The Islamic Ruling on the Permissibility of Martyrdom
Operations
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Did Hawa Barayev Commit Suicide or achieve Martyrdom?
Introduction
All praise is due to Allah, Sustainer of the Universe,
Who informs us that:
"Were it not for Allah's repelling some people by
means of others, the earth would surely have become corrupt." [Quran]
The choicest peace and blessings be on the Chief of
the Prophets, who has said,
"By [Allah] in Whose Hand is my soul! I have
surely wished to be killed in the path of Allah, then brought to life, then
killed [again], then brought to life, then killed!" [Bukhari, Muslim and others]
And who has also said, "Act, and each will be
eased to that for which he was created." [Bukhari, Muslim and others]
Allah legislated Jihad for the dignity of this Ummah,
knowing that it is abhorrent to us. People today have neglected this great
duty, and pursued what they love, thinking good lies in what they love, and
failing to realize that good lies in that which Allah has legislated.
Allah has blessed us, here in Chechnya, by allowing us
to fight unbelief - represented by the Russian army, and we ask Allah to
strengthen and assist us. We praise Allah also for allowing us to have scored
victories over the enemy. Some of us have fulfilled their pledges; others are
still waiting. Verily, Allah has fulfilled His promise to us, and granted us
dignity through Jihad. Our martyred brothers have written, with their blood, a
history we can be proud of, and their sacrifices only increase us in eagerness
for our own martyrdom, so as to meet Allah, and to be resurrected with the
Prophet (peace and blessings be upon him), his companions and all the other
prophets, martyrs and righteous ones.
The Ummah has become used to hearing, through its
history, about men who sacrifice their lives for the religion, but they are not
as familiar with women doing the same. The young woman who was - inshaa-Allah -
martyred, Hawa Barayev, is one of the few women whose name will be recorded in history.
Undoubtedly, she has set the most marvellous example by her sacrifice. The
Russians may well await death from every quarter now, and their hearts may
appropriately be filled with terror on account of women like her. Let every
jealous one perish in his rage! Let every sluggish individual bury his head in
the dirt! She has done what few men have done. Every supporter of the truth
should prepare to give the like of what she has given. The Ummah may well be
proud that such a paragon has appeared in our midst. We are certain that an
Ummah that contains people like her will never - by Allah's leave - become
devoid of good.
However, while we were in the midst of rejoicing over
our sister's self-sacrifice, and we were still supplicating for her to achieve
forgiveness and mercy from Allah, we received mail which clouded our joy. It
came, not from an enemy or envier, but rather from a handful of people whom we
presume wanted to offer constructive advice. However, they erred, and accused
the great Mujahidah, Hawa Barayev, of having committed suicide, saying that it
was not permissible for her to have acted thus. Nor did they think it was
permissible for us to mention her account on our website, rather that we should
have criticized her. They mentioned evidences which they had misunderstood to
imply what they claimed. In this study, we shall clarify that Hawa Barayev -
and similarly `Abdur-Rahman Shishani, Qadi Mowladi, Khatam, his brother `Ali,
`Abdul-Malik and others - are, Allah willing, in Gardens of Eternity, in the
bodies of green birds, betaking themselves to lanterns hanging from the `Arsh.
This is how we regard them, but we do not sanctify anyone before Allah.
Before we embark on a detailed exposition concerning
the Islamic verdict on martyrdom operations, it is appropriate for us to first
present a brief, to-the-point response:
Firstly : If you did not know,
could you not ask? It is not appropriate for someone who is unaware of a
verdict to make sweeping statements accusing others of wrongdoing. If those who
criticized us had only investigated the issue first, they would have found that
the issue is, at worst, a disagreed issue among scholars, such that we cannot
be criticized for following legitimate scholarship.
Secondly : We
request our respected brothers, who seek the truth, not to criticize us for
anything without backing the criticism with verdicts of scholars, and
[especially] the understanding of the Pious Predecessors.
Thirdly : Dear
brothers and sisters! Not every martyrdom operation is legitimate, nor is every
martyrdom operation prohibited. Rather, the verdict differs based on factors
such as the enemy's condition, the situation of the war, the potential martyr's
personal circumstances, and the elements of the operation itself. Thus, one may
not give a verdict on such operations without having an understanding of the
actual situation, and this is obtained from the Mujahideen, and not the
unbelievers. How, then, can you accuse us of ignorance when you are unaware of
our situation, let alone the specific details of the operation in question?
Definition of Martyrdom Operations,
and their Effect on the Enemy
Martyrdom or self-sacrifice operations are those
performed by one or more people, against enemies far outstripping them in
numbers and equipment, with prior knowledge that the operations will almost
inevitably lead to death.
The form this usually takes nowadays is to wire up
one's body, or a vehicle or suitcase with explosives, and then to enter amongst
a conglomeration of the enemy, or in their vital facilities, and to detonate in
an appropriate place there in order to cause the maximum losses in the enemy
ranks, taking advantage of the element of surprise and penetration. Naturally,
the enacter of the operation will usually be the first to die.
Another technique is for an armed Mujahid to break
into the enemy barracks, or area of conglomeration, and fire at them at
close-range, without having prepared any plan of escape, nor having considered
escape a possibility. The objective is to kill as many of the enemy as
possible, and he will almost certainly die.
The name 'suicide-operations' used by some is
inaccurate, and in fact this name was chosen by the Jews to discourage people
from such endeavours. How great is the difference between one who commits
suicide - because of his unhappiness, lack of patience and weakness or absence
of iman and has been threatened with Hell-Fire - and between the
self-sacrificer who embarks on the operation out of strength of faith and
conviction, and to bring victory to Islam, by sacrificing his life for the
upliftment of Allah's word!
