Chapter 44
Page 861This verse proves the negation of obligatory faith for anyone who maintains an alliance with those who oppose Allah (the Almighty and Majestic), just as it implies, by the concept of opposition (mafhum al-mukhalafa), the necessity of loving the believers who are obedient to Allah. ¶
As for those who believe that demonstrating enmity and openly declaring it towards the disbelievers is specific only to the Prophets—on the grounds that it was the 'message' they were tasked with, and not a duty upon ordinary people—this assertion is among the most invalid and greatest of fallacies. This is because Allah the Almighty has clarified that 'Muwala' (alliance/friendship) and 'Mu'adat' (enmity) are part of the Sunnah of our father Ibrahim (peace and the best blessings be upon him and our Prophet). Therefore, none turns away from the creed of Ibrahim except one who has belittled his own soul, as Allah says: 'And who would be averse to the religion of Abraham except one who makes a fool of himself.' Thus, inward hatred and animosity are insufficient for salvation from Allah's punishment if one has the capacity to openly demonstrate and declare that enmity, particularly for those who choose to travel and reside among disbelievers of their own free will. Where, then, is the overt declaration of enmity and hatred among those who travel to the lands of the disbelievers in our present time? ¶
What generally occurs regarding the conditions of those who travel to and reside among disbelievers is conformity, the expression of approval, and perhaps even admiration for their disbelief. So much so that many of them return as advocates for Freemasonry, Crusader ideology, Communism, and animalistic hedonism. The person who remains steadfast in Islam—who is considered among those 'clinging to it with their molar teeth'—while in the lands of the disbelievers is the one who remains silent regarding these disbelievers, distances himself from them, and strives diligently to protect himself from being dissolved into their swamps of corruption, the mire of vice, and the spontaneous or calculated temptations designed by the enemies to entrap the children of the Muslims. ¶
Based on this, the manifestation of religion—which consists of abandoning prohibitions, fulfilling obligations, and demonstrating enmity toward disbelief and the disbelievers—is a matter that becomes impossible to achieve and realize in [the lands of the disbelievers]. ¶
Page 862Regarding most lands of the disbelievers, traveling to and residing in those countries where a Muslim cannot manifest his religion under the conditions recognized by the scholars is a prohibited act, and it is not permissible in Islam. How could it be otherwise? When emigration (hijrah) from the lands of the disbelievers to the Abode of Islam (Dar al-Islam) is recommended, even if the Muslim is able to manifest his religion, then what about if he is unable to manifest it? Would his travel and residence in such a state not be a prohibited act and one of the evidences of his alliance (muwalat) with the disbelievers, provided he is not under compelling coercion (ikrah mulji')? ¶
Sheikh Sulaiman bin Sahman says: "It is not our doctrine to declare as a disbeliever (kafir) the one who travels to the lands of the disbelievers or stays with them, while he remains a manifestor of Islam, loyal to its people, hateful of disbelief, and hostile toward its people. We only declare the one to be a disbeliever who resides in the Abode of Disbelief (Dar al-Kufr), agrees with them in their disbelief, is satisfied with it, and humiliates the religion for the sake of worldly gain. ¶
As for the one who resides in the Abode of Disbelief while being capable of emigration and is unable to manifest his religion, his residence among them is prohibited, but it does not reach the level of disbelief unless he aligns with the disbelievers in both outward appearance and inward conviction." ¶
Among the reasons that led the scholars to focus on the subject of travel and residence among the disbelievers are the evil effects and major setbacks they witnessed in the conditions of many who made their home among the disbelievers, thereby losing both this world and the hereafter, and that is the manifest loss. ¶
Sheikh Sulaiman bin Sahman says: "Traveling to the lands of the polytheists is a means that leads to mixing with them, prevents the manifestation of religion among them, and causes one to demonstrate agreement with them, show cheerfulness and softness when meeting them, and leads to satisfaction or otherwise..." ¶
