Shaykh Anwar Al Awlaki ( rahimahullah)

Downloaded from: justpaste.it/pi6e Shaykh Anwar Al Awlaki ( rahimahullah) on the issue of targeting women and children mixed with the fighters TARGETING WOMEN AND CHILDREN OF THE KUFFAR IF THEY ARE MIXED WITH THE COMBATANTS This was collected mainly from the works of Sheikh Nasir Al Fahd, Sheikh Ayman Al Zawahiri, and Al Tibyaan for the purpose of shortly outlining the specific ruling in Jihad which arises with the condition of being unable to differentiate Non Combatants from Combatants amongst the Kuffar upon the request of a brother. ميحرلا نمحرلا هللا مسب لع ملاسلاو ةلاصلاو نيملاعلا بر هلل دمحلا هلا لعو دمحم انيبن نيقتملا ماما و نيلسرملا ديس انقزراو اقح قحلا انرا مهللا.نيعمجا هباحصا و دعبو. هبانتجا انقزراو لاطاب لطابلا انرا و هعابتا The Issue of Jihadi Operations in presence of Non-Combatants can be viewed from different angles, with The GENERAL Ruling being that it is not allowed to target non combatants. Nāfi (ra) narrated on the authority of Ibn Umar (ra), The Messenger saw a woman who had been killed in one of the campaigns, so he disapproved of this; and he prohibited the killing of women and children. Sahīh Al-Bukhārī (4/147), and Sahīh Muslim (3/1364). However there are SPECIFIC rulings which restrict the above General ruling provided certain conditions are met. Below we will look at one of these conditions Number 1. When Combatants and Non- Combatants are mixed and it is impossible to differentiate between them When the above condition is met, it is permissible to target them with the risk of killing their women and children while aiming at the Combatants. Within this topic would also come many other vast situations of which some will be mentioned here Insha Allah. 1. A) Night Attacks And the evidence for this is the following Hadith which was narrated by Bukhari and many others, As-Sa b Ibn Jathāmah narrated, And the Prophet of Allāh (may peace be upon him), when asked about the women and children

[Tharāriyy] of the polytheists being killed during the night raid- he said: They are from them. And in similar narrations, it is reported that he replied by saying, They are from their fathers. Refer to Fat h Al- Bārī (6/146), and Al-Minhāj Sharh Sahīh Muslim Ibn Al-Hajjāj (12/49), Sunan Ibn Mājah (2/967), Sunan Abī Dāwūd (3/56), Musnad Ahmad (4/38), Al-Bayhaqī (9/78), Ibn Abī Shaybah (12/388), At-Tabarānī in Al-Kabīr (8/102), Al-Baghawī in Sharh As-Sunnah (10/50), Al-Humaydī (2/343, # 781), and At-Tahāwī in Ma ānī Al- Āthār (3/221), and Jāmi Al-Usūl by Ibn Al-Athīr (2/733), and Ibn al- Arabī in Āridhat al-ahwathī (7/65). Al- Bayhaqi Mentions in Sunan Al Kubra (9/78) that al-shafii said, In our view, and Allah alone knows best, the meaning of the prohibition on killing women and children is on intentionally seeking to kill them when they can be recognized and distinguished from those who have been ordered to be killed. The meaning of the Prophet s words, They are of them, is that they unite two traits: they do not have the legal factor of faith, which spares one s blood, nor do they live in an abode of faith, which prevents an attack on that abode. See Al-Shafiee Risaalaa pge 299 Ibn Qudāmah (ra) narrates, He (Ahmad Ibn Hanbal) said, The Hadīth of As-Sa b came after the forbiddance of killing the women and children, because his forbiddance of killing the women was when he sent (men) to Ibn Abī Al-Huqayq, and because it is possible to reconcile the two (Hadīths); the forbiddance upon intentionally (killing them), and the permissibility for what is besides that. Al-Mughnī Wash-Sharh Al-Kabīr (10/503). Al-Nawawi says: "Its implied meaning: He was asked about the rule governing the children of nonbelievers who are attacked while they are spending the night, and so some of their women and children are mortally wounded. He said that the children belong to their parents; in other words, there is nothing wrong with doing so. The legal status of their parents applies to them in inheritance, marriage, retaliation, bloodwit, and other matters. The meaning also is if they are not intentionally targeted without necessity...as for the previous Hadith, concerning the prohibition on killing women and children, the intention is if they can be distinguished. This Hadith that we have just mentioned, concerning the permissibility of attacking