As for the effects of these operations on the enemy,
we have found, through the course of our experience that there is no other
technique which strikes as much terror into their hearts, and which shatters
their spirit as much. On account of this they refrain from mixing with the
population, and from oppressing, harassing and looting them. They have also
become occupied with trying to expose such operations before they occur, which
has distracted them from other things. Praise is to Allah. Many of their
imminent plans were foiled, and furthermore, Putin issued a severe condemnation
of the Home Affairs and Defense Ministers, placing the responsibility on them,
and threatening high-level reshufflings in the two ministries. Those troops who
are not busy trying to foil martyrdom operations are occupied with removal of
Russian corpses, healing the wounded, and drawing out plans and policies from
beneath the debris. This is all on the moral level.
On the material level, these operations inflict the
heaviest losses on the enemy, and are lowest in cost to us. The cost of
equipment is negligible in comparison to the assault; in fact the explosives
and vehicles were captured as war-booty, such that we returned them to the
Russians in our special way! The human casualty is a single life, who is in
fact a martyr and hero gone ahead to Gardens of Eternity, inshaa-Allah. As for
the enemy, their losses are high; after the last operation, they had over 1,600
dead and wounded, and the most crucial concentration of Russian forces in
Chechnya was completely destroyed.
All of this was achieved by the efforts of only four
heroes. We feel sure that the Russians will not remain long in our land with
such operations continuing. Either they will fear aggregation, in which case
they will become easy targets for attack, or they will gather together to
combat the assaults, in which case the martyrdom operations will be sufficient
- Allah willing - to disperse them. If they wish to keep matters under control,
they would need more than 300,000 troops in every city, and this is no
exaggeration.
One can see how much fear the operations in Palestine
caused, and that they were a major factor in convincing the Jews to grant
self-rule to the Palestinians, hoping that they could be more easily controlled
in that way. In Chechnya, the damage is much greater than in similar operations
in Palestine, on account of Russian fortification being much less than that
possessed by the Jews.
Evidences for the Issue
Before going into the verdict concerning the
operations, citing the pronouncements of scholars about them, and resolving
some unclear issues, it is appropriate for us to first present some of the
Shar`i (Islamic law) evidences, and then follow them up with discussion and
application thereof. We will not analyze the chains of transmission of each
narration separately; we will regard it as sufficient that the basis of the
evidence is in the collections of Bukhari and Muslim, and hence any reports
outside of these two books is strengthened by them.
1 - "Verily, Allah has purchased from the
believers their selves and their wealth, in return for Heaven being theirs.
They fight in the path of Allah and they kill and are killed " [Qur'an,
9:111]
Hence, any scenario in which the Mujahid offers the
purchase price in order to attain the merchandise is permissible unless an
evidence exists to specifically prohibit it.
2 - "How many a small force has overcome a
numerous force, by the permission of Allah. And Allah is with the steadfast
ones." [Qur'an, 2:249]
This verse indicates that the measure of power in the
Shari`ah is not primarily linked to material, worldly measures.
3 - "Among mankind is he who sells himself
seeking the pleasure of Allah. And Allah is Pitying towards the servants."
[Qur'an, 2:207]
According to the explanation of this verse by the
Sahabah, as we cite below, one who sells himself for the sake of Allah is not
considered to have committed suicide, even if he immerses himself into 1,000 of
the enemy forces without armour.
4 - In the hadith in Sahih Muslim, containing the
account of the boy and the king in the story of the Trenches referred to by
Surah al-Buruj, we find that the unbelieving king tried various means to kill
the believing boy, failing each time. Eventually, the boy told him, "You
will not be able to kill me until … you gather people on one plateau, hang me
on a palm-trunk, take an arrow from my quiver, place it in the bow, say,
"In the name of Allah, the Lord of the boy," and shoot me." The
king did this, and thereby managed to kill the boy as predicted, but the people
who had gathered began saying, "We believe in Allah, the Lord of the
boy!" Thereupon, the king ordered trenches to be dug, and fires lit in
them, and then for the people to be made to jump into them if they refused to
give up their faith. This was done, and eventually a woman was brought with her
infant, and she hesitated to jump on account of him, but he said, "O
mother! Remain steadfast for you are upon the truth."
The boy, in this hadith, ordered the king to kill him
in the interest of the religion, and this indicates that such a deed is
legitimate, and not considered suicide.
5 - Imam Ahmad has narrated in his Musnad (1/310)
[and a similar narration is in Ibn Majah (4030)] that Ibn `Abbas
said that the Messenger of Allah said, "On the night in which I was taken
by night, a pleasant fragrance came my way, and so I said, "O Gabriel!
What is this pleasant fragrance?" He said, "This is the
fragrance of the hairdresser of Pharaoh's daughter, and [of the hairdresser]'s
children." I said, "What is her situation?" He said, "While
she was combing Pharaoh's daughter's hair one day, the comb fell from her hand,
so she said, "In the name of Allah." Pharaoh's daughter asked,
"[You mean] my father?" She said, "No, rather my Lord,
and the Lord of your father, is Allah." She said, "Can I tell
him that?" She said, "Yes."" The hadith goes on
to describe that a huge brass pot was heated, and it was ordered for her and
her children to be cast therein. She requested from Pharaoh - and he acceded to
her request - that her bones and her children's bones be gathered in a single
cloth and buried. Her children were then thrown into the cauldron one by one
before her eyes, until they got to a suckling infant, and it seemed she wavered
on account of him, but he said, "O mother! Jump in, for the torture of
this world is lighter than the punishment of the Hereafter." So she
jumped in.
