Ramadan 2016/1437
July 2016

FOREWORD
In The Name of Allah, The All Beneficient, The Most Merciful

Esteemed Reader, Peace be upon you and those who follow right guidance!
Basmala Mission has put together the following religious ruling or “response by a qualified Muslim scholar” for Australian Muslims with regards to the issues of the participation in, making allegiance to and/or providing support for ISIS (Islamic State of Iraq and the Levant). Putting together a religious ruling is scholarly rigorous and has technical requirements. It is neither a media press release nor a statement. Rather, it is an informed position derived on the basis of Islamic law and jurisprudence. It is also not a reaction, but an announcement of the position that Basmala Mission has been verbally repeating for a long time.

Before we begin, we need to highlight an important caveat. While the reader will find in this religious ruling greater mention about the lives of Muslims, it must not be understood to privilege Muslim lives. The scourge of ISIS affects all of humanity. Furthermore, every life is sacred, cherished and need to be protected.

May this religious ruling usher a turning point in Australia, where people appreciate and understand the unequivocal position of Islam against all forms of terrorism. We pray for the day when all perpetrators of terror will be brought to justice.

Dear Australian Muslim reader, Assalamualaikum Wa Rahmatullah
We need you to read this religious ruling carefully, learn it, distribute it, promote it and teach it. The time has come when we as Muslims cannot continue to just redress wrongs silently in our hearts. It is time for us to speak out.

Habib Qais Assegaf
Assistant Director
Basmala Mission

@2016 BASMALA MISSION (BASMALA AUSTRALIA)
Ramadan 2016/1437
SYDNEY AUSTRALIA

Basmala Mission (Basmala Australia)
EMAIL: basmala.aus@gmail.com
Website: http://www.basmalaaus.com

Basmala Islamic Street University
Website: http://www.basmalaisu.com.au

 

The Case For This Religious ruling
Ramadan 2016/1437 has seen terror acts at an unprecedented level and distribution. These are perpetrated by groups that claim to protect and defend Muslims and who justify their violence as a means to stop the killing of Muslims. We know this is not true. The holy month of Ramadan also saw an act of terror committed in the most unimaginable place – the sacred city of Medina within the blessed perimeter of the mosque of Prophet (peace be upon him) This also clearly proved that the violent extremists’ claim to honour Quran and Sunnah as pure falsehood.
It is an important moment for Basmala Mission to put in writing the position that we have always been advocating. We want to see no further escalation or continuation of such violence and in fact we want to see Muslims to return to the time before such contemporary violent extremism plagued our planet.

 

Religious ruling

Section 1: Protection for Life
It is known that the Shari’ah of Islam came to protect five important things and prohibit transgression of five things. They are:
1. Religion
2. Life
3. Property
4. lineage
5. Intellect
(Abu Hamid Muhammad Al-Ghazali, Al-Mustashfa Fi Ilm Al-Ushul, 1/174)

Muslims are prohibited from violating the aforementioned against any human being. These people have rights that are protected based on Islamic Shari’ah. A Muslim is not allowed to violate the rights of any human being or kill without any juridical reason (السبب الشرعي).

Whoever does this, has committed a great sin. In fact, it is one of the major sins. There exist many evidences from the Qur’an and Sunnah of the Prophet Muhammad (peace be upon him) which testifies against such crime toward the human race.

Section 2: Killing

Allah the Exalted says:
وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا

“If a man kills a believer intentionally his recompense is Hell to abide therein (for ever): and the wrath and the curse of Allah are upon him and a dreadful penalty is prepared for him.” (An-Nisa 93)

Allah Subhanahu wa Ta’ala says:
مِنْ أَجْلِ ذَٰلِكَ كَتَبْنَا عَلَىٰ بَنِي إِسْرَائِيلَ أَنَّهُ مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا ۚ وَلَقَدْ جَاءَتْهُمْ رُسُلُنَا بِالْبَيِّنَاتِ ثُمَّ إِنَّ كَثِيرًا مِنْهُمْ بَعْدَ ذَٰلِكَ فِي الْأَرْضِ لَمُسْرِفُونَ

“On that account: We ordained for the Children of Israel that if anyone slew a person unless it is for murder or for spreading mischief in the land it would be as if he slew the whole people: and if anyone saved a life it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear Signs yet even after that many of them continued to commit excesses in the land.” (Surah Al Maidah 32)

The Prophet Muhammad (peace be upon him) said:
كل المسلم على المسلم حرام دمه وماله وعرضه

Any Muslim is sacred to other Muslim; his life; his possession, and his honour (Muslim)
Section 3: Aiding others to do what is forbidden
It is also forbidden for anyone to help any group that inflicts catastrophe (فساد في الأرض ) on the surface of the earth, even more using the name of Islam and Shari’ah. It shows the lack of understanding of the Islamic principles and values which promote peace, prohibit atrocities and call for performing charity. The following maxims of law also state:

كل ما يفضي إلى الحرام فهو حرام.
Whatever facilitates to forbidden matter is forbidden.

سد الذريعة مقدم على جلب المصلحة.
Preventing a harm is a priority over making a benefit

Section 4: Declaration

So, we hereby declare:

• ISIS as a deviant group, that has deviated from the teachings of Islam in many areas
• Participation in ISIS by any Muslim is haram (prohibited)
• Any support that any Muslim provides for ISIS in money or any other way is haram
• We recommend that anyone who has been supporting ISIS or has pledged allegiance already to ISIS to renounce and repent to Allah the Exalted.

We leave you in Allah’s trust.

Peace be unto you.

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