International Law !?!?!

If the scholars do not fulfill their duty to remove this confusion and clarify the path of the criminals, there will be sedition on earth and great corruption.

Resorting to what is called “international law” from the calls that are echoed by some politicians, is intended to mean resorting to man-made laws the West created in order to impose its political hegemony and intellectual vision on the peoples of the world. And because of the widespread circulation of the term in the media, some Muslims – with extreme regret – use this term without realizing its serious creedal implications and dimensions. And it has increased recently after the criminal court ruling on the arrest of Sudanese President Omar al-Bashir. Thus we are pleased to present this detailed study to clarify the truth of these astray lawsuits, and the legal position towards them.

One of the most dangerous things Muslims suffer from today is what their enemies from the unbelievers and hypocrites do of misleading and misguiding to the point this has become one of the prominent features of our contemporary reality. The seriousness of this matter has reached the extent to which some of the people of knowledge have been deceived, as well as the general public and masses, by what the wolves in sheep’s clothing do in terms of manipulation of terms and overturning facts and presenting them in decorative molds, putting them in various media with intensity and repetition until the ears become normalized with them and repeated by many Muslim children – sometimes out of malice and other times out of ignorance and neglect.

What increased the danger was the negligence of many scholars to confront these ambiguities, many of which affect the core of ‘aqidah, the pillars of tawhid, and the ummah’s identity and character. If the scholars do not fulfill their duty to remove this confusion and clarify the path of the criminals, there will be sedition on earth and great corruption.

Among the dangerous kufri terms the international media use, followed by many media outlets in Islamic countries who have no creativity, which scholars must expose, explain, and clarify its danger to ‘aqidah, is the term “international law”. Whereas today it is being proposed extensively, asking for the consolidation of this pagan term in the minds of the people by calling them to “respect of international law”, sometimes to “prohibit deviations from international law”, and other times to “abide by the decisions of international law”. So what does this taghuti term mean?

“International law” aims to appeal and adhere to a statutory law established by the major kafirah states that govern the relations of states in the world according to their legislation, standards, customs, and interests. This man-made law was promulgated by the unbelieving countries that formed the United Nations after their victory in World War II – America, Britain, and Russia – while France and China joined them later. They formulated their laws based on their interests and those of their allies in dividing the world into spheres of influence. So it placed what is called “the United Nations Charter” to have the first reference in every issue of the world, whereby “international law” is derived from its judgments and decisions and relies on it in disputes, conflicts, and procedures.

The enemy now uses this term to pass whatever he wants to the countries of the world, especially the countries of the Islamic region. Muslim land is being occupied and invaded in the name of “international law”. They support this or that trend in the name of “international law”, fight the callers [to Allah] and the mujahidin in the name of “international law”, and whoever deviates from that is outside of “international law”! One of the greatest examples of this is the consecration of the Jewish occupation in Palestine in the name of “international law”.

The Ruling on this Taghuti Term in Light of the Islamic ‘Aqidah !

The ruling on a thing is a branch of its depiction. Therefore, before we explain the ruling of Allah (‘azza wa jall) on this term, we must know the most important thing on which it is based, which was previously indicated in that it is based on the Charter of the United Nations and its laws that all countries of the world abide by, including the countries of the Islamic region. So what are the most important provisions of this charter to which the countries of the world are judging by and is called international law?

The Charter of the United Nations is a taghut and a law unlike any ordinary statutory law and is not just a founding document of the United Nations Organization, as its framers have made it much greater than that. International law experts and jurists declare clearly and frankly the Charter is the highest order of international treaties and the greatest principle of international law! Thus Article 103 of this Charter itself stipulates that: “In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.”

This means that it is not permissible for any state committed to this charter to conclude any international agreement or choose and be bound by a law between it and another country whose provisions contradict the rules and provisions contained in the United Nations Charter, even if it is the law of Allah, the Mighty and Powerful!

And it is known no country can become a member of the United Nations until it declares its commitment and respect for this charter and recognizes and submits to it. The procedures for joining the United Nations are summarized in that the country wishing to join the United Nations submits a request to the Secretary-General of the international organization, and that request is accompanied by a declaration of acceptance of a commitment to the Charter of the United Nations. The same applies to dismissal from the United Nations, as “Article Six” of the Charter stipulates the General Assembly may dismiss a member if he continues to violate the principles of the Charter.

This clause applies to anyone except the major countries that originally set up the United Nations to care for their interests, and therefore they have the right of veto guaranteeing this to them, the head of them being America, which looks after the interests of the Jewish state through it. Rather, the Charter and the United Nations have become policemen guarding the interests of these two countries at every level – even the blind do not dispute this.

