Author:
Publication: WorldNetDaily.com
Date: November 7, 2001
URL: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=25230
Captain gets mixed signals from
foreign Islamic leaders
As the U.S. geared up for military
action in Afghanistan, Army Chaplain Capt. Abd Al- Rasheed Muhammad began
questioning the permissibility of a fight against fellow Muslims.
Muhammad, the imam of Walter Reed
Army Medical Center in Washington, sent an inquiry on the matter to the
North American Fiqh Council, which deals with matters of Islamic jurisprudence.
In turn, according to reports published in the Arabic-language press, the
matter was referred to clerics in the Arab world.
At first, the clerics issued a Fatwa,
or edict, permitting Muslim soldiers to take part in the fighting if there
was no alternative. The council delivered the ruling to Muhammad. But on
Oct. 30, the editor of the Arabic London daily Al-Sharq Al-Awsat reported
that the clerics who signed this Fatwa had changed their minds and abrogated
their previous Fatwa with a new one prohibiting participation of Muslim
soldiers in the war in Afghanistan, according to reports translated by
the Middle East Media Research Institute.
The text of the new edict has not
yet been released, according to MEMRI. Meanwhile, Muslim soldiers facing
duty in Afghanistan or other Muslim countries have no clear religious guidance
from Islamic clergy.
Seven years earlier, according to
MEMRI, when he was asked by the Arab weekly Al-Majalah following his appointment
as chaplain in 1994 about his opinion on American forces fighting in Islamic
countries, Muhammad said, "We are soldiers, not politicians. Obeying orders
is a fundamental part of the work of the military, but I hope that America's
relations with Islamic countries and with other countries will be always
good, and if we are forced to intervene, the intervention will be positive.
I pray to Allah every day that we will not be forced to fight our Muslim
brothers, although Muslims kill each other in their civil wars here and
there, which saddens me."
But, following the Sept. 11 attacks,
Muhammad decided it was best to consult with external Islamic authorities.
In his letter to the council, he outlined the goals of the coming war and
said he believed there are more than 15,000 Muslim military personnel that
serve in all three branches of the U.S. armed forces. He wondered if they
should resign or request other duties under the circumstances.
Taha Jaber Al-Alwani, president
of the North American Figh Council, explained last month to London's Al-Sharq
Al-Awsat why he consulted other Islamic clerics in the Arab world following
Muhammad's request: "When a question is referred to us, we often consult
with our brothers, colleagues and teachers in the Islamic world. We send
the question to several experts among the clerics, and when we receive
their answers, we [usually] adopt their Fatwas as they are written and
back them up with proof and explanations - because the Western mind, as
you know, cannot accept anything if it is not proven and explained. Sometimes,
we introduce changes in the Fatwa. ..."
"Many Fatwas [on the matter] were
issued at the time of the Gulf War," he explained, "and we tried to gather
and study them. At the same time, we sent [Muhammad's inquiry] on to a
group of clerics in the Muslim world, asking that they advise us about
the new catastrophe."
Al-Alwani said there were instances
during the Gulf War when Muslim military personnel were advised to transfer
to auxiliary corps such as supplies and transportation.
"It appeared that several Muslim
military personnel's refusal to serve in the war against a Muslim nation
led to Muslim American soldiers being looked at askance," he added. "Therefore,
we made sure that the matter did not reach the Arab or Western media, and
that it would remain between us and the Muslim chaplains in the U.S. Department
of Defense."
Al-'Alwani also expressed doubts
as to whether Osama bin Laden was responsible for the attacks on the U.S.
In an article that appeared in the Saudi daily Al-Watan, Al-'Alwani implied
that Israel was actually behind the attacks.
According to MEMRI, Al-'Alwani's
inquiry was directed to three Arab clerics: Yussuf Al- Qaradhawi, one of
the leaders of the Muslim Brotherhood, UNESCO representative Haytham Al-Khayyat,
who was presented in the Fatwa as an Islamic scholar from Syria, and Muhammad
Salim Al-'Awa. These three also brought in Judge Tareq Al-Bishri and Islamist
columnist Fahmi Huweidi.
Two weeks earlier, reports MEMRI,
on his television program on the Qatar channel Al- Jazeera, Al-Qaradhawi
issued a call to Arab and Islamic countries not to assist the U.S. in its
war in Afghanistan. He stated that should the Taliban declare a jihad against
the U.S., "Muslims must help as best they can." Al- Qaradhawi also said
that although he condemns the attacks against civilians in the U.S., "we
must fight the American army if we can."
But the resulting Fatwa appeared
to starkly contrast with earlier statements by some of those who drafted
it.
