Chapter 41

As for the rational perspective, when a Muslim provides a work opportunity for his brother, he is assisting him in earning a living through honorable means, which constitutes a form of social solidarity among Muslims. Secondly, when a Muslim hires a fellow Muslim, it means he is not introducing an alien element into the Islamic Ummah and society. This stands in contrast to one who hires a disbeliever; even if such a person is not a staunch enemy of this religion and this Ummah, he remains a foreigner to the Muslims in his creed, words, and actions, raising fears of corruption, and one cannot be secure against the harm he might pose to Islam and the Muslims. Regarding the excuse some provide—that disbelievers are better servants, more trustworthy, and more committed to work and deadlines—the response is that these are traits found in both Muslims and disbelievers, and are common to all people. However, the motivation for these traits in a believer differs from that in a disbeliever. A disbeliever may adopt these traits for self-promotion or to deceive people in order to reach his true goal of exploiting others to the fullest extent, in a way that the exploited does not even realize they are being exploited. As for the believer, the motivation for good traits within him is simply his faith in Allah as Lord, Islam as his religion, and Muhammad as Prophet and Messenger. Therefore, if a Muslim possesses the trait of true faith, all good traits follow, for noble character is among the fruits and signs of authentic faith. Thus, the role of a Muslim is to search for his Muslim brothers who combine speech with action, and in whom the signs of truthfulness and faith are apparent. He must take as a fundamental principle that dealings with non-Muslims are not permissible except in cases of extreme necessity and under specific conditions that are generally not met by the majority of disbelievers working in the Dar al-Islam. It is stated in the narration: 'Whoever appoints a man over a group, while there is someone in that group more pleasing to Allah, has betrayed Allah, His Messenger, and the believers' (1). Therefore, when making a choice, it is obligatory to select the one who is closest to Allah and His Messenger. ¶

And the believers. In general, a perfect person is not found, so one acts upon the better of two good choices and wards off the worse of two evils. For this reason, Umar ibn al-Khattab (may Allah be pleased with him) used to say: 'O Allah, I complain to You about the boldness of the wicked and the helplessness of the trustworthy.' ¶

When a Muslim finds it impossible to replace a non-Muslim with a Muslim after exhausting all efforts and capabilities, there is no harm in utilizing the services of a non-Muslim, for Allah the Almighty has not placed any hardship upon us in religion. The Almighty says: 'Allah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned.' However, it is highly unlikely that a Muslim in a large Islamic society would search for a person with specific qualities and characteristics and not find such a person among the Muslims, to the point of being forced to contract with non-Muslims—unless those qualities and characteristics are something that Islam discourages. In such cases, one turns to non-Muslims because such acts are viewed as permissible in their sight, and they see no disgrace in performing them, nor do they feel constrained in committing such base acts, whereas a Muslim refrains from doing so with honor and dignity. ¶

Based on this, employing non-Muslims is only permissible under two conditions: 1. The unavailability of a Muslim who can take the place of the non-Muslim. 2. Their loyalty and safety regarding Islam and the Muslims must be assured. ¶

Therefore, it is permissible for Muslims to employ non-Muslims in educational positions when there is no one available among the Muslims to perform that role. However, this is conditional upon the fact that no harm comes to the Muslims regarding their creed or their persons. The subject matter being taught must be permissible; it is not permitted to teach prohibited subjects, regardless of whether the teacher is a Muslim or a non-Muslim, such as singing, dancing, various forms of sorcery, charlatanry, and the like. Furthermore, the non-Muslim must be trustworthy and reliable regarding the children of the Muslims, such that... ¶

He must not exploit his presence among Muslim children to sow corruption and disbelief in their hearts. The evidence for the permissibility of a non-Muslim teaching Muslims is what the Prophet (peace be upon him) did with some of the prisoners of Badr. He requested those prisoners who could not afford ransom to secure their release by each teaching ten Muslim boys how to read and write, after which he would set them free. ¶

