In brief
Professor Dr. Salman al-Dayah, a prominent Islamic scholar in Gaza, has issued a fatwa condemning the 7 October attack by Hamas on Israel, labeling it a violation of jihad principles. His influential stance addresses the humanitarian crisis resulting from the attack, challenging Hamas's justification of armed actions through religious rhetoric and urging the protection of non-combatants.
Professor Dr. Salman al-Dayah, Gaza's leading Islamic scholar and former dean at the Islamic University of Gaza, has made headlines with a significant fatwa condemning the 7 October 2023 attack by Hamas on Israel. This unprecedented pronouncement, which critiques the legality and morality of the attack, comes at a time when the region is embroiled in a devastating war following the assault that led to about 1,200 Israeli fatalities and numerous hostages.Dr. Dayah's fatwa, characterized by its thorough six-page analysis, emphasizes that the attack violates Islamic principles governing jihad. He defines jihad as a struggle – both spiritual and military – and stresses the necessity of meeting specific conditions to engage in such actions. His legal opinion resonates with Gaza's predominantly Sunni Muslim population, making his views particularly pertinent in a region facing crisis.In the fatwa, Dr. Dayah criticizes Hamas for failing to protect innocent Palestinian civilians amidst the conflict. He highlights that ensuring the welfare of non-combatants is a fundamental obligation under Islamic law, a principle his fatwa aims to underscore in light of the substantial civilian casualties and infrastructural devastation witnessed in Gaza since the attack. According to him, the high toll on human lives contradicts the core teachings of Islam, which prioritize human life above all.Hamas, often justifying its military actions through religious foundations, may find Dr. Dayah's pronouncement both embarrassing and harmful to its standing within the community. His fatwa adds to the ongoing debate about the appropriateness of armed resistance in the Palestinian struggle against Israel, raising critical questions regarding the moral limits of jihad and the responsibilities of Muslim leaders.The fatwa reflects not only Dr. Dayah's esteemed position in Gaza but also his moderate Salafist beliefs, which differ notably from Hamas's militaristic strategies. Known for his vocal stance against extremism and the establishment of political parties in Islam, Dr. Dayah’s latest move signals a significant rift within Palestinian society and a potential shift in the narrative surrounding resistance.His determination to remain in Gaza during a time of heightened danger to issue this fatwa demonstrates his commitment to Islamic jurisprudence. Those close to Dr. Dayah, including Sheikh Ashraf Ahmed, have expressed that this fatwa stands as a historical milestone in the discourse on armed actions and emphasizes the need for adherence to Islamic principles in the face of conflict.As Gaza continues to battle the repercussions of this war, Dr. Dayah’s fatwa may serve as a catalyst for further introspection and division regarding the legitimacy and consequences of militant resistance among Palestinians and across the Arab world.
