Chapter 100

What is the Shariah ruling regarding Muslims’ association with other states in these alliances? ¶

First: What are military alliances? . . . . . . . . . . . . . . . . . 1625 They are agreements between two or more states to participate in combat and the like against a common enemy... etc. ¶

Second: What is the ruling on the association of Muslims with other states in military alliances? . . . . . . . . . . . . . . . . . . . . . . . . . . . 1626 - Sheikh Taqi al-Din al-Nabhani stated that these alliances are invalid according to Shariah, citing the Hadith: (Do not seek light from the fire of the polytheists). - I am of the opinion that deducing the Shariah ruling on this issue depends on two points: ¶

First point: Is there an authentic Shariah text that clearly indicates the absolute prohibition of Muslims entering into a military alliance with non-Islamic states? . . . 1627 - The Hadith (Do not seek light...) is a metaphor prohibiting: . . . . . . . . . . 1627 - Residing in Dar al-Kufr (abode of disbelief), seeking illumination (aid) from the disbelievers, seeking protection from the army of the disbelievers, or seeking to enter into a military alliance to gain protection from enemies. - It is noted that the text (Do not seek light...) focuses on a situation where Muslims are the weaker side seeking light—that is, protection. Therefore, it does not apply to the case where disbelievers seek light from Muslims when Muslims are the stronger side. - Disbelievers seeking light from Muslims, meaning they enter into an alliance with Muslims to seek their protection, and the Muslims extend their protection over them—this was approved by the Prophet (peace be upon him) when the tribe of (Khuza'a) joined his side during the Treaty of Hudaybiyyah. - Regarding the authenticity of the Hadith (Do not seek light...): It appears to be weak (ghayr sahih) in terms of its chain of narration (isnad) due to the obscurity (jahala) of one of its narrators. ¶

Second point: What is the general Shariah principle under which military alliances with non-Muslims fall? ¶

1981 ¶

This is the rule of 'There should be no harm and no reciprocation of harm.' There is no doubt that a military alliance with major powers—as evidenced by the reality of the modern era—inevitably leads to harm afflicting the Muslims; therefore, it is ruled as prohibited (haram) and void (batil). ¶

Second Issue: A military alliance that justifies war against Islamic territories—is it permissible for Muslims to enter into it? - It is known as a necessity of the religion that Muslims fighting against their brothers is prohibited, and such an alliance is among the major sins (kaba'ir). - 'Whoever bears arms against us is not of us.' (Agreed upon) ¶

Third Issue: An alliance that restricts the legitimacy of war to non-Islamic territories—is it permissible to enter into it? It is permissible under certain conditions... and the fatwa of Al-Haythami regarding the legitimacy of Muslims fighting alongside disbelievers against other disbelievers. ¶

Second Discussion: Leasing military bases and airports, selling weapons, strategic materials, and providing other forms of aid. ¶

First Point: What is meant by military bases and strategic materials? First: Military bases refer to important land or coastal locations established by major powers within the borders of other states. Second: Strategic materials refer to all services involved in executing military operations that assist in winning a war. ¶

Second Point: Are there specific Shariah texts addressing the issues raised in this research? There are several texts: A - The Prophet's (PBUH) prohibition on selling weapons to the people of war (ahl al-harb)... but it is not established (authentic). B - The Prophet's (PBUH) prohibition on selling weapons during civil strife (fitna)... but this is also not established. ¶

