al-Ightiyalat
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- al-Ightiyalat
al-Ightiyalat (Arabic: قضية الاغتيالات في البلاد الإسلامية: دراسة فقهية أصولية, lit. 'The Issue of Assassinations in Islamic Lands: A Juridical and Methodological Study') is a legal treatise authored by the contemporary Yemeni scholar Abd al-Mannan al-Talibi, examining the prohibition of assassinations and political violence from the perspective of Islamic jurisprudence and legal theory (Usul al-Fiqh).
Background and Context
The treatise addresses the rise of targeted killings and bombings across the Arab and Islamic world, specifically addressing instances where perpetrators invoke religious pretexts. Al-Talibi emphasizes the sanctity of human blood and the gravity of extrajudicial killing, presenting Yemen as a case study. He cites statistics indicating the widespread proliferation of personal weapons—estimated in unofficial records at over 50 million—alongside political instability, foreign interference, and conflicts involving extremist groups. To illustrate the severity of the crisis, the author cites official reports documenting the assassination of 136 officers and staff from the Political Security Organization over four years, 40 security personnel targeted via motorcycles in 2012, and 619 military and security personnel killed in the first half of 2013 alone.
Definition and Legal Grounds for Prohibition
Al-Talibi defines assassination (ightiyal) technically as "killing an inviolable human being through treachery using various methods without rightful justification" (قتل إنسان معصوم غدرا بطرق مختلفة على غير وجه حق), noting that inviolability ('ismah) encompasses Muslims, non-Muslim citizens (dhimmis), and temporary residents under safety guarantees (musta'manun).
The author categorizes the prohibition of assassination under Islamic law into six fundamental aspects:
- Violation of the Inviolability of Life: The absolute protection of human life established in the Quran and Sunnah.
- Involvement of Treachery and Ambush: Assassination involves forbidden deceit (ghilah), breach of trust (khiyanah), and stealthy attack (fatk), citing the hadith: الإيمان قيد الفتك، لا يفتك مؤمن ("Faith binds against treacherous killing; a believer does not kill by stealth"). He also references Umar ibn al-Khattab executing a group of conspirators in Sana'a for a deceitful killing (qatl ghilah).
- Terrorizing the Secure: Causing panic among peaceful civilians and undermining public safety, which contradicts Islamic teachings that forbid frightening Muslims or brandishing weapons.
- Spreading Corruption on Earth (Ifsad fi al-Ard): Categorizing targeted assassinations under acts of banditry and corruption as interpreted by classical Quranic exegetes.
- Transgression and Hostility (Baghy wa-'Udwan): Violating divine limits through unjustified aggression.
- Self-Destruction and Suicide: The severe prohibition of exposing oneself to destruction or carrying out suicide attacks.
Refutation of Counterarguments
Al-Talibi addresses historical incidents frequently cited by proponents of assassinations, specifically the killings of Ka'b ibn al-Ashraf and Abu Rafi' (Abd Allah ibn Abi al-Huqayq). He refutes these deductions on several grounds:
- Muhammad ibn Maslamah did not grant Ka'b ibn al-Ashraf an explicit guarantee of security; instead, he used double entendre (tawriyah) regarding trade.
- Ka'b was a belligerent who had actively breached his covenant by inciting war and composing defamatory poetry against the Prophet, thereby nullifying his protection.
- The execution of legal penalties (hudud) and martial sentences is the exclusive authority of the head of state (al-imam), not private individuals or self-appointed factions.
- The action was explicitly commanded by the Prophet Muhammad ﷺ in his capacity as the legitimate ruler, a distinction emphasized in modern legal rulings by scholars such as Salih al-Fawzan.
- Foreign residents, embassy staff, doctors, engineers, and tourists in Muslim countries hold valid contracts of safety (aman) or state-sanctioned covenants that safeguard their lives.
- Early scholars such as al-Baghawi, Ibn Battal, and al-Qadi Iyad rejected describing the Companions' actions as unlawful treachery (ghadr).
Legal Theory and Methodological Weighting
In the concluding sections of the treatise, al-Talibi applies thirteen classical legal preference rules (qawa'id al-tarjih) from Usul al-Fiqh to affirm the decisive prohibition of assassinations. These principles include:
- Giving precedence to evidence indicating prohibition over evidence suggesting permissibility.
- Prioritizing explicit textual rulings and corroborating evidences over isolated or ambiguous texts.
- Choosing the position closer to legal caution (ihtiyat), particularly regarding the sanctity of human life.
- Maintaining the default presumption of original immunity (bara'ah asliyyah) and universal sanctity of blood.
- Giving weight to definitive (qat'i) and verbal (qawli) scriptural texts accompanied by explicit warnings over contextual actions (fi'li).
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