Abu Basir

A Grave and Mistaken Understanding That Must Be Corrected

Praise be to Allah, Alone, and may prayers and peace be upon the one after whom there is no Prophet.

As for what follows:

For a long time, I have been noticing a mistaken attitude held by some of the youth who carry zeal and enthusiasm for the affairs of Jihad, where you would see them – out of emotion, fanaticism, and ignorance – rejecting every statement – even if correct – that goes against that which the people of the frontlines and Jihad are upon. In their eyes, the truth is that which the people of the frontlines and Jihad are upon, even if they might do that which is in opposition to the Book and Sunnah. It is unacceptable to them for it to be said of a fighting Mujahid that he made a mistake, and that the correct opinion is such-and-such. It is as if they are saying that the Mujahidin are infallible and can never make mistakes, whether they have knowledge or do not have knowledge. They do not accept any statement or opinion – even if true and correct – from anyone who is not fighting – even if he is from the people of taqwa and knowledge – against he who is fighting, even if he is prone to ignorance and mistakes!

So, the Mujahid, as long as he is fighting, is always upon the truth and that which is right, and anyone else who might go against him – even if they are from the people of knowledge, virtue, and taqwa – then, they are always mistaken and upon falsehood!

Sometimes, they reject the clear texts of the Book and Sunnah – out of the desires of their own souls, and out of the desire to blot out the truth – under the pretense that they are upon the opinions of the Mujahidin and the people of the frontlines! Their proof for all that has been mentioned is their incorrect understanding of Allah’s Saying: {“And those who strove hard in Our Cause, We shall guide them to Our Paths, and verily, Allah is with the good-doers.”} [al-’Ankabut; 69]

So, they say that this is a proof that Allah – the Exalted – took it upon Himself to guide the fighting Mujahidin to the paths of truth and correctness, in exclusion to everyone other than them. Therefore, if there is a dispute between them and others, then the truth is automatically and unrestrictedly with them, and those who differ with them are upon falsehood. They say this without even investigating the proofs and evidences of both sides, and which side’s opinions and statements are more in accordance with the proofs and intents of the Book and Sunnah!

This is a mistaken understanding of the noble verse and its intended meaning, as what the majority of the people of knowledge and Tafsir are upon is that what is intended by His Saying {“And those who strove hard in Our Cause…”} is those who strive hard against themselves in seeking the Pleasure of Allah, and force themselves to adhere to the commands, and force themselves towards obedience, going against their desires, and seeking knowledge - thereby loving the truth, commanding the good, and forbidding the evil. And what they use as a proof for this intending meaning is that this verse was revealed in Makkah – i.e., it was revealed before the legislation of and permission to engage in fighting.

Here are some of their sayings on this issue:

Ibn ‘Atiyyah al-Andalusi said, in his explanation of this verse: “It was revealed before the well-known (physical) Jihad. Rather, it is in reference to the general Jihad of following the Religion of Allah – the Exalted – and seeking His Pleasure.”

as-Suddi, and other than him, said: “This verse was revealed before the obligation of fighting.”

al-Hasan al-Basri said: “This verse is referring to the worshippers.”

Ibn ‘Abbas, al-Hasan, and Ibrahim bin Adham said: “It is referring to those who act upon what they know.”

Abu Sulayman ad-Darani said: “The Jihad mentioned in this verse is not limited to fighting. Rather, it is any form of giving victory to the Religion, repelling the spreaders of falsehood, dominating the oppressors, commanding the good and forbidding the evil, and from it is to struggle against the soul in the obedience of Allah.”

And ad-Dahhak said: “The meaning of the verse is that those who struggled by making hijrah will be guided to the paths of firmness upon faith.”

And Ibn Kathir said, in his ‘Tafsir’: “{“And those who strove hard in Our Cause”} means the Messenger and his Companions, and those who follow them until the end of time.”

