The Sharia (Islamic Law) and the Distinction between the Right of the Oppressed to defend themselves, and the Act of aggression against a "Musta’man"

  • | Tuesday, 10 October, 2023
The Sharia (Islamic Law) and the Distinction between the Right of the Oppressed to defend themselves, and the Act of aggression against a "Musta’man"

     The Sharia (Islamic Law) establishes a clear distinction between the right of the oppressed to defend themselves and their lands on the one hand, and the act of aggression against a “Musta’man”, on the other. According to the long-established juristic tradition in Islam, a Musta’man is a covenantee; namely, an individual permitted by the authorities to visit the state through a visa, which is regarded as a covenant of protection, honorable treatment, and safety.
Islam does not allow any kind of aggression against any person granted a visa by the government, as this visa confers upon them the entitlement to protection and honorable treatment. Being admitted to the country necessitates the entire society to ensure the safety of and collaborate in safeguarding those so admitted, whether they are Muslims or non-Muslims. According to the Islamic juristic tradition, such a person is referred to as a “Musta’man or Mua’ahad” (a convenantee).
Allah, the Almighty, addressed the Prophet (PBUH) in the Qur’an saying, “And if anyone from the polytheists asks for your protection O Prophet, grant it to them so they may hear the Word of Allah, and then escort them to a place of safety, for they are a people who have no knowledge.” (Qur’an, 9: 6). This glorious Qur’anic verse stresses the prohibition of attacking the Musta’mans, namely, all persons who enters a country under its own laws and regulations, including foreign students, ambassadors, merchants, tourists, etc.
There exist numerous authentic Islamic texts that articulate this principle. One of these is the saying of the Prophet (PBUH): “If a man grants protection to someone regarding his life, then he kills him, I shall disassociate myself from the killer even if the killed was a non-Muslim.” (Reported by Ibn Hibban)
Therefore, Al-Azhar Global Center for Electronic Fatwa strongly warns of following extremist ideologies that have an adverse impact on the stability and security of the society. We beseech Allah, the Almighty, to safeguard us and our country against any mischief.  
And we ask Allah to shower His Peace and Blessings upon Prophet Muhammad, his family, companions and followers. Praise be to Allah.

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