Title: The Alleged Fatwa of Osama bin Laden Question: This is the text of the Fatwah released a few years ago which urges "jihad" against the Americans and others associated with them. Could you please, as an established and highly respected scholar of Islam, comment upon the content of the Fatwah provided at http://www.ict.org.il/articles/fatwah.htm ? Thank you very much indeed for your time. Text of Fatwah Urging Jihad Against Americans (Published in Al-Quds al-'Arabi on Febuary 23, 1998) Statement signed by Sheikh Usamah Bin-Muhammad Bin-Ladin; Ayman al-Zawahiri, leader of the Jihad Group in Egypt; Abu- Yasir Rifa'i Ahmad Taha, a leader of the Islamic Group; Sheikh Mir Hamzah, secretary of the Jamiat-ul-Ulema-e-Pakistan; and Fazlul Rahman, leader of the Jihad Movement in Bangladesh Praise be to God, who revealed the Book, controls the clouds, defeats factionalism, and says in His Book "But when the forbidden months are past, then fight and slay the pagans wherever ye find them, seize them, beleaguer them, and lie in wait for them in every stratagem (of war)"; and peace be upon our Prophet, Muhammad Bin-'Abdallah, who said "I have been sent with the sword between my hands to ensure that no one but God is worshipped, God who put my livelihood under the shadow of my spear and who inflicts humiliation and scorn on those who disobey my orders." The Arabian Peninsula has never - since God made it flat, created its desert, and encircled it with seas - been stormed by any forces like the crusader armies now spreading in it like locusts, consuming its riches and destroying its plantations. All this is happening at a time when nations are attacking Muslims like people fighting over a plate of food. In the light of the grave situation and the lack of support, we and you are obliged to discuss current events, and we should all agree on how to settle the matter. No one argues today about three facts that are known to everyone; we will list them, in order to remind everyone: First, for over seven years the United States has been occupying the lands of Islam in the holiest of places, the Arabian Peninsula, plundering its riches, dictating to its rulers, humiliating its people, terrorizing its neighbors, and turning its bases in the Peninsula into a spearhead through which to fight the neighboring Muslim peoples. If some people have formerly debated the fact of the occupation, all the people of the Peninsula have now acknowledged it. The best proof of this is the Americans' continuing aggression against the Iraqi people using the Peninsula as a staging post, even though all its rulers are against their territories being used to that end, still they are helpless. Second, despite the great devastation inflicted on the Iraqi people by the crusader-Zionist alliance, and despite the huge number of those killed, in excess of 1 million... despite all this, the Americans are once against trying to repeat the horrific massacres, as though they are not content with the protracted blockade imposed after the ferocious war or the fragmentation and devastation. So now they come to annihilate what is left of this people and to humiliate their Muslim neighbors. Third, if the Americans' aims behind these wars are religious and economic, the aim is also to serve the Jews' petty state and divert attention from its occupation of Jerusalem and murder of Muslims there. The best proof of this is their eagerness to destroy Iraq, the strongest neighboring Arab state, and their endeavor to fragment all the states of the region such as Iraq, Saudi Arabia, Egypt, and Sudan into paper statelets and through their disunion and weakness to guarantee Israel's survival and the continuation of the brutal crusade occupation of the Peninsula. All these crimes and sins committed by the Americans are a clear declaration of war on God, his messenger, and Muslims. And ulema have throughout Islamic history unanimously agreed that the Jihad is an individual duty if the enemy destroys the Muslim countries. This was revealed by Imam Bin-Qadamah in "Al- Mughni," Imam al-Kisa'i in "Al- Bada'i," al-Qurtubi in his interpretation, and the Shaykh of al-Islam in his books, where he said "As for the militant struggle, it is aimed at defending sanctity and religion, and it is a duty as agreed. Nothing is more sacred than belief except repulsing an enemy who is attacking religion and life." On that basis, and in compliance with God's order, we issue the following fatwa to all Muslims: The ruling to kill the Americans and their allies - civilians and military - is an individual duty for every Muslim who can do it in any country in which it is possible to do it, in order to liberate the al-Aqsa Mosque and the holy mosque from their grip, and in order for their armies to move out of all the lands of Islam, defeated and unable to threaten any Muslim. This is in accordance with the words of Almighty God: "and fight the pagans all together as they fight