Council of Senior Ulema Fatwa on terror-financing

May 7, 2010

Resolution 239 dated 27 Rabi al-Thani 1431 H [April 12, 2010]

All Praise to Allah, the Lord of the world; and May peace and prayers be upon our Prophet and his family and companions; and thus:

The Council of Senior Ulema [Council of Senior Scholars] in its twentieth extraordinary session help in Riyadh, Saturday 25 Rabi al-Thani 1431 H [10 April 2010], refers to its previous decisions and statements concerning crimes committed by the corrupters on earth by undermining the security and causing grave violations of sanctity in Muslim and other countries, such as the decision of 12 Muharram 1409 H [25 August 1988] and the statements of 22 Jumada al-Thani 1416 H [16 November 1995]; 13 Safar 1417 H [30 June 1996]; 14 Jumada al-Thani 1424 H [12 August 2003].

The Council considers the ruling on the “financing of terrorism” by judging that “terrorism” is a crime aiming at destabilizing security, and constitutes a grave offense against innocent lives as well as against properties whether public or private; such as: blowing up of dwellings, schools, hospitals, factories, bridges; airplanes (including hijacking), oil and pipelines, or any similar acts of destruction or subversion outlawed by the Islamic Shariah [law].  It also regards the financing of such terrorist acts as a form of complicity to these acts that leads only to bring accessory to them, and to bring a conduit for sustaining and spreading of such evil acts.

The Council also looked into textual evidences from the Qur’an, the Sunnah (sayings and deeds of the Prophet Muhammad) and the rules of Shariah that “incriminate the financing of terrorism”.  Of these evidences are the Sayings of the Almighty: “…and help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allah. Verily, Allah is Severe in punishment. [Surah Al-Ma’idah, verse 2].  He also Said: And of mankind there is he whose speech may please you, in this worldly life, and he calls Allah to witness as to that which is in his heart, yet he is the most quarrelsome of the opponents.  And when he turns away, his effort in the land is to make mischief therein and to destroy the crops and the cattle, and Allah likes not mischief.” [Surah Al-Baqarah, verses 204-205].  He, the Almighty, also said: “And do not do mischief on earth after it has been set in order.” [Surah Al-A’raf, verse 56]

Al-Hafiz ibn Hajar, may Allah have mercy on him, said in Fath al-Bari: “the perpetrator and the one who provides cover for him are equal in sin.”

Furthermore, it is the established rules of Islamic Shariah: for the means is the ruling of ends.  Add to this ruling the general Shariah provisions for safeguarding and protecting rights, vows and commitments in Islamic or other countries.

Thus, the Council rules that the financing of terrorism; the inception, help or attempt to commit a terrorist act whatever kind or dimension is forbidden by Islamic Shariah and constitutes a punishable crime thereby; this includes gathering or providing of finance for that end, or providing help or participating in it in any form or manner including financial or non-financial assets, regardless whether these assets are originated from legal or illegal sources.

He who committees such a crime intentionally, commits a forbidden act, and has been in a flagrant violation of Shariah that call for a punishment according to its law.

The Council also affirms that the incrimination of the financing of terrorism does not extend to ways of supporting legitimate charity to help the poor people and alleviate their sufferings, or pay for their treatment and education, hence, this Allah ruling on the money of the rich to be paid to the poor.

The Council by declaring this ruling, call upon all Muslims to adhere to the teaching of their religion and the righteous path of our Prophet, may peace and prayer be upon him, and to refrain of any act that might cause any harm to other people or transgress on them.

We invoke Allah Almighty for the good, the safeguarding, the unity and prosperity of this country, the Kingdom of Saudi Arabia, other Muslim countries, and also to improve the lives of all mankind, and to help spread virtue and justice all over the world, Allah is the guide and director to the righteous path.  May peace and prayer be upon our Prophet, his family and companions.

The Council of Senior Ulema

Abdulaziz bin Abdullah bin Mohammad Al-Asheikh
Chairman of the Council of Senior Ulema

Saleh bin Muhammed Al-Luhaidan
Dr. Abdullah bin Abdulrahman Alghidayan (did not attend due to illness)
Abdullah bin Solaiman bin Moneea'
Dr. Saleh bin Fawzan bin Alfawzan
Dr. Abdullah bin Abdulmohsin Alturki
Dr. Abdulwahab bin Ibrahim Abu Solaiman
Dr. Abdullah bin Mohammad Al-Alshaikh (did not attend due to foreign travel)
Dr. Saleh bin Abdullah bin Homaid
Dr. Ahmad bin Ali Sirr Mubaraki
Dr. Abdullah bin Mohammad Almotlaq
Dr. Mohammed bin Abdulkarim bin Abdulaziz Al-Issa
Saleh bin Abdulrahman Al-Hussein
Abdullah bin Mohammed bin Saad Alkhinain
Dr. Mohammed bin Hasan bin Abdulrahman bin Abdulatif Al-Alshaikh
Dr. Yaqub bin Abdulwahab bin Yousef Al-Bahussein
Dr. Abdulkarim bin Abdullah bin Abdulrahman Al-Khudair
Dr. Ali bin Abbas bin Othman Hakami
Dr. Qais bin Mohammed bin Abdullatif Al-Alsheikh Mubarak