then insha Allah he dies as a martyr. Also if he dies by drowning,
stomach disease he also dies as a martyr. However if a Muslim is
killed unexpectedly without being able to defend himself, for instance
if he was killed from behind him would he still be considered as a
martyr? Also in the case of the Gaza bombings, the Muslims that are
killed by being bombed in their houses without expecting it, therefore
not being ableto defend themselves are they also considered as
martyrs?.
Praise be to Allaah.
Firstly:
Every Muslim who is killed wrongfully will have the reward of the
martyr in the Hereafter, but in terms of this world, he is to be
washed and the funeral prayer offered for him, and he is not to be
dealt with in the same manneras one who was killed inbattle.
It says in al-Mawsoo'ah al-Fiqhiyyah (29/174):
The fuqaha' are of the view that wrongdoing or injustice mean that the
one who is killed in such ways is deemed a martyr, but not in the same
sense as the martyrwho is killed in battle with the kuffaar. Kinds of
unlawful killing include one who is killedby thieves, criminals or
bandits; one who is killed defending himself or his wealth or his life
or his religion or his family or the Muslims or ahl al-dhimmah
(non-Muslims living under Muslim rule); or one who is killed trying to
prevent injustice; or one who dies in prison who has been imprisoned
unlawfully.
They differed as to whether he is regarded as a martyr in this world
and in the Hereafter, or as a martyr in the Hereafter only.
The majority of fuqaha' were of the view that the one who is killed
unlawfully is to be regarded as a martyr in the Hereafter only. He
comes under the same ruling as the martyr in battle with the kuffaar
in the Hereafter with regard to reward, but hedoes not come under
thesame ruling in this world, so he is to be washed (ghusl, after
death) and the funeral prayer is to be offered for him. End quote.
In order to attain the reward of the martyrs it is not essential for
the one who is killed to havebeen in a confrontation with those
aggressors. If they kill him unawares, then he will be deserving of
the reward of the martyrs, in sha Allaah.
Among the evidence for that is the fact that 'Umar ibn al-Khattaab was
stabbed by Abu Lu'lu'ah al-Majoosi whenhe was leading the Muslims in
Fajr prayer, and 'Uthmaan ibn 'Affaan was killed by those who had
rebelled against him unlawfully, and the Prophet (blessings and peace
of Allaah be upon him) described them as martyrs.
It was narrated that Anasibn Maalik (may Allaah be pleased with him)
said: The Prophet (blessings and peace of Allaah be upon him) climbed
up Uhud, accompanied by Abu Bakr, 'Umar and 'Uthmaan, and the mountain
shook with them. He struck it with his foot and said: "Stand firm, O
Uhud, for there is no one on you but a Prophet or a Siddeeq or two
martyrs." Narrated by al-Bukhaari (3483).
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on
him) said: By "Prophet" he was referring to himself, "Siddeeq" was Abu
Bakr and the "two martyrs" were 'Umar and 'Uthmaan, both of whom(may
Allaah be pleased with them) were slain asmartyrs. 'Umar was
killedwhen he was leading the Muslims in Fajr prayer, and he was
killed in the mihraab. 'Uthmaan was killed in his house. May Allaah be
pleased with them both and join us and the righteous Muslims with them
in the abode of eternal bliss. End quote.
Sharh Riyadh al-Saaliheen, 4/129, 130
Secondly:
With regard to our brothers in Gaza whose houses collapsed on them, we
hope that theywill be martyrs for two reasons:
1. They were slain unlawfully
2. The Prophet (blessings and peace of Allaah be upon him) said:
"the one who is crushed beneath a falling wall is a martyr." Narrated
by al-Bukhaari (2674) and Muslim (1914).
We would not be exaggerating if we add a third reason, which is that
they were killed by the kuffaar on the battlefield, so they will be
martyrs in this world and in the Hereafter, because all of Gaza was a
battlefield.
Prof. 'Abd al-Rahmaan ibn Gharmaan ibn 'Abd-Allaah (may Allaah
preserve him) said:
The view of the majority of Hanafis and Hanbalis, the correct view
according to the Maalikisand the view of the Shaafa'is is that the one
who is slain in war but not on the battlefield is a martyr in the
general sense, regardless of the way in which he was killed, whether
he was unaware or sleeping, whether he was engaged in fighting or not.
What seems to me to be the case -- and Allaah knows best -- is that
the view of the majority is correct, because there is no clear
evidence that the killing should be in battle. End quote.
Ahkaam al-Shaheed fi'l-Fiqh al-Islami, 103-106
We ask Allaah to accept them as martyrs and to defeat the Jewish
aggressors and enable us to prevail over them so that we might rule
over them in accordancewith His justice.
And Allaah knows best.
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