It is well established now that there are substantial disagreements between Hay'at Tahrir al-Sham (the dominant insurgent faction in northwest Syria that evolved out of al-Qa'ida-affiliate Jabhat al-Nusra and has now broken ties with al-Qa'ida) and the jihadist groups that are loyal to/closer to al-Qa'ida (e.g. Hurras al-Din). While many of the latter view Hay'at Tahrir al-Sham's methodology and policies as misguided, it would be more of a challenge to find someone among them going as far as to pronounce takfir on Hay'at Tahrir al-Sham (i.e. to declare the group to have apostasised from Islam).
There is, however, a jihadist trend in northwest Syria that does pronounce takfir on Hay'at Tahrir al-Sham though it is not aligned with the Islamic State. The most active intellectual writer for this trend is 'Khayal al-Manhaj' of the platform Ansar al-Furqan, which I interviewed last year. More recently I published a translation of a treatise by 'Khayal al-Manhaj' on going to fight in Azerbaijan. It should also be noted 'Khayal al-Manhaj' incites attacks against the Turkish presence in Idlib and its environs.
The biggest work of 'Khayal al-Manhaj' so far though is this lengthy study explaining the reasons why he characterises Hay'at Tahrir al-Sham as an 'apostate sect' (Arabic: ta'ifa murtadda). After explaining the reasons why Hay'at Tahrir al-Sham merits the characterisation of ta'ifa, the author explains various reasons why the group has fallen into apostasy, such as:
- Having included in its ranks in the past apostate groups and personalities such as the Nour al-Din al-Zinki Movement.
- Supporting apostates/disbelievers (e.g. the Turkish army and the faction 'Jaysh al-Nasr') against the Muslims (e.g. the jihadist rivals of Hay'at Tahrir al-Sham and Liwa al-Aqsa).
- Impeding the hudud punishments on flimsy pretexts (e.g. claiming lack of tamkin- 'enablement'- in the land) except for selective application of the Hiraba hadd punishment against true mujahideen.
- Imposing custom duties (makus) and other taxes that are forbidden in Islam.
- Not changing the educational curricula to remove subjects of kufr (disbelief).
- Supporting outcomes of international conferences and UN resolutions and processes regarding Syria.
Before the concluding sections, 'Khayal al-Manhaj' responds to those who denounce him and those like him as Kharijites and 'extremists,' saying that on the contrary, Hay'at Tahrir al-Sham merits the characterisation of Kharijites on multiple grounds. No doubt he has in mind those from the jihadist trends who might share many of his criticisms of Hay'at Tahrir al-Sham but believe pronouncing the group to be apostates is too extreme.
Finally, he argues that the soldiers of Hay'at Tahrir al-Sham merit the same ruling as the leaders of the group, since the precedents in the Qur'an and the Islamic literature show that the distinction is not made between the followed and the follower. The followers in the end cannot be individually assessed based on their creeds but must be dealt with as they appear outwardly (i.e. as members of an apostate sect), and if they had good intentions all along, they will be resurrected by God according to their intentions.
In short, 'Khayal al-Manhaj' urges people who are with Hay'at Tahrir al-Sham to abandon Hay'at Tahrir al-Sham while they still can and keep away from it. 'Khayal al-Manhaj' further urges those who have relatives in Hay'at Tahrir al-Sham to urge their relatives to abandon it, before the true monotheist mujahideen should gain power over them.
Below is the translation of the text in full. Note that the notes to the text of the piece are those of 'Khayal al-Manhaj.'
Knowledge Guide on the Apostasy of the Hay'at Tahrir al-Sham Sect
Written by Khayal al-Manhaj al-Shami
Ansar al-Furqan Platform
In the name of God, the Compassionate, the Merciful
Praise be to God who makes mighty Islam through His granting of victory, and lowers idolatry by His vanquishing, disposes with matters by His command, and increasing the bounties by thanks to Him. We praise Him and seek help in Him and seek guidance in Him and seek forgiveness in Him.
And we take refuge in God from the evils of our selves and the evils of our deeds. The one God guides, no one can mislead him, and the one He makes to go astray, you will not find for him a guiding trustee.
And I bear witness that there is no deity but God alone, true to His promise, making mighty Hissoldiers, and defeating the parties alone. There is nothing before Him or after Him. And I bear witness that Muhammad is His Servant and Messenger, sent by God with the guidance and the religion of truth, to make it supreme over all religion, even if the disbelievers hate it and even if the criminals hate it and even if the idolaters hate it and even if the falsifiers hate it. The Almighty has said: 'Oh you who have believed, fear God and say a right word. He will make right for you your deeds and forgive you for your sins and whoso obeys God and His Messenger, he attains a great reward.'[i]
So indeed the best hadith is the words of God Almighty, and the best guidance is the guidance of Muhammad, and the evil of affairs are their new contrivances, and every new contrivance is an innovation, and every innovation is error, and every error is in the fire. Oh God, Lord of Gabriel, Michael and Israfil, Creator of the Heavens and the Earth, Knower of the Unseen and Witness, You rule among Your servants in what they have disagreed. Guide us to the truth where there has been disagreement, by Your permission. Indeed You guide the one You will to a straight path.
Then as for what follows:
I saw what I saw in the recent fighting, from lack of Shari'i readiness of the youth, and the falsifiers' swindling of the youth, and the stumbling of the stumblers, and the dangling of the danglers, and the hesitation of the hesitaters, and the hindering of the hinderers through false and invalid pretexts.
Then there were the multiplicity of questions of the brothers concerning the details of the ruling on the renegade Hay'a.
And some doubts came, along with a few arbitrary desires, and weakness, fatigue and exhaustion entered int the hearts of the youth.
After all this, I considered I had to detail the conclusion I came to on the ruling on the renegade Hay'a, and to make clear the causes of its apostasy, and to clarify the rulings connected with them.
And when there has been the obligation of preaching upon the people of 'Ilm and those of high rank in it and those who have followers who obey them and listen to them, many of them have fallen short in the obligation of making clear, and have abandoned their youth to doubts and arbitrary whims coming at them from every direction. I have considered that the circle of obligation has broadened such that it has reached the likes of us.
And I do not fear to face God, and what I have made clear is what has been an obligation upon my right, despite the fact that I have written on that through various scattered articles, and lest the people should have a pretext against us, we have determined to gather what has become clear to us from the state of this renegade group through a simple knowledge guide that can be understood by the general mass of the Muslims.
And I remind the people of 'Ilm of the words of God (Almighty and Exalted is He): 'And when God takes the covenant of those who have been given the Book, you should make it clear to the people and not conceal it.'[ii]
And in so far as God has granted you ample bounties, God has granted you success and informed you. So fear Him and make clear the rulings of His religion to the Muslims.
'Those who convey the messages of God and fear Him and do not fear anyone except God and God has sufficed as reckoner.'[iii]
So do not fear the anger of the harassers, or the fact that the fools declare those who preach the truth to be fools, and do not fear the attack of those who attack the people that have preached what they profess to God (Almighty and Exalted is He). And let not the lie of the liars divert you, or the falsehood of the falsifiers.
For the fear of the people in the commands of God (Almighty and Exalted is he) is to be condemned, and the one who is afraid is to be condemned, as the Almighty and Exalted has said: 'So when it has been prescribed for them to fight, behold a group of them fear people as they fear God or, fear them even more.'[iv]
And striving to undertake the Shari'i commands, without fear of anyone except the Lord (Almighty and Exalted is He), is more elevated for man in this world and the Hereafter. For the Almighty and Exalted has said: 'And they fear their Lord and fear the evil of the reckoning'- up to His words: 'These people, for them is the outcome of the abode.'
So their Lord has commended them, and described them as the people of piety and justice and promised them gardens and bounties.
And conveying the rulings is an obligation with regards to every person of 'Ilm, as the Almighty and Exalted has said: 'Oh Messenger, convey what has been revealed to you from your Lord and if you do not do so, you have not conveyed His Message.'[v] And the Prophet (SAWS) has said: 'Indeed the 'ulama are the heirs of the prophets, and the prophets did not convey the inheritance of a dinar or a dirham, but rather they have conveyed the inheritance of 'Ilm, so whoso takes it, takes an abundant lot.'[vi]
And the 'Ilm that deserves to be described as the Prophetic legacy, is the 'Ilm with taking up of its consequences:
- Such as preaching it.
- Calling to it.
- Informing it.
- And harm for the sake of it.
- And bearing that in the path of God.
- And not caring for the troublemaking stirred up by the troublemakers.
- And making clear the rulings.
- And repelling the doubts.
- And exertion in repelling the arbitrary desires.
- And educating people on the authentic principles of the religion.
- And implanting the principles of Tawheed in their minds.
- And advising besides all of that.
So this by God is what is called 'The Legacy of the Prophethood.' This is what we say regarding the one who bears this thing: he has resembled the prophets and has borne harm for the sake of that.
This is what will be proclaimed as such on the Day of Judgment. These people are the true inheritors of whom we call on you to be so we may support you and expend lives for the sake of your call.
So fear God: He will raise your affair, and make high mention of you, and strengthen your reward, and bless your 'Ilm, and multiply your mastery.
And know that You will meet you, and stand before Him. He will ask you about how you made use of His bounties, and how you established His religion, and how you supported it, and about those who waged war on God and His Messenger and betrayed God and His Messenger: did you resist them and fight them and thus obey the command of your Lord and make clear to the people his ruling and the obligation upon them??!!
So prepare a response for that day, the day on which it is to be said: 'And stop them: indeed they are to be asked.'[vii]
Written by Khayal al-Manhaj al-Shami: Wednesday 24 Dhu al-Q'ada 1441 AH.
First: Hay'at Tahrir al-Sham: What is its Essence?
I heard some denying about the Hay'a the description of sect, and saying: 'I do not consider it to be a sect from the outset.'
So they admit some of the nullifiers that we mention and bring regarding them, but refrain from bringing down the description of apostasy regarding them, because they claim that they are not a sect.
And we say in exhibition of the response to that, seeking help in the Powerful and Mighty:
We have defined the sect previously when we said[viii]: 'Every gathering and league arising between a group of people has components connecting them, among the most important of which are:
- An idea they believe, and a quality on which they have gathered, and an interest present between them.
- And a leadership or head upon which they have gathered, by whose command they are commanded, and from whose consultation they proceed.
- And a banner under which they fight.
- And a joint aim they strive to achieve,
When the likes of these characteristics exist for a gathering of people, the name 'sect' is applied to them.
So the Hay'a to begin with:
It is a project: and the affirmation of that is placed in their statements, and their articles and official conferences, in which they speak about the project of the Hay'a, and some of its aims.
A number of people have gathered upon it, and this is what is not hidden to anyone so the issues of those affiliated with the Hay'a in a clear and clarified sense do not need more affirmation!!!
And it- that is, the Hay'a- has a framework and leadership upon which the people have gathered, and this is clarified to the one with the slightest review of the matter, from administrative and organisational arrangements and effective decisions, many of which are in the form of obligation, and some of them in the form of choice. There are also sectors complementing each other, and strategic views, and a mechanism to regulate and adopt and issue the decision as executive orders, and a mechanism of ensuring implementation, and a mechanism to follow up implementation from which arise tracking committees and other aspects of the affairs of the loathsome centralised administration.
And a banner under which they fight: this is also made clear: it has appeared and become strongly prominent in the recent time: that the Hay's sect is gathered on well-known objectives and banners, under which they fight, and for which they sacrifice.
And it has a joint aim they strive to achieve.
And finally the decision issued from the renegade Hay'a: namely, to ban leaving the Hay'a except after contentment and agreement of the specialised committees, and the one who leaves it without permission is deemed a criminal. As for the one who seeks permission and attains it, he is not allowed to join the ranks of any other group.
So if someone says: 'It is not a sect, because much of it has not been to be content with the act of kufr.'
We say: the conditioning of contentment in describing the sects, no one has previously held this view, as there has been no sect in history whose entirety was content with every deed of theirs.
But rather the reality has been that some of them directly undertake the deed, and others support them in that. And the reasons for support differ so some of them may be for tribal zeal, or reasons of doctrine, or material support or joint interests or ambition for a position, money or power. And although this is found in every sect, the distinction between them in procedures and rulings has not occurred in any age. This is the principle and the one who claims otherwise must bring forth the evidence and proof.
'Say: bring forth your proof if you are truthful.'[ix]
So the Hay'a as we have concluded: is a sect.
So if the preceding is established, we say: it is a sect that has deterrence, power and force, through which they defend their project and goal and banner, and indeed they fight to implement these things.
And the security campaigns that have arisen to remove those who contravene are not far-removed from us, for just as is clear as the Sun in mid-day, the renegade Hay'a, a personnel in the security campaigns does not abstain from it if it demands him for them, unless he is to be punished.
Thus the claim that it is a group of parties disagreeing with each other is false. Indeed the cohesiveness in it is clear, plain and evident and cannot be denied.
And the Sheikh of Islam Ibn Taymiyya (may God have mercy on him) said: 'And the sect, when it supports each other, such that they have become those who refrain, they are jointly participating in reward and punishment like the mujahideen...because the one sect that refrains through each other is like the one person.'[x]
Then we have said and made clear: 'So if this sect gathers upon Islam and faith, it is called 'the sect of faith and Islam,' as is the case with the sects of the mujahideen.'[xi]
And if they gather upon one of the nullifiers of Islam, they are called a 'sect of apostasy,' as is the case of the apostates in the days of al-Siddiq (may God be pleases with him).
And if they are disbelievers, they are called 'sect of kufr,' and if they come out to steal, plunder and murder, they are called a 'sect of corruption,' and so on.
And the ruling of the sect should be in accordance with the aim and declared objective of the gathering in the current time, and should be in accordance with the ruling on the heads of the sect and its leadership.'
