1) Imam Nawawi in his book Rawdhat at-Talibin stated the following: “…It is not allowed to seek help against them (Muslim rebels) from the Kuffar because it is not allowed to give a Kafir authority over a Muslim…
Unless he (the Muslim ruler) is in need of seeking their help; then it is allowed with two conditions.
One of them is that they (the kuffar) have bravery and good performance and the second is that he (the Muslim ruler) is able to repel them (the kuffar) if they 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.
(The next point of Imam Al-Nawawi is scholarly opinion number 2 in the overall article, view of Imam Al-Baghawi on this matter)
And the phrasing of Baghawi necessitates its permissibility with one of them (i.e. (my words – Abdul Kareem Ibn Ozzie) Imaam Al Baghawi holds it is allowed to seek kuffar help against Muslim rebels if their is a need.
But along with the necessity to use the kuffar against Muslim rebels one of the two conditions mentioned previously in this article by Imam Al-Nawawi must be fulfilled, before it is permissible to use the kuffar against Muslim rebels in Imam Al-Baghawis view.
The conditions are the kuffar have to be brave and good in battle or the Muslims have to have the ability to stop their kuffar allies from pursuing the fleeing Muslim rebels, (if the rebels flee and if the kuffar pursue them.)).”
3) Ibn Qudamah said: “And he does not seek help from a Kafir in fighting them (Muslim rebels) in any condition*, nor from he who is of the opinion of fighting them when they flee (a. And this was what ash-Shafi’i stated.
And the people of opinion stated that there is no problem in seeking help against them from the people of Dhimmah and those who were given security and another type from them, if the people of justice are dominant over those who they are seeking help from.
And we take that the point is to repel them and return obedience and not killing them.
And if the need calls for seeking help from them (the kuffaar), then if he is able to repel them (the Muslim rebels), then he seeks help from them. But if he is not able, it is not allowed.”
Ibn Qudamah also said: “And he does not seek help from a Kafir in fighting them (Muslim rebels), nor from he who permits killing them (i.e. other Muslims who’s sole objective is to kill the Muslim rebels instead of the correct objective of repelling their harm), because the point is to repel them, not to kill them, whereas the objective of those ones (i.e., the Kuffar) is to kill them.
Then if the need calls for seeking help from them (the kuffaar) and he is able to prevent them from committing what is not permitted, seeking their help is permitted. Otherwise it is not.” (al-Kafi)
4) Ibn Hazm said: “Are the people of harb, the people of Dhimmah, or other people of rebellion sought help from against the people of rebellion?
Abu Muhammad (Ibn Hazm) said: The people differed regarding (wether using kuffar (dhimmies (those who live under muslim rule) or harbis (those kuffar at war with the Muslims) against Muslim rebels is halaal or haraam) this.
A group stated that it is not allowed to seek help against them from the harbi, nor a dhimmi nor from someone who permits fighting them when they (the Muslim rebels) flee. And this was the opinion of ash-Shafi’i (rahimahullaah).
And the companions of Abu Hanifah said, there is no problem in seeking help against them from the people of harb, the people of dhimmah and from the likes of them from the people of rebellion.’
And we mentioned in the ‘Book of Jihaad’, the statement of Rasulullah (sallallaahu alayhi wa sallam): ‘Verily, we do not seek help from a Mushrik.’ And this is a general (text), which prevents the seeking of help from them in authority, fighting or anything else, except (in) that which the consensus has been confirmed concerning the permissibility of seeking their help in, like taking care of the animals, employment, or fulfilling a need, and other than that, from that which they do not come out from lowliness. And the (word) ‘Mushrik’ is used for a Dhimmi and a harbi…
(Also) This is according to us (i.e., that it is not allowed), as long as the people of justice have ability to defend.
But if they are at the brink of annihilation, and are in necessity, and they have no stratagem, then there is no problem for them to seek refuge with the people of harb and to use the people of Dhimmah in defense (against Muslim rebels), as long as they are certain that they are in their support; they do not harm a Muslim nor a Dhimmi in blood, wealth or a sanctity from what is not permitted.” Ref: al-Muhalla
5) The next point is a brief summarisation of the four madhabs views on this issue.
Shaykh Dr Isaam As-Sinaanee said, “The Malikis, Shafis and the Hanbalis held the veiw that it is haram to seek help from the disbelievers to fight (muslim) insurgents, that is because the intention of the muslim ruler (should be) to repel the insurgents, whereas the intention of the disbelievers is none other but to kill the (muslim) rebels.
But if there is a necessity to seek their help to fight the (Muslim) rebels is permissible with the condition that (the Muslim ruler) is able to suspend seeking their help with regards to fighting the rebels (i.e. the Muslim ruler must be able to put an end to the treaty of allegiance between himself and his kuffar allies regarding fighting the Muslim rebels) .
The Hanifis held it permissible to seek their help (in fighting Muslim rebels) even if there was no necessity, with the condition that, the ruling of the people of justice (i.e. ahlus sunnah or the Muslims in general) has to be uppermost because the people of justice fight to give honour to the deen (of Islam).
(next point Shaykh Dr Isaam As-Sinaanee view)
Seeking their (the disbelievers) help in fighting (Muslim) rebels is the same as using any other tools of fighting.”
Ref: Haqeeqatul walaa wal baraa fee kitab wa sunnah baynal tahreef alghaleen wal taweel aljahileen page 145.The book has been read and introduced by Shaykh Saalih Bin Fawzaan al-Fawzaan via salafibayaan.com
(My words – Abdul Kareem Ibn Ozzie) Quick Clarification:
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