And Ibn Abi Hatim narrated from ‘Abbas al-Hamdani: “{“And those who strove hard in Our Cause”} are those who act according to what they know, and Allah will guide them to what they do not know.”

ash-Shawkani said, in his explanation of this verse: “{“And those who strove hard in Our Cause”} meaning: those who strove for Allah, seeking His Pleasure, hoping for what is with Him of good, We shall guide them to Our Paths, i.e., the path that connects to Us.”

al-Alusi said, in ‘Ruh al-Ma’ani’: “{“And those who strove hard in Our Cause”} are those who strove in Our Affair, and for Our Sake, and sincerely seeking Our Face. And the term ‘mujahadah’ encompasses both the outer and inner enemies, and all of their types.”

And from the people are those who interpret the term ’strove’ to mean only Jihad, and leave the phrase ‘We shall guide them’ upon its apparent meaning. as-Suddi said: “The meaning is that those who strive firmly upon faith, We shall guide them to Our Paths to Paradise. And it is said that the meaning is that those who strove in battle, We shall guide them to the paths to martyrdom and forgiveness, but, what was mentioned first is more correct.”

al-Qurtubi said: “{“And those who strove hard in Our Cause”} meaning: fought against the disbelievers, seeking Our Pleasure. And as-Suddi and others said that this verse was revealed before the obligation of fighting. Ibn ‘Atiyyah said that it was before the well-known Jihad, and that it is a general striving in the Religion of Allah, and seeking His Pleasure.”

And we do not deny that from the people of knowledge and Tafsir are those who included striving and fighting against the enemy in the Path of Allah in the meaning of {“And those who strove hard in Our Cause”}, and from the Salaf are those who said: “If you see the people differing, then it is upon you to look to what the people of the frontlines are doing.” However, what we do reject and do not accept is the limitation of the meaning of the verse to the Jihad of fighting, in exclusion to all other types of Jihad, especially since we now know that the verse was revealed in Makkah, before the legislation of and permission for Jihad of fighting.

And from what also supports this meaning that we lean towards is His Saying: {“And have taqwa of Allah, and Allah Teaches you, and Allah is Knowledgeable of all things.”} [al-Baqarah; 282], and the taqwa of Allah is more general than striving and fighting against the enemy, as it includes Jihad against both the enemy and the soul, and forcing it to be submissive, obedient, and conforming – both inwardly and outwardly – to the texts of the Shari’ah. Therefore, Allah – the Exalted – will Teach one and increase him in knowledge and virtue, making him a proof against others, in accordance with how much that person fulfills the obligation of taqwa – according to its general meaning – in himself.

And what can also be used as proof is the Saying of Allah: {“And it is not for the believers to go out to fight all together. Of every group of them, only a party should go forth, so that those who are left behind may get instruction in the Religion, and so that they may warn their people when they return to them, so that they may be aware.”} [at-Tawbah; 122] So, this noble verse showed that the group that remained with the Messenger of Allah, seeking knowledge and understanding (fiqh) in the Religion from him – may the peace and blessings of his Lord be upon him – and did not go out to fight, they are the ones who taught and explained the Religion to those who went out to fight when they returned to them, since they were taught by the Prophet. In other words, the one who sits back from Jihad to seek knowledge, he teaches and provides explanation to those who go out to fight in Jihad when they return to him.

Likewise, we say: the four Imams – Abu Hanifah, Malik, ash-Shafi’i, and Ahmad, may Allah have Mercy upon them – were not of the people of Jihad – in its military sense – and they were not of the people of the frontlines. Despite this, they were the references for the Ummah in terms of knowledge and Fiqh, and their opinions and statements are still references for the Ummah all over the world, and the people – including those manning the frontlines – all acknowledge their knowledge and understanding, and nobody says that their statements are rejected because they did not spend a single day in Jihad or on the frontlines!

Conversely, al-Hajjaj bin Yusuf ath-Thaqafi was of the people of Jihad and the frontlines, and many of the enemy’s lands were conquered by his hands. Despite this, he is only remembered negatively, and is associated with oppression and tyranny, and nobody says that one should take knowledge or Fiqh from him – let alone claim that he was more knowledgeable than those who were not on the frontlines, such as the four Imams and other than them!

