A conference of notable Islamic scholars to discuss the contemporary relevance of Ibn Taymiyah's famous 14th century “Mardin Fatwa” ended with a declaration saying that “anyone who seeks support from this fatwa for killing Muslims or non-Muslims has erred in his interpretation and has misapplied the revealed texts.” “There are those who have used the fatwa to justify acts of violence committed in the name of Islam,” said Abdullah Bin Bayyah, head of the London-based International Centre for Renewal and Guidance which organized the event in collaboration with Canopus Consulting from Bristol in the UK and the University of Artuklu in Mardin. Entitled “Mardin: Abode of Peace”, and broadcast live on the Al-Jazeera network, the conference sought a review of the classical classification of abodes due to “a real need for a sound Islamic and legal vision that does not violate Islamic religious texts, is in harmony with the higher objectives of the Shari‘ah, and is suited to our contemporary context.” The conference studied five main aspects surrounding the fatwa: Understanding the Mardin fatwa in context: The era and its ambiguities; The historical significance of the fatwa; The categorization of an abode from an historical viewpoint and in light of globalization and modern communication; Understanding Jihad: The conditions of armed combat and its rules of engagement – as defined by Ibn Taymiyya and the UN Charter, and concepts of peace and coexistence in Islamic thought. The “New Mardin Declaration” resulting from the two-day gathering described the issue of fatwas in Islam as “a serious one”, and ruled that “Ibn Taymiyya's fatwa concerning Mardin can under no circumstances be appropriated and used as evidence for leveling the charge of kufr (unbelief) against fellow Muslims, waging revolt against rulers, deeming their lives and property freely accessible to Muslims, terrorizing those who enjoy safety and security, acting treacherously towards those who live (in harmony) with fellow Muslims or with whom fellow Muslims live (in harmony) via the bond of citizenship and peace”. It described the classification of abodes (nation, states) as “based on ijtihad (juristic reasoning) that was necessitated by the circumstances of the Muslim world, then and the nature of the international relations prevalent at that time”, adding that circumstances “had changed with international treaties and nation states.” “Amongst the priorities of Muslim scholars and Islamic academic institutions should be the analysis and assessment of ideas that breed extremism, takfir (labeling fellow Muslims as unbelievers) and violence in the name of Islam. Security measures, no matter how fair and just they may happen to be, cannot take the place of an enlightened elucidation supported by proof and evidence. Therefore, it is the responsibility of the Ummah's religious scholars to condemn all forms of violent attempts-to-change or violent protest, within, or outside, Muslim societies. Such condemnation must be clear, explicit, and be a true manifestation of real courage in speaking the truth, so as to eliminate any confusion or ambiguity,” the New Declaration said. On jihad, the New Declaration stated: “Muslim scholars, throughout the ages, have always stressed and emphasized that the jihad that is considered the pinnacle of the religion of Islam, is not of one type, but of many, and actually fighting in the Path of God is only one type. The validation, authorization, and implementation of this particular type of Jihad is sanctioned by the Shariah to only those who lead the community (actual heads of states). This is because such a decision of war is a political decision with major repercussions and consequences. Hence, it is not for a Muslim individual or Muslim group to announce and declare war, or engage in combative jihad, whimsically and on their own. This restriction is vital for preventing much evil from occurring, and for truly upholding Islamic religious texts relevant to this matter.” “The basis of the legitimacy of jihad is that it is either to repel/resist aggression: “Fight in the Way of Allah those who fight you, but do not transgress limits; for Allah likes not the transgressors.” (Qur'an, 2:190), or to aid those who are weak and oppressed: “And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)?” (Qur'an, 4:75), or in defense of the freedom of worshiping: “To those against whom war is made, permission is given (to fight), because they are wronged; – and verily, Allah is most powerful for their aid.” (Qur'an, 22:39). It is not legitimate to declare war because of differences in religion, or in search of spoils of war.” “The concept of loyalty and enmity (Al-Wala wa Al-Bara) must never be used to declare anyone out of the fold of Islam, unless an actual article of unbelief is held by the person. In all other cases, it actually involves several types of judgment ranging according to the juridical five-fold scale: (permissible, recommended, not recommended, non-permissible, and required). Therefore, it is not permissible to narrow the application of this concept and use it for declaring a Muslim outside the fold of Islam,” the New Declaration said. The scholars from Turkey, Bosnia and Herzegovina, Saudi Arabia, Mauritania, Yemen, Iran and the US who took part in the conference on March 27-28, also issued a series of recommendations proposing conferences in Europe, establishing the Mardin Center for Research in Islamic Political Theory, setting up research units and departments at Islamic universities to formulate fatwas, encouraging theoretical and practical studies concerned with the historical conditions and circumstances affecting edicts, encouraging studies of the historical circumstances of edicts, and more efforts to “explore the legacy of Ibn Taymiyya and other illustrious scholars”. They also proposed that the New Mardin Declaration be referred to “the various fiqh (juridical) academies in the Muslim world for the purpose of enriching it, deepening discussion around it and extending its benefit (to a wider audience)”.
