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A Look At the U.S.-Afghan "Security And Defence Cooperation Agreement"

10 November 2014

By Al-Ikhwah Al-Mujahidun

In the name of Allah the Merciful the Beneficent

All praise be to Allah Almighty the Lord of the Universes. Peace and prayers be upon His messenger, Muhammad SAW, and his family and companions. 

Dear Readers, as you may be aware, this year, on 8 Mizan 1393 (Solar Hijri) the powerless new government of Ashraf Ghani signed the Security Agreement with the U.S. and NATO states thus giving empty pretext to continued foreign occupation of Afghanistan. This agreement had been signed after a fraudulent election which resulted in open US intervention in support of installing their candidate, Ashraf Ghani, who in return showed his loyalty to his American masters by signing the Agreement within 24 hours of being sworn in as the new president. The haste with which the Ghani regime signed this Agreement, despite the opposition of the masses, the religious scholars, the legal experts, and other influential and political figures betrays the loyalty of Ghani and his colleagues to the American over their own national interests. This haste also shows that the turbulence following the elections was engineered by the Americans so that they could compel the new government to sign the Agreement without demanding any changes to it. This Agreement however, signed by a few American-Afghans under duress, and in opposition to the wishes of the Afghan people holds no legal grounding. Not only is this Agreement null and void under Islamic law but also it is so under international law. 

In this brief article we will look at the various aspects of this Agreement, analyzing their implications so that we can make our nation aware of the dangers that lie hidden within this contract. 

The legal status of this Agreement under Islamic Law: 

This Agreement is in clear violation of Islamic law and therefore null and void under it. This Agreement is a long-term agreement of alliance and mutual assistance with the American infidels which is in clear violation of Allah's commands prohibition such relations with the Jews and Christians (refer SuratNisa' verse 122 and Surat Maida verse 51). This Agreement allows an unspecified number of US troops to stay in Afghanistan along with military weaponry, warplanes, helicopters, missiles and other military hardware. Under Islamic law there are very specific conditions under which non-believers can stay in an Islamic country. In Islamic law only those non-believers can stay in Islamic lands whom are either dhimmi ormusta'min. Dhimmi are those that are citizens of the Islamic state and consent to all the laws of the land. Musta'min are those non-believers who have come from a non-Islamic land and being given permission by the state to travel to Islamic lands without any weapons or without attempting to sabotage Islamic lands. Outside of these two conditions, under no circumstances are non-believers allowed to stay in Islamic lands. Americans who invaded our country by force, and who now want to give legal cover to their continued occupation do not fall under either of these categories. Therefore their occupation of Afghanistan and the Agreement which purports to give them this right are null and void under Islamic law, placing a duty upon all Muslims to oppose their presence in the country. 

Under Islamic law, in the field of battle, Muslims, keeping their interests in view, are allowed to sign ceasefire agreements with non-believer belligerent forces. They are then obliged to respect this agreement and adhere to it in good faith. Outside of these circumstances, Islamic law does not allow for any agreements that enables non-believer forces to build military bases in Muslims lands, giving them exemption from Islamic laws and giving them free rein to kill and capture Muslims in the land. Such agreements have no grounding in Islamic law and are considered illegal and unenforceable. Allah Almighty states: And never will Allah allow infidels a way on the believers (i.e. giving them supremacy over Muslims) (SuratNisa' verse 161). From this maxim Islamic scholars hold that never can a Muslim become a slave to non-believers. When a single Muslim is not allowed to become property of a non-believer then how can it be allowed for a whole Muslim and independent nation to be enslaved to an infidel nation? The Prophet Peace be upon him stated: Islamic will be supreme and nothing will be superior over it (Baihaqi). This also explicates that non-believers scan never be superior over believers. 

In numerous occasions in the Quran, Allah Almighty has prohibited Muslims from allying with infidels or inclining towards them. Allah SWT states: Oh believers do not ally with My enemies or your enemies, by allying with them you want to send them a message (of peace) while indeed they defy that truth sent upon you (Surat al Mumtahinah verse 1). He Almighty also states: And do not incline towards those who transgress or else the fire will be upon you, and none other than Allah will be your friends and none will be able to assist you (SuratHud verse 113). He Almighty also states: Give glad tidings to the hypocrites that a painful torment awaits them. (They are) those whom take infidels as their allies instead of believers. Do they look for glory with the infidels? Indeed all glory is with Allah (SuratNisa' verses 138-140). 