Likewise, it should be said that infallibility is only for our Prophet (peace and blessings be upon him), and anyone other than him – be they from the people of the frontlines, or not from them – may be right or wrong; one can take from them in situations, and not take from them in other situations. And in the case of there being difference and dispute between the people, what is the flawless criterion? What is the reference that should serve as the judge during differing and dispute?

The answer is known to all: the Book of Allah, and the Sunnah of His Prophet, as He Said: {“And if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and a more suitable interpretation.”} [an-Nisa’; 59] and He did not say ‘refer it to the people of the frontlines.’ Rather, He Said: {“…refer it to Allah and His Messenger, if you believe in Allah and in the Last Day…”} i.e., if you are truthful in your faith. And if you do not refer it to Allah and His Messenger, then this is a proof of your false claim of being a believer in Allah and the Last Day.

Allah also Said: {“But no, by your Lord, they can have no faith until they make you the judge in all disputes between them, and find in themselves no resistance to your decisions, and accept them with full submission.”} [an-Nisa’; 65]

It can also be said, as a result of our travels throughout the lands, that we have found many of the Mujahidin and people of the frontlines possessing many habits and behaviors that go against the teachings of Islam. And thanks to Allah, it has been made possible for the author of these words to be from the first – if not the first – of those who traversed the land of Jihad in Afghanistan in the year 1981, and from what I saw there was that from the Mujahidin fighters were those who would hang charms and amulets containing pictures, images, and polytheistic words. They believed – out of ignorance – that these would help and protect them, and repel harm from them. Similarly, they would turn to graves when supplicating, and seek blessings from these graves, among other false practices.

The question that begs to be asked is: is it permissible – according to the Shari’ah – to remain silent regarding these evils and false practices under the pretense that these are people of Jihad and the frontlines, and that they are more knowledgeable and understanding, and that it is not allowed for those who are not fighting or on the same level of Jihad as they are to advise them and command them to good and forbid them from evil?

I do not think that anyone in their right mind would say this, let alone one who has knowledge of the Religion and its rulings, and respects himelf, his religion, and his intellect. We have come across clear-cut proofs from the Book and Sunnah that encourage this form of advising, and commanding the good and forbidding the evil – without differentiating between one group or another, or one group of the people of knowledge in exclusion to another. Everyone is upon a frontline of the frontlines of Islam, and it is upon everyone to protect the frontline that he has been made responsible for.

Allah Said: {“And who is better in speech than one who calls to Allah, does good deeds, and says: ‘I am one of the Muslims’?”} [Fussilat; 33]

And He also Said: {“And say: ‘Act! For Allah, His Messenger, and the believers shall See your actions, and you will be returned to the world of the Unseen and the Seen, and you will be informed of that which you used to do.’”} [at-Tawbah; 105]

In conclusion, what we consider to be most correct according to the evidences in the texts of the Qur’an and Sunnah is that a person should try his best to have true taqwa, act according to his knowledge, oppose his desires, and be far away from that which is forbidden. He should take it upon himself to engage in both inner and outer Jihad in order to conform to Islamic teachings in regards to every aspect of his life – this includes fighting the enemy with weapons, if he is able. He should make his life completely for Allah, the Lord of the Worlds, and should be one who commands the good, forbids the evil, advises the Muslims, conforming to the truth, and distancing himself from the oppressive tyrants and their palaces and gatherings. With all of this, he should take it upon himself to seek knowledge from those sources that are trustworthy. The more knowledgeable and wise he becomes, the greater his share of beneficial fiqh will be than those who are less than him in regards to the previously mentioned characteristics, and Allah Knows best.

And our final call is that all praise is due to Allah, the Lord of the Worlds.

Original Arabic: http://www.abubaseer.bizland.com/articles/read/a93.doc

These Are the Ones From Whom I Fear For the Jihad and the Mujahidin…!

Praise be to Allah, alone, and may peace and blessings be upon the one after whom there is no Prophet.

