This Black Harj

Imam Al Bouti

This Black Harj:1

What is the ideal way to eradicate it?2

In the Name of Allah, the All Merciful, the Most Merciful

All praise be to Allah, who has honoured us with the blessing of Islam and prayers
and blessings be upon the one whom was sent as a mercy to all of creation and by whom
all Messengership and Prophethood was sealed, as well as all his family and companions.
To proceed, with Allahs enabling success I shall answer the two questions that were
included in the third and fourth topics of the first dialogue, relying on what has been
affirmed by the majority of jurists and avoiding presenting my own personal opinion of the
matter, because presenting a personal opinion in this matter would open the door for
others to present their personal opinions.
However, before my talk, I turned my attention towards the fact that the means of
dealing with a problem always comes second to the means of protecting against
itinfested environments need to be purified first, so that the treatment can be effective.
If the air has not been purified of the bacteria that have spread within in, treating the
diseases that result from it will be completely pointless.
It is well-known that our Arab and Islamic world is infested with catastrophic plans.
These schemes are perfectly woven and its threads are maliciously joined and twisted.
Their sole aim is to demolish the Islamic civilization and drain the Muslim nation from its
rights and wealth. Nervousness, in such cases, overcomes rational thought, not to
mention the curbing forces of divine texts and rulings. The only category of people who
can control this state of furious nervousness are those who have resolve from amongst the
people of knowledge and understanding, those who have penetrating insight into Allahs
Revealed Law, are absolutely confident in Allahs wisdom and firmly believe in the
vastness of His mercy.
Therefore, drawing up a treatment plan and putting it into action goes along with
purifying the general atmosphere from the bacteria that help spread such diseases. I hope
that there will be an assembly soon, sponsored by the Iqr Assembly for Juristic

1. (tn): Harj In the Arabic language means killing, and it can also mean civil strife, conflict, diffusion and
disorder.
2. It is preferable to use the Prophetic term harj instead of the narrow western term "terrorism".

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This Black Harj

Imam Al Bouti

Thought,3 that will set as its target the drawing up of a strategic plan to adopt the means
of protection against such an epidemic disease that seriously threatens this Ummah.
I return to the topic under discussion and say:
Regardless of the circumstances that we are in, the seriousness of the plots against
our values and rights, or the obvious nature of the means to such an aim; there will never
be any justification for folding up the teachings of the Revealed Law and ignoring the
jurisprudential rulings that have been agreed upon by this Ummah. Rather, we should
know as long as we have pledged to Allah to follow His guidance and abide by His
rulings and teachings that the ideal solution to the catastrophes being suffered and the
threatening plots is to renew our pledge of allegiance to Allah and reassert our adherence
to His teachings and law. Whosoever is sincere in his Islam and applies its laws and
guidance never doubts this reality.
Do renewing the pledge of allegiance to Allah and reasserting our adherence to His
laws agree with the acts committed by those who raise the flag of Islam above their
heads? There is an excessive killing that is taking place among numbers of different
people -Muslims and non- in an Islamic territory even though it has not declared war
against anyone or specified the articles of a peace treaty for one group of people over
another or one denomination over another.
It is better for all of us to keep silent and attentively listen to the answer to this
question from the Messenger of Allah, may the peace and blessings of Allah be upon him,
Whosoever from my Ummah goes out against my Ummah, killing both the righteous
and the wicked amongst them, sparing not even those staunch in faith nor those who have
been given a pledge (of security), is not from me (i.e. is not my follower)".4
This is a precise description of the actions of those who tear up the laws of Islam in
the name of Islam. They ignore the teachings of the Messenger of Allah without caring
while proceeding in disobeying him that he is innocent of them.
All of us know that the foreigners who travel in our Islamic countries either as
traders, tourists, or even as political, scientific or social delegates, are known in the
terminology of Islamic jurisprudence as muhidn5 or mustaminn6,and this is because
they only entered Islamic territory with the knowledge and permission of those in charge.
The Messenger of Allah, may Allah bless him and grant him peace, warned in this
adth and others against breaking the promises made with these muhidn, regardless of
3. This paper was prepared by the martyr scholar for the first Iqr Assembly for Juristic Thought and Fiqh,
held in Egypt from the 16th to 17th of Rajab 1426H.
4
This adth has been related by Muslim in his a, an-Nas in his Sunan and Amad in his Musnad.
5
(tn): i.e. they are under a pledge of security
6
(tn): i.e. those who have asked for protection

