of arms to Dahlan through the border. However, Hamas wisely preempted the coup before it occurred and rescued Gaza from the plots and plans of the kuffar and their auliya. Today in the West Bank thousands of Islamists sit detained and subject to torture at the hands of CIA trained Fatah members. Israel and the U.S. however are busy with economic aid and development in the West 10
  11. 11. Bank all while suffocating Gaza. Thomas Friedman, author of The Lexxus and the Olive Tree, stressed in a recent NY Times Op-ed that in the West Bank the economy is booming. He said, “for the first time since Oslo, there is an economic security dynamic emerging on the ground in the West Bank that has the potential – the potential – to give the post- Yasser Arafat Palestinians another chance to build the sort of self-governing authority, army and economy that are prerequisites for securing their own independent state.[11]” He goes on to describe how the U.S. paid for four battalions of Fatah fighter to be trained in Jordan to police the Palestinians and replace Isralei troops, thus doing the bidding of the occupier. He even includes the fact that they have wiped out a Hams cell recently in Qalqilya. Of course, this for an ultra-capitalist like Friedman and the oligarchic power structure he writes for is good news. For those that are concerned with what events like these mean for the people of Palestine it is a troubling concern as power to Fatah stems to mean that all Islamic identity could be combated by force and by those receiving unlimited funding from a proud American-Israeli controller. These military supports will be backed by covert methods to help alter the ideology of Fatah into one that, once backed by press propaganda, may do a great deal to withdrawal support for Hamas in Palestine. The United States is now directing Fatah’s realignment and rebranding from afar. In the first week of August 2009 Fatah held a national conference and the international media proclaimed only positive words for the people they put in charge. They are seeking to reinvent Fatah to make it a viable alternative to Hamas by touting the economic security gains of the West Bank and their ability to negotiate with Egypt and Israel. The national conference witnessed new faces that were primarily hand selected by Abbas, Dahlan and Jibreel Rujoub who used to hang a picture of George Tenet, then CIA Director, over his desk. Many of the new delegates have direct connections to the CIA[12] and the idea is to run a rejuvenated Fatah against Hamas in January parliamentary elections and reclaim political control over Palestine; a rejuvenated Fatah that will erase the gains of Islamists and force Hamas to the sidelines, removing their legitimacy and making it possible to arm Fatah to the teeth and send them into Gaza without Israeli or U.S. exposure to disarm the movement. A way that they would further want to delegitimize Hamas and make it hard for them to fight against such a blind-sided assault would be to occupy and engage them in a civil war as this progression of planned events unfolds. Were Islamists to wage war against each other, many in Palestine could and would alter identity and that is exactly the sort of pendulum shift the enemies of Allah need as great strides have been made in Gaza to rally the people around Islam and the commitment to intention to do things in the way of Allah (SWT) and His Messenger. The people of Palestine are primarily concerned with what will bring them the physiological needs that will satisfy their thirst and hunger. They have seen good things from Hamas and are prepared for resistance; they would rebel in a minute against a harsher implementation of Islam over them. We feel the Palestinians suffer from enough bloodshed as it is. Now that this plot of the enemy has been exposed. The open-minded reader must ask: 1) Did I know any of that? and then 2) does this mean that Hamas should be applauded for its operating, sometimes in suspect ways, in the way that they do? The answer should be clear although many will still say that it does not matter and that they should handle things differently. Minimally it should at least create a certain sense of understanding and enough compassion in the heart and mind to remove the takfir. It is highly probable that Hamas will be forced to boycott parliamentary elections in January due to further political manipulation by Fatah with the assistance of Israel and America. In that case, Fatah will be called upon to take its newfound power and return its end of the bargain by disarming Hamas in Gaza. They will gladly take heed and Hamas will be forced to retreat back into a position of Jihad. The worst case scenario is a betrayal that leads to a reverse of what they have achieved. The other potential consequence is that they could realign themselves with the global jihadi view, ally with those willing to defend them and put up another successful defense of the gains they’ve made. The jihadi movement can exploit what is almost certainly to follow, correct and advise them and fight alongside of them, thereby advancing the cause of Islam in the region. Unfortunately, the narrow-sighted puritans of the right wing jihadi mentality cannot accept this as the case and will only blame Hamas for these conditions. Pointing to the failure as one brought on when they decided to participate in elections, they may never see that Hamas is largely responsible for a reestablished commitment to Allah and His Messenger in the region and therefore should be applauded for the good they have done in that regard. If they were wise they would welcome them when their democratic experiment fails and return them to the path of 11
