The HAMAS Case

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REPORT ON DIGNITY IN ISLAM

BY

DR SHEIKH HAITHAM AL-HADDAD

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1. INSTRUCTIONS

1. I have been instructed by Riverway Law to provide a report on matters within my expertise in support of the application to the British Home Secretary to deproscribe Harakat al-Muqawamah al-Islamiyyah (‘Hamas’).

2. This report has been prepared to focus on the concept of dignity in Islam and how such a notion is central to the lives of Muslims around the world. The report provides some personal background to my own status as a Palestinian from Zeitoun, Gaza, who has been forced to live as a dispossessed person in the diaspora – and how such an existence is directly to how Palestinians understand their continued humiliation as displaced persons. The report then leads into a discussion on how Islam exists to provide human beings with a sense of dignity, and how such dignity must be provided to all human beings, including prisoners convicted of crimes.

2. QUALIFICATIONS

3. I give this report in my personal capacity.

4. I am an Islamically trained scholar and jurist and currently serve as the Chair of the Fatwa Committee for the Islamic Council based in the UK.

5. I have studied the Islamic sciences for over twenty years under the tutelage of renowned scholars such as the late Grand Mufti of Saudi Arabia, as well as the retired Head of the Kingdom’s Higher Judiciary. I attained a BSc in Law & Islamic Law from Omdurman University in Khartoum, Sudan.

6. I have specialised in a range of Islamic Sciences, and successfully defended my doctoral thesis on the Islamic jurisprudence relating to Muslim minorities at SOAS, the University of London.

7. I have specialised knowledge in the field of Fiqh, Usul al-Fiqh, Maqasid al-Shari'ah, Ulum al-Qur’an, Tafsir, Aqidah, and Fiqh al-Hadith. My specialism lies in providing complex theories that address the role of Islamic jurisprudence within a Western environment, whilst also critically re-analysing the approach of Islamic jurists in forming legal rulings (ifta’) within a Western sociopolitical context.

8. I am the author of a wide range of articles, academic papers and books, ranging in topics from Islamic belief to the socio-political lives of Muslims. I have also provided expert evidence in legal cases in a range of legal jurisdictions across the world.

DIGNITY IN ISLAM

3. PERSONAL BACKGROUND

9. For Palestinians who grew up in the diaspora – as was my personal experience – notions of dignity have played a central role in the way we have constructed our own identity, having been consistently denied our right of return by the settler colonial Zionist regime. I share some personal background as a Palestinian as a means to situate my locus to this subject as not just a scholar of Islamic law, but as someone who has been forced to live through the consequences of our dispossession.

10. In 1948, the Zionist regime dispossessed Palestinians of the majority of our land, compelling refugees to flee to Gaza and the West Bank, which were not under the control of the occupation. At that time, regional powers agreed that Gaza would be administered by Egypt, and the West Bank by Jordan. The Jordanian government issued the Palestinians in the West Bank with Jordanian passports as a means of affording them some level of equality with its own citizens and trying to restore some level of dignity to them; by stark contrast, Egypt’s policy towards the Palestinians in Gaza under its care was to enhance their humiliation, the first step of which was to deny them Egyptian passports and issue them with travel documents that in effect served to hinder, rather than facilitate, travel. These documents did not grant the bearer the right to enter Egypt unless a visa was obtained from the Egyptian consulates abroad beforehand. There were often occasions when Palestinian holders of such documents who were born in Egypt or who have lived there for most of their lives had no automatic right to stay in or re-enter the country, but who had to renew their visas every six months to three years. Many were left trapped abroad because Egyptian consulates denied their entry visa requests in summary fashion, without providing reasons.

11. My father is from Zeitoun, Gaza which is how we came to be issued with these Egyptian travel documents. My father left Gaza in 1964 to work as a teacher in a city called al-Taif in Saudi Arabia, where I was born. In 1967, Zionist forces occupied Gaza and the West Bank. My father was unable to return to his home and overnight became a refugee. My father hated the word ‘refugee’ because of the negative connotations associated with the term, and the implication that the bearer of the label rendered them less deserving of dignity than others. He would often dissuade my siblings and I from using the term to describe ourselves.