Sometimes, a person may need to visit a Jewish or Christian physician for certain incurable diseases. This is permissible under specific conditions: the Jewish or Christian individual must be an expert in the profession, trustworthy among the people, and there must be assurance that they will not exploit their profession to propagate vice or fight against the truth. If these conditions are met and there is no Muslim physician of equal standing and expertise, it is permissible to seek their treatment. Likewise, it is permissible to entrust them with wealth when necessary and to engage in buying and selling with them. The Prophet (peace be upon him) hired Ibn Urayqit, a polytheist, during his migration from Mecca to Medina and entrusted him with his person and his wealth, yet he was merely a hired employee, not a revered companion. The tribe of Khuza'a were well-wishers to the Messenger of Allah (peace be upon him), both their Muslim and non-Muslim members. It is narrated that the Prophet (peace be upon him) ordered them to be treated by al-Harith ibn Kalada, who was a disbeliever. All of this is conditional upon the unavailability of a Muslim physician of equivalent medical skill. If a Muslim physician is available, then the Muslim is more entitled to the benefit of his brother, for the strength of a Muslim is strength for his brethren, while the strength of a disbeliever is strength for the enemies. It is forbidden for Muslims to aid the enemies of Allah in a way that strengthens them against the people of Islam. However, in such situations, one may choose the lesser of two evils when necessary. Allah is the One whose help is sought and the Guide to the straight path. ¶

The Fifth Example: Inheriting from Non-Muslims and Providing Maintenance for Them ¶

It is not permissible under Shariah for inheritance to occur between a Muslim and a non-Muslim (kafir). The majority of the Companions and jurists, including the four Imams and others, have held that it is not permissible for a Muslim to inherit from a non-Muslim, nor for a non-Muslim to inherit from a Muslim, based on the saying of the Prophet (ﷺ): 'A Muslim does not inherit from a non-Muslim, nor does a non-Muslim inherit from a Muslim.' Since inheritance is based on walayah (loyalty/friendship) and nasrah (support), and there is no walayah or nasrah between a Muslim and a non-Muslim due to their difference in creed (aqidah), at best, there may be companionship with kindness, which does not reach the level of inheritance. Inheritance is exclusive to Muslims and their Muslim relatives by lineage. However, a group of jurists dissented, stating that a Muslim may inherit from a non-Muslim (though not vice-versa), arguing based on what was narrated from Mu'adh (may Allah be pleased with him), who allowed a Muslim to inherit from a Jew, reasoning that the Messenger of Allah (ﷺ) said: 'Islam is supreme and cannot be surpassed.' It is also narrated from the Prophet (ﷺ) that he said: 'Islam increases and does not decrease.' ¶

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Maintaining ties with them, under the assumption that it is a form of 'muwalat' (loyalty/allegiance), just as some others might think that withholding financial support from them and severing ties is a form of enmity towards the disbelievers. Since this matter may be confusing for some Muslims, and given its close connection to the topic of 'al-wala' wal-bara' (loyalty and disavowal), we deemed it necessary to clarify the Shariah's position on this issue so that the Muslim may have clear insight regarding dealings with their non-Muslim relatives or their perspective on those who interact with non-Muslims to whom they are related. Thus, we say: Jurists have differed on the subject of financial maintenance (nafaqah) for relatives into two opinions: ¶

First Opinion: This is the position of the majority of the Hanafis, Shafi'is, Malikis, Shia Imamiyyah, and Zaydiyyah. They argue that unity of religion is not a condition for the obligation of financial maintenance between relatives. They derive their evidence from the general texts indicating the obligation of maintenance. Allah the Almighty says: 'And your Lord has decreed that you worship none but Him and show kindness to parents,' until His saying: 'Do not say to them, "Uff," and do not repel them.' Spending on them during their poverty is one of the best forms of kindness; and the harm caused by withholding maintenance from them when they are incapable is greater than the harm caused by saying 'Uff.' Therefore, the prohibition of saying 'Uff' is a prohibition against withholding maintenance, by way of priority (a fortiori). ¶

And Allah the Almighty said: 'But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in the world with kindness.' This verse was revealed regarding disbelieving parents. Can 'kindness' (ma'ruf) mean that a child should abandon their parents while they are in a state of nakedness and extreme hunger? Based on this, it is obligatory for a Muslim to provide financial maintenance to their disbelieving relatives. ¶