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This Black Harj

Imam Al Bouti

their identity, their religion or their peaceful mission. He also declares himself innocent of
anyone who breaks the covenant with them through any kind of mistreatment.
Some may ask: what if these people, when they are in their own countries, are actually
fighting Islam and Muslims? Arent we are required to fight and kill them wherever they
are??
The answer: there is a verse in the Book of Allah that clarifies the ruling on how to
deal with such people. Allah the Exalted says, And if any one of the polytheists seeks
your protection, then grant him protection so that he may hear the Speech of Allah. Then
deliver him to his place of safety. That is because they are a people who do not know. [atTawbah 9:6]
These people are polytheists they are not Jews or Christians 7 or anyone who would
carry their ruling and on top of that they are combatants. However, Allah commands
the Muslims that if one of these polytheist combatants seeks their protection, i.e. waving
the white flag, they must grant him sanctuary, fully preserve his life and dignity and
protect him from all means of harm, without letting this individuals iniquity, buffoonery
or acting in accordance with his false creed detract from this obligation. Afterwards, if he
wants to go back to his people and military encampment, remaining the polytheist that he
was, the Muslims should not harm him. Rather, they take upon their shoulders the
responsibility of guarding his life and reassuring him till he reaches his camp safely.
This is stated clearly in the Noble Book of Allah, Mighty and Majestic. What is
committed by these criminals contradicts Allahs commands. The Noble Qurn
commands Muslims to rise above their feelings of revenge and hatred, and instead have
feelings of mercy... Yet we find this category of people insists on being remote from the
commandments of the Noble Qurn. They yield to the calls for revenge, stuffing their
hearts with hatred and malice. They make Islam speak of that which it is innocent of.
They are harsh in their words and cruel in their behaviour, spreading fear in the hearts of
innocent, safe people.
Furthermore, this verse contains decisive proof that fighting jihad is not legislated to
force the disbelievers to embrace Islam. Rather, it is legislated to ward off the dangers of
combat and warfare . Whenever this danger is remote from the Muslims, the legitimacy of
fighting jihad is likewise remote.
If the objective of jihad were to force the disbelievers to be Muslims, it would not have
been allowed to let this polytheist to rejoin his group, (after entering the Abode of Islam
(Dar al-Islam)) as a disbeliever, not to mention the Muslims taking on the responsibility
to make sure he gets back safely.
7

(tn): i.e. People of the Book

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Imam Al Bouti

Those who, in the name of jihad, criminally attack people in the dark of night, hiding
themselves while spreading terror, killing, and destruction among innocent Muslims and
those who have come under their protection, must declare their stance regarding the
previous adth, Whosoever from my Ummah goes out against my Ummah..., and also
the Qurnic verse, And if any one of the polytheists seeks your protection
They have to clarify: how can a man who serves the religion of Allah and abides by
Allahs commandments and limits contradict or directly oppose the command of the
Messenger of Allah? He indiscriminately kills the righteous and the wicked amongst
them, sparing not even those staunch in faith!
How can be he a mujhid in the cause of Allah? Is it through his open and practical
destruction of the Messenger of Allahs command? Is it through continuing to commit the
harj that has been forbidden by the Messenger of Allah?
The majority of fuqah8 (Islamic jurists) have agreed that fighting jihad is legislated
by Allah in order to prevent any existing or expected aggression, not to force people to
embrace Islam. They build their conclusion based on numerous and obvious proofs. The
clearest of them are the Qurnic verses that forbid fighting non-aggressors and confine
the legitimacy of fighting to those who are aggressors, and there are many. One example
is Allah the Exalteds statement: And fight in the way of Allah the ones who fight you,
but do not transgress; surely Allah does not love the transgressors. [al-Baqarah 2:190]
and also, Allah does not forbid you (as regards) the ones who have not fought you on
account of the religion and have not driven you out of your residences that you should be
benign to them and be equitable towards them; surely Allah loves the equitable. Surely
Allah only forbids you as to the ones who have fought you on account of the religion, and
driven you out of your homes, and backed (others) in driving you out, that you should ally
with them; and whoever allies with them, then those are the one who are the unjust. [alMumtaanah 60:8-9].
In many verses, Allah teaches His Messenger that he is sent as a caller and a
preacher, and that he is not to force or compel anyone to be a Muslim. For instance, Allah
says, But if they turn away, then We have not sent you [O Muhammad] over them as a
guardian. Your duty is to convey (the Message). [ash-Shr 42:48], and also We know
best whatever they say; and in no way are you a tyrant over them. [Qf 50:45], and
Then if you turn away, you should know that it is Our Messenger's duty to convey (the
Message) in the clearest way. [al-Midah 5:92].
All these noble verses provide the legitimacy of fighting on the condition that the
other side has actually transgressed or intends to do so. If this condition is not found, the
Muslims are required only to preach and call to the religion of Allah.
8

