Gaza’s top Islamic scholar issues fatwa criticising 7 October attack

In Gaza, a highly respected Islamic scholar has made a significant statement against the attack carried out by Hamas on October 7, 2023. This attack marked the beginning of a severe conflict with Israel. Professor Dr Salman al-Dayah, who previously served as the dean of the Faculty of Sharia and Law at the Islamic University of Gaza, which is affiliated with Hamas, is one of the most influential religious figures in the region. His legal opinions hold considerable weight among the predominantly Sunni Muslim population of Gaza, which numbers around two million. A fatwa is a formal legal ruling issued by a knowledgeable religious scholar, typically based on the teachings of the Quran or the practices of the Prophet Muhammad. Dr Dayah's fatwa, which spans six pages, strongly criticizes Hamas for what he describes as a violation of Islamic principles related to jihad. The term jihad translates to 'struggle' in Arabic and can refer to both personal efforts for spiritual growth and military actions against non-believers. Dr Dayah emphasizes that if the essential conditions for jihad are not fulfilled, it should be avoided to prevent unnecessary loss of life. He believes that the attack on October 7 should have been avoided, especially considering the devastating consequences it has had on the people of Gaza. For Hamas, this fatwa poses a serious challenge, as the group often uses religious justifications to rally support from Arab and Muslim communities for their actions against Israel. The attack on October 7 involved hundreds of Hamas militants launching an incursion into southern Israel, resulting in approximately 1,200 fatalities and 251 individuals taken hostage. In retaliation, Israel initiated a military campaign aimed at dismantling Hamas, which has led to over 43,400 deaths in Gaza, according to figures from the Hamas-run health ministry. Dr Dayah argues that the extensive civilian casualties and the widespread destruction of infrastructure in Gaza following the attack are in direct contradiction to Islamic teachings. He asserts that Hamas has failed to fulfill its responsibilities to protect innocent Palestinian civilians and ensure their safety, security, and access to essential services such as food, healthcare, and education. Dr Dayah references specific verses from the Quran and the Sunnah that outline strict guidelines for conducting jihad, including the necessity of avoiding actions that provoke an excessive and disproportionate response from an adversary. His fatwa underscores that, according to Islamic law, military actions should not result in harm that outweighs the intended benefits. He also stresses that Muslim leaders have a duty to safeguard the well-being of non-combatants by providing them with food, medical care, and shelter. Dr Dayah firmly believes that human life holds greater value than any material possession, stating, 'Human life is more precious to God than Mecca. ' His opposition to the October 7 attack is particularly noteworthy given his significant influence in Gaza, where he is regarded as a key religious authority and a vocal critic of Islamist movements, including Hamas and Palestinian Islamic Jihad. His moderate Salafist beliefs place him at odds with Hamas's approach to armed resistance and its connections to Shia-led Iran. Salafists are fundamentalists who strive to emulate the example of the Prophet Muhammad and the early generations of Muslims. Dr Dayah has consistently advocated for the establishment of an Islamic caliphate that adheres strictly to Islamic law, rather than the political party-based systems promoted by Hamas and other factions. He has previously condemned extremism and has spoken out against jihadist groups like Islamic State and al-Qaeda. Throughout his career, he has utilized various platforms to issue fatwas on a wide range of social and political issues, including commercial transactions, marriage and divorce disputes, and the conduct of political violence. The issuance of this fatwa contributes to the growing internal discourse within Gaza and the broader Arab world regarding the moral and legal ramifications of Hamas's actions. It is likely to further exacerbate divisions within Palestinian society concerning the use of armed resistance in the ongoing conflict with Israel. Sheikh Ashraf Ahmed, one of Dr Dayah's students who was forced to evacuate his home in Gaza City last year and relocate to southern Gaza with his wife and nine children, shared his thoughts with the BBC. He stated, 'Our scholar [Dr Dayah] refused to leave his home in northern Gaza despite the fears of Israeli air strikes. He chose to fulfill his religious duty by issuing his legal opinion on the attack. ' Ahmed characterized the fatwa as the most powerful legal judgment of a historical moment, emphasizing that it is a deeply researched document that reflects Dr Dayah's commitment to Islamic jurisprudence.