C - A text from which the permissibility of selling weapons to the people of war (ahl al-harb) in exchange for items of higher value is inferred (the hadith of Dhu al-Jawshan, regarding his offering a horse to the Prophet ﷺ, and the Prophet ﷺ offering 'al-Mukhtara' from the armor of Badr in exchange)... however, the hadith is not authentic (sahih)... 1642 D - The hadith of Khabbab ibn al-Aratt: I was a blacksmith in Makkah, and I made a sword for al-'As ibn Wa'il... 1643 E - What is mentioned in the story of Ka'b ibn al-Ashraf, and the companions saying to him: 'We will all pledge to you'—meaning weapons. - The Prophet ﷺ pledged his armor to a Jew... 1644 Third point: What is the general Shariah principle under which the issues raised in this research fall? What are the views of the schools of jurisprudence (madhahib) regarding this? And what is the opinion we prefer in this regard?... 1646 First: The general Shariah principle is: 'There shall be no harm nor reciprocating harm' (la darar wa la dirar)—therefore, whatever leads to harm—whether actions or objects—is forbidden in Shariah, even if those actions or objects are permissible in principle... 1646 Second: The views of the schools of jurisprudence: 1647 The schools of jurisprudence unanimously agree on the prohibition of selling to disbelievers anything that strengthens them in fighting against Muslims. (We state from the schools of jurisprudence...) Third: My view on this issue: 1651 - There is no specific, authentic text prohibiting dealing with other countries through any of the legitimate Shariah contracts regarding items, services, or aid—that are permissible in principle. - However, these matters are governed by the principle of 'harm' (darar)—whatever leads to harm is forbidden, and whatever does not lead to harm has no sin in it. - Excerpts from 'Al-Siyar al-Kabir' and its commentary demonstrate the permissibility of providing weapons and military aid to the people of war in specific situations if it achieves a benefit for the Muslims. ¶

Third Section: Wars between Islamic countries . . . . . . . . . . 1655 ¶

First Subsection: The Shariah qualification (takyif) of wars between Islamic countries . . . . . . . 1657 - This is fighting of fitna (sedition/strife). (See the definition of qital al-fitna and its conditions.) - The recent conflict in the Gulf and the contradictions in the decisions of Islamic bodies regarding it confirms that many of the disputes between Muslims are of the nature of 'fitna', and an explanation for the cause of that contradiction. ¶

Second Subsection: The position of non-combatant Muslims regarding these wars . . . . . . . . . . 1661 - The position of striving for reconciliation ('And if two parties among the believers fall into a fight, then make peace between them...' [Al-Hujurat: 9]) . . . . . . 1661 - Imam al-Qurtubi details—to some extent—how to proceed in performing the duty of reconciliation between the conflicting parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1662 - With the existence of the Islamic Caliphate, it is the authority that holds the power of decision in judging the disputes that may arise between the Islamic countries subject to it . . . . . . . . . . 1662 - Shariah Arbitration (Tahkim) in Islam: Each party sending an arbitrator of its own choosing, whom they accept—and pledging to accept the issued decisions—is the avenue that should be resorted to in resolving disputes in light of the following: a- Defining the powers of the two arbitrators in issuing the necessary rulings to solve the problems causing the dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664 b- Making the sources of Islamic legislation the sole reference for issuing solutions and rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664 c- Taking a pledge from each party in the dispute, and from all leaders of Islamic countries, to accept the solutions and legitimate decisions agreed upon by the two arbitrators to end the current conflict... and that departing from those solutions and decisions results in sin under Shariah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664 d- If the solutions and decisions are issued and everyone agrees to them, the matter is settled, and Allah spared the believers from fighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1664 ¶

h- Any party that rejects the resolutions and decisions issued is considered a rebel, and it is religiously (shar'an) obligatory upon the Islamic forces in other regions to intervene to resolve the conflict by force. 1664 w- It shall be within the authority of the two arbiters (hakamayn) to determine the method of mobilizing armed forces in the Islamic regions to resolve an existing conflict. 1664 - The binding nature of arbitration under Shariah is based on the consensus of the Companions in resorting to arbitration (during the era of the Fitna between Ali and Mu'awiyah, may Allah be pleased with them all). Third Section: The position of those compelled to fight in wars occurring between Islamic regions (Ibn Taymiyyah’s fatwa on fighting during the Fitna): 1667 - Initiating combat during a Fitna is not permissible. - If one is compelled to attend, one must not fight, even if the Muslims kill him. 1668 (In 'Al-Siyar al-Kabir' and its commentary, there is a position similar to what Ibn Taymiyyah stated.) 1669 - If a fighter is present on the battlefield in a Fitna war under compulsion, what should he do? 1669 - Answer: Abstain from any action that results in the killing of Muslims—either by refraining from fighting altogether or by directing combat activities in directions that do not strike anyone whom it is forbidden to kill. 1669 - What if a compelled fighter meets his Muslim brother from the other side face-to-face, and the other is about to kill him? 1669 - It is permissible for him to surrender to being killed, in which case he is one of the martyrs of the Hereafter because he was killed unjustly. 1669 - It is also permissible for him to defend himself; if he is killed, he is also one of the martyrs of the Hereafter because he was killed unjustly. If he kills the other Muslim, he is excused because his fighting was in self-defense, which was legitimate (Ibn Taymiyyah’s words on this matter). 1669 - If those compelled to fight in a Fitna go out to the battlefield and then are given the opportunity to surrender and be taken prisoner by the other side, in order to avoid the necessity of fighting Muslims, this surrender becomes mandatory for them, because in this situation, it is the only way to avoid committing a forbidden act, and it is a resort to the lesser of two evils. 1669 ¶

