Fatwa of Sheikh Hamoud al-'Uqlaa' on Taliban and Afghanistan

Sheikh Hammoud Al-Uqlaa' Ash-Shuaibi is one of the senior-most and leading scholars in the Arabian Peninsula. He lives in the city of Buraydah in the Qaseem region of the Arabian Peninsula and is currently in his mid-eighties. He is one of the many teachers of Sheikh Salman Al-Awdah (also from Buraydah, who was imprisoned by the Saudi Regime from 1994 to 1999) and is well-known for speaking the Truth under all circumstances. May Allah protect him.

This fatwa was issued by the Sheikh on 2 Ramadan 1421 AH/ 29 November 2000 in response to American threats to impose new sanctions against the Taliban for their failure to curb 'terrorism'.

In the Name of Allah the Most Merciful the Most Kind

Fatwa on the Shariah Implementation of the Taliban Government in Afghanistan
by His Excellency, Sheikh Hammoud bin Uqlaa' Ash-Shuaibi
2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem, Arabian Peninsula

Question: "Some people hold doubts about the Shariah implementation of the Taliban Government in Afghanistan. What is the reality regarding this government? We request from you a comprehensive answer backed up by evidences. May Allah protect you."

Answer:

Praise be to Allah, Lord of the Worlds, and Peace and Blessings be upon our Prophet Muhammad, upon his family and his companions altogether. As for what follows:

Indeed to determine the implementation or rejection of Shariah by a country depends on a number of factors:

Firstly:

Its legislation by the Book of Allah and the Sunnah of His Messenger (SAWS) in all the branches of ruling and other than it in other worldly dealings.

Secondly:

Indeed one of the most important components of a country is its control of land. It is well-known that the Taliban Government has over 95% of Afghanistan under its control.

Thirdly:

That its relations and dealings with other countries are established on the basis of the Noble Deen.

The Taliban Regime in Afghanistan has been proven to fulfil these factors, so it is the only country in the World in which there are no man-made laws and legislations. Rather, indeed its legislation is established on the Shariah of Allah and His Messenger in the Courts of Law, in the ministries, in the governmental circles and in other establishments.

As for the Muslim countries other than Afghanistan, amongst them are those which legislate with man-made laws in their totality and amongst them are those who contain Courts of Law which are man-made in their totality, but under the label of the Shariah of Allah and His Messenger (SAWS). Even the vast proportion of the rulings in the so-called 'Shariah' Courts in these countries are based on man-made institutions and legislative acts, so in reality there is no difference between this type of ruling and the ruling of man-made laws except by name.

Amongst the evidences that the Taliban Government is a Shariah Government is the fact that the disbelieving countries who are enemies of Islam and the Muslims are hostile towards it, have imposed an economic boycott on it, isolated it and tightened their grips on it for no reason other than its adherence to the Deen of Islam.

Furthermore, military strikes are about to be carried out on Afghanistan just like America attacked it with Cruise Missiles in 1998. At the same time, these same disbelieving countries continue to support the Opposition Northern Alliance (of Ahmad Shah Masood) with funds, weapons and advisors. This itself is clear evidence on the Shariah implementation of the Taliban Government and that they are upon Truth in their fighting against the Northern Alliance. In addition, the failure of the disbelieving nations to recognise the Taliban Regime as a nation and a government further removes any doubt in the Shariah implementation of the Taliban Government.

Amongst other reasons that point to the fact the Taliban Government is a Shariah Government is the fact that it fulfils certain criteria as mentioned earlier, with the exception that it is in urgent need of financial assistance due to its limited financial resources. Therefore we appeal to our Muslim brothers and sisters around the World to assist it with financial and material means and to support it with their media capabilities because the enemies of Islam and their agents have deceived and misguided most of the people until they have become confused as to whether this is a Muslim Government or not.

At this time, the Taliban Regime remains in a state of warfare against its opposition, the Northern Alliance, so Jihad with it is ordained by the Shariah because Jihad with the Taliban is against the Northern Alliance which is being funded by the forces of Disbelief like America, Britain and Russia and others who are calling for a broad-based government in Afghanistan established upon a Western legislative system. Since the situation is like this, then indeed it is obligatory to assist the Taliban Regime and to make Jihad with it in order to bring victory to Islam and in order to cooperate upon all acts of piety and fear of Allah, as Allah (SWT) says in the Quran:

"And cooperate with one another in all acts of piety and the fear of Allah" [Quran 5:2].

In addition, the Messenger of Allah (SAWS) said: "The similitude of the believers in their mutual love, mutual feelings and mutual relations is like a single body: if one part of it is in pain, the entire body feels discomfort." He also said (SAWS): "A Muslim and his fellow Muslim is like a building, one part of which supports the other (whilst interlocking his fingers)."

And from the greatest qualities further proving the validity of the Muslim Taliban Government are:

Its efforts to support the Mujahideen and defend them against their enemies. This has been witnessed in this government. It does not contain any forms of media which are forbidden in the Shariah. Indeed it is adamant, sincere and honest in its efforts to implement Shariah from its establishment of the Islamic Penal Code (hudood) to forbidding open acts of disobedience to Allah and His Messenger, meting out suitable punishments for them and Islamicising education and media. Indeed it is the only country in the World which is striving for women's rights according to the Shariah and not according to the ways of the Secularists who encourage the women to display their beauty, cast off their hijabs, mix freely with men, drive cars alone and other things like that. It is the only country in the World which has a separate ministry by the name of the Ministry to Encourage Good and Forbid Evil.

To conclude

Just as we pray for the Taliban Government for ability and guidance from Allah, we also appeal to them to remain firm and steadfast upon these aforementioned great Islamic qualities and to hold fast to the Book of Allah (SWT), the Sunnah of His Messenger (SAWS) and the ways of the Salaf-us-Saalih (Pious Predecessors) and that they do not worry about pressure and intimidation from the disbelieving countries and others like them. Allah (SWT) says in the Quran:

"And whosoever fears Allah, He will make for him a way out (from every difficulty) and provide for him from where he could never have imagined" [Quran 65:2-3]

and "And whosover fears Allah, He will provide for him a solution to all his affairs" [Quran 65:4]

and "And the end will belong to the Allah-Fearing" [Quran 7:128].

For them is an example in the Messenger of Allah (SAWS) and the Muslims with him when they were boycotted by the Quraish to the valley on the outskirts of Makkah in an attempt to prevent them from establishing Allah's Deen, but the end belonged to the Allah-Fearing. We also appeal to the other Muslim countries to follow in the footsteps of the Taliban in the implementation of Shariah in respect to all worldy dealings in judgements, media, economics, internal and foreign politics, women's affairs and education and that they do not blindly follow the West in its anti-Islamic and misguided ways and policies.

And all ability is from Allah (SWT) and peace and blessings be upon our Prophet Muhammad, his family and companions altogether.

Written by the Sheikh, the Teacher
Hammoud bin Uqlaa' Ash-Shuaibi
2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem, Arabian Peninsula