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It can be done when the Muslims ask non_ Muslims help to face a shared enemy. It is not accepted to ask their help when you feel unsafe that they might betray you. When you feel safe you may ask their help. They proved it as …
1-The Great prophet (PBUH) said" you will make peace with the Romans and you, together, will invade a shared enemy "narrated by Abou Dawod.
2-When the prophet (PBUH) entered Medina; He (PBUlT) made peace and treaties with the Jews which was called "The paper of Madinah"
3-Which has obliged the Jews to stand with and support Muslims if the Medina was attacked by enemies?
The conditions of asking their help:-
1-To feel safe they will not betray us.
2-There is a profit and necessity.
3-The Muslims Ruler decides on that necessity and accepts it.
Is it accepted to ask the help of non_ Muslims against Muslims?
It is not accepted as long as Muslims are fair people and follow the Quran and the Sunnah. If they were transgressors, we have varied opinion:-
1-Shafai thought that it is unaccepted as it makes the disbeliever have power on Muslims.
2-Some scholars think that it is accepted provided that the Wise Muslims have control on the matter.
The wise opinion of using non_ Muslims against Muslims provided that feeling safe of not betraying us and in necessary matters only. This judgment is varied according to the circumstances which affect the whole matter. It can be applied on some Muslims and not applied on others. We should consider the realism and study the situation carefully. We may need non_ Muslims to face Muslims
Who are tyrant, but we should be careful about their greed towards Islamic countries so, we should make balance between the profits and harms.
Hijacking of Civilian Planes: Evaluation from the point of view of Islamic Jurisprudence
There are many different purposes from Hijacking Civilian Planes or exploding them.
1-Achieving some political polices of the Movements which the Hijacker belong to like setting free some detained people or making negotiations with the authorities which size control on the countries of these Hijackers which are occupied .
2- Shedding the lights of Media on the case which the Hijackers adopt to gain more supporters locally and internationally.
3- Causing a lot of damage in property and souls.
4- Acquiring the right of the political refuge.
The profits of these acts:
These acts did not bring about any profits or support or resemble any pressure on the aimed countries. The military solution was favored to these countries they did not give these Hijackers any opportunity to negotiate. These acts were used to give false picture about Islam and Muslims
As these acts were used to give a barbaric image of Islamic morals, so a lot of the movements and organization which committed those acts gave them up.
The Islamic Evaluation:
First we should make some elements clear:-
1-Talking about Hijacking and destroying the civilian planes is different from the military one at the time of wars. At time of wars it is accepted to do so provided that all it passengers are from the military services. It is wrong to aim at its crashing into civilian targets.
2-The passengers who are killed belong to different nationalities and of different religions including women, children and old men.
3-The passengers are often having nothing to do with the case which the Hijackers support.
4- Crashing the plane includes killing the Hijackers themselves.
We conclude that Hijacking the civilian planes and crashing them is illegal from the view point of the Islamic Jurisprudence for the following reasons:-
1- It includes killing some people whom should not kill like Muslim passengers, women, children, old men and those who are the building which the plane crashes into.
2-Betraying the company which give the passengers which turned into Hijackers tickets to use its plane for traveling.
3-Betraying the passengers who feel sure towards them as they did not hurt them
"……And fulfill your commitments, surely you shall be questioned about the commitments "(surah 17– 34)
The prophet (PBUH) forbids betraying people "Everyone practices betrayal comes on the last day following the banner of Betrayal because of the person who betrayed. (Mostafak Alaih)
1-Hijacking the plane and using the passengers as hostages is not accepted as these passengers have no relationship with the issue the hijackers struggle for
"…… and don't let detestation of those who hindered you from the Sacred Mosque move you to commit aggression …."(Surah 5 - 2)
2- Crashing the plane leads to destroying the property of others like the luggage, the plane and the building on land where the plane Crashes.
3-Crashing the plane leads to killing the hijackers themselves .Some modern scholars call it committing suicide "…..And do not kill yourselves …"(surah 4 - 29)
To conclude, hijacking plane is not accepted and illegal.
The reason from the point of view of the people who support hijacking plane:-
1-they think hijackers choose target where are many of those who deserve killing.
2-The hijackers do not betray company which owns the plane as it belongs to the state which the hijackers fight and the prophet (PBUH) said "War includes deception"
3-It is not suicide, it is courage to go in the midst of the raw of the enemy to make them afraid.
4-Killing the passengers is not forbidden as it is accepted to attack any group of disbelievers even though it leads to kill disbelievers when they hide behind Muslims who are used as a human protective barrier.
Discussing these opinions
1-There may be some people whose killing is accepted what about the other? There are women, children and old people who should not be killed.
2-Using the plane through tickets is consider a promise not to harm anything or kill anyone .Emam AL Sarkhasi said " when Muslims enter the country which there is a war between them and they were given a permission to go safely inside that country , it is consider a contract between them not to harm this country "
Ibn Qedama side "He who enter that country which there is a war between them. It is forbidden to betray them". It is clean that safety is implied in the case of the ticket of the plane even though it is not mentioned.
3-It is not a matter of deception because there is no real war between the hijacker and the passengers. There are innocent people on board. This deception is illegal.
Emam Al_Nawawy said "the majority of Muslim scholars have agreed that deception is at the time of a war provided that it dose not break a promise of safety". We cannot have a proof of what the prophet did when He (PBUH) let Mohamed Ibn Salama deceive Kaab Ibn Al_Ashraf to harm him. Kaab was a Jew who hated prophet (PBUH) and fought against Muslims and harmed Muslims Women.
4-Doing this dose not mean courage to breach the rows of the enemies as the passengers are not considered rows of enemies or an enemy arm.
Those who accepted a Muslim to explode himself among disbeliever condition that there is no way but killing himself.
5-Hijacking and exploding the plane without knowing the identity of every passenger is considered a random explosion. It is unlike using Manganique (some think like tanks used to shot bombs from far a way in Arab's wars or killing disbelievers because we are not fighting in a war.
Misunderstanding
Suppose that the Plane is owned by a country which fights Muslim and all the passengers are disbelievers, it will not be suicide to explode it by killing your self.
The reply: - we should consider the harms which happen as a result compared to the aims. They are much greater than the profits.
1- Spurring the great states in the world on these Movement and groups which the Hijackers belong to.
2- The opinion of the public in these countries is against the case which the Hijackers support.
3- Increasing the feeling of hatred against the Islamic minorities these countries.
Taking hostages
The judgmental right according to the Islamic Jurisprudence differs according to the hostage.
1- If the hostage is a military officer of a country which Muslims fight, it is accepted provided that the hostage is treated according to Shariaa.
2- If they are civilians who help our enemies it is accepted to take them hostage.
3- Being civilians and do not help our enemy it Unaccepted to take the accepted.
To distinguish between these cases, we should leave it to the scholars who study the realism well.
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