FATWA CONCERNING THE TERRORISM ACT 2000
Fatwa Released - 19th January 2001

Question: I am a Muslim who has been living with my family in the UK for over 15 years, I have British citizenship but I've always had problems with my allegiance to the Queen and her government, especially when the British law states something contradictory to my religious duties like supporting my Muslim brothers and sisters and the Mujahideen in Palestine, Kashmir, Chechnya and around the world, and like obeying the law of the land in Britain. Are we obliged to abide by the law even if it may effect our belief, especially with the new Terrorism Act, how can we Muslims maintain our brotherhood with Muslims worldwide and support their Jihad e.g. in Palestine, Kashmir etc.. without being considered criminals? What about if the Home secretary declares some Muslims or Muslim groups as proscribed organisations, should we obey or disobey the law or should we migrate to other countries or what?

Answer: There is no doubt that abiding by the Shari'ah i.e. the divine rules is obligatory upon Muslims, and the Shari'ah is the only basis which can define the criteria of all laws, sayings and actions in life. The divine evidence for this from the Qur'an is that Allah (swt) says:

The above ayah clearly states that sovereignty is for none but Allah (SWT) and that the believers are obliged to worship, follow, submit and obey Him alone by following nothing but His commands in all spheres of life whether ritual, personal, ruling, social, economic or in international affairs.

And God makes it clear that none of His servants, believers or disbelievers is allowed to disagree or to be dissatisfied with His commands or decisions by His saying:

"The command is for none but Allah and no one can say otherwise." [EMQ13 :41].

Further, Allah (SWT) states:

"It is not allowed for a believer, male or female, if Allah and His messenger decide a matter to have any say." [EMQ33 :36].

From the above verses it is clear that a Muslim has no choice but to abide by the command of God and to reject the commands of man. Under no circumstances can he accept the legislation of man nor can he participate in or promote man's law because Allah (SWT) says:

"Obey Allah, Obey the messenger and those (Muslims) in legitimate authority above you and If you face any dispute, problem or issue among yourselves refer it to God and His Messenger if you claim you are a believer." [EMQ 4:59].

Hence, Man-made law is not divine law i.e. not Allah (swt)'s law regardless as to whether it matches with it or not, therefore it is prohibited to obey and contradicts a Muslims belief if it is obeyed. The divine evidence for this from the Qur'an is that Allah (swt) says:

"Do not obey the disbelievers (non-Muslims) and the hypocrites, reject their corruption and depend on Allah" [EMQ33 :48].

The Terrorism Act2000 :

As for the new law of Terrorism it should not effect the Muslims since the Muslim Community is a peaceful community who are anti-terrorism, anti-racism, anti-discrimination in all its shapes and forms and above all pro-life which can be seen from Muslims propagating anti-abortion and pro-morale values. In addition Muslims are pro-marriage, anti-fornication, anti-adultery, anti-pornography and anti-all acts of perversions.

However, Muslims must be concerned with the new law due to the reality of a long history of hostility against Muslims lead by the British government in the past; for example the British empire conspired against the Ottomani Khilafah i.e. The Islamic state until they destroyed it on the 3rd of March 1924. Not to mention the fact that the British government gave away what she had not right to give away i.e. a piece of Muslim land known as Palestine to foreign Jews, who also had no right to it, creating thereby a cancer in the heart of Muslim countries i.e. the pirate, terrorist state of Israel. Moreover the British have stood with the USA against Muslims in Bosnia, Iraq, Kashmir, Afghanistan and Sudan.

In addition, having studied the Terrorism Act 2000 and having listened to the concerns of Muslims and various experts in English law and Terrorism legislation and bearing in mind a decade of hostility from the Western governments in particular the US, British and French against Islam, Muslims and Muslim countries and the discrimination suffered by the indigenous Muslim population in the UK I have concluded that the Act is legalising constitutional terrorism. Such State terrorism has already been committed by the American and British governments against Muslims around the world.