Second: The Shari'i Characterisation of the Hay'a Sect
After the preceding has been established, that the Hay'a is a sect of power, force and deterrence, and we have refuted the doubts of the oppositionists, in so far as the people understand and there is realisation on the part of the young and old , the knowledgeable one and the illiterate, and the loyalist and the hostile one, with regards to our call:
It has remained for us to make clear the state of the Hay'a, and characterise it with the Shari'i characterisation that matches it state, and we quote some of the points of opposition to our words and refute them. And we will try to be concise as far as possible and upon God is the guarantee of success and the right path.
We have previously noted some of the Shari'i violations in general above, and we have mentioned the violations of the Hay'a below (23) foundational clauses, some of the violations deriving from some of them.[xii] And that is when we have seen the one who says: 'There is no true Muslim who wants to destroy the entity of the Hay'a.' And a similar expression has come out from others.
So we have determined to respond through an article we have put forth before the brothers, with the title: 'The interpretation of 'Ilm in removing the Shari'i covering, and destroying the entity of Hay'at Tahrir al-Sham.'
And by the grace of God, some of those thought to be good responded to it and it- that is, the study- was a cause for an awakening of many of the brothers by the grace of God, so those who took the advice took it, and those who were exposed were exposed, and those who turned away turned away.
As for now, the deviation has become prominent, and its clarity has increased, and the evil has become manifest and it does not have after today any hiding. Many of those who claim affiliation with 'Ilm have turned away, and the youth have been lost for lack of regulation of the rulings, and the order has come that condemnation of the renegade nature of the Hay'a should be abandoned, while the one who condemns it for its falsehood and exposes its hypocrisy and makes clear the rulings of its deeds is condemned. With all that, I preferred to make clear to the people its ruling that I profess to God after it has taken up the clear, plain and evident causes. I do this in order to excuse towards God (Almighty and Exalted is He) and to realise the truth by the permission of the Almighty and Exalted. And I considered that I owe God in this matter an articulation. So it is not permitted for me to silent on the matter, for fear of the fools deriding me as foolish or the attack of the attackers, and the dispute of the falsifiers. And that is also because the Messenger of God (SAWS) also said: 'Indeed, fear of the people should not prevent any of you from speaking a truth when he sees it or witnesses it, for he does not approach, for speaking the truth or mentioning a serious matter does not bring nearness to death and does not bring about separation from provision.'[xiii]
The Messenger of God (SAWS) said: 'Let none of you despise himself. They have said: oh Messenger of God, how will one of us despise himself? He said: he sees a matter for God that he must articulate, then he does not speak on it, so God says to him on the Day of Judgment: what prevented you from speaking on such-and-such? So he says: fear of the people. So He says: 'Woe is me, I was more entitled to your fear.'
And my aim in that after excusing and making clear and removing what is on my neck from obligation: a guidance for the one who reads these lines from the followers and supports of the Hay'a. And by God guiding them is more beloved to me than striking their necks, and as SAWS said to Ali (may God be pleased with him) when he counselled him on the Day of Khaybar: 'Go to them patiently until you enter their land, then call them to Islam, and inform them of what is obligatory upon them, for by God that God should guide through you a man is better for you than your having red camels.'[xiv]
So I begin in seeking help in the Powerful and Strong by explaining the bases of kufr and apostasy that the renegade Hay'a sect have adopted.
First: Merging with the Imams of Kufr and the Apostate Sects
The Hay'a was formed on 28 January 2017 CE, and included a number of the other sects, and among them those who have adopted the bases of kufr before the merger and there was not proven with regards to them backtracking from what they had fallen into. On the contrary, the insistence was clear and evident. We mention of these groups:
- The Nour al-Din al-Zinki Movement[xv]: its apostasy became clear in its entry into the 'MOC'[xvi] rooms, just as it was also of the foundational and prominent components for the so-called 'Jaysh al-Mujahideen'[xvii] that was formed to fight the 'Dawla group' by orders of the 'MOC' at the time.
Then it joined the 'Shami Front'[xviii] and it had a number of courts in the area of its control that ruled by the man-made Syrian law, and it included personalities considered to be of the imams of kufr in the north. Then Zinki participated in the so-called 'Euphrates Shield operations room'[xix] And their participation was not through a branch of theirs as is claimed, but rather it was through rotation between personnel by orders of the commanders and phoney legislators.
- Jaysh al-Sunna: one of the component factions of 'Harakat Ahrar al-Sham.'[xx] And Jaysh al-Sunna adopted what the 'Haraka' adopted from multiple bases of kufr, the most prominent of which are fighting the 'Dawla group' under the cover of the 'international coalition' and participating in the 'Euphrates Shield operations room.' And their participation was not through a branch of theirs as is claimed, but rather it was through rotation between personnel by orders of the commanders and phony legislators.
Liwa al-Haqq: one of the component factions of 'Harakat Ahrar al-Sham' and it also adopted what the 'Haraka' adopted from bases of kufr.
Abu Jaber al-Sheikh[xxi]: The first amir of 'Hay'at Tahrir al-Sham': then he was handed the position of amir of the Shura council- before his resignation. And he is of the heads of apostasy, because he was the general amir of 'Ahrar al-Sham' when it announced its support for the buffer zone for the northern countryside in Aleppo under the oversight of the Americans and the Turks. And he was the amir of the Haraka and its Taghut, then its general legislator and the greatest of the members of the Shura council, when Ahrar participated in the first and second battles of al-Ra'i and the battles of Jarabulus and al-Bab, under the oversight of the Crusader American coalition and NATO Turkey, and the army of Bashar, Iran and Russia.
Tawfiq Shihab al-Din[xxii]: head of the Shura council of the hay'a and head of the tracking committee in the Hay'a. One of the imams of kufr and apostasy in north Syria, as he is the great Satan and the implementer of the orders of the 'MOC' operations room mentioned above. And he fought whoever the 'MOC' wanted to be fought from the Muslims, in obedience to them, and supporting the disbelievers against the Muslims, and he established what the 'MOC' room dictated to him, and he brought his group into a number of the organisations that adopt the bases of kufr, like 'Jaysh al-Mujahideen' and the 'Shami Front.'
Hussam al-Atrash[xxiii]: member of the Shura council of the 'Hay'a.' And he received the security portfolio in it: one of the imams of kufr, and one of its heads.
He was a phoney legislator for the 'Nour al-Din al-Zinki Movement' and one of the components of 'Jaysh al-Mujahideen' and the 'Shami Front.' He said in a tweet of his while he was operation- before submitting his resignation: 'I believe that the solution is that the interim government should rule the liberated areas and declare a defence ministry while the military factions should dissolve themselves and enter into the Defence Ministry without media.' In this he is calling for the disbelieving 'Interim Government'[xxiv] to be enabled over the field, and for the groups to be included under its authority, and his words are kufr and apostasy from the religion of Islam because the 'Interim Government'- whose control he is calling for and which is to be enabled to rule the area- declared its aim for ruling the liberated areas through democracy and waging war on Islam in the description of the international community, and the like. And the Almighty and Exalted has said: 'So is it the rule of Jahiliyya they desire? And who is better than God in rule for a people who are certain?'[xxv]
And the Almighty and Exalted has said: 'Have you not seen those who claim that they have believed in what has been revealed to you and what was revealed before you? They desire to resort to the arbitration of the Taghut. But they have been ordered to disbelieve in it, and Satan wants to mislead them far astray.'[xxvi]
But the official spokesman in the name of Hay'a merely said: 'It is a personal opinion of the brother Hussam in what he considers to be a solution for the situation.' And the Hay'a said in its official room that 'these words of al-Atrash are a matter of personal freedom so long as it is within the Shari'i frameworks.'
So they made the apostasy a matter of personal freedom!!!
Indeed they made his work within the Shari'i frameworks!!!
So their work was like the postponement that is an increase in kufr: 'Indeed the postponement is an increase in kufr by which those who have disbelieved are misled. They permit it one year and forbid it one year so they correspond with the number of what God has forbidden. So they permit what God has forbidden. The evil of their deeds has been beautified for them. And God does not guide the disbelieving people.'[xxvii]
These are the most prominent groups, factions and personalities that have constituted 'Hay'at Tahrir al-Sham' and have undertaken kufr and there has not been proven with regards to them return or repentance.
So per the preceding, we say that the basis of kufr in the uniting with the apostates is through loyalty to them through their apostasy, and establishing them upon their kufr, and deeming their madhhab to be correct, and being pleased with them, in addition to granting them mastery over the Muslims and handing them positions of effective leadership.
And as we said: that the ruling on the sect is known from its declared objective and the ruling on its heads.
So the one who stands with these renegade groups and leaders, and agrees with them, and supports them and assists them, is one of them, and his ruling is their ruling, with no difference between them.
The One Exalted in His Loftiness has said: 'And whoso of you stands with them is one of them. Indeed God does not guide the wrongdoing people.'[xxviii]
Ibn Hazm says: 'It has been established correctly that the Almighty's words- 'And whoso of you stands with them is one of them'- means as it appears, in that the person is a disbeliever from the mass of the disbelievers only, and this is a truth on which two of the Muslims do not disagree.'[xxix]
And the Lord (Almighty and Exalted is He) has said: 'You see many of them standing with those who have disbelieved. How wretched is what their souls have offered them, for the anger of God is upon them and in the torment they will eternally abide. And if they had been believers in God and the Prophet and what has been revealed to him, they would not have taken them as allies but many of them are grossly immoral.'[xxx]
And likewise as we have mentioned, they have not been content with abandoning the establishment of the command of God on these apostate groups and the imams of their kufr- from seeking repentance or fighting and opposing[xxxi]- but rather they have supported them on their apostasy, and have been content with it, indeed they have deemed it correct by making it within the Shari'i frameworks.[xxxii]
And Sheikh Abu Firas al-Souri (may God have mercy on him) said: 'The Almighty and Exalted has said: 'And it has come down upon you in the Book that when you have heard the verses of God being disbelieved in and mocked, do not sit with them until they engage in talk besides it. Indeed you are otherwise like them. Indeed God brings together the hypocrites and disbelievers in Hell entirely.'[xxxiii] Because contentment with kufr is kufr, and this has been cited by the 'ulama as evidence that the one content with sin is like the one who does it, and the issue that contentment with kufr is kufr is agreed by the 'ulama by consensus.'[xxxiv]
Second: Supporting the Disbelievers Against the Muslims, and Standing with Them, and Appointing Them as Trustees, and Agreeing with Them on Their Aims
And this has many and multiple aspects, of which we mention:
- Supporting Jaysh al-Nasr against Liwa al-Aqsa. The one-called 'al-Zubair al-Ghazi'[xxxv] after he met with commanders of 'Liwa al-Aqsa'[xxxvi] announced that the reason the 'Hay'a' fights the Liwa is that the 'Liwa' attacked their brothers from 'Jaysh al-Nasr.' [xxxvii] That was also said by 'Abu Yusuf al-Hamawi': amir of the Hama sector in the Hay'a.
And it is well-known that the so-called 'Jaysh al-Nasr' has adopted the multiple bases of kufr, of which we mention: declaring that their aim is establishing a democratic, republican national state of popular sovereignty, and accepting the international agreements and pledging to implement them, and describing the Christians as brothers and deeming their madhhab correct.
So they- that is, the renegade Hay'a- were not content with impeding the hadd punishment for apostasy only, but also they have added to that in protecting the apostates and fighting those who fight them.
And the people of 'Ilm have agreed that complete and entire loyalty to the disbelievers in contentment with their religion, or deeming their madhhab correct, or loving the supremacy of kufr over Islam, and the like, is from the things that necessitate apostasy and leaving the path.
And Imam al-Tabari (may God have mercy on him) said in his tafsir of the Almighty's words: 'The believers are not to take the disbelievers as allies rather than the believers and whoso does that, God has nothing to do with him, unless you should be taking precautions against them in prudence'[xxxviii]- do not take, oh believers, the disbelievers as support and helpers to whom you are loyal upon their religion, while you support them against the Muslims besides the believers, and you indicate to them their defects, for the one who does that, God has nothing to with him, that is: he has disavowed God, and God has disavowed him in his apostasy from his religion, and his entry into kufr.'[xxxix]
And al-Mawurdi (may God have mercy on him) said: 'And second: being loyal to them in religion, so he is of them in the ruling of kufr, and this is the pronouncement of Ibn Abbas.'[xl]
And Ibn al-Jawzi (may God have mercy on him) said: 'Whoso stands with them in religion, is one of them in kufr.'[xli]
And al-Shinqiti (may God have mercy on him) said: 'And it is understood from the outward appearances of these verses that whoso stands with the disbelievers by deliberate choice, willingly towards them, is a disbeliever like them.'[xlii]
- The Support of the Hay'a for the Apostate Turks Against the Muslims of the Mujahideen:
And this is of the forms of support that bring about kufr, and it has been established in many places, how the Hay'a protects the convoys of the Turks, and assists them in the event that they are targeted by the mujahideen, and threatens to fight the one who fights them. And this is explained in the testimony of the brother 'Abu Hussein al-Halabi' that was published by the 'al-Haqiqa al-Gha'iba wa al-Nasiha al-Wajiba channel' of Sheikh Abu Mus'ab al-Maqdisi (may God support him).
So he made clear in it the circumstances of the Shari'i meeting that occurred between the 'Hay'a' and the brother Abu Hussein when the 'Hay'a' supported the Turk and arrested three of those who struck the Turkish points through an ambush placed for them on the path of their withdrawal.
And in it, the representative of the meeting for the renegade 'Hay'a'- the judge of the amnis 'Abu Azzam al-Jazrawi' admitted that 'the Turks and the Turkish army are apostates and there is no pact for the people of apostasy and we will fight the one who targets them.'
Then the realities of the assistance of the 'Hay'a' to the Turkish apostate followed in more than one reality documented in their channels.
And we refuted them and dispelled their doubts that they stirred up in multiple articles and studies that were gathered in the file: 'Affirmation in Repelling the Doubts of the Debaters Regarding the Soldiers of Erdogan.'