Previously it has been stated that any Agreement of alliance with the non-believers is invalid under Islamic law. Even if we assume that such an agreement with the non-believers is valid, it cannot be valid at the hands of the Kabul regime. Any such agreement must be signed by the leaders of the Muslim, the Khalifa. Americans have not signed this Agreement with themujahideen. Instead it has signed it with its own puppet government, installed by them and surviving on American sustenance. As Imam Muhammad states, any agreement signed by non-believers with Muslims who are surrounded or imprisoned by them, holds no validity. This is because any agreement signed under duress must surely be to the detriment of Muslim and the benefit of the non-believers. Therefore any such agreement is null and void. 

From the above arguments it can be deduced that any agreement of alliance with non-believer is invalid under Islamic law. Even if we assume it to be valid, because this Agreement is geared towards prohibited ends, therefore it (the Agreement) itself becomes prohibited. It is an Islamic maxim any act which might by itself be allowed, but when it is geared towards prohibited acts or mixed with prohibited items, itself becomes prohibited. This maxim states: the means towards the obligatory are obligatory themselves and the means towards prohibited are prohibited themselves (Musallim al Suboot). The military presence of Americans in Afghanistan have resulted in the ideological invasion of our country, illegal occupation, killings of Afghans, looting of property, bombings of civilians and the spread of vice. That all the above prohibited actions are the result of foreign occupation, and this Agreement enables the continuation of these illegal actions, therefore this Agreement itself is considered illegal in Islamic law. 

Another Islamic maxim holds that if an item is collectively owned, and a group from with this collection (without the consent of the remaining members) sells this items or disposes of it in anyway then this transaction is considered invalid. All the land and airspace of Afghanistan is under the collective ownership of the Afghan people, if a person such as Ashraf Ghani or HanifAtmar decide to give part of this land or airspace to the Americans for their use, then their agreement is invalid and the Afghan nation is under no compulsion to adhere to such an agreement. From the above arguments it has become clear that this Agreement is invalid and holds no weight under Islamic law. 

The technical and legal defects of this Agreement: 

This Agreement states that Americans are not allowed to conduct operations outside of Afghanistan or against any foreign forces. However we can all see that daily American forces conduct drone strikes in the tribal belt of Pakistan. This clearly proves that Americans pay no respect towards the legal clauses of this Agreement. Rather they are only interested in the clause that gives them legal cover to continue their occupation of Afghanistan. 

In this cleverly crafted Agreement the Americans have managed to completely dupe the Kabul authorities. In many clauses Americans have avoided the clauses 'America agrees'  and 'America shall' and instead inserted 'America will seek to' or 'America will work to' or 'America may' thus avoiding any legal obligation to fulfil its obligations. 

In Article 4, clause 6, Afghanistan has been designated as 'a Major Non-NATO Ally'. Afghanistan which has long pursued a policy of neutrality, risks facing major challenges as a result of this designation. Aligning with the West in a military sense could prove disastrous for Afghanistan. On the one hand the Shanghai Cooperation Organisation is trying to strengthen its presence in the Asian continent, on the other hand Russia is now embroiled in a cold war with the west over the recent events in Ukraine and Syria. Moreover resentment towards America is on the increase in Afghanistan's neighboring states. In such a politically charged environment Afghanistan's alignment with NATO could provoke hostility and embroil Afghanistan with the wider region. 

Looking at the contents of the Agreement it becomes quite clear that this Agreement is not aimed at the security of Afghanistan, rather it enhances U.S.'s interests in the wider region. Article 6 stipulates: "The Unites States shall regard with grave concern any external aggression or threat of external aggression against the sovereignty, independence, and territorial integrity of Afghanistan… In the event of external aggression or the threat of external aggression against Afghanistan, the Parties shall hold consultations on an urgent basis to develop and implement an appropriate response..." 

If this Agreement was indeed aimed at the security of Afghanistan then this Agreement should have clearly stipulated that United States would take all measures necessary to preserve the territorial integrity and sovereignty of Afghanistan. If America considers her obligation to be the mere expression of grave concern (in such an eventuality) then surely she can do so from American soil as well. Why does she need to station troops in order to do so? Clearly the stationing of such troops serves no other purpose than advancing U.S. interests in the region. 

