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Fatwa from the religious scholars of palestine 1935
FATWA FROM THE RELIGIOUS SCHOLARS OF PALESTINE IN 1935, REGARDING SELLING OF THE LANDS TO THE JEWS
Praise be to Allah, Lord of the Worlds, and blessings and peace be upon His trustworthy Messenger, and upon all his family and companions, and on those who followed them in goodness upto the Day of Judgement.
As for what follows:
We, the Muftis, judges, teachers, lecturers, Imams, preachers, and all other religious scholars and religious men of the Muslims in Palestine; who have gathered this day in this religious assembly which has been convened in Jerusalem, in the Farthest Mosque (al-Aqsa) - whose surroundings are blessed - (issue the following statement) after examination and perusal of the situation confronting us.
The situation involves selling Palestinian lands to the Jews, which serves toward attainment of the goals of Zionism. These goals involve Judaicizing this holy Islamic country, displacing it from the hands of its people and expelling them from it, and erasing all trace of Islam from it by demolishing mosques and (other) places of worship and Islamic holy sites. All this has already occurred in the regions whose sale to the Jews has been completed, and whose inhabitants have been expelled, homeless upon the earth. It is feared that the same will occur - may Allah not permit it - in the First of the Two Qiblahs, the Third, after the Two Holy Mosques, which is the Blessed Aqsa Mosque.
We have examined the verdicts (fatwas) which have been issued by the Muftis and scholars of Islam in Iraq, Egypt, India, Morocco, Syria,, Palestine, and all the other Islamic regions. These verdicts all agree upon the prohibtion of selling the land in Palestine to the Jews, and (they also agree) upon the prohibition of acting as middleman on these sales, or playing the part of a broker, or assisting the matter in any manner or form; and also upon the prohibition of being pleased with this entire affair, or remaining silent before it. They agree, furthermore, with respect to every Palestinian, that all of the above, committed by somebody who is aware of the consequences and contented with them, necessarily entail disbelief (kufr), and apostasy (irtidad) from the religion of Islam. This occurs through believing in the permissibility of the matters, as has been mentioned in the verdict issued by the respected Sayyid Amin Al-Husayni, Mufti of Jerusalem and President of the Supreme Islamic Council.
After examination and perusal of all of the above, we support the content of those noble verdicts, and agree that the seller, the land broker, the mediator and anybody facilitating the sale of Palestine are all:
1. Knowingly aiding in expelling Muslims from their homes
2. Preventing people from the mosques of Allah, preventing the remembrance of His name therein, and striving to ruin them.
3. Taking the Jews as allies, for his deeds are considered as help and support to them against the Muslims.
4. Annoying Allah, His Messenger and the believers.
5. Betraying Allah and His messenger, and the trust (appointed to him).
Let us return to the clarifying evidences for these regulations in circumstances such as these, from the Book of Allah, such as the following (translated):
"Oh believers! Do not betray Allah and the Messenger, nor knowingly betray your trusts. Know that your wealth and offspring are (but) a test, and that with Allah is a tremendous reward." [8:27-28]
"Those who annoy believing men and women by that which they do not deserve - they are guilty of slander and manifest sin." [33:58]
"Who is more unjust than one who prevents people from the mosques of Allah, lest His name be remembered therein, and strives to destroy them? It does not befit those people to enter them (the mosques) except in fear. There is disgrace for them in this world, and theirs is a tremendous punishment in the Hereafter." [2:114]
"Allah does not prevent you from being kind and equitable to those who have not fought you on account of your religion, nor driven you out of your homes. Allah loves the equitable. Allah only forbids you from befriending those who have fought you on account of your religion, and driven you from your homes, and assisted in expelling you; whoever befriends them, they are the wrongdoers." [60:8-9]
"Oh believers! Do not take as friends and protectors (those who are) My enemies and your enemies." [60:1]
"And whoever befriends them is one of them" [5:51]
The Imams of exegesis (tafsir) have mentioned that the meaning of "he is one of them" is that he is one of their group, and that his status is is like theirs.
It can be realized from all that we have hitherto mentioned in the way of means and results, sayings, rulings and verdicts, that with regard to those selling Palestine to the Jews, whether directly or through some intermediary or broker, as well as those facilitating the matter or assiting in it by any means whatsoever, while knowing of the above-mentioned consequences:
- it is not permissible to perform the funeral prayer for them when they die
- they may not be buried in Muslim graveyards
- it is obligatory to repudiate them, cut off relations with them, and hold their kind in contempt, and not to love them or be intimate with them.
The above holds true even if the person involved should be one's own parents, children, siblings or spouses.
"Oh believers! Take not your fathers and brothers as friends if they prefer disbelief to faith. And whoever among you befriends them - those are the wrongdoers." [9:23]
"Say, 'If your fathers, your children, your brothers, your spouses, your kinsfolk, the wealth you have acquired, the trade whose loss you fear, and the dwellings which you are pleased with, are more beloved to you than Allah and His messenger, and jihad in His path, then wait until Allah brings about His decree. Allah does not guide transgressing people." [9:24]
Bearing this in mind, to remain silent in the face of the actions of these people, and to be pleased with them, is absolutely forbidden. "Oh believers! Hearken to Allah and to the Messenger when they call you toward that which gives you life. Know that Allah intervenes between a man and his heart, and that to Him will you be returned. And fear an affliction which may not afflict the wrongdoers exclcusively among you, and know that Allah is severe in punishment." [8:24-25]
May Allah make us of those who hear the word and follow its excellence, for He is our Protector; how excellent a protector, and how excellent a lender of support.
20 Shawwal 1353 AH
26 January 1935 CE
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