For we said[xliii]: 'We have made clear the falsehood of the claim of Hay'at Tahrir al-Sham in securing the Turks and making a pact with them, and we have refuted it from multiple angles, and we dispelled their flimsy pretexts in deeming that legitimate, and we have established the obligation of targeting them wherever they are found. After all this, it has been necessary for us to make clear the ruling on the one who has supported them, and allied with them and assisted them, and the ruling on targeting them, and other rulings attached to that.'
[...] Until we said: 'And so the guardians of the Turkish convoys, and the one who proceeds with them in their convoys, and places inspection points around their points.
Such people are:
1. A sect refraining by their power and the power of the apostates.
2. And refraining from the obligation of targeting the Turks and expelling them.
3. And refraining by protecting the Turkish people of apostasy.
4. And refraining through its blocking of the mujahideen from targeting the Turks and undertaking the obligation of repelling the aggression. At the same time it deems the deed of obligation to be criminal.
5. Indeed also supporting the Turks and aiding them in targeting the mujahideen who target the Turks, and fighting them, besieging them, pursuing them and taking them captive. And this is established and well-known.
[...] Then we brought some of the lines of evidence on the ruling on the sects that ally with and support each other and refrain, until we have brought:
Ahmad Shakir said about the ruling on cooperation with the English and French[xliv]: 'As for cooperation in any types of cooperation- small or great- it is stubborn apostasy and plain kufr, in which to accepted is to be accepted, and no ta'awwul is beneficial with it, whether from individuals or groups or governments or leaders: all of them are in kufr and apostasy alike except the one who has been ignorant and erred then makes amends and so he repents.'
So the likes of this sect that fights the Muslims and stands in the rank of their enemy and permits the shedding of their blood and makes their land fair game in order for their enemy to seize it. It is necessary to fight this sect by the consensus of the Muslims, even if they claim that they want to preserve the rule of the Muslims or protect their land. For the imams Najadi da'wa like Sheikh Abdullah bin Abd al-Latif Al al-Sheikh, and Ibrahim bin Abd al-Latif and Suleiman bin Sahman have stipulated the prohibition on entering under the protection of the disbelievers like the English as they issued a fatwa stating that: 'Entry under the protection of the disbelievers is apostasy from Islam.'[xlv]
And Abdullah bin Abd al-Latif said on the issue of the people of the Gulf who entered under the British protection in the past century[xlvi]: 'And the state of affairs has moved in such a way that they have entered into obedience to them, and have relied on them, and have sought the justice of their material world through the loss of their religion, and this without doubt is among the greatest types of apostasy.' And he cited the Almighty's words: 'You see many of them standing with those who have disbelieved. How wretched is what their souls have offered them, for the anger of God is upon them and in the torment they will eternally abide.'[xlvii]
Then he said in his last fatwa (may God have mercy on him): 'All who enter into obedience to them and show loyal to them, have waged war on God and His Messenger, and have apostasised from the religion of Islam, and one must wage jihad against them and be hostile to them.'
And the Sheikh of Islam Ibn Taymiyya ruled in a fatwa on the obligation of fighting the Tatars, when they invaded al-Sham, and began to incite the Muslims to wage jihad against them, while refuting those who issued fatwas forbidding the fighting of them on the grounds that they entered Islam, such that the Sheikh of Islam said to those with them: 'If you see me in their rank, kill me!' An affirmation on his part (may God have mercy on him) that fighting the Tatars should not be doubted at all, and that his going back on his opinion in so far as he were to back on it would not change anything of the ruling of God and His Messenger on the obligation of waging jihad against them. Indeed the obligation on the Muslims at the time, if the Sheikh of Islam has gone back on his fatwa and stood in the rank of Tatars, would have been to fight him with them and not to be deceived by him, as the living person is not safe from the fitna, and the religion of God is not known through men, but rather through the verses that give proofs. So when the enemy transgresses on the land of islam, it becomes obligatory by consensus to repel him, and the jihad becomes at that time an individual obligation on the people of the land upon which the enemy has transgressed and a collective obligation on those who follow them from the Muslims.
So if they are unable to repel the enemy it becomes an individual obligation on those who follow them until the ruling is generalised to all the Muslims.
And the likes of this ruling that is individual obligation by consensus cannot be subject to ijtihad, and the Muslims in knowing it do not need the 'ulama, and the 'ulama cannot abrogate the ruling agreed by consensus, and it is forbidden for the Muslims to obey them in that. But rather this command is of what is well-known from the religion by clear necessity, so whoso is capable of the people of war, support and might should undertake it, and whoso cannot, must make the preparations to be able to do so. But rather the Muslims perform ijtihad in the individual and collective obligations on the means of undertaking them in the desired form.
And this has no ambiguity in it and does not require recourse to the people of 'Ilm but rather one must have recourse to the jurists to get to know the ruling of God in the nawazil whose ruling is not known in terms of what is permitted, forbidden and obligatory. As for the issues upon which the Muslims have agreed by consensus- and there is included in knowing them in general and in particular what is well known from the religion by clear necessity- it is not necessary for the Muslims to have recourse in them to someone to get to know their ruling.
And likewise the issues of disagreement in which the pronouncements of the imams and the predecessors of the Ummah have become well-known, the one who takes up the pronouncement of some of them by their evidence in obedience to God and His Messenger, it is not necessary for him to have recourse to the contemporary jurists, as questioning them is obligatory on the one who does not know the ruling. As for the one who knows it by its evidence, it is not necessary for him to ask.
And for the one who claims his inability to repel the enemy entirely by force and fighting, and the matter becomes settled for the disbelieving enemy in their land, or whoso is appointed by the disbelieving enemy from its allies and party, the obligation is to make the preparations, and compliance with the Shari'i address, so if a sect of the Muslims hastens to resist it, the obligation is to support that sect, and whoso cannot support it, should not fight it with the enemy.
Ibn Hazm (may God have mercy on him) said: And the Almighty and Exalted has said: 'Indeed those who have turned their backs after the guidance has been made clear to them, Satan has enticed them and prolonged hope for them, because they have said to those who have hated what God has brought down: we will obey you in some of the matter. And God knows their secrets, so how will it be when the angels seize them in death as they strike their faces and backs. That is because they followed what incurred the wrath of God, and they have hated His contentment, so He has rendered their deeds to be of no avail.'[xlviii]
So the Almighty has made them disbelieving apostates after He informed them of the truth and after the guidance was made clear to them, merely through what they said to the disbelievers, and the Almighty has informed us that He knows their secrets, and the Almighty has informed us that He has rendered their deeds to be of no avail since they have followed what has incurred His wrath and they hated His contentment.'
And Dr. Khalid al-Hayek- may God protect him- has said:
'Whoso has prostrated beneath the Turkish tank, his state of affairs does not differ from the one who rides the American tank. And whoso permits Bilad al-Sham to the Turkish NATO army, his ruling is the same as the one who permits Palestine to the Jews and Afghanistan and Iraq to the Americans: all of them are equally in apostasy!
And whoso claps for the Turkish observation points in Idlib, his state does not differ from the one who claps for the American embassy in Jerusalem!'
- Supporting the joint Turkish-Russian convoys against those of the Muslims who target them[xlix]:
This has come out recently from the renegade Hay'a, for it kissed the hands of the Turks and the Russians in order to obtain oversight of the protection of the patrol from the mujahideen and the general mass of the people- even the media personnel- and striking the one who throws the rotten egg at the patrols, and spreading checkpoints, and breaking the cameras of the media personnel, and sweeping the roads for the apostates and inspecting the vehicles of the mujahideen, and looking for IEDs, launchers and sniper weapons during the search in order to have them confiscated and their owners arrested. This is protection for the Russian-Turkish patrol that facilitates the implementation of the decisions of the well-known conferences.
And this is plain support, and plain appointing as trustee, on which two people of reason cannot argue. And God is the One who says: 'The believers should not take the disbelievers as allies rather than the believers. And whoso does that, God has nothing to do with him.'[l]
- Supporting the National Army against the Muslims of the mujahideen.
Through deeming as criminal the mujahideen who declare takfir on the 'National Army'[li] or fight it and seize booty from it, for it undertakes against them the joint security campaigns to fight and arrest the mujahideen.
So this deed has in it refraining from establishing the command of God against the people of apostasy, indeed it is also establishing them upon their apostasy, and indeed deeming their madhhab correct, and indeed supporting them against the mujahideen and monotheists. And indeed we have brought our response to the likes of what when we discussed their support for Jaysh al-Nasr against 'Liwa al-Aqsa.'
And it is well-known that the National Army is the military wing of the 'Interim Government' and we have spoken about the bases of its apostasy previously.
- Handing over the Muslims to the disbelievers, heretics and apostates.
Such as handing over the Yezidi child 'Hokar' who adopted Islam and lived in it during the first years of his life, and rejected to be handed over to his paternal and maternal uncles and aunts who are Yezidis, lest they should tempt him away from his religion.
And the Hay'a handed him over to the apostates, to improve its image before the international community, and to prove the moderation of its course to the course to be pleased with.
And following that the Hay'a referred a number of the critics of the incident who are affiliated with it to the internal judiciary, and some of them were expelled.
The One Exalted in His Loftiness says: 'Those who lie in wait for you, if you have a conquest from God, they say: were we not with you? And if the disbelievers have an outcome, they say: did we not gain the upper hand over you yet we protected you from the believers? So God will judge between you on the Day of Judgment and God will not place for the disbelievers a way against the believers.'[lii]
And Abu Muhammad al-Maqdisi was asked about the handing over of the sister Camilia and he said:
'There is no doubt that handing over the Muslim woman to the disbelievers when it is known that they will work to tempt her and turn her away from her religion: this is disbelief and apostasy from the religion of God, because it is helping to tempt the Muslim woman and turn her away from her religion. And helping disbelief and apostasy is disbelief, and it is betrayal of God and His Messenger and the Muslims and betrayal of trust. The Almighty says: 'Oh you who have believed, do not betray God and the Messenger and betray your trusts when you are well aware.'[liii]
And in that is showing support for the idolaters against this oppressed Muslim woman fleeing from them with her religion, and it is well known that supporting the idolaters and aiding them against the Muslims is of the nullifiers of Islam.
And also in returning her to the disbelievers when it is certain that they will restore her to her husband is permitting and allowing her opening to her disbelieving husband, and God Almighty has said: 'But if you have known them to be believing women, do not restore them to the disbelievers, for the women are not permitted to them, and they are not permitted to the women.'[liv]
And the Almighty says: 'And fitna is worse than killing.' And the Exalted says: 'Fitna is greater than killing."
Third: Abandoning the Ruling by What God has Revealed, and Ruling by That Besides Which God Has Revealed:
The renegade Hay'a has not been content with impeding the Shari'i hudud, but also its crime has transgressed against the Shari'a and the religion of God (Almighty and Exalted is He) through replacing it, and attacking its promotion, and describing them as stupid fools and people lacking in wisdom, and deeming criminal those who establish it and describing them as deficient. In addition they deem good their opinion in abandoning it, and legitimise abandoning through impermissible justifications.
And there are other things from errors that are not hidden to the one who has worked in the judicial realm or observed some of the judicial proceedings in the judicial offices of the renegade Hay'a And I mention from the matters multiple examples, so whoso wants to be certain, let him enter their courts and review the registers of the rulings or ask those they put on trial, and from the examples are as follows:
- Impeding the hadd punishment for apostasy, and wrongly pardoning the one against whom it should be implemented. And this is not only in the courts, but also concerns all the sects of apostasy present in the field that have adopted clear kufr, and have announced their disbelief in God, the Shari'a and Hakimiya, and have been loyal to the enemies of God (Almighty and Exalted is He), such as the sects of the Free Army, and those from whom the plain and probable word of kufr has been issued from their representatives, media personnel and commanders.
So when 'Jaysh al-Nasr' announced its brotherhood with the Christians of the village of 'Mahrada'[lv] the renegade Hay'a was merely loyal to it and supported it against the 'Liwa al-Aqsa' group, and likewise the 'Idolatrous Army' that clearly announced its aim to 'fight the ideologically jihadist groups, and to remove the safe havens for al-Qa'ida and the Dawla and the likes of them.'
In addition they have declared their aim to implement the project of the pluralistic civil democratic state, and the people's sovereignty in it, arising on nationalist and patriotic bases, and preserving the rights of the minorities[lvi] in assuming the authority and other such things.
And likewise is the group's state of affairs with those of the 'Druze' who have come from the areas of 'Suwayda" whose repentance has not been established, and those of them who inhabit the areas of the 'Mountain of the Druze' located in northwest Idlib, even as the houses of their evil amnis among them are well-known. So it has not obstructed them- i.e. the Druze- and has not sought their repentance and has not held them accountable.
Likewise is the group's state of affairs with those of the 'Qadiyanis' who have come from the areas of the Nusayris and dwelt in the village of 'al-Sahara', for after their homes were war spoils for the brothers inhabiting them, they expelled them from the homes and restored them to the 'Qadiyanis' without their repentance being established.
And likewise whoso of them- that is, the Hay'a- has pronounced the word of kufr, they have not established a hadd punishment against him and they have not demanded his repentance, but rather they have justified him and the justifications have been put in place for him and they have legitimised his work sometimes: such as 'Anas Khattab' who accused the Prophet (SAWS) 'of not implementing the Shari'i rulings and the hudud for his inability' and 'Khattab al-Urduni' who described the Prophet (SAWS) as 'incapable.'
And also 'Hussam al-Atrash': 'who demanded the apostate Interim Government to impose its control on the area and rule it, and it is the one that announced that ruling by pluralistic democracy built on patriotism and nationalism is one of its foundations.'
So also the ones who have come out asking for Turkish guardianship from the 'local councils' that are affiliated with the government of 'Jowlani' and his authority, and have demanded to join Idlib to the authority of the 'Turkish state' and for its rule to be imposed on the area.
