1) Allying With The Kuffar Against Other Kuffar Is Impermissible
Hawashi al-Sharwani al-Khatib ash-Shirbini said: “Point of Notice: What is apparent from their (the scholars) words is that this is not allowed, even if necessity calls for that…” Mughni al-Muhtaj
Shaykh Abdu’l-Latif bin Abdu’r-Rahman bin Hasan al-ash-Shaykh said: “As for the matter of seeking their help, it is a matter of dispute.
And the correct way is upon what the people who researched the matter say that it is not allowed at all. And their proof is the Hadith of Aishah (radiyallahu anha) and it is agreed upon. And the one who says it is permissible, took proof from the mursal of az-Zuhri, and you know what is regarding mursals, when it contradicts with Qur’an or Sunnah.
Then even its holder (the opinion of permitting), made a condition that there be a goodness and benefit for the Muslims, and this matter, in it is their destruction and demolition.
And made a condition that the pagans have no power or state from which it is feared, and this nullifies his saying in this matter and likewise made a condition that there be no place for them in consulting and opinion which is against what is here…
And this is regarding the fighting of a Mushrik against a Mushrik with the people of Islam.” (ar-Rasail wa’l-Masail Najdiyya, 3/67)…
Also the Shaykh has said on this matter, “The doubt with which the ones who said with its permissibility of seeking help held unto, was what some of the jurists mentioned from seeking help from a Mushrik in the times of necessity and it is a rejected weak saying which is based upon mursal narrations which the Qur’anic text refutes, and the clear sound Ahadith.
And then the saying –with its weakness- is made conditioned by some conditions upon which the explainers of hadiths mentioned and Shawkani narrated a part of it in al-Muntaqa: feeling secure from harm and corruption and there be no power or influence for them and they are entered in to opinion and consultation and also made it in the case of seeking help from a Mushrik upon a Mushrik…”
2) Allying With The Kuffar Against Other Kuffar Is Impermissible But Allowed Due To Necessity
Imam Ibn Muflih stated in Furu`” (vol. 6, pp. 205), “Al-Hafizh (Ibn Hajar Al-‘Asqalani), said: “It is (disliked or haraam (iam not sure which one his words indicate)) to seek the help of the kuffar, unless it is necessary while a group of scholars said, unless there is a need to do so. Al-Hafizh (also) holds that this is permissible if the kuffar hold a good opinion about the Muslims. He added in Al-Muharir, “When his (the muslim rulers) power depends on the enemy (the kuffar enemy helping his Muslim army against other kuffar enemies).”.”
Hawashi al-Sharwani al-Khatib ash-Shirbini said: “…It was clearly stated in ‘at-Tamammah’ (by al-Mutawalli al-Shafi’i) the permissibility of seeking (the kuffars) help, when there is a necessity.” Mughni al-Muhtaj
Siddiq Bin Hasan said: “And they (the mushrikin) are not taken help from in it (jihad against other kuffar), meaning jihad against (other) mushrikin except for necessity.
Due to the saying of Rasulullah (sallallaahu alayhi wa sallam) for the one who wanted to make Jihaad with him: “Return! I will never seek help from a Mushrik!” (and after bringing other narrations of the Rasulullah (sallallaahu alayhi wa sallam) seeking help from the Jews on the day of Khaybar and the Hadith: “You shall make peace with the Romans and you both would fight an enemy who would come after you!”, then he said)
A group went –from the scholars- towards the impermissibility of taking help from the Mushrikin and others went to its permissibility.
Rasulullah (sallallaahu alayhi wa sallam) took help from the Munafiqs on the day of Uhud and Abdullah bin Ubayy returned with his group.
And likewise he took help from them in the day of Hunayn.
And it is proven in the seerah that verily a person named Qazman went with Rasulullah (sallallaahu alayhi wa sallam) on the day of Uhud while he was a Mushrik (until he said) and Khuzaah came out against Quraysh with Rasulullah (sallallaahu alayhi wa sallam) in the year of conquest while they were Mushrikin.
So the reconcilement between the narrations are that taking help from the Mushrikin is not allowed except for a necessity and not when there is no necessity.” (Rawdhat al-Nadiyyah, 2/335)
Ar-Ramli among the Shafii Ulama said: “The Imam or second in command may ask help from the Kuffar even if they are Ahlu’l-Harb (people otherwise at war with Muslims) if he knows they have a good opinion of us under the condition that we need them to serve or fight because we are few.” (Nihayat al-Mahtaj 8/58; Takmila al-Majmua, 19/28)
Al-Majd ibn Taymiyyah said in his book, “Al-Muharar fi Al-Fiqh” (vol. 2, p. 171): “It is not permissible to seek the help of the Mushriks unless it is necessary. If the Muslim army will increase in strength by joining the Mushrik army and they will both form a powerful front against the enemy, and they [the Mushriks] hold good opinions about Islam, it will be permissible; otherwise it is not.”
