huge prominence in the Muslim world after 9/11 and the resulting Global War on
Terror, which strengthened the desire among the disillusioned and the zealots to
turn to terrorism and suicide bombing. There is little of Islam in here except the
rhetoric, while there is a great deal of geopolitics and nationalistic perception of
the Saudi-Muslim interest.
But that is the language of al-Qa’ida, an extremist
jihadi organization, whose
religious credentials lack the authority of established institutions. Look at a
totally mainstream religious institution, the Islamic Research Academy at Al-
Azhar University in Cairo—as establishment as it can get. On the eve of the US
attack on Iraq on March 11, 2003, it issued a statement that has the weight of a
fatwa: it
called upon Muslims to unify their efforts and join forces in facing this
illegitimate and aggressive war… represented by the military troops
armed with the most powerful and dangerous weapons of destruction….
Our Arab and Islamic
ummah (nation) and even our religious belief
(Islam) are undoubtedly the main goal of these military troops, whose
targets will be millions
of the members of our ummah as well as our
belief, sacred places and all sources of power and wealth that Arabs and
Muslims possess. The first stage to achieve these goals is to attack Iraq
and occupy its land and seize its abundant reserve of oil wealth…. The
Academy hails and backs the resolution of the Islamic Summit, which
rejected an attack on Iraq and stressed the necessity of resorting to
peaceful means in solving the crisis…. In light of all the current events,
most people think that attacking Iraq is inevitable. According to Islamic
Shari’ah, jihad becomes an individual duty (
fard ’ayn) upon all Muslims
if the enemy occupies a Muslim land. Our Arab and Muslim
ummah will
face a new inhumane campaign that aims to deprive us of our land, belief,
honor, and dignity…. The Academy calls upon all Arabs and Muslims not
to surrender
to prospective attacks, as Allah has guaranteed to render His
religion victorious.
In November 2004, twenty-six highly prominent Saudi religious scholars and
professors at Saudi universities issued a
fatwa denouncing the war in Iraq. After
discussing the need to first search for peace, their statement said:
There is no doubt that
jihad against the occupiers is a requirement for
every able person. It is a defensive
jihad that falls under the category of
fighting the aggressor. In this case the conditions are different than
initiating
jihad and pursuing it. You don’t have to have a general
leadership. You should have that only when it is feasible (Fear
Allah as
much as you can). Without a doubt the occupiers are aggressors and all
divine laws permit fighting them until they leave humiliated, God willing.
Additionally, all man made laws recognize the right of nations to resist.
The original permission for
jihad was granted for this reason, when Allah
said “Permission to fight is given to those who are fighting because they
have been wronged, and surely, Allah will grant them victory” [Al-Hajj,
Verse 39]. Allah has decreed that fighting one another is natural where it
guarantees the protection of life or when it upholds justice and the power
of the Shari’ah. So resistance
is not only a legitimate right, but a religious
duty that obliges the Iraqi people to defend themselves and defend their
honor, land, oil, their present and their future against this colonial
coalition as they once before resisted their British occupiers.
Even the cautious and conservative Shi’ite Ayatollah Sistani in Iraq has
issued rulings that it is legal to fight American troops in Iraq in self-defense.
These are but a handful of the multiple rulings and
fatwas that have emerged in
the context of this war, setting forth careful legal briefs on the permissible
Islamic conditions for
jihad and war. Resistance against an invader anywhere is
natural; providing legal Islamic justification further bolsters the case.