The narrators of the chain [of Imam Ahmad's version]
are reliable, apart from Abu `Umar al-Dareer, whom al-Dhahabi and Abu Hatim
al-Razi considered truthful, and Ibn Hibban considered reliable.
According to this hadith, the child was made to speak,
as was the child in the preceding story of the trenches, telling the mother to
jump into the fire, which indicates the virtue of this deed.
6 - Abu Dawud (3/27) and Tirmidhi (4/280) have
narrated (and Tirmidhi graded it as sahih) that Aslam ibn `Imran narrated that
when they were fighting a mighty army of the Romans, a man in the Muslim army
attacked the Roman ranks until he penetrated them. People shouted, saying, "SubhanAllah!
He has contributed to his own destruction." Thereupon, Abu Ayyub
al-Ansari stood up, and said, "O people! You give this interpretation
to this verse, whereas it was revealed concerning us, the Ansar, when Allah had
given honour to Islam and its supporters had become many, whereupon some of us
secretly said to one another … "Our wealth has been depleted, and Allah
has given honour to Islam and its supporters have become many, so let us stay
amidst our wealth and make up what has been depleted of it." Thereupon,
Allah revealed to His Prophet [meaning] "And spend in the Path of
Allah, and do not contribute to your own destruction" [Qur'an,
2:195] refuting what we had said. So, the destruction lay in staying
with our wealth and repleting it, and abandoning combat." Abu Ayyub
remained fixed until he [was killed and] was buried in Rome.
Al-Hakim authenticated it, saying it conforms to the
criteria of Bukhari and Muslim, and Dhahabi corroborated him. Nasa'i and Ibn
Hibban also narrated it. Bayhaqi included it, and other narrations in his Sunan
in a chapter entitled, "Permissibility of a man or men fighting alone in
the enemy land," thereby citing it as evidence for the permissibility of
advancing against a group, even if the more likely result is that they will
kill him.
In this hadith, Abu Ayyub explained that the verse
(Qur'an, 2:195) does not apply to one who plunges into the enemy ranks alone,
even though it may seem to people that he is destroying himself. The Sahabah
tacitly confirmed this explanation of his [by not objecting].
7 - Ibn Abi Shaybah has narrated in his Musannaf
(5/338) that Mu`adh ibn `Afra' asked the Messenger of Allah, "What
makes Allah laugh upon His slave?" The reply: "[The servant]
immersing himself into the enemy without armour." Mu`adh then took off
his armour and fought until he was killed.
This hadith is a clear evidence for the virtue of
Jihad operations in which it is most likely that one will die, and it indicates
that Jihad has some special rules which permit what may normally be prohibited.
8 - Ibn Abi Shaybah has extracted (5/289) [and
similarly Tirmidhi (2491 and 2492, the latter narration he classified as sahih)
and Nasa'i (1597 and 2523), and Ahmad (20,393), as well as Tabarani (in
al-Kabir, with a hasan chain) and Ibn al-Mubarak (in Kitab al-Jihad, 1/84)], "Three
[categories of people] Allah loves,…" and among them is "a man
who was in a dispatchment and met the enemy, and they were defeated, but he
faced them with his chest until he was killed or victorious." Al-Hakim
also narrated it, and said it is sahih.
9 - Ahmad narrated in his Musnad (6/22) from
Ibn Mas`ud that the Prophet said, "Our Sustainer marvels at two men: a
man who stirs from his bed … to salah … and a man who fights in the path of
Allah, and his companions are defeated, and he realizes what awaits him in
defeat and what awaits him in returning [to combat], but he returns [to combat]
until his blood is spilled. Allah says, "Look at My servant who went
back [to combat] hopeful and anxious for what is with Me, until his blood was
spilled."
Ahmad Shakir said,: its chain is sahih. Haythami said
in Majma` al-Zawa'id: Ahmad ad Abu Ya`la narrated it, as did Tabarani in
al-Kabir, and its isnad is hasan. Abu Dawud and Al-Hakim narrated it in
abbreviated form, and Al-Hakim authenticated it. Ibn al-Nahhas said: even if
there were only this single authentic hadith, it would suffice us as evidence
for the virtue of plunging [into the enemy ranks].
10 - Muslim has narrated from Abu Hurayrah, "Among
the best of lives for people is a man who clasps the reins of his horse in the
path of Allah, rushing on its back; whenever he hears a cry [of battle] or
advancement towards the enemy, he hurries to it, seeking death and being slain
with eagerness."
This indicates that seeking to be killed and pursuing
martyrdom are legitimate and praiseworthy acts.
11 - Bayhaqi has narrated in Al-Sunan al-Kubra
(9/100) with a sahih chain from Mujahid that the Prophet sent out `Abdullah ibn
Mas`ud and Khabbab as one dispatchment, and Dihyah as a dispatchment on his
own.
This indicates that regardless of the level of risk in
a Jihad operation, it remains permissible by default, and the greater the risk,
the greater the reward.
12 - Bukhari and Muslim have narrated that Talhah
shielded the Prophet from arrows in the Battle of Uhud, and his hand was
crippled thereby.
13 - Bukhari and Muslim have reported that Salamah ibn
al-Akwa` was asked, "For what did you pledge allegiance to the Prophet
on the Day of Hudaybiyyah?" He said, "For death."
14- Many have reported from Muhammad ibn Thabit ibn
Qays Ibn Shimas, when the Muslims were disclosed on the Day of Yamamah, Salim,
the freed-slave of Abu Hudhayfah, said, "This is not how we used to act
with the Messenger of Allah." Then, he dug a trench for himself, and
stood in it carrying the flag, and fought until he was killed as a martyr on
the Day of Yamamah.
