А prominent Islamic scholar in the Gaza Strip has issued an atypical and strong fatwa condemning the October 7, 2023 Hamas attack on Israel that sparked the war in the enclave.

Prof. Dr. Salman al-Dayah, former dean of the Faculty of Sharia and Law at the Hamas-affiliated Islamic University of Gaza, is one of the region’s most respected religious authorities, so his legal opinion carries considerable weight among Gaza’s population of two million. the Palestinian Territory, which is made up mostly of Sunni Muslims.

A fatwa is a non-binding Islamic legal ruling by a respected religious scholar, usually based on the Qur’an or the Sunnah – the sayings and practices of the Prophet Muhammad.

Hamas has violated the Islamic principles of jihad

Dr. Dayah’s fatwa, published in a detailed six-page document, criticized Hamas for “violating Islamic principles governing jihad,” ie. the internal spiritual struggle and that against the enemies of Islam.

“If the pillars, reasons or conditions of Jihad are not fulfilled, it should be avoided so as not to destroy people’s lives. This is something that is easily guessed by the politicians of our country, so the attack should be avoided,” the professor believes.

For Hamas, the fatwa represents a disturbing and potentially damaging criticism, especially given that the group often justifies its attacks on Israel with religious arguments to win support from Arab and Muslim communities. In the October 7 attack, hundreds of armed fighters from the Gaza Strip invaded southern Israel. About 1,200 people were killed and 251 others were taken hostage in the enclave. In response, Israel launched a military campaign to destroy Hamas, during which more than 43,400 people have already been killed in Gaza, according to figures from the Hamas-run Health Ministry.

Dr Dayah argued that the significant number of civilian casualties in Gaza, along with the destruction of civilian infrastructure and the humanitarian catastrophe that followed the October 7 attack, meant that it was in direct conflict with the teachings of Islam. According to him, Hamas has failed in its obligations to “keep the militants away from the homes of defenseless civilians and their shelters and to ensure security and safety as much as possible in the various aspects of life… security, economy, health and education , as well as to keep sufficient supplies for them’.

The professor points to verses from the Qur’an and Sunnah that set strict conditions for waging jihad, including the need to avoid actions that provoke an excessive and disproportionate response from the adversary. His fatwa emphasized that, according to Islamic law, a military incursion should not provoke a response that exceeds the intended benefits of the action.

It also emphasizes that Muslim leaders have a duty to ensure the safety and well-being of non-combatants, including by providing food, medicine and shelter to those not engaged in combat. “Human life is more precious to God than Mecca,” declared Dr. Dayah.

What is the influence of Prof. Dr. Dayah?

In the Gaza Strip, he is seen as a key religious figure and a fierce critic of Islamist movements, including Hamas and Palestinian Islamic Jihad.

His moderate Salafi beliefs put him in direct opposition to Hamas’s approach to armed resistance and its ties to Shiite-ruled Iran. Salafis are fundamentalists who seek to follow the example of the Prophet Muhammad and the first generations who followed him.

Dr. Dayah has consistently advocated the creation of an Islamic caliphate that adheres strictly to Islamic law, rather than to systems based on political parties, a solution supported by Hamas. “Our role model is Prophet Muhammad who founded a nation and did not create political parties to divide the nation. That’s why parties in Islam are forbidden,” he said in a sermon he delivered in a mosque a few years ago, the BBC recalled.

The scholar also condemned extremism, opposing jihadist groups such as the Islamic State and al-Qaeda.

Prof. Dr. Dayah refused to leave his home in the northern Gaza Strip, despite the Israeli military’s constant evacuation orders for civilians as they cleared the area of Hamas structures.