MUSLIMS SERVING IN AN ARMY OF KUFFAR

By

Afdal al-Jihad

 In the name of Allah, the Merciful, the Extremely Merciful.
 
 "Read!  And your Lord is Most Generous!"
 (Qur'an 96:3)
 

Introduction

Does Islam permit Muslims to serve in an army directed and controlled by the kuffar?

This presentation seeks to answer that question and should be useful to those who understand that the following verses in the Qur’an refer to the scholars and those who recognize the validity of hadith about scholars.

Qur’an, 4:59--Oh you who believe! Obey Allah and obey the Messenger and those among you (Muslims) who possess authority [government officials over government matters, military leaders over military matters and scholars over religious matters]. (And) if you differ in anything amongst yourselves, refer it to Allah (the Qur’an) and His Messenger (the hadith), if you believe in Allah and in the Last Day. That is better and more suitable for final determination.

Qur’an, 4:83--When there comes to them some matter touching (public) safety or fear, they make it known (among the people); if only they had referred it to the Messenger or to those charged with authority among them [officials and scholars], the proper investigators would have understood it from them (directly). Had it not been for the grace and mercy of Allah upon you, you would have followed shaytan, save a few of you.

Qur’an, 9:122--And it is not (proper) for the believers to go out to fight all together. Of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in the religion [from scholars], and that they may warn their people when they return to them, so that they may beware.

Qur’an, 21:7--And We sent not before you but men to whom We revealed. So ask the people (knowledgeable) of the Reminder (Scriptures: the Taurât, the Injeel) if you do not know.

At-Tirmidhi recorded on the authority of Abu Umamah that Allah’s Messenger (S) said: “The superiority of the scholar over the worshipper is like my superiority over the lowest of you in good deeds.”

He and Abu Dawud also recorded on the authority of Abdu d-Darda that Allah’s Messenger (S) said: “The superiority of the scholar over the worshipper is like that of the full moon over the rest of the stars in brightness. The scholars are the heirs of the prophets who left neither gold nor silver coins, only knowledge. He who acquires it, has in fact acquired an abundant fortune.”

The above being said, I shall proceed to present the views of classical Muslim scholars who have achieved their recognition from their predecessors, their peers and successors. According to classical Muslim scholars like Mubarakfuri Muslims living in dar al-kufr have the same obligations as Muslims in an Islamic state. Some of the leadership of AMC and some immigrants who have professional jobs in the U.S. have complained to me about my use of the term dar al-kufr, especially when applying it to the U.S. They say it’s outdated and irrelevant. I use it because it is appropriate and its appropriateness becomes more evident every day. Mubarakfuri states that when the Prophet (S) addressed those Muslims who refused to migrate to the Islamic state from their home territory and said: “What applies to the desert nomad applies to them” or in a narration by Muslim, “The rulings that apply to the believers apply to them,” he was saying that they are required to perform the salah, pay the zakah, pay the penalty of qissas and diyah and the like. (See Tuhfah al-Ahwadhi, 48, Bab Ma Ja’a fi Wasiyah an-Nabi [S] fi l-Qital; Mirqah al-Mafatih, Kitab al-Jihad, Bab al-Kitab ela l-Kuffar wa du’a’ihim Ela l-Islam, al-Fasl al-Awwal). Thus, we Muslims in America don’t have an exemption from the judgments which the shari’ah imposes on us because we live in America, a country under the laws of the kuffar.

I present four reasons why it is haram for Muslims to serve and fight in a military controlled by the kuffar. First, Muslims cannot fight under the banner (direction and control) of kuffar or with them. Second, they must avoid attaching themselves to nation-states. Third, they must avoid supporting kuffar. Finally, Muslims must avoid harming and fighting other Muslims

Muslims Cannot Fight Under the Banner of Kuffar or With Them

A Muslim cannot fight beside anyone under the banner and direction of kuffar, nor fight beside them with them under their own banner and direction and the Muslims under the banner and direction of the Islamic state. As-Sarakhsi wrote that it is not permissible for Muslims to fight under the laws of kuffar. This position is derived from a hadith narrated by ad-Dahhak (R) that the Messenger of Allah, “went out on the Day of Ahad when he came upon a troop of good looking people or he said coarse people. He asked: ‘who are these people?’ They said: ‘Jews so forth and so on.’ He replied: ‘We do not seek the help of the kuffar’” As-Sarakhsi concludes that the Prophet (S) did not seek their help because the troop was full of pride in themselves and would not fight under the banner and directions of the Muslims. Muslim recorded something similar from A’ishah (R). (See al-Mabsut, Kitab as-Siyar, Bab al-Khawarij, Qal Wa Hamala l-Adil Ala l-Baghi; Sharh an-Nawawi, Kitab 21 al-Jihad wa s-Siyar, Bab 49 Kirahah al-Isti’anah fi l-Ghazw).