This and the next report indicate that steadfastness
is desirable, even if it leads to death, and Salim attributed this type of
action to the [days of] the Messenger of Allah.
15 - Ibn Jareer Tabari has narrated in his Tarikh
(2/151) that in the Battle of Mu'tah, Ja`far ibn Abi Talib took the flag and
fought until he became immersed in the fighting, whereupon he turned to a
light-colored horse he had and wounded it [so he could not escape], then he
fought until he was killed. Hence, JA`far was the first Muslim to wound his
horse [in this manner].
16 - Muslim has narrated that a man heard a Sahabi
saying, when the enemy was near, "The Messenger of Allah said : The
doors of Heaven are under the shade of the swords." The man, upon
hearing this, got up and asked for verification of the hadith. When it was
confirmed, he turned to his companions, gave them the greeting of salam, broke
and discarded the scabbard of his sword and then advanced to the enemy with his
sword, striking them until he was killed.
[The original study in Arabic contains 40 narrations,
but for brevity we have omitted the remainder].
Verdicts of Scholars Concerning one
who Attacks the Enemy Alone
Having established the permissibility of plunging into
the enemy and attacking alone even when death is certain, we proceed and say
that the martyrdom operations are derived from this principle, realizing that
the prohibition of suicide relates to deficiency or absence of faith. However,
the former generations did not have knowledge of martyrdom operations in their
current-day form, for these evolved with the changes in techniques of warfare,
and hence they did not specifically address them. However, they did address
similar issues, such as that of attacking the enemy single-handed and
frightening them with one's own death being certain. They also deduced general
principles under which the martyrdom operations fall, and in doing so they
relied on evidences such as those we have mentioned in the previous section. There
is one difference between the martyrdom operations and their classical
precedent, namely that in our case the person is killed by his own hand,
whereas in the other he was killed by the enemy. We also explain that this
difference does not affect the verdict.
A. Scholars of the Sahabah and Tabi`in
1 - Ibn al-Mubarak and Ibn Abi Shaybah (5/303) have reported, through a sahih
chain, that Mudrik ibn `Awf al-Ahmasi said, "I was in the presence of
`Umar when the messenger of Nu`man ibn Muqrin cam to him and `Umar asked him
about the people, whereupon he replied, "So-and-so and so-and-so were hit,
and others and others whom I do not know." `Umar said, "But Allah
knows them." [The messenger] said, "O chief of the believers! [There
was] a man who sold his life." At this Mudrik said, "That is my
maternal uncle, by Allah, O chief of the believers! People claimed he has
contributed to his own destruction." `Umar said, "They have lied (or:
are mistaken). Rather, he is among those who have bought the Hereafter with this
world." Bayhaqi mentioned that that was on the day of Nahawand.
2 - Ibn Abi Shaybah has extracted (5/322) that a
battalion of unbelievers advanced, and a man of the Ansar faced them and
attacked them, and broke through the ranks, then returned, repeating this twice
or thrice. Sa`d ibn Hisham mentioned this to Abu Hurayrah, who recited the
verse (meaning), "Among mankind is he who sells himself seeking the
pleasure of Allah."
3 - Al-Hakim has extracted in the Book of Tafseer
(2/275) and Ibn Abi Hatim (1/128), with a similar narration recorded by Ibn
`Asakir, that Bara' was asked about the verse (meaning), "And spend
in the Path of Allah, and do not contribute to your own destruction...";
does it refer to a man who encounters the enemy and fights until he is killed?
He said, "No, rather it is a man who commits a sin, and then says Allah
will not forgive him." Al-Hakim said this is authentic according to
Bukhari's and Muslim's criteria. This explanation of the verse was narrated by
Tabari in his exegesis (3/584) from Hudhayfah, Ibn `Abbas, `Ikrimah, Hasan
Basri, `Ata', Sa`id ibn Jubayr, Dahhak, Suddi, Muqatil and others.
B. Verdicts of Renowned Exegetes
1 - Ibn al-`Arabi says in Ahkam al-Qur'an (1/116, and
see also Qurtubi's tafseer 2/364), commenting on the verse, (meaning), "And
spend in the Path of Allah, and do not contribute to your own
destruction...," "There are five views about [the meaning
of] destruction [here]:
Tabari said: "It is general [in scope], and
there is no contradiction between them." He is right, except regarding
plunging into the enemy, for scholars have disagreed concerning this. Qasim ibn
Mukhaymirah, Qasim ibn Muhammad and `Abdul-Malik from among our [Maliki]
scholars said there is no objection to a man single-handedly taking on a large
army, if he is strong and [the action] is sincerely for Allah. If he has no
power, then that is self-destruction. It has been said [by some] that if he is
seeking martyrdom and his intention is sincere, he can attack, for his goal is
to kill one of the enemy forces, and that is clear in the verse (meaning), "Among
mankind is he who sells himself seeking the pleasure of Allah." The
correct view by me is that of permissibility of rushing into an army one cannot
withstand, for it contains four [possible] aspects:
2 - Qurtubi says in his Tafseer (2/364),
"Muhammad ibn al-Hasan al-Shaybani, the student of Abu Hanifah, said: If a
man single-handedly attacks 1,000 pagans, there is no objection to it if there
is hope of success, or inflicting loss on the enemy, otherwise it is disliked,
for then he would expose himself to death without benefit to the Muslims. As
for someone whose aim is to embolden the Muslims to emulate his feat, it's
permissibility is not far-fetched, for it entails benefit to the Muslims in
some ways. if his intent is to frighten the enemy, and demonstrate the Muslims'
strength of faith, its permissibility is not far-fetched. If there is benefit
in it for the Muslims, then giving one's life for the strengthening of the
religion and weakening of the unbelievers, then it is the noble rank praised in
the verse, (meaning), "Among mankind is he who sells himself seeking
the pleasure of Allah." and other verses."