Second Opinion: The view of those who argue that financial maintenance is not obligatory for a Muslim towards their relatives. ¶

Regarding the kuffar (disbelievers), this is the position of the Hanbalis (1). Their evidence is the saying of Allah Almighty: 'And upon the father is the provision and clothing of them [the mothers] according to what is acceptable... and upon the heir is [a duty] like that' (2). Thus, it is necessary that he who is obligated to provide for another must also be their heir, and a difference in religion prevents inheritance, therefore it prevents the obligation of maintenance (nafaqah). Because there is a kinship between those who inherit from one another which dictates that the heir is more entitled to the property of the deceased than other people, so it is required that he be specifically obligated to maintain ties with them over others. Maintenance, beyond this, is a matter of kinship and consolation, and therefore it is not obligatory when there is a difference of religion (3). The preferred position in this matter is that of the majority (jumhur), due to the strength of the evidence they provided for the obligation of a Muslim to provide maintenance for his relatives among the dhimmis. As for what the Hanbalis argued regarding the necessity of a shared religion as a condition for the obligation of maintenance, this applies to relationships other than direct descent. As for the claim that maintenance is obligatory for consolation and maintaining ties, and thus is not obligatory when there is a difference of religion, the answer is that it became obligatory in this kinship due to partiality (being of one's own flesh and blood), and this meaning does not change with a difference in religion. Even if the obligation of maintenance were solely for consolation and maintaining ties, a difference in religion does not prevent the maintaining of ties (4). As for the Muslim's maintenance of his relatives among the 'muharib' (belligerent) kuffar, whether they are outside or inside the Dar al-Islam, providing them with maintenance is not permissible, unless it is with the intention of reconciling their hearts to Islam. This includes relatives who embrace destructive ideologies and join infidel parties, whether they are communist, Ba'athist, socialist, Masonic, Crusader, polytheist, or the like, for the Muslim is forbidden from being kind to those who fight Allah, His Messenger, and the believers. Allah Almighty said: 'Allah only forbids you from those...' ¶

Those who have fought you for your religion and driven you out of your homes and supported one another in your expulsion—(you are forbidden) from befriending them. And whoever befriends them, then it is those who are the wrongdoers. (1) ¶

As for the 'near musta'man' (protected person), he is considered by ruling to be akin to the harbi (warring disbeliever), because financial maintenance (nafaqah) falls under the category of maintaining ties of kinship and benevolence; therefore, the harbi is not entitled to it, even if he is a musta'man. Based on this, financial maintenance is not obligatory between a Muslim and a musta'man, even in cases of lineage/procreation. (2) ¶

So, what is the state of those who spend upon the disbelievers who wage war against Allah, His Messenger, and the believers, while having no connection to them through lineage or any permissible cause? Is not such behavior an act of loyalty/allegiance (muwalat) to the disbelievers? It invites the wrath, hatred, and punishment of Allah upon those who do so among the claimants of Islam. There is no power nor strength except with Allah, the Most High, the Almighty. ¶

(1) Surah Al-Mumtahanah, Verse (9). (2) See: 'Ahkam al-Dhimmiyyin wa al-Musta'minin fi Dar al-Islam' by Dr. Abdul Karim Zaidan, p. 476. ¶

Fourth Discussion: Allegiance to Disbelievers in Matters of War ¶

Under this, there are three sections: ¶

1. First Section: Seeking assistance from disbelievers in combat. 2. Second Section: Entering into the protection of disbelievers. 3. Third Section: Seeking assistance through the weaponry of disbelievers. ¶

