Gaza University Islamic scholar issues fatwa criticizing Hamas for Oct. 7 attacks

The respected Islamic official’s critique argued that the damage inflicted on Gaza, as a result of Hamas’s attacks, was a breach of Islamic law. 

 Parts of northern Gaza are heavily damaged from a year of war, the roads have turned to dust and sand and the building are bare and deserted.  (photo credit: SETH J. FRANTZMAN)
Parts of northern Gaza are heavily damaged from a year of war, the roads have turned to dust and sand and the building are bare and deserted.
(photo credit: SETH J. FRANTZMAN)

Professor Dr. Salman al-Dayah, a former dean of the Faculty of Sharia and Law at the Islamic University of Gaza, issued a fatwa against Hamas for their October 7 attacks, the BBC reported on Friday. 

Fatwa is an Islamic religious decree made by a recognized Islamic jurist, Faqih, as a response to a question asked by a judge or government.

The document accused Hamas of  “violating Islamic principles governing jihad.”

Dayah added, “If the pillars, causes, or conditions of jihad are not met, it must be avoided in order to avoid destroying peoples' lives. This is something that is easy to guess for our country’s politicians, so the attack must have been avoided.”

The October 7 attacks saw terrorists invade Israel’s southern border, murder some 1200 people, and abduct over 250 more. Over 100 living and dead hostages, including women and children, remain in Hamas captivity as the terror group continues to reject attempts to negotiate for their release. 

 Armed terrorists attempt to loot an aid truck in Gaza, September 21, 2024. (credit: IDF SPOKESPERSON'S UNIT)
Armed terrorists attempt to loot an aid truck in Gaza, September 21, 2024. (credit: IDF SPOKESPERSON'S UNIT)

The respected Islamic official’s critique argued that the damage inflicted on Gaza, as a result of Hamas’s attacks, was a breach of Islamic law. 

Noting Hamas’s well-documented use of civilian infrastructure, Dayah condemned Hamas for failing in “keeping fighters away from the homes of defenseless [Palestinian] civilians and their shelters, and providing security and safety as much as possible in the various aspects of life... security, economic, health, and education, and saving enough supplies for them.”

Fatwas against Hamas

Dayah’s fatwa was not the first issue against Hamas, as the Islamic Fatwa Council announced in March they would be issuing a fatwa against Hamas for "violating the laws of the Holy Koran."

"We believed it was our Islamic obligation to aid the oppressed," IFC Spokesman Sheikh Muhammad Ali al-Maqdisi said at the time. "Our faith, in its wisdom, enjoins us to be an enemy to the oppressor and an aid to the oppressed. That is why the fatwa was issued against Hamas."