"All Muslims ought to be united
against all those who terrorize the innocents, and those who permit the
killing of non-combatants without a justifiable reason," it said. "Islam
has declared the spilling of blood and the destruction of property as absolute
prohibitions until the Day of Judgment. . It is incumbent upon our military
brothers in the American armed forces to make this stand and its religious
reasoning well-known to all their superiors, as well as to their peers,
and to voice it and not to be silent. Conveying this is part of the true
nature of the Islamic teachings that have often been distorted or smeared
by the media."
It continued: "Furthermore, the
questioner inquires about the possibility of the Muslim military personnel
in the American armed forces to serve in the back lines - such as in the
relief services sector and similar works. If such requests are granted
by the authorities, without reservation or harm to the soldiers, or to
other American Muslim citizens, then they should request that. Otherwise,
if such request raises doubts about their allegiance or loyalty, cast suspicions,
present them with false accusations, harm their future careers, shed misgivings
on their patriotism, or similar sentiments, then it is not permissible
to ask for that."
"To sum up, it is acceptable - Allah
willing - for the Muslim American military personnel to partake in the
fighting in the upcoming battles, against whomever their country decides
has perpetrated terrorism against them. Keeping in mind to have the proper
intention as explained earlier, so no doubts would be cast about their
loyalty to their country, or to prevent harm from befalling them as might
be expected. This is in accordance with the Islamic jurisprudence rules,
which state that necessities dictate exceptions, as well as the rule that
says one may endure a small harm to avoid a much greater harm," concluded
the Fatwa.
But the edict prompted immediate
opposition.
Sheikh Muhammad Al-Hanooti, a member
of the North American Fiqh Council, stated at an Oct. 12 press conference
of the American Muslim Council: "Muslims can fight provided that they get
legitimacy [by religious ruling] for what they are going to do, if a certain
people ... or country are judicially indicted. . Up to this moment, I don't
see any evidence or proof [against the Taliban or bin Laden]. ... We cannot
take action without judicial indictment [of bin Laden]. I know there is
a crime done. The people who did it are criminals, but who should decide
about their indictment? A judge. I disagree with anyone who gives support
to the action taken by the president of the United States without this
kind of indictment."
Al-Hanooti concluded: "Therefore,
we cannot participate as American soldiers in a war whose legitimacy in
Islamic religious law has not been established, regardless of whom we fight
against, Muslims or non-Muslims."
Ahmad Al-Raysouni, professor of
Shari'ah at the University of Morocco, said: "It is not permissible to
launch any attacks against Muslims, to fight them or to carry out any transgression
against them. In a show of respect to Muslim creed and [the Muslim American
soldiers'] feelings, the American administration, I think, will appreciate
the attitude of Muslims and will avoid pushing Muslims forward to kill
their fellow brothers. The U.S. administration may also consider the issue
through strategic perspectives with the aim of preserving discipline and
stability in the American army. However, if Muslim American soldiers are
called upon to participate in a war launched against their fellow Muslim
brothers, then they should decline and apologize."
Ali Jum'ah, professor of the Principles
of Islamic Jurisprudence at Al-Azhar University, saw Muslim American soldiers'
refusal to participate in the American offensive as a form of jihad: "Fighting
in the cause of Allah is an obligation upon Muslims. It's worth stressing
here that jihad has a wider meaning, which is related to man's role on
earth, rather than being confined to defending one's country, honor, property
and worldly riches. A Muslim is a brother of another Muslim. So he should
neither oppress him nor hand him over to an oppressor. ...
"Now, it is not allowed for a Muslim
who is currently recruited in the American army to fight against Muslims,
neither in Afghanistan nor anywhere else. ... If a Muslim is forced to
participate in the military campaign, then he should take care not to kill
[another] Muslim, under any circumstances. [He must not offer] help or
[give] clues that might help capture his fellow Muslim brothers or ease
killing them."
A Hamas leader, Bassam Jarar, called
Al- Qaradhawi to ask for a copy of the ruling, and then sent his response
to the Palestinian daily Al-Quds. Jarar addressed the claim that "necessity
permits things that are prohibited," a phrase appearing in the Arabic version
of the Fatwa but missing from the English version. "It is known that the
necessity does not permit murder," he said. According to Jarar, since Al-
Qaradhawi sees participation in the fighting as a "necessity," such fighting
is clearly forbidden by Islamic religious law.
Jarar also said that the penalty
for soldiers in the American army who refuse to fight is in any event only
a few months in jail. He concluded by saying that a Muslim soldier who
refuses to participate in the war in Afghanistan for the reason that it
is forbidden by Islamic religious law is actually in a very strong position
when he faces the American judicial system.
Later, opposition to the Fatwa came
from the same clerics who issued it.
On Oct. 30, the editor of the Al-Sharq
Al-Awsat reported that the clerics abrogated their position with a new
Fatwa, which invalidated the former one and prohibited the participation
of Muslim soldiers in the U.S. armed forces in the war in Afghanistan.