3 - Shawkani says in Fath al-Qadeer (1/297) about the
verse of self-destruction, "The reality is that the words have general
implication, and are not specific to the circumstances of revelation, and so
everything which may be described as worldly or religious self-destruction is
covered by it, as stated by Ibn Jareer al-Tabari. Among that which comes under
this verse is a man attacking an enemy army which he can neither overcome, nor
have any effect beneficial to the Mujahideen."
This implies that if there is a benefit it is
permissible.
C. Texts of the Madhahib
1 - Hanafi
Ibn `Abideen says in his Hashiyah (4/303),
"There is no objection to a man fighting alone, even if he thinks he will
be killed, provided he achieves something such as killing, wounding or
defeating [the enemy], for this has been reported from a number of the Sahabah
in the presence of the Messenger of Allah on the Day of Uhud, and he praised
them for it. If, however, he knows he will not inflict any loss on them, it is
not permissible for him to attack, for it would not contribute to the
strengthening of the religion."
2 - Maliki
Ibn Khuwayz-Mandad said, as cited by Qurtubi in his
Tafseer (2/364), "As for a man single-handedly attacking 100 or more enemy
troops ... this has two scenarios: If he is certain, or reasonably so, that he
will kill the subject of his attack, and emerge safe, then it is good, and
similarly if he is reasonably certain that he will be killed, but will inflict
loss or cause damage, or have a beneficial effect for the Muslims, then it is
permissible also." Statements from Qurtubi and Ibn al-`Arabi have already
preceded.
3 - Shafi`i
In the completion of Al-Majmu` (19/291) by
al-Muti`i, we find, "If the number of the unbelievers are twice the
numbers of the Muslims, and they do not fear perdition, it is obligatory to
stand firm ... If they are more convinced than not of destruction, then there
are two possibilities:
1. That they may turn back, based on the verse (meaning),
"do not contribute to your own destruction..."
2. That they may not turn back, and this is the correct view, based on the
verse, (meaning), "When you encounter a force, remain
steadfast...", and because the Mujahid only fights in order to
kill or be killed. If the number of the unbelievers exceed twice the numbers of
the Muslims, then they may turn back. If they are more convinced than not that
they will not be destroyed, then it is better for them to remain steadfast so
that the Muslims are not routed. If they are more convinced than not that they
will be destroyed, then there are two possibilities:
4 - Hanbali
Ibn Qudamah says in Al-Mughni (9/309),
"If the enemy is more than twice the Muslims' number, and the Muslims are
reasonably certain of victory, then it is preferable to remain steadfast on
account of the benefit [involved], but if they turn back it is permissible, for
they are not immune to destruction ... it is conceivable that they are obliged
to stand fast if they are reasonably certain of victory, on account of the
benefit, but if they are reasonably certain or being defeated by remaining and
being unscathed by turning back, then it is preferable for them to turn back,
but if they remain put, it is permissible, for they have a goal of martyrdom,
and it is also possible that they will be victorious. If they are reasonably
certain of being routed whether they remain put or turn back, then it is
preferable for them to remain steadfast to attain the rank or martyrdom, ...
and also because it is possible they might be victorious."
Ibn Taymiyyah says, in Majmu` al-Fatawa
(28/540),
"Muslim has narrated in his Sahih the story of the people of the trenches,
in which the boy ordered his own killing for the benefit of the religion, and
hence the four imams have allowed a Muslim to immerse himself in the enemy
ranks, even if he is reasonably certain that they will kill him, provided there
is benefit in that for the Muslims. "
5 - Zahiri
Ibn Hazm says in Al-Muhalla (7/294),
"Neither Abu Ayyub al-Ansari nor Abu Musa al-Ash`ari criticized a man
plunging alone into a raging army and remaining steadfast until he was
killed... It has been authentically reported that a man from among the Sahabah
asked the Messenger of Allah about what makes Allah laugh upon a servant, and he
said, "His immersing himself into the enemy without armour,"
whereupon the man removed his armour and entered the enemy [ranks, fighting]
until he was killed."
D. Some Analysis
The hadith of the boy is the strongest of evidences
for this issue. The hadith explains that when the boy saw that his being killed
in a specific way would be a means for spreading the religion, and hence he
advised the king - from whom Allah had protected him hitherto - how to kill
him, for spread of the religion and people's entering into it was more weighty
in his eyes than his remaining alive, and he thereby contributed to taking his
own life. Yes, he did not take it by his own hand, but his opinion was the sole
factor leading to his killing. This is just as if a man, suffering from painful
wounds, asked someone else to kill him; he would be as guilty of suicide as if
he had taken his own life, regardless of who did the killing, for he requested
it. Similarly, Allah praised those who believed in the boy's Lord; those who
were being forced to jump into the pits of fire for refusing to renounce their
faith. Nay, even the infant spoke, encouraging its mother to advance when she
hesitated about entering the fire. They were praised in Surah al-Buruj, which
described their fate as being gardens beneath which flow rivers, and they are
called successful. The story of Pharaoh's daughter's hairdresser is similar. We
have cited evidences from our Shari`ah which fortify these two hadiths, and
nothing has appeared to contradict sacrificing one's life for raising Allah's
word. Hence, the content of these two hadiths is part of our Shari`ah,
according to the majority of scholars.