Page 863Not caring about their deeds is one of the greatest means that leads to witnessing evil and remaining silent about it. Sin does not occur merely by socializing or frequent traveling and residing among them, but rather by being pleased with and consenting to their disbelief. This also includes lesser sins such as wickedness, perjury, oppression, immorality, and various types of transgressions, for being pleased with acts of disbelief is disbelief, and being pleased with what is less than disbelief is likewise, each according to its degree. (End quote). ¶
Ibn Daqiq al-Eid said: (The means to an act of obedience is [itself] an act of obedience, just as the means to a sin is [itself] a sin). (End quote). ¶
Allah Almighty has forbidden the means that lead to disbelief. He says: 'And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist woman, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.' Thus, Allah Almighty stated that the reason for prohibiting marriage with polytheistic men and women is that they invite to the Fire through their words, actions, and states, and that associating with them is a source of danger to Muslims. This danger is not merely worldly; it may also be an eternal wretchedness. It is deduced from the reasoning provided in the aforementioned verse that it is forbidden to associate with any polytheist or innovator (mubtadi'). For if marriage with disbelievers is not permissible—according to those who hold it to be forbidden or those who hold it to be disliked—despite the many benefits inherent in marriage, then mere socializing devoid of the goals of calling to Allah is even more deserving of prohibition, especially socializing in which the polytheist is superior to the Muslim, whether in a physical or symbolic sense. ¶
Page 864Sheikh Sulaiman bin Sahman narrates from Ibn Taymiyyah regarding the verse: 'If We forgive a faction of you, We will punish a faction because they were criminals' (At-Tawbah: 66). He (Shaykh al-Islam) said: 'The faction that was forgiven was disobedient, not disbelieving. This was either due to hearing disbelief without refuting it, sitting with those who engage in mockery of Allah's verses, or speaking words that constitute a sin but not disbelief.' ¶
Allah the Almighty also says: 'And those who do not bear witness to falsehood, and when they pass near ill speech, they pass by with dignity' (Al-Furqan: 72). Some exegetes have mentioned that 'falsehood' (al-zur) refers to the festivals of the polytheists; therefore, the ruling is a prohibition against attending the festivals of the polytheists and their acts of disbelief. Allah says: 'And if the Shaytan makes you forget, then do not remain after the reminder with the wrongdoing people' (Al-An'am: 68). ¶
Based on the aforementioned, residing voluntarily and with contentment in a land where shirk and kufr are dominant, where manifestations of apostasy and turning away from Islam are apparent, and where slogans of atheism and corruption are raised, is a situation that Allah does not approve for a Muslim, nor does a true Muslim approve for himself. A Muslim cannot find peace in a country where the pillars of Tawhid are demolished, the rites of disbelief are upheld, tyrants and transgressors prevail, and the people of Iman and Islam are humiliated. ¶
Being content to reside in such a situation only proceeds from a heart upon which sins and acts of disobedience have accumulated, within which the spark of faith has extinguished, and which has become accustomed to pleasures and enslaved by desires to the point where it has lost the sense of responsibility toward itself and toward Islam. ¶
Page 865And the Muslims, and the sense of honor (ghayrah) in his heart for the sanctities of Allah and the rulings of Islam dies out. ¶
Excluded from this are the mustada'afun (the oppressed/weakened ones) who reside among the disbelievers without their own desire, consent, or choice. Allah 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.} Thus, for these people, there is no sin or blame. However, the majority of Muslims residing in the lands of disbelief today do not fit the description of 'istid'af' (being weakened/oppressed), as most of them go there by their own desire and choice for purely material purposes and worldly goals that have no connection to working for Islam and the Muslims. This is the legal hazard (al-mahthur al-shar'i) in mixing with the disbelievers and residing among them: {So let those who dissent from his [the Prophet's] order beware, lest fitnah (trial/affliction) strike them or a painful punishment.} ¶
As for the oppressed Muslim who resides among the disbelievers, he must know that his stay is an exceptional case. He must not be content with residing among them and must realize that residing with them in this state is a necessity (darurah) that must be removed by taking the necessary immediate and long-term measures. ¶
