Shari`ah Stance on the Iraqi Invasion of Kuwait

Shari`ah Stance
on the Iraqi Invasion of Kuwait

In the name of Allah, the Most Gracious, the Most Merciful.
All Praise is due to Allah the Lord of all the Worlds. The best outcome is for the pious and there will be no aggression except against the oppressors. Peace and blessings be upon His servant, Messenger, close one, trustee for His revelation, our Imam and Master; Muhammad ibn `Abdullah, his family, his Companions and those who follow his path and his Sunnah.
To commence: Dear Muslim brothers all over the world, in the wake of the events that took place on the 11th of Al-Muharram, 1411 A.H.; the open aggression and sinful actions committed by the president of Iraq against Kuwait when his army invaded Kuwait with all kinds of destructive weapons and then what happened because of this great corruption such as blood-shedding, looting money, dishonoring and the dislocation of civil people,
questions were frequently asked about what should be done in this regard. It is my duty to inform Muslims about the ruling on this action and what a Muslim should do in this regard.
No doubt, this action is terrible and a manifest aggression against a neighboring secure country. It is obligatory on all Muslim and non-Muslim countries as well as all Muslims to deny and denounce such actions and explain how sinful aggression and oppression are!
It is obligatory on the president of Iraq to withdraw his army from Kuwait and beware of the consequences of aggression in this world and in the Hereafter, because oppression leads to a bad end. Allah (Glorified and Exalted be He) says in His Book: And the Zâlimûn (polytheists and wrong-doers) will have neither a Walî (protector or guardian) nor a helper. Allah (may He be Praised and Glorified) says: And whoever among you does wrong (i.e. sets up rivals to Allâh), We shall make him taste a great torment. The Prophet (peace be upon him) says: Be on your guard against committing oppression, for oppression is a darkness on the Day of Recompnese.
(Part No. 6; Page No. 76)
The Prophet (peace be upon him) reported that Allah (Glorified and Exalted be He) says: O My servants, I have made injustice unlawful for Me and made it unlawful for you, so do not wrong one another.
There is no doubt that this aggression is one of ugliest types of oppressions. It is against the teachings of Islamic Shari`ah and against the international conventions which demand a quick and just punishment for the doer. Problems that erupt between neighbors, tribes and countries can not be solved through injustice and aggression but through diplomatic channels, compromise or legal arbitration. As for solving them through injustice, aggression, weapons, killing of innocents, looting money and other types of corruption, this is not sustained by Shari`ah, international treaties, or customs but is against them.
It is obligatory on Muslim and non-Muslim countries; Arabs and non-Arabs to denounce it – which has already happened – and the whole world unanimously agreed on denouncing it. No doubt, it is worthy of denouncing. So, it is obligatory on Iraq to withdraw its army from Kuwait, hasten in doing this, stop this serious problem, and solve the problem between it and Kuwait in diplomatic channels which are declared by Islam. Muslims are to be accustomed to the diplomatic channels as well as everyone with deep insight and desire to know the truth and justice.
This issue is the same as all other problems that take place among people whether between countries, tribes or others. They must be solved through peaceful means and it is prohibited to be solved through injustice and aggression. Peace-making among Muslims is permissible as Allah (Glorified and Exalted be He) says: …and making peace is better. It is reported in the authentic Hadith that the Prophet (peace be upon him) said: Peace-making between Muslims is permissible except the peace-making that makes lawful as unlawful and unlawful as lawful. When peace-making that does not contradict the Shari`ah is easy and justice is ascertained, it is permissible. However, when it is not easy, we must resort to the Arbitration of Allah as He says in the Qur’an: O you who believe! Obey Allâh and obey the Messenger (Muhammad صلى الله عليه وسلم), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (صلى الله عليه وسلم), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
(Part No. 6; Page No. 77)
Scholars agreed that referring issues to Allah means to resort to the Book of Allah and referring to the Prophet (peace be upon him) means to resort to him during his lifetime and to his authentic reported Sunnah after his death; this is better for Muslims and also leads to a good end; which is the duty on those who believe in Allah and the Last Day. Allah (Glorified and Exalted be He) says: And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge). This is general in all problems, which erupt between countries and peoples. Allah (may He be Praised and Glorified) says: But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between themAllah (Glorified be He) also says: Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith. So, it is obligatory on all countries, groups, tribes and Muslims to resort to Allah in arbitration regarding the issues in which they differ and to beware of aggression, injustice and to solve the problems which erupt among them through peaceful means and reasonable good mediation. In case it is not easy to do so, they must resort to Islamic arbitration not to aggression and injustice. The problem between Kuwait and Iraq must be solved through a Shar`y court composed of scholars who are known for their good knowledge, virtue and integrity to solve it according to the Book of Allah and the Sunnah of the Prophet (peace be upon him) in case peace-making is impossible. Thus, we can solve all these problems which occur and take place in the Muslim or Arab countries through reconciliation if it is easy without resorting to aggression and injustice. There is no doubt that corruption, evil and injustice that take place among people are natural results of crimes and sins, as Allah (Glorified and Exalted be He) says in His Book: And whatever of misfortune befalls you, it is because of what your hands have earned. And He pardons much. (See the Qur’ân Verse 35:45).
