IUMS reasserts denouncement of imposing guardianship, warns contradicting the choices of Syrian people
All praise be to Allah, and peace and blessings be upon Muhammad, God’s messenger, and on his family, companions, and followers;
The International Union of Muslim Scholars follows with deep concern the tragic situation is Syria and successive crises created by the statement of some Islamist factions as field commander Abu Mohamed Al-Julani announced that the group Jabhat Al-Nusra li Ahl Ash-Sham (Al-Nusra Front) renewed their pledge of allegiance to Ayman Al-Zawahiri, Al-Qaeda leader, who called Syrian armed opposition fighting the regime to establish an Islamic state. The statement by Al-Julani was followed by another issued by Abu Bakr Al-Baghdadi declaring the establishment of "the Islamic state in Iraq and the Levant”.
Seeing the outcome of such statements and their serious repercussions for the Syrian revolution, the IUMS, out of its religious obligation and responsibility to clarify the truth and fear no blame for the sake of Allah, asserts the following:
First: One of the holistic legal rules in Islam, and general Islamic principles is that when it comes to decisions, statements or edicts that affect the whole nation, it is not permissible for one person or specific group to issue them, but they should rather be referred to Ahl Al-hall w Al-`aqd, i.e. the knowledgeable experts of this nation as they are the uli al-amr or the "people of authority” mentioned by Allah in the Quranic verse: {O you who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If you differ in anything among yourselves, refer it to Allah and His Messenger, if you do believe in Allah and the Last Day: That is best, and most suitable for final determination.} [Quran 4:59]. And interpreters of the Quran have clarified that the "people of authority” are the rulers of Muslims, who were accepted by the Muslim nation, and the godly scholars who were chosen by the nation to establish the religion and guard matters of life based on it.
The political obligations required – of obedience – are never granted for a specific person whatever their rank as long as the Muslim nation did not have a role in choosing them. For that reason, the declaration of Jihad struggle or the formation of the state can only be declared by someone who represents the nation, and carries its banner truthfully. In this manner, the declaration by any side in general matters that pertain to the nation is considered an unsolicited, dictatorial opinion taken without the nation’s counsel, a violation of its rights, and a way of forcing the nation into what it has not decided or accepted.
Second: one of the core principles of this Shariah law is the reliance on fiqh al-maqased and fiqh al-ma`alat or the jurisprudence of the objectives of Shariah and the jurisprudence of outcomes. It also relies on the achievement of objectives, and the correct, accurate application of religious texts on the reality after understanding reality, its jurisprudence and extraction of rules as expressed in the writings of Ibn Abdel-Salam, Ibn Taymiyyah, Ibn Al-Qayyim, Al-Shatibi and other authenticators.
It is well known that this pledge of allegiance entails internal and exterior hazards, and serious implications for the revolution, leading to the fragmentation of the unity of fighters who were commanded by Allah to be a unified front like a tight structure, not separated {Truly Allah loves those who fight in His Cause in battle array, as if they were a solid cemented structure.} [Quran 61:4]. Prophet Muhammad – peace and blessings be upon him – described the believers in times of hardship as (the Muslim blood is equal, their pledge is taken (and applies) from the least in rank among them, and they are one hand against others) narrated by Abu Dawud, and authenticated by scholars.
In addition to dividing the internal front, this pledge has many exterior implications and serious problems for the revolution within the Arab and Western world. This would also strengthen the regime and provide it with an excuse to show to the world, and would place Jabhat Al-Nusra as a target for all countries of the occident and orient.
Attention to this side is required in Islam. Al-Bukhari and Muslim narrated in the story of the hypocrite Abdullah Ibn Ubayy who bluntly expressed disbelief {They say, "If we return to Medina, surely the more honorable will expel therefrom the meaner."} [Quran 63:8], yet when the word reached the prophet – peace and blessings be upon him - and Umar said: O, Messenger of Allah! Let me break the neck of this hypocrite, i.e. kill him, the prophet said: (leave him, so that people won’t say that Muhammad kills his companions). There are dozens of other prophetic sayings that clearly indicate that Prophet Muhammad – peace and blessings be upon him – considered the outcome, results and future implications of any action including his saying to his wife Aisha (hadn’t your people been recently in ignorance – or he said disbelief -, I would have spent the treasure of Al-Kaaba for the sake of Allah, and made its door adjacent to the ground, and included part of Al-Hijr into it) narrated by Muslim and Tirmidhi with an authentic chain of narrators.
Hence, it was religiously required from Jabhat Al-Nusra, that did well in their struggle against the unjust regime in Damascus, to remain within the circle of the Free Syrian Army to preserve the unity commended by Allah who said {And hold fast, all together, by the rope which Allah (stretches out for you), and be not divided among yourselves;} [Quran 3:103] and to prevent the sedition and division prohibited by Allah and considered one of the major, mortal sins.
Based on this, and on behalf of the IUMS, we call Jabhat Al-Nusra to return to its arena and live as a unified front with the rest of fighters, leave the fate of rule and state in Syria until the liberation is achieved for the people to choose the Islamic rule or the rule they wish with complete freedom and choice.
Third: the union reaffirms that the blessed Syrian revolution rose solely to protect the oppressed people, to defend souls and sanctities, honor and possessions, and to topple the regime of crime and excess. So, no front has the right to declare its affiliation to an entity other than Syria and impose the pledge of allegiance on its people without consulting any of its people, not to mention consulting its scholars and fighters to be part of the decision, and with no calculation of the outcome of such announcement and its consequences. This is religiously refused, reasonably rejected, and it is a form of unrightfully imposing opinion on all the people of the Levant and hijacking of their thought and fate.
Fourth: the union calls all the constituents of opposition factions to unite their lines under one flag, and keep away from any behavior that contradicts the choices of the Syrian people which are freedom, dignity and justice and remain aloof of any step that would stir sedition and conflict among them, and stresses the need to avoid all reasons of fragmentation and conflict as Allah says {and fall into no disputes, lest you lose heart and your power depart;} [Quran 8:46].
Fifth: the union reminds all factions that their major battle is against the criminal regime, and so their weapons must be aimed in this sole direction and none other, or else the revolution will have heeded from its path, and its power will have been diffused.
Sixth: the union asserts that any decisions or procedures taken to target the struggling brigades or tighten the grasp and siege on the Syrian people in relation to arms provision under claims of combating terrorism will only be viewed by the Syrians as a step further in conspiracy and collusion since there is no terrorism beyond that of the criminal Assad regime.
{And say: "Work (righteousness): for soon will Allah observe your work, and His Messenger, and the Believers:} [Quran 9:105].
And from Allah is all assistance!
Doha: 12 Jumada Al-Akher 1434 H
Dated: 22 April 2013
Dr. Ali Al-Qaradaghi Dr. Yusuf Al-Qaradawi
IUMS Secretary General IUMS President