Chapter Eight: Regarding what a person must do when they realize that all affairs are from Allah Almighty. When a servant firmly believes that whatever has happened and whatever is happening is entirely from Allah Almighty, the consequence is that they lose hope in all created beings and turn exclusively toward Allah Almighty. Their heart becomes cleansed of the hopes and fears associated with creation, and their sole concern becomes the pleasure of Allah and adherence to His commandments. In such a state, the servant's first duty is to observe the injunctions of the Shariah and abstain from His prohibitions; for once they are certain that everything is from Allah, they realize that He is their true Master and that His obedience is mandatory. The second duty is to remain content with the decrees of Allah. Since they know that everything is from Allah, they understand that whatever Allah ordains contains inherent goodness for the servant, even if it appears painful. The third duty is to express gratitude to Allah. Every blessing one possesses is from Allah, and every tribulation that befalls one is also by His decree; thus, gratitude in both circumstances is a duty upon the servant. The fourth duty is to supplicate to Allah. Knowing that everything is in the hands of Allah, the servant will turn only to Him for every need and desire, seeking aid solely from Him. The fifth duty is to place one’s trust (Tawakkul) in Allah. Upon realizing that Allah is the ultimate Disposer of all affairs, the servant entrusts all their matters to Him and relies upon Him completely. ¶

First Section: Seeking Assistance from Disbelievers in Combat ¶

Whoever examines the verses of the Noble Quran and the Prophetic Sunnah will find evidence that definitively proves the disbelievers' deceit towards Muslims, their hostility, their betrayal of Muslim causes, their desire for evil to befall Muslims, their joy in such misfortune, and their enmity towards Allah and His Messenger. Therefore, whoever allies with them, honors them, or entrusts them with the affairs of the Muslims has opposed the command of Allah Almighty regarding them, which necessitates firmness and severity against them. Furthermore, whoever believes they are sincere and well-intentioned has denied what Allah has revealed about them regarding their betrayal, deceit, and desire for harm against the Muslims. Allah the Almighty says: 'This is because they say, "There is no blame upon us concerning the unlearned." But they speak untruth about Allah while they know [it].' (Surah Al-Imran: 75). And the Almighty says: 'O you who have believed, do not take as intimates those other than yourselves, for they will not spare you [any] ruin. They wish you would have distress. Hatred has already appeared from their mouths, and what their breasts conceal is greater. We have certainly made clear to you the signs, if you will use reason.' (Surah Al-Imran: 118). And the Almighty says: 'And do not take among them any ally or helper.' (Surah An-Nisa: 89). Therefore, it is not permissible... ¶

Being deceived by the friendship and sincerity displayed by the disbelievers is a mistake, as they are enemies of the faith from whom no affection can be expected. Whatever friendship and counsel they feign is merely for their own hidden agendas, personal interests, and for the sake of plotting and causing harm to the Muslims. They are like a snake; the ignorant are deceived by its neck and smoothness, while its mouth contains lethal venom. These disbelievers are similar, for their principle in dealing with Muslims is that there is no sin or transgression upon them in betraying the Muslims regarding their lives, wealth, or honor. Rather, they view this as a means of seeking closeness (to their own goals) and as retribution for what the Muslims did to their ancestors in the Levant, Egypt, and Andalusia (1). ¶

Allah has warned us against them and explained their positions toward us and their perspective in dealings, so that we may be cognizant in our interactions with them. Seeking their assistance in Muslim affairs in an un-Shar'i manner is a form of taking them as allies (muwalat) and supporters. Allah (Mighty and Majestic) has made clear that whoever takes them as allies is one of them. The faith of a servant in his Lord is not complete until he dissociates from them, for disavowal of them is proof of not taking them as allies. Whoever appoints them to important positions and high offices in the lands of Islam has taken them as confidants (bitana) instead of the believers, and has violated the command to break their power, to be stern with them, and to make them feel subjugated among the Muslims—so that they may either embrace Islam and be honored, or feel suffocated within the pure and clean Islamic society and join their likes among the disbelievers, or remain in a weak and humiliated state such that they pose no threat to Islam and the Muslims. Therefore, humiliating the disbelievers—without injustice or transgression regarding the rights Allah has decreed for them—is a requirement for every Muslim. Allah (SWT) says: 'Stern against the disbelievers, merciful among themselves' (2). He also says: 'And let them find in you harshness' (3). And He says: 'Until they pay the jizya with willing submission, while they are feeling themselves subdued' (4). This is incompatible with appointing them to positions of authority. ¶

