Palestine 4 Concerning the Peace Treaty
[The Following questions and answers are taken from at-Tawheed magazine (vol. 23; no. 10), which were a further clarification by the noble Shaykh 'Abdul-'Azeez ibn Baaz (hafitha-hullaah) about the original set of questions concerning the Peace Treaty with the Jews, which first occurred in al-Muslimoon magazine (21st Rajab 1415H)]
Editor's introduction
The main purpose for presenting this particular fatwa (legal ruling) of Shaykh 'Abdul-'Azeez ibn Baaz (hafitha-hullaah) is to show precisely what was said by him concerning this issue, and the principles upon which the fataawa was based - remembering: that if the ijtihaad of the Shaykh is correct, then he is rewarded two-fold from Allaah, and if he has erred, then he has a single reward - as he (sal-Allaahu `alayhe wa sallam) said:
«When a judge judges and strives and is correct, then he has two rewards. If he judges and strives and errs, then he has a single reward», [al-Bukhaaree (13/318) and Muslim (no.1716)]
The text of the questions and answers
Question: Some people have understood from your answer to the question about the peace with the Jews - and it was the first question in the discussion - that a peace treaty or truce with the Jews, who have seized land and committed oppression, is unrestrictedly permissible; and that it means we may have love and affection for the Jews. It also means that we may not include anything which will cause hatred for them, or dissociation from them, in the educational curriculum in the Islamic lands, nor in sources of information - claiming that peace with them means this, and that after the peace treaty they are no longer enemies whom we believe to be our enemies, and because the world today lives in a state of harmony between nations and of peaceful co-existence - therefore it is not allowed to spread religious hatred between the nations. So we hope that you will clarify this matter.
Response: The reply is: that a peace treaty with the Jews, or with other kuffaar (disbelievers), does not mean having love for them, nor taking them as friends and allies. Rather it means only peace between the two sides and that each of them will not harm the other, and other things such as buying and selling and exchanging ambassadors; and other dealings which do not mean love for the kuffaar or taking them as friends and allies.
And the Prophet (sal-Allaahu `alayhe wa sallam) established a peace treaty with the people of Makkah; and that did not mean that they loved them or took them as friends and allies, rather the enmity and hatred remained between them until Allaah made easy the conquest of Makkah in the year of conquest - and the people entered Allaah's religion in crowds.
Likewise the Prophet (sal-Allaahu `alayhe wa sallam) established a peace treaty with the Jews of Madeenah when he emigrated to Madeenah - and it was not restricted by any time limit. So this did not necessitate love of them, nor affection for them. Rather, he (sal-Allaahu `alayhe wa sallam) used to have dealings with them, speaking to them, calling them to Allaah and encouraging them to enter Islam.
Furthermore, when he (sal-Allaahu `alayhe wa sallam) died, his armour was held in pledge by a Jew for some food which he bought for his family. Then when the tribe of an-Nadheer acted treacherously he (sal-Allaahu `alayhe wa sallam) banished them from Madeenah.
And when Quraydhah broke their treaty; supporting the Unbelievers of Makkah on the Day of al-Ahzaab in fighting against the Prophet (sal-Allaahu `alayhe wa sallam) - then the Prophet (sal-Allaahu `alayhe wa sallam) fought them, killing the combatants from them and taking their women and children captive - after Sa'd Ibn Mu'aadh - radiyallaahu 'anhu - was appointed judge in their matter and gave that judgement. The Prophet (sal-Allaahu `alayhe wa sallam) informed that his judgement had indeed agreed with the judgement of Allaah from above the seven heavens. Likewise was the case with the Muslims from the Companions and those who came after them, it occurred many times that peace treaties were established between them and the kuffaar - Christians and others - but that never meant that they had affection, love or friendship with them, as He - the Most Perfect - says:
{Indeed, you will find the strongest amongst people in enmity to the Believers to be the Jews and the polytheists}, [Soorah al-Maa.idah, Aayah 82]
He - the Most Perfect -- says:
{Indeed, there is for you an excellent example in Ibraaheem, and those with him; when they said to their people: Verily we are free from you and what you worship besides Allaah. We have rejected you, and there has started between us and yourselves enmity and hatred forever - unless you truly have eemaan (faith) in Allaah and worship Him alone}, [Soorah al-Mumtahinah, Aayah 4]
And He - the Most Perfect -- says:
{O you who Believe! Do not take the Jews and Christians as intimate friends and protectors, they are but intimate friends and protectors to each other. And whosoever turns to them for this, is surely one of them. Indeed Allaah does not guide a people who are wrong-doers}, [Soorah al-Maa.idah, Aayah 51]
And He - the Mighty and Majestic - says:
{You will not find any people who believe in Allaah and the Last Day loving those who oppose Allaah and His Messenger, even though they be their fathers, their sons, their brothers or their relatives}, [Soorah al-Mujaadilah, Aayah 22]
And the aayaat with this meaning are many.
