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Gaza Islamic Leader Criticizes Hamas for Consequences of War — But Not for Atrocities During October 7 Attack
An aerial view shows the bodies of victims of an attack following a mass infiltration by Hamas gunmen from the Gaza Strip lying on the ground in Kibbutz Kfar Aza, in southern Israel, Oct. 10, 2023. Photo: REUTERS/Ilan Rosenberg
Last week, the BBC published an article about an Islamic leader’s response to the Gaza war, which opened with the misleading headline: “Gaza’s top Islamic scholar issues fatwa criticizing 7 October attack.” It then continued to highlight his criticism of Hamas and the religious leaders prominence in Gaza, but never mentioning that he only criticized the devastating impact that the war had on Palestinians. His fatwa did not have one word of criticism of the rape, burning alive, and massacre of Israeli civilians.
This approach follows the Palestinian Authority’s policy that Palestinian Media Watch has reported on repeatedly, to defend and justify the Oct. 7 atrocities while criticizing Hamas for the destruction in Gaza.
The implication of the BBC headline, on the other hand, and opening paragraphs of the BBC article is clearly that he was criticizing what happened on Oct 7:
“The most prominent Islamic scholar in Gaza has issued a rare, powerful fatwa condemning Hamas’s 7 October 2023 attack on Israel, which triggered the devastating war in the Palestinian territory… Dr Dayah’s fatwa, which was published in a detailed six-page document, criticises Hamas for what he calls ‘violating Islamic principles governing jihad’… Dr Dayah adds: ‘If the pillars, causes, or conditions of jihad are not met, it must be avoided in order to avoid destroying people’s lives. This is something that is easy to guess for our country’s politicians, so the attack must have been avoided.’ For Hamas, the fatwa represents an embarrassing and potentially damaging critique, particularly as the group often justifies its attacks on Israel through religious arguments to garner support from Arab and Muslim communities.”
The BBC quoted al-Dayeh that Jihad requires “to avoid destroying people’s lives,” and since the BBC wrote that he was “criticizing 7 October attack,” the implication is that he was critical of Israel’s civilian deaths.
The fatwa by Islamic scholar Salman al-Dayeh, has six parts, each critical of a statement made by a senior Hamas figure regarding the war in Gaza. The fatwa states that Hamas did not fulfill the conditions of jihad because it did not take into consideration the disastrous impact on civilian Palestinians.
The conditions for waging jihad, he writes, include waging the war far away from Muslim civilians and ensuring that they have enough food and water for the duration of the war:
The jihad must be “far from [the Muslim] population centers and safe shelter away from inhabited houses, populated towers, crowded schools, busy hospitals… and to store provisions that will last them longer than what opinion holders and advisors expect regarding the war.”
[Salman Daya, Facebook page]
He also insists that based on the “war people,” i.e., Israel’s past responses to Palestinian’s lesser attacks from Gaza and the West Bank, Hamas should have anticipated this counterattack and should not have attacked:
“This [the counterattack] is something that politicians and leaders in our country can easily assess if they examine the aggression of the war people [=Israelis] on the West Bank and Gaza in previous confrontations, which were much lighter than what happened on October 7th, and [Palestinians] were met with many martyrs and wounded, the explosion of houses and towers, the uprooting of people for days and months to schools and hospitals…. If the response of the war-people [Israelis, in the past] was causing severe damage for much more minor reasons than what happened on October 7th, this causes any rational person to understand that the extent of damage from their response in the case of a larger event than before would be many times greater.”
The Oct. 7 attack was a total failure because none of the jihad goals were achieved:
“None of the goals behind provoking the enemy, angering it and stirring up war with it, which the resistance [Hamas] declared at the time, were achieved.”
Moreover, Hamas’ goals were not realistic in the first place:
“When it is likely that the goals of jihad will not be achieved… it should be avoided.”
Finaly, the fatwa author criticizes Hamas for its self-satisfied attitude that implies victory but totally ignores the reality of its defeat and the destruction it caused:
“I see that [Hamas’] motivation is high, that faces are glowing, that cheeks are flushed, and that the tone of speech indicates satisfaction and contentment. This appears like the joy of a victor, over a victory that achieved security and peace for your people in their life domains, that freed the prisoners, that separated them from their enemy, and that put an end to injustice at Al-Aqsa Mosque. While the opposite is true: your entire people have become sick in soul or body, disabled, mentally impaired, sad at heart… This is in addition to frightening numbers of martyrs and amputees, widows and orphans. This is such a tragedy that even if the war ends tonight, its suffering will continue for decades.“
Later in its article, the BBC does point out his criticism of Hamas for the suffering of Palestinians:
“Al-Dayeh 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.”
Nowhere, however, does the BBC mention that the fatwa author does not have any criticism of the October 7 atrocities against Israelis, which was the overt message of its headline and opening sentence: “Gaza’s top Islamic scholar issues fatwa criticizing 7 October attack. The most prominent Islamic scholar in Gaza has issued a rare, powerful fatwa condemning Hamas’s 7 October 2023 attack on Israel…”
Much has been written and publicized accusing the BBC of significant misrepresentation and anti-Israel bias. Headlining an article to give the readers the impression that the Oct. 7 atrocities were criticized by a leading Gazan religious figure can now be added to that list.
Nonetheless, the fatwa is very significant as it shows that even today after all the atrocities are well known, when a top Gazan religious figure criticizes Hamas, he is not critical of the murder and rape of Israelis.
The following is the screenshot of the BBC article:
Itamar Marcus is Founder and Director of Palestinian Media Watch, where a version of this article first appeared.
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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
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