them by night and killing women and children in the night raid, is our doctrine and the doctrine of Malik, Abu Hanifah, and the majority. This Hadith contains proof of the permissibility of attacking by night and of raiding those who have been reached by the call [to Islam] without giving them prior notice." Al-Nawawi, Sharh Muslim, v. 6, p. 189. Ibn Hajar says: "The word bayat, as used in the Hadith, means that the non-believers are attacked at night, so that one cannot distinguished among them as individuals. "The phrase, 'They are of them,' means that it is so in that case. It does not mean that they may be killed by aiming at them; the meaning is that if the parents can be reached only by trampling the children, who, if hit, are hit because they were mixed with the former, the latter may be killed. Fath al-bari, v. 9, pp. 223-224. Ibn Qudamah al-maqdisi (may God have mercy on him) said: "Section: There is nothing wrong with attacking the non-believers by night, i.e., raiding them by night and killing them when they are unprepared. "Ahmad [Ibn Hanbal] said there was nothing wrong with attacking by night. 'Are the attacks of the Byzantines anything but night attacks? We know of no one who disapproves of attacking the enemy by night.' "Sufyan recited the following tradition to him on the authority of al-zuhri, who had it from Abdallah, who had it from Ibn Abbas, who had it from al-sa'b Ibn Jaththamah, who said: 'I heard the messenger of Allah (Sallallahu alayhi wasallam) being asked about the polytheist tribesmen, whether we should attack them by night and hit some of their women and children. He said that the latter were of them.' "He [Ibn Hanbal] said that the chain of transmitters was good. "Someone might object that the prophet forbade the killing of women and children. "We would say that it (the forbiddance) refers to killing them intentionally. "Ahmad [Ibn Hanbal] said, 'If he intends to kill them, then it is not permissible. al- Mughni, v. 21, p. 101 1. B) Bombarding towns or fortresses with catapults It is established in many traditions that the Prophet and his companions used catapults and it is known that a catapult by nature would not distinguish a Combatant and a Non-Combatant.

Al-Amir al-san'ani said: "From Makhul : 'The prophet erected a catapult against the people of Al-Ta'if.' Al- San'ani, Subul al-salam, v. 6, p. 167. Abu Dawud Ibn Rushd (ra) said, And the jurists are all united on the permissibility of using catapults to strike the fortresses of the kuffār, regardless of whether or not their women and children are in there; due to the Prophet attacking the People of At- Tā if using a catapult. Bidāyat Al- Mujtahid (1/385-386). Imām Ibn An-Nahhās (ra) said, It is permissible to attack them with catapults, fire, and to drown them in water [if they are on ships] - even if there are women and children amongst them. But if there is a Muslim prisoner or merchant, or a Musta man [a person with a covenant], then it is Makrūh [disliked], unless there is a necessity. Mashāri Al-Ashwāq (2/1024). Shaykh Husayn Umar Ibn Mahfuz said: "Analogous to the catapult are other heavy weapons, such as artillery and tanks and attack by war planes." (The legal Basis for the Events at America) Ibn Hajar al-haytami al-shafii (Tuhfat al- Muhtaj, 9/242): This is permissible even if there are one or more Muslims among them, such as merchants or prisoners of war. They may be besieged and killed by means that have a general effect. They may subjected to surprise attack at night, even if it is known that Muslims will be killed thereby, although one should guard against this as far as possible. According to the doctrine of the legal school, this is so that the enemy cannot force us to abandon jihad by imprisoning a Muslim among them. Imam Al-Shafii (Kitab al-umm, 4/257): If the enemy fortifies himself on a hill, by a stronghold, by entrenchment, or by scattering caltrops, or any kind of fortification, they may be bombarded with catapults, siege engines, fire, scorpions, snakes, and anything hateful to them. The fighters may divert water against them to drown them or so that they become bogged down in mud. All this may be done whether or not there are children, women, and monks with them because the abode has not become immune by profession of Islam or treaty. Similarly, there is nothing wrong with burning their fruit trees and other trees and devastating their cultivated land and any of their inanimate possessions. Ibn Qudamah (al-mughni, 9/230):