12. I grew up knowing that I am Palestinian, but I had little idea of what this meant as an identity beyond the simple title that I was Palestinian. While I was growing up in Saudi Arabia, I experienced a lot of racism at the hands of some local Saudis, who used to verbally abuse us – they would disparagingly call us musharrad in Arabic, which while linguistically meaning ‘homeless’ was used as a pejorative description for our being refugees – hence perhaps why my father despised the word.

13. Everyone around us would be able to speak about their qabila (tribe) or city, except us – we could never speak about this because our family was not around us. They were in Gaza in Palestine. I would see the amount of stress my parents, especially my father would live with. I didn’t understand what it meant to be Palestinian as they did – what it meant to be dispossessed of our lands. In Saudia Arabia we used to require an iqamah (residency permit), but it would be an extremely stressful administrative process which would always leave you feeling precarious living in a country that never truly accepted you.

14. My father was a very proud man, and of his identity as a Palestinian. However, myself, I was not proud of my Palestinian identity because of an inferiority complex that had developed in me as a result of growing up as a member of a ridiculed and despised minority. It has only been in my later life that I have embraced my Palestinian identity because of how I came to understand the inferiority complex that had grown in me. It makes you a defeated person, not one who holds himself with dignity – one who has aspirations to achieve in life. We learned many things from our parents – the chief of which was obtaining a good education – otherwise you would have no place in the world, as people would not respect you.

15. My father used to always hold the leaders of the Arab world in complete disdain, almost spitting on the TV when they would appear due to their betrayal of the Palestinian people. He would say, “All of them sold Palestine, all of them conspired with the Zionists and the British to sell Palestine.” I recall once watching the TV when I was very young – maybe 6 or 7 – and seeing the images of refugees fleeing a conflict, with my father bemoaning that they should not have left. I asked him why we had left our country in that case, to which he became very animated, and protested that we had never left, but on the contrary, had been forcibly stopped from returning.

16. Throughout his life, my father held on to a piece of land he could never return to. He refused to sell it his entire life because he never once wanted anyone to say that he sold a piece of his homeland, that he sold a piece of Palestine to anyone else. This was even at a time when people were spending well over the asking price in Hayy al-Rimal where the land was located close to, in the north of Gaza – now completely destroyed by the Zionist forces.

17. When I finished my studies, I wanted to continue my studies abroad, and for the first time I was confronted with not having a passport. Eventually, my father managed to procure for me an Egyptian travel document – except that there was almost no place in the world I could travel to on such a document – including Egypt. The only thing that can be said of the process of procuring the travel document from Egypt, is that the process is purposefully humiliating. In my father’s life and in my life, there has never been anything more humiliating than going to the Egyptian embassy to procure this document.

18. With my travel document, I could not go anywhere. I could not even go to Egypt. I called Arab embassy after Arab embassy to try and secure a visa for a place at university. I vividly recall a conversation with a Syrian embassy official who lectured me on how great Syria was and how it welcomed Arabs from all over the world, only to deny me entry when he learned that I was a Palestinian. Even Yemen, which was a very poor country at the time, told me that I could not travel there to further my studies. It was only after the Sabra and Shatila massacre in Lebanon in 1982 that King Fahad declared that all Palestinians in Saudi Arabia should be treated as equals with Saudi citizens. So we went to King Abdul Aziz University to seek admissions – because going to university was a dream for us. Again though, we were faced with the humiliation of being told that there were no instructions to allow us to study there.

19. The core lesson we learned from our experiences was that the Arab regimes were exploiting the Palestinian cause as a means to further their own interests. They did not care for us … None of them were really interested in our freedom or our dignity. Our cause was a currency for their people, not as a genuine means of liberation for our people. To live as a Palestinian in the Arab world, was to be routinely humiliated for having been dispossessed – regardless of the role those very countries played. Despite this, Palestinians have developed their own dignity through their concept of sumud, a steadfastness to reclaim our lands and our sense of dignity.