This is also the case with the demonstrations that the renegade 'Hay'a' has organised, along with its apostate government, and have been covered in media by the auxiliary media centres of the renegade Hay'a such as 'Iba' Foundation.' These demonstrations have demanded the implementation of the decisions of the 'Geneva' process and the UN resolution '2254' and have raised slogans that necessarily entail the adoption of kufr and apostasy.
This is also the case with those who have been recruited in complete military service for the interest of the 'Turkish army' and have had courses and set salaries organised for them: working as they are for the Turkish interest entirely. Complete and clear military service, and the one responsible for their recruitment is well-known and present normally in the village of 'Salwa' near the village of 'Atmeh.'
And also the replacement of the hadd punishment for apostasy against the one who blasphemes God and the Messenger with a financial fine, and imprisonment of two months, and they legitimise these things under the claim of demanding repentance and discretionary punishment. If only this had occurred once, but rather if blasphemy is committed against God one thousand times, and they commit it one thousand times, it is the same fine and same mandated period. Before that- the days of the Jabha- they used to write on the man's form: his ruling is the death penalty, and to prove his repentance, we will exercise such and such discretionary punishment, while affirming the death penalty on the next occasion if he repeats the blasphemy. As for today, it has become an established ruling without recourse to that preamble that was for them a way out to abandon the hadd punishment and for them to remain under the authority of the excuses.
But the killing the one who apostasises from his religion and separates from the group of the Muslims is the ruling of God and His Messenger. SAWS said: 'Whoso changes his religion, kill him.'[lvii] And he said: 'A Muslim man's blood is not permissible to be shed except in one of three cases...'- and among them he mentioned: 'The one who abandons his religion and separates from the group.'[lviii]
And in the two authentic collections, that Mu'adh bin Jabal when he came upon Abu Mousa in Yemen, he found among him a bound man. He said: 'What is this?' He said: 'He was a Jew but he converted to Islam then converted back to Judaism.' He said: 'Sit.' He [Mu'adh] said: 'I will not sit until he is killed: the judgement of God and His Messenger.' Three times, so he commanded that and the man was killed.
So this is the ruling of God and His Messenger against the one who commits what nullifies his religion, so abandoning it- i.e. the ruling of God- and supporting him- that is, the apostate- and being content with him- that is, in his apostasy: these things constitute kufr and apostasy from the religion of God.
'So do not fear the people but be fearful of Me and do not exchange My verses for a small price and whoso does not rule by what God has revealed: those people are the disbelievers.'[lix]
So what then of the one who has added to that kufr in that he has supported him and allied with him: that is, he has supported the apostate and allied with him?!?!?!!
- Impeding and replacing the hadd punishment of the thief: and this is the hadd whose type has never been established with them, but rather they deem as criminal those who establish it on false pretexts. And before that they used to write a record against the one in whom the conditions of cutting off the hand were present, so it was necessary to cut off the hand of that person: 'His ruling is that the hand is to be cut off but it is deferred, and he is to leave by a guarantor, and a financial fine after three months imprisonment.'
As for now, this is not present, but rather the ruling is written with the sponsorship and the fine and the imprisonment and the guarantee to return the stolen things and compensation for the harm from damage, no more.
And God is the One who says: 'And the male thief and the female thief, cut off their hands as recompense for what they have earned as punishment from God, and God is mighty, wise.'[lx]
Someone opposing may counter and say: 'The people have impeded the hadd punishment because we are in an abode of war, and in the hadith: 'Hands are not to be cut in the expedition.'
We say: the people opposed in the beginning of the matter with that, and they have opposed without that, and whenever we refute a pretext for them, they bring us its sister, so when their pretexts have been exhausted, their face becomes exhausted so they abandon the twists and turns in fabricating the preamble of the ruling as we have previously mentioned, and I bring some of their pretexts and something of the refutation of them lest we should prolong:
The doubt that we are in an abode of war, and the hudud are not to be established in the abode of war because SAWS said: 'Hands are not to be cut in the expedition.'
We say this is an invalid brittle pretext, and that is because the expedition is the place of battle, so the one who steals in the camp of the Muslims during the battle, and the conditions for cutting off the hand are present and its obstacles have been denied, cutting off the hand is established by the proof: cutting off the hand is to be delayed until the return from the battle.
And indeed the battles here are the ribat lines, and the areas of the clashing far removed from residences of the Muslims in general, so if a person on ribat or a raider stills, his hand is not to be cut until he returns to the town, and this is accepted.
As for impeding the hadd punishment in the town, and that a man commits theft from those sitting who have no link with an expedition or others besides it, or that a man should steal in the abode of the Muslims, even if he goes to ribat and returns: this constitutes impeding the hudud of God and God has not conferred validity to this.
They have said: The town is like the contact lines, so we are not safe in it. So are we not to compare to them?!
We say: this is a totally corrupt analogy, for the town in which you are not safe, its state of affairs is the same as the land of the Muslims that have been adjacent to the enemy, indeed the security you seek was not in al-Medina when the revelations came down.
And from that is the story of 'the group of Akl' on the authority of Anas bin Malik: that a group of the 'Akl' (or he said 'bunch' and I do not know except that he said from 'Akl') came to al-Medina, so the Prophet (SAWS) ordered for them to use the camels and ordered them to extract and drink from its urines and milks, so they drank until when they recovered they killed the shepherd and stole the camels. When that reached the Prophet (SAWS) in the morning, he sent the request for them so the day did not end before they were caught so he ordered for them and cut off their hands and feet and branded their eyes, so they were placed in al-Harra and they sought water but were not given any.'[lxi]
So there is no proof for you in that.
They have said: we are not a people of tamkin, or power, so how can we establish the rulings?! And the tamkina and power that necessitate for us to establish the hadd punishment are the tamkin and power in which no one can contest us, and we do not possess them.
We say: your claim is false, lying and sinful. You deny the bounties of God after He granted them upon you?!?!
And that is because you impose what God has not imposed, and you fight for it the people of the whole land, and you do not observe in that the anger of the people, or their opinion, or their state of affairs, or their power. In other words, when it comes to customs duties, taxes, numbering of the cars and bikes, and gathering what does not merit zakat taxation in oppression, and fines for traffic fines, and campaigns of assault against the advisers and reformers, and removing the factions that oppose your policies, and other such things: these things are tamkin, power and authority. But the rulings of God and His hudud and commands: no tamkin, authority and power?!?!?! 'So is it the ruling of Jahiliya they desire? And who is better than God in ruling for a people who are certain?'[lxii]
They have said: But Omar bin al-Khattab the Amir al-Mu'mineen impeded the hadd punishment of theft in a year of trouble!!!
We say: actually Omar bin al-Khattab (may God be pleased with him) did not impede a hadd punishment at all, but rather he established the hudud, and he complied with the command of His Lord, and he established the essence of the Shari'a upon which was the Messenger of God (SAWS), and al-Siddiq (may God be pleased with him). What he actually did was establish the command of the Lord in forgiving the one who stole out of compulsion that permitted to him what god forbade: the license of God and His Messenger.
Omar (may God be pleased with him) said: 'No hand is to be cut in al-adhaq, or the year of al-sana.' And adhaq is: the date palm or the branch of the date palms in which there is fruit. And the meaning of al-sana: barrenness, famine and the cutting off of the rain, and the dryness of the land, and that is for the general doubt of compulsion that makes what is forbidden permissible, as per the words of the Almighty and Exalted: 'Whoso is compelled in starvation with no inclination to sin, for indeed God is forgiving, merciful.'[lxiii]
On the authority of Ibn Abbas in his words: whoso is compelled that is to what He has forbidden from what He named at the beginning of this Sura, in starvation that is hunger. Without inclination to sin: that is, not deliberately sinning.
Are the areas that are under your authority today in hunger and starvation?! If you lie and say yes, on what basis are the taxes and customs that you take from the Muslims and impose on the food and drink of the people, and their businesses? And on what basis are these expenditures that you expend on paving the roads and establishing the gardens, and the media centres, and the foolish gatherings and assemblies?!?!?!
Your pretext is false in God's eyes, and your lie is clear and apparent. You possess no means to repel it before the foolish of the children and women.
So on what basis do you lie against God?!?!?! So this deed of yours in lying against God, making permitted what is forbidden, and making forbidden what is permitted, and abandoning the hudud and the command of God and claiming that it is compliance with God's command: this is of the type about whom God has said: 'So who is more oppressive than the one who lies against God and has deemed honesty to be false when it comes to him. Is there not in Hell an appropriate abiding place for the disbelievers?'[lxiv]
- Impeding the hadd punishment of stoning, and replacing it with killing by gunshot for the one who is muhsin and his zina is proven by the considered means.
And this is from a kind of replacement that the Jews made for the hudud. It has come on the authority of Ibn Omar that the Jews brought to the Prophet (SAWS) a man and a woman from among them who had committed zina. He said: 'What do you find in your book?' They said: Their faces are to be blackened and they are to be humiliated. He said: 'You have lied. Indeed in it is stoning, so bring the Torah and read it if you are truthful.' So they brought the Torah and came with a reader for them so he read it out until he ended at a point of it upon which he placed his hand. So it was said to him: remove your hand. So he raised his hand and behold it appeared. So he said or they said: Oh Muhammad, in it is stoning but we kept it hidden among us.
So the Messenger of God (SAWS) gave orders for them and they were stoned. He said: I saw the man covering and shielding her from the stone with his body.[lxv]
So the verse came down: 'Whoso does not rule by what God has ruled: those people are the disbelievers.'[lxvi]
So if you commit the type of their deed, it is equally the same: kufr.
- Impeding the hadd punishment for the act of Lot, and replacing it with killing by gunfire sometimes, or prison for four months with a financial fine of $400 at other times. And this is of the type I have spoken about regarding the hadd punishment for stoning. Clear replacement. It is equally the same: kufr.
- Replacing the hadd punishment for Hiraba, and legitimising its establishment against the mujahideen, while leaving alone the sowers of corruption. And that is because of the establishment of the hadd punishment against the mujahideen who fight the 'Idolatrous Army' and seize booty from it through their squadrons' security operations, so the renegade Hay'a arrests them in cooperation with the security wing of the Idolatrous Army and establishes against them what it claims to be the hadd punishment for Hiraba under the name of 'ihtitab.'
So it kills the mujahid undertaking the command of his Lord, and abandons the one who commits crime against the Shari'a and the Muslims and indeed aids him and supports him[lxvii] against the monotheists. So this, if it is not like postponement, then on what basis?!?!
The One Exalted in His Loftiness says: 'Indeed those who disbelieve in the verses of God and kill the prophets without right and kill those who command fairness from the people, give them tidings of a painful torment.'[lxviii]
On the authority of Obeida bin al-Jarrah who said: I said: oh Messenger of God, which people will endure the most intense torment on the Day of Judgment? He said: 'A man who killed a prophet, or a man who commanded what is wrong and forbade what is right. Then the Messenger of God (SAWS) recited: 'Indeed those who disbelieve in the verses of God and kill the prophets without right and kill those who command fairness from the people' up to 'and they will have no helpers.'[lxix]
Deeming criminal the muhtasibeen: and this is of the greatest catastrophes committed by the renegade Hay'a as it has prevented ihtisab and deemed the one who carries out to be criminal on the pretext that he is infringing on the authority and the Shari'i judiciary.
And this is of the greatest of the great sins and most serious as we have brought in the preceding party, as per the words of the Almighty and Exalted: 'Indeed those who disbelieve in the verses of God and kill the prophets without right and kill those who command fairness from the people, give them tidings of a painful torment.'[lxx]
- Making permissible the customs duties and taxes, and claiming that they are a legitimate right for them.
And the strange thing is that they claim in that tamkin and force and power to protect the people, so by these pretexts they impose customs duties on the people, but in the Shari'i rulings and the hudud that are not established, they make the pretext to the people that there is weakness and lack of tamkin and lack of ability, and assert there is to be consideration for the outcomes and they contrive conditions for them although God has not granted them validity. For example: securing the sky from the aircraft and the land paths and routes from highwaymen, and securing the necessary morsel of food for the people, and marrying the youth, widows and divorcees, and general peace and stopping of the war, and unity of the judicial abodes under one authority, and that the Shield areas should be ruled as the areas of Idlib are.
But if you ask them about customs duties, they say: we are a people of tamkin, force and deterrence. We protect the people and make right their matters.
And if you ask them about the Shari'a and implementation of the rulings and hudud, they say: we are oppressed in the land, we do not possess our affair, and we have no power. And we have responded to that in the part on the impeding of the hadd punishment of cutting the hand and its replacement for the one who wants to review this invalid pretext.