In fact, we see that this sort of operation was
carried out in the presence of the Prophet, and after him by the Sahabah, not
once but many times. Furthermore, protection of the religion is the greatest
service a Mujahid performs, and the evidences do not leave us with any doubt
that a Mujahid may sacrifice his life for the religion. Talhah shielded the
Prophet with his hand, and this supports the permissibility of a person
sacrificing himself for others in the interests of the religion.
E. Synopsis
It has transpired that scholars gave, to the issue of
plunging single-handed into the enemy with reasonable certainty of being
killed, the same verdict as in cases of death being certain, such that whoever
permits the latter permits the former.
Further, the majority of scholars gave conditions for
the permissibility:
1. Intention
2. Infliction of losses on the enemy
3. Frightening them
4. Strengthening the hearts of the Muslims
Qurtubi and Ibn Qudamah allowed plunging into the
enemy with only a sincere intention, even if no other conditions are fulfilled,
for seeking martyrdom is legitimate. Since there is no explicit stipulation of
the majority's conditions in narrations, this view appears preferable. The
majority deduced their conditions from general standards of the Shari`ah, but
the general need not restrict the specific. Yes, we do say that if there is no
benefit to the Muslims or the Mujahideen, an action should not be carried out,
and is not the most optimal practice, but this is apart from the original
permissibility of the act, for to condemn one seeking martyrdom without a firm
basis is an injustice.
The Issue of using Prisoners as a
Human Shield
The issue of killing Muslim prisoners whom the enemy
has used as a human shield resembles the issue at hand, although there is also
a difference between them. The similarity is that both involve ending a Muslim
life in the interests of the religion. The difference between the issues is
that killing those used as a shield was permitted by scholars out of necessity,
for there does not exist any text permitting the taking of someone else's life,
rather it derives from the public interest overshadowing the individual
interest. Hence, killing prisoners used as a shield is based on the rule of
necessity permitting the unlawful, and of choosing the lesser of two evils when
one is inevitable. As for martyrdom operations, no such rules need be applied,
for we have clear texts encouraging plunging into the enemy ranks in spite of
the certainty of being killed, and it is not a case of necessity.
Killing another person is an even greater sin than
killing oneself; Qurtubi cites in his Tafseer (10/183) consensus of scholars
that anyone who is coerced to kill someone else may not comply. Hence whoever
allows killing another Muslim, where no textual evidence exists, but for an
overwhelming religious benefit, should similarly allow killing oneself for an
overwhelming benefit, for the taking of one's own life is less serious than
taking someone else's life. This would be even if we did not have any texts to
support martyrdom operations, although we actually do have specific evidences,
as mentioned earlier.
The Muslim army is ordinarily prohibited from killing
not only Muslims, but also dhimmis (unbelievers living as protected subjects of
the Muslim state), as well as old men, women and children from among the
unbelievers. If Muslim prisoners of war are used by the unbelievers then it is
not permissible to fire on them except in cases of dire necessity. In the case
of women and children of the unbelievers, however, they could be fired upon for
an expediency of war even if it is not dire necessity, for war may need such
action, but the intention should not be specifically to kill the
non-combatants. The Prophet (peace and blessings be upon him and his Household)
was asked about the pagans being hit by night, and some women and children
being killed in the process, and he replied, "They are from among
them." [Bukhari and Muslim] In the case of Muslims, however, firing is
permissible only if abstaining will lead to a wholesale harm, such as a greater
number of Muslims being killed than those being used as a shield, or the
Muslims being defeated and their land overrun. In such a case, any Muslims
killed as a result will be raised up according to their intentions.
The majority consider it obligatory to attack the
enemy in cases of necessity, even if it leads to the members of a human shield
being killed. [See: Shawkani's Fath al-Qadeer (5/447), Mughni
al-Muhtaj (4/244), Hashiyat al-Dusuqi (2/178), and Ibn Qudamah's al-Mughni
(10/505)] The author of Mughni al-Muhtaj gives two conditions which
should be satisfied:
1. That the Mujahideen try their best to avoid hitting
the shield deliberately.
2. That they do not intend to kill the people in the shield.
Ibn Taymiyyah said, "If the unbelievers use
Muslims as a human shield, and the unbelievers cannot be repelled without
killing [the Muslims], then [the Muslim army may fire], for inflictions and
afflictions may smite one in this world who does not deserve it in the
Hereafter, and it counts as a misfortune for him [for which he may be
rewarded]. Some expressed this by saying, "The killer is a Mujahid and the
killed one is a martyr.""
The majority of Hanafis and Malikis, as well as Imam
Sufyan al-Thawri, have permitted attacking when the enemy have used a shield of
Muslims, whether or not abstaining would be detrimental or lead to defeat,
reasoning that otherwise Jihad would never take place. [See: Fath al-Qadeer
(5/448), Jassas' Ahkam al-Qur'an (5/273) and Minah al-Jaleel (3/151)]
The weakness of this position is clear, in that the sanctity of a Muslim life
is greater than to allow its taking without a clear proof, and moreover such
shields are not universally used, and so Jihad would not necessarily come to a
halt.
In the case of women children and old men from among
the unbelievers being used as shield, the majority of Hanafis, Shafi`is and
Hanbalis have allowed attacking even if it is not a dire necessity. [See: Al-Siyar
al-Kabeer (4/1554) Mughni al-Muhtaj (4/224) and Al-Mughni
(10/504)] The Malikis differed, but for brevity we will not mention their
reasoning. [See: Dardeer's Al-Sharh al-Kabeer (2/178) and Minah
al-Jaleel (3/150).]