Although tribal allegiance is still strong in many places in the world today, the dominant contemporary allegiance is to nationalism.

Nationalism, in modern history, [is a] movement in which the nation-state is regarded as paramount for the realization of social, economic, and cultural aspirations of a people. Nationalism is characterized principally by a feeling of community among a people, based on common descent, language, and religion. Before the 18th century, when nationalism emerged as a distinctive movement, states usually were based on religious or dynastic ties; citizens owed loyalty to their church or ruling family. Concerned with clan, tribe, village, or province, people rarely extended their interests nationwide.

("Nationalism," Microsoft (R) Encarta. Copyright (c) 1994 Microsoft Corporation. Copyright (c) 1994 Funk & Wagnall's Corporation). The creation of nation-states is a creation of the kuffar. The Islamic nation is not based on common descent or language. It is based on a common religion, Islam. The Islamic state is based on adherence to a common law, Islamic law, be the adherents Muslim, Christian, Jewish, Hindu, Buddhist, etc. The nation-states were not created to preserve Islam, its supporters fight to preserve their national identities and to satisfy their worldly desires. Fighting for these causes was condemned by the Prophet (S). Abu Hurayrah stated that the Prophet said: “Whoever withdraws from obedience (to the khalifah, imam, amir, sultan) and thereby separates from the community, then dies, he dies the death of pre-Islam. Whoever fights under the banner of blindness in defense of, calling people to or in support of tribal, racial or national partisanship and is killed, it is a pre-Islamic killing. Whoever goes out against my nation, striking its righteous ones and immoral ones alike, without avoiding its believers and not fulfilling their pledge made to others, he is not a part of me nor I of him.” According to an-Nawawi, “in defense of tribal, racial or national partisanship” refers to in defense of the partisanship of his people and his own desires. (See Sharh an-Nawawi, Kitab al-Imarah, Bab 14 Wujub Mulazimah Jama’ah al-Muslimun; al-Majmu’ Sharh al-Muhadhdhab, Kitab Qital Ahl al-Baghi). Abu Muhammad Mahmud bn Ahmad’s explains that a pre-Islamic death is not one in which a Muslim dies as a kafir, but one in which one dies in a state of disobedience. Therefore, a pre-Islamic killing does not mean a killing in a state of kufr. Rather, it means a killing in a state of disobedience. (See Umdah al-Qari, Kitab al-Fitn, Bab 2 Qawl an-Nabi (S): Satarawna Ba’di Umuran).

Muslims Must Avoid Attaching Themselves to Nation-States

If Muslims were advised to avoid loyalty to Muslim nation-states, it goes without saying that the advice extends to nation-states of the kuffar. Given the lack of legitimate government leadership, the Prophet (S) instructed Muslimsto avoid aligning themselves with other bodies. The most significant body after the end of the khilafah is the nation-state, so this prohibition undoubtedly applies to it. Muslims owe no loyalty to these kuffar created nations of people.

Al-Bukhari recorded on the authority of Hudhayfah who said:

People used to ask the Messenger of Allah about good times. I used to ask him about the bad times fearing that they would affect me. I asked: “Oh Messenger of Allah! We were certainly living in a time of ignorance and evil. Then Allah brought us this good period. Is there evil after this good period?” He said: “Yes, in it is smoke.” I asked: “What is its smoke?” He responded: “A people who are following an example other than my example, guiding with other than my guidance. You will recognize them and dislike it.” I asked: “Will there be any evil after that good?” He answered: “Yes, there will be those who invite people to the doors of hell. Whoever answers their invitation, they will toss him into the fire.” I said: “Oh Messenger of Allah, describe them to us.” He said: “They will have the same skin as we and speak our language.” I asked: “What do you order me to do if that period reaches me?” He replied: “Cling to the community of Muslims and their imam.” I asked: “What if there is no community nor imam?” He explained: “Avoid those factions, all of them, even though you may have to fiercely bite the roots of a tree until death reaches you in that state.”

Muslim had a slightly different narration. He recorded that the Prophet (S) responded:

“There will be imams after me who will not guide relying on my guidance, nor follow my sunnah. Men will be among them whose hearts will be the hearts of devils in the bodies of human beings.” I asked: “What should I do oh Messenger of Allah, if I reach that time?” He answered: “Listen to and obey the amir, even if he strikes your back and takes what belongs to you. Listen and obey.”

(See Sahih al-Bukhari, Kitab al-Fitan, Bab Kayafa l-Amr; Sahih Muslim, Kitab al-Imarah, Bab 13 Wujub Mulazimah Jama’ah).