As for making permissible the customs duties, and claiming that that is a legitimate right for them:
And this deed of theirs is of the type of the deeds of the monks and rabbis who claimed that this wealth was permitted by God to them in specific ways, so they have resembled them and been similar to them in their legitimising of the eating of the wealth of the people in falsehood so they have said: 'Indeed God has permitted to us to take the customs duties and taxes in exchange for benefits.' They have lied and God (the One Exalted in His Loftiness) has said: 'Oh you who have believed, indeed many of the rabbis and monks eat the wealth of the people in falsehood and turn away from the path of God, and those who store up gold and silver and do not spend these things in the path of God, give them tidings of a painful torment.'[lxxi]
And al-Qamuli[lxxii] said: 'And from that (i.e. rejection of what is necessarily understood) is to believe that something of customs duties is a right.' He said: 'And it is forbidden to call them as such.'[lxxiii]
And Abu Bakr al-Shafi'i said regarding the affirmation of apostasy: 'And likewise the one who makes permissible the customs duties and the like from that which is forbidden by consensus and being content with kufr, that person is a disbeliever. And in the event of determination upon kufr, that person is a disbeliever in his state of affairs, and likewise if one hesitates as to whether it is kufr, that person is a disbeliever in his state of affairs, and likewise in attaching kufr to a future matter, that person is a disbeliever in his state of affairs.'[lxxiv]
Imam Abu al-Baqa' said: 'And likewise is a disbeliever the one who believes in the permissibility of what is forbidden by consensus, like zina and drinking wine, or deems prohibited what is permissible by consensus, or believes to be obligatory what is not obligatory by consensus such as increasing the rak'a in the obligatory prayer or the obligation of fasting on a day of Shawwal. And from this if one believes that customs duties are a right as it is forbidden to call them a right.'[lxxv]
Al-Nawawi said: 'Some of the 'ulama have said: whoso calls this- i.e. customs duties- a right is a disbeliever outside the path of Islam.'[lxxvi]
And Abu Yahya al-Siniki considered the deeming of customs duties as permissible to be of the things that cause kufr. He said in the chapter on apostasy: 'In affirming the types of apostasy, his words: or forbidding what is agreed upon by consensus...etc., al-Balqini said: it is necessary for him to say without ta'wil so that the transgressors and Khawarij should come out, as they deem permissible the blood of the people of justice and their wealth and believe in making prohibited their blood upon the people of justice. His words: and zina. That is, and taking customs duties.'[lxxvii]
Al-Ba'ali said: 'And Ayadh mentioned the responses of a group of Maliki jurists on those well known for being killed without the seeking of repentance in cases, among them: the tither. He said: do so, and complain to the Prophet (SAWS).'[lxxviii]
And al-Suyuti said in inciting to kill the customs duties collector in the end of his book Dhamm al-Maks:
And I implore you to myself:
Kill because of the customs duties and do not be concerned if they have prohibited or permitted that.
For indeed the best of creation advised that if you meet a tithe collector, kill him.
Indeed the issue has not been limited to this extent! For Imam Abu Hayan al-Andalusi took the view of takfir against the one who claims 'Ilm from the mashayakh and preachers who are silent about condemning the imposition of customs duties and the one who agrees on them.
Imam Abu Hayan al-Andalusi said: 'And the strange thing is the one who makes pretensions to justice, religion and 'Ilm agrees with not condemning these customs duties and guarantees, and the claim of some of them that they have disposition in existence and pampering upon God Almighty in that when they pray they are answered in what they have wanted and can guarantee Paradise for their companions and followers. And they, despite that, hesitate for the people of customs duties and are submissive towards them regarding the removing of something despised and taking it from the customs duty that they have obtained. But this is insolence that does not come from the one who has smelt the odour of faith and it has nothing to do with Islam.'[lxxix]
And this is the truth: that the one who makes the customs duty permissible is a disbeliever in God, because he permits what is clearly forbidden, and indeed for his fighting upon it his kufr clearly and evidently increases.
Fourth: The Formation of a Legislative Entity to Enshrine the Laws and Systems
And this is the characterisation of them we have maintained as it is, as those who lead it have affirmed that through a video recording when they said: 'The elections of the Majlis Shura have been completed, which are tantamount to a legislative entity or legislative council for the liberated areas.'
And they have said: 'As for the Shura Council it is a legislative authority, within the roles mutually recognised in any land, and it undertakes the legislative roles mutually recognised in the rest of the lands like enshrining the laws.'
So it as has been stated a legislative entity, to enshrine the laws and systems.
And indeed, from it are issued effective decisions like customs duties and taxes, and the impeding of some of the rulings, and the organising of the revolutionary assemblies that are not devoid of things of kufr, like demanding Turkish guardianship, and the implementation of the decisions of the Geneva conference and the UN '2254' decision and other things.[lxxx]
'Or do they have partners who have legislated for them from the religion what God has not permitted? And were it not for the word of judgement it would have been judged between them, and indeed the wrongdoers have a painful torment.'[lxxxi]
Ibn Kathir (may God have mercy on him) said: 'And His words: 'Or do they have partners who have legislated for them from the religion what God has not permitted?'
That is: they do not follow what God has legislated for you from the authentic religion, but rather they follow what their Shayateen have legislated for them from Jinn and men. This includes forbidding what they have forbidden to them, from bahira, saiba, wasila and ham, while permitting the dead and blood and gambling, and the like from errors and ignorance of falsehood that they had devised in their Jahiliya from permitting and forbidding as well as false acts of worship and corrupt pronouncements.'[lxxxii]
Fifth: Preventing the Changing of the Teaching Curricula, and Rejecting the Teaching Educational Projects that Aim to Change the False Subjects in the Teaching and Educational Curriculum
This is so in order to preserve the international legitimacy for the oversight of the 'UNICEF organisation'[lxxxiii]over the teaching systems in the area, so the 'Hay'a' is keen for 'international legitimacy' and implementing the UN guardianship in protecting the teaching subject established by the 'UNICEF' organisation. Also it has not been content with establishing but rather protects and permits the teaching of the subjects that bring about kufr and are contained in the curriculum, such as teaching of human rights, and foundations of democracy, and national principles, and international politics, and philosophy among the youth and other things. And we will discuss in particular the establishment of the UN guardianship.
Sixth: Implementing the Decisions of the International Conferences, and Being Keen to Implement Them with Legitimising Cover, and Direct Oversight of the Course of the Steps of Implementation, and Protecting the Mechanism of Implementation, and Deeming Criminal the One Who Tries to Overturn the Table, and Fighting Him if the Matter Is Compelled, Under the Pretext of Disturbing the Security of the Liberated Areas.
And from that: inserting the Turkish convoys, and handing them the frontiers of the Muslims, and protecting them and overseeing them during the implementation of the Astana and Sochi clauses, as the Hay'a handed the Turkish apostates 12 points in the required time from the frontiers of the Turks, and protected their patrols and convoys. It also established inspection points around the Turkish points out of concern for the security of the Turkish points from the strikes of the monotheist mujahideen. And it has supported the Turkish apostates against the mujahideen through chasing them, pursuing them and striking the squadrons of the mujahideen that come out to target the Turks and put in place the ambushes for them and the like.
Also note the Hay'a has been keen to comply with the ceasefire as has been documented through the international conferences, and criminalising whoso violates it, and pursues that person and holds him to account, under the pretext of disturbing the security of the liberated areas.
And we mention among the events what we note in the southern countryside, when the Hay'a spread security checkpoints, cut the roads and brought out convoys to obstruct the mujahideen during their multiple attempts to open a battle with the Nusayris. Also we note the incident of Jabal al-Turkoman and the Hay'a's arrest of the mujahideen during their work on cover fire for their brothers who carried out inghimasi operations on the points of the Nusayris.
And we mention among them the Hay'a's arrest of the mujahideen immediately after they arrived from inghimasi work that occurred in Jabal al-Zawiya. In this the brothers violated a Russian-Turkish agreement for the ceasefire.
And likewise the removal of the safe heavens for the al-Qa'ida organisation and the Dawla and the ideological groups, as the Hay'a has worked on the portfolio repeatedly and has offered guarantees through its Turkish ally to the UN to remove all the safe havens for the ideological groups.
And what happened in Arab Sa'id is not far removed from you, as the Hay'a brought forth the international system public reports via its civilian tool 'The Salvation Government' in which it declared the removal of the bases and safe havens for the organisations in all of Idlib and its countryside, Jisr and its countryside, and other places.
Indeed it is the case that every detailing has been established through the international conferences, as the Hay'a has affirmed to its Turkish ally its compliance and has offered a clear and frank deposit and real guarantees affirming the truthfulness of its intention in that.
And this adds to the kufr above their kufr to push people to subject themselves to the outcomes of the disbelieving conferences and to agree to them.
Al-Zubaidi said: 'And whoso wants from God's creation to be disbelieving in God: that peson is inevitably a disbelievers.'[lxxxiv]
Seventh: Preventing the People from Repelling the Aggressor and Undertaking the Obligation of Jihad and Deeming It Criminal in Various Ways, and Congining Work Under the Authority of the Turkish Apostate Overseeing the Operations Room Falsely Called al-Fatah al-Mubin.
And we have explained the prevention of the people from jihadist work during the sixth clause, and we have mentioned multiple documented examples upon which a gathering bear witness that cannot be conniving in lying. And likewise the decision of the renegade 'Hay'a' to prevent the establishment of the groups and entities and operations rooms and opening of battles and undertaking of military operations except by its exclusive permission, and whoso defies the decision of the 'Hay'a' is deemed criminal and subject to accountability and tyrannical reckoning.
And the military work has been confined under the authority of the 'Turkish' apostate within the formed operations room 'al-Fatah al-Mubin', among whose components are the 'National Army and the renegade Hay'a' with direct supervision from the 'Turks' and direct support from them, as al-Fatah al-Mubin complies with the dictates of the 'Turkish' apostates built on the decisions of the international conferences.
And as is well-known by necessity, the aim of the fight of the 'Turkish' apostate and 'National Army' is well-known, such as subjecting the area to the international system and embracing the international guardianship, and the renegade 'Hay'a' has aligned with them in that and has participated in the ruling and it need not declare as such for the operation does not need the statement.
For if contentment with kufr is kufr,[lxxxv] what then do you think of the one who prevents the Shari'i obligation, and pushes the people to kufr and apostasy, and makes them embrace it? this is even more kufr.
Eighth: Establishing Guardianship of the 'UN Commission'
And this is made clear and evident through a number of things, like its implementation of the decisions issued by the 'UN Commission' and the Security Council, and protection of the 'UNICEF' system of the UN concerned with monitoring the educational curricula and implanting the international principles and the human rights and equality and democracy and other such things. There is also the renegade Hay'a's demand to the UN to send a committee to correct its reports that are referred in order to have built upon them decisions from the UN and the Security Council, as the Hay'a has expressed through its organisatiion of a number of revolutionary assemblies its embrace of the UN decisions like '2254.'
And here I transmit to you some of the clauses of the guardianship established in the UN for which the renegade Hay'a is keen. I transmit this to you from the study: 'The Shari'i Violations and Bases of Kufr of the UN Charter, the Universal Declaration of Human Rights.'[lxxxvi]
'Twelfth Section: on the International Regime of Guardianship.
- The 'UN' establishes under its oversight an international regime for guardianship, and that is for the administration of the areas that may be subject to this regime per the requirement of subsequent individual agreements and for oversight of them, and these regions are to be called in what follows from rulings the regions included in guardianship.
The foundational aims of the regime of guardianship are in accordance with the intentions of the 'UN' that made clear in the first article of this covenant that are:
a) Consolidating peace and international security.
b) Working to advance the peoples of the regions included in the guardianship in matters of politics, society, economy and education, and continuing their advance towards self-rule or independence in accordance with the particular circumstances for each region and its peoples. This should also be in accordance with the desires of these peoples that they express in fulfilling their freedom and in accordance with what may be stipulated in the conditions of each of the agreements of guardianship.
c) Encouraging the respect of human rights and foundational freedoms for all without discrimination because of sex, language or religion, and no distinction between men and women, and encouraging realising what is between the peoples of the world from their being connected to each oher.
d) Sponsorship of equality in dealing in social and economic and business matters for all members of the 'UN' and their peoples and equality between these peoples as well in what concerns the judicial process, and that is with the lack of shortcoming in realising the progressive objectives along with oversight of the rulings of article 80.
It is obligatory on the authority leading the administration to show appropriate concern for the region included in the guardianship in preserving peace and international security. And in order to realise this goal, the authority leading the administration is allowed to use voluntary forces and facilitations and aid from the region includes in the guardianship in order to undertake the obligations that that authority has pledged to the Security Council in this regard, and also to undertake the defence and establishment of the rule of law and order inside the region included in the guardianship.
I say: and this is clear establishment of the disbelieving guardianship through which there is intervention in the educational matters to spread the poisons to the people's minds through it, and likewise the vileness called 'protection from types of harm' that teaches society the principles of the universal declaration of human rights and the principle of freedoms that nullifies the Islamic Shari'a.
And through the cause of consolidating security and peace occupation forces are inserted, with the imposition of a military supremacy completely subordinate to the UN, and with the administration and oversight of the Security Council.
And that is in what is agreed upon in the international law that nullifies the Shari'i principles and foundations.
And this is an example of supporting the disbelievers against the Muslims, under the pretext of self-rule, and in the consideration of the guardianship, the UN will impose its system that it decides as a ruling regime, and that is liberal democracy. Also this serves the interest of kufr in the context of the cause and enables it and provides mutual support in that, in addition to placing the authority and power in the hand of the disbeliever and paving the ways for the disbeliever to these things.'
This is the tip of the iceberg, and a small aspect of much, and some of what I have readily recalled in addition to what I have forgotten to mention, and some of what has been established in my view in addition to what has been not been established.
And naturally I find some people after that disputing about the Hay'a in some of what I have mentioned and denying some of what I have mentioned or removing it from the circle of the basis of what causes kufr, because some of what I have mentioned, dispute may be admitted as to whether it is a basis giving rise to kufr or is not as such. And if there is disagreement in some aspects, the disputer cannot deny the rest, and the truth is that one basis from what we have mentioned is sufficient to go out from the path of Islam, and much of what we have mentioned, they cannot deny or dispute.
Third: Responding to Those Who Have Depicted Us as Kharijites or Extremists
During what we have mentioned from making clear some of the issues, and revealing the state of affairs of some of the groups and applying the Shari'i characterisation that befits them, there have come out against us those who charge us with accusations, and describe us with unfair descriptions that have no basis in truth. And how many times we have demanded them to provide proof in their description, and to specify the bases realised in us through the realisation of which we deserve those accusations with which we are accused. And we have said to them again and again: 'Prove the basis of Kharijism among us, or the basis of extremism, and confront us with it.' But how will they do that?!?!
So I respond seeking help in the Powerful and Mighty:
With regards to characterising us as Kharijites and characterising us with Kharijism, this accusation is the most prominent of those we have been charged with absolutely, and it is in its reality the packed fatwa through which the criminals justify killing, assassinating, imprisoning or cutting the hands and feet of all to whom it is appended, and it is applied primarily to turn away any type of sympathy with those to whom the accusation is appended. Whoso is appended with this accusation, his blood is spilled and the sacrosanctity of his wealth is denied and his honour is deemed fair game.