  12. 12. jihadi resistance. Divided they will join the fight against them as we already see happening with the threats and explosions that are occurring over recent weeks. Not Ruling by Allah’s Book and Civil War: This is the main message for Hamas and its leaders and for all others that this hadith may apply to. The Shariah of Allah must be implemented in its totality and the Prophet (SAWS) warned of civil war where this does not occur. This is where Hamas has failed in sorts. However, few made takfir in 2006 and before when their policy of gradualism was stated, justified and has since been maintained. Their platform is nothing new. It is important to realize that the position of Hamas, like the Ikhwan, is that the Palestinians are so backward and removed form Islam they could not withstand the immediate implementation of the complete shariah and that they are in a state of compulsion and weakness that justifies their position. While we would like to see the entire shariah implemented in Gaza, we also consider it permissible to look at the situation through another lens. Ibn Taymia explained in his Commanding the Good and Forbidding the Evil, not only that forbidding munkar must be done with compassion but also that in the event a greater evil arises as a result than it is permissible to withhold from confronting the munkar. This is the position of Hamas; we may not agree with it, but if there is a place on the Earth where this is a permissible stance to adopt it is surely in Palestine. Therefore we implore all to give them the benefit of the doubt and look toward their good, while correcting the evil that they do. Hamas has made many contradictory statements since taking governmental authority. We realize this, but implore you to consider it due to their position, and as part of a deception that can continue to grant them accessibility to much needed sources of survival for their people. With regard to uttering words of unbelief Allah (SWT) says: except under compulsion, his heart remaining firm in Faith (16:6) and it is known that Umar ibn Al-Khattab said, "imprisonment, torturing, chaining and threatening" are all forms of compulsion. Ibn Masood (RA) said, "There is no word that will protect me from two lashes except that I will say it." And so with regard to the people of Gaza and the ultimate consequence of implementing the whole shariah there would surely be more imprisonment, more torturing, chaining and threatening from Israel, its allies and the international community at large. Ibn Taymia explains, "Enjoining right and forbidding wrong being one of the greatest obligations or commendable acts in Islam, it is essential that the benefit therein outweigh its negative... Thus whenever the adverse effects (mafsada) of any act of enjoining or forbidding are greater than its benefit (maslaha), it is no longer part of what Allah has enjoined upon us, even if it be a case of neglecting obligations or committing the forbidden." So what of the statements of Hamas? What of their efforts to work towards what they know is the true creed by using mercy, gradualism and trying to find an opportunity to govern and show that Islamic regimes are capable of legislating the affairs of a nation in the modern age? What about those that see the world in such a black and white way that they may make statements such as, "well Hamas does not make hijab fard?" Are they looking to give their brothers the benefit of the doubt and work to encourage them to correct their mistakes? Are they able to think in ways mature enough and intelligent enough to truly dissect reality and understand the deen? Take for example the hijab, Agence France Press [AFP] published a report that was circulated concerning Hamas’ decision to impose the Hijab and Jilbab on female students in schools. This report served as a rallying cry to decrease aid, to justify not allowing Hamas to participate in international discussion despite their elected status, and to preserve its legitimacy in the face of incessant liberal attacks. Hamas issued a statement that nowhere says it does not believe that the hijab is fard but that rather condemned the reporting as propaganda. Now, many would say this means they are kuffar that they are not ruling by what Allah (SWT) has revealed. The fact of the matter is that the hijab is fard, it is enforced now but barely has to be as most prefer to wear it from amongst the youth. There are signs posted in the schools that mandate it, but Hamas denies