The leading Islamic scholar in Gaza, Professor Dr. Salman al-Dayah, has issued a rare and powerful fatwa condemning Hamas’s October 7, 2023, attack on Israel. As a respected former dean of the Faculty of Sharia and Law at Gaza’s Islamic University, Dr. Dayah’s legal opinion holds significant weight in the region, where the majority of the population is Sunni Muslim.
What is a Fatwa?
A fatwa is a non-binding legal opinion issued by a religious scholar based on the Quran or the Sunnah (the sayings and practices of Prophet Muhammad (SAW)). Dr. Dayah’s fatwa, which spans six pages, criticizes Hamas for violating the principles of jihad. He asserts that if the conditions for jihad are not met, it should be avoided to prevent harm to people’s lives, urging the political leaders to have prevented such an attack.
For Hamas, the fatwa is a serious rebuke, especially given that the group often uses religious arguments to justify its attacks on Israel, seeking support from Muslim communities. On October 7, hundreds of Hamas gunmen attacked southern Israel, resulting in the deaths of approximately 1,200 people and the abduction of 251 others. In retaliation, Israel launched a military campaign against Hamas, which has led to the deaths of over 43,400 people in Gaza, according to the Hamas-run health ministry.
October 7 attack directly contradicts Islamic teachings
Dr. Dayah argues that the attack directly contradicts Islamic teachings, citing the extensive civilian casualties, the destruction of infrastructure, and the ongoing humanitarian crisis. He claims that Hamas failed to protect Palestinian civilians and provide for their security, health, education, and essential supplies.
Pointing to Quranic verses and the Sunnah, Dr. Dayah emphasizes that jihad must not provoke excessive retaliation and should never harm non-combatants. He asserts that Islamic law requires that military actions should not bring harm disproportionate to their intended benefits. Furthermore, Muslim leaders are tasked with ensuring the well-being of civilians, including providing them with food, medicine, and shelter. “Human life is more precious to God than Mecca,” Dr. Dayah remarks.
Fatwa on October 7 carries significant weight
Dr. Dayah’s opposition to Hamas’s actions carries significant weight due to his influential position in Gaza, where he is regarded as a key religious figure and critic of Islamist movements like Hamas and Palestinian Islamic Jihad. His moderate Salafist beliefs put him at odds with Hamas’s militant approach and its ties to Iran. Salafists adhere strictly to the example of Prophet Muhammad and the first generations of Muslims.
Dr. Dayah has long advocated for an Islamic caliphate governed by Islamic law, rejecting political party-based systems. He has also condemned extremist groups like ISIS and al-Qaeda and used his platform to issue fatwas on a wide range of issues, from social disputes to political violence.
This fatwa adds to the growing debate within Gaza and the Arab world about the morality and legality of Hamas’s actions and is likely to deepen divisions within Palestinian society over the use of armed resistance in the ongoing conflict with Israel.
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