“But if they incline to peace, then you also incline to it and put your trust in Allah. Verily, He is the All-Hearer, the All-Knower” [TMQ Al-Anfal: 61]

The Illegality of the Peace Process

The idea of peace with the Jewish entity did not become apparent until the disbelieving colonialists deeply penetrated the Muslim lands, which enabled them, through their cultural invasion, to poison the Islamic thoughts with incorrect political thoughts and ideas, corrupting the correct point of view held by the Muslims, mixing up their thoughts in all aspects of life, and thus making them lose sight of their natural central point of focus.

The idea of peace with the Jewish state as a solution for the Palestinian problem did not emanate from an Islamic point of view, based on a Hukm Shar’i (Islamic law) from Islam, rather it came from a pragmatic approach based on many incorrect thoughts, such as: “Give and take” or “We must be realistic” or “We take our system from reality” or “We must deal with the established facts” or “Something is better than nothing” or other incorrect concepts, which have led to the public opinion dominating Muslim minds to being one of pragmatism, backwardness and degradation.

These thoughts that dominate the public opinion have become a justification for peace with the Yahud and the recognition of their state, giving them permanent rights over the land of Palestine, after the Arab rulers continued to offer concessions, one after another.

This inevitably led to the concept that the only possible solution for the Middle East crisis was the idea of land for peace. For the level of intellectual confusion was so high, the Arabs had no idea who was meant to offer peace and who was meant to offer land, to the extent that they were unaware that they held both the land and peace, since the Yahud do not own land nor peace, rather they are in need of land for them to settle on.

Those who are ignorant of the history of the Yahud, the creed of the Yahud and their malicious ways make a serious error when they think that the Yahud honour their covenant when given, or can be trusted, or abide by the agreements and treaties they make, for they are those who Allah (swt) described in the Qur’an directly; “Verily, the worst of living creatures in the sight of Allah are those who reject Him: so they shall not believe. They are those, with whom you made a covenant, but they break their covenant every time, and they have no fear of Allah. If you gain the mastery over them in war, punish them severely in order to disperse those who are behind them, so that they may learn a lesson.” [TMQ Al-Anfal: 55-7]

The Jews have drawn the borders of their state – Israel from the Euphrates to the Nile – and inserted it into their creed a very long time ago, and the only thing that has prevented them from achieving this goal all this time was the existence of a sincere Islamic political entity.

Islam does not permit, in any way or form, the acceptance of a Jewish state on the land of Palestine and forming a peace treaty with it, for the companions of the Prophet (saw) made consensus on the ‘Umari Treaty formed by “Al-Farooq” Umar bin Al-Khattab, may Allah be pleased with him, which does not permit the residence of even one Jew in the city of Al-Quds, much less giving power and authority to other than Islam over the holy sites. Nor did the Muslims concede even an inch of Al-Quds after the Crusaders occupied it for more than one hundred years; rather they never gave up hope that they would one day liberate Al-Quds, until they finally did so. This was because they were very clear that Islam makes it obligatory on the Muslims to use Jihad to return their lost rights and to restore the occupied lands to Islam, until Allah decrees His order that will surely come to pass.

The Hukm Shar’i (Islamic Ruling) on the Peace Process

As for the Islamic ruling on the issue of peace with the Jewish entity on the occupied lands of Palestine (Israel), it is not allowed and is Haram. To understand this we need to understand the reality of this peace, and we must have knowledge of the Islamic evidences that exist in the Qur’an and Sunnah regarding peace with disbelievers, then an understanding of the Hukm Shar’i regarding this matter.

The Political Reality of the Peace Process

It was known from the early Islamic scholars that when deriving an Islamic law it is necessary to understand the reality of the issue at hand, deeply, then derive the law correctly based on the unchanging Islamic principles for Istinbaat (extraction of laws).

As for the reality of the situation and the truth behind this peace: it is a permanent peace, which is not limited by a time period, and it establishes the recognition of the Jewish entity as a legitimate state, with political borders guarded and safe from any external attack, having complete authority over the Islamic land of Palestine.

This peace is considered a blatant agreement, from those who sign it, that Palestine is Jewish land and the Jews in it are ensured security and safety and the right to live on their land, where no-one is allowed to try to take away this right, or help anyone who may, in the future, decide to fight them or struggle against them to liberate Palestine from their filth.