20. While I grew up despising my identity because of its association with repression, dispossession and humiliation, the actions and behaviour of the people of Gaza in their resistance, their resilience, their pride, their honour and their dignity, despite the attempts to exterminate them, have instilled a level of pride in me in my identity as a Palestinian that I never thought could happen.

4. INTRODUCTION TO DIGNITY IN ISLAM

21. Dignity is one of the translations of the Arabic term, karamah كرامة which is derived from the root word karam كرم . The meanings of this word i.e. كرم in Arabic revolves around generosity, goodness, honour and positivity¹. Hence dignity or كرامة as a term can be defined as the right of every human being to be respected and valued as human beings.² Dignity, therefore, represents the intrinsic and earned respect that every individual deserves. It encompasses preservation of the five human necessities that Islam stated; life, religion, wealth, intellect, and lineage. Life including notions of health.

22. Rooted in Qur’anic principles and the teachings of the Prophet Muhammad (peace by upon him), dignity is a cornerstone of Islamic ethics, shaping personal conduct, societal interactions, and even the treatment of adversaries. It is demonstrated through refined speech, courteous akhlaq (conduct), and steadfastness in the face of trials and tribulations, embodying a deep sense of honour and self-restraint in both personal and social interactions.

23. We can demarcate dignity in Islam into two categories, “God-given dignity” and “earned dignity”. God-given dignity is inherent to every human being, irrespective of status, achievements, or circumstances, as affirmed in the Qur’an and this forms the foundation of human rights and ethical treatment. Allah says in the Qur’an,

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُم مِّنَ الطَّيِّبَاتِ

وَفَضَّلْنَاهُمْ عَلَىٰ كَثِيرٍ مِّمَّنْ خَلَقْنَا تَفْضِيلًا

“And We have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference.”³

24. In fact, the centrality of human dignity from an Islamic perspective goes back to the story of the creation of the prophet Adam, the father of humanity. Allah confirmed this by stating clearly that He created Adam by his own Hands and commanded the angels to prostrate for him to show him how much Allah loves him and how much He honoured him. We read the following in Quran, “O Iblis, what prevented you from prostrating to that which I created with My Hands? Were you arrogant [then], or were you [already] among the haughty?”⁴ The Quranic evidences that confirm this reality i.e. that Allah honour mankind, are countless. This gives a very key reason behind the status of human dignity in Islam. It is a God-given gift and violating it is in fact violating Allah’s rights.

25. Earned dignity, on the other hand, is acquired through virtuous behaviour, such as integrity, courage, and kindness. The prophets of Allah epitomised this, maintaining unwavering dignity even in the face of severe trials and opposition. Their steadfastness, rooted in taqwa (God-consciousness), inspired a balance of justice, humility, and respect towards all, even their enemies. Despite enduring immense trials, rejection, abuse, and even torture — some to the extent of sacrificing their lives — they remained unwavering in their commitment to dignity. In the face of adversity, they upheld supreme self-respect and moral integrity, refusing to stoop to the level of their enemies. Their steadfastness was rooted in taqwa (God-consciousness), which empowered them to navigate hardship with a profound sense of karama (honour and dignity). They understood that Allah was ever-watchful, that ultimate justice belonged to Him, and that His guidance called for resisting the clouding of judgment by injustice or oppression. Instead, they exemplified the principle of upholding justice and dignity towards oneself and others, even in the most challenging circumstances.