Allah the Almighty says: {And what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say, 'Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?'} Thus, Allah explained their plea, which indicates that they did not remain there by choice. This is evidenced by their supplication to Allah to remove them, demonstrating their desire to leave and the impossibility of doing so. This is further supported by their description of the people of the city as oppressors, and their asking their Lord to appoint for them a protector to take charge of their affairs and a helper to grant them victory over the enemies in whose midst they are trapped. ¶
Page 866They could neither devise a plan nor find a way (1). Thus, the Almighty mentioned in this verse the state they were in: that they were unable to devise a plan to escape, nor could they find a way to do so (2). ¶
The conclusion to be drawn is that the 'mustad'afun' (oppressed/weakened) are those who are unable to leave the midst of the polytheists, while simultaneously asking Allah to facilitate their departure from those among whom they reside in injustice. ¶
This indicates that if a Muslim is capable of emigrating from the lands of the polytheists and is prevented from doing so only by a desire for the polytheists' homeland, their company, or something similar, then Allah the Almighty does not accept such an excuse and labels them as 'zalimin' (wrongdoers) to their own souls. The Almighty says: 'Indeed, those whom the angels take in death [while] wronging themselves - [the angels] will say, 'In what [condition] were you?' They will say, 'We were oppressed in the land.' They will say, 'Was not the earth of Allah spacious [enough] for you to emigrate therein?' For those, their refuge is Hell - and evil it is as a destination' (3). Ibn Kathir and others stated that this verse is general, applying to everyone who resides among the polytheists while being capable of migration and unable to establish their religion; such a person is a perpetrator of a haram act by consensus and by the text of this aforementioned verse (4). ¶
Al-Suddi (5) said: When Al-Abbas, Aqil, and Nawfal were taken prisoner, the Messenger of Allah (PBUH) said to Al-Abbas, 'Ransom yourself and your two nephews.' He said, 'O Messenger of Allah, did we not pray towards your Qibla and bear witness...?' ¶
Page 867Your testimony. He said: 'O Abbas, you disputed, and thus you were overcome.' Then he recited the Almighty's saying: 'Was not the earth of Allah spacious enough for you to emigrate therein?' (1) Narrated by Ibn Abi Hatim. (End quote). ¶
Through these verses, it becomes clear to us that the truly 'mustad'af' (oppressed/weak) is the one who finds no strategy and knows no way to escape from the land of the disbelievers. As for the one who resides among the disbelievers by his own desire and choice, prioritizing the love of family, wealth, children, and residence, and feeling no distress in dwelling among the disbelievers, and who does not manifest his religion—he is a liar in his claim, and his excuse is unacceptable to Allah Almighty, His Messenger, and the people of knowledge regarding the Shariah of Allah. Therefore, people in the matter of migration (Hijrah) from the land of disbelief to the land of Islam are of three types: ¶
Type One: The one for whom Hijrah is obligatory. This is the person who is capable of it but cannot manifest his religion or perform the duties of Islam while residing among the disbelievers. Such a person is required to perform Hijrah, due to the saying of the Almighty: 'Indeed, those whom the angels take in death while they are wronging themselves, [the angels] will say: In what condition were you? They will say: We were oppressed in the land. [The angels] will say: Was not the earth of Allah spacious enough for you to emigrate therein? For such, their refuge is Hell—and evil it is as a destination.' (3) This is a stern warning indicating the obligation of Hijrah for whoever is capable of it and resides in a society that does not allow the manifestation of the rites of Islam, because manifesting the rites of Islam is obligatory, and that which is necessary to complete an obligation is itself an obligation (4). ¶
Type Two: The one upon whom Hijrah is not obligatory due to incapacity caused by illness, coercion, or weakness, such as women, children, and the like. For such people, there is no obligation of Hijrah, due to the saying of the Almighty: 'Except for the oppressed among men, women, and children who cannot devise a plan'. ¶
Page 868And find no way; for such, it is hoped that Allah will pardon them, and Allah is ever Pardoning, Forgiving. (Surah An-Nisa: 98-99). It cannot be described as recommended (mustahab) because it is not within their capability. ¶