you all together, "and fight them until there is no more tumult or oppression, and there prevail justice and faith in God." This is in addition to the words of Almighty God "And why should ye not fight in the cause of God and of those who, being weak, are ill-treated and oppressed - women and children, whose cry is 'Our Lord, rescue us from this town, whose people are oppressors; and raise for us from thee one who will help!'" We - with God's help - call on every Muslim who believes in God and wishes to be rewarded to comply with God's order to kill the Americans and plunder their money wherever and whenever they find it. We also call on Muslim ulema, leaders, youths, and soldiers to launch the raid on Satan's U.S. troops and the devil's supporters allying with them, and to displace those who are behind them so that they may learn a lesson. Almighty God said "O ye who believe, give your response to God and His Apostle, when He calleth you to that which will give you life. And know that God cometh between a man and his heart, and that it is He to whom ye shall all be gathered." Almighty God also says "O ye who believe, what is the matter with you, that when ye are asked to go forth in the cause of God, ye cling so heavily to the earth! Do ye prefer the life of this world to the hereafter? But little is the comfort of this life, as compared with the hereafter. Unless ye go forth, He will punish you with a grievous penalty, and put others in your place; but Him ye would not harm in the least. For God hath power over all things." Almighty God also says "So lose no heart, nor fall into despair. For ye must gain mastery if ye are true in faith." Nexus Answer: Please bear in mind that I am not fully aware of the authenticity of the cited Fatwa [1] . Nevertheless, in my opinion, the source of the Fatwa , whether it is Osama bin Laden or whoever else, is not only completely unaware of the law of Islam relating to Jihad , but is also prone to deriving laws from verses, which do not relate to those laws. Before commenting on any specific parts of the cited writing, it should be kept in mind that like all other directives relating to the collectivity of the believers [2] , the directives relating to Jihad are addressed only to the representatives of the believers. No one, besides the representatives of the believers, has either the right or the authority to implement any of these directives. Keeping this clarification in perspective, let us now take a look at the cited writing and the bases of the opinion given in it. The first basis presented in the referred writing is Al-Taubah 9: 5. The verse has been translated in the writing as: But when the forbidden months are past, then fight and slay the pagans wherever ye find them, seize them, beleaguer them, and lie in wait for them in every stratagem (of war) The author of the writing is obviously trying to give the impression that the referred verse of the Qur'an is directing all individual Muslims to declare a war against all 'pagans' of the world. Nevertheless, it is a well known fact that the verse relates to a period, when an organized Muslim state existed in Medinah and it was, in fact, this Muslim state organized under the leadership of the Prophet (pbuh), which was directed to fight the 'pagans' in these verses [3] . The Muslims, who are addressed in these verses are, in fact, addressed as citizens of an organized Muslim state, which had declared war against the 'pagans'. This is clearly the case in each and every one of the verses, which entail directives relating to Jihad . Furthermore, the 'pagans' against whom fighting is ordained by the referred verses are not general in nature, but are actually only the polytheists of Banu Ishmael. I have clarified this point in detail in one of my earlier responses to a question relating to the referred verses [4] . The Ahl-al-Kitaab - the Jews and the Nazarenes - even of the times of the Prophet (pbuh), because of their adherence to the belief in One God only, were not subjected to the implication of these verses. On the contrary, the Qur'an itself clarified ( Al-Taubah 9: 29) that unlike the polytheists, who were subjected to death, because of their rejection of the Prophet (pbuh), the Ahl al-Kitaab were to be subjugated, as a punishment of their rejection of the messenger of God, and were only to be fought against, if they refused to accept the political rule and supremacy of the Prophet (pbuh) and his companions. It should be clearly understood that the directive of fighting entailed in these verses relates specifically to God's law relating to the ultimate manifestation of Truth at the hands of His messenger. The implication of these verses cannot, in any case, be extended to anyone besides the direct addressees of the Messenger of God. Thus, it is clear that: These verses address the Muslims state. No individual has the right or the authority to implement the directives entailed in these