Gaza’s Leading Islamic Scholar Issues Fatwa Condemning October 7 Attack

A leading Islamic scholar in Gaza has released an uncommon and impactful fatwa, denouncing the 7 October 2023 attack by Hamas on Israel, an event that initiated the destructive conflict in the Palestinian territory. Professor Dr. Salman al-Dayah, who previously served as dean of the Faculty of Sharia and Law at the Islamic University of Gaza, an institution associated with Hamas, is recognized as one of the most esteemed religious figures in the region. Consequently, his legal judgment holds considerable influence among Gaza’s population of two million, which is primarily Sunni Muslim. An Islamic legal ruling, known as a fatwa, is a non-binding pronouncement issued by a respected religious scholar, typically grounded in the Quran or the Sunnah—the collected sayings and practices of the Prophet Muhammad. Dr. Dayah’s fatwa, presented in a comprehensive six-page document, criticizes Hamas for what he describes as “violating Islamic principles governing jihad.” The term “jihad” translates to “struggle” in Arabic, and within Islam, it can refer either to an individual’s pursuit of spiritual betterment or to a military conflict against non-believers. Dr. Dayah further states: “If the pillars, causes, or conditions of jihad are not met, it must be avoided in order to avoid destroying people’s lives. This is something that is easy to guess for our country’s politicians, so the attack must have been avoided.” For Hamas, this fatwa constitutes an embarrassing and potentially detrimental criticism, especially given that the group frequently employs religious justifications for its assaults on Israel to secure backing from Arab and Muslim populations. The 7 October attack involved hundreds of Hamas gunmen from Gaza infiltrating southern Israel, resulting in approximately 1,200 deaths and 251 individuals being taken hostage. In response, Israel initiated a military operation aimed at dismantling Hamas, during which over 43,400 people have been killed in Gaza, according to figures from the Hamas-run health ministry. Dr. Dayah contends that the substantial civilian casualties in Gaza, coupled with the extensive destruction of civilian infrastructure and the ensuing humanitarian catastrophe that have occurred since the 7 October attack, demonstrate that the action directly contravened Islamic teachings. He asserts that Hamas has neglected its duties of “keeping fighters away from the homes of defenceless [Palestinian] civilians and their shelters, and providing security and safety as much as possible in the various aspects of life… security, economic, health, and education, and saving enough supplies for them.” Dr. Dayah references Quranic verses and the Sunnah, which establish stringent requirements for engaging in jihad, specifically highlighting the need to avoid actions that could elicit an excessive and disproportionate reaction from an adversary. His fatwa underscores that, under Islamic law, a military operation should not provoke a retaliation that surpasses the anticipated advantages of the initial action. He further emphasizes that Muslim leaders bear the responsibility to guarantee the safety and welfare of non-combatants, which includes supplying food, medicine, and shelter to individuals not participating in hostilities. “Human life is more precious to God than Mecca,” Dr. Dayah declares. His condemnation of the 7 October attack holds particular significance due to his profound influence in Gaza, where he is regarded as a pivotal religious personality and an outspoken critic of Islamist organizations, such as Hamas and Palestinian Islamic Jihad. His adherence to moderate Salafist principles positions him in direct disagreement with Hamas’s strategy of armed resistance and its connections to Shia-governed Iran. Salafists are fundamentalist adherents who aim to emulate the example set by the Prophet Muhammad and the initial generations of his followers. Dr. Dayah has consistently advocated for the formation of an Islamic caliphate that rigorously upholds Islamic law, in contrast to the political party-based structures promoted by Hamas and other factions. “Our role model is the Prophet Muhammad, who founded a nation and did not establish political parties that divide the nation. Therefore, parties in Islam are forbidden,” he stated during a sermon delivered at a mosque several years prior. Furthermore, he has denounced extremism, taking a stand against jihadist organizations such as Islamic State and al-Qaeda, and has utilized all available platforms to issue fatwas on a diverse array of social and political matters, encompassing commercial dealings, marital and divorce disputes, and the acceptable limits of political violence. This fatwa contributes to the intensifying internal discussion within Gaza and across the wider Arab world concerning the moral and legal ramifications of Hamas’s activities, and it is anticipated to exacerbate existing divisions within Palestinian society regarding the deployment of armed resistance in the continuing conflict with Israel. Sheikh Ashraf Ahmed, a student of Dr. Dayah who was compelled to evacuate his home in Gaza City last year and relocate to southern Gaza with his wife and nine children, informed the BBC: “Our scholar [Dr Dayah] refused to leave his home in northern Gaza despite the fears of Israeli air strikes. He chose to fulfil his religious duty by issuing his legal opinion on the attack.” Ahmed characterized the fatwa as the most potent legal pronouncement of a historical juncture. “It’s a deeply well researched document, reflecting Dayah’s commitment to Islamic jurisprudence,” he stated.