Recent news reports talk of ISIS terrorists or jihadis using immigrant boats leaving Libya in order to spread terror in Europe (e.g. in The Daily Mail; The Independent; The Guardian; the BBC; and so on).
Of course, it is easy to imagine the self-styled “Islamic State”, as we have come to know it through the news and social media, hatching such a plot. By the same token, it is not beyond the realms of reality that the reports represent scaremongering designed to soften public opinion in “The West” for possible future military action to prevent (i.e. sink) boats full of souls from reaching Southern European waters out of sight and out of mind.
The issue here is not of whether these reports are true or false. Rather whether or not clandestine operations such as those outlined in the reports would accord with the teachings of Islam, and hence be Sharia-compliant.
In view of the number of authentic narrations, there is no doubt that the Prophet Muhammad (PBUH) did declare that “War is deceit.” And what could be more deceitful than smuggling fighters into a country disguises as refugees seeking safety? It is so deceitful, in fact, that it even makes the statue of a horse used the Greeks at the Battle of Troy look like fair game.
But against this hadith, we must weigh the implications of such clear-cut qur'anic verse as (Q. 9:6): {And if one of the idolaters asks you [Muhammad] for protection, grant him protection so that he may hear the Word of God, then let him reach his place of safety; that is because they are people who do not know.} The meaning is unambiguous: at times of war, Muslims are to treat refugees from the opposite side with respect. Whoever amongst the Muslims who acts treacherously deserves, according to a well know tradition related of the Caliph Umar ibn al-Khattab, that the commander should “strike his neck”; and the statement that "one does not act on it" due to lack of consensus relates to execution of the capital punishment; it does not mean that Islamic martial law approves of, and grants permissibility to, treachery.
The matter from the Islamic perspective is neatly summed up in the following short excerpt from al-Mughni by the classical Hanbali scholar, Muwaffiq al-Din Ibn Qudamah (the Arabic text appears below for ease of reference):
Of course, it is easy to imagine the self-styled “Islamic State”, as we have come to know it through the news and social media, hatching such a plot. By the same token, it is not beyond the realms of reality that the reports represent scaremongering designed to soften public opinion in “The West” for possible future military action to prevent (i.e. sink) boats full of souls from reaching Southern European waters out of sight and out of mind.
The issue here is not of whether these reports are true or false. Rather whether or not clandestine operations such as those outlined in the reports would accord with the teachings of Islam, and hence be Sharia-compliant.
In view of the number of authentic narrations, there is no doubt that the Prophet Muhammad (PBUH) did declare that “War is deceit.” And what could be more deceitful than smuggling fighters into a country disguises as refugees seeking safety? It is so deceitful, in fact, that it even makes the statue of a horse used the Greeks at the Battle of Troy look like fair game.
But against this hadith, we must weigh the implications of such clear-cut qur'anic verse as (Q. 9:6): {And if one of the idolaters asks you [Muhammad] for protection, grant him protection so that he may hear the Word of God, then let him reach his place of safety; that is because they are people who do not know.} The meaning is unambiguous: at times of war, Muslims are to treat refugees from the opposite side with respect. Whoever amongst the Muslims who acts treacherously deserves, according to a well know tradition related of the Caliph Umar ibn al-Khattab, that the commander should “strike his neck”; and the statement that "one does not act on it" due to lack of consensus relates to execution of the capital punishment; it does not mean that Islamic martial law approves of, and grants permissibility to, treachery.
The matter from the Islamic perspective is neatly summed up in the following short excerpt from al-Mughni by the classical Hanbali scholar, Muwaffiq al-Din Ibn Qudamah (the Arabic text appears below for ease of reference):
- 7587 – Issue: He said: “Whoever enters enemy territory in safety should not cheat them of their property nor engage in usury with them. As for the prohibition on usury in non-Muslim territory, we have mentioned it under [the chapter of] usury, in addition to God's (T) word (Q. 2:275): {and He prohibited usury}, along with all verses and hadiths indicating that the prohibition of usury is general, covers usury in every place and time. Regarding cheating them, it is forbidden because they have granted him safety conditional on his desisting from cheating them, and keeping them safe from himself. Even if it is not mentioned verbally, nevertheless its meaning is understood as implied. For that reason, whoever comes to us from them and cheats us, he is deemed to have breached his promise. If this is established, then cheating them is not permitted since it would constitute treachery, and treachery is not approved in our religion. The Prophet (PBUH) said: “Muslims [stand] by their undertakings.” So, if he were to cheat them, or steal from them, or borrow something, it must be understood on the basis that he is forbidden to take it, therefore he is required to return what he took just as though he had taken it from the property of a Muslim.
- 7587 – مسألة: قال "من دخل إلى أرض العدو بأمان لم يخنهم في مالهم ولم يعاملهم بالربا." أما تحريم الربا في دار الحرب، فقد ذكرناه في الربا مع أن قول الله تعالى {وحرم الربا} وسائر الآيات والأخبار الدالة على تحريم الربا عامة، تتناول الربا في كل مكان وزمان. وأما خيانتهم فمحرمة لأنهم إنما أعطوه الأمان مشروطا بتركه خيانتهم، وأمنه إياهم من نفسه، وإن لم يكم ذلك مذكورا في اللفظ فهو معلوم في المعنى. ولذلك من جاءنا منهم بأمان فخاننا كان ناقضا لعهده. فإذا ثبت هذا، لم تحل له خيانتهم لأنه غدر، ولا يصلح في ديننا الغدر. وقد قال النبي صلعم: "المسلمون عند شروطهم." فإن خانهم أو سرق منهم أو اقترض شيئا وجب أخذه على وجه حرم عليه أخذه، فلزمه رد ما أخذ كما لو أخذه من مال مسلم.
Clearly, to enter Europe in the manner described by the British news media, duping those populations that have granted one safety by harbouring the intention to harm them is against the Qur'an and Sunnah, and therefore unislamic, according to dominant view of reputable scholars such as Ibn Qudamah.
And God knows best.
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