Assigning them to leadership positions in the army and making them military experts and advisors, and treating them in this capacity, contradicts the requirements of the aforementioned verses regarding the treatment of disbelievers. ¶

Scholars have differed on the issue of seeking assistance from disbelievers in war into two opinions: ¶

First Opinion: This is the view of those who say that it is not permissible to seek the assistance of disbelievers in war, which is the school of the Malikis. Imam Ahmad (may Allah have mercy on him) also held this view. Those who forbid it have relied on a number of verses and hadiths, which are as follows: ¶

1. The saying of Allah the Almighty: "Let not the believers take the disbelievers as allies instead of the believers, and whoever does that has nothing to do with Allah." It is said that this was revealed regarding Ubada ibn al-Samit (may Allah be pleased with him), as he had allies among the Jews. When the Prophet (peace and blessings of Allah be upon him) went out on the day of Al-Ahzab, he said to him: O Prophet of Allah, I have five hundred Jews with me, and I have thought that they should go out with me so that I may seek their help against the enemy. So, Allah revealed this verse. ¶

2. The saying of Allah the Almighty: "O you who have believed, do not take as intimates those other than yourselves, since they will not spare you [any] ruin. They wish you would have hardship. Hatred has already appeared from their mouths, and what their breasts conceal is greater. We have certainly made clear to you the signs, if you will use reason." It has been deemed more likely that... ¶

Al-Qurtubi argues against the permissibility of seeking assistance from disbelievers, stating: 'Allah has clarified for us the reason for the prohibition of taking them as confidants (bitanah) by His saying: "They will not fail to do their best to corrupt you." Then He concluded the verse by saying: "We have made clear to you the signs, if you possess intellect." Shall we then deny Allah’s explanation regarding them, and believe them, such that we draw them near and seek closeness to them?' In 'Zad al-Masir', Qadi Abu Ya’la stated: 'This verse is proof that it is not permissible to seek the assistance of disbelievers in any of the affairs of the Muslims.' ¶

3 - Allah the Almighty says: 'O you who have believed, take not those who have taken your religion in ridicule and amusement among those who were given the Scripture before you nor the disbelievers as allies. And fear Allah, if you should be believers.' Ibn Khuwayz Mandad says that this verse, along with similar ones, includes the prohibition of seeking support or assistance from polytheists and the like. ¶

Al-Qurtubi states that the correct position in the Shafi’i school is the prohibition of seeking the assistance of disbelievers in combat. This is also the position Al-Qurtubi himself adopted. ¶

It is mentioned that Al-Shafi’i justified this by stating that it could provide the disbelievers with a 'sabil' (a means of dominance or authority) over the believers. ¶

Those who argue for the permissibility of this responded by saying that 'sabil' refers to 'yadd' (authority/control), which remains with the Imam who sought the assistance of the disbelievers. ¶

4 - Among the Hadiths is what Muslim narrated in his Sahih from Aisha, the wife of the Prophet (ﷺ), that she said: 'The Messenger of Allah (ﷺ) set out toward Badr, and when he reached Harra al-Wabra, a man caught up with him...' ¶

They remembered his boldness and bravery, and the Companions of the Messenger of Allah ﷺ rejoiced when they saw him. When he caught up to him, he said to the Messenger of Allah ﷺ: 'I have come to follow you and participate in the fighting with you.' The Messenger of Allah ﷺ asked him: 'Do you believe in Allah and His Messenger?' He said: 'No.' He said: 'Return, for I will not seek the aid of a polytheist (mushrik).' She said: Then he went away until, when we reached al-Shajara, the man caught up with him again and said to him what he had said the first time. The Prophet ﷺ said to him what he had said the first time, saying: 'Return, for we will not seek the aid of a polytheist.' She said: Then he returned, and he caught up with him at al-Bayda'. He said exactly what he had said the first time ('Do you believe in Allah and His Messenger?'). He said: 'Yes.' So the Messenger of Allah ﷺ said to him: 'Then proceed (with us).' ¶

