Istishhad - Opinion of Scholars

Opinion of Scholars

Militant groups that carry out "martyrdom operations" believe their actions fulfill the obligation of jihad against the "oppressor" and have found support with some clerics. However, other Western and Muslim scholars of Islam have pointed out the clear violation of classical Islamic law.

For example, Bernard Lewis states, "At no time did the classical jurists offer any approval or legitimacy to what we nowadays call terrorism. Nor indeed is there any evidence of the use of terrorism as it is practiced nowadays," and "it is a pity" that people engaging in terrorist activities are not more knowledgeable of their own religion. Similarly, Noah Feldman writes that the Islamic reasoning of suicide attackers is not convincing as martyrdom in Islam typically refers to another person killing a Muslim warrior, not the warrior pushing "the button himself". In addition, "The killing of women and children has proved harder to explain away as a permissible exercise of jihad. This "illustrates the nature of the difficulty of reconciling suicide bombing with Islamic law."

In the setting of these contradictions with orthodox Islamic law and especially since recent suicide bombings against Western European countries and the United States, many Sunni and Shia Muslims have condemned suicide attacks and provided scholastic refutations of suicide bombings. Ihsanic Intelligence, a London-based Islamic think-tank, published their two-year study into suicide bombings in the name of Islam, titled The Hijacked Caravan, which concluded that,

"The technique of suicide bombing is anathema, antithetical and abhorrent to Sunni Islam. It is considered legally forbidden, constituting a reprehensible innovation in the Islamic tradition, morally an enormity of sin combining suicide and murder and theologically an act which has consequences of eternal damnation."

The Oxford-based Malaysian jurist, Shaykh Muhammad Afifi al-Akiti, issued his landmark fatwa on suicide bombing and targeting innocent civilians, titled 'Defending the Transgressed, by Censuring the Reckless against the Killing of Civilians', where he states suicide bombing in its most widespread form, is forbidden:

'If the attack involves a bomb placed on the body or placed so close to the bomber that when the bomber detonates it the bomber is certain to die, then the More Correct Position according to us is that it does constitute suicide. This is because the bomber, being also the Maqtul, is unquestionably the same Qatil = Qatil Nafsahu ."

In January 2006, one of Shia Islam's highest ranking marja clerics, Ayatollah al-Udhma Yousof al-Sanei decreed a fatwa against suicide bombing declaring it as a "terrorist act" and the Saudi grand mufti as well as other Sunni scholars similarly denounced suicide attacks regardless of their offensive or defensive characterization. Nevertheless, Islamist militant organisations (including Al-Qaeda, Hamas and Islamic Jihad) continue to argue that suicide operations are justified according to Islamic law, despite Islam's strict prohibition of suicide and murder. Irshad Manji, in a conversation with one leader of Islamic Jihad noted their ideology.

"What's the difference between suicide, which the Koran condemns, and martyrdom?" I asked. "Suicide," he replied, "is done out of despair. But remember: most of our martyrs today were very successful in their earthly lives." In short, there was a future to live for--and they detonated it anyway.

Another rationale provided for why istishhad is not against Islamic law is that the civilians caught in the crossfire "were destined to die". The Saudi exile Muhammad al-Massari explains that any civilian killed in an attack on the enemy "won't suffer … becomes a martyr himself." During the 2006 Israel-Hezbollah war, Hezbollah secretary-general Hassan Nasrallah "apologized" for an attack on Nazareth that killed two Israeli Arab children—but said the two children should be considered "martyrs." Further justifications have been given by conservative Iranian cleric Ayatollah Mohammad Taghi Mesbah Yazdi, "when protecting Islam and the Muslim community depends on martyrdom operations, it not only is allowed, but even is an obligation as many of the Shi'ah great scholars and Maraje', including Ayatullah Safi Golpayegani and Ayatullah Fazel Lankarani, have clearly announced in their fatwas." Ayatollah Ruhollah Khomeini of Iran showered those who performed martyrdom operations during the Iran–Iraq War and against Israel with accolades. Indeed, Sayyed Abbas al-Musawi, the second Secretary General of Hezbollah and student of Khomeini, created a supplication that became popular among the Hezbollah youths and fighters.

Other clerics have supported suicide attacks largely in connection with the Palestinian issue. Prominent Sunni cleric Yusuf al-Qaradawi has supported such attacks by Palestinians in perceived defense of their homeland as heroic and an act of resistance. Shiite Lebanese cleric Muhammad Husayn Fadlallah, the spiritual authority recognized by Hezbollah is reported to have similar views.

Sayed Mohammed Musawi, head of the World Islamic League in London, condemned the London bombings, but insisted

"There should be a clear distinction between the suicide bombing of those who are trying to defend themselves from occupiers, which is something different from those who kill civilians, which is a big crime."

In addition, a Pakistani government official has made statements supporting a suicide attack on a perceived enemy of Islam (i.e., Salman Rushdie). Following the knighting of Salman Rushdie, Muhammad Ijaz-ul-Haq, the acting religious affairs minister of Pakistan, made public statements justifying a suicide attack against the author.

There have been conflicting reports about the stand of Sheikh Muhammad Sayyid Tantawy, the top Egyptian cleric of Al-Azhar University, and the mufti of Egypt, Sheikh Dr. Ahmad Al Tayyeb. Shortly after 9/11 Sheikh Tantawy issued a statement opposing suicide attacks. However, a translation from Al Azhar website quotes him as supporting suicide attacks on Jews in Israel as part of the Palestinian struggle "to strike horror into the hearts of the enemies of Islam." Yet, in 2003 he was quoted again as saying "groups which carried out suicide bombings were the enemies of Islam," and that all suicide attacks were sinful including those against Israelis. His comments condemning all suicide attacks were echoed by Malaysian Prime Minister Dr Mahathir Mohammed and Lebanese cleric Husam Qaraqirah