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taken from http://www.azzam.com/

Fatwa of Sheikh Hammoud Al-Uqlaa' on the Taliban  

Sheikh Hammoud Al-Uqlaa' Ash-Shuaibi is one of the
senior-most and leading scholars in the Arabian
Peninsula. He lives in the city of Buraydah in the
Qaseem region of the Arabian Peninsula and is
currently in his mid-eighties. He is one of the many
teachers of Sheikh Salman Al-Awdah (also from
Buraydah, who was imprisoned by the Saudi Regime from
1994 to 1999) and is well-known for speaking the Truth
under all circumstances. May Allah protect him.

This fatwa was issued by the Sheikh on 2 Ramadan 1421
AH/ 29 November 2000 in response to American threats
to impose new sanctions against the Taliban for their
failure to curb 'terrorism'.

The Muslims are encouraged to distribute this fatwa
everywhere over the Internet (avoiding Spam mail), fax
and by printing it out and putting it up in mosques,
Islamic centres and prayer rooms providing relevant
permission is obtained.

Printable versions: 

ENGLISH
Download entire fatwa in Word document format ARABIC
Download Page 1 View Page 1
Download Page 2 View Page 2
 

ENGLISH

--------------------------------------------------------------------------------

In the Name of Allah the Most Merciful the Most Kind

Fatwa on the Shariah Implementation of the Taliban
Government in Afghanistan

by His Excellency, Sheikh Hammoud bin Uqlaa'
Ash-Shuaibi
2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem,
Arabian Peninsula 

Question:

"Some people hold doubts about the Shariah
implementation of the Taliban Government in
Afghanistan. What is the reality regarding this
government? We request from you a comprehensive answer
backed up by evidences. May Allah protect you."

Answer:

Praise be to Allah, Lord of the Worlds, and Peace and
Blessings be upon our Prophet Muhammad, upon his
family and his companions altogether. As for what
follows:

Indeed to determine the implementation or rejection of
Shariah by a country depends on a number of factors:

Firstly:

Its legislation by the Book of Allah and the Sunnah of
His Messenger (SAWS) in all the branches of ruling and
other than it in other worldly dealings.

Secondly:

Indeed one of the most important components of a
country is its control of land. It is well-known that
the Taliban Government has over 95% of Afghanistan
under its control.

Thirdly:

That its relations and dealings with other countries
are established on the basis of the Noble Deen.

The Taliban Regime in Afghanistan has been proven to
fulfil these factors, so it is the only country in the
World in which there are no man-made laws and
legislations. Rather, indeed its legislation is
established on the Shariah of Allah and His Messenger
in the Courts of Law, in the ministries, in the
governmental circles and in other establishments.

As for the Muslim countries other than Afghanistan,
amongst them are those which legislate with man-made
laws in their totality and amongst them are those who
contain Courts of Law which are man-made in their
totality, but under the label of the Shariah of Allah
and His Messenger (SAWS). Even the vast proportion of
the rulings in the so-called 'Shariah' Courts in these
countries are based on man-made institutions and
legislative acts, so in reality there is no difference
between this type of ruling and the ruling of man-made
laws except by name.

Amongst the evidences that the Taliban Government is a
Shariah Government is the fact that the disbelieving
countries who are enemies of Islam and the Muslims are
hostile towards it, have imposed an economic boycott
on it, isolated it and tightened their grips on it for
no reason other than its adherence to the Deen of
Islam.

Furthermore, military strikes are about to be carried
out on Afghanistan just like America attacked it with
Cruise Missiles in 1998. At the same time, these same
disbelieving countries continue to support the
Opposition Northern Alliance (of Ahmad Shah Masood)
with funds, weapons and advisors. This itself is clear
evidence on the Shariah implementation of the Taliban
Government and that they are upon Truth in their
fighting against the Northern Alliance. In addition,
the failure of the disbelieving nations to recognise
the Taliban Regime as a nation and a government
further removes any doubt in the Shariah
implementation of the Taliban Government.

