In mid-February, self-declared Islamic State resident Abu ‘Umar al-Masri (@__UmBack__) Tweeted photos of 32 official Islamic State fatwas. Selected from a larger packet of more than 70, the 32 authentic fatwas (Islamic State supporters online have not cast doubt on their authenticity) provide a unique glimpse into life and politics in the Islamic State. Not intended as propaganda like most of the material distributed by the group, they are an unusual source, and one that so far seems to have gone unnoticed. Only one of them (no. 60) appeared and was analyzed previously.
Numbered and dated, the fatwas bear the insignia of the Islamic State’s Council for Research and Fatwa Issuing (Hay’at al-Buhuth wa’l-Ifta’), which seems modeled on Saudi Arabia’s body of similar name and purpose. Presumably, the Islamic State’s fatwa council is controlled by the larger Islamic State Shari’a Council, which carries real political weight. Recently, a former Islamic State mufti reportedly stated: “There’s nothing that is decided without the Sharia Council’s approval.” At the council’s helm, suggests Iraqi expert Hisham al-Hashimi, is the 30-year-old Bahraini scholar Turki al-Bin‘ali. The latter is likely the author, coauthor, or editor of some of the fatwas.
Below I provide a summary translation of the 32 fatwas, omitting the abundance of scriptural evidence provided and most of the legal argumentation. All are in question-and-answer format. Unfortunately, Abu ‘Umar did not photograph all of the fatwas in his stapled packet but rather only 35-38, 40-57, 59-62, and 65-71. These span the period December 2014 to February 2015. For accurate conversion of Islamic to Gregorian dates, I consulted the Islamic State’s official calendar.
The subjects covered are numerous: taxation (36, 70), warfare (35, 57, 59), travel (37, 46, 48, 65), games (49-50), women (40-45, 61, 70), dress (55-56), ritual (47, 53), counterfeit goods (51), organ transplantation (68), ransoming prisoners (52), and immolation (60), among others. One can glean from these fatwas much information about significant problems facing the the Islamic State. For example, no. 42 points to a dearth of female doctors, and no. 46 suggests that some widows of “martyred” Islamic State fighters have attempted to flee with their children. What is more, several of the fatwas presumably authorized subsequent actions taken by the Islamic State, such as its decision not to ransom (no. 52) Jordanian pilot Mu‘adh al-Kasasiba but rather burn him alive (no. 60).
Fatwas of the Islamic State’s Council for Research and Fatwa Issuing:
No. 35, December 11, 2014
Q. Does hard currency come upon in the course of jihad become war booty (fay’), or should it be distributed as alms (zakat)?
A. War booty. As such, a fifth of it is to be given to the office of war booty.
No. 36, December 11, 2014
Q. Should the alms tax (zakat) be levied on agricultural holdings that once belonged to apostates?
A. Yes. In the case of an apostate seized in the Abode of Islam, the duty to levy zakat on his holdings does not cease with his apostasy, if we were aware of the duty to levy zakat on them at the time of his Islam. The rest of his property (i.e., what is not taxed as zakat) goes to the treasury of the Muslims. If we were not aware of the need to levy zakat on his holdings at the time of his Islam, then all his property is considered war booty for the Muslims. In the case of an apostate who flees to the Abode of Unbelief, all of his property, including agricultural holdings, becomes war booty.
No. 37, December 16, 2014
Q. Is it permissible to travel to the areas under the control of the [Asad] regime for some need?
A. No. Travel to the lands of unbelief generally, and to the lands under the control of the regime specifically, is permissible only on the condition of one’s ability openly to disavow and show hatred to the unbelievers. We are certain that this condition is impossible to meet in the areas under the control of the regime; travel to them requires showing loyalty to it and disavowal of the Islamic State. However, if the need is actually a great need (darura), such as a medical condition, then travel to the lands of unbelief is permissible.
No. 38, December 2, 2014
Q. Is it permissible to curse an individual Muslim or unbeliever?
A. There are traditionally three rulings on this matter: (1) no in all cases, (2) yes in the case of unbelievers, and (3) yes in all cases. The difference derives from the existence of two kinds of cursing: (1) cursing one as guilty of acts of unbelief, iniquity, innovation, etc., and (2) cursing one as condemned to hellfire. Our view is that the first is permissible and the second is not, unless in the second case the accursed has already died upon unbelief.
