10-27-2004, 08:09 PM
Bismillah
as salam Alykom
I received this very informative fatwa on an email, thought to translate it and share it with my brothers and sisters
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<b>Difference between the status of deliberate and accidental killing
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<b>The question is : Lately much discussion has been going around who to be killed deliberately in the coarse of Jihad and who would be killed accidentally withing Qital and jihad. We have a problem understanding the difference. Please can u explain to us this point?
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Praise be to Allah
Shari`a texts included categories of people who are granted protection within war and fighting (qital). Those are not allowed to be targets of any kind of harm or assault. Of such categories: A Muslim, non Muslims who are secured by virtue of a covenant, messengers carrying messages, old men, women and children and other categories of people who have nothing to do with war or fighting?
Although such categories are not to be deliberately targeted with any kind of harm during war, in certain cases they might be affected with the fire of war and fight accidentally not deliberately as follows:
1. When the invading enemy uses one of them as human shield while it becomes impossible to repel the aggression off the sanctities and countries except by killing the innocents taken as human shield, while killing them is less harmful than not responding to the aggression. In such case if they are killed the status would be an accidental killing and not deliberate.
2. When the enemy takes shield in a fortress, castle or a protected area that is difficult to open. In such case Muslims will be compelled to open fire on this place and thus if an innocent person living with them gets hurt, the case would be accidental not deliberate.
3. When war erupts among fronts of Daru Islam and Dar ulharb and kufr, when remote attacks are used such as air strikes, in some cases Muslims do live in Daru lharb and Kufr, in this case their killing will be considered accidental not deliberate in case they are hit by the fire of Mujahedden.
In case, a Mujahid targets a tyrant to kill and takes all necessary measurements not to harm an innocent. But as soon as the target appears, an innocent concurrently appears and gets hurt. In this case, this innocent is hurt accidental not deliberate.
4. Also, when an error occurs during firing that takes the missile off its original track to kill an innocent. This is also an accidental killing.
5. Other wise, apart from the previously mentioned cases, any innocent who gets killed during war is considered a deliberate not accidental killing regardless of the arguments. One who intentionally blows a whole building just to kill one fighting Kafir living in this building knowing already that residents include Muslims and innocents is deed a deliberate killing. And shall be burdened with their sin. Even if he claims that, he did not target those innocents but he only wanted the kafir living in the building. It is not accepted regardless of his noble aim and intention. Also one who sets a bomb near a children school just to kill one kafir knowing in advance that the bomb shall kill and harm the children. In such cases, the victims are killed deliberate and shall be shouldered with their sin regardless of what he claims simply because his actions are contrary to what he say.
I explained this matter in detail since I observed an elaboration on this area without any need for it that has to be balanced through rulings of Sharia. Adhering to the truth is one of the virtues of Mujahedeens.