A prominent Islamic scholar from the Gaza Strip has issued an uncommonly strong fatwa condemning the October 7, 2023 Hamas attack on Israel, which ignited the ongoing conflict in the region.
Renowned Scholar Criticizes Hamas’s Actions
Prof. Dr. Salman al-Dayah, a former dean of the Faculty of Sharia and Law at the Islamic University of Gaza—an institution affiliated with Hamas—is one of the region’s most respected religious figures. His legal opinion, or fatwa, holds considerable influence over Gaza’s population of approximately two million people, the majority of whom are Sunni Muslims.
A fatwa is an Islamic legal ruling issued by a respected scholar, grounded in the Qur’an or the Sunnah—the practices and sayings of the Prophet Muhammad. While non-binding, these opinions can carry significant cultural and moral weight.
Hamas Accused of Violating Islamic Jihad Principles
In a six-page document, Dr. Dayah’s fatwa criticizes Hamas for “violating Islamic principles governing jihad,” which encompasses both internal spiritual struggle and external conflict against the enemies of Islam. Dr. Dayah argues that Hamas’s actions fail to meet the proper conditions and pillars required for jihad, rendering their military campaign unjustifiable.
“If the pillars, reasons, or conditions of jihad are not fulfilled, it should be avoided to prevent the destruction of people’s lives. This is something that our politicians should have understood, and thus, the attack should have been avoided,” stated Dr. Dayah in his ruling.
For Hamas, this fatwa represents a serious challenge, as the group frequently uses religious rhetoric to justify its actions and win support from Arab and Muslim communities. On October 7, 2023, hundreds of armed fighters from the Gaza Strip infiltrated southern Israel, resulting in the deaths of around 1,200 people and the capture of 251 hostages. In response, Israel launched a military offensive aiming to dismantle Hamas. According to the Hamas-run Health Ministry, over 43,400 people have since been killed in Gaza.
Civilian Casualties and Destruction Condemned
Dr. Dayah argues that the large number of civilian deaths, along with widespread destruction of infrastructure and the ensuing humanitarian catastrophe, contradicts Islamic teachings. According to him, Hamas has failed in its responsibilities to protect civilians and support their well-being. The fatwa condemns the inability of the group to ensure basic needs such as security, healthcare, education, and the provision of sufficient supplies.
The scholar draws attention to verses from the Qur’an and the Sunnah, which establish strict conditions for engaging in jihad. One of the key conditions is avoiding actions that provoke a disproportionate and excessive response from the adversary. His fatwa emphasizes that, in Islamic law, a military operation must not trigger a response that causes more harm than the benefits that the action might yield.
Additionally, Dr. Dayah stresses that Muslim leaders are obligated to protect non-combatants by providing essential resources like food, medicine, and shelter. “Human life is more precious to God than Mecca,” the scholar declared, highlighting the sanctity of life in Islam.
Dayah’s Influence and Role in Gaza
In the Gaza Strip, Dr. Dayah is regarded as a major religious authority and has been a vocal critic of Islamist movements such as Hamas and Palestinian Islamic Jihad. His moderate Salafi views place him at odds with Hamas’s approach to armed resistance and its alliances with Shiite-majority Iran.
Salafis adhere to a fundamentalist interpretation of Islam, aspiring to emulate the Prophet Muhammad and the first generations of Muslims. Dr. Dayah has consistently advocated for the establishment of an Islamic caliphate that strictly follows Sharia law, as opposed to political systems based on party structures—a goal that differs from Hamas’s political approach. “Our role model is Prophet Muhammad, who founded a nation and did not establish political parties to divide it. That is why political parties are forbidden in Islam,” Dr. Dayah said in a sermon several years ago, as recalled by the BBC.
The scholar is also known for his condemnation of extremist groups like ISIS and al-Qaeda, making him a staunch opponent of jihadist ideologies.
Refusal to Evacuate Amidst the Conflict
Despite the Israeli military’s constant evacuation orders for civilians in northern Gaza due to ongoing operations to dismantle Hamas infrastructure, Prof. Dr. Dayah has refused to leave his home. His decision to stay underscores his steadfastness in the face of adversity, even as he continues to oppose Hamas’s actions.
Dr. Dayah’s fatwa stands as a significant critique from within the Islamic scholarly community, challenging Hamas’s justification for armed conflict and emphasizing the importance of protecting civilian lives and adhering to the true principles of jihad.
Leave a Reply