Muslim duties must not be effected by the new law of terrorism, whether it permits or forbids them from doing activities or from doing any action because the fact of the matter is that Muslims abide in all actions verbal or physical by the command of Allah (SWT) or his final Messenger Muhammad (saw) and no man made law must effect the brotherhood and relationship between Muslims globally because it is a basis or cornerstone of their belief.

It is worth mentioning here that the divine definition of Terrorism according to the divine text is: [ 'Any Violation of the sanctity of mankind physically, verbally, financially or in any other way without a divine permit from God'].

The sanctity of man consists of the sanctity of his life, honour, wealth, religion and mind and that for which Allah (SWT) asks us to punish someone due to a crime committed as defined by Allah (SWT) e.g. terrorising people, burning crops, polluting water, exploitation of resources, murdering or terrifying human beings whether men, women or children, black or white, Muslims or non-Muslims...etc. As for the divine permit to violate man's sanctity applies to those who violate what Allah (swt) has defined as sanctity for mankind. Therefore, nobody has the right to legislate a system of punishment expect if he abides by the commands of God and implements the punishment which God has prescribed for the crimes defined by God. For Allah (swt) is the only legislator.

Warning: Despite the fact that Muslims condemn any terrorist activities in any part of the world, the fact of the matter is that Muslims are obliged to support their Muslim brothers and sisters abroad who are resisting dictatorial regimes, aggression and occupiers such as to support the Mujahideen and freedom fighters like Hamas, Hizbullah etc...even if they are labelled as terrorists by the British government such as HAMAS, Hizbullah, Harakatul-Jihad in Kashmir etc... Therefore if the new law of terrorism does not distinguish between terrorists and Mujahideen or between terrorism and Jihad and starts to label Muslims in the UK as terrorists, terrifying them, arresting them and entering their houses without their permission, we will be left without any choice but to defend ourselves by all means Islam has permitted for us, and it may push Muslims underground which will create a hostile relationship and force Muslims to enter a war they did not ask for with the possibility that Bosnia may repeat itself once again.

Proscribed Organisation:

We would like Muslims to understand that the new law of terrorism conflicts with many religious principles in Islam, without which a Muslim could become an apostate: such as Islamic Brotherhood and Al-Walaa & Al-Baraa, not to mention that the new law will impose in Muslims a legal duty to boycott sincere Muslims who the British government has ostracized as members or supporters of proscribed organisation(s).

a) Islamic Brotherhood:

Muslims do not tolerate terrorists, racists, aggressors or occupiers, however Islam nevertheless forbids a Muslim to boycott, betray, report to the police or let a Muslim down even if the British government describes him as a member or supporter of a proscribed organisation, because the bond of the Islamic belief and its basis is the Islamic brotherhood, it is a sacred matter and whoever violates it becomes sinful and it may even lead to apostasy. Allah (swt) says:

"The Muslims are but a single brotherhood". [EMQ49 :10].

And the Messenger Muhammad (swt) said: 'support your Muslim brother whether he is an oppressor or oppressed' when asked: 'O messenger of God verily we will support him if he is oppressed by how we could support if he is an oppressor?' The messenger (saw) replied: "by preventing him from his oppression" (as opposed to standing with non-Muslims against him/her!). Therefore the Islamic brotherhood must not be affected by the intimidation of a man-made government under the pretext of a "Terrorism Act", and Muslims must resist it.

b) Al-Walaa & Al-Baraa:

The Meaning of Al-Walaa in Arabic:

To love, support, help, friendship, protect, accompany, follow, alliance etc. and it is the direct opposite of Al-Baraa

The Jusritic Definition of Al-Walaa:

The total agreeement with everything and beliefs, living beings, sayings, thoughts or deeds that Allah (swt) likes, commands and praises.

The Meaning of Al-Baraa in Arabic:

To Despise, desert, keep innocent of, keep free of, keep distance from...etc. and is the direct opposite of Al-Walaa

The Jusritic Definition of Al-Baraa:

The total disagreement with everything and beliefs, living beings, sayings, thoughts or deeds that Allah (swt) hates, forbids and condemns.