The Third Category: Those for whom it is recommended but not obligatory; this is the one who is capable of it but is able to manifest his religion in the Abode of Disbelief (Dar al-Kufr). It is recommended for him so that he may be able to engage in jihad against the disbelievers and increase the ranks of the Muslims. It is not obligatory upon him because it is possible to perform his religious obligations without migration (hijrah). It is narrated that Nu'aym al-Nahham, when he wanted to migrate, his tribe, Banu Adi, came to him and said, 'Stay with us; you may remain upon your religion, and we will protect you from those who wish you harm, and continue to provide for us as you were doing.' He used to support the orphans and widows of Banu Adi, so he delayed his migration for a time and then migrated afterward. The Prophet (peace be upon him) said to him, 'Your people were better for you than mine were for me; my people expelled me and wanted to kill me, while your people protected and defended you.' He replied, 'O Messenger of Allah, rather your people drove you toward the obedience of Allah and jihad against His enemies, while my people hindered me from migration and the obedience of Allah,' or words to that effect. ¶
From the foregoing, it becomes clear to us that people, regarding their travel and residence among the polytheists, are divided into two categories: ¶
The First Category: Those for whom travel and residence in the Abode of Disbelief is permissible, and they are: First: The one whose intention in traveling is to invite others to Allah through his words and deeds, and he is capable of manifesting his religion. ¶
Page 869his religion is secure from fitnah (tribulation) in his outward state, while demonstrating allegiance (muwalat) to the Muslims and enmity (mu'adat) toward the disbelievers. ¶
Second: One whose travel is permissible under Shariah, such as one traveling for trade, commerce, medical treatment, or similar reasons, provided he is knowledgeable about his religion, secure from fitnah in his outward state, and demonstrates allegiance to the Muslims and enmity toward the disbelievers. ¶
Third: The oppressed, including women, children, and those similar to them, who cannot find a means to emigrate and find no way to do so. ¶
Second Category: Those for whom it is not permissible to travel to or reside in the lands of the disbelievers are: ¶
First: One whose travel and residence in the lands of the disbelievers constitutes a haram act or a major sin (kaba'ir). This applies to one who travels for worldly needs; while he may be knowledgeable about his religion and secure from fitnah, he is unable to manifest his religion or perform the rituals of Islam openly and with complete freedom. ¶
Second: One whose travel and residence in the lands of the disbelievers constitutes apostasy (riddah) and kufr. This applies to one who expresses approval of the disbelievers regarding their kufr, deems their state of disbelief to be good, praises it, and fails to distinguish himself from them by affirming what is halal and condemning what is haram. Such a person is a mirror image of them. Allah has said regarding one with these characteristics: "And whoever among you takes them as allies, then indeed, he is one of them. Indeed, Allah does not guide the wrongdoing people." ¶
Based on this, the fundamental principle in the methodology of Islam is to keep the Muslim in the Dar al-Islam (Abode of Islam) and to migrate to it from the Dar al-Kufr (Abode of Disbelief). As for the reverse—transferring from the Dar al-Islam to the Dar al-Kufr—this is subject to conditions and restrictions that a Muslim who is committed to Islam, in truth and sincerity, must observe and not transgress. ¶
Page 870We have previously pointed to three categories of Muslims for whom it is permissible to travel and reside among the disbelievers (kuffar) and within the Abode of Disbelief (Dar al-Kufr). This is because their travel and residence is either for the benefit of the Islamic Da'wah, such as those who call to Islam, or those who engage in lawful activities while strictly observing their religious obligations, avoiding prohibited acts, manifesting and loving the truth, and criticizing and abhorring falsehood. Alternatively, it may be for personal necessity, such as those among the Muslims who are weak (mustad'afun). These three conditions do not apply to the majority of those dispatched to disbelieving countries, nor to those traveling there. ¶
