Gaza’s top Islamic scholar issues fatwa against October attack

Dr Dayah argues that the significant civilian casualties in Gaza, together with the widespread destruction of civilian infrastructure and humanitarian disaster that have followed the 7 October attack, means that it was in direct contradiction to the teachings of Islam.

Hamas, he says, has failed in its obligations of “keeping fighters away from the homes of defenceless [Palestinian] civilians and their shelters, and providing security and safety as much as possible in the various aspects of life… security, economic, health, and education, and saving enough supplies for them.”

Dr Dayah points to Quranic verses and the Sunnah that set strict conditions for the conduct of jihad, including the necessity of avoiding actions that provoke an excessive and disproportionate response by an opponent.

His fatwa highlights that, according to Islamic law, a military raid should not trigger a response that exceeds the intended benefits of the action.

He also stresses that Muslim leaders are obligated to ensure the safety and well-being of non-combatants, including by providing food, medicine, and refuge to those not involved in the fighting.

“Human life is more precious to God than Mecca,” Dr Dayah states.

His opposition to the 7 October attack is especially significant given his deep influence in Gaza, where he is seen as a key religious figure and a vocal critic of Islamist movements, including Hamas and Palestinian Islamic Jihad.

His moderate Salafist beliefs place him in direct opposition to Hamas’s approach to armed resistance and its ties to Shia-ruled Iran.

Salafists are fundamentalists who seek to adhere the example of the Prophet Muhammad and the first generations who followed him.

Dr Dayah has consistently argued for the establishment of an Islamic caliphate that adheres strictly to Islamic law, rather than the political party-based systems that Hamas and other groups advocate.

“Our role model is the Prophet Muhammad, who founded a nation and did not establish political parties that divide the nation. Therefore, parties in Islam are forbidden,” he said in a sermon he gave at a mosque several years ago.

He has also condemned extremism, opposing jihadist groups like Islamic State and al-Qaeda, and has used all of his platforms to issue fatwas on various social and political issues, ranging from commercial transactions, social disputes over marriage and divorce, to the conduct of political violence.