it to the international press because it may bring more suffering to their people and justify the aggression and occupation of Israel. Meanwhile, they face resistance for their mandate not because the people oppose the hijab and want liberalism, but because they complain they haven’t the money to buy a set of hijab and jilbaab to wear everyday[13]. Perhaps they would learn and adopt Islam faster were they inflicted with punishment for not wearing the hijab, but we can see the rationale in the argument for gradualism by looking at this example. We can learn a lot about how to judge Hamas in the face of the present reality by looking at examples like these. While it is easy to stand up and speak the truth to the oppressors over an online forum, the world the people of 12
  13. 13. Palestine live in has very real and oftentimes violent consequences. This is not to say they have no faults but is to say the claim they have left Islam should be given a second look and, inshallah, from our stance the benefit of the doubt. The contradiction between Hamas officials' statements and reports coming out of Gaza may indicate the party's desire to revive Islamic mores without drawing international criticism and thus bolstering its rival, Fatah. Perhaps, this situation is similar to others and that this is as clear as the sun and that it in no way represents and argument for kufr al-akbar. The same can be said for accusations that Hamas recognizes Israel’s right to exist and allows haram social activities. There is some wisdom in Hamas’s stance however. It is obvious to the one that looks through the public record on the two state settlement that Israel doesn’t want an agreement with borders and has plans to expand toward the Greater Israel objective the state was founded under. The reason they have gotten blanket support for all they do is because they have created a masterful propaganda campaign in the U.S. that has gained them unconditional support. There is a large mounting resistance and awareness coming out of academic circles and into the general populace especially in Europe that suggests the media machine is not as effective as it once was. By temporarily accepting the existence of Israel and peace, a great deal can be accomplished with regard to exposing the actuality of the Israeli regime and even the citizenry of the West, whose majorities are not only starting to support the Palestinian cause but are also, due to the immense interest in Palestine, forced to confront the facts that Islamist governments are much more effective than the corrupt, nationalist and authoritarian tendencies exhibited by the PLO and authoritarian Arab regimes in the region. All of this is good for the call to Islam. Immature and one-sided thinking is the decisive factor for causing some to make takfir. It is none other than for this reason that civil war looms on the horizon, and for this the authority should take responsibility. We agree; there was no reason to shed the blood and destroy Masjid Ibn Taymia, many other means of compromise could have been attained. So, while we have cited the gains and defended Hamas for removing some of the variables the Prophet (SAWS) said will come about from certain actions, the civil war looming is a direct result of not implementing the shariah and therefore is attributable to them as much as to those that rebel against their rule. We pray that Hamas alters some of its stances and engages in dialogue with the jihadi movement rather than take a tough stance that will only help to enflame the fuel of war. Much has been written about the erroneous conceptions of Hamas and the Ikhwani movement in general and we agree, generally, with the critique. However, we would like to paint a very real scenario in order to show that the outcome of this will probably only witness Hamas’s removal from political power and return to a resistance force, thus if political currents continue Hamas will end up back united with the salafi jihadi cause in many ways. That is, if the salafi jihadi movement utilizes vision and mitigates the plans of those plotting and planning to remove Islam altogether from the Gaza Strip. Before the attack on Masjid Ibn Taymia, Hamas revealed documents that showed that Jund Ansar Allah had links and was funded by Muhammad Dahlan as well as elements close to senior Fatah officials. While, we do not say that this means the members of Jund Ansar Allah are allying with kuffar, we do hold it plausible that in the absence of access to funding and weaponry they may have sought assistance from covert operatives sent by Fatah to try to destabilize Hamas control in Gaza coincident to the plan we have already outlined above. In an as-Sahab statement released in June 2007 after Hamas engaged in the power sharing negotiations with Fatah, Dr. Ayman Al-Zawahiri delivered a scathing criticism that compared the Hamas government and the then flourishing Islamic State of Iraq. In it he commented on the defeating comprise Hamas had made and described them as a democratic, nationalist movement confined and imprisoned in Gaza while