In any case, the United Nations is an organization subject to Jewish-Crusader influence since its establishment, and whoever reviews its divisions and departments and the names of those in charge of it knows this with certainty. It is what oversaw the division of Palestine in 1947 c.e., and this organization alongside its various departments and agencies challenge the din of Islam and the laws of the Qur’an, clearly and openly; and its name (the United Nations) is one of the greatest evidence of union, advocation, support, and cooperation of the countries participating in it. Those who call for international law, commit to it, respect it, and implement its decisions turn a blind eye to these irrefutable facts.

Dr. Ali al-‘Ulyani, in his book The Importance of Jihad, explains this matter very clearly, as he mentions some of the provisions of the Charter of the Nations upon which international law is based; and we present some of them here. He says:

"It’s mentioned in the Preamble of the Universal Declaration of Human Rights: “…the advent of a world in which human beings shall enjoy freedom of speech and belief…” This phrase is a recognition and endorsement for the freedom of atheism (ilhad – which includes all deviance), the nonexistence of jihad against apostates, and not frightening the kuffar; we seek refuge with Allah from the consequences of these rights.

It states in Article 2: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as…religion (din).”

I say: Allah did not make the believer like the kafir in everything, but for the believer a treatment, and for the kafir a treatment. Rather, the believer is treated one way, and the kafir is treated one way. And whoever reviews the rulings of the people of the dhimmah in Islam knows the difference between the rights of a Muslim and the rights of a kafir, but where are those who reflect over the words of Allah and the words of His messenger?

Article 8 states: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

I say: It is not permissible for a Muslim to resort to courts that do not rule by the Quran and Sunnah. Allah said: “If you differ about something, refer it to Allah and the Messenger if you believe in Allah and on the Last Day; that is better and fairer in the end.” [an-Nisa, 59]

Article 18 states: “Everyone has the right to…change his religion or belief…”

Article 21 states: “The will of the people shall be the basis of the authority of government.”

I say: The choice of the people of the halli and ‘aqd (lit. people of loosening and binding, i.e., those qualified to make a judgment affecting the ummah at large) – from the scholars, leaders, and commanders of soldiers who adhere to the Quran and Sunnah – is what the appointment of the Caliph is based, not a mob of unqualified people. And the government is limited to the law of Allah; it is not permissible for it to rule by whims or ignorance. A Muslim does not take any legislation except from Allah.

Article 29 states: “It is not permissible under any circumstances to exercise these rights in a practice that contradicts the objectives of the United Nations.”

I say: Indeed, most of the objectives of the United Nations must be violated. Because opposing the denizens of Hell is a necessity of the straight path; and according to this, it appears that submitting to the regulations of the United Nations and the Universal Declaration of Human Rights is like submitting to Roman law or submitting to the Yasiq which the Tatars ruled by. Thus it is a taghut that legislates for human beings through itself. We ask Allah to restore Muslims to their true din and guide the United Nations to Islam.

The Purposes and Principles of the United Nations Organization stated the following:

1 – To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2 – To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3 – To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4 – To be a centre for harmonizing the actions of nations in the attainment of these common ends.

As for the terrible conspiracy practiced by the United Nations against the ruling of jihad, this is evidenced by what was legislated by the International Law Commission of the United Nations, as it was stated in its taghuti legislation in the first article. They obligated every country to observe the provisions of international law. This is not permissible, because the duty of the Muslim state to observe the provisions of the Quran, not the provisions of laws established by humans. And in Article 2 they obligated states to settle the dispute peacefully while observing the provisions of the law. This is an obligation that is not required by Allah. Rather, the Muslim state gives the kafir state a choice between three: either Islam, the protection-tax (jizyah) while subjugated, or to fight – unless the Muslim state is weak; then it has the right to offer a temporary truce, as in the Treaty of Hudaybiyah. In Article 5 they obliged states not to acknowledge any regional expansion taken from the methods of war; and this is not permissible in Islam. Rather, what the Muslims conquer through jihad is their property. And in Article 8 they require states to treat persons under their rule according to the human rights declared by the United Nations, including freedom of atheism and the equalizing of Muslims with kuffar; and this is not permissible in Islam. In Article 9 they obligated states to submit to all international treaties and everything from international law. It is not permissible for a Muslim to adhere to anything except the rulings of the Quran and treaties that contain provisions in Islamic law in contrast to what is in international law. It is not permissible for Muslims to substitute what is inferior for what is better. And in Article Ten they obligated states to never resort to war, except in the case of defense if an armed force attacks their territory. This is annulling one of the types of jihad, which is offensive jihad (jihad al-ibtida wa-talab).