The View of the Majority Concerning
one who assists in Killing
Plunging into the enemy ranks without hope of escape
is the greatest means by which a Mujahid contributes to his death, and
contributing to one's own death is just like killing oneself, just as one who
deliberately causes the death of someone is like one who actually killed him.
The majority of scholars, from among the Malikis Shafi`is and Hanbalis, have
subjected one who kills someone by consequence to being killed in retaliation
just as in the case of direct murder.
Among the textual bases for this is that which Bukhari
has reported, that a boy was assassinated, whereupon `Umar said, "Even
if all the inhabitants of San`a took part in it, I would kill them all."
From a rational angle, if killing in retaliation were to be halted in such a
case, murder would increase, for murderers would merely use one or more
accomplices without fear of being executed for the crime. The monetary
compensation of blood-money would not deter all murderers, especially the
well-off. Hence it is fitting for all the participants to be executed, and in a
similar light the Qur'an describes one who kills one person to be like one who
has killed all mankind. [See: Al-Sayl al-Jarrar (4/397), Tafseer
al-Qurtubi (2/251), Majmu` Fatawa Ibn Taymiyyah (20/382), Al-Bahr
al-Ra'iq (8/354), Sam`ani's Qawati` al-Adillah (2/243)]
So, if one who kills himself by plunging into the
enemy is praised, then this praise applies independent of the weapon and manner
in which he gives up his life. We have already mentioned in evidence 14 the
Sahabi's action, and no criticism or stipulation has been recorded from the
Prophet (peace and blessings be upon him) of such a practice. Hence, if
allowing oneself to be killed by the enemy is allowed when it is in the
interests of the Muslims, then clearly killing oneself for the same purpose
should be allowed, and in such a case a Mujahid is exempted from the general
texts which prohibit taking one's own life.
Definition of a Shaheed (martyr)
Nawawi has enumerated [in Sharh Sahih Muslim
(1/515) and Al-Majmu` (1/277)] seven explanations for why the martyr is
called Shaheed:
(1) Because Allah and the Prophet have testified concerning his entry into
Heaven
(2) Because he is alive before his Lord
(3) Because the angels of mercy witness the taking of his soul
(4) Because he will be among those who testify over nations on the Day of
Resurrection
(5) Because his faith and good ending have outwardly been witnessed
(6) Because he has a witness to his death, namely his blood
(7) Because his soul immediately witnesses Heaven.
Ibn Hajar has mentioned fourteen means by which a
person can acquire the title, some of them specifically related to being killed
in the path of Allah and others not. [See: Fath al-Bari (6/43)]
Jurists have given the technical definition of a
martyr as follows:
According to the Hanafis:
"One who is killed by the pagans, or is found
killed in the battle bearing a mark of any wound, whether external or internal
- such as blood emerging from an eye orr the like." [Al-`Inayah
published on the margins of Fath al-Qadeer (2/142) and Hashiyat Ibn
`Abideen (2/268)]
"Anyone who is killed while fighting pagans, or
rebels, or brigands, by a means attributed to the enemy - whether directly or
by consequence - is a shaheed, anyone who is killed by a means not specifically
attributed to [an action of] the enemy is not considered a shaheed."
[Zayla`i's Tabyeen al-Haqa'iq, (1/247). See also Al-Bahr al-Ra'iq
(2/211)]
According to the Malikis:
"One who is killed while fighting warring
unbelievers only, even if killed on Islamic land such as if the enemy attacked
the Muslims, [even if he] did not fight on account of being unaware or asleep,
[and even if] killed by a Muslim who mistook him for an unbeliever, or trampled
by a horse, or mistakenly smitten by his own sword or arrow, or by having
fallen into a well or from a cliff during the fighting." [Dardeer's Al-Sharh
al-Kabeer, (1/425)]
According to the Shafi`is:
"One who is killed in fighting unbelievers,
facing and not running away, for the raising of Allah's word…and not for any worldly
motive." [Mughni al-Muhtaj (1/350) and see Fath al-Bari
(6/129)]
According to the Hanbalis:
"One who dies in a battle with the unbelievers,
whether male or female, adult or not, whether killed by the unbelievers, or by
his own weapon in error, or by having fallen off his mount, or having been
found dead with no mark, provided he was sincere." [Kash-shaf al-Qina`,
2/113. See also Al-Mughni (2/206)]
From the above, it transpires that the majority -
apart from the Hanafis - do not consider the identity of the killing party to
be a factor in determining whether the victim is a shaheed. The majority view
emerges preferable, based on:
i. A hadith narrated by Bukhari (4196) in which `Aamir
while trying to kill an enemy man during the battle of Khaybar, mistakenly
killed himself instead. Someone said he had invalidated his good deeds, but the
Prophet said, "Whoever says that is lying (or mistaken). Verily, he is
has two rewards," and he coupled two of his fingers, "He is a
striver and a Mujahid."
ii. A hadith narrated by Abu Dawud (2539) about a
Sahabi who mistakenly hit himself with his own sword, and people asked, "Is
he a shaheed?", whereupon it is reported that the Prophet said, "Yes,
and I am a witness for him."
Some people may waver about the permissibility of
martyrdom operations because the Mujahid is killing himself. In order to dispel
this confusion, we may remind ourselves that the Shari`ah often gives a
differing verdict about two actions which externally appear the same, but
differ in the intentions behind them. E.g.