the Islamic State of Iraq,”and they declare their defense in all causes of all Muslims, in Grozny, to Cuetta, and Manilla[14]” whereas Hamas has fought the mujahedeen and even declared in Russia that the Chechen affair was internal to Russian affairs and not of their concern. Still, nowhere did he make takfir on the government or call for jihad against them (some have even made takfir on him for this as well). His critique is to correct and was meant to justify support for the Islamic State of Iraq. Since that time, the ability of the Islamic State of Iraq to govern has been absolutely removed and due solely to the betrayal of the Sunni Awakening Councils who were armed and funded by America to fight the Qaedists. Now the Islamic State of Iraq stands to fight jihad but cannot fulfill its much promoted establishment 13
  14. 14. of an Islamic Emirate. The same will most certainly be true of Hamas once the manipulations of the democratic process become clear after upcoming elections and the intellectuals from the international community, the CIA psych-ops team, and those that were trained by them in Fatah are able to manipulate the electoral process and claim legitimacy. Still, Hamas has become a party with enormous support and will be a force to be reckoned with. Expect that Fatah will first try to create secession by using as a proxy the reactionary zeal of the jihadi mentality. Politics, like jihad, is deception and this would not be the first time that rather than confront an enemy head on, a western backed political party deployed divide and conquer techniques. After all Israel, when the threat was Arab nationalism, would transport members of Hamas from Gaza into the West Bank to fight with the PLO. In the end, these manipulations plus the obstacles that have been created by the siege on Gaza both by Israel and the international community as a response to the people’s vote for an Islamist regime make it likely that Hamas will find itself under Fatah domination after the coming elections early next year. Already Fatah is calling for elections in the West Bank and not in Gaza. The difference between the Hamas platform and the Salafi Jihadi movement is one of permissible (ikhtilaf) difference; it is not kufr. Their peace with Israel has always been part of a platform of temporary treatise in order to advance stages and while one may not necessarily agree with it, the fact of the matter is they have never officially recognized the state and have stated repeatedly that it is only a political ploy where they may say such and such to get concessions. One should remember that 65 percent of their population is under 18, and 70 percent suffers from malnutrition, there is a 50 percent unemployment rate and after the election of Hamas, Gaza was turned into the world’s largest open-air prison. The worst scenario would be for a prison like mentality to creep into an arena that has stood its ground through so much as of late and start to separate into sects and gang-mentalities thus dividing those working for Islam only for the benefit of the tawagheet. This is why it is perfectly plausible to believe Hamas claims that the Jund al ansar Islam was getting funding directly from Muhammad Dahlan. In reality, the root of this conflict stems from Hamas’s decision to prevent mujahedeen from firing rockets into Israel and their retaliation with violence. For this they certainly can be blamed. As Abu Muhammad Maqdisi (RA) said, “We say, the whole world including Muslims and the Mujahedeen, has seen that you are judges and killers, and are not Du’at!! This has been evidenced many times, and the most recent is what took place in Rafah a few days ago when you bombed the ibn-Taimya mosque, and killed the Mujahedeen and the Muahedeen there. You had the power to deal with matters in many other ways, as long as the power is in your hands. However you preferred nothing but Killing and shedding haram blood.[15]” This is no light matter and the concern of the leadership will surely be expressed in future weeks and months. Still, the point of this article is that they have not made takfir. The accusations of kufr al-akbar due to ruling by other than what Allah (SWT) has revealed must be looked at dynamically. The one that truly can see that every action has an equal and opposite reaction must understand that the outcome of violence against Hamas can only help fuel the flames that have been kindled in a way that suits the enemies of Islam. It is important to understand that zealousness and youth are key ingredients in all revolutions. However, what the youthful and zealous (like ourselves) must recognize is that the intellectual philosophers that craft the ideologies of revolution on behalf of the youth are essential; otherwise what occurs is all too often mere bloodshed and the replacement of one governing body with another as equally repressive if not more. Therefore, until the leadership make a declaration of takfir backed by solid cries for bloodshed, not even the faintest thought of shedding blood should occur. As brothers issue warning to Palestinians to