The fact that a peace treaty with the kuffaar - be they Jews or other than them - if it is called in order to attain benefit or because of need, then this does not mean affection or love for them, nor friendship and allegiance with them. Thus, when (sal-Allaahu `alayhe wa sallam) conquered Khaybar, he established a peace treaty with the Jews of Khaybar on the basis that they would take care of the palm trees and crops belonging to the Muslims and half the produce would then be for them and the other half for the Muslims. So they continued upon that in Khaybar and he (sal-Allaahu `alayhe wa sallam) did not lay down any time limit, rather he (sal-Allaahu `alayhe wa sallam) said:
«We will leave you upon that for as long as we wish»
...and in another narration:
«We will leave you upon it for as long as Allaah leaves you upon it»
So they continued upon this until 'Umar - radiyallaahu 'anhu - banished them.
And it is related that 'Abdullaah Ibn Rawaahah - radiyallaahu 'anhu - that when he estimated the amount due to them for one year, they said: You have estimated unjustly. So he - radiyallaahu 'anhu - said:
"By Allaah! My hatred for you and my love for the Muslims does not lead me to treat you unjustly. So if you wish you may take the share that I have estimated for you, and if you wish then we will take that share''
[Compare this with the saying of Hasan al-Bannaa - as occurs in at-Tareeq ilal-Jamaa'atil-Umm (p. l32) - that he said at a party gathering: "The movement of al-Ikhwaan is not directed against any 'aqeedah (beliefs) from the differing 'aqeedahs, nor any religion from the various religions, nor any of the differing groups and parties. Al-Ikhwaanul-Muslimoon do not hate the foreigners (i.e. the non-Arabs) who settle in the Arabic and Islamic lands, and they do not hold any evil towards them - even the Jews who live in the land. Rather, there is nothing between us and them except good relations"]
So all of this shows that peace treaties and truces do not necessitate love, friendship and affection for the enemies of Allaah - as is thought by some of those who have little knowledge of the pure Sharee'ah rulings. Therefore, it will be clear to the questioner and others, that peace with the Jews - or other disbelievers - does not mean that we change educational curriculae, nor any other dealings relating to loving and friendship and allegiance - and it is Allaah who grants success.
Question: Does an unrestricted peace treaty with the enemy mean that we concede to them Palestine - the land of the Muslims which they have seized. And that it has now become a permanent land, by right, for the Jews due to the agreement made by the United Nations - which represent the nations of the earth. Then the United Nations will seek to punish any nation which tries to restore this land, or fight the Jews who are in it.
Response: The peace between the leader of the Muslims in Palestine and the Jews does not mean that the Jews will permanently own the lands which they now possess. Rather, it only means that they would be in possession of it for a period of time until either the truce comes to an end, or until the Muslims become strong enough to force them out of the Muslim lands - in the case of an unrestricted peace. Likewise, it is obligatory, when we have the ability, to fight the Jews until they enter into Islam or give the jizyah (a tax levied on those who are permitted to live under the protection of a Muslim state) in servility.
[However, it occurs in Hadeethul-Jareedur-Raayatil-Qatariyyah (no. 4696), that Yoosuf al-Qaradaawee - one of the leaders of the present-day modernist movement - said: ''Indeed we do not fight the Jews due to 'aqeedah, but rather because of land!'']
The same applies to the Christians and the Magians, as Allaah - the Most Perfect - says in Soorah at-Towbah, Aayah 29:
{Fight against those who do not believe in Allaah and the Last Day, nor forbid that which has been forbidden by Allaah and His Messenger, nor acknowledge Islam, the religion of truth, from amongst the People of the Book (i.e. the Jews and Christians), until they pay the jizyah with willing submission and feel themselves subdued}
It is also established in the Saheeh of al-Bukhaaree that he (sal-Allaahu `alayhe wa sallam) took the jizyah from the Magians. Therefore they have the same ruling as the Ahlul-Kitaab (the People of the Book) with regards only to the jizyah - if they do not accept Islam. However, as for the allowance of their food and their women, then that is particular only to Ahlul-Kitaab, as is stated in the text of the Book of Allaah - the Most Perfect - in Soorah al-Maa.idah, Aayah 55]. And al-Haafidh Ibn Katheer (d.771H) (rahima-hullaah) states what we have said relating to the peace treaty in tafseer (explanation) of the saying of Allaah - the Most High - in Soorah al-Anfaal, Aayah 61:
{But if they incline to peace, then you also incline to it, and put your trust in Allaah. Indeed He is the all-Hearer, the all-Knower}
Question: Is it permissible to build upon the peace treaty with the Jewish enemy by allowing them what is termed normalization of relations; and allowing them to take economic benefit from the Islamic lands and other spheres which will give them great benefit and increase their strength and establish them further upon the Islamic lands which they have misappropriated; and the Muslims can open their markets for them to sell their goods, and that they must open economic foundations - such as banks and businesses in which the Jews have a share along with the Muslims, and that they must likewise share the water sources such as the Nile and the Euphrates - even though they do not flow through Palestine?