Al-Khiraqi said, Whenthe enemy is fought, they are not burnt with fire. When one has power over the enemy, one may not burn him with fire. We know of no disagreement about this. Abu Bakr al- Siddiq, may Allah be pleased with him, used to order that the people who apostatized after the Prophets death should be fought with fire, and Khalid ibn al-walid did this at his command. Today, however,.i know of no disagreement among scholars concerning this. As for bombarding them with fire before taking them: if they can be taken without fire, one may not bombard them with it, because they fall under the category of those over whom one has power. However, if one is powerless against them without fire, one may do so, according to what most scholars hold. So said al-thawri, al- Awzai, and al-shafii. The same holds for opening the floodgates against them to drown them: if they can be overcome without it, it is not permissible, since this involves annihilating women and children, whom it is forbidden to annihilate intentionally. However, if they cannot be overcome otherwise, it is permissible. Night raids that involve this are also permissible, and one may set up a catapult against them. The plain sense of the words of Ahmad [ibn Hanbal] is that it is permissible both when there is need and when there is not. The Hanafee Jurist Al-Sarakhsi (al-mabsut, 10/65): There is nothing wrong with releasing water into the enemy s city, burning them with fire, or bombarding them with the catapult, even if there are children or Muslim prisoners of war or traders among them. The Maliki Jurist Al-Kharashi (Sharh Khalil, 3/113): One may fight the enemy with all means of warfare if they do not accept the summons [to Islam]. One may cut off their water so that they die of thirst; one may divert water against them so that they die of drowning, according to common usage; or they may be killed by implements, such as by striking with the sword, piercing with the spear, bombardment by catapult, or any similar implements of war. 1. C) When The Kuffar use their women and children as Human Shields. Imām An-Nawawī (ra) said, And if there is close combat [i.e. near their homes], and the kuffār use their women and children as (human) shields, it is permissible to strike them. Minhāj At-Tālibīn (4/224). Imām Al- Izz Ibn Abdis-Salām (ra) said, We view it permissible to kill the children

of the kuffār if they are used as shields. Qawā id Al-Ahkām Fī Masālih Al- Anām (1/82). Imām Zakariyya Al-Ansārī (ra) said, And it is prohibited to destroy animals, due to their innocence, and because of the prohibition of killing animals for any purpose other than eating- unless there is a need to kill them, such as killing horses which the kuffār ride upon when they fight. So in such a situation it is permissible to kill (these animals), to repel the harm of the kuffār- just as it is permissible to kill their women and children if they are used as shields. Fat h Al-Wahhāb (2/301). Shaykh Al-Islām Ibn Taymiyyah (ra) said. And the scholars are united that, if the armies of the kuffār shield themselves using the Muslim prisoners who are with them, and danger is feared for the (rest of the) Muslims if the kuffār are not fought- then it is permissible to fight them, even if it leads to the killing of the Muslims who were being used as shields. Majmū Al- Fatāwā 28/537-546, 20/52 If that is what Ibn thaymiyya said regarding the case with the Muslim prisoners used as shields, than what more of the Kuffar whose blood is of lesser value? Ibn Qudamah said: "(7577) Chapter: If in war they use their women and children as shields, it is permissible to shoot at them, but one aims at the fighters. This is because the prophet shot at them with the catapult when there were women and children with them. It is also because the Muslim's abstaining from them would lead to the halting of jihad; for when the enemy found out, they would take them as shields whenever they were afraid, and so jihad would halt. "It is the same regardless of whether the fighting is at close quarters or not, because the prophet did not delay shooting when the fighting was at close quarters. al-mughni, v. 4, p. 449.