In light of Islamic law, what is the duty of individuals towards the Palestinian people, particularly those in Gaza and the West Bank, in the context of the ongoing conflict and the continuous actions of the occupying force that restrict access to essential resources like food and medicine? What is the Islamic legal opinion on the occupying administration’s intent to forcibly remove the people of Gaza from their land? What is the Islamic legal perspective regarding the occupying regime’s ongoing efforts to forcibly displace the people of Gaza from their land?

The steadfastness of Palestinians, particularly the people of Gaza and the West Bank, in holding on to their right and remaining in their land with patience and resilience, is both a religious duty and national necessity. It is a form of ribat [1]in the path of Allah, one that garners great reward and abundant divine recompense. The stubborn insistence of the occupying Israeli regime and their plans to forcibly relocate the people of Gaza and the West Bank, whether within the state or outside it, constitutes blatant injustice, irrefutable corruption, and a grave humanitarian crime in the eyes of Allah Almighty and all people. Allah Almighty has promised the perpetrators of such acts with destruction and victory to the oppressed. 

 

The ribat, patience, and jihad of the people of Gaza

Love for one’s homeland is an intrinsic value, and residing in it is a fundamental human right affirmed by all religions, legal frameworks, and cultural traditions since the beginning of time.  The Messenger of Allah (peace and blessings be upon him) taught us to protect our homeland and defend it with our lives, rather than lose its freedom, security, and resilience. He also taught us to continue to live in it at times of war and danger as this is the noblest form of jihad and ribat in the way of Allah Almighty and a form of worship that reaps manifold great rewards. Sahl Ibn Sa’ad al-Sa’dy (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings be upon him) said, “Ribat for a single day in the cause of Allah is better than this world and all that is in it” (Bukhari). Abu Huraira (may Allah be pleased with him) narrated that while he was on guard duty at the coast, an alert was raised, and the people rushed to the coastline. When it turned out to be a false alarm, everyone left except him, who remained standing guard. Someone asked him, “Why are you still standing here, Abu Huraira?” He replied, “I heard the Messenger of Allah (peace and blessings be upon him) say, ‘To stand guard for one hour in the way of Allah is better than standing in prayer near the Black Stone on Laylat al-Qadr” (recorded by Ibn Hibban and by al-Baihaqi in Shu’ab Al-Iman).

Ribat refers to the act of guarding the borders to protect the homeland against enemies and danger as explained by Imam al-Qarafi, the Maliki scholars, in Al-Dhakhira (13:352).  It also refers to those who continue living on their land to defend it and preserve the integrity of its territories as mentioned in Fath Al-Bari (6:85) by Ibn Hajar al-‘Asqalani.

When we consider these meanings in relation to the people of Palestine, particularly those residing in Gaza and the West Bank, we find that they are engaged in a state of resistance in the path of Allah Almighty. They faithfully and steadfastly continue to hold their ground, refusing to relinquish their homeland with patience despite the killing, injury, displacement, and the destruction of both private and public buildings and facilities. This suffering is compounded by the Israeli intent to deprive them of the basic necessities of life.

The continued presence of the inhabitants of Gaza in particular and the people of Palestine in general in their land and their steadfastness in holding on to their right, is a religious duty and a national determination. It serves to prevent the enemy from gaining control of the sacred land, bringing it under their authority and rule, and undermining the enemy’s expansionist plans. The Hanafi scholar, Zayn al-Din Ibn Nujaim, noted in Al-Ra`iq (5:77), “The Walwaljiyah states that the frontiers of Muslims must always be defended by those who stand against enemies.”  Imam Ibn Abu Zayd al-Qirawani, the Maliki scholar, noted in Al-Risala, “Securing and guarding the frontiers of the Muslims is a duty borne by whoever takes it upon themselves.”

 

Continuation of residence in one’s country at times of hostility and aggression

Numerous juristic sources unequivocally state that it is obligatory for those who are able to remain in the land to do so, even if they lack the capacity to repel the enemy, so as to prevent the enemy’s consolidation of power over the land.  See: Al-Hawi Al-Kabir (14:104) by Al-Shafi’i and Kifayat Al-Nabih by al-Shafi'i Najmuddin Ibn al-Rif'ah (16:349).

