Scholars' rulings library

Rulings and sermon kits for the five cases

Publishes the Independent Scholars' Council's joint rulings and sermon kits for each of the five cases, with sources.

Used by: Scholars, imams, mosques and donors. Serves: Independent Scholars' Council, International Union of Muslim Scholars. In the plan from month 4.

The cases

Sermon kits

Where it stands

No joint ruling has been issued yet

The Independent Scholars' Council, a cross-school council of scholars, convenes in the plan's month 3 and issues its first joint rulings in month 5. They are published here, in full, with their sources and the names of the scholars who signed them.Until then this library holds the questions put to the Council, the texts it rules on, and sermon kits drafted for imams. Every one is a draft for the Council to review, not a ruling.

The questions

What the Council is asked, case by case

Palestine

Question put to the Council: The ICJ has ordered Israel to prevent genocide in Gaza and found the occupation unlawful, and the ICC has issued warrants. What do the Sharia and these rulings require of Muslim states, firms and believers who trade with, arm or finance the occupation?

The sources it rules on

Qur'an 5:32: “Whoever kills a person not in retaliation for a person killed, nor (as a punishment) for spreading disorder on the earth, is as if he has killed the whole of humankind, and whoever saves the life of a person is as if he has saved the life of the whole of humankind.”Qur'an 22:40: “(They are) the ones who were expelled from their homes without any just reason, except that they say “Our Lord is Allah.””Qur'an 5:2: “Help each other in righteousness and piety, and do not help each other in sin and aggression. Fear Allah. Surely, Allah is severe at punishment.”Sahih al-Bukhari 2442: “A Muslim is the brother of a Muslim: he does not wrong him, nor hand him over to the one who wrongs him. (In meaning)”

Qur'an 5:32 Qur'an 22:40 Qur'an 5:2 Sahih al-Bukhari 2442

Sudan

Question put to the Council: UN investigators found the hallmarks of genocide in Darfur. What is the duty of Muslim states and traders whose gold, arms and money keep the RSF fighting, and how is 49:9 applied when both armed sides are Muslim?

The sources it rules on

Qur'an 49:9: “If two groups of the believers fight each other, seek reconciliation between them. And if one of them commits aggression against the other, fight the one that commits aggression until it comes back to Allah’s command. So if it comes back, seek reconciliation between them with fairness, and maintain justice.”Qur'an 4:75: “What has happened to you that you do not fight in the way of Allah, and for the oppressed among men, women and children who say, “Our Lord, take us out from this town whose people are cruel, and make for us a supporter from Your own, and make for us a helper from Your own.””Sahih al-Bukhari 2444: “Help your brother, whether he is an oppressor or oppressed — and you help the oppressor by stopping him from oppressing. (In meaning)”Sahih Muslim 2586: “The believers in their love, mercy and compassion for one another are like one body: when one limb aches, the whole body responds with sleeplessness and fever. (In meaning)”

Qur'an 49:9 Qur'an 4:75 Sahih al-Bukhari 2444 Sahih Muslim 2586

The Rohingya

Question put to the Council: The Gambia, a Muslim state, brought Myanmar to the ICJ and won binding provisional measures. Is it obligatory on other Muslim states to join the case, enforce the measures and protect the camps?

The sources it rules on

Qur'an 22:39: “Permission (to fight) is given to those against whom fighting is launched, because they have been wronged, and Allah is powerful to give them victory.”Qur'an 8:72: “If they seek your help in the matter of faith, then, you are bound to help, except against a people with whom you have a treaty.”Qur'an 4:75: “What has happened to you that you do not fight in the way of Allah, and for the oppressed among men, women and children who say, “Our Lord, take us out from this town whose people are cruel, and make for us a supporter from Your own, and make for us a helper from Your own.””Sahih Muslim 2586: “The believers in their love, mercy and compassion for one another are like one body: when one limb aches, the whole body responds with sleeplessness and fever. (In meaning)”

Qur'an 22:39 Qur'an 8:72 Qur'an 4:75 Sahih Muslim 2586

The Uyghurs

Question put to the Council: UN findings of possible crimes against humanity in East Turkistan exist, and goods made with Uyghur forced labour are sold in Muslim markets. Is it permitted to buy, import or invest in them, and what do Muslim states owe the Uyghurs?