Article 13 of this Agreement stipulates that: "Afghanistan agrees that the United States shall have exclusive right to exercise jurisdiction over such persons [i.e. members of the force and of the civilian component] in respect of any criminal or civil offenses committed in the territory of Afghanistan… Members of the force and of the civilian component shall not be arrested or detained by Afghan authorities for any reason... Afghanistan and the United States agree that members of the force and of the civilian component may not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or state…" 

This Article, in effect, gives American military and its civilian personnel complete immunity from crimes committed on Afghan soil. In effect they can do as they please, such as kill, steal, commit adultery, kidnap, spy, flaunt human rights, loot historical artifacts, and other crimes and the Afghan government is powerless to stop them. These personnel are responsible to U.S. authorities only. In the past when American troops committed such crimes the Afghan government at least had the right to protest. Now the Arg (Presidential Palace) authorities have accepted that U.S. troops are exempt from any judicial oversight. What this Article means is that should American troops commit a repeat of the Azizabad massacre, or the barbarity of Zangawat or the burning of Qurans (such as in Bagram) then Afghan authorities have not right of protest as they have granted them judicial exemption. 

In addition to protecting their personnel, the Americans have also taken great care to protect their security contractors as well under this Agreement. American security contractors are those non-military personnel whom, acting as a militia or mercenary army, are utilized by the Americans for military purposes. Just like the local militias committed widespread killings, robbing, looting, kidnapping and smuggling, similarly these American contractors have reportedly committed all these crimes albeit on a bigger scale. And the fact that they are American contractors means that they likely will never be held accountable for their crimes. 

Article 15 relating to 'Entry and Exit' stipulates that 'Members of the force and members of the civilian component may enter or exit Afghanistan at agreed facilities and areas at locations… Passports and visas shall not be required. Such personnel shall be exempt from Afghan law and regulations on registration and control of foreign nationals.' Therefore Afghan officials have retained no right to investigate or regulate their movement. Instead they are exempt from all controls and regulations regarding the movement of foreign personnel. Similarly American military and civilian vehicles, ships and aircraft are exempt from any investigation or search regulations. 

Under this Article the foreign troops and their civilian components have been given even more rights than the Afghans themselves. The Americans will be well poised to exploit these freedoms in order to steal historical artifacts, cultural valuables, chemical resources or other material from Afghanistan. Afghanistan natural resources are for the most part unexplored. One of the aims of the current invasion was to exploit our natural resources. America's prolonged presence in Afghanistan, coupled with the freedoms provided in the above Article make astoundingly easy for Americans to exploit Afghanistan's natural resources and transfer them out of here. 

Article 16 of the Agreement provides that 'United States forces and United States contractors may import into, export out of, re-export out of and use in Afghanistan any equipment, supplies, material, technology, training, or services. The importation, exportation, re-exportation, transportation, and use of any articles brought into Afghanistan pursuant to paragraphs 1 and 2 of this Article shall not be subject to restrictions, such as licensing, inspection, or verification… or taxes and customs duties or other charges assessed by government authorities in Afghanistan.' Again we see Americans being exempted from all responsibilities that are usually exercised by governments over aliens or their own nationals. Afghanistan's greatest asset is its strategic location. It can capitalize on its location in international business, air transit and international transactions. It lies at the cross-roads of the old Silk Road and is considered the gateway to Central Asia. Hence it can capitalize on its location to attract business and enhance its economy. Unfortunately because Afghanistan has placed all its strategic embarkation and disembarkation ports at the disposal of the Americans, it has relinquished its right to capitalize on these gains. Moreover not only has the Kabul regime relinquished this right for itself, it has also bereft the Afghan people from capitalizing from their collective property. 

Under this Agreement, Afghanistan has granted all its strategic transit points and airports for American services. Americans have access to military structures in Kabul, Bagram, Mazar Sharif, Herat, Kandahar, Helmand, Gardez, Jalalabad and Shindand. All being the most strategic locations in Afghanistan. In addition, all of Afghanistan's major air facilities such as Kabul International Airport, Herat International Airport, Kandahar Airport, Shindand Airport, Mazar Sharif Airport and Helmand Airport have all being officially granted to the Americans. To facilitate the transit of American military hardwares, Afghanistan's border crossings at Torkham, Spin Boldak, Tor Ghondi, Sher Khan and Hairatan have also been made available for the foreign troops while the door has also been left open for them to use additional bases, border crossings and airports if needs arise.

The biggest financial resources of Afghanistan are the above mentioned airports and border crossings hence this is the biggest known felony in the history of our country that such facilities are furnished to the Americans without monetary charges, levy or rent.  No one on this planet surrenders an empty room to another without compensation however the American stooges have handed over the control of the country's lifeline to their masters without charging a cent.