Some of the expressions in this hadith definitely require a commentary. Ibn Hajar explains that the word “jama’ah” in the phrase, “How is the command when there is no jama’ah,” found in the chapter heading of al-Bukhari’s collection, means “what is a Muslim to do who finds himself in a situation when there is no consensus on a khalifah.” That is definitely the situation Muslims find themselves in today. We can’t even agree that there should be a khalifah. In a narration on the authority of Khalid bn Subay’ recorded by at-Tabarani, the Prophet (S) answered: “If you see a khalifah, cling to him even if he strikes your back. If there is no khalifah, then flee.” Ibn Majah recorded that the Prophet’s (S) last statement was, “Then if you die while you are biting on a stump of a tree, that is better for you than following one of them.” Al-Baydawi states that this expression means, “If there is no khalifah on earth, then you are obligated to be detached and endure the harshness of the time.” “Fiercely biting the roots of a tree” is allegorical for “suffering through and enduring difficulties.” This is similar to someone biting on a stone to cope with pain. At-Tabari concludes that when the Prophet (S) said: “cling to the jama’ah,” he meant that, “the best thing to do was to cling to the jama’ah in obeying the one whom they agreed on as an amir. Then whoever violates his bay’ah has left the jama’ah.” He added that the hadith indicates that when people do not have an imam (khalifah, amir, sultan), people separate into parties (groups of people resembling each other in desires and actions). You shouldn’t follow any of the factions and avoid all of them if you are able. You do that out of fear of evil occurring. (See Fath al-Bari, Kitab al-Fitan, Bab Kayfa l-Amru Idha Lam Takun Jama’ah).

This describes the times Muslims are in today. Muslims collectively throughout the world are suffering through continuous humiliation and difficulties. Some scholars have interpreted the Prophet’s (S) statement about factions to refer to organizations, especially those engaged in bid’ah. However, when the Islamic state ceased to have only one khalifah, it divided into different territories. Each territory claimed a khalifah, imam, amir or sultan. Also, when the khilafah ceased in the twentieth century, it was replaced by nation-states. Each with its own head of state. Moreover, the largest and most prominent factions among the Muslims today are the nation-states. Loyalty to them should be avoided as much as possible, especially when it involves disobedience to Allah (T) and His Messenger (S).

These nation-states of Muslims do not fight to preserve Islam, they fight to preserve their national identities and to satisfy their worldly desires. This way of thinking and behavior was condemned by the Prophet (S). Abu Hurayrah stated that the Prophet said:

Whoever withdraws from obedience (to the khalifah) and thereby separates from the community, then dies, he dies the death of pre-Islam. Whoever fights under the banner of blindness in defense of, calling people to or in support of tribal, racial or national partisanship and is killed, it is a pre-Islamic killing. Whoever goes out against my nation, striking its righteous ones and immoral ones alike, without avoiding its believers and not fulfilling their pledge made to others, he is not a part of me nor I of him.

According to an-Nawawi, “in defense of tribal, racial or national partisanship” refers to in defense of the partisanship of his people and his own desires. (See Sharh an-Nawawi, Kitab al-Imarah, Bab 14 Wujub Mulazimah Jama’ah al-Muslimun). Islam condemns this behavior.

Muslims Must Avoid Supporting Kuffar

Muslims are instructed not only to avoid being under the authority of kuffar, but also to avoid supporting them. In his tafsir of the Qur’an, Ibn Katheer writes that the Prophet (S) said: “Do not live among polytheists and do not join them. Whoever lives among them and joins them, he is like them.” It was recorded by Abu Da’ud and at-Tirmidhi from Samurah ibn Jundub with a good chain of narrators (Tafseer al-Qur’an al-‘Atheem, 2:330; ‘Awn al-Ma’bud, 3:48-49; and Tuhfah al-Ahwadhi, 5:230).

In his commentary, Muhammad Ashraf writes:

“The polytheist” is in reference to Allah. Non-believers is meant. The text contains the word polytheist because they were more prevalent at that time. The meaning of “whoever joins with the polytheist” is “whoever agrees with him, aids him, and walks with him” . . . Some of them read this sentence as “whoever comes with the polytheist.” It means “whoever comes with him as a helper and supporter.” “And lives with him” means “in the houses of the non-believer.” “He is like him” means “he is like them in some aspects because of the acceptance of an enemy of Allah and his friendship necessitates turning from Allah. Whoever turns from Him, the devil becomes his confidant and leads him to disbelief.”