No. 40, December 17, 2014
Q. Is it permissible for women to show their eyes and part of their face?
A. No. Women’s showing their eyes, or part of their face, causes temptation (fitna), especially when make-up is used. It is necessary for women to cover their eyes, even if only with something thin.
No. 41, December 17, 2014
Q. Is it permissible for a woman to wear weapons on her cloak (abaya), such that part of her body, or the definition of her body, is made visible?
A. No, not if the weapon gives definition to the body, as with a bandolier or quiver worn over the back. If the weapon is something like a Kalashnikov, then yes. It is permissible in the way a small bag is permissible.
No. 42, December 17, 2014
Q. Is it permissible, in the city or villages, for a female nurse to work in an office with a male doctor in the absence of a proper male guardian (mahram)?
A. No. It is forbidden for a woman to be alone with an unfamiliar man. If a guardian is unavailable, then she should have a group of women about her in order to ward off temptation. If a group of women is unavailable, then no.
No. 43, December 17, 2014
Q. Is it permissible for women to see male doctors for women’s medical conditions, given that there are few female doctors specializing in women’s medical conditions?
A. Women should see female doctors for treatment, and exert effort in seeking them out. If a female doctor cannot be found, then it is permissible to see a male doctor, but on the condition that he not be alone with her, and that he only examine her in the place(s) necessary.
No. 44, December 17, 2014
A. Proper covering includes: (1) having the entire body and hands concealed, (2) being thick, not thin, (3) being unadorned, (4) being loose-fitting, not tight-fitting, (5) being unperfumed, (6) not resembling men’s clothing, and (7) not resembling infidel women’s clothing. Improper showing includes: (1) showing anything of the body before unfamiliar men, (2) showing any part of the clothing beneath the veil, (3) suggestive ambling in front of men, (4) leg slapping, which is highly arousing, (5) coy and flirtatious talking, and (6) mixing with men, touching their bodies, shaking their hands, and crowding together with them in cramped vehicles.
No. 45, December 17, 2014
Q. Is it permissible for a woman to travel without a proper male guardian (mahram)?
A. No. She must have a guardian.
No. 46, December 17, 2014
Q. Is it permissible for the wives of martyrs to leave with their children for the lands of unbelief?
A. No. It is prohibited for them, and for anyone else, to leave for and reside in the lands of unbelief. Whoso migrates from the Abode of Islam to the Abode of Unbelief has committed a great sin (ithm ‘azim), shirking the duty to emigrate to the Abode of Islam. If a woman insists on leaving for the Abode of Unbelief with the son of a mujahid, she should be punished (tu‘azzar) as a deterrent and preventive measure.
No. 47, December 18, 2014
Q. Is it permissible to specify the period of time intervening between the call to prayer (adhan) and the call just before the prayer (iqama)? Such as 30 minutes for the dawn prayer, 20 minutes for the midday prayer, afternoon prayer, and night prayer, and ten minutes for the evening prayer?
A. The Prophet’s normative practice (Sunna) indicates that a period of time intervenes between the call to prayer and the call just before the prayer. It is up to the prayer leader to determine the length of this period, such that the congregants are able to gather and perform their rites. The length of this period differs from prayer to prayer in accordance with the Sunna. The prayer leader must also consider the size of his congregation, with a view to not holding up a small group or rushing a large one.
No. 48, December 20, 2014
Q. Is it permissible to sell passports to the Muslims in the Islamic State?
A. No. It is not permissible to facilitate the travel of the inhabitants of the Islamic State to the lands of unbelief, whether they intend to travel there for a need, for trade, or for any other permissible activity. There is no question that the conditions necessary for travel to the lands of unbelief cannot be met today. These include: openly disavowing the unbelievers; not taking them as allies; evincing hatred of idolatry and unbelief and their people; being able to perform the Islamic rites in full and without fear; and not imitating the unbelievers or participating in their idolatrous holidays.