Amongst other reasons that point to the fact the
Taliban Government is a Shariah Government is the fact
that it fulfils certain criteria as mentioned earlier,
with the exception that it is in urgent need of
financial assistance due to its limited financial
resources. Therefore we appeal to our Muslim brothers
and sisters around the World to assist it with
financial and material means and to support it with
their media capabilities because the enemies of Islam
and their agents have deceived and misguided most of
the people until they have become confused as to
whether this is a Muslim Government or not. 

At this time, the Taliban Regime remains in a state of
warfare against its opposition, the Northern Alliance,
so Jihad with it is ordained by the Shariah because
Jihad with the Taliban is against the Northern
Alliance which is being funded by the forces of
Disbelief like America, Britain and Russia and others
who are calling for a broad-based government in
Afghanistan established upon a Western legislative
system. Since the situation is like this, then indeed
it is obligatory to assist the Taliban Regime and to
make Jihad with it in order to bring victory to Islam
and in order to cooperate upon all acts of piety and
fear of Allah, as Allah (SWT) says in the Quran: "And
cooperate with one another in all acts of piety and
the fear of Allah…" [Quran 5:2]. In addition, the
Messenger of Allah (SAWS) said: "The similitude of the
believers in their mutual love, mutual feelings and
mutual relations is like a single body: if one part of
it is in pain, the entire body feels discomfort." He
also said (SAWS): "A Muslim and his fellow Muslim is
like a building, one part of which supports the other
(whilst interlocking his fingers)."

And from the greatest qualities further proving the
validity of the Muslim Taliban Government are:

Its efforts to support the Mujahideen and defend them
against their enemies. This has been witnessed in this
government. 
It does not contain any forms of media which are
forbidden in the Shariah. 
Indeed it is adamant, sincere and honest in its
efforts to implement Shariah from its establishment of
the Islamic Penal Code (hudood) to forbidding open
acts of disobedience to Allah and His Messenger,
meting out suitable punishments for them and
Islamicising education and media. 
Indeed it is the only country in the World which is
striving for women's rights according to the Shariah
and not according to the ways of the Secularists who
encourage the women to display their beauty, cast off
their hijabs, mix freely with men, drive cars alone
and other things like that. 
It is the only country in the World which has a
separate ministry by the name of the Ministry to
Encourage Good and Forbid Evil. 
To conclude…

Just as we pray for the Taliban Government for ability
and guidance from Allah, we also appeal to them to
remain firm and steadfast upon these aforementioned
great Islamic qualities and to hold fast to the Book
of Allah (SWT), the Sunnah of His Messenger (SAWS) and
the ways of the Salaf-us-Saalih (Pious Predecessors)
and that they do not worry about pressure and
intimidation from the disbelieving countries and
others like them. Allah (SWT) says in the Quran: "And
whosoever fears Allah, He will make for him a way out
(from every difficulty) and provide for him from where
he could never have imagined…" [Quran 65:2-3] and "And
whosover fears Allah, He will provide for him a
solution to all his affairs…" [Quran 65:4] and "And
the end will belong to the Allah-Fearing…" [Quran
7:128].

For them is an example in the Messenger of Allah
(SAWS) and the Muslims with him when they were
boycotted by the Quraish to the valley on the
outskirts of Makkah in an attempt to prevent them from
establishing Allah's Deen, but the end belonged to the
Allah-Fearing. We also appeal to the other Muslim
countries to follow in the footsteps of the Taliban in
the implementation of Shariah in respect to all worldy
dealings in judgements, media, economics, internal and
foreign politics, women's affairs and education and
that they do not blindly follow the West in its
anti-Islamic and misguided ways and policies.

And all ability is from Allah (SWT) and peace and
blessings be upon our Prophet Muhammad, his family and
companions altogether.

Written by His Excellency, the Sheikh, the Teacher
Hammoud bin Uqlaa' Ash-Shuaibi

2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem,
Arabian Peninsula

 



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