Civilian casualties

In light of the moral indignation expressed by various factions over the inadvertent killing of civilians by the Israel Defense Forces in the process of ridding the world of the disease formerly known as Salah Shehade, I note the following excerpt from a fatwah by Sheikh al-Allaamah, ‘Abdullaah ibn ‘Abdur-Rahmaan ibn Jibreen on "aiding the Talibaan."

MISCONCEPTION No. 2

They say that: "among the victims were some, innocent and sinless"

Response to this is from several points of view:

1. Sa'ab bin Jathamah (may Allah be pleased with him) reported from that the Prophet was asked about the people in the homes of Mushrikun (Polytheist) when they are attacked at night and their women and children are affected, he said: "they are part of them".

So, this Hadith shows that women, children and all those the killing of whom is forbidden, when they are separate, it is permissible to kill them when they are mixed up with the fighters and it is not possible to separate. This is because they had asked the Prophet about the case which is "attacking at night", in which case it is not possible to differentiate, and he permitted them because "things may be allowed when they occur along the way but be forbidden when separate".

2. Also, Muslim commanders have always used Catapult when fighting the Kuffar (a kind of weapon that was used in the past when trying to break into an enemy camp which is fully fortressed - it destroys whatever it meets by its weight, i.e. something like a catapult - translator), and it is obvious that a Catapult when applied in a war does not differentiate between a fighter and others, hence it may afflict some those so-called 'innocent souls', but that not withstanding this is an established practice among Muslims in their wars.

Ibn Qudamah may Allah have mercy on him, said: "And it is permissible to use Catapult because the Prophet may the Salaat and Salaam be with him used Catapult on the people of Ta'if; and Amr bin al-As did the same to the people of Alexandria (Al-Mughniy, vol. 10, p503).

And Ibn al-Qasim said "it is permissible to use Catapult against Kuffar even if children, women and old men and monks are killed inadvertently, because 'Nikayah' (doing what will weaken the enemy) is allowed according to the consensus of Ulama. Ibn Rushd said: "'Nikayah' is permissible according to Ijama' and on any type of polytheists" (Al-Hashiyah ala' Ar-Raudh, vol. 4, p 271)

By the way, some have interpreted this fatwah as a justification for the terrorist attacks of last 9/11. Only God knows....