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Concerning
the Peace Treaty
[The
Following questions and answers are taken from at-Tawheed
magazine (vol. 23; no. 10), which were a further clarification
by the noble Shaykh
'Abdul-'Azeez ibn Baaz (hafitha-hullaah)
about the original set of questions concerning the Peace Treaty
with the Jews, which first occurred in al-Muslimoon magazine
(21st Rajab
1415H)]
Editor's
introduction
The
main purpose for presenting this particular fatwa
(legal ruling) of Shaykh 'Abdul-'Azeez ibn Baaz (hafitha-hullaah)
is to show precisely what was said by him concerning this
issue, and the principles upon which the fataawa
was based - remembering: that if the ijtihaad
of the Shaykh is correct, then he is rewarded two-fold from
Allaah, and if he has erred, then he has a single reward -
as he (sal-Allaahu
`alayhe wa sallam) said:
((When
a judge judges and strives and is correct, then he has two
rewards. If he judges and strives and errs, then he has a
single reward)), [al-Bukhaaree
(13/318) and Muslim
(no.1716)]
The
text of the questions and answers
Question:
Some people have understood from your answer to the question
about the peace with the Jews - and it was the first question
in the discussion - that a peace treaty or truce with the
Jews, who have seized land and committed oppression, is unrestrictedly
permissible; and that it means we may have love and affection
for the Jews. It also means that we may not include anything
which will cause hatred for them, or dissociation from them,
in the educational curriculum in the Islaamic lands, nor in
sources of information - claiming that peace with them means
this, and that after the peace treaty they are no longer enemies
whom we believe to be our enemies, and because the world today
lives in a state of harmony between nations and of peaceful
co-existence - therefore it is not allowed to spread religious
hatred between the nations. So we hope that you will clarify
this matter.
Response:
The reply is: that a peace treaty with the Jews, or with other
kuffaar
(disbelievers), does not mean having love for them, nor taking
them as friends and allies. Rather it means only peace between
the two sides and that each of them will not harm the other,
and other things such as buying and selling and exchanging
ambassadors; and other dealings which do not mean love for
the kuffaar
or taking them as friends and allies.
And the Prophet (sal-Allaahu
`alayhe wa sallam) established a peace treaty with the
people of Makkah;
and that did not mean that they loved them or took them as
friends and allies, rather the enmity and hatred remained
between them until Allaah made easy the conquest of Makkah
in the year of conquest - and the people entered Allaah’s
religion in crowds.
Likewise
the Prophet (sal-Allaahu
`alayhe wa sallam) established a peace treaty with the
Jews of Madeenah
when he emigrated to Madeenah
- and it was not restricted by any time limit. So this did
not necessitate love of them, nor affection for them. Rather,
he (sal-Allaahu
`alayhe wa sallam) used to have dealings with them, speaking
to them, calling them to Allaah and encouraging them to enter
Islaam.
Furthermore,
when he (sal-Allaahu
`alayhe wa sallam) died, his armour was held in pledge
by a Jew for some food which he bought for his family. Then
when the tribe of an-Nadheer acted treacherously he (sal-Allaahu
`alayhe wa sallam) banished them from Madeenah.
And
when Quraydhah broke their treaty; supporting the Unbelievers
of Makkah
on the Day of al-Ahzaab in fighting against the Prophet (sal-Allaahu
`alayhe wa sallam) - then the Prophet (sal-Allaahu
`alayhe wa sallam) fought them, killing the combatants
from them and taking their women and children captive - after
Sa’d Ibn Mu’aadh - radiyallaahu ’anhu - was
appointed judge in their matter and gave that judgement. The
Prophet (sal-Allaahu
`alayhe wa sallam) informed that his judgement had indeed
agreed with the judgement of Allaah from above the seven heavens.
Likewise was the case with the Muslims from the Companions
and those who came after them, it occurred many times that
peace treaties were established between them and the kuffaar
- Christians and others - but that never meant that they had
affection, love or friendship with them, as He - the Most
Perfect - says:
{Indeed,
you will find the strongest amongst people in enmity to the
Believers to be the Jews and the polytheists},
[Soorah
al-Maa.idah, Aayah
82]
He - the
Most Perfect -- says:
{Indeed,
there is for you an excellent example in Ibraaheem, and those
with him; when they said to their people: Verily we are free
from you and what you worship besides Allaah. We have rejected
you, and there has started between us and yourselves enmity
and hatred forever - unless you truly have eemaan (faith)
in Allaah and worship Him alone}, [Soorah
al-Mumtahinah, Aayah
4]
And He
- the Most Perfect -- says:
{O
you who Believe! Do not take the Jews and Christians as intimate
friends and protectors, they are but intimate friends and
protectors to each other. And whosoever turns to them for
this, is surely one of them. Indeed Allaah does not guide
a people who are wrong-doers}, [Soorah
al-Maa.idah, Aayah
51]
And He
- the Mighty and Majestic - says:
{You
will not find any people who believe in Allaah and the Last
Day loving those who oppose Allaah and His Messenger, even
though they be their fathers, their sons, their brothers or
their relatives}, [Soorah
al-Mujaadilah, Aayah
22]
And
the aayaat
with this meaning are many.