26. It is vital to understand that the entire earth with all that is on it was created for mankind. Allah says “And He has subjected to you whatever is in the heavens and whatever is on the earth – all from Him. Indeed in that are signs for a people who give thought.”⁵ Having said that, it should be noted that Islam gives consideration to the earned dignity in certain circumstances that would not violate the higher aims and objectives of Islam, including justice. For example, Islam encourages respecting elderly people. It is reported that the Prophet Muhammad (peace be upon him) said, “Part of respect for Allah is to show respect to an old Muslim and to someone who knows the Qur'an, as long as he does not go to excess in it nor turn away from it, and to respect a just ruler.”⁶

5. ISLAM AND DIGNITY IN HISTORICAL CONTEXT

27. Islam’s contribution to human dignity is best appreciated when viewed within the broader context of world history. Societies have long been plagued by inequities based on social class, race, gender, and creed, often resulting in the subjugation and enslavement of individuals with darker skin, the oppression of women, and the marginalisation of those adhering to different beliefs. Guided by the Quranic principles of justice, dignity, and fairness, Islam introduced social structures designed to uphold the inherent dignity of all individuals as a fundamental human right. These structures also created an environment where those who earned honour through their character and actions could thrive.

28. Bilal ibn Rabah (ra), a former enslaved man of African descent, exemplifies Islam’s rejection of racial superiority. Appointed as the first mu’adhin (caller to prayer), his rise symbolised the emphasis on individual merit and piety over race or background. The Prophet Muhammad (peace be upon him) is reported to have said, “There is no superiority of an Arab over a non-Arab, or a non-Arab over an Arab; nor of a white person over a black person, or a black person over a white person, except by piety and good deeds.”⁷ This declaration underscores Islam’s commitment to equality and the dignity of all people, regardless of their race or background.

29. The last sermon of the Prophet laid down the foundations of the Islamic ethics and values. In fact, many scholars consider it as the Islamic universal declaration of rights (creator and creation including humans). Among the key statements of that sermon is, “O People! just as you regard this month, this day, this city as sacred, so regard the life and property of every Muslim a sacred trust. Return the goods entrusted to you to their rightful owners. Hurt no one so that no one may hurt you. Remember that you will indeed meet your Lord, and that he will indeed reckon your deeds.”⁸

30. The principles of dignity and justice are also evident in Islam’s groundbreaking reforms for women. At a time when women were denied basic rights, Islam granted them the ability to own, inherit, and manage wealth independently. Allah says in the Quran, “For men is a share of what they have earned, and for women is a share of what they have earned.”⁹ In fact, the final sermon of the Prophet that was mentioned earlier included the affirmation of women’s rights in Islam. He said, “O People it is true that you have certain rights with regard to your women but they also have rights over you. Remember that you have taken them as your wives only under Allah's trust and with His permission. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers. And it is your right that they do not make friends with any one of whom you do not approve, as well never to be unchaste.”¹⁰

31. Islam also abolished the barbaric practice of female infanticide prevalent in pre-Islamic Arabia. The Quran condemns this act, stating: “When the female infant buried alive is asked for what sin she was killed.”¹¹

32. Imam Al-Shatibi (d. 1388 CE), a scholar of Maqasid al-Shariah (objectives of Islamic Law), argued that the preservation of dignity is one of the primary objectives of Islamic law. This includes protecting faith, life, intellect, progeny, and wealth, as these are essential for ensuring human dignity. He stated, “The Muslim nation – or rather all nations – has collectively agreed on the fact that the shari'ah aims at the preservation of the five necessities, which are: religion, life, intellect, lineage and property. Knowledge of this is an essential part of religion. This was not established through a specific textual evidence; rather, it was known to conform to the shari'ah through numerous pieces of evidence that cannot possibly be listed in one chapter.” As we notice here that Al-Shatibi confirmed that all nations do agree that these are the essential needs of human beings. Similarly, Muslims scholars, agreed to them as well. However, some can say that dignity goes beyond these basic needs to include respect and values – the opposite of which is humiliation and degrading treatment.¹² Imam Ibn Qayyim Al-Jawziyyah (d. 1350 CE) linked dignity to justice, stating that maintaining human dignity requires upholding justice, preventing oppression, and ensuring the welfare of all people, regardless of faith or status.¹³

33. Having said that we can easily disagree with the comment of some researchers, such as Miklós Maróth and his co-authors, who concluded that human dignity is a new concept which was unknown in antiquity and the early Middle Ages when Christendom and Islam appeared around the Mediterranean Sea, and that human dignity is not at the centre of interest of any religion.¹⁴ On the contrary, it was at the centre of Islamic teachings.