And if we wish to translate the meaning that the people of arbitrary whim intend through this accusation against those who disagree with them, we only find that it is: hidden takfir for those to whom this canned accusation is appended.
And we say in response to this accusation seeking help in the Strong and Powerful:
Kharijism in our view of two types:
The first: they are the group that revolted against Ali (may God be pleased with him) and became known for takfir without that which causes kufr, and making fair game the wealth and blood and property according to that, and takfir of the Companions (may God be pleased with them) and making faith one level.
And its situation was limited to takfir without that which causes kufr.
So whoso claims that, let him prove it in documentation, and let him come to prove the falsehood of our words with the Shari'i texts and we will yield to him by the permission of God.
Second: they are a group who has borne a quality or qualities as per the following hadiths:
a) There has come in the two authentic collections on the authority of Jaber bin Abdullah: he said: 'A man came to the Messenger of God (SAWS) and said: oh Muhammad, be just.' He said: 'Woe to you, who would be just if I am not just? You have failed and lost, if I am not just.'
So the Messenger of God (SAWS) said: 'Indeed this man and his companions recite the Qur'an and it does not exceed their throats. They pass through it as the arrow passes through the prey.' And in a narration: they pass through Islam and in another narration, they pass through the religion.
b) And likewise in what the two sheikhs have narrated on the authority of Sahl bin Hunaif on the authority of the Prophet (SAWS): 'They recite the Qur'an and it does not exceed their throats. They pass through Islam as the arrow passes through the prey.'
c) Also the two sheikhs brought from Abu Sa'id al-Khidri (may God be pleased with him) that a man came to the Prophet and said to him: 'Fear God, oh Muhammad.' He said: So the Messenger of God (SAWS) said: 'So who will obey God if I disobey Him? Is He to entrust me over the people of the land when you do not entrust me?'
He said: Then the man turned away so a man of the people sought permission to kill him- they think that it was Khalid bin al-Waleed. So the Messenger of God (SAWS) said: 'Of the offspring of this man are a people who recite the Qur'an but it does not exceed their throats. They kill the people of Islam and leave alone the people of idols. They pass through Islam as the arrow passes through the prey. If I live to see them, indeed I will kill them as the people of 'Ad were killed.'
d) And al-Hakim narrated in his Mustadrak on the authority of Abu Sa'id al-Khidri (may God be pleased with him) that the Messenger of God (SAWS) said: 'There will be in my Ummah a disagreement and division: a people who are good at saying but bad at doing. They recite the Qur'an but it does not exceed their throats. They pass through the religion as the arrow passes through prey. They do not go back until the arrow comes back to its notch. They are the worst of people and animals. Blessed is the one who kills them and is killed by them. They call to the Book of God but they have nothing to do with it. Whoso fights them is closer to God than they are.'
So by these aforementioned qualities in the hadith: I consider that the people most meriting this quality are the renegade Hay'a and that is as follows:
First: the phoney legislators clearly and repeatedly disparage the Prophet (SAWS) and the Noble Companions: They characterise him with oppression sometimes- God forbid- and with incapability at other times- God forbid- just as they disparaged Omar bin al-Khattab (may God be pleased with him) just as they disparaged al-Zubayr, al-Meqdad and Ali (may God be pleased with them all).
Second: and likewise they are the ones who merit the description: they recite the Qur'an that does not exceed their throats. Indeed they have increased in that and have disparaged it. For as is known to all, the law of these people is interest devoid of the text stipulation, and they give priority to their opinions before the Shar'i text stipulation.
And indeed they claim that their opinion- the deficient one stripped from the Shari'i stipulation- and their view of the interests and things of corruption are the explanations of the Shari'i text stipulation.
And the truth is that they contradict it completely and clearly. And two people cannot disagree on this.
Third: they kill the people of Islam and leave alone the people of idols: and this is out testimony against them, and the testimony of many, for they kill the reformers, and fight them, and pursue them, and harass them, and give priority to fighting them over fighting the people of the idols (like the Idolatrous Army, the apostate Nusayris, the Rafidites, the Kurdish atheists, and others).
And there are those who bear testimony against them in the Shura councils: how he would put forth the name of the independent, and another name from the names of the idolatrous ones to fight: so they show preference to fight the independent Muslim monotheists over those people.
Fourth: they are the worst of people and animals by the testimony of many, a testimony that is almost one of consensus. They claim to implement the rule of the Shari'a and they are the furthest of people from it on all levels.
Finally: by God indeed I consider them as the people who pass through the religion and go out from it, and I say this frankly: blessed is the one who fights them for their passing through and is killed by them for his justice.
And as for characterising us as extremists and attributing us to extremism, this is the accusation of the languid coward, who does not dare for the first. Indeed he agrees with us in principles, but he does not dare to display his agreement in the tanzil, and he does not want to engage in it (whether by affirmation or mere engagement) so he agrees with you in the interpretation, and he agrees with you in the principles of tanzil, and he agrees with you in the characterisation of the state of affairs, and when the moisture reaches his chin, he recoils, shrinks and stumbles.
So he says: extremists, and half-extremists, and Dawa'esh, and half Dawa'esh, and other accusations.
All that is because he has seen that what he has agreed with you upon in terms of principles and characterisation, affects the sanctity of his idols.
And here when there is no space for the employment of reasoning minds on his part, he is instead pushed by that to exhaust his powers in attacking the one who approaches the sanctity of his idols and symbols that have been made for him: extremists, half-extremists, Dawa'esh, half-Dawa'esh, splitting the rank, separating the groups, and the like.
And we say in response to this accusation, seeking help in the Strong and Mighty:
Extremism in my view is exceeding the limit, and the term 'extremists' is applied to all who exceed a limit within a specific framework:
Like the extremists of the Sufis: for those who exceed the limit in their symbols, because they give them qualities of the qualities of godliness or divinity.
And the extremists of the Murji'ites: as those who exceed the limit in the realm of faith, such that they bring into it what the Legislator has not brought into it.
And the extremists of takfir: as those who exceed the limit in the mechanism of tanzil, but has not considered anything from the obstacles, or has exceeded the limit in characterisation without truth, so he has been mistaken in his mechanism.
So this is the extremist in the general description.
So the principle for the one who wants to classify a man or group and says: people of extremism, or person of extremism:
That person has to prove the basis of extremism that is realised in that entity, and on what level has that entity's extremism been.
As for merely application: it is a mere arbitrary whim and disgrace, which if it shows anything, merely shows the extent of the ignorance of the one who bears that disgrace.
As for the one who comes applying it.
Ask him: in what aspect have you applied it?
He says: look, because he declares on takfir on this, or innovates in this regard, or is ignorant in that regard.
And is this and that a basis and criterion for classification?? Has he not spoken about evidence and proof??
Yes, but he has spoken against so-and-so, or so-and-so group.
Fine, having a discussion with him on his evidence, and make clear his basis and the error of his evidence.
They cannot do this, because the one spoken about, is an idol given sanctity by the people, such that the minds refrain from realising its reality, or even engaging in it.
So God is the One Whose help is to be sought over what you describe.
Fourth: Conclusion of Our Words on the Hay'a as a Sect, and the Ruling on Its Soldiers and Followers
As per the preceding, Hay'at Tahrir al-Sham is a sect of apostasy refraining by power from implementing the rulings and establishing the Shari'a, established on great falsehood and waging war on God and the Messenger by establishing the people of apostasy, supporting the disbelievers and apostates against the Muslims, allying with the sects of apostasy to apply the decisions of the international conferences and the dictates of the UN and its Security Council, waging war on the mujahideen in the rank of the people of kufr and apostate.
And the sect, if there is power held over it and it commits an act bringing about kufr, we do not declare takfir on its soldiers except when the conditions of takfir are realised in them, and the obstacles to it are invalid with regards to them.
As for when the sect is refraining by power, and it commits an act bringing about kufr, its soldiers are to be dealt with as apostates in the rulings of this world, in making their blood and wealth permissible as well as other rulings of the apostate, without considering the presence of the conditions and the invalidity of the obstacles with regards to them.
Unless it is the case that we know that one of their soldiers, none of the conditions of takfir has been realised in him, so we do not deal with him as we deal with his sect if we gain power over that person, while the ruling of the sect remains.
The Sheikh of Islam Ibn Taymiyya said: 'The one refraining is not to have repentance sought from him, but rather the one over whom power is held is to have repentance sought from him.'[lxxxvii]
And he also said: 'So one must distinguish between the one over whom power is held and fighting the refraining sect that is required to be fought.'[lxxxviii]
And he said: 'The punishments that the Shari'a has brought for those who have disobeyed God and His Messenger are two types:
One of them: the punishment of the one over whom power is held from the individual and number.
Second: the punishment of the refraining sect as the one over whom power cannot be gained except by fighting, for the principle of this one is jihad against the disbelievers who are the enemies of God and His Messenger.'[lxxxix]
And he said: 'The jurists, even if they disagree on killing the one over whom power is held from these people, they have not disagreed on the obligation of fighting them if they are refraining.'[xc]
The lines of evidence that the soldiers have the ruling of the leadership:
The Almighty has said: 'Those who have believed fight in the path of God and those who have disbelieved fight in the path of the Taghut so fight the allies of Satan indeed the plot of Satan has been weak.'[xci]
So all who fight in a sect that does not rule by God's law or is loyal to the disbelievers and supports them against the Muslims- even if they are Khawarij- has fought in the path of the Taghut, and all who fight in the path of the Taghut are disbelievers.
The One Exalted in His Loftiness has said: 'And when they argue in the Fire, so the weak will say to those who were arrogant: we were followers of you. So will you relieve us of a share of the Fire? Those who were arrogant have said: We are all in it. Indeed God has ruled between the servants.'[xcii]
Ibn Kathir said in the tafsir of the verse: The Almighty has informed of the dispute of the people of the fire in the fire: 'So the weak will say'- and they are the followers; 'To those who were arrogant'- and they are the leaders and masters and seniors.
'Indeed we were followers of you'; i.e. We obeyed you in what you called for in this world from disbelief and error. 'So will you relieve us from a share of the Fire?' That is, out of fairness will you bear it for us? 'Those who were arrogant have said: Indeed we are all in it' i.e.: we will not bear anything for you, it has sufficed what is with us, and what we have borne from torment and damage. 'Indeed God has ruled between the servants': i.e. He divides among us the torment as much as each of us deserves, as the Almighty has said: 'He has said: for each is double, but you do not know.'
Al-Sa'adi has said in the tafsir of the verse: the Almighty informs about the dispute of the people of the fire, and their rebuking of each other and their seeking relief in the vault of the fire, and the lack of benefit in that. So He has said: 'And when they argue in the fire.' The followers cite the pretext of the seduction of those followers, and those followed disavow the followers. 'So the weak say': i.e. the followers to the leaders ('to those who were arrogant')- in truth, as they called them to that for which they were arrogant- 'Indeed we were followers of you'- you led us astray, misled us and made beautiful for us idolatry and evil. 'So will you relieve us of a share of the fire?'- i.e., even if a little?
'Those who were arrogant said'- making clear their weakness and the influence of the divine ruling on all. 'Indeed we are all in it. Indeed God has ruled between the servants'- and He has made for every person his share of the torment, so there is no increase in that or diminishment of it, and the Wise does not change what He has ruled on.
The Exalted has said: 'You see many of them standing with those who have disbelieved. How wretched is what their souls have offered them, for the anger of God is upon them and in the torment they will eternally abide. And if they had been believers in God and the Prophet and what has been revealed to him, they would not have taken them as allies but many of them are grossly immoral.'[xciii]
The Sheikh of Islam Ibn Taymiyya has said: 'So He has indicated that the aforementioned faith denies the adoption of them as allies and is contrary to it, and the faith and the adoption of them as allies cannot go together in the heart. And that has indicated that the one who adopts them as allies, has not fulfilled the obligatory faith from the faith in God and the Prophet, and what He revealed to him.'
And the One Whose name is to be sanctified has said: 'The believers are not take the disbelievers as allies rather than the believers.'[xciv]
And He has said: 'Do not take My enemy and your enemy as allies.'[xcv]
And He has said: 'And whoso of you stands with them is one of them.'[xcvi]
And He has said: 'Indeed Pharaoh and Haman and their soldiers were in error.'[xcvii]
And the Exalted has said: 'And We show Pharaoh and Haman and their soldiers of them that which they were fearing.'[xcviii]
And He has said: 'So we seized him and his soldiers and cast them into the sea, so see how was the outcome of the wrongdoers.'[xcix]
And the verses makes clear that the followers ('and their soldiers') have the ruling of those followers ('Pharaoh and Haman'), for God Almighty has made them equal in sin ('they were in error') and in threat ('what they feared') and in the worldly punishment ('so We cast them into the sea') and in the Hereafter punishment ('and on the Day of Judgment they will have no helper'), and God has described them all as being 'imams who call to the fire'). And He has not distinguished between follower and followed, and He has only described the followers as being soldiers of the followers, and indeed they have deserved the ruling of the followers for their participation with the followed in his criminality and sowing of corruption, as the follower would not be able to commit his criminality except through his soldiers who obey him and implement his will, and likewise the soldiers of the tyrants in every age and place.
As for the aforementioned verses here, the aspect of citing them as evidence here for the kufr of the soldiers of the apostates is from the aspect of the indication of these verses on making equal the follower and followers from all angles, and God Almighty has not made the reason for making equal the resemblance of the follower's creed to the followed person's creed. Indeed the verses have not given the slightest indication of the creed of the followers, but rather God the Exalted has made the basis of this making equal the mere following in deed not agreement in creed, and God has not described them in all of these verses except as being the soldiers of the Pharaoh.
And the confining of takfir to kufr in belief alone is the madhhab of the Murji'ites the Jews of the Qibla, and the truth is that kufr occurs in word or deed or belief, and the soldiers of the apostate leaders who support them in word or deed have indeed committed kufr in word and deed without consideration to their doctrine.