5. Al-Waqidi narrated that Khubayb ibn Yasaf was a brave man who refused to embrace Islam. When the Messenger of Allah ﷺ set out for Badr, he and Qays ibn Muharith went out and offered to accompany the Messenger of Allah ﷺ. He said: 'No man who is not of our religion shall go out with us.' Khubayb said: 'My people know that I am very useful in war; I will fight with you for the sake of the spoils.' He said: 'No, but become a Muslim and then fight.' ¶

6. Imam Ahmad narrated from Khubayb, from Abd al-Rahman, from his father, from his grandfather, who said: I came to the Messenger of Allah ﷺ while he was intending a military expedition, accompanied by a man from my people, and we had not yet embraced Islam. We said: 'We feel ashamed that our people attend a battlefield while we do not witness it with them.' He asked: 'Have you both become Muslims?' We said: 'No.' He said: 'Then we do not seek the help of polytheists against polytheists.' He said: So we embraced Islam and witnessed (the battle) with him. I killed a man, he struck me a blow, and I later married his daughter. She used to say: 'I will never forget the man who gave you this scar,' and I would reply: 'I will never forget the man who hastened your father to the Fire.' ¶

Second opinion: The opinion of those who permitted seeking the aid of disbelievers when there is a need for it. ¶

This is the opinion of the majority of the Shafi'is, Hanbalis, and Hanafis. Proponents of this view have cited several hadiths as evidence, which are as follows:- ¶

1. It is narrated that Quzman went out with the companions of the Messenger of Allah ﷺ on the day of Uhud while he was still a polytheist. He killed three of the Banu Abd al-Dar, the standard-bearers of the polytheists, to the extent that the Messenger of Allah ﷺ said: "Indeed, Allah supports this religion through a sinful man." ¶

2. During the Treaty of Hudaybiyyah, while the Prophet ﷺ was heading toward Makkah and was at Dhu al-Hulayfah, he sent a scout from the Khuza'a tribe named Bishr bin Abi Sufyan to bring him news of the people of Makkah. Bishr bin Abi Sufyan was a polytheist from the Khuza'a tribe, and this serves as confirmation of the permissibility of seeking help from polytheists when there is trust in them. ¶

3. Mukhayriq bin Tha'labah, who was a Jew by faith and religion but an Arab by lineage and race, participated in the Battle of Uhud alongside the Muslims. His fighting was in implementation of the treaty concluded between the Prophet ﷺ and the Jews. He called upon the Jews to take up arms with the Muslims on the morning of Saturday, so he took his weapons, joined the Messenger of Allah ﷺ, and fought until he was killed. He had said, "If I am killed, my wealth belongs to Muhammad; he may do with it as he wishes." He owned seven gardens, which the Messenger of Allah ﷺ designated as endowments (waqf) in Madinah. ¶

4. The Prophet ﷺ sought help from the Jews of Banu Qaynuqa' and allocated a share for them, and he sought help from Safwan bin Umayyah on the day of Hunayn (before his conversion to Islam); this indicates its permissibility. ¶

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It has been narrated from al-Shafi’i (may Allah have mercy on him) that which aligns with this meaning, as it is reported that he said: (If the Imam perceives that the disbeliever is of good intention, of sound judgment, and safe from being a threat to the Muslims, and there is a compelling need for his assistance, then it is permissible; otherwise, it is not.)(1) ¶

Perhaps this is what accords with the evidences of prohibition and the evidences of permissibility, as it is reported that the Prophet ﷺ accepted the assistance of Safwan bin Umayyah on the day of Hunayn while he was still a polytheist. Thus, the matter falls under the concept of Siyasa Shar'iyyah (Islamic political policy) for the benefit of the Islamic Da'wah.(2) ¶

What appears to me from the evidences is the impermissibility of seeking the assistance of the polytheists unless the two aforementioned conditions are met, for two reasons: ¶

The first reason: The hadiths used as evidence for the permissibility of seeking the assistance of the disbelievers are not free from criticism or interpretations that make their application non-binding. As for Quzman fighting alongside the Muslims, it is not established that the Prophet ﷺ granted him permission for this from the outset; at most, it only indicates that it is permissible for the Imam to remain silent if a disbeliever fights alongside the Muslims.(3) ¶