As for what follows:

Indeed, those who are quick to demoralize and abandon their cause are known from their ambiguous words, as well as from their clear words. They are known, and are not hidden from anyone, and their evil is avoided. At the same time, there is another group that harms the Jihad and the Mujahidin, and severely damages the Jihadi manhaj - in the name of Jihad, claiming to love Jihad and the Mujahidin, defending them, etc. – and few are those who have come to know of them. So, it becomes a must to come to know them and some of their characteristics and traits, in order that we avoid them and warn from them!

And from the most common traits of this group of people:

1 – They are known for their commotion, noise, ranting, lack of manners, bad character – all so that people would think that they are upon some knowledge and action, and that they are from the people of Jihad and ijtihad, and that they are upon something – and in reality, they are not upon anything!

2 – They are known for raising their voices above the voice of the Prophet, and above the Qur’anic text, and above the people of knowledge. They do not respect anything or anyone. They are driven by excessive zeal for Jihad, killing, and fighting, and their zeal in reality is nothing more than ranting, and more ranting - like a mirage that someone imagines to be a waterfall!

3 – They go for every opinion – even if it is wrong – that leads to extremism, harshness, and the spilling of blood – even if that blood was forbidden!

4 – They accuse everyone who opposes them – even if he is right – of abandoning the cause, enmity to the Jihad and the Mujahidin - all in order to turn the people away from them.

You find them involved in every debate and argument, with their chests puffed up, and their voices raised. However, when the time comes for something to be done, they turn back, look away, and run away, and it is as if the issue doesn’t concern them in the least!

5 – They utilize the methods of excitement, ranting, raising of voices, excessive zeal, and raising of the slogans of fighting and killing, in order to strike fear into the hearts of those who oppose them – all without any knowledge or insight, or consideration of the guidelines and goals of the Shari’ah. So, you see that they are unable to clearly see beyond their own noses, and this is because they do not wish to see past this!

6 – In addition to their utter ignorance, you see them – and with all boldness, lack of religious character, and humility – discussing very important and major matters of the Religion, making this permissible and that forbidden, placing this in the East and that in the West, declaring this person mistaken and that person correct, etc. And woe to you if you were to point out their mistakes, oppose them, or advise them – they would immediately make you out to be a sellout who is against Jihad and the Mujahidin, as they claim!

7 – If they look to the statements of the people of knowledge, they do not do so in order to benefit or learn from them. Rather, they wish to dig out the rare, strange, and doubtful opinions from here and there in order to strengthen and back up their rants, ignorance, falsehood, and excitability!

8 – They belittle the rights and honor of others, and they never uphold any agreement, promise, or pact. This is because they do not know what it means to have agreement or safety, nor do they know what it means to be treacherous, and what that entails of punishment.

If they dispute with you, they are vile, and if they make an agreement, they prove treacherous, and if you trust them with something, they betray you - such as in the hadith describing the traits of the hypocrites. Their manners and character are disgraceful, and are reflective of a feminine way of thinking and disputing!

9 – They belittle the slaves of Allah, especially those of them who oppose them in an issue. They look down on them with arrogance because they – as Satan beautifies for them, with their excessive ranting and raving – are the Mujahidin, and everyone else is from those who sit back, and have abandoned the cause!

10 – They do not know of something called balance and justice. They do not look for the truth from themselves or other than them…as they are always right, and everyone else is upon falsehood!

And with this, they combine the traits of rejecting the truth and belittling the Creation – and this is arrogance in its purest form!

11- They have terrible manners, viscous tongues, assume the worst about others, and they are the farthest people from the manners of the Mujahidin and what the Jihad requires of lofty manners, knowledge, and religious character!

12 – Their share of Jihad is nothing but rant, chatter, exciting others, and belittling the Creation. They have no known past in Jihad, or presence on the battlefield!

However, the one who hears them and sees their excessive, unfounded zeal would think that they are Abu Jihad, and Abu Mujahidin! They would think that they did not leave a single arena of the arenas of Jihad except that they visited them! So, they appear to fill themselves with what they do not give and do not have within them – just like the one who wears a gown of falsehood!

