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Non-Negotiable Defiance: Gaza’s Resistance Through a Legal Lens

By Bashir Abdul Latif April 24, 2025 87

All praise is due to Allah, the Most High, the One who says...( Those who have been attacked are permitted to take up arms because they have been wronged- God has the power to help them-) (Al-Hajj)

The weapon of resistance is neither a political choice nor a military luxury; rather, it is a fundamental principle rooted in both legality and reason dictated by the nature of the struggle against the occupying enemy. In steadfast Gaza, this truth is clearly manifested, as armed resistance has become the symbol of honor and survival, serving as the shield of a nation that is advancing in the face of the fiercest occupier known in modern history.

Firstly: The Legitimacy of Armed Resistance in Islamic Law:

Islamic law recognizes the right of the oppressed to defend themselves, their land, and their honor. Allah, the Almighty, said: (Fight in the cause of Allah ˹only˺ against those who wage war against you) (Al_Bqarah:190) The scholars have unanimously agreed that repelling aggression is one of the communal obligations (fard kifaayah), and it can become an individual obligation (fard 'ain) if the enemy occupies the land of Muslims, as is the case in Palestine.

Imam Ibn Taymiyya said: "When the enemy enters the lands of Islam, there is no doubt that it is obligatory to repel him by all the people of the land. Those who reside there must repel the enemy with whatever they are able to, and this is known as a necessity of the religion of Islam.

The resistance against the Zionist occupier is not just limited to the defense of the land, but it is also a defense of religion and faith; due to the aggression of this occupation against the sanctities of Muslims, foremost among them is Al-Aqsa Mosque, the first of the two qiblas and the night journey of the Prophet, peace be upon him.

Secondly: Gaza as a model of steadfastness and resistance:

Gaza has provided a practical lesson in the concept of steadfastness on core principles. It has not been swayed by settlement projects, nor has the ongoing sieges robbed it of its will. Despite starvation, bombardment, and blockade, Gaza has not relinquished its weapons, as they represent, for its people and its free individuals, a symbol of dignity and a means of liberation.

This steadfastness has a significant religious dimension, as neglecting the weapon of resistance is considered a betrayal of the trust, a betrayal of the blood of the martyrs, and a concession of a legitimate tool that God has prescribed to protect religion, life, and honor. The Prophet Muhammad (peace be upon him) said: "Whoever is killed defending their property is a martyr, whoever is killed defending their family is a martyr, whoever is killed defending their blood is a martyr, and whoever is killed defending their religion is a martyr" (Narrated by Al-Tirmidhi).

Thirdly: No negotiation on the fundamentals:

One of the most important constants of the nation is: the liberation of the land, the return of refugees, the non-recognition of the usurping entity, and the preservation of the resistance's weaponry. These are constants that cannot be negotiated or compromised, as they are tied to the foundations of religion and the objectives of Sharia.

History has taught us that anyone who negotiates their weapon is effectively negotiating their existence. The weapon of resistance is not just a tool for fighting, but it is a deterrent that prevents the enemy from intruding. It creates a balance of deterrence and gives a voice to justice that can be heard.

Some of the early generations said: "Whoever is content with disgrace in his religion, Allah will appoint over him one who does not fear Him nor show him mercy." Indeed, conceding to the abandonment of the weapon of resistance is considered a disgrace in religion, especially when the enemy only understands the language of power.

Read also: Resistance Weapon... A Power Equation at the heart of Negotiation

 

Fourth: The difference between resistance and terrorism:

Western media and some regimes attempt to distort the image of resistance and associate it with terrorism, but Islamic law distinguishes between legitimate jihad and forbidden terrorism. Jihad in the way of God is fighting against aggressors, whereas forbidden terrorism is the aggression against innocent, secure individuals. God Almighty has said: (And what is it with you? You do not fight in the cause of Allah and for oppressed) (An-Nisa:75) Indeed, Allah Almighty links jihad to the defense of the oppressed, as is the case for the people of Gaza who have been killed and whose homes have been destroyed for decades, having no support after Allah except for the weapon of resistance.

Fifth: The responsibility of the nation towards the weapon of resistance:

The duty of the Islamic nation today is not only to support the resistance with money and prayers, but also to defend its principles in all forums and stand against anyone who attempts to strip it of its weapons, criminalize it, or besiege it.

Just as jihad is considered a communal obligation (fard kifaya), supporting the mujahideen is a contemporary obligation (fard waqt). The Prophet Muhammad (peace be upon him) said: "Whoever equips a warrior in the path of Allah has indeed participated in the expedition, and whoever takes care of his family in his absence has indeed participated in the expedition." (Narrated by Bukhari and Muslim).

The weapon of resistance in Gaza has never been a burden on the nation; rather, it is its pride and ammunition, and it preserves its dignity in times of abandonment. From a legal standpoint, neglecting it is a neglect of a religious duty and a fundamental principle of survival. There are no negotiations on what God has imposed, no compromises on the blood of the martyrs, and no solutions built on disarming what is, in essence, a legitimate tool for defending the usurped rights.

We ask Allah the Almighty to protect the resistance of Gaza and its weapons, to strengthen the hearts of its people, and to prepare for the nation a matter of wisdom that will return it to its religion and dignity.

 

Read also: Hope for Gaza: Strength Through Support

 

 

Read the article in Arabic

Last modified on Thursday, 24 April 2025 07:45

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