Thus it is evident what the United Nations International Law Commission legislated is contrary to the ruling of jihad in Islam. May Allah lead us to the path of guidance and wisdom and restore the Islamic ummah to the source of its glory and imminence: the Book of the Lord of Creation and the Sunnah of the Trustworthy Guider, may Allah pour blessings and peace on him and all his companions." [Ahimmiyyah al-Jihad fi Nashr ad-Da’wah al-Islamiyyah, with a minor abridgment]

The Shari’ah Ruling Regarding These International Charters and Laws

After examining the most important provisions of international law emanating from the laws of the United Nations, we come to know the rule of Allah regarding them: Allah says: “Whoever disbelieves in the taghut and believes in Allah has grasped the most trustworthy bond that will never break. And Allah is the All-Hearing All-Knowing.” [al-Baqarah, 256] And He says: “Verily, We sent to every community a messenger (proclaiming), ‘Worship Allah and shun the taghut.'” [an-Nahl, 36] Allah illustrates in these two verses that tawhid and true servitude to Allah is only valid through disbelief (kufr) in the taghut and the avoidance of it and worshiping Allah alone.

Moreover, kufr in the taghut was placed before and over the command to believe in Allah, because belief in Allah is only valid with kufr in the taghut. The taghut is everything that makes the slave exceed his limit in relation to worship, following, or obedience. Shaykh ad-Dawsari said during his elaboration of Ayah al-Kursi:

Taghut is derived from tughyan, and it is (what) transcends the limit. It is said, “The water tagha,” if it rises above the height of man thus drowning him. Therefore, everything which exceeds the limit Allah has set from the obligation to worship Him and to refrain from His limits by adhering to His law, then it exceeded that and sought to be an object of worship and not a worshiper through any type of form, be it through deception and fraud, or subjugation and terror, or legislation and codification regarding the legal and illegal; it is a taghut one must disbelieve in through hatred and enmity towards, distancing himself from it and hating whoever loves and aides it. Belief in Allah is absolutely not valid except through kufr in the taghut.

Whoever calls to the principle nationality (i.e., nationalism) in which the Muslim unites with the astray sects or to a materialistic doctrine from the Jewish schools of thought, he is among the tawaghit which one is required to disbelieve in, hate and have enmity towards, and avoid their calling points. The one who achieves kufr in all the types of taghut, and has achieved belief in Allah by restricting love to Him, for His sake and for His path, and by hating all that Allah hates in terms of any person or action, he has grasped the most trustworthy bond. [Safwah wal-Athar wal-Mafahim fi Tafsir Ayah al-Kursi]

Is following the taghut international law and obeying its laws anything but belief in them? However, we are commanded to disbelieve in them. Allah said: “Have you not seen those who claim to believe in what was sent down to you and what was sent down before you? They wish to go for judgment to the taghut while they have been ordered to disbelieve in it. And Shaytan wishes to lead them far astray.” [an-Nisa, 60] Hafidh ibn Kathir says in his interpretation of this verse: “The ayah censors whoever turns away from the Book and Sunnah and seeks judgment from other than them from falsehood – that is what is intended by ‘taghut’ here.”

And ibn al-Qayyim says in I’lam al-Muwaqqi’in: “Whoever litigates to or judges by something other than what the Messenger brought has judged according to the taghut and litigated to it.”

And ash-Shanqiti says in the interpretation of Surah ash-Shura from his Adwa al-Bayan: “Every litigation to other than the law of Allah is litigation to the taghut.”

Indeed, disbelief in the taghut and belief in Allah is the cornerstone of the word tawhid – there is nothing deserving of worship except Allah. It is the din of our prophet, Muhammed (saws), and the path of our father, Ibrahim (as), which Allah ordered us to follow in His saying: “There has already been for you an excellent example in Ibrahim and those with him, when they said to their people: ‘Indeed, we are disassociated from you and from whatever you worship other than Allah. We have rejected you, and there has appeared between us and you animosity and hatred forever until you believe in Allah alone.” [al-Mumtahanah, 4]

Thereafter, by Allah, in this time of estrangement in which the clarity of these foundations are absent, the time has come for scholars to leave their isolation in which they live away from the reality of the ummah and what is woven for it from deception, as its enemies from the kuffar and hypocrites want the people of knowledge absent and to preclude them from clarifying (the ruling on) these courts and other issues and calamities which the ummah looks to the words of the scholars for. Are the people of knowledge aware of their role and the heavy trust placed on their shoulders? “When Allah took a covenant from those given the Book to make it clear to the people and not conceal it.” [Al ‘Imran, 178]

[By Shaykh ‘Abdul-‘Aziz ibn Nasir al-Jalil (rahimahullah)]

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