stay clear of government buildings and threaten with retaliation, one is advised to be patient and learn to look contextually, learn to see with justice and maturity in the face of potential emotional over- responsiveness. Scathing criticism and refutation can only go so far. In the end, if those making takfir and calling for violence against Hamas really want to critique them effectively they should come up with pragmatic solutions and answers to some of the issues we have addressed in this article. Again, it is only in thinking dynamically and not narrow-mindedly that this ummah will rest itself from decades of slumber. The outcome of civil war in Gaza, with those that only claim they are influenced by Al-Qaeda and not actually in contact with them, will be istibdaal or replacement not of Allah’s shariah but replacement of a regime that thinks islamically with another 14
  15. 15. that has become an operative of Western interests in order to feed its own bellies. This ummah has had enough of that situation and regardless of what is said, with Hamas that is not the scenario. Criticism is fine, but a practical alternative has yet to be put forward. Many will read this and say, “but this is usool-ul deen and you are minimizing the issue of ruling by other than what Allah (SWT) has revealed.” To this we must look at the statement we set forth in the beginning from Shaykh Al-Islam, “So whoever, from the Mu’mineen, is a Mujtaahid but makes an error, then surely Allah will forgive his error, whoever he may be. (This applies) whether it is in matters of belief or matters of deeds. This is what the Sahabah of the Messenger of Allah (SAWS) and the majority of the leaders of Islam are upon. And they do not divide matters into matters of Usool (foundations), that he who negates it (automatically) disbelieves or into Faruu’ (branches) that he who negates it never disbelieves...And the general curse does not always implicate the cursing of the specific individual (because) that (person may) have something that prevents the curse from applying to him.” And the preventative factor here is as Sheikh Hamed Al-Ali stressed; the "Gaza Strip is now under the direction of the Islamic Movement (Hamas), do not doubt its sincerity, as it is also known of its honorable jihad, sacrifices and lengthy contributions in the history of the Palestinian Islamic Jihad… He also pointed out that the "Hamas" movement did not choose the political movement but was forced to it; to protect the resistance, and the continuation of the route, in the absence of a waiver of the fundamentals of the nation and the path of liberation and to uphold the legitimate rights….” So this is what the sahabah of the Messenger (SAWS) and the majority of the leaders of Islam are upon. We should stay on that and work in the rational, realistic and non-digital realm to improve our condition so that Allah (SWT) can change our pathetic but bettering state. Very few of those making takfir have even the slightest ability to think politically, economically, or religiously about this condition and will be the very first to respond with criticism calling us defenders of Hamas. In truth, we have said what we have said and it is only sincere advice to try to cease confrontation that has no chance of a productive outcome. The plots of the plotters are clear for those with the minds of believers and the believers are never bitten by the same hole twice. This takfir can only seed the growth of promoting the objective of the Zionist enemy and will do nothing to improve the condition of the Muslims in Palestine. We ask that the people are patient and persevere in the struggle on a path of unity as much as possible. May Allah (SWT) guide all of his slaves to the siratal mustaqeem. Amin!!! We should make dua for reconciliation between the two groups and that Hamas listens to some of the advice and the legitimate complaints of our leaders and corrects the foundation of its organization. If there were any misunderstandings or if anyone would like anything explained further then feel free to contact us at [1] From .Majmoo’ Al-Fataawa., Vol. 3/230; Vol. 10/329; Vol. 23/41 [2] See Waked, Ali. Al-Qaeda Affiliated Group Declares War on Hamas. August 27, 2009. Available [3] See al-Mughrabi, Nidal. Two Gazan Hamas Compounds Bombed, No One Hurt. August 29, 2009. Available [4] See the introduction to Tafsir Surat ulFatihah by Muhammad ibn `Abdul Wahhaab, p. 1-5 [5] Fatwa Located: Resalah Takheem Al-Qawaneen 12/288) [6] [7] This principle while touchy is best explained and documented in the thorough work of Shaikh Nasr al-Fahd (May Allah Preserve Him) in his Exposition of the One that Allies with the Americans. [8] [9] DeSoto, Alvaro. “End of Mission Report” May, 2007. United Nations, available at files/Guardian/documents/2007/06/12/DeSotoReport.pdf [10] See Peskin, Donna. Hamas to Grant Workers $100 each for Ramadan. August 25, 2009. [11] [11] Friedman, Thomas. Green Shoots in Palestine II. [12] Al-Amin, Esam. “CIA Trained Security Chiefs Elected to the Palestinian Leadership. August 14, 2009. [13] see [14] [15] 15