'And they have said: our Lord, indeed we obeyed our masters and seniors but they led us astray from the path. Oh our Lord, bring them double the torment and bring a great curse upon them.'[c]
'And among the people are those who take idols besides God whom they love as they love God and those who have believed are strongest in love for God. And if only those who have committed wrong could consider, when they see the torment, that the force belongs to Hod entirely and that God is strong in torment: then those who have been followed have disavowed those who have followed and they have seen the torment and the relations with them have been cut. And those who have followed have said: 'If we could go back, we would disavow them as they have disavowed us.' Likewise God shows them their deeds as things of regret against them, and they do not go out from the fire.'[ci]
'And they have appeared to God entirely, so the weak have said to those who have been arrogant: 'Indeed we were merely followers of you, so will you relieve us of anything the torment of God? They have said: 'Had God guided us, we would have guided you. It is the same for us whether we are impatient or patient. We have no escape."[cii]
'And on that day the wrongdoer will bite his hands saying: If only I had taken a path with the Messenger. Oh woe is me, if only I had not taken so-and-so as intimate friend.'[ciii]
'And those who have disbelieved have said: We will not believe in this Qur'an nor in what is before us. And if you were to see, behold how the wrongdoers are made to stand before their Lord. They cast words at each other. Those who have been oppressed say to those who have been arrogant: had it not been for you, we would have been believers.'[civ]
'Gather those who have done wrong and their spouses and what they worshipped besides God and guide them to the path of Hell.'[cv]
'And they have turned to each other asking questions. They have said: Truly you were coming to us from the right hand side. They have said: But indeed you were not believers and we had no authority upon you but rather you were an oppressive people. So the word of the Lord has been justified against us. Indeed we will taste, for we led you astray. Truly we were people astray. So on that day they are to share in the torment. Verily We deal likewise with the criminals.'[cvi]
And from the lines of evidence also that the ordinary member in the sect takes the ruling of the sect in this worldly life, and that the obligation on us is to deal with them as they appear:
The fact that the Prophet (SAWS) applied the ruling of the disbelievers on his maternal uncle al-Abbas when he came out with the army of the idolaters to fight on the day of Badr, despite his claim of Islam and compulsion, so the Messenger of God (SAWS) ruled upon him per the outward appearance of his deed and not with consideration to his creed.
Al-Bukhari narrated in his authentic collection on the authority of A'isha (may God be pleased with her): she said: 'The Messenger of God (SAWS) said: 'An army will go on an expedition against the Ka'aba, but when they are at Baida' of the earth, it will swallow them in their first and last.' She said: 'I said: oh Messenger of God, how can it swallow the first of them and the last of them and among them are their markets and those not of them?'
He said: 'It will swallow them in their first and last, then they will be resurrected upon their intentions.'
And in the narration of Umm Salma (may God be pleased with her) as came in the authentic collection of Muslim. The Messenger of God (SAWS) said: 'A person seeking refuge will seek refuge in the House, but an army will be sent against it, but when they are at Baida' of the earth, it will swallow them.' I said: what of the one who resented? The Messenger of God (SAWS) said: 'It will swallow him with them but he will be resurrected on the Day of Judgement according to his intention.'
So the 'ulama have cited this hadith as evidence for the killing of one ignorant and the compelled and the one not intending from those who have intended to attack the Muslims in the war with the disbelievers, but God resurrects him on his intention as one excused if he has excuse.
So the 'ulama have said: if God- Who is the Capable One as He wills- is to distinguish the compelled and the ignorant, He has not distinguished such people from the swallowing, so how can the servants of God distinguish them from the disbelievers when they are established with them?!
So this swallowing of them or the killing of them with them, it is of the punishment of fate against the presence of the Muslim in the mastery of the disbelievers or the wrongdoers, so the punishment takes that person with them, but God does not do wrong to him for he is resurrection on his intention, if a just outcome is to benefit him in the Hereafter.
And al-Bukhari narrated on the authority of Abdullah bin Omar (may God be pleased with him): he said: the Messenger of God (SAWS) said: 'When God brings down a torment on a people, the torment strikes those among them, then they are resurrected according to their deeds.'
Ibn Hajr (may God have mercy on him) said: And it is to be drawn from this the legitimacy of fleeing from the disbelievers and from the wrongdoers because being established with them is of casting one's life to perdition. This is if one does not aid them and is not content with their deeds, but if one aids or is content, that person is one of them.
Also the Companions (may God be pleased with them) when they ruled on the apostasy of the followers of the imams of apostasy, they ruled upon them by their merely following the imams of apostasy, and their support for them in word, deed, and fighting with them, not because they tested their creed. For this has not occurred and has not been established from the aspect of transmission. For Ibn Taymiyya noted that the followers of Musailima were up to 100,000 or more, so how is it possible to clarify the creed of this number when they refrained from power being gained over them? Note also the followers of Tulaiha and Sajah and al-Anasi and others besides them: although there were among their supporters those who did not agree with their creed or even those not content with their deeds.
Also note the case of the noble companion Abu al-Tufail Aamer bin Wathila al-Laithi who was bearing the banner of al-Mukhtar bin Obeid al-Thiqfi the apostate claiming prophethood.
But this companion was ignorant of that, yet the presence of the likes of this noble companion did not prevent the companions- may God be pleased with them- from takfir of al-Mukhtar's sect and fighting them.
And Ibn Jarir al-Tabari (may God have mercy on him) mentioned what makes clear that some of the followers of Musailama admitted he was a liar, for he said: al-Sari wrote to me: he said: Shu'aib bin Sayf narrated to us on the authority of Khulaid bin Dhafra al-Nimri on the authority of Umair bin Talha al-Nimri on the authority of his father: that he came to the Yemeni lands and said: where is Musailama? They said: he is the Messenger of God! He said: No, until I see him. When he came to him, he said: Are you Musailama? He said: Yes. He said: Who comes to you? He said: Rahman. He said: Is it in light or in darkness? He said: In his darkness. So he said: I bear witness that you are a liar and that Muhammad is truthful, but a liar of rabi'a is more beloved to us than a harmful truthful person. So he was killed with him on the day of Aqraba'.
So we have what is apparent and God is responsible for the inner secrets, so the apparent thing is the one present with the sects of apostasy is that he is like them and he has the same ruling as they have in this world.
Al-Bukhari (may God have mercy on him) narrated on the authority of Omar bin al-Khattab (may God be pleased with him): that he said: 'Indeed people were being dealt with by the revelation in the time of the Messenger of God (SAWS), but now the revelation has been cut off. So indeed we deal with you now by what has appeared to us from your deeds.
So the one who has shown to us good, we secure him and are close to him, and we have no business with his inner secret. God will hold him accountable for his inner secret. But the one who has shown us evil, we do not secure him and we do not trust him, even if he says that his inner secret is one of good.'
The Sheikh of Islam Ibn Taymiyya (may God have mercy on him) said: 'And the sect, when it supports each other, such that they have become those who refrain, they are jointly participating in reward and punishment...so the aides of the refraining sect and its supporters are of it in what is for them and upon them...because the one sect that refrains through each other is like the one person.'
Therefore the individuals in the apostate refraining sect, are to be dealt with as the apostate, so they are to be killed wherever they are found, and they are to be pursued from behind, and it is to permitted to kill their prisoners and wounded, and they are not to inherit or to grant inheritance and they are not be prayed for, and they are not to be buried in the graves of the Muslims, and they are not to marry the women of the Muslims, and they are not to gain authority over a Muslim, and no one is to be established upon their apostasy.
So according to all of the preceding the renegade Hay'a is a sect of apostasy and the individuals of the apostate sect in general are of two kinds: the one undertaking kufr, or the one who is a helper to the one undertaking kufr.
So whoso is undertaking the kufr, repentance is not to be accepted from him unless he admits the state of affairs he was upon and disavows it in seeking repentance to God the Exalted.
And whoso is helper the one undertaking, it suffices for him only to abandon as per what is correct, as the Sheikh of Islam Ibn Taymiyya discussed in al-Sarim al-Maslul.
This is so and after what we have made clear from the ruling on this renegade sect, I disavow it to God, and whoso is affiliated with it, and whoso has fought with it, and whoso allies with it, and whoso helps it, and whoso supports it, and whoso abets it in its kufr. And I call on its soldiers to reflect on it, and what it has come to, and what it has come upon, so they should leave it, and repent sincerely to God, before power is gained over them, for if the armies of the monotheists gain power over them, there is no repentance for them, and no forgiveness for them. And we warn the Muslims to avoid them, and to keep away from the centres of their distribution, and their bases, and their barracks, and their checkpoints, and their guards, and their convoys, lest there should strike them what strikes the people of disbelief and apostasy from targeting with IEDs, or silencers, or explosive vehicles and the like.
And I warn the one who has a son, brother, spouse or friend in this renegade hay'a and is considered for their affair, to call on him to abandon it, and to disavow it, and to keep away from it, and to stick to his home.
For there is no valid excuse after this statement for the one it reaches.
Oh God have I conveyed? Oh God bear witness.
Oh God have I conveyed? Oh God bear witness.
Oh God have I conveyed? Oh God bear witness.
This is so and what was has been correct is from God alone, and whatever is of error or forgetfulness, and it is from me and from Satan, and God and His Messenger are innocent of it, and praise be to God the Lord of the Worlds.
Index of Contents
First: Hay'at Tahrir al-Sham: What is Its Essence?: 9
Second: The Shari'i Characterisation of the Hay'a Sect: 15
Third: Responding to Those Who Have Depicted Us as Kharijites or Extremists: 77
Fourth: Conclusion of Our Words on the Hay'a as a Sect, and the Ruling on Its Soldiers and Followers: 85
[i] Surat al-Ahzab: Verse 70.
[ii] Surat Al Imran: Verse 81.
[iii] Surat al-Ahzab: Verse 39.
[iv] Surat al-Nisa': Verse 77.
[v] Surat al-Ma'ida: Verse 67.
[vi] Narrated by Abu Dawud, and Ibn Habban, and ibn Majeh, and Ahmad, and al-Tirmidhi.
[vii] Surat al-Saffat: Verse 24.
[viii] That was in the series: 'Responses to Some Questions: Paragraph 20.'
[ix] Surat al-Baqara: Verse 111.
[x] Majmu' al-Fatawa.
[xi] In the series: 'Responses to Some Questions: Paragraph 20.'
[xii] From 3 to 7 are aforementioned violations.
[xiii] Brought out by ibn Majeh, and al-Tirmidhi and Ahmad, and it is authentic.
[xiv] Narrated by al-Bukhari and Muslim.
[xv] The 'Nour al-Din al-Zinki Battalion' was formed at the end of 2011 by the one called 'Tawfiq Shihab al-Din' in northwest Aleppo. Then it became a movement.
[xvi] External military room, whose base of leadership, coordination and issuing orders was directed by the U.S., France, Britain, Jordan and some of the Gulf states. It was formed in 2013 CE, and developed in 2014 CE, and it included a number of factions of the Free Army in Deraa, Quneitra, Damascus countryside and north Aleppo countryside.
[xvii] 'Jaysh al-Mujahideen': formed in the first month of 2014 CE, by order of the MOC room, in order to fight the Islamic State group at the time. And the foundational statement stipulated that clearly.
[xviii] The Shami Front composed of the 'Nour al-Din al-Zinki Battalions, Jaysh al-Mujahideen, the Islamic Front, Tajammu' Fastaqim Kama Urmita, Jabhat al-Asala wa al-Tanmiya, Ahrar al-Sham, Suqur al-Sham, Harakat Hazm, and others. All of them are false groups, that merged for a false purpose.
[xix] Syrian-Turkish military operations room formed on 15 July 2016 CE, launched by the Turkish government to support the Syrian opposition factions in their effort to fight the 'Dawla group' from north Syria region under Turkish cover and directive.
[xx] Harakat Ahrar al-Sham is one of the oldest Syrian formations, that appeared with an Islamic jihadist form in the beginning of its formation. Then it gradually declined and adopted the nullifiers and the various bases, among them: the statement of the political office of the aims of the movement: 'A civil democratic pluralistic state that guarantees the rights of the minorities,' and likewise its fighting the Muslims in the 'Dawla group' under the cover of the international coalition, then the 'Euphrates Shield operations room' and other bases of kufr.
[xxi] Hashim al-Sheikh (Abu Jaber): the previous leader of 'Harakat Ahrar al-Sham.' On 10 September 2014 CE, Abu Jaber was chosen as general commander of 'Harakat Ahrar al-Sham' after the killing of the leader of the Haraka.
[xxii] The founder of the 'Nour al-Din al-Zinki Movement' and its amir.
[xxiii] The founder of Liwa al-Ansar and its amir, then a Shari'i in Zinki, one of the components of Jaysh al-Mujahideen, and the Shami Front, then a member of the Hay'a Shura.
[xxiv] The Interim Government: it is a transitional government derived from the 'National Coalition' that believes in the principles of pluralistic democracy, and citizen, and equality, freedom of opinion, and the like.
[xxv] Surat al-Ma'ida: Verse 50.
[xxvi] Surat al-Nisa': Verse 60.
[xxvii] Surat al-Tawba: Verse 37.
[xxviii] Surat al-Ma'ida: Verse 51.
[xxix] Al-Mahla by Ibn Hazm.
[xxx] Surat al-Ma'ida: Verse 81.
[xxxi] 'So fight the imams of kufr. Indeed they have no faith. Perhaps they will cease.'
[xxxii] As we have made clear from the words of the official spokesman in their name.
[xxxiii] Surat al-Nisa': Verse 140.
[xxxiv] 'Shari'i Responses to the Shami Questions'- by Sheikh Abu Firas al-Souri (may God have mercy on him).
[xxxv] One of the legislators of Hay'at Tahrir al-Sham.
[xxxvi] One of the components of the Jund al-Aqsa group.
[xxxvii] Jaysh al-Nasr: an opposition military faction established in August 2015 CE.