As for the Prophet ﷺ seeking the help of Bishr bin Abi Sufyan as a spy against the Quraish while he was a polytheist, this assistance was for tasks other than combat, and this matter is closer to being permissible than the matter of combat and warfare.(4) ¶

As for that which is narrated from al-Zuhri as a mursal (report), the mursalat of al-Zuhri are weak, and the musnad (narrated) version contains al-Hasan bin Umarah, who is weak.(5) ¶

As for the Prophet ﷺ seeking the help of Ibn Ubayy the hypocrite, it does not fall under this category of assistance. ¶

With the disbelievers, because it is an outward manifestation of Islam, and the hypocrite is judged according to his outward appearance, while Allah, the Almighty and Majestic, is the overseer of his inner secrets. ¶

The second reason: Reconciling the evidences for permissibility and prohibition is possible by following the following perspectives: ¶

The first perspective: What al-Shafi’i (may Allah be pleased with him) said, that the Prophet ﷺ instilled desire in those he turned away, returning them in the hope that they would accept Islam, and Allah validated his assumption regarding them. However, this is open to examination because the Prophet's ﷺ statement, 'Go back, for we will not seek help from a polytheist,' is an indefinite noun in a negative context, which denotes generality. ¶

The second perspective: The statement of the group (the majority) that seeking help was originally prohibited, then it was permitted. Al-Hafiz mentioned this in 'Al-Talkhis,' and Imam al-Shafi’i explicitly stated it. ¶

The third perspective: What is mentioned in 'Al-Bahr' regarding the 'Itrah (the Prophet's family scholars), Abu Hanifa, and his companions, that it is not permissible to seek help from disbelievers and sinners unless they adhere to the commands and prohibitions of the Muslim ruler. They reasoned that the Prophet’s ﷺ seeking of help from those mentioned previously was only under this condition; meaning that the disbelievers should be subjects to command and prohibition, not the ones commanding and prohibiting. ¶

As for the Prophet’s ﷺ seeking help from the hypocrites, a consensus (ijma') has been established on the permissibility of seeking their help against the disbelievers, as the Prophet ﷺ sought help from Ibn Ubayy and his companions. Likewise is the seeking of help from sinners against the disbelievers. ¶

Falling into this category is seeking help from sinners against rebels (bughat), a view held as permissible by Imam al-Shawkani. ¶

The Fourth Aspect: Some scholars, including the Hādawīyah, stipulate that it is not permissible to seek assistance from disbelievers (kuffār) and transgressors (fussāq), unless the Imam has with him a group sufficient to enforce the Shariah rulings over those whose assistance he is seeking, such that those being assisted are suppressed and not dominant—similar to the status of the hypocrites during the time of the Messenger of Allah (peace be upon him). Based on the above, those who permit seeking assistance from disbelievers have stipulated conditions that restrict this necessity to extreme emergencies, specifically in areas that do not affect the Islamic creed or the lives of Muslims. These conditions are as follows: 1. That there is no Muslim available who can take the place of the disbeliever(s) whose assistance is sought. 2. That their assistance is sought in matters other than combat alongside the Muslims, as is the opinion of the majority (jumhūr). 3. That the disbeliever whose assistance is sought is well-intentioned and beneficial to the Muslims. 4. That the disbeliever does not have independent authority in opinion or consultation, separate from the 'Ahl al-Hall wal-'Aqd' (those who loose and bind) among the Muslims; rather, they must be subordinates under command, not commanders followed. 5. That the polytheists (mushrikīn) do not possess such power and dominion that it creates a fear that they might collaborate with those whom the Muslims are fighting against, in order to strike at Islam and its people. 6. That the disbelievers whose assistance is sought are mere hired employees, not honored allies. 7. Even if, according to some views, it is permissible to seek assistance from a polytheist in war against other polytheists, it is not permissible under any circumstances to seek assistance from polytheists in fighting against rebels (bughāt) who are from among the Muslims. ¶