Photo: from open sources.
Historic verdict against the 7 October attack
The most prominent Islamic scholar in Gaza, Professor Dr Salman al-Daya, former Dean of the Faculty of Sharia and Law at the Islamic University of Gaza, has issued a fatwa condemning Hamas’s attack on Israel on 7 October 2023. This was reported by the TimeUkraineIsrael portal with reference to the BBC. The attack triggered a large-scale war that caused significant losses and destruction in Gaza. Since al-Daya is one of the most influential religious authorities in the region, his opinion carries great weight among the two million people in Gaza.
The essence of fatwa: violation of Islamic principles of jihad
A fatwa is an informal legal ruling issued on the basis of the Qur’an and the Sunnah, the sayings and practices of the Prophet Muhammad. In his six-page document, al-Daya notes that Hamas’s actions are contrary to the Islamic principles of jihad, and their attack on Israel violates the established rules. He emphasises that jihad aims to avoid civilian casualties and the destruction of infrastructure, especially if such actions provoke an excessive and disproportionate response from the enemy.
Jihad and responsibility for the lives of civilians
Professor al-Daya notes that jihad in Islam can be a personal struggle for spiritual improvement or a military struggle. However, if the reasons or conditions for jihad are not met, it should be avoided so as not to endanger people’s lives. He criticises Hamas for failing to fulfil its responsibility to protect civilians, exposing them to grave danger and humanitarian catastrophe.
Moral and religious aspects of the fatwa
Al-Daya’s fatwa carries significant moral weight for Palestinian society and the Arab world. The document addresses the consequences of the attack on civilians and expresses concern over the civilian casualties and destruction in Gaza, which, in the scholar’s opinion, is contrary to Islamic law. In his comments, he calls on Muslim leaders to ensure the safety and well-being of non-combatants.
Criticism of political extremism and radical methods of Hamas
Dr Daya, known for his moderate Salafi views, has for years criticised radical groups such as the Islamic State and al-Qaeda. His fatwa also criticises Hamas’s extremist methods and its ties to Shiite Iran. He emphasises that Islamic leaders should follow the example of the Prophet Muhammad, who sought to create a nation rather than political parties that divide it.
Fatwa as a factor of divisions in Palestinian society
Dr Daya is an influential religious figure, and his fatwa adds to the divisions within Palestinian society over the methods of armed resistance against Israel. It also intensifies the debate in the Arab world about the moral and legal implications of Hamas’ actions. Sheikh Ashraf Ahmed, one of al-Day’s followers, called his fatwa “a powerful legal verdict of a historic moment” that reflects Day’s commitment to Islamic jurisprudence.
