Istihlal
Encyclopedia
Istihlal is a term used in Islam
ic jurisprudence
, or fiqh
, to refer to the act of regarding some action as permissible, or halaal; the implication is that such a regard is an erroneous and improper distortion of Islamic law
. The word "istihlal" is derived as Stem X of the Arabic consonantal root ح-ل-ل meaning "to untie", "to solve", "to dissolve", "to open", "to release", etc.
The term "istihlal" came to prominence in the Western news media on 11 March 2005, the first anniversary of the Madrid bombing attacks of 2004
, when the Islamic Commission of Spain
(La Comisión Islámica de España) issued a fatwa
, or religious opinion, denouncing Osama bin Laden
and al-Qaeda
for engaging in istihlal with respect to the waging of jihad
through terrorism
, and the killing of women, children, and noncombatants.
The relevant passages from the fatwa are as follows:
Translated into English:
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, or fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
, to refer to the act of regarding some action as permissible, or halaal; the implication is that such a regard is an erroneous and improper distortion of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. The word "istihlal" is derived as Stem X of the Arabic consonantal root ح-ل-ل meaning "to untie", "to solve", "to dissolve", "to open", "to release", etc.
The term "istihlal" came to prominence in the Western news media on 11 March 2005, the first anniversary of the Madrid bombing attacks of 2004
11 March 2004 Madrid train bombings
The Madrid train bombings consisted of a series of coordinated bombings against the Cercanías system of Madrid, Spain on the morning of 11 March 2004 , killing 191 people and wounding 1,800...
, when the Islamic Commission of Spain
Islamic Commission of Spain
Islamic Commission of Spain is the legitimate representative organ of Islam and Muslims before the citizenship and the Administration for the representation, negotiation, signature and follow-up on the Islam - State agreements adopted in Law 26/1992....
(La Comisión Islámica de España) issued a fatwa
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
, or religious opinion, denouncing Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
and al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
for engaging in istihlal with respect to the waging of jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
through terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, and the killing of women, children, and noncombatants.
The relevant passages from the fatwa are as follows:
- Que según la Sharia, todo aquel que declara halal o permitido lo que Dios ha declarado haram o prohibido, como es matar a personas inocentes en atentados terroristas, se convierte en Kafir Murtadd Mustahlil, es decir en apóstata, por haber pretendido hacer halal (istihlal) el asesinato de inocentes, crimen que el Sagrado Corán y la Sunna del Profeta Muhammad, Dios le bendiga y salve, prohíben expresamente.
- En tanto que Osama ben Laden y su organización defienden la legalidad del terrorismo y pretenden fundamentarla en el sagrado Corán y la Sunna, están cometiendo delito de istihlal y se convierten ipso facto en apóstatas (kafir murtadd), que no deben ser considerados musulmanes ni ser tratados como tales.
Translated into English:
- That according to the ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, anyone who declares halaal, or permitted, what God has declared haraamHaraamHaraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
, or forbidden, such as the killing of innocent persons in terrorist attacks, turns into a KafirKafirKafir is an Arabic term used in a Islamic doctrinal sense, usually translated as "unbeliever" or "disbeliever"...
Murtadd Mustahlil, that is to say, an apostate, by having claimed to make halalHalalHalal is a term designating any object or an action which is permissible to use or engage in, according to Islamic law. The term is used to designate food seen as permissible according to Islamic law...
(istihlal) the murder of innocents, a crime that the Holy Qur'anQur'anThe Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
and the SunnahSunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
of the Prophet MuhammadMuhammadMuhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
(may God bless and save him) expressly forbid.
- Insofar as Osama bin Laden and his organization defend the legality of terrorism and claim to base it in the Holy Qur'an and the Sunnah, they are committing the sin of istihlal and become ipso facto apostates (kafir murtadd), who should not be considered Muslims nor be treated as such.
External links
- "Text of the Fatwa Declared Against Osama Bin Laden by the Islamic Commission of Spain." Translated into English by Liza Sabater.