* Al-Walaa wa Al-Baraa is the strongest bond of belief. It is Reported by Imam Ahmad upon the authority of Al-Barra' bin A'aazeb (raa) that the Messenger Muhammad (saw) said: "The strongest bond of Iman is the love for Allah's sake and the hatred for Allah's sake" . And it is reported by Al-Bukhari that the Messenger Muhammad (saw) said: "None of you will have faith until he likes for his (Muslim) brother what he likes for himself". It is the most powerful tie or relationship that links people together. Allah (swt) has given it precedence and priority over all other types of ties by asserting:

"Say: If your fathers, your sons, your brothers, your wives, your kindred, the wealth that you have gained, the commerce in which you fear a decline, and the dwellings in which you delight ... are dearer to you than Allah and His Messenger, and striving hard and fighting in His Cause, then wait until Allah brings about His Decision (torment). And Allah guides not the people who are Fasiqun (the rebellious, disobedient to Allah)" [EMQ9 :24].

It is by the means of the creed of Al-Walaa wa Al-Baraa that Allah (SWT) grants His Walayah (protection, power, authority and kingdom). Ibn Jareer reports the saying of Ibn Abbas (raa): "He who loves for Allah's sake and hates for Allah's sake, he who gives Muwalat (support, help, etc.) for Allah's sake and exhibits enmity for Allah's sake, will attain Allah's Walayah". The relationship of Al-Walaa wa Al-Baraa will be the only one to remain on the Day of Reckoning as foretold by Allah the All-Knowing:

"When those who were followed, disown (declare themselves innocent of) those who followed (them), and they see the torment, then all their relations will be cut off from them" [EMQ2 :166].

He who loves other than Allah (SWT) and his religion and hates Him (SWT), his religion or followers are definite disbelievers,

"And if any amongst you takes them (non-Muslims) as Awliya', then surely he is one of them" [EMQ5 :51].

Muslims are obliged to support and help Muslims wherever they are whether this help be verbal, financial or physical, in all matters of Deen and Dunia. Allah (SWT) Says:

".. but if they seek your help in religion, it is your duty to help them except against a people with whom you have a treaty of mutual alliance." [EMQ8 :72].

And The Prophet (saw) said: "The believers in their mutual love, are like the human body where when the eye is in agony, the entire body feels the pain; when the head aches, all the body will suffer." [Muslim].

c) Boycotting each other:

The new law of Terrorism may lead Muslims to boycott other Muslims because they are supporting the Mujahideen (freedom fighters). In response to this we quote the Messenger Muhammad (saw) who said: "Do not hate each other and do not envy one another, and do not turn your back on each other. Servants of Allah, be always brothers. It is not lawful for anyone to boycott his brother for over three nights. They may meet and each of them turns his face away. The one who is first to greet the other is the better one of the two of them. "

This Hadith shows how much importance Islam attaches to the brotherhood of Muslims and how it discourages any action that tends to weaken the bond of his brotherhood.

In conclusion, verily those sincere Muslims who have the vision to change the British society in which they live, through intellectual and political activities and means, and those who support the struggle to liberate Muslim land whether verbally, financially or physically will face hostility from the British establishment. Therefore we call upon Muslims to stand together and defend each other and continue supporting their brothers and sisters abroad.

Sheikh Omar Bakri Muhammad

Judge of the Shari'ah Court of the UK

References:
1- The Book Of God "Al-Quran"
2- Book of Saheeh Bukhari,
3- Book of Saheeh Muslim,
4- Book of Sunnan Al-Tirmizi
5- Book of Sunnan Abu Daoud
6- Book of Sunnan Al-Nasaaei
7- Book of Al-Fatawa for Sheikh-ul-Islam Ibn Tayimiyyah
8- Book of Al-Mabsout for Imaam Surkhusi
9- Book of Al-Mughnie for Imaam Al-Maqdisi