In brief
In a groundbreaking move, Professor Dr. Salman al-Dayah, a respected religious leader, has issued a fatwa condemning the Hamas-led attack on Israel that initiated a devastating conflict, challenging the group’s justifications for violence and advocating for the protection of civilians.
In an unprecedented move, Gaza’s leading Islamic scholar, Professor Dr. Salman al-Dayah, has issued a detailed fatwa criticizing Hamas’s 7 October 2023 attack on Israel, an event that ignited a catastrophic war for the region. Dr. al-Dayah, previously the dean of Sharia and Law at Hamas-affiliated Islamic University of Gaza, holds considerable influence over Gaza’s predominantly Sunni Muslim population of approximately two million people.This fatwa, published as a six-page legal document, questions the religious legitimacy of Hamas's actions, stating they violate fundamental Islamic principles related to jihad. The term 'jihad' in Islam refers to the struggle for righteousness, which can be both spiritual and military. Dr. al-Dayah emphasizes that jihad must align with certain conditions to be justifiable, urging that the attack should have been avoided to prevent the loss of innocent lives.Hamas’s 7 October offensive involved dozens of gunmen infiltrating southern Israel, resulting in the tragic deaths of approximately 1,200 individuals and the abduction of 251 others. In retaliation, Israel launched a severe military response that has reportedly resulted in over 43,400 deaths in Gaza, as per the statistics from the Hams-run health ministry.Dr. al-Dayah argues that the consequent civilian casualties and infrastructure devastation starkly contradict Islamic teachings. He criticizes Hamas for failing to protect non-combatants, asserting that their obligations to ensure the safety and welfare of the civilian population were not met. The scholar cites Quranic verses emphasizing the importance of avoiding actions that provoke undue retaliation from enemies.His fatwa articulates that military actions should be executed in a manner that does not provoke an excessive response and highlights the necessity for leaders to prioritize the care of those uninvolved in conflict, providing essentials like food and refuge. "Human life is more precious to God than Mecca," Dr. al-Dayah states, underscoring the intrinsic value of life in Islam.Positioning himself as a voice of moderation, Dr. al-Dayah has been a critic of Islamist factions, including Hamas and Islamic Jihad, advocating for a unified Islamic governance model over the divisive party-based political systems favored by such groups. In earlier sermons, he has called for an Islamic caliphate adhering strictly to Islamic law, reiterating his opposition to extremist ideologies.The issuance of this fatwa is likely to amplify the ongoing debate within Gaza and the broader Arab world regarding the ethical and legal ramifications of Hamas's violent tactics. It may further exacerbate internal divisions over the ongoing conflict with Israel. Sheikh Ashraf Ahmed, a student of Dr. al-Dayah, noted the significance of the fatwa, calling it a “historical judgment” reflective of their teacher's unwavering commitment to Islamic jurisprudence, despite the imminent dangers of his sect's location amidst Israeli airstrikes.