The
fact that a peace treaty with the kuffaar
- be they Jews or other than them - if it is called in order
to attain benefit or because of need, then this does not mean
affection or love for them, nor friendship and allegiance
with them. Thus, when (sal-Allaahu
`alayhe wa sallam) conquered Khaybar, he established a
peace treaty with the Jews of Khaybar on the basis that they
would take care of the palm trees and crops belonging to the
Muslims and half the produce would then be for them and the
other half for the Muslims. So they continued upon that in
Khaybar and he (sal-Allaahu
`alayhe wa sallam) did not lay down any time limit, rather
he (sal-Allaahu
`alayhe wa sallam) said:
((We
will leave you upon that for as long as we wish))
...and
in another narration:
((We
will leave you upon it for as long as Allaah leaves you upon
it))
So they
continued upon this until ’Umar - radiyallaahu ’anhu
- banished them.
And it
is related that ’Abdullaah Ibn Rawaahah - radiyallaahu
’anhu - that when he estimated the amount due to them
for one year, they said: You have estimated unjustly. So he
- radiyallaahu ’anhu - said:
"By
Allaah! My hatred for you and my love for the Muslims does
not lead me to treat you unjustly. So if you wish you may
take the share that I have estimated for you, and if you wish
then we will take that share’’
[Compare
this with the saying of Hasan al-Bannaa - as occurs in at-Tareeq
ilal-Jamaa’atil-Umm (p. l32) - that he said at a party
gathering: "The movement of al-Ikhwaan is not directed
against any ’aqeedah (beliefs) from the differing ’aqeedahs,
nor any religion from the various religions, nor any of the
differing groups and parties. Al-Ikhwaanul-Muslimoon do not
hate the foreigners (i.e. the non-Arabs) who settle in the
Arabic and Islaamic lands, and they do not hold any evil towards
them - even the Jews who live in the land. Rather, there is
nothing between us and them except good relations"]
So
all of this shows that peace treaties and truces do not necessitate
love, friendship and affection for the enemies of Allaah -
as is thought by some of those who have little knowledge of
the pure Sharee'ah
rulings. Therefore, it will be clear to the questioner and
others, that peace with the Jews - or other disbelievers -
does not mean that we change educational curriculae, nor any
other dealings relating to loving and friendship and allegiance
- and it is Allaah who grants success.
Question:
Does an unrestricted peace treaty with the enemy mean that
we concede to them Palestine - the land of the Muslims which
they have seized. And that it has now become a permanent land,
by right, for the Jews due to the agreement made by the United
Nations - which represent the nations of the earth. Then the
United Nations will seek to punish any nation which tries
to restore this land, or fight the Jews who are in it.
Response:
The peace between the leader of the Muslims in Palestine and
the Jews does not mean that the Jews will permanently own
the lands which they now possess. Rather, it only means that
they would be in possession of it for a period of time until
either the truce comes to an end, or until the Muslims become
strong enough to force them out of the Muslim lands - in the
case of an unrestricted peace. Likewise, it is obligatory,
when we have the ability, to fight the Jews until they enter
into Islaam or give the jizyah
(a tax levied on those who are permitted to live under the
protection of a Muslim state) in servility.
[However,
it occurs in Hadeethul-Jareedur-Raayatil-Qatariyyah (no. 4696),
that Yoosuf al-Qaradaawee - one of the leaders of the present-day
modernist movement - said: ‘‘Indeed we do not fight
the Jews due to ’aqeedah, but rather because of land!’’]
The same
applies to the Christians and the Magians, as Allaah - the
Most Perfect - says in Soorah
at-Towbah, Aayah
29:
{Fight
against those who do not believe in Allaah and the Last Day,
nor forbid that which has been forbidden by Allaah and His
Messenger, nor acknowledge Islaam, the religion of truth,
from amongst the People of the Book (i.e. the Jews and Christians),
until they pay the jizyah
with willing submission and feel themselves subdued}
It
is also established in the Saheeh of al-Bukhaaree that he
(sal-Allaahu
`alayhe wa sallam) took the jizyah
from the Magians. Therefore they have the same ruling as the
Ahlul-Kitaab
(the People of the Book) with regards only to the jizyah
- if they do not accept Islaam. However, as for the allowance
of their food and their women, then that is particular only
to Ahlul-Kitaab,
as is stated in the text of the Book of Allaah - the Most
Perfect - in Soorah
al-Maa.idah, Aayah
55]. And al-Haafidh Ibn Katheer (d.771H) (rahima-hullaah)
states what we have said relating to the peace treaty in tafseer
(explanation) of the saying of Allaah - the Most High - in
Soorah
al-Anfaal, Aayah
61:
{But
if they incline to peace, then you also incline to it, and
put your trust in Allaah. Indeed He is the all-Hearer, the
all-Knower}
Question:
Is it permissible to build upon the peace treaty with the
Jewish enemy by allowing them what is termed normalization
of relations; and allowing them to take economic benefit from
the Islaamic lands and other spheres which will give them
great benefit and increase their strength and establish them
further upon the Islaamic lands which they have misappropriated;
and the Muslims can open their markets for them to sell their
goods, and that they must open economic foundations - such
as banks and businesses in which the Jews have a share along
with the Muslims, and that they must likewise share the water
sources such as the Nile and the Euphrates - even though they
do not flow through Palestine?