verses, except where that individual is legally and morally acting on behalf of an established Muslim state; and These verses are not general in their nature. The directive of fighting entailed in these verses, as I have clarified at length in one of my earlier responses, addresses the companions of the Prophet (pbuh) and is against only the polytheists among the direct addressees of the Prophet (pbuh), who were subjected to the law of God, relating to the ultimate manifestation of Truth, through His messengers [5] . The second verse cited by the author as a basis for his opinion is Al-Baqarah 2: 193. The author has translated the verse as: And fight them until there is no more tumult or oppression, and there prevail justice and faith in God. The author is once again clearly trying to give the impression that this verse is, directing all Muslims to fight all non-Muslims. This, as shall be clarified in the following paragraphs, is absolutely absurd. The referred verse of the Qur'an is, in fact, only a part of a directive of the Qur'an. The complete directive ( Al-Baqarah 2: 190 - 193) is reproduced below: And fight in the way of God, against those who fight you, and do not transgress [this limit]; Indeed, God does not like the transgressors. And slay them wherever you catch them, and turn them out from where they turned you out; for persecution is worse than killing; but do not fight them at the Sacred Mosque, unless they [start to] fight you there; but if they fight you, then slay them. Such is the reward of the rejecters. But if they desist [from their rejection], then God is very Forgiving, Most Merciful. And keep fighting them until there is no more persecution, and religion becomes solely for God; but if they desist [from fighting against you], then there shall be no war except against those, who are bent upon injustice. Firstly, as in the first case, the 'fighting' ordained in these verses is addressed to the Muslim collectivity of Medinah; it was a declared war against oppression, persecution and rejection of God's messenger. Therefore, the directive entailed in this verse does not apply to mercenaries and militants, involved in covert and undeclared war. Secondly, the referred directive of the Qur'an begins with the words: "And Fight, in the way of God, against those who fight you, and do not transgress [this limit]" - This clearly evidences the fact that the referred verses direct the Muslim state to fight only against those, who fight against them. This point is further stressed by the addition of the words "and do not transgress [this limit]". That is, in this 'war', the Muslims are prohibited to take an action against anyone, who desists from fighting against them. A lack of compliance to this directive is subsequently termed as a clear 'transgression'. The remaining part of the verse entails the details of the 'fighting' prescribed in this opening verse. It is clear from the referred verse and the foregoing explanation that: The directive of 'fighting' entailed in these verses, as in the previous verses, is addressed to an established Muslim state; This 'fighting' shall only be against those, who fight the Muslims; Aggression against those, who desist from fighting is termed as transgression; Those, against whom this 'fighting' has been ordained, were guilty of persecution in the name of religion and had turned the Prophet (pbuh) and the Muslims out of their homes; The objective of this 'fighting' is two-folds: 1) the end of persecution; and 2) the supremacy of God's guidance over all false religions [6] ; Finally, once again, it is reiterated that if those guilty of the stated crimes desist from fighting, then the Muslims should not fight them, the permission of fighting is only against those, who are bent upon persecution and injustice. The second verse cited by the author as a basis for his opinion is Al-Nisaa 4: 75. The author has translated the verse as: And why should ye not fight in the cause of God and of those who, being weak, are ill-treated and oppressed - women and children, whose cry is 'Our Lord, rescue us from this town, whose people are oppressors; and raise for us from thee one who will help!' Once again, this verse primarily addresses the Muslim state of Medinah. Individual Muslims are included in this address as citizens of that Muslim state. The verse clearly directs the Muslims to fight against those, who are guilty of oppression and persecution. The directive entailed in this verse is universal and, by its very nature, is not restricted to the Muslim state of Medinah. Nevertheless, the directive entailed in this verse is clearly subject to all the other conditions of Jihad, mentioned at other places in the Qur'an and should be interpreted as such [7] . Another verse cited in the writing is Al-Anfaal 8: 24. The verse is translates as: O ye who believe, give your response to God and His Apostle, when He calleth you to that which will give you