In brief
Dr. Salman al-Dayah's fatwa raises significant questions about the justification of violence in the ongoing Israel-Palestine conflict.
In a historic move, Professor Dr. Salman al-Dayah, one of Gaza's leading Islamic scholars, has issued a fatwa condemning the 7 October 2023 attack on Israel by Hamas. This attack has escalated into a bloody war in the region, resulting in overwhelming civilian casualties and a humanitarian crisis in Gaza. Dr. al-Dayah, a former dean of Sharia and Law at the Hamas-affiliated Islamic University of Gaza, wields considerable religious authority among the two million Sunni Muslims residing in Gaza.The fatwa, detailed in a six-page document, critiques Hamas for violating core Islamic principles related to jihad—a term that encompasses both personal and collective struggles within the faith. Dr. al-Dayah states that when the necessary conditions for jihad are not satisfied, it should be avoided to prevent harm to civilians, arguing that the attack should never have occurred under Islamic law. He emphasizes the responsibility of leaders to safeguard civilians, referencing both Quranic texts and the teachings of the Prophet Muhammad.Dr. al-Dayah's legal opinion serves not only as a rebuttal to Hamas's justifications for violence but also highlights the tragic consequences of the attack, which resulted in approximately 1,200 deaths and more than 250 hostages in Israel. Following the initial attack, Israel launched intense military operations in Gaza, leading to staggering casualties that the Hamas-run health ministry estimates exceed 43,400.This fatwa comes amidst ongoing debates within Gaza and the Arab world about the moral legitimacy of Hamas's actions. Critics, including Dr. al-Dayah, argue that the collateral damage incurred has contradicted Islamic teachings on warfare, which mandate the protection of non-combatants. He calls for humane treatment of civilians, insisting that actions taken in the name of jihad must not invoke disproportionate retaliatory responses.Dr. al-Dayah's moderate Salafist beliefs are evident in his opposition to armed resistance movements, including Hamas and others that align themselves with militia systems. He champions a return to the principles of the Prophet Muhammad, advocating a united Islamic community over fragmented political factions. His fearless stance is underscored by a student who noted Dr. al-Dayah's commitment to his convictions despite the risks posed by ongoing conflict.The issuance of this fatwa indicates a critical moment in Gaza's internal discourse surrounding the use of violence and religious justification for militant actions. As the humanitarian crisis continues to unfold, Dr. al-Dayah's influential voice represents a significant, if controversial, perspective on the situation in Gaza and beyond, reflecting a deep commitment to Islamic jurisprudence and ethical governance in the region.