13 – They know nothing of organization or structure, or hearing and obeying. So, they do not respect or refer to any elder, as the authority that they refer to is their desires, and everything that is in accordance with their desires!

14 – They only respect the scholar so long as his opinion is in accordance with their desires. If he opposes them, they do not leave a single mistake or shortcoming except that they smear him with it, and smear it with him!

If he agrees with their saying, his statement is a proof that cannot be rejected or opposed, and they fly with him to the heavens out of happiness and joy. However, if he opposes them in an issue or opinion – even if he is right – they belittle him and his knowledge, and speak about the dangers of blindly following the scholars!

And all of this takes place in the name of zeal for Jihad and aiding the Jihad, and under the claim of defending Jihad and the Mujahidin, and the Jihad and the Mujahidin are free from them and their mannerisms, just like wolf was free from the blood of Yusuf!

And the danger of this group of people – despite their lack of numbers – is manifested in that:

• They distort the manhaj of Jihad, as well as the image that the Jihad must remain upon. So, they give others a very bad and inaccurate picture of Jihad and the Mujahidin!

• With their previously described manners, they turn the people away from helping the Mujahidin, and from traversing the path of effort and Jihad! With this, they elongate the lives of these oppressive tyrants, and keep their regimes in place longer – whether they know it or not!

• This group of people is considered a major staging ground for implanting spies and agents who work for the benefit of the enemy, as the process of breaking up the Jihadi groups by way of this type of people is very easy and simple. So, as much as you insult and belittle those who oppose you, rely on the method of ranting, excitability, excessive zeal, and utilize an overwhelming manner of speech, you will be trusted and looked to…and this is extremely easy for a spy or agent to do. Many of the modern-day Jihadi groups were attacked and broken up by way of this group of people, and the examples of this are many if we were to wish to bring them all!

Therefore, my advice to my brothers – especially the Mujahidin (may Allah protect them from all evil) – is to beware of this group of people, and to not increase their numbers, and to not turn to them, and to not lend them an ear, and to not be deceived by their excessive and baseless zeal, as excess is the brother of scarcity, and extremism is the brother of laxity.

So, the times are tough, and they do not allow for us to pay too much attention to such people or their likes from the ranters and ravers…

Original Arabic: http://www.abubaseer.bizland.com/articles/read/a77.doc

A Discussion Regarding the Targeting of Women and Children

After mentioning the fatwa of Shaykh Ibn ‘Uthaymin in which he deems it permissible to target the women and children of the disbelievers in retaliation, Shaykh Abu Basir said:

“…we do not agree with him in this, and we believe that he is mistaken in this.

He is refuted from the following angles:

1 - The principles of the Shar’i texts indicate that a man is not to be taken to account for the sins of others, as in the Saying of Allah: {“…and none shall carry the burdens of another…”} [al-An’am; 16]

And this verse has been repeated five times in the Noble Qur’an in order to communicate and confirm the importance and significance of its meaning.

And it is in the hadith of Abi Ramthah that he said: “My father and I went out with the Prophet, and the Messenger of Allah said to my father: “Is this your son?” He said: “Yes, by the Lord of the Ka’bah.” The Prophet asked: “Really?” My father said: “I bear witness to it.” So, the Messenger of Allah smiled and laughed from the strong resemblance that I bore to my father, and from my father’s oath that I was his son, and said: “Verily, he is not taken to account for your deeds, and you are not taken to account for his deeds,” and he recited: {“…and none shall carry the burdens of another…”}

And in another narration: “Verily, you are not taken to account for his deeds, and he is not taken to account for your deeds.”

And the Prophet said, in his farewell Hajj: “…and everyone shall reap only what they sow, and the father will not be taken to account for his son’s deeds, and the son will not be taken to account for the father’s deeds.”

And he said: “No man is to be taken to account for his father’s deeds, or his brother’s deeds.”

And children - especially the infants among them - of the disbelievers with whom we are at war do not have the slightest intent or understanding in regards to the actions of their fathers. Therefore, it is not allowed to to punish them for the actions and sins of their fathers.