Section Four: Combat organizations in the Islamic world. What is the Shariah ruling on their activities? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1671 First Inquiry: What are the most important theoretical foundations upon which these organizations rely in taking up arms, and what is the position of Shariah ijtihad regarding them? . . . . . . . . . . . . . . . . . . . . . . . 1673 First Issue: What are the most important foundations relied upon by combat organizations in taking up arms to achieve their objectives? The most important are as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1673 1 - Liberating Islamic lands from the occupation of colonialist disbelievers, such as the (Algerian National Liberation Front) and the Palestinian (Fatah organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1673 2 - Seeking to secede parts of Islamic lands belonging to independent states in the Islamic world, in order to establish new separate mini-states in Muslim lands, such as the (Polisario Front) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1674 3 - Assassinating personalities whom the organization or association judges to be guilty of treason against the religion or the homeland - in order to protect Islam or the country - as they claim - from the danger of those personalities, such as the Iranian (Fada'iyan-e Islam) association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1675 4 - Working to overthrow the regimes of existing states in the Islamic world and establishing an Islamic state upon their ruins, such as (Al-Jihad Group) in Egypt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1675 Second Issue: What is the position of Shariah ijtihad regarding these foundations? That is, in terms of the legitimacy of taking up arms based upon them, or the lack thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1677 First: Taking up arms on the basis of fighting the enemy that has usurped Islamic lands is among the jihad that is obligatory upon all Muslims: - Remarks of Dr. Fathi Al-Darini at the International Quds Day at the Iranian Cultural Consulate in Damascus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1677 - Remarks of one of the leaders of the Palestinian organizations at the previous occasion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1677 - Remarks of the Iranian cultural advisor in Damascus at the previous occasion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1678 Second: Taking up arms on the basis of seeking to establish states separate from the bodies of existing independent states in the Islamic world is an illegitimate act. (See the research on fighting for the unity of Islamic lands) . . . . . . . . . . . . . . . . 1679 ¶

Third: Taking up arms on the basis of conducting political assassinations and liquidating individuals whom those operating on this basis deem to be traitors and criminals against religion and the country. This is an unlawful act. (See: Discussion on fighting to defend public sanctities: and discussion on fighting against the deviation of the ruler: and discussion on fighting to establish the Islamic state). . . 1680 ¶

Fourth: Taking up arms on the basis of overthrowing the existing regimes in the countries of the Islamic world in order to establish the Islamic state. (See: Discussion on fighting to establish the Islamic state). . . 1681 ¶

Summary: - If the factors for success in establishing an Islamic state are available—such as public opinion favoring the idea, favorable local and international conditions, and prepared force—then the action is legitimate. This is because, in this case, the state exists in the womb of the Ummah; if it is not born through natural, peaceful means, then the surgical method using weapons is inevitable to save the Ummah and its newborn! - The 'Pledge of War' (Bay'at al-Harb) with the Ansar during the Second Aqaba is evidence of this legitimacy. - However, when any necessary factors for the success of establishing the state are missing—based on probable judgment—then the inability to establish it is a Shariah-based excuse for delaying attempts aimed at this goal. Engaging in adventures in this field, which result in many tragedies and sufferings, is a grave error; the adventurers bear its burden according to the extent of their negligence in calculation and estimation. ¶