In my view, the remedy for this phenomenon is not to close the borders between us and the disbelievers, but to deepen the concept of faith within souls and instill personal conviction in individuals. The Prophet (peace be upon him) did not erect barriers around Medina to investigate the intentions of travelers, nor did he prevent people from traveling to the Levant or Mecca before the conquest. Rather, he knew that every Muslim possessed an internal immunity derived from the sincerity of faith and the strength of Islam. ¶
Today, however, as this internal immunity and spiritual defense have been lost, states claiming to be Islamic should not permit a Muslim to depart for the Abode of Disbelief unless the individual presents a reliable certificate of purification (tazkiyah) indicating their piety and integrity in their outward conduct. It must be reasonably expected that they will be an influence rather than be influenced, and that they possess a high degree of taqwa (God-consciousness) and wara' (scrupulousness), which grants the soul the ability to resist the temptations and corruption of the disbelievers, just as a strong, healthy body resists the infection of physical and epidemic diseases. ¶
Requiring a certificate of tazkiyah and integrity is not objectionable according to my knowledge and assessment. If states require travelers entering or leaving their territories to provide international vaccination certificates against contagious physical diseases, the danger of ideological, intellectual, and behavioral diseases to a Muslim is far greater than the danger of physical diseases—as being afflicted in one's creed and conduct may result in a person being among those who abide eternally in the Fire of Hell. ¶
Page 871Therefore, it is necessary to study the conditions of those sent abroad and those traveling to disbelieving (kafir) countries, and to understand the stance of those countries toward the Muslims residing therein, the extent to which they allow them to practice their Islamic duties, and whether they seek to corrupt them through various means or not. ¶
If valid and permissible reasons exist for residing among the disbelievers, then it is permissible to send students abroad and travel to disbelieving countries when there is a need for it. ¶
However, the situation in our current era is the opposite of what it should be, for the enemies of the Islamic Ummah are the ones who command and forbid in most Islamic regions. Therefore, you see that they have made educational missions and travel to the lands of the disbelievers a gateway to declaring Muslims apostates and causing them to abandon Islam. This is because such educational missions entail negative aspects, which are as follows: ¶
First: Sending young individuals from the secondary school level and those at that level, who are at their most ignorant regarding their creed and religion, and who do not know the defects and evils of the systems and religions in the lands of the disbelievers. ¶
Second: Most youth are sent with the condition that they remain unmarried, or they are not encouraged to take their spouses with them, which leads to the corruption of the morals of many of those sent and their fall into the abyss of vice, except for those whom Allah protects. ¶
Third: Overwhelming those on educational missions with financial means, whether from their families—if they are children of merchants or those in power—or from the state, as some Islamic countries, especially oil-producing ones, pay huge sums. This has a counter-productive effect on most students in disbelieving or semi-disbelieving societies. ¶
Fourth: Educational missions are often carried out for trivial purposes and weak objectives, such as sending people to study music, sports, or other similar things. ¶
Page 872These are superficial and naive issues that neither benefit the Ummah in its religious or worldly affairs, nor do they serve its fundamental and existential concerns. ¶
Fifth: The states that send their children to the lands of the disbelievers do not provide them with the necessary protection to manifest their religion or ensure their freedom of worship in those lands. They do not support them with their wealth or influence in this regard, even though if they were to focus on this matter, they could achieve satisfactory results; however, one who does not possess something cannot give it. ¶
Sixth: Experience has proven the failure of most scholarship students in their creed, behavior, and the sciences they were sent to acquire, given that they are cast into the lands of the disbelievers without any accountability or oversight, except for the spies who hunt down anyone who criticizes the position and sanctity of the ruler. As for the matter of creed and morals, the student is left to his own devices; let every person believe what they wish and adopt whatever morals and traits of the disbelievers they please, as long as they remain loyal to the one who holds sovereignty and power. ¶