2 - The Shar’i texts have stringently forbidden targeting the children and women of the polytheists with any type of killing or fighting, no matter what the reasons and causes for doing so, as in the hadith reported by al-Bukhari and others, and narrated by Ibn ‘Umar, that a killed woman was found by the Prophet in one of the battles, and the Prophet forbade the killing of women and children.

And Handhalah said: “We went out for battle with the Messenger of Allah, and we came by a killed woman, and the people had gathered around her. They made way for the Prophet, who said: “This woman was not fighting amongst those who were fighting.” He then said to a man: “Go to Khalid bin al-Walid, and say to him that the Messenger of Allah orders you to say: ‘Do not kill a child, and do not kill the weak.’”“

So, his saying: ‘orders you’ confirms the clearcut prohibition of killing children, and his saying: ‘This woman was not fighting amongst those who were fighting’ is the understanding of opposites, meaning: if she had been fighting, and was amongst those who were fighting, it would be allowed to fight and kill her.

And from al-Aswad bin Sari’, who said: “I came to the Messenger of Allah, and I went out on an expedition with him. So, I followed the best of people on that day, until they killed children. So, this was relayed to the Messenger of Allah, who said: “What is the matter with some people, that they exceed the limits in killing today, such that they killed children?” So, a man said: “O Messenger of Allah! They are the children of the polytheists!” So, he said: “Verily, the best of you are the children of the polytheists. Do not kill a child! Do not kill a child until its parents turn it into a Jew or Christian.”“

And the Messenger of Allah, when he would place a man in command of a battalion, would advise him to have taqwa of Allah, and would advise those Muslims with him with good, and would say: “Fight in the Name of Allah, in the Path of Allah. Fight those who disbelieve in Allah. Fight, and do not betray. Do not be excessive, do not mutilate, and do not kill a child,” and this was reported by Muslim.

And in a narration of al-Bayhaqi and others: “…and do not kill a small child, a woman, or an elderly person.”

And in ‘Sharh Ma’ani al-Athar’ of at-Tahawi, with an authentic chain, that the Messenger of Allah had sent a message to his armies, saying: “Do not kill children.” And in a narration: “Do not kill an old man.” And in a narration: “Do not kill a child or a woman.”

And Ibn ‘Umar said: “‘Umar wrote to his soldiers, saying: “Do not kill a woman or child.”"

And from the advices of Abu Bakr to the leaders of his armies: “Do not kill a woman, a child, or an old man. Do not cut down a blossoming tree, do not destroy a building, and do not kill a sheep or camel, except for the purpose of eating it. Do not submerge or cut down a palm tree. Do not be excessive, and do not be cowardly.”

And it is narrated from Yazid bin Hurmuz that Najdah wrote to Ibn ‘Abbas, asking him about the killing of the children of the polytheists. So, Ibn ‘Abbas wrote back to him: “Verily, you wrote to me asking about the killing of the children of the polytheists. The Messenger of Allah did not kill them. Therefore, you are not to kill them, except that you know from them what al-Khidr knew about the young boy when he killed him!”

And the ahadith and athar that forbid intentionally killing the children and women of the polytheists are more than can be collected here, and what has been mentioned is more than enough for the one who seeks the truth.

3 - Despite the numerous wars and battles that were fought by the Prophet, his Companions, the Tabi’in who followed them in good from the first three generations - whose virtue was borne witness to by the Prophet - and despite the many wrongdoings and oppressions that the Muslims of these blessed early generations faced, it is not known that either the Prophet, his Companions, or the Tabi’in ever intentionally killed the children or women of the polytheists!

And the Prophet’s saying to his Companions on the day of Hudaybiyah: “Advise me, people! Do you see that I should turn towards the families and children of those who seek to prevent us from the Sacred House?…” - what is meant here is to enslave their families and children, not to kill them, as some have misunderstood!

