By John Q. Hosedrinker 
Gaza’s most prominent Islamic scholar, Professor Salman al-Dayah, has issued a powerful fatwa condemning Hamas’s 7 October attack on Israel. This rare critique, presented in a detailed six-page document, argues that the attack violated Islamic principles governing jihad by failing to consider the potential for excessive civilian casualties and widespread destruction. Dr Dayah, a respected religious authority in Gaza, emphasizes the importance of protecting non-combatants and avoiding actions that would provoke a disproportionate response from the enemy. He stresses that the attack’s devastating consequences directly contradict Islamic teachings and demonstrate a failure by Hamas to uphold its obligations to the Palestinian people.
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Gaza’s top Islamic scholar, Dr. Dayah, has issued a fatwa condemning the October 7th attack, arguing that it violated Islamic principles governing jihad. He states that the significant civilian casualties in Gaza, alongside the widespread destruction of infrastructure and the subsequent humanitarian disaster, directly contradict the teachings of Islam.
Dr. Dayah emphasizes that Hamas failed to uphold its duty of protecting Palestinian civilians, particularly by ensuring their safety and well-being in all aspects of life, including security, economic stability, health, and education. He criticizes Hamas for failing to keep fighters away from civilian areas and for not adequately providing for the needs of the Palestinian population.
The fatwa highlights that Islamic law mandates avoiding actions that trigger a response exceeding the intended benefits of the action. It emphasizes the importance of considering the potential consequences of any military action, particularly when it could result in the deaths of innocent civilians.
Dr. Dayah’s condemnation of the October attack focuses on the devastating impact it had on Gaza and its people, highlighting the unintended consequences of Hamas’ actions. It’s important to note that his fatwa does not explicitly condemn terrorism or the attack itself, but rather the disregard for the safety of Palestinian civilians and the violation of Islamic principles.
Some have argued that Dr. Dayah’s fatwa is simply a statement acknowledging the attack’s ineffectiveness and a reflection of the significant damage it caused to the Palestinian population. They point out that he doesn’t specifically condemn the targeting of Israeli civilians, only the repercussions of the attack on Gazans.
However, others view it as a more nuanced condemnation of Hamas’ actions, emphasizing the importance of protecting civilians and adhering to Islamic principles during times of conflict. They highlight Dr. Dayah’s specific criticism of Hamas’ failure to ensure the safety of civilians and its disregard for the well-being of the Palestinian population.
It’s crucial to consider the context of this fatwa and its potential implications. It represents a rare instance of a prominent Islamic scholar in Gaza publicly criticizing Hamas, highlighting the growing unease among Palestinians regarding the group’s actions and the devastating consequences of the recent conflict.
The fact that Dr. Dayah felt empowered to issue this fatwa suggests a possible shift in the political landscape within Gaza, particularly considering the significant risks associated with opposing Hamas. This could potentially pave the way for a more critical dialogue within Palestinian society regarding the actions of Hamas and the future of the conflict.
While the fatwa may not directly condemn the targeting of Israeli civilians, it underscores the significance of adhering to Islamic principles, emphasizing the importance of protecting civilians, and advocating for a more responsible approach to armed conflict. It remains to be seen what impact this fatwa will have on the ongoing conflict and whether it will contribute to a more peaceful future for the Palestinian people.