In a rare and striking move, Dr. Salman al-Dayah, a prominent Islamic scholar and former dean of the Faculty of Sharia and Law at the Islamic University of Gaza, has issued a detailed fatwa denouncing the October 7 attack carried out by Hamas on Israel, which led to a significant escalation in the Gaza conflict.
As one of the most respected religious figures in Gaza, Dr. Dayah’s stance holds considerable weight among the local Muslim population, a majority of whom follow Sunni Islam. A fatwa, in Islamic tradition, is a non-binding legal ruling offered by an esteemed religious scholar, typically grounded in the Quran or the Sunnah (teachings and practices of the Prophet Muhammad).
In his six-page fatwa, Dr. Dayah strongly criticizes Hamas, stating that the group’s actions on October 7th contradict Islamic principles surrounding jihad. He argues that legitimate jihad must meet specific ethical criteria, including preserving the lives of non-combatants and ensuring that military actions do not lead to disproportionate civilian harm or infrastructure destruction.
“When the requirements and conditions of jihad are not fulfilled, it is necessary to avoid such actions to protect human lives,” Dr. Dayah writes. “This should have been anticipated by our nation’s leaders.”
The fatwa is a significant rebuke to Hamas, which has historically used religious narratives to justify its resistance against Israel. Dr. Dayah’s opinion could challenge this perspective, as it comes amid the devastation in Gaza, where tens of thousands of civilians have been affected by Israel’s military response.
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The attack on October 7 saw numerous Hamas militants breach the Israel-Gaza border, leading to the deaths of around 1,200 people and the abduction of over 250 hostages. Israel’s counter-offensive has since led to a high civilian death toll in Gaza, with extensive damage reported across the region.
Dr. Dayah’s fatwa addresses these consequences, asserting that the attack’s humanitarian aftermath starkly conflicts with Islamic teachings. His critique includes an appeal to Quranic verses and hadith that set clear rules on warfare ethics, emphasizing restraint and the protection of civilian life. He notes that jihad should avoid triggering severe retaliation that could disproportionately affect non-combatants and exacerbate civilian suffering.
“Human life is more valuable to God than even Mecca itself,” he wrote, stressing that protecting lives must be prioritized over political and military ambitions.
Dr. Dayah’s stance is notable for his alignment with moderate Salafist views, emphasizing adherence to the Prophet Muhammad’s model rather than advocating the formation of political parties, as groups like Hamas do. Throughout his career, he has openly opposed extremist groups and criticized violent tactics used by various factions, including ISIS and al-Qaeda, emphasizing peaceful principles of Islamic governance.
The fatwa has sparked debate within Gaza and the broader Arab world, likely adding to ongoing discussions about the role of armed resistance in the Palestinian struggle. Ashraf Ahmed, a former student of Dr. Dayah, described the ruling as a critical, historically significant judgment.
“Dr. Dayah’s fatwa is a deeply researched, principled document that reflects his commitment to Islamic jurisprudence,” Ahmed noted.
For many in Gaza, this fatwa represents a powerful call for reconsidering approaches to conflict, highlighting the humanitarian cost of military engagements and encouraging leaders to prioritize the welfare of the civilian population.
