Dear scholars, As-Salamu `alaykum.
What is the legal ruling concerning the hunger strike undertaken by the Palestinian prisoners in Israeli prisons?
Jazakum Allah khayran.
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His sake.
We earnestly implore Allah to grant our dear brothers and sisters in Palestine an outstanding victory.
Regarding your question, a group of Muslim scholars hold the opinion that it is permissible for the Palestinians incarcerated in Israeli jails to undertake hunger strikes as long as they have no other weapon to express their opinion and to draw the attention of the international community. However, it is stipulated that such strikes must not lead to the death of those prisoners as death in this case will be a kind of suicide, which is strongly forbidden in Islam.
Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states:
The prisoners in Israeli jails who are going on a hunger strike are defending a just cause, and strike is an internationally recognized means to disclose crimes and injustice practiced against them. Hence, all Muslims should support those strivers in their adversity in all possible ways: sit-in strike, demonstration, moral support by fasting for example, or through sending telegrams and issuing statements condemning the Israeli atrocities.
This will show those prisoners that all Muslims are standing by them. We, as Muslims, should help Palestinians by all ways, for they are entitled to receive zakah or revenues of endowment. They even deserve the doubtful money of banks (that is, money that is uncertain whether it is lawful or not); if such money is forbidden to its owners, it is regarded as lawful for Palestinians. Since we are not able to supply them with arms, then we should at least provide them with food, clothing, and relief supplies.
Moreover, Sheikh Faisal Mawlawi, deputy chairman of the European Council for Fatwa and Research, states:
It is permissible for the Palestinians imprisoned in Israeli prisons— or even for the prisoners in Muslim countries—to undertake a hunger strike in case they are suffering from violation of their human rights, as long as this is the only way through which they can make progress in these times.
Furthermore, the prisoners have the right to go on such a strike even if it does not bring about positive results concerning their rights. That is because it will at least draw the attention of the public opinion, either nationally or internationally, to the inhuman practices that are committed against prisoners.
However, the following points should be taken into consideration; otherwise, the strike may lead to committing illegal acts:
First, the strike must not turn into fasting as legally known in Islam, for fasting is an act of worship that should not be turned into a means of protest against authorities. Furthermore, it is not legally permissible for the one fasting to continue fasting for several days without breaking his fast, but he must eat after sunset. Thus, the strikers should have some water or any other drink in order not to be regarded as observing continual fast.
Second, such a strike must not lead to death, for at this point it would be similar to committing suicide, which is considered one of the major sins. So the strikers should have some water and some food when they feel extremely exhausted in order not to cause themselves to die.
Hunger strike is legally permissible in principle, but the striker must preserve his life as much as possible, except in case of a pressing necessity.
In addition, Dr. Muhammad Mahrus Al-A`zhami, head of the Fatwa Committee at the International Union for Muslim Scholars (IUMS), Iraq, states:
Generally speaking, hunger strike causes harm or even death, which is legally forbidden, as Allah Almighty says:
“And do not kill yourselves (nor kill one another)” (An-Nisaa’: 29).
Yet, since the hunger strike has become nowadays one of the effective actions, then the oppressed have the right to make use of any means which may ward off oppression and let those in authority hear their voices, especially in this modern age in which people pay attention to such acts of protest.
Therefore, this practice is permissible in case of necessity after using all other means. In this case, Israel left Palestinians and Muslims no other choice, so they are permitted under necessity to use such a kind of protest to make humanitarian organizations and international bodies listen to their voices. We sincerely ask Allah to save them from their adversity through this practice.
You can also read:
Hunger Strike Is Tantamount to Suicide
Going on Strike: Is It Permissible?
Two Levels of Backing Oppressed Muslims
Backing Fellow Muslims
How to Help Fellow Palestinians
Allah Almighty knows best
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The Palestinian Prisoners on Hunger Strike need your Help, Please Share this Status with your friends to spread Awarness about the biggest hunger Strike in history..
Bilal Thiab ... 76 Days
Thaer Halahleh ... 76 Days
Hassan Safadi ... 70 Days
Omar Abu Shallal ... 68 Days
Mohammedd Al-Taj ... 60 Days
Mahmoud Sarsak ... 54 Days
Faris Al-Natur ... 47 Days
Ja'far Ezz Al-Din ... 53 Days
Abdallah Al-Barghouthi 32 Days
more than 2000 Prisoner .... 27 Days
Warna Coklat adalah warna pakaian yang dikenakan oleh entiti zionis Israel ke atas
BANDUAN BERANI MATI. (*Logo di sebelah kanan ertinya "Shabas" dan
ia merupakan singkatan bagi "Perkhidmatan Penjara Israel)