(tn): i.e. Islamic jurists

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This Black Harj

Imam Al Bouti

But how do we explain the apparent meaning of two verses in the Book of Allah, the
first of which is: And when the sacred months have passed, then kill the polytheists
wherever you find them and capture them and besiege them and sit in wait for them at
every place of ambush. But if they should repent, establish prayer, and give zakah, let
them [go] on their way. Indeed, Allah is Forgiving and Merciful. [at-Tawbah 9:5]; and
the second: Fight against those who (1) believe not in Allah, (2) nor in the Last Day, (3)
nor forbid that which has been forbidden by Allah and His Messenger (4) and those who
acknowledge not the religion of truth (i.e. Islam) among the People of the Book (Jews and
Christians), until they pay the Jizyah with willing submission, and feel themselves
subdued. [at-Tawbah 9:29]
Both verses order the Muslims to fight the polytheists and the disbelievers in general
without stipulating any restrictions regarding any aggression on their part. Therefore,
they contradict the numerous other verses that do restrict the matter to circumstances of
aggression. How, then, do we explain this issue?
Some lean to justify this by alleging that these two verses abrogate the other verses
which restrict fighting others to cases of actual or expected aggression. This claim is
baseless, because scholars only refer to the rule of abrogation (naskh) of a Qurnic verse
when there is no other alternative. This is not the case, as the alternative is clear and
present, and it is the specification of the general by means of the specific that contradicts
it and restricting the absolute with a restricting text that contradicts it, and it is a
principle that is not disputed by the scholars of ul al-fiqh. For example, if you say to
your friend, give charity to a poor man and then you add a righteous poor man, your
second statement explains and specifies your first one, because the second one is
restricted while the first is absolute, and the absolute is always explained in light of the
restricted and not vice versa.
This means that in applying this principle, the generalization mentioned in the verse,
then kill the polytheists wherever you find them... and also, Fight against those
who believe not in Allah, nor in the Last Day is specified by the verse, And fight in
the way of Allah the ones who fight you, but do not transgress The latter verse is
specified while the first two are general, and the general is explained by the specific and
not vice versa.
So what would necessitate abrogation or even justify it after having clarified the
principle that is adhered to in Arabic semantics? Furthermore, if we ignore this Arabic
grammatical rule that leaves no justification for invoking abrogation and we presume that
it does not exist, what is agreed upon is that imperative sentences9 are only liable to
abrogation. Hence, it is impossible by consensus to abrogate statements. Therefore,
claiming that the verse is abrogated is an accusation of lying against the one who
9

(tn): i.e. statements containing commands and prohibitions

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This Black Harj

Imam Al Bouti

abrogated it, either by way of the statement he abrogated or the text that he used to
abrogate it.
When you go over the verses in which Allah warns His Messenger against forcing
people to submit to Islam, you will see that some of them are statements and not
imperatives, such as the Exalteds statement: But if they turn away, then We have not
sent you [O Muhammad] over them as a guardian. Your duty is to convey (the
Message). [42:48] This is a statement from Allah the Exalted that He did not send His
Messenger to compel people to accept Islam. He only sent him to spread the message.
Similarly, Allah has also said, There is no compulsion in (the acceptance) of the
religion[2:256], which means that forcing people to accept a religion should never be a
way to convince them, because belief can only be in the heart. The one who uses force only
has power over their tongues and limbs. As for their hearts, they remain safe from his
coercion and compulsion. Therefore, no one, not even a Prophet or a saint, has the power
to force something upon peoples hearts.
Therefore, the Qurnic verse is a statement of fact and is not an imperative, so how
can a statement of fact from Allah be abrogated? If that were indeed the case, the
abrogation would actually be the correction of a mistake, and Allah is most exalted above
that.
These crystal clear evidences in the Book of Allah have lead the majority of Islamic
jurists to unanimously agree that fighting jihad has not been legislated to compel people
to accept Islam, as only Allah, Mighty and Majestic, has the power to do so. Rather,
jihad has been legislated to ward off aggressors and to safeguard values and rights.
Don't you see that this clear, summarized article has naturally revealed the true
mujhid in the cause of Allah?
A mujhid is a man who has been brought up with Islamic teachings and therefore he
is a man of chivalrous and noble qualities. He openly confronts and fights aggression. He
does not sneak up on innocent, safe people under the cover of darkness and then quickly
hide from them in bends and tunnels.
Do you think these Qurnic verses and Prophetic traditions are enough to dissuade
those who hide in darkness and take pride in treacherously killing others while discarding
the teachings of the Messenger of Allah? Do you think they can rectify them and move
them to repent and return to the truth?
I dont think they will find in these teachings anything that will convince them to
rethink their position regarding the committed crimes they have committed in the name of
jihad. This is due to the following reasons:

