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Shari`ah Stance on the Iraqi Invasion of Kuwait
Page 52
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 Al­Muharram, 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 blood­shedding, 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 non­Muslim 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.
And the Zâlimûn (polytheists and wrong­doers) will have neither a Walî (protector or guardian) nor a helper.
And whoever among you does wrong (i.e. sets up rivals to Allâh), We shall make him taste a great torment.
Be on your guard against committing oppression, for oppression is a darkness on the Day of Recompnese.
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.
It is obligatory on Muslim and non­Muslim countries; Arabs and non­Arabs 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.
and making peace is better.
Peace­making between Muslims is permissible except the peace­making that makes lawful as unlawful and unlawful as lawful.
O you who believe! Obey Allâh and obey the Messenger (Muhammad ﺻﻠﻰ ﺍﷲ 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 ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
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.
And in whatsoever you differ, the