[xxxviii] Surat Al Imran: Verse 28.
[xxxix] Tafsir al-Tabari.
[xl] In his tafsir.
[xli] In 'Zada al-Masir.'
[xlii] In 'Adwa' al-Bayan.'
[xliii] In the study 'Ruling on Accompanying the Convoys of the Turks and the Consolidation on the Rulings on Targeting Them.'
[xliv] In his book 'Kalimat Haqq.'
[xlv] As came in 'al-Dorar al-Sunniya.'
[xlvi] As came in 'al-Dorar al-Sunniya.'
[xlvii] Surat al-Ma'ida: Verse 80.
[xlviii] Surat Muhammad: Verse 28.
[xlix] And we will discuss this during our talk about the role of the Hay'a in the international agreements.
[l] Surat Al Imran: Verse 28.
[li] The Syrian National Army was established in January 2017 CE, after the 'Euphrates Shield' operation through which the factions of the Free Syrian Army- with Turkish support- seized the areas of Jarabulus, al-Bab and al-Ra'i.
[lii] Surat al-Nisa': Verse 141.
[liii] Surat al-Anfal: Verse 27.
[liv] Surat al-Mumtahina: Verse 10.
[lv] And that was through an official statement issued by 'Jaysh al-Nasr' in the beginning of the year, sending good wishes to its Christian brothers on their occasion and announcing a ceasefire on its front so they could celebrate their occasion.
[lvi] The Shi'a, the Druze, the Nusayris, the Ismailis, the Yezidis, the Baha'is, and Qadiyanis, and others besides them.
[lvii] Narrated by al-Bukhari from the hadith of Ibn Abbas.
[lviii] Muttafiq alayhi from the hadith of Abdullah bin Mas'oud.
[lix] Surat al-Ma'ida: Verse 44.
[lx] Surat al-Ma'ida: Verse 32.
[lxi] Narrated by al-Bukhari.
[lxii] Surat al-Ma'ida: Verse 50.
[lxiii] Surat al-Ma'ida: Verse 63.
[lxiv] Surat al-Zumar: Verse 32.
[lxv] Muttafiq alayhi.
[lxvi] Surat al-Ma'ida: Verse 44.
[lxvii] We have previously explained this in the display of our discussion about the Hay'a's support for the Idolatrous Army.
[lxviii] Surat Al Imran: Verse 21.
[lxix] Brought by al-Jisas, and al-Qurtubi, and Ibn Kathir in his tafsir.
[lxx] Surat Al Imran: Verse 21.
[lxxi] Surat al-Tawba: Verse 34.
[lxxii] Bayan al-Murtadd.
[lxxiii] Lil-Ilam bi-Qawati al-Islam
[lxxiv] Kifayat al-Akhyar fi Hall Ghayat al-Ikhtisar.
[lxxv] Al-Najm al-Wahhaj fi Sharh al-Manhaj.
[lxxvi] Kitab al-Adhkar.
[lxxvii] Asna al-Matalab.
[lxxviii] Mukhtasir al-Sarim al-Maslul by Ibn Taymiyya.
[lxxix] Al-Bahr al-Muheet fi al-Tafsir.
[lxxx] The International Security council convened on Friday 18 December 2015 a meeting in which it affirmed by consensus the project of the decision that the five permanent council members agree upon, following the end of the meeting of the international group to support Syria. And in it:
The International Scurity council:
1. Reaffirms its prior decisions about the situation in Syria, of numbers...
2. Affirms its strong compliance with the sovereignty, independence and unity of the Syrian Arab Republic, and its unity of territory, in accordance with the aims and principles of the UN charter.
3. Expresses its grave concern about the continual suffering of the Syrian people, and the dreadful deterioration in its humanitarian situation, and about the continual conflict and barbaric violence that results from it, and the negative impact of terrorism and violent extremist thought supporting terrorism, and the impact that the crisis bears towards destabilising the region and its surrounding, including the marked increase in the involvement of terrorists in the fighting in Syria, and the material destruction of the country, and the growing sectarianism. It also affirms that the situation will continue to deteriorate absent a political solution.
4. Reaffirms its demand for all sides to take the appropriate steps to protect the civilians including among them the people of the ethnic, religious and madhhabist groups, and it affirms in this context that the foundational responsibility falls upon the shoulder of the Syrian authorities in protecting the sons of its people.
5. Affirms that the sole lasting solution for the current crisis in Syria will only arise through a comprehensive political process with Syrian leadership that meets the legitimate aspirations of the Syrian people, within the aim of comprehensive implementation of Gene statement date 30 June 2012, as verified by decision no. 2118 for the year 2013, including the rise of a comprehensive transitional body, with complete executive competencies. Its formation is to be based on alternating mutual agreement, alongside the guarantee of the continuation of the work of the governmental foundations.
6. Encourages in this context the diplomatic efforts that the international group to support Syria has exerted to end the conflict in Syria.
7. Affirms the compliance of this group as it comes in the joint statement about the results of the discussions of multiple parties concerning Syria in Vienna on date 30 October 2015, and the statement of the international group to support Syria on date 14 November 2015 (which will be subsequently indicated in the Vienna statements), to guarantee a political transitional process with a Syrian leadership and owned by the Syrians, relying on the Geneva statement in its entirety. It also affirms the necessity of all sides in Syria to undertake work in an earnest and constructive sense to reach this aim.
8. Encourages all sides involved in the political process that the UN is facilitating to comply with the principles that the international group to support Syria has defined, including compliance with the unity, independence and territorial unity of Syria, and its non-sectarian nature, and guaranteeing the continuation of the work of the government foundations, and protection of the rights of all Syrians, regardless of ethnicity or religious affiliation, and guaranteeing the arrival of humanitarian aid throughout the country.
9. Encourages the meaning participation of women in the political process that the UN facilitates in Syria.
10. Keeping in mind the aim of including the widest spectrum possible of the opposition, which will be chosen by the Syrians and which will decide on its representatives to negotiate and put in place its negotiating positions in what enables the launching the political process. And it takes note of the meetings that have occurred in Moscow, Cairo and other places from the initiatives that seek to reach this aim, and it also notes in particular the benefit that arises from the meeting that occurred in Riyadh in the time between 9-11 December 2015, whose results contribute to preparation for the negotiations under the supervision of the UN concerning the political solution to the conflict, in accordance with the Geneva statement and the two Vienna statements. It also looks towards the definitive efforts that the special envoy to the secretary general for the UN to Syria will expend for this aim. So it:
1. Affirms its verification of the Geneva statement on date 30 June 2012, and affirms the two Vienna statements that aim to establish a comprehensive implementation of the Geneva statement through describing it as the foundation for the political transition that will be led and owned by the Syrians to put an end to the conflict in Syria. And he affirms that the Syrian people are the ones concerned with deciding Syria's future.
2. Asks the Secretary General through his commendable efforts, and through the efforts that the special envoy to Syria will expend, a call for the representatives of the Syrian government and opposition to enter into official negotiations concerning a political transition process on an urgent basis with a target date of the end of January 2016. The goal is to launch the discussions in accordance with the Geneva statement and in accordance with the statement of the international group to support Syria on date 14 November 2015, with the aim of undertaking a lasting political solution to the crisis.
3. Affirms the role of the international grouo to support Syria in describing it as the central platform to facilitate the efforts of the UN in realising a lasting political solution in Syria.
4. Expresses in this context its support for a political process with Syrian leadership facilitated by the UN and undertaking within six months the formation of a comprehensive and non-sectarian government that will enjoy credibility and put in place a timetable and work to put in place a new constitution. Also expresses its support for the undertaking of free and fair elections under the supervision of the UN with the agreement of the (new) government, in so far as it accords with the highest standards of transparency and international credibility with the participation of all Syrians, including those present in exile, suited to participation, as stipulated by the statement of the international group to support Syria on date 14 November 2015.
5. Affirms the close connection between the ceasefire and a parallel political process, in accordance with the Geneva statement of 2012, and that both initiatives must proceed forward in an immediate sense. And it expresses in this context its support for there to be a comprehensive ceasefire in Syria, which the international group to support Syria has committed to support through aid in its implementation, in that the scope of implementation enters as soon as the representatives of the Syrian government and opposition begin the first steps towards the process of political transition under the supervision of the UN, on the basis of the Geneva statement as stipulated by the statement of the international group to support Syria on date 14 November 2015, on the basis that should be completed urgently.
6. Requests the Secretary General to take responsibility for the leadership of the effort through the office of his special envoy for mutual consultation with the relevant parties to define the means and requirements of the ceasefire in addition to continuing to put in place the plans to support the implementation of the ceasefire. And it encourages the member states, and specifically the members in the international group to support Syria, to support and hasten all efforts to reach the ceasefire, including exerting pressure on the relevant parties to agree to this ceasefire and comply with it.
7. Affirms the need for the existence of a mechanism to monitor the ceasefire, and to be sure of it and to inform it, and requests the Secretary General to inform the Security Council regarding the options of this mechanism, which the council can support in the nearest time possible and in what does not exceed a period of one month from the date of the adoption of this decision. And it encourages the member states including the Security Council members to offer the aid including in that the relevant expertise and contributions to support this mechanism.
8. Affirms its call that comes in the decision no. 2249 for 2015 for the member states to prevent and suppress the terrorist acts committed by the Islamic State in Iraq and al-Sham (also known by the name of Da'esh) and Jabhat al-Nusra, and all individuals, groups and other entities connected with al-Qa'ida or the Islamic State organisation and other terrorist groups according to the classification of the Security Council or according to what is subsequently agreed upon by the international group to support Syria by affirmation from the Security Council. And that is accordance with the statement of the international group to support Syria on date 14 November 2015. They should also remove the safe haven that these groups have established over important parts of Syria. And it notes that the aforementioned ceasefire will not apply to the aggressive or defensive acts with regards to these individuals and groups and entities as stipulated by the statement of the international group to support Syria on date 14 November 2015.
9. Welcomes the effort that the Jordanian government has exerted to aid in putting in place a joint understanding within the international group to support Syria concerning the individuals and groups that can be defined as terrorist and will take into account immediately the recommendation of the international group to support Syria that aims to define the terrorist groups.
10. Affirms the need for all parties in Syria to take measures to build trust that contributes to the continuation of the political process and lasting ceasefire, and calls on all the states to use their influence with the Syrian government and Syrian opposition to proceed forward in the peace process, and procedures to build trust, and the steps adopted to reach the ceasefire.
11. Requests the Secretary General to inform the council as soon as possible in a period not exceeding a month from the date of the adoption of this decision regarding additional options for measures to build trust.
12. Calls on the parties to permit immediately the rapid and secure entry of humanitarian agencies without obstacles throughout Syria through the most direct paths, and to permit the immediate humanitarian aid to reach all the people who need it, especially in all of the besieged areas where it is difficult to reach, and to release all the detained people arbitrarily and especially the women and children. And it calls on the member states in the international group to support Syria to use their influence immediately to achieve these aims, and requests for the comprehensive implementation of decisions 2139 of the year 2014, 2165 of the year 2014, 2191 of the year 2014, and all the other adopted decisions.
13. Requests all the parties to stop immediately the launching of any attacks against civilians, and civilian targets, including the attacks on medical facilities and medical cadres and to stop any random use of weapons including bombing and aerial bombing. And it welcomes the compliance of the international group to support Syria to pressure the parties in this regard, just as it requests that all the parties to comply immediately with their commitments in accordance with international law including the international humanitarian law, and the internationally adopted law of human rights.
14. Affirms the paramount important of the urgent need to find conditions of safe and voluntary return for the refugees and IDPs to the original areas of their residence, and rehabilitating the damaged areas in accordance with international law, including the conditions implemented that come in the 'Agreement and Protocol Connected with the Situation of Refugees' and taking into consideration the interests of the countries that host the refugees. And it encourages the member states to offer the aid in this regard, and hopes to move forward to the London conference regarding Syria in February 2016, which will be hosted by the United Kingdom, Germany, Kuwait, Norway and the UN as an important contribution in this endeavour. It also expresses its support for a reconstruction and rehabilitation process for Syria after the conflict.
15. Requests the Secretary General to inform the Security Council regarding the course of implementation of this decision including the ongoing progress in the political process that the UN is facilitating, and that is to be within 60 days.
16. Determines that the issue should remain under its intense monitoring.
[lxxxi] Surat al-Shura: Verse 21.
[lxxxii] Tafsir of the Great Qur'an by Ibn Kathir.
[lxxxiii] UNICEF: UN organisation that works with the other UN organisations to make sure children progress per the international agenda (this is its definition from its official site).
[lxxxiv] In Sharh al-Ihya'.
[lxxxv] As has come from a numerous group of the Ahl al-'Ilm, among them al-Shihab al-Khafaji in his margin on the tafsir of al-Baydhawi.
[lxxxvi] The study is by the author, in which he discusses the Shari'i violations and the bases that give rise to kufr from the UN charter and human rights.
[lxxxvii] In al-Sarim al-Maslul.
[lxxxviii] In al-Fatawa al-Masriya.
[lxxxix] In Majmu' al-Fatawa.
[xci] Surat al-Nisa': Verse 76.
[xcii] Surat Ghafir: Verse 47.
[xciii] Surat al-Ma'ida: Verse 81.
[xciv] Surat Al Imran: Verse 28.
[xcv] Surat al-Mumtahina: Verse 1.
[xcvi] Surat al-Ma'ida: Verse 51.
[xcvii] Surat al-Qisas: Verse 8.
[xcviii] Surat al-Qisas: Verse 6.
[xcix] Surat al-Qisas: Verse 40.
[c] Surat al-Ahzab: Verse 67.
[ci] Surat al-Baqara: Verse 165.
[cii] Surat Ibrahim: Verse 21.
[ciii] Surat al-Furqan: Verse 27.
[civ] Surat Saba': Verse 61.
[cv] Surat al-Safat: Verse 23.
[cvi] Surat al-Safat: Verse 34.