Thousands of students have returned from the East and the West, yet the condition of the Muslims goes from bad to worse. What have the students who have gone and returned over the past half-century achieved for the Islamic countries? Have they achieved scientific and industrial progress that places them among the ranks of industrialized nations? Have they achieved military advancement by which they might reclaim occupied homelands and restore the dignity trampled under the feet of the Zionist Jews? ¶
The enemies are not so foolish as to teach the children of Muslims knowledge that would become the source of the enemies' strength against Islam and the Muslims. A thief, no matter how stupid, would not hand his weapon to his enemy, because he knows that the secret of his superiority over his enemy is that very weapon in his hand. Many of our sons have returned to us with the superficialities of the West and the East without carrying the core essence with them; they are either parrots for the mockeries of the West or mindless followers of the absurdities of the East. They have lost their foundational creed and acts of worship, becoming mere appendages to the Zionists of the East and the West. ¶
Page 873The conclusion we draw from the preceding presentation is that if Islamic countries were to dedicate their religion sincerely to Allah, and their leaders were truthful in their loyalty to Islam and the Muslims, they would be keen to send faithful, sincere, and steadfast youth abroad for education. Through this, three main objectives would be achieved: ¶
First: Sending faithful youth would serve as a means of Da'wah (proselytizing) in lands shrouded in the darkness of Jahiliyyah (ignorance) and the oppression of their systems. A Muslim committed to Islam becomes a caller to the faith through his words, actions, and conduct within the society he inhabits, as was the case with most Muslims who became callers to Islam during their travels to Africa and Southeast Asia. ¶
Second: Faithful youth would be serious in acquiring beneficial knowledge and useful education, which would result in the necessary expertise in sciences and basic industries essential for the growth and proper development of the Ummah. For one who seeks knowledge without a creed or noble principle reaps nothing but superficiality. ¶
Third: At the very least, the faith of these youth remains protected from deviation and alteration, and society is saved from the evil of the destructive ideologies and misguided beliefs that many who studied abroad have brought back to Islamic lands. ¶
Indeed, safety at the very least is a bounty compared to those who have lost both this world and the Hereafter as a result of intermingling with disbelievers and residing among them, as is the case with many students and travelers who go to the lands of the disbelievers in an un-Islamic manner. Will we take heed from the past? Or will the Islamic Ummah continue to be stung dozens of times while remaining in its slumber, failing to wake up? ¶
To summarize the matter of travel and residence among disbelievers, this issue revolves around four rulings: ¶
1. Istihbab (Desirability) 2. Ibahah (Permissibility) ¶
Page 8743. The prohibition that does not expel one from the fold of the faith (Millah). 4. The prohibition that necessitates apostasy (Riddah) and disbelief (Kufr). ¶
We have detailed the requirements for these rulings at the beginning of this discussion in a manner that we believe to be sufficient, and Allah suffices us, and He is the best Disposer of affairs. ¶
Page 875Second Section ¶
Alliances with Disbelievers: Working for Them and Under Their Authority ¶
A true Muslim is one who proceeds from the foundation of Islamic legislation in all their actions, dealings, and affairs of life. Since placing oneself in the service of the interests of disbelievers and working for them may fall under the category of cooperating in sin and aggression (ta'awun 'ala al-ithm wal-'udwan) and supporting disbelievers against the believers (muzaharat al-kafirin), the jurists (fuqaha) have addressed this subject with study and analysis in light of what has been mentioned specifically in the Book (Quran) and the Sunnah. ¶
The Hanbalis stated that it is not permissible for a Muslim to place themselves at the disposal of a disbeliever for the purpose of being hired to serve them, whether that disbeliever is a dhimmi, a musta'min, or a harbi (1). This is because the employment of a Muslim by a disbeliever is a form of subjugation for the Muslim. As such, the Muslim hiring themselves out to a disbeliever is an act of self-humiliation, and a Muslim has no right to humiliate themselves before a disbeliever, for Allah Almighty says: 'And never will Allah give the disbelievers a way [to overcome] the believers' (2). And also because... ¶
