Africa, Analysis, Featured

Fighting between Ma’alia and Rizeigat and the Absence of State Authority

A Dahes and Al-Ghabraa War erupted again on Monday, 11 May 2015, between Rizeigat and Ma’alia in the eastern Darfur region, where dozens were killed and hundreds wounded on both sides. Tension is still the master of the situation, in light of a weak fragile position from the government of Sudan which deals with the event as if it occurs outside their jurisdiction. The strange position of the government is characterized by:

First: How would a state that is mandated to provide security for the people who are under its jurisdiction allow the presence of heavy weapons; which are not possessed except by the armies, in the hands of the tribes, whatever the circumstances and whatever the justifications ?!

Second: The government knows in advance of the mobilization of the armed tribesmen before fighting was renewed by two days. This was confirmed on the tongue of the governor of East Darfur, al-Tayeb Abdel-Karim, in a press statement where he said, “There are tribal crowds between Rizeigat and Ma’alia, which will lead to renewed clashes between the two conflicting parties, stressing that he sent large military reinforcements to create a buffer zone between the two tribes and prevent a security breakdown in the region.” (Khartoum newspapers on Sunday morning, 10 May 2015). So where were these buffer forces when fighting broke out?!

Third: How would a state that respects itself, fail to dissolve the crowds, which would not have crowded in the first place had the state any prestige or authority in the hearts of the leaders of these tribal militias and their members. Then it comes back and talks about its failure to convince the tribes to break up the crowd and leave the camps?!

As for our brothers in Ma’alia and Rizeigat tribes, especially the notables and the leaders, we say to them, fear Allah in your families, in your wives and children, and do not lead them to destruction in this world and torment in the Hereafter. Did you not know that Allah has forbidden shedding the blood of Muslims, when the Almighty says:

وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا

“But whoever kills a believer intentionally – his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment”

(An-Nisa: 93)

Did Rasulullah صلى الله عليه وسلم not say

«إِذَا الْتَقَى الْمُسْلِمَانِ بِسَيْفَيْهِمَا فَالْقَاتِلُ وَالْمَقْتُولُ فِي النَّارِ»

“If two Muslims confront each other with swords, then both the killer and the killed will be in Hellfire”. And he صلى الله عليه وسلم said,

«وَمَنْ قَاتَلَ تَحْتَ رَايَةٍ عِمِّيَّةٍ يَغْضَبُ لِعَصَبَةٍ أَوْ يَدْعُو إِلَى عَصَبَةٍ أَوْ يَنْصُرُ عَصَبَةً فَقُتِلَ فَقِتْلَةٌ جَاهِلِيَّةٌ..»

“…and whoever is killed while under a banner of ignorance, getting angry for the sake of tribalism or fighting for the sake of tribalism or calling to tribalism then his death is that of jahiliyya”.

We in Hizb ut Tahrir / Wilayah Sudan emphasize that any dispute between people must be resolved by referring to the Book of Allah and the Sunnah of His Messenger صلى الله عليه وسلم, Allah, the Almighty says,

فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلا

“O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.”

(An-Nisa: 59)

The Rizeigat – Ma’alia conflict is centered on the land which Islam has defined its provisions (Ahkam); that it is not owned by the tribes, for there is no Hawakeer i.e. tribal lands in Islam, but individuals acquire land for farming or housing. The Prophet صلى الله عليه وسلم said,

«مَنْ أَحَاطَ حَائِطًا عَلَى أَرْضٍ فَهِيَ لَهُ»

“If anyone surrounds a land with a wall, it belongs to him”, and he صلى الله عليه وسلم also said,

«مَنْ أَحْيَا أَرْضًا مَيْتَةً فَهِيَ لَهُ»

“If anyone revives barren land, it belongs to him”. As for the pastures and bush they are not owned by individuals, groups or tribes, but they are public properties, for the Prophet صلى الله عليه وسلم said,

«الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلاثٍ الْمَاءِ وَالْكَلإِ وَالنَّارِ»

“The Muslims are partners in three things: water, feeding pastures and fire.”

Ibrahim Othman (Abu Khalil)

Official Spokesman of Hizb ut Tahrir in Wilayah Sudan

Wednesday, 24th Rajab 1436 AH

13/05/2015 CE

No: HTS 27/2015