1) Allying With The Kuffar Against Muslim Rebels Is Haraam
Abdu’l-Latif bin Abdu’r-Rahman bin Hasan said: “The ones who allowed to use kafirs against Muslim rebels are those who went out of (what’s) normal and due to their misusing qiyas and using what is allowed in necessity and leaving the constraints.” (Majmuatu’l Rasail wa’l-Masail an-Najdiyya, 3/68)
al-Mawardi said: ”As for seeking help from the people of ahad and Dhimmah, in fighting the people of rebellion, then it is not allowed in any condition…” (al-Hawi al-Kabair, 13/129-130)
2) Allying With The Kuffar Against Muslim Rebels Is Halaal If It Is A Necessity
Ibn Abi’l-Abbas ar-Ramli said: “And a Kafir is not to be sought help from against them, even if he is a Dhimmi because it is forbidden to give him authority over a Muslim…Yes, it is allowed to seek help from them, when there is a necessity.” (Nihayat al-Muhtaj)
It is recorded in Asna’l-Matalib by Abu Yahya Zakariyya al-Ansari: “And seeking help against them from a Kafir is Haraam, even if he is a Dhimmi, as it is not allowed to give authority to him over us…Yes, it is allowed to seek their help when it is a necessity…
Suyuti ar-Rahibani said: “And seeking help against them (Muslim rebels) from a Kafir is forbidden, because it is giving authority to him over the blood of the Muslims…Except for necessity, such as the inability of the people of truth against them.” (Matalib Ulin-Nuha)
Ibn Muflih said: “And they do not seek help from a Kafir in their war because he is not sought help from in fighting against the Kuffar. So for him to not be sought help from in fighting a Muslim is more befitting and because the point is to repel them and not kill them, and he does not intend, (except) killing them. Then if it is needed and he is able to repel them from performing that which is not zallowed, seeking help from them is allowed, otherwise no.” (al-Mubdi)
al-Bahuti said: “And it is forbidden to seek help against them from a Kafir because it is giving him authority over the blood of the Muslims….Except if due to necessity, such as the inability of the people of truth against them.” (Sharh Muntahal-Iradat)
al-Bahuti said: “And it is forbidden for the people of justice to seek help from a Kafir in their war, in other words, their fighting of the rebels, because he is not sought help from in fighting the Kuffar. So for him to not be sought help from in fighting a Muslim is more befitting. And because the point is to repel them, not kill them, while he does not intend anything except for killing them. ‘Or’, in other words, it is forbidden to seek help in their war from he who takes the opinion of killing them when they flee, due to what is in that from giving authority to him over he who it is not allowed to kill. Except for necessity, such as if the people of justice are unable to fight them, due to their small numbers. Then it is allowed for the need, due to their actions if it is not done.” (Kashaf al-Qina)
3) Allying With The Kuffar Against Muslim Rebels Is Halaal If It Is A Necessity & The Muslims Are More Powerful Than There Kuffar Allies
Ibn Nujaym al-Misri said: “And from them is that it is not allowed for us to seek help from the people of Shirk against the people of rebellion if the ruling of the Shirk is dominant. And there is no harm for the people of justice to seek help from the bughat and the dhimmis against the Khawarij, if the ruling of the people of justice is dominant.” (al-Bahr ar-Ra’iq)
Imam Nawawi in his book Rawdhat at-Talibin stated the following: “The fifth: It is not allowed to seek help against them from the Kuffar because it is not allowed to give a Kafir authority over a Muslim…unless he is in need of seeking their help; then it is allowed with two conditions. One of them is that they have bravery and good performance and the second is that he is able to repel them if they (i.e., the Kuffar) pursue the people of rebellion (i.e., the Muslim rebels) after their defeat. And it is a must for the two conditions to be
together for the permissibility for seeking help. This was stated by Ibn as-Sabbagh and ar-Ruyani and others from the agreement of the companions. And the phrasing of Baghawi necessitates its permissibility with one of them.”
4) Allying With The Kuffar Against Muslim Rebels Is Permissible
Shaykh Bin Baz said, “…Seeking the help of unbelievers to ward off the evil of other unbelievers, aggressive Muslims, or Muslims expected to wage impending aggression is permissible.
It is authentically reported that the Prophet (peace be upon him) fought using shields he borrowed from Safwan Ibn Umayyah – who was unbeliever at the time – while fighting Thaqif in the Battle of Hunayn.
All the people of Khuza`ah, Muslims and unbelievers, were fighting with the Prophet (peace be upon him) while he (peace be upon him) was fighting against the unbelievers of Quraysh at the day of the Conquest of Makkah. It is authentically reported that the Prophet (peace be upon him) said: “You will make a peace-treaty with the Byzantines and together you will invade another enemy. You will be victorious and take much booty.”
This indicates the permissibility of seeking their help in fighting enemies beyond us. What is meant is that it is permissible to defend Muslims and their countries by Muslim or non-Muslim forces.
It is permissible to use their weapons or armies to help Muslims ward off aggression and protect their countries against the evils and intrigues of their enemies.
Allah (Glorified and Exalted be He) says in His Glorious Book: “O you who believe! Take your precautions.”
Thus, Allah (Exalted be He) orders us to take our precautions against our enemies.
Allah (Glorified and Exalted be He) says: “And make ready against them all you can of power.”
The same ruling applies to whosoever commits aggression against us, even if he was a Muslim or is associated with Islam. If Muslims fear aggression being committed against them, they can also seek the help of anyone whom they can seek their help to protect their countries and the sanctity of Muslims against the aggression or oppression of unbelievers or any aggressor.
Muslims are obliged to support one another and cooperate in righteousness and piety against their enemies.
Yet, if they are still in need of additional help against their enemies or against whosoever – among those belonging to Islam – forms intrigues against them and commits aggression against them, then it is permissible for them to seek the help of whosoever stretches his hand to help and ward off aggression and protect Muslim countries…” Ref: Fataawa Bin Baz, volume 6
(My words Abdul Kareem Ibn Ozzie) Few Words On The Article
In each of the above categories more detail could be added and also more scholars names could be added to each category.
However this article was not meant for an in depth study of the issue presenting all sides of the argument plus all the counter arguments for each point. The aim of this article was to clarify that this issue has a lot of differing regarding it.
So a person shouldn’t condem contemporary salafi scholars or Muslim rulers for any ruling/decisions they make in this matter as long as their views fall within one of the categories mentioned above in the article earlier. As each view has classical scholars backing it and evidences for it.
The word rebels was used here instead of khawarij because the khawarij are worst in evil than simple rebels.
(Difference between the khawarij and rebels) Rebels take up weappns against the Muslims due to wordly reasons and understand their actions are haraam, whereas the Khawarij take up arms against the Muslims people due to thinking they are Islamicly justified and their actions are halaal.
So the rebels are more likely to stop their harm quicker whereas the Khawarij will take longer to stop and still if they do stop (or are stoped) they maybe just waiting for a moment of weakness from the Muslim people to regroup and strike again, because they deem their actions as halaal.
Therefore the scholars had no need to mention the Khawarij the reason for this is obviously if the rebels can be fought against then so can the Khawarij, as they are worst than the rebels.
But if the scholars mentioned the Khawarij, it may not mean that rebels could be fought against as they are less harmful than the Khawarij.
Posted by Abdul Kareem Ibn Ozzie