Response:
The peace between the Palestinian Liberation Organization
and the Jews does not necessitate what the questioner mentioned
with regards to the rest of the countries. Rather, each country
sees what is beneficial So if it sees that it is beneficial
for the Muslims in its land to have peace with the Jews and
to exchange ambassadors and to engage in trade and other dealings
which are considered lawful by the pure Sharee'ah
of Allaah, then this is alright.
However,
if it sees that the benefit for it and its people lies in
cutting-off from the Jews, then it should act as the Sharee'ah
requires and benefit necessitates Likewise, with regard to
all the rest of the kaafir
lands - their ruling being the same as the Jews in this matter.
So
what is obligatory upon everyone who is in charge of the affairs
of the Muslims -whether he is a king, and Ameer or a President
of a Republic: - is that he takes care of what is beneficial
to his people and allows what will be beneficial to them,
from those matters which Allaah has not forbidden in His pure
Sharee'ah,
and that he prevents other than that with any kaafir
state, acting upon the saying of Allaah - the Mighty and Majestic:
{Indeed,
Allaah does command you to render back the trusts to those
to whom they are due}, [Soorah
al-Maa.idah, Aayah
58]
{So
if they incline to peace, then you too incline to peace},
[Soorah
al-Anfaal, Aayah
61]
And
following also the example of the (sal-Allaahu
`alayhe wa sallam) in the peace treaties he made with
the people of Makkah,
and the Jews in Madeenah
and in Khaybar. And he (sal-Allaahu
`alayhe wa sallam) said in an authentic hadeeth:
((Each
one of you is a responsible guardian and each one of you will
be asked about those he is responsible for. So the ruler over
the people is a responsible guardian and will be questioned
concerning those he is responsible for; and the man is the
responsible guardian over the people of his house and will
be questioned about those he is responsible for, and the woman
is the responsible guardian in the house of her husband and
will be questioned about those she is responsible for; and
the slave is a responsible guardian over the wealth of his
owner and will be questioned about his responsibility. Indeed,
each of you is a responsible guardian and will be questioned
about what he is responsible for)), [al-Bukhaaree
(13/100) and Muslim
(no.1829]]
And Allaah
- the Mighty and Majestic - says in His Noble Book:
{O
you who Believe! Do not betray Allaah and His Messenger, nor
knowingly betray those things that have been entrusted to
you}, [Soorah
al-Anfaal, Aayah
27]
So
all of this is with regards to when one is unable to fight
the disbelievers, or unable to make them give the jizyah,
if they are from Ahlul-Kitaab.
However, when one does have the power to fight jihaad
against them, then what is required is to call them to enter
into Islaam, or be killed, or to pay the jizyah
- if they are from its people. In this case it is not permissible
to seek peace with them, nor to abandon fighting and the jizyah.
Rather, seeking peace is allowed when there is a need or necessity;
when you are unable to fight them or enforce the jizyah
upon them - if they are from its people, as Allaah - the Most
Perfect, the Most High - says in the aayah that has already
preceded:
{Fight
against those who do not believe in Allaah and the Last day,
nor forbid that which has been forbidden by Allaah and His
Messenger, nor acknowledge Islaam, the religion of truth,
from amongst the People of the Book (i.e. the Jews and Christians),
until they pay the jizyah
with willing submission and feel themselves subdued},
[Soorah
at-Towbah, Aayah
29]
{And
fight them on until there is no more fitnah and the Religion
is made purely for Allaah}, [Soorah
al-Anfaal, Aayah
39]
And
the action of the Prophet (sal-Allaahu
`alayhe wa sallam) with the People of Makkah
on the day of Hudaybiyyah; and on the day of the Conquest;
and also with the Jews when he came to Madeenah
shows what we have said. We ask Allaah to guide the Muslims
and to grant them every good; and that He puts their affairs
in a good state, granting them knowledge and understanding
of the Religion. And that He places the best of them in charge
of them, correcting their leaders and helping them to fight
jihaad
against the enemies of Allaah in the way that is pleasing
to Him. Indeed He is the One to grant that, and the One having
full power over it. And may Allaah’s praises and blessings
be upon our Prophet Muhammad and upon his Family, Companions
and followers.
..........
Translated by: Maaz Qureshi
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