34. Dignity is not simply a concept that relates to those who are free within an Islamic schema – but also relates to those who might have been imprisoned for criminal acts. The Caliph Ali ibn Abi Talib (ra) used to inspect the prisons, meet the prisoners in them and enquire about their circumstances. Similarly the Caliph Umar ibn Abdul Aziz used to write to his employees, telling them to see how the prisoners were and to take care of the sick among them. Much later the Abbasi Caliph al-Mu’tadid allocated 1500 dinars of the monthly budget to be spent on the needs and medical treatment of prisoners.

35. At the time of the Caliph al-Muqtadir, the wazir Ali ibn Eesaa al-Jarraah wrote to the head of the hospitals of Iraq at that time, telling him, “I have been thinking, may Allah grant you long life, about those who are in prison. With their large numbers and rough accommodation, they are not free from disease. They are prevented from doing things which will benefit them and meeting with doctors whom they can consult about the sicknesses they are exposed to. So you have to appoint doctors for them who will go in and see them every day and take them medicine and drinks, and who will go around to all the jails and treat the sick in them and prescribe medicine for them.” This care lasted throughout the leadership of many Abbasid rulers.¹⁵

6. DIGNITY AS JUSTICE

36. Islam upholds equality and justice addressing class inequality and the treatment of marginalised groups. Allah states in Surat al-Nahl, “Indeed, Allah orders justice and kindness and giving to relatives and forbids shameful acts and evil deeds and transgression. He admonishes you that perhaps you will be reminded”¹⁶ The Prophet Muhammad’s companion Abdullah Ibn Masood (ra) describes this verse as the most comprehensive in the Quran. The entire range of Islamic teachings is condensed within this verse. For this reason, the Ummayyad reformist Caliph Umar ibn Abdul Aziz encouraged the imams to recite this verse in the end of their Friday sermons.

37. The institution of Zakat redistributes wealth to reduce economic disparity and ensure support for the poor. Islam also safeguards the rights of non-Muslim minorities, granting them religious freedom and protection under Islamic governance, exemplified by treaties like that with the Christian community of Najran. The Prophet Muhammad (peace be upon him) warned against harming non-Muslims under a treaty, emphasising the severe consequences of such actions in the afterlife. Justice was upheld without exception, as demonstrated by the Prophet’s declaration that even his closest relatives would face punishment if they violated the law. These principles collectively reflect Islam’s commitment to creating a just and dignified society for all. All of this demonstrates that “dignity” is a cornerstone of Islamic teachings, embedded in every facet of human life. It transcends individual, communal, and even adversarial relationships, establishing a standard of honour and respect that Muslims are instructed to uphold. The Prophet emphasised respect and compassion for all individuals, regardless of age or status, stating, “He is not one of us who does not show mercy to our young and respect to our elders.”¹⁷ This principle applies equally to subordinates and those under one’s authority, with the Prophet urging fair and humane treatment. He also strongly discouraged harmful actions like backbiting, slander, and public shaming, warning that such behaviours violate the dignity of others¹⁸¹⁹

38. Maintaining the dignity of human beings does not mean that no punishment should be subscribed for those who commit crimes. In fact, crimes are seen as violation for other members’ dignity and hence the perpetrators should be punished for that violation. The punishment should also serve as a deterrent for others to repeat this crime or violations of the dignity of others. Hence, Islam prescribed punishment for killing other human beings, stealing, raping etc.