 

The occupation’s attempt to expel the people of Gaza from their land

The insidious attempts of the Israeli occupying state to expel the people of the Gaza strip and the West Bank through violence, fear, coercion, arbitrary detention, and psychological distress with the intentional denial of life-sustaining resources by blocking humanitarian aid — are aimed at destroying them in part or in whole, or compelling them to flee from their torment. These actions crimes against humanity, recognized in international law as ‘forcible transfer of population’ and ‘genocide’.

According to Article 7, paragraph 2(b) of the Rome Statute of the International Criminal Court, adopted in 1998 and entered into force in 2000, genocide is defined as any of the following acts committed with intent to destroy, in whole or in part, a national, ethical, racial, or religious group, as such:

(a) Killing members of the group;

 (b) Causing serious bodily or mental harm to members of the group;

 (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

 (d) Imposing measures intended to prevent births within the group;

 (e) Forcibly transferring children of the group to another group.

Furthermore, as stipulated in Article 7, paragraph 2(d) of the Rome Statute of the International Criminal Court, ‘deportation or forcible transfer of population’ refers to the ‘forced deportation of the persons concerned by expulsion or other coercive acts from the sea in which they are lawfully present, without grounds permitted under international law’.

The illegal expulsion of a population, or a segment of it, from its land and its transfer to another country without just cause, is the hallmark of the corrupt and the pattern of oppressors. Such an act constitutes a crime with grave consequences for both societies and individuals, resulting in unemployment, deprivation of necessary provisions, challenges in rearing children, the death or forced disappearance of family members, lack of education, and vulnerability to begging or human trafficking. These shameful acts portend the downfall of the oppressors, in accordance with the divine law that supports the weak and the oppressed by bringing severe punishment and destruction upon the oppressors. This is firmly established in numerous verses of the Quran. These include:

- “So those who emigrated or were evicted from their homes or were harmed in My cause or fought or were killed - I will surely remove from them their misdeeds, and I will surely admit them to gardens beneath which rivers flow as reward from Allah, and Allah has with Him the best reward” (Quran, 3:195). Ibn Kathir explained the verse in his Tafsir (2:168) saying, “[The words] ‘evicted from their homes’ means that the polytheists persecuted them to such an extent that they were compelled to leave.  For this reason, Allah says that they, ‘were harmed in My cause’ — meaning that their only fault, in the eyes of the people, was that they believed in Allah Alone.”

- Allah Almighty says about the people of Shu’ayb (peace be upon him), “Said the eminent ones who were arrogant among his people, "We will surely evict you, O Shu'ayb, and those who have believed with you from our city, or you must return to our religion." He said, "Even if we were unwilling" (7:88).

- About the people of Lot, Allah Almighty says, “But the answer of his people was only that they said, "Evict them from your city! Indeed, they are men who keep themselves pure” (Quran, 7:82).

- “And those who disbelieved said to their messengers, ‘We will surely drive you out of our land, or you must return to our religion.’ So, their Lord inspired to them, ‘We will surely destroy the wrongdoers’” (Quran, 14:13).

- Recounting what the Quraysh did to the Prophet (peace and blessings be upon him), Allah says, “And indeed, their purpose was to annoy you so that they can drive you from the land” (Quran, 17:76).

- Allah mentions what Pharaoh did to the people of Moses (peace be upon him), “So he intended to drive them from the land, but We drowned him and those with him all together” (Quran, 17:103). Imam Ibn ‘Atiyyah wrote in Al-Muharar Al-Wajiz (3:490) that the verse indicates that Pharaoh sought to remove the people of Moses from the land, whether though killing or forced expulsion. 

These verses indicate that displacing a people from their homeland without just cause or justification under Islamic or secular law is impermissible and constitutes a grave injustice. Moreover, the use of violence against legitimate claims — without regard for religious, legal, and moral principles that affirm the right to human dignity, the right to life, and the right to housing and stability — is egregiously unjust.

 

The ruling

The unwavering determination of the Palestinian people, particularly those in Gaza and the West Bank, to uphold their right and remain in their homeland with patience and resilience, is both a religious duty and a national necessity. It is a form of ribat in the path of Allah, promising great reward and ample divine recompense. The stubborn insistence of the occupying Israeli regime, coupled with their intentions to forcibly relocate the people of Gaza and the West Bank to another place, whether within the state or outside it, is a profound injustice, irrefutable corruption, and a grave humanitarian crime in the eyes of Allah and all people. Allah Almighty has promised the perpetrators of such acts with destruction and empowerment and victory to the oppressed.

And Allah Almighty knows best.