This peace will lead to the strengthening of the Jews and offers them peace and security so that they are capable of achieving their long term goals of occupying more Islamic lands, which poses a massive danger to Islam and the Muslims and opens the door for them to spread their evil, corruption and misery. This peace will also lead to the increased influence of the Western nations in the heart of the Islamic world, increasing their control over the Muslims and their resources, keeping them occupied from turning to their true number one enemy, who stands behind the Jews and supports them. It also poses a danger to the thoughts of the Muslims and their beliefs and on their Book and the Sunnah of their Prophet (saw), and will lead to the negligence of the obligation of Jihad, the giving of power to the Jews in the Islamic lands, the removing of Islam from it; not to mention the many other dangers posed, such as the economic, military, social, and cultural implications.

Therefore anyone who studies this peace process carefully will find that it poses a great danger to Islam and the Muslims, and warns of great trials and disasters, of which no one knows its extent but Allah (swt). Thus, there is no benefit in this peace process for the Muslims.

No solution but war

Palestine is Islamic land, opened to Islam by the companions of the Prophet (saw) during the Khilafah of ‘Umar bin Al-Khattab, may Allah be pleased with him, where the Muslims lived for almost 1400 years. This Islamic land was occupied by the Jews, with the help of the Christian West, where they killed the Muslims and evicted them from their homes and established Judaism in the place of Islam.

But Allah (swt) mentioned in the Qur’an: “Glorified (and Exalted) is He who took his slave (Muhammed (saw)) for a journey by night from Al-Masjid Al-Haram (in Makkah) to Al-Masjid Al-Aqsa (in Al-Quds), the neighbourhood whereof We have blessed, in order that We might show him (Muhammed (saw)) of our signs. Verily, He is the All-Hearer, the All-Seer” [TMQ Al-Isra: 1]. He (swt) wished to show the high placement of this mosque, and the sanctity of the surrounding land.

The Messenger of Allah (saw) said “Only three mosques are to be travelled to: Al-Masjid Al-Haram (in Makkah), this mosque of mine (in Madinah), and Al-Masjid Al-Aqsa (in Al-Quds)” He (saw) wished to associate Al-Aqsa mosque with the Ka’ba, the Qiblah of the Muslims, and with his (saw) own mosque, to show the Muslims that the sanctity of Al-Aqsa is the same as that of the Ka’ba and his (saw) mosque in Madinah; at the top of the list of holy sites.

This is why the Muslims fought the Crusaders for Al-Aqsa mosque and the surrounding lands, and continued through many battles until they rescued it and purified it from the filth of the disbelievers and from the disease of the cross worshippers.

Therefore is obligatory upon the Muslims to fight, and only to fight; meaning to fight the Jews until they are removed from Palestine so that it may returned to what it once was: Islamic land; and it becomes obligatory to remove Judaism from it and re-establish Islam upon it, to cut off the opportunities for Fitna, and return the word of Allah (swt) as the highest.

The Islamic evidences regarding the obligation of fighting

The evidences on this subject are numerous and overflowing, including; “And kill them wherever you find them and turn them out from wherever they turned you out, and Fitna is worse than killing; and do not fight them at the Masjid Al-Haram (in Makkah) until they fight you in it, so if they fight you then fight them as well, this is the recompense of the disbelievers” [TMQ Al-Baqarah: 191]. Meaning, kill them wherever you see them, and evict them from the Islamic lands that they have invaded and occupied, and evicted you from; and do to them what they have done to you, and fight to make Islam dominant to destroy polytheism and so that the Deen be wholly to Allah (swt) and no Muslim ever be put through a calamity again.

Another evidence is the verse “…then whoever transgresses the prohibition against you, you transgress likewise against him. And fear Allah, and know that Allah is with the god fearing.” [TMQ Al-Baqarah: 194]. Meaning, defend yourselves against the attack; so whoever fights you, then you fight them, one for one; “And fight for the sake of Allah those who fight you…” [TMQ Al-Baqarah: 190] Meaning, if they started the fighting, then you have the right to fight them back.