Response: The peace between the Palestinian Liberation Organization and the Jews does not necessitate what the questioner mentioned with regards to the rest of the countries. Rather, each country sees what is beneficial So if it sees that it is beneficial for the Muslims in its land to have peace with the Jews and to exchange ambassadors and to engage in trade and other dealings which are considered lawful by the pure Sharee'ah of Allaah, then this is alright.
However, if it sees that the benefit for it and its people lies in cutting-off from the Jews, then it should act as the Sharee'ah requires and benefit necessitates Likewise, with regard to all the rest of the kaafir lands - their ruling being the same as the Jews in this matter.
So what is obligatory upon everyone who is in charge of the affairs of the Muslims -whether he is a king, and Ameer or a President of a Republic: - is that he takes care of what is beneficial to his people and allows what will be beneficial to them, from those matters which Allaah has not forbidden in His pure Sharee'ah, and that he prevents other than that with any kaafir state, acting upon the saying of Allaah - the Mighty and Majestic:
{Indeed, Allaah does command you to render back the trusts to those to whom they are due}, [Soorah al-Maa.idah, Aayah 58]
{So if they incline to peace, then you too incline to peace}, [Soorah al-Anfaal, Aayah 61]
And following also the example of the (sal-Allaahu `alayhe wa sallam) in the peace treaties he made with the people of Makkah, and the Jews in Madeenah and in Khaybar. And he (sal-Allaahu `alayhe wa sallam) said in an authentic hadeeth:
«Each one of you is a responsible guardian and each one of you will be asked about those he is responsible for. So the ruler over the people is a responsible guardian and will be questioned concerning those he is responsible for; and the man is the responsible guardian over the people of his house and will be questioned about those he is responsible for, and the woman is the responsible guardian in the house of her husband and will be questioned about those she is responsible for; and the slave is a responsible guardian over the wealth of his owner and will be questioned about his responsibility. Indeed, each of you is a responsible guardian and will be questioned about what he is responsible for», [al-Bukhaaree (13/100) and Muslim (no.1829]]
And Allaah - the Mighty and Majestic - says in His Noble Book:
{O you who Believe! Do not betray Allaah and His Messenger, nor knowingly betray those things that have been entrusted to you}, [Soorah al-Anfaal, Aayah 27]
So all of this is with regards to when one is unable to fight the disbelievers, or unable to make them give the jizyah, if they are from Ahlul-Kitaab. However, when one does have the power to fight jihaad against them, then what is required is to call them to enter into Islam, or be killed, or to pay the jizyah - if they are from its people. In this case it is not permissible to seek peace with them, nor to abandon fighting and the jizyah. Rather, seeking peace is allowed when there is a need or necessity; when you are unable to fight them or enforce the jizyah upon them - if they are from its people, as Allaah - the Most Perfect, the Most High - says in the aayah that has already preceded:
{Fight against those who do not believe in Allaah and the Last day, nor forbid that which has been forbidden by Allaah and His Messenger, nor acknowledge Islam, the religion of truth, from amongst the People of the Book (i.e. the Jews and Christians), until they pay the jizyah with willing submission and feel themselves subdued}, [Soorah at-Towbah, Aayah 29]
{And fight them on until there is no more fitnah and the Religion is made purely for Allaah}, [Soorah al-Anfaal, Aayah 39]
And the action of the Prophet (sal-Allaahu `alayhe wa sallam) with the People of Makkah on the day of Hudaybiyyah; and on the day of the Conquest; and also with the Jews when he came to Madeenah shows what we have said. We ask Allaah to guide the Muslims and to grant them every good; and that He puts their affairs in a good state, granting them knowledge and understanding of the Religion. And that He places the best of them in charge of them, correcting their leaders and helping them to fight jihaad against the enemies of Allaah in the way that is pleasing to Him. Indeed He is the One to grant that, and the One having full power over it. And may Allaah's praises and blessings be upon our Prophet Muhammad and upon his Family, Companions and followers.
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