life. And know that God cometh between a man and his heart, and that it is He to whom ye shall all be gathered. This verse is cited to prompt the Muslims to support the movement described in the writing. By citing this verse, it is implied that the movement described in the writing is, in fact, derived from the Qur'an and, therefore, supporting and cooperating with it, is like 'responding to the call of God and His Messenger'. However, as I have clarified in the foregoing paragraphs, the opinion propounded in the writing is based on an incorrect and completely out of context interpretation of the cited verses of the Qur'an. Thus, according to my understanding of the Qur'an and the Sunnah, supporting the proposed movement would, in fact, entail going against the call of God and His Messenger, rather than responding to this call. The writer has further cited Al-Taubah 9: 38. The verse has been translated as: O ye who believe, what is the matter with you, that when ye are asked to go forth in the cause of God, ye cling so heavily to the earth! Do ye prefer the life of this world to the hereafter? But little is the comfort of this life, as compared with the hereafter. Unless ye go forth, He will punish you with a grievous penalty, and put others in your place; but Him ye would not harm in the least. For God hath power over all things. This verse is cited to discourage those, who oppose the proposed movement or refrain from supporting or participating in it. It should be kept in mind that the verse does not refer to each and every call for Jihad , but is strictly related to that Jihad , which is in compliance with the directives of the Qur'an and the Sunnah and which fulfills all the conditions for Jihad given in the Qur'an and the Sunnah . It should be clear from my foregoing analysis that the 'Jihad' mentioned in the referred writing is neither in compliance with the directives of the Qur'an and the Sunnah , nor fulfills the express conditions laid down in these sources of the Islamic Shari`ah . Just to clarify, take a look at the following opinion given in the referred writing: The ruling to kill the Americans and their allies - civilians and military - is an individual duty for every Muslim who can do it in any country in which it is possible to do it. Now compare this to the following directive of the Qur'an: And fight in the way of God, against those who fight you, and do not transgress [this limit]; Indeed, God does not like the transgressors. ( Al-Baqarah 2: 190) Now further compare it with the fact that once when the Prophet (pbuh) saw that a woman had been slain in a battle, he strongly condemned the act and directed the Muslims to refrain from killing women and children during wars [8] . Any one can see that the opinion stated in the cited statement is clearly against the directives of the Qur'an and those ascribed to the Prophet (pbuh). The foregoing analysis should suffice as my opinion regarding the referred writing. Regards, Moiz Amjad October 2, 2001 [1] Generally used for opinion on a religious matter. [2] as for instance, organization of rule, the legislation and implementation of punishments, defense and aggression against external forces and even the collective organization of various acts of worship (like the daily and the Jum`ah congregation). [3] It should be of further interest to note that the 'war' directed in these verses is not an undeclared covert aggression against the 'pagans', but was actually publicly declared (at the Hajj gathering) by the representative of the Islamic state, before the action actually took place. From a purely geographical perspective, this was a declared war between the organized Muslim state of Medinah against that of Mekkah. [4] For details, please refer to a discussion on ' Determining the Addressees of the Qur'anic Verses '. [5] The narrative ascribed to the Prophet (pbuh), cited in the writing, should also be seen in the foregoing explanation. [6] It is obvious that the first objective is common in its nature and, therefore, all Muslim states at all times should carry out Jihad against oppression. The second objective, as I have clarified in a number of my previous writings, relates to the Arabian Peninsula only, which was subjected to God's law relating to the ultimate manifestation of Truth through His messengers. For details, see: ' The Political Revolution Brought about by the Prophet (pbuh) '; Difference between Nabi (Prophets) & Rasu'l (Messengers) '; ' Jihad of the Messengers of & his Companions '; ' Punishment for Apostasy '; Comparing Surah Al-Taubah 9: 5 and 'There is no Compulsion in Religion' ; ' Some Clarification Regarding the Position & Mission of a Rasu'l '; ' Regarding Jizyah on non-Muslim Citizens of an Islamic State '. [7] For details, please refer to one of my earlier responses to a question titled: "Regarding Jihad " . [8] Bukhari, Kitaab al-Jihad wa al-Siyar , Bab Qatl al-Nisaa Fi al-Harb , Narrative no. 2792.