Second Section: The various sources of financial, military, and political support upon which organizations rely, and the position of Shariah jurisprudence regarding them. . . 1683 ¶

First Issue: What are the sources from which support of various types comes to the organizations? A - In the field of financial support: - From the organization's members themselves, monthly subscriptions. 1687 ¶

Permanent (what has been stated in this regard in the book 'Mudhakirat al-Da'wah wal-Da'iyah' by Sheikh Hassan al-Banna) - From outside the organization, from individuals, and official institutions in Islamic countries (what was stated in 'Mudhakirat al-Da'wah' in this regard) - And what Talal Khalidi mentioned regarding the massive financial support received by the Palestine Liberation Organization (PLO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1683 B - Military Support: Support from within the Islamic world, such as the support from Algeria and Libya for the Polisario Front, and support from outside the Islamic world, such as the support from Russia, Cuba, and Vietnam for the Polisario as well . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1684 C - Political Support: - Support from some Arab countries for certain factions in the Palestinian resistance - And support from outside the Islamic world, as in the backing of Cuba, Vietnam, and the Soviet Union for the Polisario Front in the Western Sahara . . . . . . . . . . . . . . . 1685 Second Issue: Combat organizations and the like receiving support from various entities - What is the position of Shariah-based Ijtihad regarding this? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686 First: Political support, in its various forms - this is a matter for the entities that provide it, and it is perfectly acceptable for legitimate organizations to benefit from it, even if the entity providing the support is non-Muslim or from outside the Islamic world . . . . . . . . . . . . . . . 1687 - However, it is not permissible to concede on legitimate, non-negotiable issues in order to obtain support or to reciprocate the favor to those who provided it. - The favor is to be reciprocated through legitimate means (such as the Prophet's (PBUH) prohibition of killing certain polytheists at Badr) due to their previous favorable stances toward the Da'wah . . . . . . . . . . . . . . . . . . 1687 Second: Financial and Military Support A - Support in the form of a gift or aid without a quid pro quo (public or private) - it is permissible to accept it, even from disbelievers, even if they are from outside the lands of the Muslims . . . . . . . . . . . . . . . 1687 1988 ¶

(The Prophet's (PBUH) acceptance of gifts from the kings of disbelief, and his borrowing of weapons from Safwan bin Umayya before his conversion to Islam.) - If the acceptance of this support is likely to damage one's reputation, arouse suspicion, or cause harm to the organization and its legitimate work, then one should refrain from accepting it. B- Support aimed at achieving specific goals, whether publicly conditioned or implicitly understood: - If the purpose is to dominate the organization or group, impose guardianship over it, and divert it from its objectives, then it is not permissible to accept this support, regardless of whether the supporting entity is from within or outside the Islamic world. - If the purpose is to carry out specific legitimate acts, it is permissible to accept it. Section Three: Types of combat organizations based on their operational theaters. Subsection One: Border activities against enemies. - This constitutes Jihad in the path of Allah, because this Jihad includes the defense of life, wealth, honor, and land against the disbelievers who attempt to assault these sanctities, provided the intention is sincere. - Jurists have addressed this type of defense in the chapter of Jihad in 'Islamic Fiqh'. - The Companions said during their defense of Medina at the Battle of the Trench: 'We are those who have pledged allegiance to Muhammad for Jihad, as long as we remain alive.' - A reference to the opinion of Dr. Muhammad Saeed Ramadan al-Buti that fighting in defense of self, wealth, honor, or land is not Jihad in the technical Shariah sense; rather, it falls under the category of 'Siyal' (repelling an aggressor)! (See the research on 'Fighting to defend private sanctities' or 'Fighting against Siyal'). Subsection Two: Fedayeen activities against enemies, within occupied territories or in the enemy's land—this is also considered legitimate Jihad. - This is in accordance with what is stated in 'Al-Minhaj' and its commentary, regarding defensive Jihad—that it should be carried out by any means possible, even if by throwing stones. ¶

