“ The Prophet (صلى الله عليه وسلم) said in an authentic hadeeth,
collected by Imaam al-Bukhaaree in his Saheeh:
(( مَن قَتَلَ مُعاهَداً لَم يَرِحْ
رَائِحَةَ الجَنَّةِ ، وَ إِنَّ رِيْحَهَا تُوجَدُ مِن مَسِيرَةِ أَرْبَعِينَ
عاماً ))
"Whoever
kills a person who is under an agreement or treaty (with the Muslims), he will
not smell the fragrance of Paradise, even though it's fragrance can be found
from the distance of 40 years away." [1]
And in another
narration:
(( حَرَّمَ اللهُ عَليهِ الجَنَّة ))
"Allaah has forbidden for him Jannah."
And Shaykhul-Islaam
Ibn Taymiyyah (رحمه الله تعالى) said that the blood of the Kaafir is protected by one
of four things:
1) he
accepts Islaam
2) he
is a non-muslim living in the lands of the Muslims (dhimmee)
3) he
is from a country which has a treaty with the Muslims
4) he
is given Amn, or an assurance of safety and protection by a Muslim
And the Prophet (صلى الله عليه وسلم) said:
(( ذِمَّةُ المسلِمينَ وَاحِدَةٌ ،
فَمَن أَخْفَرَ مسلِماً فَعَليهِ لَعنَةُ اللهِ وَ المَلاَئِكَةِ وَ النَّاسِ
أَجمَعِين ))
"The
assurance of protection of the Muslims is one, so whoever betrays the assurance
of protection and safety of another Muslim, then upon him is the curse of
Allaah, and (the curse) of the Angels, and (the curse) of all the people."
al-Haafidh Ibn Hajr (رحمه الله) explained: "His saying 'The assurance of
protection of the Muslims is one', means that their giving an assurance
of safety and security is correct (and binding). So if one of them gives Amn
to a Kaafir, then it is haraam upon anyone else to harm
him…"
So – as Shaykh
Taariq as-Subay’ee explains - if even one of the Muslims gives Amn
to a non-Muslim, even if that Muslim is a man or a woman, a free man or a
slave, or a person is given Amn by the authorities of a Muslim land
through diplomatic agreements or by giving him a visa to enter that land – that
person has an assurance of safety and protection from every
Muslim. It is totally haraam
for any Muslim to harm him. And the person, - the Muslim
-, who does, falls under the curse of Allaah, the Angels, and all of the
people.
But yet we find many of
these people who blow up housing complexes, attack embassies, and kill those
who have been given Amn by the country that they live and work in, they call
this Jihaad!? They make shedding
the blood of those who have been promised safety and security lawful,
and they make breaching agreements, deceit, and treachery lawful! And they call this Islaam and they call
this Jihaad?!!
Rather this is
the way of the Khawaarij (and those who follow their way from the
groups and parties). ” [2]
[2] Originally from Khutbah
notes for a khutbah delivered June, 2004 in Masjid al-‘Uthmaan (Kuwait City) under the
auspices of the Ministry of Awqaaf (Kuwait), with guidance and advice from Shaykh
Taariq as-Subay’ee. Edited for the events in Libya (11 Sept., 2012) as a
reminder.
