Is Treachery Against Ones Fellow Citizens Sanctioned by Islam?

One of the questions forwarded to me in the aftermath of the article I wrote on the Fort Hood tragedy [2], is the following, “What proof from the Islamic Law can you give that a person who is an American citizen, or who has entered the country temporarily via one of the available entry visa has entered into a de-facto treaty of non-aggression with the United States?”

To begin to answer this question a little context is needed. Specifically, person who is naturalized as a citizen takes an oath; one who is born here accepts that oath implicitly. Part of the oath reads: “I hereby declare an oath…that I will support and defend the Constitution and laws of the United States…” There is no question that this is an oath because it is explicitly worded as such. Anyone who swears it accepts to defend and support the constitution and the laws of the United States. There is no law that sanctions murder, espionage, sabotage, creating mayhem or related offenses that constitute threats to the lives and property of other members of the society.

As for the holder of an entry visa, one of the conditions one accepting a visa agrees to is the renunciation of any violent or other unlawful act against the persons or property of the citizens of the land. This renunciation is based on specific yes/no questions that are part of the visa application. [3] Hence, accepting the terms and conditions mentioned on the application is to enter into a non-aggression treaty with the United States. This is affirmed by a fundamental principle of Islamic law, “Muslims are governed by the conditions they accept.”

To reiterate, there is no provision that permits a citizen or visa holder to harm the property and persons while residing in the country. Therefore, to consciously accept citizenship, or to accept an entry visa into the country, and then to and visit harm upon unsuspecting people is treachery, pure and simple. This is not something that is permitted under the law of Islam.

As for the general teaching of Islam concerning fidelity to oaths and contracts, these are well-known in the Qur’an and in the Sunnah of the Messenger of God. God says in the Qur’an: O You who believe! Fulfill your contracts! (5:1) Additionally, Be faithful in your covenants, verily the covenant is source of responsibility [before God] (17:34) Also, …and they fulfill their oaths when they convene them (2:177).

The Prophet, peace upon him, mentioned, “There are four characteristics whoever possesses all four of them is a pure hypocrite and whoever possess one of them possesses a characteristic of hypocrisy until he abandons it: When he is entrusted with something he betrays the trust; when he speaks he lies; when he enters into a covenant he violates it; and when he disputes he goes to perverse extremes [to make his point]. [4]

The Prophet, peace upon him, also mentioned, “Everyone who has violated his oath will have a flag on the day of judgment. It will say, ‘This is the treachery of such-and-such person.’” [5]

The Prophet, peace upon him, further stated, “Anyone who has violated his oath will have a flag planted in his anus on the Day of Resurrection. It will protrude to the extent of his treachery.” [6]

To accept citizenship or a visa, which confers certain privileges and assumes that the holder has accepted certain responsibilities, and then to use those assumptions on the part of others to undermine their safety and security is treachery. This has been elaborated on by our scholars. If a person is moved by circumstances to find that he or she can no longer accept the conditions of citizenship or those governing an entry visa, both of which entail agreeing to uphold the laws prevailing in the land, especially those relating to security, that person should either renounce his or her citizenship and leave, refuse the visa and not enter the country, or terminate the visa and leave.

This advice is especially pertinent in these days and times when there is a concerted effort on the part of some to distort the teachings of Islam and to exploit the words or actions of Muslims to create a climate of fear that translates into persecution of Muslims here and support for unjust wars that brutalize Muslims and tear apart the physical and social structure of Muslim societies abroad. May God help us all.

Notes:

[1] The ensuing discussion is not to imply that the actions Major Nidal Malik Hasan, who is the accused shooter in the tragic incident recently occurring at Fort Hood, Texas, were inspired by Islam. From all evidence, it appears that Major Hasan was a troubled individual whose actions, as is the case in similar attacks, arose from a complicated convergence of factors that are difficult to identify. Religious beliefs may have been one of those factors. However, it is certainly not the only one, nor the most significant. Unfortunately, there are some individuals who are using this tragedy to allege that such treacherous actions have a basis in Islamic law. This brief discussion is a response to such allegations.

[2] http://www.newislamicdirections.com/nid/articles/responding_to_the_fort_hood_tragedy/

[3] II.  DS-156 and DS-230 Visa Applications - Language Regarding Terrorism/Subversive Activities
From US Dept. State DS-156 non-immigrant visa application: 
https://evisaforms.state.gov/ds156.asp
“38. IMPORTANT: ALL APPLICANTS MUST READ AND CHECK THE APPROPRIATE BOX FOR EACH ITEM.
A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver is obtained in advance). Is any of the following applicable to you?”
“Do you seek to enter the United States to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose? Are you a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State? Have you ever participated in persecutions directed by the Nazi government of Germany; or have you ever participated in genocide?” Yes or No
From DS-230 – Application for Immigrant Visa and Alien registration:
http://www.state.gov/documents/organization/81807.pdf
“40. United States laws governing the issuance of visas require each applicant to state whether or not he or she is a member of any class of individuals excluded from admission into the United States. The excludable classes are described below in general terms. You should read carefully the following list and answer Yes or No to each category. The answers you give will assist the consular officer to reach a decision on your eligibility to receive a visa.”
“Except as Otherwise Provided by Law, Aliens Within the Following Classifications are Ineligible to Receive a Visa. Do Any of the Following Classes Apply to You?” “c. An alien who seeks to enter the United States to engage in espionage, sabotage, export control violations, terrorist activities, the overthrow of the Government of the United States or other unlawful activity; who is a member of or affiliated with the Communist or other totalitarian party; who participated, engaged or ordered genocide, torture, or extrajudicial killings; or who is a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State.”

[4]Bukhari, 34; Muslim 58

[5]Bukhari, 3186, Muslim, 1736

[6]Muslim, 1738