Zawaya

The doctrine of takfir: A legitimization of the principle of istehlal

By: Said Elakhal

Terrorism perpetrated by takfir groups known as Jihadi ones, is the embodiment of subversive doctrines held by these extremist organizations. These groups are present and dynamic thanks to these beliefs that have been distorted from their historical and doctrinal context, by the Sheiks of hatred and princes of blood, to make of them binding doctrines that are necessary for the straightness of one’s faith. These beliefs include: Jihad, Ghaneemah (spoils of war) and istehlal. These takfir groups start on the basis of declaring Arab and Muslim societies as infidel and apostate.

Therefore, the jurisprudence developed by the scholars of hatred and blood are applied, whereby members of these communities, their properties and honor, as well as all administrative, financial and constitutional institutions become “permissible” (Halal) for these organizations to violate by all ways and means. That’s why these groups always cling to the doctrine of takfir, and make of it a basis for attracting members and planning for subversive and criminal activities.

As long as these organizations accuse society of infidelity, they will keep legitimizing all criminal acts prohibited by religion and law, such as: killings, terrorizing peaceful citizens, hostage-taking, capturing women and girls, drug trafficking, burglary of properties belonging to individuals or institutions, etc. Judging a community as being Muslim makes the blood, honor and property of its members prohibited according to the Hadith (the whole of a Muslim for another Muslim is inviolable: his blood, his property, and his honor).

The doctrine of takfir is a clear and direct legitimization to render what’s inviolable totally permissible, since istehlal is making Halal what God prohibited. Thus, it becomes permissible to members of terrorist groups to undertake actions prohibited by religion. These groups even make of Ghaneemah (spoils of war) and Fay’ (spoils) the main sources of financing for their activities, as opined by the Sheikhs of terrorism, like Dr. Fadl stated in his book, “Al-‘umda fi i’dad al ’udda”: (the most important resources for Mujahideen should be the Ghaneemah from their enemy, therefore each community must strive to secure its material needs from its enemy). Thus, the treaty of the Salafist Group for Preaching and Combat, which now bears the name of al-Qaeda in the Islamic Maghreb since January 2007, sets out the financial resources of the Salafist Group as follows:
1- Ghaneemah and Fay’.
2- Zakaah.
3- Volunteering charity.
4- Compulsory taxes.
5- Religious endowments.

As a basis for istehlal, these takfiri organizations use Fatwas that legitimize the robbery of properties of citizens after judging them as being infidels, so that their properties become “Ghaneemat” and “Fay’”. (Ghaneemah is what Muslims take from military infidels by force and oppression, and Fay’ is what Muslims take from military infidels without fighting). Is a citizen considered a military infidel? All terrorist takfiri organizations are based on the doctrinal rule formulated by the princes of blood, which stipulates that “fighting apostates takes priority over fighting real infidels” and “fighting the closest enemy takes priority on fighting the furthest enemy” as a hateful distortion of the dignified Quranic verse: (O you who believe! Fight those of the disbelievers who are close to you). When control is tightened on the financial sources of terrorist organizations in the context of the war on terrorism, these groups resort to applying istehlal on drug trafficking, robbery, smuggling and counterfeiting currency. Taliban, for example, oversees drug cultivation and trafficking; other terrorist groups in Morocco, Algeria and elsewhere do the same. So, is the principle of istehlal, Ghaneeah, and Fay’ consistent with international conventions and the culture of human rights?

Giving life to such principles/beliefs would certainly not only violate the sanctity of citizens and their properties, but it will even destabilize nations and spread discord. Humanity had broken up with historical covenants that produced such rules that allow shedding blood and violating honor and property, to embrace laws, charters, covenants and values that respect and maintain human rights. Therefore, it’s a religious, national and humanitarian duty to stop these terrorist organizations and protect citizens from their dangers before seeing our societies turn into rivers of blood and piles of carnage.