No. 49, December 28, 2014
Q. Is it permissible to play billiards?
A. Yes, but on several conditions: (1) that the game be free of all forms of betting and gambling, including forcing the loser to pay the cost of the game; (2) that it not inhibit worship of and obedience to God in any way; and (3) that there be no cursing or abusive language. It need be remarked that it is unbecoming of God’s mujahid servants to spend much of their free time on such things that do not benefit them but rather waste their time and harden their hearts.
No. 50, December 28, 2014
Q. Is it permissible to play foosball?
A. Yes, but on several conditions: (1) that the game be free of all forms of betting and gambling, including forcing the loser to pay the cost of the game; (2) that it be free of human figures and representations; (3) that there be no cursing or abusive language; and (4) that it not inhibit worship of and obedience to God in any way. We wish to stress, as we did in the ruling on billiards, that it is best to avoid such things as this, which do not redound to the benefit of the Muslims, particularly the mujahidin, but rather waste their time and harden their hearts.
No. 51, January 5, 2015
Q. Is it permissible to counterfeit brand-name goods and display them in the market with the same name?
A. No. It is a form of forbidden deceit to display goods among customers misleadingly. Selling counterfeit goods with the original brand name, without acknowledging it, is deceit and fraud. If the vendor insists on writing the brand name on counterfeit goods, he must do two things: (1) write “imitation” next to the brand name in the same size font, and (2) lower the price below that of the genuine item.
No. 52, January 14, 2015
Q. Is it permissible to ransom an apostate for money or men?
A. No. It is not permissible to ransom a captured apostate or show him mercy; he ought to be killed. This is made plain in the Qur’an and Sunna, and is a matter of consensus (ijma’) among the scholars. However, it could be argued that this act can be permissible in the event of a great need (darura), such as could derive from ransoming the apostate for some of the Muslims’ leadership among scholars and commanders.
No. 53, January 17, 2015
Q. Which is better, delaying the night prayer or performing it earlier in a mosque?
A. It is better to delay the night prayer until one third or half of the night has passed [night meaning the period between the evening prayer and the dawn prayer].
No. 55, January 18, 2015
Q. Is it permissible for men to wear their garments long (isbal)?
A. No. It is not permissible to wear one’s garment below the ankles, whether out of arrogance or for any other reason.
No. 56, January 19, 2015
Q. Is it permissible to wear Western clothing bearing images of people and animals, or clothing revealing of one’s intimate parts (‘arwa)?
A. No. Wearing Western clothing is forbidden since it involves imitating the unbelievers; the sin is magnified if the clothing bears images of people or animals. Likewise it is forbidden to wear clothing revealing of one’s intimate parts.
No. 57, January 19, 2015
Q. If someone succumbs to his wounds after battle, should the rites of martyrdom be performed, such as cleaning his body and praying over him?
A. In point of fact, a martyr who dies in battle should not have his body cleaned and should not be prayed over. He is to be buried in his blood. A martyr who dies in battle should be buried thus, as should one who barely survives and dies soon afterwards. If one is injured in the course of fighting the unbelievers and returns to normal life, then upon his death his body should be cleaned and he should be prayed over.
No. 59, January 19, 2015
Q. If someone is killed in the course of battle after the mujahidin have captured war booty, does his share of the war booty go to his heirs?
A. Yes. When one of the mujahidin dies in the course of battle after the war booty has been captured, then his share goes to his heirs, since he had acquired his share before dying.
No. 60, January 20, 2015*
Q. Is it permissible to burn an unbeliever till he dies?
A. The Hanafi and Shafi‘i schools of Islamic law judged immolation to be permissible, while some scholars judged it to be forbidden. At all events, it is permissible on the basis of reciprocity (mumathala), as when the Prophet gouged out the eyes of the ‘Uraniyyin.
No. 61, January 27, 2015
Q. Is it permissible for women to bleach their eyebrows?
A. Yes. The default judgment in a matter is that it is allowed, and bleaching is akin to dying one’s hair or beard, which no prooftext forbids. Still, it is best for a Muslim woman to avoid and refrain from all things that could lead to accusations being made against her.
No. 62, January 27, 2015
Q. Should one who finds lost property (luqta) be given compensation?
A. If the one who found it pointed it out voluntarily, then he is not owed anything. However, if the one who found it charged another with pointing it out, the first is owed compensation.