(See ‘Awn al-Ma’bud, 3:48). Concerning this hadeeth, az-Zamakhshari, one of the leaders in knowledge of the deen, Qur’an interpretation, the Arabic language, and literature, writes:

This is a matter of common sense. The friendship of a close confidant and the friendship of an enemy are two nullifying relationships. This matter involves an intertwining and clinging of the heart on the side of the enemies of Allah and being distant from them, being on guard against mixing with them, and socializing with them. (Allah, the Exalted, has said in 3:38): “The believers should not take non-believers as close friends in place of believers.” A believer is more deserving of the close friendship of a believer. When he takes a non-believer as a close friend, that pulls him to an invitation to weakness of his faith. Therefore Islamic law prohibits him from mixing with this massive thickness as a means of cutting off the expansiveness of corruption. (Allah, the Exalted, has said in 3:149): “Oh you who believe! If you obey (follow) those who disbelieve, they will turn you on your h. Then you will turn back as losers.” It does not prevent having ties of mercy for non-believers, nor mixing with them in secular matters—without dwelling (among them)—concerning what occurs in common activities. Examples are buying and selling and the taking of a gift in order to assist Muslims in their practice of the religion. It does not harm them to go out and fight any non-believer who makes war against them (‘Awn al-Ma’bud, 3:48-49).

Allah, the Exalted, has directly warned Muslims living among the kuffar about taking kuffar as awliya’ (guardians, supporters and confidants)—even one’s parents and relatives. Allah, the Exalted, states in the Qur’an 9:23: “Oh you who believe! Do not take your fathers (mothers) and brothers (sisters) as awliya’ lest you prefer disbelief over belief. Whoever takes them as awliya’ is one of them. These are wrong-doers.” Al-Qurtubi explains that it is apparent that this verse is addressed to all the believers in order to cut off wilayah between believers and non-believers. However, a group relates that it was directed towards the Muslims outside of the Islamic state of Madinah to urge them to migrate and reject the land governed by kufr. He adds that Allah, the Exalted, specifically mentioned fathers and brothers because there are no bounds between people closer than those. In another verse Allah, the Exalted, does mention people in general. He says in the Qur’an 5:51: “Oh you who believe! Do not take the Jew and the Christian as awliya’.” This explains that closeness is derived from religious ties, not physical ties. Allah, the Exalted, continues in that verse: “Whoever takes them as awliya’ is one of them. These are wrong-doers.” Al-Qurtubi quotes Ibn Abbas as saying, “they are polytheists like them because whoever is pleased with polytheism is a polytheist.” (See Ahkam al-Qur’an, Chapter 9:23).

Muslims Must Avoid Harming and Fighting Other Muslims

Muslims under the control and direction of a kuffar military are also violating the tenets of Islam when they fight other Muslims. An-Nawawi expounds that when the Prophet (S) said: “he does not surrender him,” he is instructing Muslims not to abandon another Muslim to someone who would harm him or to what may harm him. On the contrary, he should aide him and defend him. This is more specific than foregoing oppression. In general this instruction is wajib (required). In different situations it may be mandub (recommended). This requirement is derived from what al-Bukhari recorded on the authority of Abdullah bn Umar (R) who said that the Messenger of Allah (S) informed him: “The Muslim is a brother of a Muslim. He does not mistreat him, nor surrender him. Whoever is needed by his brother, Allah is in need of him. . . .” At-Tabarani added from another chain of narrators that the Prophet (S) said: “He does not abandon him to a misfortune that has befallen him.” (See Fath al-Bari, Kitab al-Mathalim, Bab La Yathlimu l-Muslim al-Muslim wa La Yuslimuh).

Abu Muhammad Mahmud bn Ahmad further expounds on this hadith. He quotes Ibn at-Teen as saying that, “not mistreating a Muslim is fard (obligatory) and not surrendering him is mustahabb (preferred).” Ad-Dawudi states that surrendering a Muslim is the same as mistreating him. Not surrendering him is wajib if an enemy comes to him unexpectedly.

Al-Bukhari also recorded on the authority of Ibn Umar that a man came to him and asked,

Oh Abu Abdurrahman. Do you not listen to what Allah mentions in His Book, “If two groups of believers fight to the end of the verse” (49-9) “What prevents you from fighting as Allah has mentioned in His Book? He responded: Oh son of my brother. I am condemned by this verse, but I will not fight. It is more preferable to me than to be condemned by the verse in which Allah says, ‘Whoever kills a believer intentionally, to the end of the verse’” (4:93). He said, “Allah certainly says, fight them until fitnah ceases to exist.“ Ibn Umar replied: “We did so during the time of the Messenger of Allah when al-Islam was scarce. When a man used to cause fitnah in his deen, they either killed him or punished him until al-Islam was abundant. Then fitnah ceased."

(See Fath al-Bari, Kitab Tafsir al-Qur’an, Bab Wa Qatiluhum hatta la takuna fitnah: 8:183-4, 310).


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