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This Black Harj

Imam Al Bouti

The first reason is that none of them, not even the thinking ones amongst them, is
here at this assembly. We were and still are, in dealing with this affliction, emphasising
the speech that we agree upon. We are like one person speaking to himself in the mirror.
The second reason is that a lot of Islamic scholars and preachers were, for a period of
time, supporting or keeping silent concerning these crimes that tear up the Islamic
Revealed Law, even though they are now condemning such actions. Again, I remind every
single one of you of their supportive stances at the time, secretly or publicly, regarding the
harj that broke out in Algeria. It flared up due to political motives mixed with preaching.
However, when the events dangerously escalated and the hands of evil had extended their
plots under the same cover, these scholars and preachers became aware of the seriousness
of the matter. The cover under which they had been committing these massacres was torn
and thus they released their statement that these crimes were not related to jihad.
We should know well that many of the prior stances of these scholars and preachers
still can still be accessed and to today they influence many of those who commit their
crimes under the cover of darkness. Even though the stances have since changed, they are
still able to influence the minds and hearts of radicals.
The third reason is that the religious bodies that Muslims refer to are still increasing
in their numbers, and they are doing so separately from one another and issuing
conflicting juristic opinions. The latest referential body has set itself up in the heart of
Europe and has detached itself from the institutes of Islamic fiqh that are located in
Cairo, Jeddah or Pakistan. It declares itself to be specializing in the European Islam.
However, the Islam that Allah has ennobled us with was and still is one Islam, and this
Ummah of ours is still one Ummah.
Don't you think that such circumstances would make the ideologues behind those
who are committing the harj, which the Messenger of Allah warned against, think about
having their own special referential body that can warrant their crimes against Islam and
humanity? As long as every category of Muslims can have their own referential body,
why cant they do the same?
Some prominent members of these referential bodies employ personal reasoning
(ijtihd) and issue opinions that contradict the majority of fuqah, both modern and
ancient, in many juristic matters. They justify their ijtihd by invoking the benefit
(malaah) that they see therein stressing that Muslims' different understandings of
jurisprudential issues is sought and justified. They attribute this to what they have
understood from the verses of the Qurn.
I say: if these ever-increasing referential bodies continue in this fashion, doesn't this
give the leaders of the harj that is being committed in our Arab and Islamic countries a
means to justify their perverse thoughts and behaviour that lead them to commit their
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This Black Harj

Imam Al Bouti

brutal acts? This is because the question begs to be asked: what is the difference between
one perversion and another? Why are perverse opinions, such as legislating usury and
keeping a Muslim woman married to a disbeliever why are these perverse opinions
justified while perversions like legislating the killing of tyrants aides and killing the
iniquitous who spread licentiousness in Muslim societies are not justified?
In conclusion, in order to put an end to these black crimes that are committed in the
name of Islamic jihad, we desperately need to gather all the official referential fiqh bodies
into one entity. It should include a large number of those scholars whose knowledge is
reliable and trustworthy and who are free of any political or party interests. They should
be known for their piousness and righteousness. This entity should emanate from the
highest organization in the Islamic world, which is the Organization of Islamic
Cooperation, and it should be the sole authority when it comes to issuing fatwas of the
Revealed Law. This can be achieved through the media, which can be used to build trust
in this referential body throughout Muslim societies.
I firmly believe that if we completely overcome the three reasons as to why this black,
criminal harj has come into existence, the roots of these crimes will be entirely eradicated
such that it will not find any means of being revived, and the hidden hands that interfere
under the cover of Islam will be exposed.

And we seek help from Allah alone in all circumstance, and upon Him alone do we rely

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