Publically the officials of Arg claim that in return for giving up bases and other facilities to the Americans, aid will be granted to the ruling regime however nowhere in the body of the Agreement has a clause been placed specifying the amount of aid (financial or other) to be given to the Afghan side monthly or yearly; a vague term has been deemed satisfactory that America shall back and assist the Afghan government. If America solely works for its own interests within the framework of this Agreement and stops all aid to the Kabul government, the Arg officials will have no legal right to protest because the Americans, as aid givers, are not obliged to hand over anything specific as stated in the Agreement.

According to the Agreement, the Americans have the right to control a private frequency to air their programs, are granted such communication channels and postal service which is exempt from being tracked or inspected by the Afghan side. With such provisions the Americans are able to change the location of their Intel bases inside Afghanistan and similarly can launch propaganda war against Afghanistan or its neighboring states which can only be detrimental to Afghanistan. America had complete control of the communication spectrum inside Afghanistan long before this and with their continued presence, the violation of this Afghan sanctity shall carry on unabated and with it the Americans shall blackmail and exploit anyone they wish for their interests. 

American objectives attained by Agreement: 

America wants to stay inside Afghanistan for a prolonged period until they are forced out. For protracted presence she needed such an Agreement with which she could deceive the Afghans and depict it as a legal document through the power of its propaganda machine. Therefore it conducted a several year campaign for the signing of this Bilateral Security Agreement, setup a drama under the title of 'Loya Jirga' followed by getting the Agreement signed by those officials which were appointed and brought to power by their direct interference.  

America could have prolonged its presence inside Afghanistan by invoking the International Security Council of the United Nations but in order to fool the simple ordinary people and achieve superficial validity it extended its presence in form of a Security Agreement with the government in power and there are many reasons why America wishes for a continued stay here. 

Afghanistan from every angle is a place of hope and an impregnable fortress in face of the international Kufr (infidelity), its people are staunch believers and blessed with Jihadi fervor, its location is extremely strategic, is situated on Asia's high ground and its terrain is mountainous. Afghanistan is located in a sensitive area with access to the rich Central Asia, economic juggernaut China, nuclear armed south Asia and Iran. Its second name is 'The Graveyard of Empires' and its history teaches its people and the world the meaning of Jihad and freedom. America which dreams of controlling the planet cannot afford to let an Independent Islamic government rule here. Her main goal here is to crush the spirit of Islamic rule, Jihad and independence in this nation. 

After the fall of Communism, the prime enemy of the western infidels became Political Islam the adherents of which they refer to as 'Islamists'. The West at the head of which is America can never tolerate the formation of a true Islamic government in any corner of the world or allow rule of Shariah, propagation of Islamic thought and other Islamic reform works to take place. To counter Islamic awakening they not only install irreligious, tyrannical westernized coup d'état regimes and anti-Islamic groups and individuals but launch direct attacks on Muslim countries on top of intense propaganda wars as well as build bases in Muslim lands to complete their occupation in order to fully suppress the Muslims and Islamic thought. America with its presence in Afghanistan not only wants to repress true Muslims and Islamic though in this nation rather it wants to directly confront all Islamic awakening movements in the neighboring countries and the broader region for which America has already been waging military, propaganda and covert wars. 

Following fall of the Soviet Union, America considers itself the world's sole super power. They label the 21st Century as the American Century and are implementing their plan through the 'New World Order' project which hopes to Americanize the planet through political, economical, military, cultural and various other means. The Muslim world must accept America's leadership; China and Russia must be controlled, their ground and influence sphere kept limited and they must never be allowed to turn into a world power that poses a challenge to American supremacy. In order to achieve these goals America has a need to set up military bases, intelligence and surveillance centers as well as airbases across the globe. Since Afghanistan has a geographically strategic position in the heart of Asia therefore American wants to retain a robust prolonged presence here to meet any challenge presented by its deemed foes. 

Petroleum and Gas are critically important elements in today's world, powering the planet's vital lifeline. America has an eye on the untapped resources of Central Asia as they project supplies to dwindle in the Middle East hence it is trying to monopolize this arena as well and wants to become its exporter worldwide just as they currently are in the Khaleej. To achieve this objective, America must maintain military bases in Afghanistan and have control over its land and airspace. If America were to reach this goal then it will be another deep foundational blow to the Islamic Ummah as the International infidelity once again strengthens itself physically and economically with the resources of the Muslims like its ongoing looting in the Middle East. 