39. It should be noted that Islamic punishment should be done in a way that preserves certain elements of the dignity of the criminal. The Quran commanded as follows, “O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do.”²⁰

40. The Prophet declared the unjust killing of even a single person as graver in the sight of Allah than the destruction of the entire world²¹, reflecting the Quranic instruction, “do not kill the soul which Allah has forbidden, except by right”²² Islam safeguards dignity even in death, as demonstrated by the Prophet’s respect for a passing Jewish funeral procession. When questioned about standing, he replied, “Was he not a soul?”²³ Such teachings emphasise the inherent value of every human life, irrespective of faith.

7. DIGNITY DURING WAR

41. This ethos is particularly evident in the Islamic approach to war, where dignity is preserved for both Muslims and their enemies. During times of war, these principles are not suspended but rather reinforced. A Muslim soldier is expected to uphold integrity and justice, respect the rights of prisoners of war and not to humiliate and torture. Islam prohibits treachery, even against an adversary and enemy. The Prophet Muhammad said, “Fulfil your trusts to those who entrust you, and do not betray the one who betrays you.”²⁴

42. Prisoners of war are also to be treated with dignity. The Quran instructs Muslims to provide them with food and humane treatment, “And they give food in spite of love for it to the needy, the orphan, and the captive...”²⁵ The Prophet strictly forbade mutilation of the dead, even during war, saying, “Do not mutilate the dead, even if it is a rabid dog.”²⁶ Islam categorically forbids harming women, children, the elderly or monks. Abu Bakr (ra), the first Caliph, instructed his army, “Do not kill women, children, or the elderly. Do not cut down fruit-bearing trees, destroy crops, or harm animals unnecessarily.”²⁷

43. The Prophet Muhammad’s leadership during battles exemplifies the preservation of dignity. After the conquest of Makkah, when his enemies were at his mercy, he declared, “Go, for you are free.” This act of forgiveness and magnanimity is a powerful testament to Islam’s commitment to preserving dignity, even for those who once sought to harm its prophet.

44. It was narrated that the Prophet (peace be upon him) passed by a prisoner who was in chains, and he called out, “O Muhammad, O Muhammad!” He came to him and said, “What is the matter?” He said, “I am hungry – feed me. I am thirsty – give me water.” The Prophet (peace be upon him) commanded that his needs should be met.”²⁸

8. CONCLUSION

45. Dignity is a cornerstone of Islamic teachings, transcending personal, social, and even adversarial relationships. Through justice and respect for human rights, Islam provides a framework for fostering dignity and honour. These principles serve as a timeless guide, urging humanity to rise above cruelty and oppression to build a world rooted in mutual respect and dignity for all.

46. The Quran emphasises that human dignity is inherent and bestowed by Allah upon all humanity. This dignity, or karama, is not contingent on race, ethnicity, or faith but is a divine gift tied to the human soul and purpose. Allah says in the Quran “And We have certainly honoured the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference.”²⁹ Allah also says in the Quran that “Indeed, We created humans in the best form”³⁰ and that “He is the One Who has placed you as caliphs or stewards of the earth.”³¹ Humanity’s role as stewards (caliph) on Earth carries a responsibility to uphold dignity for oneself and others.

47. “Upholding human dignity is integral in ensuring peace and harmony in the world today. Peace and harmony are among the fundamental prerequisites to progress, development and well-being of society. No society can move forward as one if elements of peace and harmony are absent. For countries that aim to become great and successful, it is a must, as a matter of necessity to tread along the path of peace. Peace is only achievable when we learn to respect the rights of others, accept the differences and appreciate other people’s self-worth. Promoting peace and harmony through upholding human dignity is the first crucial step towards the greater agenda of peaceful coexistence and unity in the world today.”³²

9. EXPERT OBLIGATIONS

48. I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

49. I understand that proceedings for contempt of court may be brought by anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

50. I confirm that I have not received any remuneration for preparing this report.

Dr Sheikh Haitham al-Haddad

London

United Kingdom

7 January 2025