In a significant religious declaration, one of Gaza’s leading Islamic scholars has issued a fatwa that denounces Hamas’s attack on Israel on October 7, 2023. This attack set off a catastrophic war in the Palestinian territories and has drawn intense scrutiny from various quarters. Professor Dr. Salman al-Dayah, a respected figure and former dean of the Faculty of Sharia and Law at the Hamas-affiliated Islamic University of Gaza, delivered this powerful legal ruling that challenges the actions of the militant group.
Dr. al-Dayah’s fatwa is particularly noteworthy given his influence among Gaza’s two million predominantly Sunni Muslim population. A fatwa is an Islamic legal opinion grounded in Sharia law, typically derived from the Quran or the Sunnah, the sayings of Prophet Muhammad.
In his six-page document, Dr. al-Dayah criticizes Hamas for breaching fundamental Islamic principles associated with jihad, which he defines as a struggle that must meet specific conditions to be justified.
He argues that without fulfilling these prerequisites, armed conflict should be avoided to prevent loss of innocent lives. According to him, failing to heed these principles meant that Hamas’s attack was not only misguided but also counterproductive.
The October 7 assault resulted in approximately 1,200 fatalities and 251 hostages taken from Israel, prompting a fierce military response from Israel that has since claimed over 43,400 lives in Gaza, according to reports from local health authorities.
Dr. al-Dayah emphasizes the moral obligation of leaders to safeguard non-combatants during conflicts. He cites Quranic teachings that prohibit actions provoking disproportionate retaliation from adversaries. Moreover, he argues that humanitarian needs should take precedence during warfare.
His opposition to this violent approach reflects broader tensions within Palestinian society regarding armed resistance and its moral implications. Dr. al-Dayah is known for his moderate Salafist stance, which starkly contrasts with the ideologies espoused by Hamas and other Islamist movements.
As debates continue within Gaza and across the Middle East regarding the legitimacy of armed struggle against Israel, Dr. al-Dayah’s fatwa may ignite further discussions about effective strategies for achieving peace while adhering to Islamic values.
In an era where religious interpretations can profoundly affect political realities, this decisive legal opinion serves as both a critique and a call for introspection within Palestinian factions as they navigate their complex relationship with violence and governance.
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