To summarize the goals of the American military presence in Afghanistan then one can say they are: America wants to force the Afghans to accept their international dominance, cultivate the system of western democracy, 'Westernize' the Afghans by spreading irreligiosity, nudity, western culture and other destructive behavior so that the upcoming generation is apparently Afghan but with creed, thoughts, behavior and character of a pure American. On top of this, they want to loot the untapped resources of this nation like the rare Uranium and Lithium chemical compounds while forever keeping the country weak and dependant on assistance so it can be fully exploited. 

We must accept that the prolonged presence of America inside Afghanistan is very dangerous. Kufr (disbelief) is absolute evil and the presence of disbelievers on the land of Islam under whatever pretext is detrimental to the Muslims. The dream of an Islamic government in Afghanistan, application of Islamic Shariah, reform of the future Afghan generations and other religious aspirations seem far-fetched with their existence. Their presence will lead to the spread of western culture, christianity, iireligiosity, nudity and other immoralities. They could possibly operate private media channels, educational institutes and other tools of recruitment from inside their bases, absorbing many Afghans. Since they are exempt from all inspections inside their bases they could initiate deviation programs for the future generations on a large scale basis. 

Their bases will be the recruitment and deployment centers for spies while they operate their reconnaissance aircraft including Reaper Drones to target their opponents not only in Afghanistan but south and central Asia as well as the border regions of Iran which is big threat for all Islamic and Jihadi movements in the region. They will use these bases to project their power and intimidate Russia, China, Iran and even Pakistan and since these facilities are based in Afghanistan and operated with its approval in form of an Agreement therefore these nations shall view Afghanistan as an enemy and engage in destructive proxy wars. The Americans will use these bases as a hub for propaganda, intelligence, logistics and other things. 

A tried and true historical fact is that a pact between a weak and powerful party ties the hands of the weak and sharpens the sword of the mighty. The Agreement between the Arg and America can be viewed in the exact same light. America will never stick to their end of the Agreement while the Afghan side will be forced to adhere to every condition and all their facilities will be fully exploited. 

Afghanistan is the land of Islam and Americans are a transgressing infidel force which has invaded this soil and has erected bases through a deceitful accord. When a land of Islam is invaded then Jihad becomes an individual duty of every nearby Muslim. If these Muslims are unable to repel this enemy then Jihad becomes obligatory on Muslims close to them and if the effort of every Muslim is needed to drive back this enemy then Jihad becomes an individual obligation on everyone. With the invasion of Afghanistan by America, Jihad has become an individual obligation on other Muslims as well and not just the Afghans. Now that America has plans for a prolonged presence, the Muslims must renew their pledge of Jihad against the American infidels. If America is left alone peacefully on this land of Islam, it will have destructive repercussions. To combat America, a very comprehensive military, educational, cultural, propagation, academic and propaganda struggle needs to be put into motion. It is not wrong to assume that America cannot be pushed out once its sets foot rather this is just empty propaganda, a part of the enemy psychological warfare following the footsteps of its predecessor the Soviet Union which also pushed the notion and compared their involvement in a region to the foot of an elephant, once planted its removal in beyond human ability. We witnessed the Soviet elephant's feet chopped off in Afghanistan, disintegrated never to be heard of again. 

In reality no one has ever fought America but has been dealt a defeat each time she is countered. Vietnam and Somalia are witnesses of these setbacks and we also observed America suffer humiliating defeats on the battlefields of Iraq and Afghanistan. 

Allah Almighty grants success to His slaves according to ones effort and will. The higher the ambition and the stronger the will, success and victory by Allah will be the same in proportion. If we have deep conviction that we can defeat the infidel America with our bare hands while solely relying on Allah Almighty alone then He will surely grant us the same amount strength and divine help. 

One should never think that they will be able to live a life of honor and dignity with and American military presence and under the shade of an American erected government. If we want to know about life under the shadow of the Americans then look no further than Japan, South Korea and their crimes in other countries where they have military presence. Just look the oppression, transgression, embezzlement and other crimes of the American soldiers in countries where they abuse immunity from local law. 

If America treats Japan, which until recently had the second strongest economy and America was in desperate need for maintaining good ties, in such an undignified and degrading manner how do you think they will treat Afghanistan? a country which functions on American rations and even pays the salaries of its employees from the American aid. 

In summary, just like how Jihad against America is religiously binding on every Muslim similarly it is recommended for anyone who wants to live a free dignified human life. We must understand that bliss, peace, brotherhood, security and advancement are not achievable so long as this evil is present here.

 

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