Section Three: Combat activities within Muslim lands against the state or some of its factions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1694 First Issue: The bearing of arms by organizations against the state in which they reside . . . . 1694 Among the states existing in the Islamic world: - If it is with the intention of pressuring the state to rectify deviations and eliminate symbols of corruption, it is a permissible act, because Islam has prescribed methods other than this to rectify conditions (See: Research on 'Fighting in defense of public sanctities' and Research on 'Fighting against the deviation of the ruler') - And if it is with the intention of overthrowing the regime and establishing an Islamic state, it is a permissible act subject to the previously mentioned conditions (See: Research on 'Fighting for the establishment of an Islamic state') Second Issue: Bearing arms against certain groups living within the state . . . . 1695 - The most prominent manifestation of this is the fighting that sometimes occurs between Muslims and the Dhimmi (non-Muslim citizens) (See: Research on 'Fighting the Dhimmi') Fourth Demand: Fighting between organizations and the position of Shariah jurisprudence (Ijtihad) regarding it . . . . . 1697 - If the cause of the fighting is merely the desire of an organization, or a wing thereof, to dominate others, then this fighting is forbidden in Shariah, because it is an unjust bearing of the sword against Muslims ('He who bears arms against us is not one of us' - Agreed upon) - And if the cause is to repel corrupt elements of some organizations from their transgressions against the people and their violation of sanctities, then it is permissible fighting to defend those sanctities, even if it is not considered Jihad in the technical Shariah terminology ('Support your brother whether he is an oppressor or oppressed') - Ibn Taymiyyah clarifies the Shariah ruling on fighting the Muslim aggressor (Sa'il) who transgresses against Muslims Fifth Demand: The position of Muslims regarding internal fighting between organizations . . . . . . 1701 - Muslims, including official and non-official leaders, must stand with the oppressed ¶

Against the oppressor - If there is an oppressor and an oppressed, there is no doubt about that. And that they should strive to find a path of reconciliation between the conflicting parties when a dispute arises among them regarding contested rights... and the like. - If these good-faith efforts do not succeed, recourse should be made to exerting pressure on the parties to the conflict to compel them to resort to arbitration and to accept the solutions issued thereby... in light of what has preceded in the previous discussion. ¶

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1703 First: Summary of the most important findings . . . . . . . . . . . . . . . . . . 1703 Second: Concluding remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1709 - Sources and References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1719 - Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1755 ¶

1991 ¶

About the Author: - Muhammad Khayr Haykal was born in Damascus in 1941. - He received his secondary Sharia certificate from Damascus in 1961. - He obtained a Licentiate degree in Sharia from the Faculty of Sharia at the University of Damascus in 1965. - He earned a diploma in Education from the Faculty of Education at the University of Damascus in 1966. - He received a Master’s degree in Siyasah Shar’iyyah (Islamic Political Thought) from the Faculty of Sharia and Law at Al-Azhar University, Cairo, in 1968. - He also earned a diploma in Tafsir and Quranic Sciences from the Faculty of Usul al-Din at Al-Azhar University in 1969. - He served as the Imam and Khateeb of Jami’ al-Rifa’i in Al-Midan, Damascus, for several years after his father. - He worked as a teacher of religious and Arabic sciences in Damascus and later in Riyadh, Saudi Arabia, between 1967 and 1984. - In 1984, the Faculty of Sharia at the University of Damascus invited him to teach Tafsir and Quranic Sciences. - He obtained a PhD in Islamic Studies for his thesis, 'Al-Jihad wal-Qital fi al-Siyasa al-Shar'iyya' (Jihad and Combat in Islamic Political Thought), from the Imam al-Awza'i Faculty in Beirut in 1992. - In 1993, the Omdurman Islamic University (Damascus branch) invited him to teach Tafsir in the Faculty of Usul al-Din, and Fiqh al-Kitab wal-Sunnah and Comparative Family Jurisprudence in the postgraduate department. - Currently (as of 1993), he is teaching Fiqh and the Principles of Tafsir at the Abu al-Nur Islamic Complex in Damascus for students enrolled in the qualifying course for Imams, Khateebs, and religious teachers. ¶