Hamas's October 7 attack should have been avoided, says fatwa by Gaza Islamic scholar

Gaza analyst says fatwa is not condemnation, but rather criticism of rationale used to carry out assault

Hamas militants at the Erez Crossing on October 7 after a barrage of rockets was fired and fighters from the Palestinian enclave infiltrated Israel. Reuters

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An Islamic scholar from Gaza has said last year's Hamas attack on Israel, which sparked the continuing devastating war that has so far killed tens of thousands, should have been avoided as it was clear that it would have dire repercussions on Palestinians.

Dr Salman Al Dayeh, the former dean of the Faculty of Sharia and Law at the Hamas-run Islamic University in Gaza, published a detailed six-page fatwa, in which he criticised the Al Aqsa Flood operation, as the October 7 attack is called by Hamas, for what he called actions “violating the Islamic principles governing jihad”.

“If the pillars, reasons, or conditions of jihad are not present, then it must be avoided so as not to destroy people’s lives, and this is something that politicians in our country can easily guess, so the attack had to be avoided,” he added.

He referred to previous Israeli attacks on the occupied West Bank and Gaza Strip that "were much lighter than the October 7, and were met with numbers of martyrs and wounded, the demolition of houses and towers and the displacement of people."

"So, it was obvious that the reaction [of Israel] to a greater event will be more damaging to the soul, property and the components of life [in Gaza]," he said. "If the war ends this evening, its pains will last for decades."

Independent Gazan analyst Ahmad Bassiouni told The National that Dr Al Dayeh's fatwa is "significant", yet not considered a condemnation, but rather a criticism of rationale that Hamas used to carry out its attacks.

"He is still legitimising the concept of the resistance but questioning what the end goal is given how much has been lost in lives, damage. Even jihad, in a religious context, has to have concrete, tangible results that overcome the losses incurred."

Mr Bassiouni said that more people are coming out to criticise the militant group because it has become on "equal footing" with the people. "Their members are suffering like ordinary Gazans are, and are staying in the same tents we do," so Hamas's "prestige" has been hit, he said.

Ahmad Yousef, a former adviser to assassinated Hamas leader Ismail Haniyeh, has also criticised the group, Mr Bassiouni said, along with several other Hamas-linked officials.

The Gaza war began after Hamas-led militants attacked Israel on October 7, 2023, killing some 1,200 people and taking 251 hostages back to Gaza, according to Israeli tallies. Israel's subsequent assault on Gaza has killed more than 43,500 Palestinians and reduced most of the enclave to rubble, Palestinian authorities say.

A poll conducted in early September found that most Gazans now believe Hamas's decision to launch last year's attack on Israel was a mistake.

The poll by the Palestinian Centre for Policy and Survey Research (PSR), showed that 57 per cent of people in the Gaza Strip said the decision to launch the offensive was incorrect, while 39 per cent said it was correct.

It marked the first time since the attack that a PSR poll found a majority of Gazan respondents judging the decision as incorrect. It was accompanied by a drop in support for the attack in the West Bank, although a majority there – 64 per cent of respondents – still thought it was the correct decision, the poll found.

Hamas is facing pressure on many fronts, including major military setbacks such as Israel's killing of its top leader Yahya Sinwar. The group's political leadership has also reportedly been asked to leave Qatar, where some of its senior officials reside, two sources told The National on Saturday.