(Part No. 6; Page No. 78)
Allah (Glorified be He) also says: Whatever of good reaches you, is from Allâh, but whatever of evil befalls you, is from yourself. Allah (Glorified and Exalted be He) says: Evil (sins and disobedience to Allâh) has appeared on land and sea because of what the hands of men have earned (by oppression and evil deeds), that He (Allâh) may make them taste a part of that which they have done, in order that they may return (by repenting to Allâh, and begging His Pardon).
It is obligatory on Muslims to repent to Allah of all sins by regretting the past sins, stop doing them in the meantime and to have sincere intentions not to repeat them in future. This is the meaning of sincere repentance. When the sin involves the rights of people, a person must ask the forgiveness of the oppressed ones and give them back their rights because repentance will not be complete except by doing this. Allah (may He be Praised and Glorified) says: And all of you beg Allâh to forgive you all, O believers, that you may be successful There is great success and victory in repentance and safety from all evils of the world and of the Hereafter. Allah (He may be Praised) says: The Prophet (peace be upon him) says: O you who believe! Turn to Allâh with sincere repentance! It may be that your Lord will expiate from you your sins, and admit you into Gardens under which rivers flow (Paradise) The Prophet (may Allah’s Peace and Blessings be upon him) also says: He who repents from his sins is like the one who did not commit a sin.
Muslims must observe their actions before Allah, stick to the religion, hasten to do what has been ordained on them and avoid what was prohibited, exchange advice, cooperate in good and piety, advise one another to do what is right and observe patience according to Allah’s saying: By Al-‘Asr (the time). Verily, man is in loss, Except those who believe (in Islâmic Monotheism) and do righteous good deeds, and recommend one another to the truth [i.e. order one another to perform all kinds of good deeds (Al-Ma‘ruf) which Allâh has ordained, and abstain from all kinds of sins and evil deeds (Al-Munkar which Allâh has forbidden], and recommend one another to patience (for the sufferings, harms, and injuries which one may encounter in Allâh’s Cause during preaching His religion of Islâmic Monotheism or Jihâd). The Prophet (may Allah’s Peace and Blessings be upon him) also says: The similitude of believers in regard to mutual love, affection and empathy is that of one body; when any limb of it aches, the whole body aches, due to sleeplessness and fever. The Prophet (may Allah’s Peace and Blessings be upon him) also says: A faithful believer to a faithful believer is like the bricks of a wall, enforcing each other.” While saying so the Prophet (peace be upon him) clasped his hands, by interlacing his fingers.
(Part No. 6; Page No. 79)
Exchanging advice for Allah’s sake and commending one another for the right cause is one of the most important issues and great duties in the rights of individuals, groups and people.
The president of Iraq must repent to Allah, hasten to return to Him, seek His forgiveness of this manifest injustice and hasten to withdraw his army from Kuwait in order to avoid turmoil, set things back to their first positions, and reach a compromise to the problem that I mentioned. This is the opinion of all scholars without disagreement among them that all problems that erupt between countries, groups, tribes and individuals must be solved through the Shar`y means if it is impossible to solve them through the diplomatic channels, which do not go against the Shari`ah.
As for the measures which the Saudi Arabian government has taken as a result of these actions of aggression of the president of Iraq such as seeking the help of multi-forces from different nationalities including Muslims and others to stop the aggression and defend the country, this is permissible. It is rather obligatory to do so and the Kingdom must play its role in defending Islam and Muslims as well as the sanctity of this country and its people. The kingdom is free of guilt and thanked for its initiation in order to protect the country against evil and its doers and to defend the country against expected aggression which the President of Iraq may wage because he is not to be trusted after what he has done in Kuwait and his betrayal is expected.
It is thus necessary and mandatory to take caution and seek the help of Multi-forces from different nations to protect the country and its people, preserve security and protect the country and people from all evil.
We ask Allah to reward the government for this, guide it to all good, make the measures fruitful, make our final end good, suppress all evils, occupy the evil doers with themselves, reverse the cunning of enemies onto themselves and protect Muslims from their evil for He is the Best to be asked. I ask Allah (Glorified and Exalted be He) to reform Muslims’ conditions, guide them to the straight path, suppress their enemies, occupy the enemies with themselves and protect Muslims
(Part No. 6; Page No. 80)
against their evils. We supplicate to Allah to bring about benefits as a result of the measures that the government has taken, bless its efforts and guide its steps and make its end, as well as the end of all Muslims, good. We ask Him to guide them to the straight path, to suppress every enemy of Islam and Muslims, occupy the enemies with themselves and protect Muslims against their evil for He is the Most Generous. May peace and blessings be upon our Prophet Muhammad, his family, Companions, and those who follow him with good!