Although it is true that these evidences were revealed regarding the fighting of the Muslims against the disbelievers of Quraysh, they are all general evidences covering all disbelievers, including the Jews in the area of Al-Sham (Israel), since the Islamic Jurisprudence principle states that: “The meaning (of the evidence) is according to the generality of the expression, and not the specificity of the reason (of its revelation).” The subject is general regarding the fighting of the disbelievers, and does not specify the disbelievers of Makkah alone.

And it is mentioned in the Qur’an; “And fight, for the sake of Allah, those who fight you and do not transgress limits, for Allah does not love the transgressors” [TMQ Al-Baqarah: 190] Meaning to fight those who fight you, to raise the word of Allah (swt) high. And the verse; “Oh you who believe, verily the polytheists are Najas (filth, impure). So do not let them come near Al-Masjid Al-Haram this year; and if you fear poverty, Allah will enrich you if He wills out of His bounty. Surely Allah is All-Knowing, All-Wise. Fight against those who do not believe in Allah, nor in the last day, nor forbid that which has been forbidden by Allah and His Messenger, and those who do not acknowledge the Deen of truth among the people of the scripture, until they pay the Jizyah with willing submission, and feel themselves subdued” [TMQ At-Tauba: 28-29] And the verse; “Oh you who believe, fight those of the disbelievers who are close to you, and let them find harshness in you; and know that Allah is with those who are God fearing” [TMQ At-Tauba: 123]. And the Jews are the closest disbelievers. As well as the verse; “And fight them until there is no more Fitna, and the Deen (worship, ruling, way of life) be for Allah (alone); but if they cease, let there be no hostility except to those who oppress” [TMQ Al-Baqarah: 193].

These are only a few of the evidences regarding the obligation of fighting the Jews in occupied Palestine, but it is clear to see that fighting the Jews in Palestine, to remove them from it and return the land as being Islamic land, is an obligation; and fighting them is an individual obligation upon all Muslims capable of it, since the Jewish enemy is still occupying Palestine, and the responsibility of protecting and defending the Muslim lands and the holy sites of Islam is the responsibility of all Muslims on the face of the Earth, and this is one of the goals of Jihad.

And as protecting Al-Masjid Al-Haram in Makkah, and Al-Masjid Al-Nabawi in Madinah is not limited to just the people of Makkah and Madinah, or to those who live in the area of Najd and Al-Hijaz, or those who live on the Arabian peninsula, similarly, protecting Al-Masjid Al-Aqsa is not limited to the people of Al-Quds, or the people of Palestine, or the people of Al-Sham, rather it is a responsibility on the necks of all Muslims.

The evidences regarding the illegality of the peace process

With regard to the previous mentioned Qur’anic evidences, such as: “And kill them wherever you find them and turn them out from wherever they turned you out, and Fitna is worse than killing…” and, “And fight them until there is no more Fitna, and the Deen (worship, ruling, way of life) be for Allah (alone)…” these verses are clear and straightforward evidences for the obligation of fighting, which completely contradicts the idea of a plan for permanent peace with them, as it contradicts the obligation of fighting to remove them from the Islamic land that they have invaded and occupied, and also contradicts the obligation of preventing Fitna between Muslims, to raise the word of Allah (swt) high, via the return of Islam to the lands of the Muslims, and to remove Judaism from it.

In addition the Qur’anic ayah, “So be not weak and ask not for peace (from the enemies of Islam) and you should have the upper hand; for Allah is with you, and He will never put you in loss for your good deeds” [TMQ Muhammad: 35] contains an order for the Muslims not to be weak and ask for peace, and this order is an obligation, in conjunction with the verses obligating battle and forbidding stopping it, unless there is a valid excuse from the Legislator (swt).

As for the Qur’anic ayah, “But if they incline to peace, then you also incline to it and put your trust in Allah. Verily, He is the All-Hearer, the All-Knower” [TMQ Al-Anfal: 61]; this is permission from the Legislator (swt) for the Khalifah to accept peace on one single condition; which is if there is benefit for the Muslims in it, and if there is no benefit seen by Khalifah in it, then peace becomes forbidden as he stopped obligatory fighting, which is obligatory on all Muslims, for no valid reason.