(1) See: Al-Mughni by Ibn Qudamah, Vol. 5, p. 505. (2) Surah An-Nisa, verse 141. ¶
Page 876Islam is supreme and nothing can be superior to it. Sheikh Abd al-Rahman ibn Hasan held the view that it is not permissible for a Muslim to work for a disbeliever, based upon this verse (1). ¶
According to the Hanafis, it is permissible for a Muslim to hire himself out to a disbeliever, though it is makruh (disliked), and this is also the opinion of al-Shafi'i (may Allah have mercy on him). Their argument is that hiring oneself out is a contract of exchange for a service/benefit, and is therefore permissible just like a sale (2). ¶
They derive evidence for this from various narrations and events, as follows: ¶
1. It is narrated that Ali ibn Abi Talib (may Allah be pleased with him) hired himself out to a Jew to draw water for him. He informed the Prophet (ﷺ) of this, and he did not disapprove of it because it was a contract of exchange that did not involve the humiliation of the Muslim, making it similar to conducting trade with them (3). ¶
2. It is narrated by al-Tabarani from Ka'b ibn 'Ujra (may Allah be pleased with him) that he worked for a Jew, watering his camels for one date per bucket. He informed the Prophet (ﷺ) of this, and he did not disapprove of anything in it (4). ¶
3. The incident involving Yusuf (peace be upon him) and the Pharaoh of Egypt, where Yusuf presented himself to the Pharaoh of Egypt, as Allah the Almighty mentioned by quoting Yusuf (peace be upon him) in His saying: 'He said: Set me over the storehouses of the land; indeed, I am a knowing guardian' (5). ¶
Ibn Zayd said: The King of Egypt (the Pharaoh) had many storehouses, so he handed over all his authority to Yusuf (6). End quote. ¶
Page 877Scholars have inferred from this verse that it is permissible for a virtuous man to work under a wicked person or a disbelieving ruler, provided that he knows he is being granted authority in actions where he will not be obstructed, allowing him to reform whatever he wishes. However, if his work is subject to the choice, desires, and wickedness of the immoral person, then it is not permissible. Some have argued that this was specific to Joseph (Yusuf) and is not permissible today, based on the usuli (jurisprudential) disagreement over whether the divine law of those before us is binding upon us if there is no specific text in our own shariah to override it. ¶
Al-Qurtubi favored the opinion of permissibility to work under non-believers, subject to the aforementioned conditions. Al-Mawardi stated: If the ruler is a tyrant, people have differed on the permissibility of accepting authority from him into two views: ¶
First: It is permissible to accept a position from a non-believer if the official acts with justice in the tasks entrusted to him without interference from the non-believer, because Joseph held authority under the Pharaoh given that Joseph possessed absolute power, meaning he acted based on his own authority, not the actions of another. ¶
Second: It is not permissible to accept work if the employer is a tyrant, because this constitutes taking the side of the oppressors by assisting them in their injustice and validating them by accepting their appointments. Those who hold this view responded to the case of Joseph and the Pharaoh with two arguments: 1. The Pharaoh of Joseph was righteous, whereas the tyrant was the Pharaoh of Moses. 2. Joseph managed his properties rather than his affairs, thus absolving him of any liability therein. A group of scholars said that when a learned, practicing, and righteous man... ¶
Page 878If either of them knows that there is no way to repel oppression and harm from the people except by taking a position appointed by a disbeliever or a wicked person (fasiq), then it is permissible for him to work for him. ¶
Al-Mawardi says: The most correct of these two general opinions is to categorize what a Muslim takes on from a disbeliever or an oppressor into three types: ¶
First: Matters that their rightful beneficiaries may perform without the need for ijtihad (legal reasoning), such as sadaqat (charity) and various types of zakat. It is permissible for a Muslim to manage these matters on behalf of an oppressor, because the textual evidence (nass) regarding the recipients has dispensed with the need for ijtihad in them, and the permissibility for the rightful owners to manage them independently has dispensed with the need for taqlid (imitation). ¶
