Statements of Contemporary Scholars

Qamar uz Zaman (Jamia Binoria, Karachi) from fatwa no. 27937

In such a situation it is incumbent upon the rest of the Muslims that they impress upon the Muslim rulers the need to make efforts for the release of these oppressed Muslim brothers and they should also make personal efforts for this and if there arises a need for monetary help in this regard, they should not abstain from providing it. Nonetheless prayer should be made that they may be granted patience in the face of tribulation, steadfastness upon the religion of Islam and release from prison. And God is the Greater Knower of what is right.

Ebrahim Desai (Council of Muslim Theologians, South Africa) from an official fatwa

When Muslims are imprisoned unjustly, as is the case in Guantanamo, it is the Waajib duty of all the Muslims of the world to do whatever is in their capacity to free these oppressed brothers. Together with our efforts, it is our duty to continuously make du'aa for them.
Abdullaah ibn Jibreen (Riyadh, Saudi Arabia) from an offical fatwa dated 30 - 10 - 2002

We have to pray that Allah saves them and frees them from the imprisonment of the disbelievers, so whoever has the ability to pay the ransom until he completes their release then it is obligatory for him to strive for that. And whoever is not able to do that, then he has nothing upon him except prayer.

Abdal Hakim Murad (Centre of Middle Eastern Studies at Cambridge University) from BBC's Thought for the Day, 28 January 2005

Wrongful imprisonment is a great evil, and the law must provide for redress against those responsible. Yet the cry for justice is very different from a passion for revenge. Faith urges us to oppose cruelty, but it also has a voice, a poetic, more difficult, more troubling voice, which insists that we find ways in which justice can coexist with forgiveness.

Sulayman Al-Alwan (Qaseem, Saudi Arabia) from his article "America and the Detainees" (6th October 2002)

The history of true Muslims is full of such glorious traits: truth and loyalty, devotion and sincerity; distinct leaders that work to serve their people even if their thrones were the price to pay! They share their peoples' tragedies and hardships. That is level we should try to reach, and that should be the field of competition.

The obligation of freeing captives is a clear ruling in Islamic teachings; its evidences are abundant; the scholars have agreed concerning it and all the Muslims have concensus upon it.

Salman Al-Awdah (Qaseem, Saudi Arabia) from his article "Who Is There For Our Prisoners Of War?"

We must pray for the prisoners of war. They are our brothers. We must do this knowing that it is just a small fraction of the rights that they have over us.

We must feel a little bit of the pain, fear, and isolation that they are feeling. One of those prisoners wrote to his family in Kuwait: "We have reached our limit. We are on a hunger strike. We have run out of patience. They should either free us, sentence us, or kill us. We have no patience left for anything else."

We must keep in contact with official sectors, especially within the Gulf States, and make sure that pressure is being applied to get America to repatriate those prisoners so their cases can be decided by their own countries.

We must form commissions to keep track of their affairs from both a legal and a humanitarian perspective.

We must be generous in our financial support. Whether we use our money to secure the release of some prisoners, or use it to defend their rights and publicize their plight, it is the same. We must also help their families on their behalf. All of this is spending in the way of Allah. It is in performing these acts of good that we as Muslims should strive to outdo each other.

We must use the media continuously to keep their plight on the forefront of the people's minds. We must use it to create awareness of those whom we presently know little about, like all the prisoners wallowing in Pakistan and Afghanistan whose numbers we can only imagine. I, like many others here, know of Saudis whose whereabouts are unknown. They have neither been declared dead nor are they in Cuba. Only Allah knows their fate. Therefore, some immediate action must be taken by our officials and by the general public to find out what has happened to them and if possible guarantee their lives and repatriate them to their countries.

Finally, we must continue to be forward-looking. We need to wrestle with how to create a decent environment and a climate conducive to harnessing our people's energies correctly and in accordance with Islamic Law so we can guarantee them an honorable life, fulfill their needs, and help them find their way through life and triumph over its obstacles and difficulties.

Muhammad Alshareef (AlMaghrib Institute, Canada) from his Friday sermon, "Detain Injustice, Not our Fathers"

So many of us have been saved from the trials that are afflicting our brothers in this country and abroad. It is not acceptable for us to say, ‘it’s not my problem.’ No, with all our talents and with all our voices and with all our unity, we must stand up to champion the cause of anyone who is detained unjustly. Let Injustice be detained, not our Muslim brothers and fathers!


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