4 - Children are not to be killed, because according to the Shari’ah, they are pure souls, and are upon the pure fitrah. They are not simply like any wealth that can be disposed of, sacrificed, or destroyed for some greater benefit, as the Prophet provided the reason for not killing the children of the polytheists, and this is because they are still pure, uncorrupted, and upon the fitrah, correct belief, and Tawhid, and have not yet fallen into sin. Because of this, the Prophet said to his Companions: “The best of you are the children of the polytheists.” So, this is the reason that prevents the killing of the children of the polytheists, and they are not like any form of wealth or prize!

5 - The noble verse that was used as proof: {“…So, whoever transgresses against you, transgress in a similar manner against him…”} [al-Baqarah; 194] does not contain evidence for what it was being used for. It is a general verse. However, it is not allowed to act upon its general meaning without looking to see what the Legislator has placed as an exception to it, including those things that are forbidden in and of themselves, and cannot be done in retaliation. For example, it is not allowed to counter betrayal with betrayal, and it is not allowed to counter treachery with treachery, and it is not allowed to counter a lie with a lie, and it is not allowed to counter sin with a sin, etc. So, an act of disobedience is not allowed to be performed to counter another act of disobedience.

It has been authentically narrated from the Prophet that he said: “Fulfill your trusts to those who have given you those trusts, and do not betray those who betray you.” And killing an innocent, protected life is even more severe in sin and crime than simply betraying someone. So, if it is not allowed to counter betrayal with betrayal, it is even more befitting that it is not allowed to counter the killing of innocent souls with the killing of innocent souls, resulting in wrongdoing being carried out twice, with the victims in each case being innocent, protected lives!

Likewise, it is not allowed to steal from someone simply because they stole from you, and it is not allowed to insult the father of someone simply because he insulted yours. And it is not allowed to respond to the one who violates your honor with false accusations and insults by doing the same to him, etc. If you were to do this, you would have exceeded your bounds, and would be considered a wrongdoer, and would have punished someone with the sins of someone else.

Likewise, it is not allowed to respond to one who has killed your child by killing his child. Rather, you are to kill the killer, because if you were to kill his child, you would have killed an innocent life based on the mistake of a completely different person, and this has nothing to do with the legislated form of revenge and retaliation. Rather, it is nothing but excessiveness and oppression! With this, you would have exceeded the limits in revenge and retaliation, and would end up punishing with more than you were punished with!

And there is not a single scholar who permits the killing of the children of a killer in retaliation for his own oppression and killing of the children of others. Rather, there is consensus that only the killer is to be killed.

Based on this, we say that the verse generally allows the committing of aggression in response to aggression, in the same way that it was originally performed, and no matter what type of aggression this is…except in regards to that which the Legislator has placed as an exception, and has forbidden to be used as a form of revenge or retaliation, such as the texts that make specific that which is general. From these texts are those that forbid the killing of children and women, the punishment of one for the sins of another, and other actions that are forbidden in and of themselves.

So, such actions are specific exceptions to this generality, and the reported texts in this regard restrict this generality. So, pay attention to this!

6 - Regarding this statement that has been put forth despite its strangeness and weakness: it is not from proper wisdom or the politics of the Shari’ah to act upon it in our times, or to circulate it. And this is for two reasons:

First: even if it had the Shar’i factors in place that would justify it, if this door were to be opened, the enemy - with its massive military equipment that the Muslims lack - is the one more capable of aggression, and is more capable of bringing down harm upon the Muslims, their children, and their women!

Second: the enemy possesses massive media influence that the Muslims lack, and through which he is able to twist the virtues of the Muslims - in light of public opinion - to bad characteristics. So, how much more would it be if the Muslims were to act upon this ruling? How would their reputation and image be in front of the public? How would the people look at them and their religion? What would their position be towards them?

This is a factor that is given consideration in our religion, and it is not proper for those who work for this Religion to ignore it, as the Prophet refrained from killing the head of nifaq - Ibn Ubayy - simply so that it would not be said that Muhammad kills his companions!…”

Original Arabic: http://www.abubaseer.bizland.com/refutation/read/f70.doc