The sources it rules on

Qur'an 85:8: “They punished them for nothing but that they believed in Allah, the All-Mighty, the Worthy of All Praise.”Qur'an 5:2: “Help each other in righteousness and piety, and do not help each other in sin and aggression. Fear Allah. Surely, Allah is severe at punishment.”Sahih al-Bukhari 2442: “A Muslim is the brother of a Muslim: he does not wrong him, nor hand him over to the one who wrongs him. (In meaning)”Sunan Abi Dawud 4344: “The best jihad is a word of justice before a tyrant ruler. (In meaning)”

Qur'an 85:8 Qur'an 5:2 Sahih al-Bukhari 2442 Sunan Abi Dawud 4344

India's Muslims

Question put to the Council: The warning signs of persecution in India are on record. What does the Sharia require now, before any killing — of India's Muslims, of Muslim states that trade with India, and of believers abroad?

The sources it rules on

Qur'an 4:135: “O you who believe, be upholders of justice - witnesses for Allah, even though against (the interest of) your selves or the parents, and the kinsmen.”Qur'an 5:8: “Malice against a people should not prompt you to avoid doing justice. Do justice. That is nearer to Taqwā.”Qur'an 57:25: “We have indeed sent Our messengers with clear proofs, and sent down with them the Book and the Balance, so that people may uphold equity. And We sent down iron in which there is strong power.”Sahih Muslim 49: “Whoever of you sees a wrong, let him change it with his hand; if he cannot, then with his tongue; and if he cannot, then with his heart — and that is the weakest of faith. (In meaning)”

Qur'an 4:135 Qur'an 5:8 Qur'an 57:25 Sahih Muslim 49

Sermon kits (drafts)

A khutbah for each case

An opening verse, three points and a call to act. Imams adapt them to their own congregation.

Palestine: Do not help in aggression

Opening: 5:2 — help each other in righteousness, not in sin and aggression.1. A life is the whole of humankind (5:32): Gaza's dead are not a number.2. The courts have ruled. The duty now is not to help in the aggression: not with arms, oil, money or trade with the settlements.3. Every believer has a hand to use (Muslim 49): what you buy, who you vote for, what you ask your government.Close with du'a for the oppressed, and for the courage to act.

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Sudan: Stop the aggressor, then reconcile

Opening: 49:9 — if one group commits aggression, stop it until it returns to Allah's command.1. El Fasher's people are our own body (Muslim 2586).2. Helping the oppressor means stopping him (Bukhari 2444): the gold that leaves Sudan pays for the guns.3. Our part: refuse RSF gold, press the states that ship the arms, and feed the hungry.Close with du'a for the oppressed, and for the courage to act.

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The Rohingya: Bound to help

Opening: 8:72 — if they seek your help in faith, you are bound to help.1. They were driven from their homes for saying “Our Lord is Allah” (22:40).2. One small Muslim state took Myanmar to court. The rest of us have not yet stood beside it.3. Our part: ask your government to join The Gambia v. Myanmar, and give to the camps.Close with du'a for the oppressed, and for the courage to act.

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The Uyghurs: Punished for believing

Opening: 85:8 — they punished them for nothing but that they believed in Allah.1. Mosques closed and prayer forbidden: the People of the Ditch again.2. Buying what forced labour made is helping in aggression (5:2).3. A word of justice before power is the best jihad (Abu Dawud 4344): Muslim states have kept silent.Close with du'a for the oppressed, and for the courage to act.

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India's Muslims: Witnesses for justice

Opening: 4:135 — be upholders of justice, witnesses for Allah, even against yourselves.1. Early warning is a duty: change the wrong while it is still small (Muslim 49).2. Justice for India's Muslims is justice for every citizen of India (5:8).3. Our part: document each stage, support the legal-aid groups, and press the bodies that can act.Close with du'a for the oppressed, and for the courage to act.

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Rulings and sermon kits for the five cases

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What the Council is asked, case by case

A khutbah for each case

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