No. 65, January 29, 2015
Q. Is it permissible for the soldiers of the Islamic State to go to the lands of unbelief without a legitimate reason? Is it permissible to support them in this with money and property?
A. It is an obligation to distance oneself from the idolaters and their lands by means of emigration (hijra) to the Abode of Islam. The creation of the Islamic State has removed a major constraint from the Muslim community. God has given the community a state that applies Islamic law and rules thereby, so it is obligatory for all Muslims to emigrate to the Islamic State pursuant to the command of God and His Prophet. Whoso leaves the Abode of Islam for the Abode of Unbelief without a legitimate reason has committed a sin (ma‘siya). It is not permissible to support him with money or anything else.
No. 66, January 29, 2015
Q. Is it permissible to take a sum of money from one’s father or mother, or from a wealthy individual, with a view to using this money to emigrate to the Islamic State and wage jihad?
A. If one takes money in a lawful manner, such as in the form of a gift, then it is doubtless permissible. If one steals from or swindles the rich, this is not permissible. Nor is it permissible for a son to steal from his father. However, if a son takes from his father what the father was obliged by God to give him in the first place, then this is not theft. Such is the case of a son taking from his father in order to emigrate from the Abode of Unbelief to the Abode of Islam.
No. 67, January 29, 2015
Q. Many have asked about the truth of the Arabic numerals (٣ , ٢, ١, etc.), including the claim that they are Indian in origin and are the ones used in the Latin alphabet (1, 2, 3, etc.). We ask for clarification on this matter.
A. The historians have more than one position on this issue, but the best opinion is that the Arabic numerals are ٣ , ٢, ١, etc. The Arabs, not the Indians, introduced these numbers. The Arabs only borrowed from the Indians the idea of the decimal numeral system, not the shape of the numbers. So it is wrong to say that the Arabs took these numbers from the Indians.
No. 68, January 31, 2015
Q. Is it permissible for Muslims in need to take from the organs of an apostate prisoner?
A. Yes. It is permissible to transplant the healthy organs of the body of an apostate to the body of a Muslim, in order to save the latter’s life or improve his condition if he has lost organs. The jurists of the Shafi‘i and Hanbali schools of Islamic law, among others, permitted killing belligerent unbelievers or apostates and eating their flesh as a life-saving measure. The case of organ transplantation as a life-saving measure is similar. Moreover, it is established that the lives and organs of apostates are fundamentally licit. Their organs may thus be taken, whether or not the apostates are alive or already dead, and whether or not doing so results in their death.
No. 69, February 2, 2015
Q. Who comprises the Prophet’s family (Al al-Bayt)?
A. The two positions on this question are: (1) that the Al al-Bayt comprise the line beginning with Hashim (the Prophet’s great-grandfather) and (2) that they comprise the line beginning with ‘Abd al-Muttalib (the Prophet’s grandfather). The best opinion is that the Al al-Bayt comprise those forbidden from receiving charitable alms (sadaqa), which is the line beginning with Hashim along with the Prophet’s wives and progeny.
No. 70, February 3, 2015
Q. If a father on the brink of death distributes some or all of his lands to his sons, in a way contravening the law of inheritance, should zakat be levied on the lands altogether or on each piece of land individually?
A. The answer depends on whether the father has: (1) given the lands as gifts, (2) preemptively bequeathed them as shares of the obligatory inheritance, or (3) merely charged the sons with administering them. In the second case the bequeathal is unlawful, as the father who is still alive cannot preemptively bequeath. In the first case the gifts are legitimate so long as the division among the sons is equal; zakat should then be levied on each piece of land individually. In the third case ownership has not changed so zakat should be levied on the lands altogether.
No. 71, February 3, 2015
Q. Is the practice known to the masses as “reciprocal marriage” permissible? This is the practice whereby a man gives in marriage his daughter or sister to another man on the condition that the second man give his daughter or sister in marriage to the first, no bride price being paid.
A. No. This practice taking place today has long been forbidden by the law. It does an injustice to the bride, whose permission for marriage must be asked. Furthermore, the reciprocal deal cannot be considered a bride price. Such a marriage contract is unlawful.
* This is the only fatwa that appeared previously, before Abu ‘Umar’s photographs. See the full translation by Aymenn Jawad al-Tamimi.