If one were to study the actions of the Prophet (saw), he would find that he (saw) never formed peace with the disbelievers devoid of any benefit for Islam and the Muslims. So when he (saw) accepted the peace treaty of Al-Hudaybia, he immediately initiated the battle of Khaybar after his return, since he heard of the conspiracy between Khaybar and Makkah to attack the Muslims, as he also began to send letters to the kings and princes, calling them to Islam, which indicates that the treaty of Al-Hudaybia was to gain an advantage linked to Jihad and the spreading of the da’wa. Thus, it is forbidden to form peace when there is no benefit or gain in it, as peace means abandoning the obligatory fighting, which is not permissible except in the case where it is to be used as a means for fighting, where it is still considered fighting.

Conclusion

The Islamic ruling on peace with the Jewish entity in occupied Palestine (Israel) is that it is forbidden and is Haram, and this is for the following reasons:

It is forbidden to make peace with disbelievers, of them the Jewish entity, when they have occupied Islamic land, since if any land enters under the authority of Islam, it becomes Islamic land, and it is forbidden to ever give it away.

There is not even the slightest bit of benefit for the Muslims behind this peace. Rather, this peace, in its true reality, is to the advantage of the Jews where the peace establishes for them security and stability on Muslim land, opening the way for their trade and production to invade our markets, and enabling them to build a ‘Greater Israel’ in the future. So the advertised peace is, in reality, totally different from a truce agreement, as a truce is related to breaking the disagreement and pausing the fighting between the two armies, so that they can re-group and re-organise.

The permanent peace process in the region is nothing more than the solidifying of the borders of the Jewish entity on the lands of Palestine, and the declaration of the legality of their occupying it; and it is also nothing more than the abandoning of the obligation of Jihad.

These agreements signed with the Jews are no more than border agreements, meaning they are to declare permanent borders for them, and the Islamic State does not have borders, as it is a State of Jihad, and if one were to study the verses of the Qur’an revealed in Madinah, he would rarely find a Surah without a verse regarding fighting, such that even the Messenger of Allah (saw) said, “Whoever does not battle and does not speak to himself of battle, died on a branch of hypocrisy.”

None of those who run the affairs of the people today have any right whatsoever to make any agreements of any type in the name of the Islamic Ummah, since the only person permitted to represent the Muslims and run their foreign affairs is the Khalifah; and in the case of the absence of the Khalifah, the agreements formed by these tyrant and oppressive rulers are considered null and void, and it is not allowed for the Muslims to adhere to them, or to abide by any of their conditions, and they must be treated as if they do not exist. It is also forbidden for the Khalifah to give up the land of Palestine, since it is not his property for him to give away, rather it is the property of the entire Muslim Ummah.

In addition it can be seen that this so-called ‘peace’ contradicts the ‘Umari treaty, which saw the consensus of the companions (Ijma as-Sahaba) of the Messenger of Allah (saw), upon forbidding any Jews to live on the holy lands.

O Muslims,

Truly, Jihad is the pillar of the deen and its uppermost part. Muslims cannot have any international standing without it since it is the method that Allah (swt) has obliged for the propagation of Islam, to preserve the Islamic State and protect its citizens.

The true and effective jihad which uproots kufr and liberates the land of the Muslims from the Yahud and Kuffar cannot take place without the existence of the Khilafah State which will unite the Muslims in a single state and under the leadership of one Khalifah who will rule them with the Book of Allah (swt) and the Sunnah of His Messenger (saw), and lead them into the battlefields of jihad to spread Islam and protect the Muslims.

O Muslims!

Today you are between two alternatives: either you are silent, submissive and acquiescent of what the puppet rulers are doing to you, and whatever results from the domination of the Kuffar over your countries and resources, and from your downfall and utter ruin in this life and in the Akhirah. Or you move effectively to seize the power of those rulers and work in earnest with those sincere Muslims who are working for the re-establishment of the Khilafah state and whatever follows by our return to our past glory as the greatest Ummah and the most powerful state which will fight in the path of Allah so that the truth may prevail and falsehood shall perish.

“And Allah has full power and control over His affairs, but most of men know not.” [TMQ Yusuf: 21]

 
Source:  Khilafah Magazine December 2000