Al-Muwaffaq stated in Al-Muqni` (vol. 1, p. 492): “It is not permissible to seek the help of the Mushriks except when necessary.”
3) Allying With The Kuffar Is Impermissible But Allowed Due To Necessity & The Muslims Being Stronger Than Their Kuffar Allies
Muhammad bin al-Hasan said: “It is acceptable for Muslims to ask help from the disbelievers against the disbelievers if the rule of Islam has the upper hand.” (Sharh Kitab as-Sir Faqara, 201)
In the same manner al-Jassas said: “Our peers said: It is acceptable to seek help in fighting from disbelievers against disbelievers that when the coalition becomes dominant, the rule of Islam is uppermost.” (Ahkam al-Qur’an)
Ibn al-Qasim said: “It is not my opinion that they may seek their assistance in fighting alongside with them unless they occupy servant roles, then I see no problem with this.” (al-Maduna, 2/40)
Imam Malik said: “It is not my opinion that they may seek help from disbelievers against disbelievers unless they occupy servant roles.” (Qurtubi, 8/100)
Ibn Abdu’l-Barr narrated from Imam Malik (rahimahullaah) that he said: “I do not see (the permissibility) of seeking help from the Mushrikin upon fighting the Mushrikin except that they be servants or as boat crew.” (al-Tamhid, 12/35)
Ibn Abdu’l-Barr said: “…Malik said: And I do not see that help be sought from Mushriks except they be servants or boat crew.” (Tamhid, 12/35)
4) Allying With The Kuffar Against Other Kuffar Is Permissible
Shawkaani said: “What shows the permissibility of seeking assistance from Mushrikin during Jihaad is that Qazmaan went out with the companions of Rasulullah (sallallaahu alayhi wa sallam) on the Day of Uhud and he was a Mushrik. He killed three people from Bani Abdu’d-Daar who were the flag bearers of the Mushrikin, to the extent that Rasulullah (sallallaahu alayhi wa sallam) said: “Indeed Allah can aid the Din even with a sinful man” as is verified with some of the people of sirah, and Khuzaa’ah went along with Rasulullah (sallallaahu alayhi wa sallam) against the Quraysh in the year of the conquest.” (Nayl ul-Awtaar, 7/224-225)
Shawkani said: “Consequently, because of the contradictory hadiths the scholars differ as to how to reconcile them. The seeking of help from the disbelievers was forbidden but later abrogated. Hafidh in al-Talkhis said this is the best reconciliation, and ash-Shafii agrees.” (Nayl ul-Awtaar, 8/44)
Imam Ibn Qayyim stated in his presentation of the benefits of the Treaty of Hudaybiyah that: “It showed that seeking help from a trusted Mushrik during Jihaad is permissible whenever there is a need.” (Zaadu’l-Ma’aad, 2/127)
Imam Al-Hafiz Ibn Hajar Al-‘Asqalani, said in his book, “Al-Talkhis”, after quoting the two main hadith related to the permissibility and impermissibility of seeking help from the Mushriks;
“It is possible to reconcile between the Hadith of `Aishah (about the prophet rejecting a Mushriks help at the Battle of Badr) and the report concerning Safwan ibn Umayyah (helping the Muslims before his conversion to Islam in the Battle of Hunayn), and the hadith Mursal (a hadith with no Companion of the Prophet in the chain of narration) reported by Al-Zuhry through the following ways:
First, which was transmitted by Al-Bayhaqy from Al-Shafi`y, (what follows is the opinion of Imam Shafi’y related by Imam Al-Hafiz Ibn Hajar Al-‘Asqalani, on how to reconcile between the hadith of `Aishah and the hadith concerning Safwan ibn Umayyah as they seem to contradict each other. In the first hadith the prophet rejects a mushriks help and in the second hadith he accepts a mushriks help).
The Prophet felt that the man would embrace Islam so he sent him back hoping that he would accept Islam and he was correct. However, this view is questionable, bearing in mind that the wording of the hadith indicates generality, because of using the indefinite form in the context of negation.
Second, it might mean that the matter should be referred to the Imam (ruler); however, this view is also questionable.
Third, it might also mean that seeking the help of Mushriks was initially prohibited but this prohibition was later lifted by a Rukhsah (concession);
this opinion is more likely to be correct, and it was adopted by Al-Shafi`y.”
(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.
Posted by Abdul Kareem Ibn Ozzie