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The Action Waged by Saddam is A Sinful Aggression
Page 95
There is no doubt that the invasion of the State of Kuwait, committed by the Iraqi leader, and the following consequences of bloodshed, usurping properties, and violating honor form a sinful aggression, a grave crime, and an abhorrent Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect). He should repent to Allah (Exalted be He) and hasten to pull his army from Kuwait, because this incursion and invasion is an unacceptable act that contradicts Shari`ah, conventions, and all treaties signed with Arab leaders at the Arab League.
He should solve the problems with peaceful means and negotiations. If this does not work, then he should refer the issue to a Shari`ah court, not a court of law. All disputes arising between countries, individuals, and tribes should be referred to Shari`ah judgment by forming Shar`i court comprising of true Muslim scholars and followers of the Sunnah who can issue their judgment concerning the subject of dispute between Muslims, whether being from two different countries or tribes or are two individuals. Really, this act committed by Saddam against Kuwait is an act of aggression. He must repent of this act and stop it. Returning to the right is a virtue and right. It is better than persisting in vice and error. A statement has been issued by the Council of Senior Scholars, am a member therein, of the Kingdom of Saudi Arabia to display the wrong of this act and describing it as aggression, crime and treachery. It became clear through the statement of the scholars of the Council that there is no harm in Muslim and Arab armies to seek help from disbelievers to ward off the aggression of any aggressor and defend Muslim countries as well as the sanctity of Islam and Muslims.
Concerning the rumors about Al­Haramayn Al­Sharifayn, they are ­ praise be to Allah ­ in safety from the Iraqi leader
or others. They are safe thanks to Allah. The point is that Saudi Arabia had to ask for the help of multinational armies, among which were the United States. This was just to cooperate with the Saudi forces to defend the country, Islam, and Muslims. There is no harm in doing so, because this is a way of seeking help to ward off oppression and to save and protect the country from the evils of wicked people and the oppression and aggression of tyrants and aggressors. There is no harm in doing so as stated clearly by the scholars. Regarding what has been rumored by some Muslim minorities who believed the claims of Saddam and his lies about the U.S. imperial interference with the affairs and sanctities of Muslims, to the end of other false rumors; actually this is a fatal misconception rumored by the party of Saddam, which is a nationalistic, not an Islamic party. Even if such people were Muslims, it is obligatory to deter them from transgression even by seeking the help of some unbelievers, particularly when proposing peaceful means to ward off evil and protect the country. The Messenger (peace be upon him) sought the help of Safwan Ibn Umayyah at the battle of Hunayn to fight against the people of Al­Ta'if. Accordingly, seeking help from unbelievers against transgressors is permissible. What is impermissible is to support the unbelievers against Muslims. As for this situation, it is a protection of Muslims and their countries from outlaws, aggressors, and unbelievers. There is a difference between the two situations: if one supports unbelievers against Muslims, this means apostasy, which is impermissible and Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect). In the current case of the Kingdom of Saudi Arabia, which has sought the help of unbelievers to deter and prevent the aggressor ­ whether a disbeliever or a believer ­ from entering the country and violating the sanctities of Islam, this is a required and necessary matter because this is for protecting Muslims from whoever may harm them, whether being a disbeliever or a believer. It is obligatory upon the Iraqi leader to repent to Allah, give up the false opinions he adopts, abandon the party of (Al­Shaitan) Satan, commit himself to Islam, rule by it, and oblige Iraqi people to abide by it. We supplicate to Allah to grant him guidance.
In answering a question directed by Al­Jazeera TV channel on the possibility of establishing an international Shar`i (complying with Shari`ah) court to solve disputes amongst countries, His Eminence said:
"All Muslim and Arab countries should solve their problems through Shar`i means at Shar`i courts in every country. There should be another international court to judge among countries. The Muslim countries should have Shar`i courts because Allah (Glorified and Exalted be He) says: And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge). Allah (Glorified and Exalted be He) also says: (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) Allah (Glorified and Exalted be He) also says: But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission. Thus, if two or more countries dispute it is obligatory on Muslim scholars to judge between them according to the ruling of Shari`ah. Scholars should do so in light of the Book of Allah and Sunnah, apart from man­made laws or viewpoints of men. Rather, this should be according to the Shari`ah of Allah."