Second: Matters that the rightful owners cannot manage independently and require ijtihad regarding their expenditure, such as fay assets (spoils acquired without combat). It is not permissible to manage these on behalf of an oppressor, because he acts without right and performs ijtihad where he has no claim. ¶
Third: Matters that one may manage for those entitled to them, where ijtihad plays a role, such as the judiciary and issuing rulings. If the intent is to execute judgment between mutually consenting parties and to mediate between disputants, it is permissible; but if it involves compulsion and coercion, it is not permissible. ¶
Al-Shawkani says in Al-Fath: (If a person trusts themselves, and enters into one of the affairs of an oppressive ruler, they should raise the banner of truth and demolish falsehood as much as possible). It is permissible for him to seek that [position] for himself, and it is permissible for him to describe himself with attributes that provide motivation for what he seeks. ¶
Page 879His request to be placed in charge of the treasuries of the land was not a request for authority; rather, it was a request of abdication and renunciation, so that the entire matter might be transferred to him by the enabling power and will of Allah. This is evidenced by the Almighty's saying: 'And thus We established Joseph in the land to settle therein wherever he willed.' (End quote). ¶
Al-Shawkani mentioned in 'Al-Fath' (Al-Qadir), while interpreting the Almighty's saying: 'And do not incline toward those who have done wrong, lest you be touched by the Fire,' that this verse specifically concerns the polytheists (mushrikin), and that the prohibition mentioned in the verse refers to them because they were described as having committed injustice, and polytheism is indeed a great injustice. (End quote). However, the correct view is that the verse applies generally to the polytheists as well as others among the people of innovation (bid'ah) and sinners, for companionship with them may, in certain circumstances, constitute disbelief (kufr) or sin. ¶
If such companionship is out of necessity or taqiyyah (dissimulation)—which is the coercion that compels one to utter disbelief without acting upon it, and without aggressing against the lives, properties, or honor of the people—then this has already been explained with its known conditions. ¶
As for working with the disbelievers and those who hold their status, such as the apostates and hypocrites, one must look to the prevailing benefit. Whoever they initially command to engage in any of their affairs that are permissible, it is obligatory for him to perform it, not merely permissible, provided that doing so involves obedience to Allah, such as in religious posts or lawful work, and provided he is confident in that. ¶
Page 880To perform the charitable deeds entrusted to him, provided that he does not praise these oppressors, defend their injustices, or justify their errors. ¶
As for the prohibitions regarding entering into leadership positions or working for rulers, this is restricted to situations where one lacks the power to disobey a command if it pertains to matters where obedience is not valid, or where the individual is too weak to perform the permissible duties they were commanded to fulfill(1). However, intermingling with oppressors and approaching them to secure a general or specific public interest, or to avert a general or specific harm—while detesting their injustice, feeling no inclination of the soul toward them, not loving them, and disliking the association with them were it not for the sake of securing that interest or averting that harm—then, even if one assumes that such an action falls under the definition of 'inclination' (rukon) toward them, it is exempted by the Shar'i evidences that establish the legitimacy of securing benefits and averting harms. Actions are judged by intentions, every person shall have what they intended, and nothing is hidden from Allah(2). ¶
In summary, whoever is afflicted with the need to associate with an oppressor must weigh their words, actions, and whatever they accept or reject on the scale of the Shariah, and must prioritize the interest of the Da'wah over their own personal interest in every statement or action they take or leave(3). ¶
Prophet Yusuf (Joseph) as, was a deputy to the Pharaoh of Egypt, even though Pharaoh and his people were polytheists. Despite this, Yusuf performed such justice and good deeds as Allah empowered him to do, and he called them to faith according to his capacity and potential(4). ¶
Regarding the issue of 'the law of those before us' (shar' man qablana) and whether it serves as a law for us, the scholars of Usul have stated... ¶