These examples, all based on the hadith, "Verily,
actions are only according to intentions…", clearly support the notion
that the verdict concerning the shaheed does not differ based on who the
killing party is, provided the intention is pure. So, one who has a bad
intention and is killed by the enemy is deserving of the Fire, as would be the
case if he kills himself out of pain. And, one who has a sincere intention will
be in Heaven, whether he is killed by the enemy, or kills himself in error.
And, one who helps in killing himself for the good of the religion will be in
Heaven, like the boy, inshaa-Allah.
Definition of Suicide
Suicide here refers to killing oneself on account of
anger, pain or some other worldly motive, and scholars are unanimous that it is
prohibited and moreover a major sin, making the offender deserving of Hell -
either eternally if he legitimizes the act, or for a finite duration [if he did
not legitimize it and died as a Muslim]. "Do not kill yourselves.
Verily, Allah is merciful to you. And, whoever does that, out of animosity and
, We shall burn him in a Fire. And that is easy for Allah."
[Qur'an, 4:29-30; See Tafseer al-Qurtubi, (5/156)]
"Among those before you, there was a man with a
wound, and he was in anguish, so he took a knife and cut his hands, and the
blood did not stop until he died. Allah said, "My servant has
hastened the ending of his life, so I have prohibited Heaven to him." [Bukhari
and Muslim]
"Whoever strangles himself will be strangling
himself in the Fire, and whoever stabs himself will be stabbing himself in the
Fire." [Bukhari and Muslim]
The authentic ahadith on this subject are many. In
fact, we have been ordered not to even wish for death.
"Let not any of you wish for death on account of
harm which has befallen him. But, if he must, he should pray, 'O Allah! Keep me
alive as long as life is better for me, and take my life when death is better
for me." [Bukhari and Muslim]
All of these texts prohibiting suicide related to
killing oneself for worldly motives such as pain or anguish or lack of
patience, and not for raising aloft the Word of Allah. We have already cited
the evidences for permitting a Mujahid to plunge into the enemy ranks without
armour, and these exempt the Mujahid from the generality of the suicide texts.
Can one then say that one who kills himself in order to lift the Word of Allah -
to inflict losses on the enemy, to frighten them, and with a sincere intention
- can we describe him as one committingg suicide? That is a grave slander. We
say that the prohibition of suicide is on account of its resulting from
weakness or lack of faith, whereas the Mujahid in a martyrdom operation is
killing himself on account of the strength of his faith. The boy in the account
of the Trenches referred to in Surah al-Buruj effectively killed himself for
such a reason, and his deed was praiseworthy. Similarly, the Prophet wished for
death in the Path of Allah not once but thrice [the hadith was cited at the
start of the article], and it was permissible because it was not on account of
harm which had befallen him, but rather it emanated from strong faith. So, when
the rationale of the prohibition of suicide becomes clear, one arrives at the
conclusion that martyrdom operations are permissible and praiseworthy when
undertaken for some religious benefit.
Synopsis
We have arrived at the conclusion that martyrdom
operations are permissible, and in fact the Mujahid who is killed in them is
better than one who is killed fighting in the ranks, for there are gradations
even among martyrs, corresponding to their role, action effort and risk
undertaken. Then, we explained how martyrdom operations are the least costly to
the Mujahideen and most detrimental to the enemy. We have heard, as you must
have, that most scholars today permit such operations; at least 30 Fatawa have
been issued to this effect. We explained how this issue is derived from the
issue of plunging single-handedly into the enemy ranks; something which is
praiseworthy by the agreement of jurists. We then further stated that we
preferred the view that such an action is permissible even if martyrdom is the
only goal, although it is certainly not the optimal practice. Martyrdom
operations should not be carried out unless certain conditions are met:
1. One's intention is sincere and pure - to raise the
Word of Allah.
2. One is reasonably sure that the desired effect cannot be achieved by any
other means which would guarantee preservation of his life.
3. One is reasonably sure that loss will be inflicted on the enemy, or they
will be frightened, or the Muslims will be emboldened.
4. One should consult with war strategy experts, and especially with the amber
of war, for otherwise he may upset plan and alert the enemy to their presence.
If the first condition is absent, the deed is
worthless, but if it is satisfied while some others are lacking, then it is not
the best thing, but this does not necessarily mean the Mujahid is not shaheed.
We also explained how causing a death carries the same
verdict as actual killing. Hence one who plunges without armour into the enemy
ranks, being certain of death, just like one who engages in a martyrdom
operation, is effectively causing his own death, but they are praiseworthy
because of the circumstances and intention, and hence are not considered to
have committed suicide. We also clarified that [according to the majority] the
identity of the killer does not have an effect on whether the Mujahid will be
considered shaheed. This dispels the wavering arising from the fact that the
Mujahid is taking his own life. Thus, such operations could take on any of the
five Shar`i verdicts depending on intention and circumstances. Finally, we
clarified that taking one's own life is not always blameworthy; rather it is
contingent on the motives behind it. So, we conclude that one who kills himself
because of his strong faith and out of love for Allah and the Prophet, and in
the interests of the religion, is praiseworthy.
Conclusion
Finally, we should point out that this topic needs a
much more expansive study. However, we are thankful to Allah for having allowed
us to complete this. If we are correct, it is due to Allah, and if we have
erred, then all humans are prone to error. Finally, let the scholars and
students of knowledge approach us with their feedback and advice, for we are in
need of such help. Let them fear Allah in discharging their responsibility to
us.
And peace and blessings be upon the Messenger of
Allah, who rightly strove in the Path of Allah until he left this world, and
also upon his Household and Companions and those who follow them in goodness
until the Day of Judgment.
And our final words are praise to Allah, Lord of the Worlds.