I_rr 'a
SugAl K(jar!
Mh THS>/ai @yq
AlJawfS'
ALQatn
•jujJH
BSANA'A
almukallA
*ATA
3 Al HabtUyn
WJTfeAR
Jpli&in^ J^wcrb
Against the one Who Forms Allegiances
With the Disbelievers and Takes
Them as Supporters Instead of Allah,
His Messenger and the Believers”
By the Eminent Scholar
‘Abd Allah ibn Abd al-Bari al-Ahdal
(Died in the year 1,271 H.)
Forewarded by Shaykh Anwar Al-Awlaki
At~Tibvj<Mi Publications
2
3
&
jUS3l ^Iji
"The Slicing Sword
Against the one Who
Forms Allegiances With the Disbelievers
and Takes Them as Supporters Instead of Allah,
His Messenger and the Believers"
ji.Jij
QJljuj ^j^£jJaJll271QjjSXLdi
By the Eminent Scholar
'Abd Allah ibn 'Abd al-BarT al-Ahdal
(Died in the year 1271 H.)
At-Tibyan Publications
Muharram, 1430 H.
Table of Contents
Table of Contents.6
Shaykh Anwar al-Awlaki's Foreword.8
Translator's Foreword.9
Author's Introduction.11
THE FIRST QUESTION:.13
[Muslims Emigrating to the Lands, Which Were Seized by the Enemy, in Order to Build up its Economy
While it Remains in their Control].13
THE SECOND QUESTION:.20
[The Muslim Who Claims to be From the Community of the Christians and Identifies Himself with
Their Flags etc.].20
THE THIRD QUESTION:.23
[The Ruling Upon the Muslim Who Attributes Justice to the Christians and Approves of Their Authority
and Scoffs at the Muslim Authority and their Leadership].23
THE FOURTH QUESTION:.28
[The Ruling Upon the Muslim Who Ships Goods and Supplies to the Christian Lands and the Ruling
Upon Another Muslim Who Kills Him for Doing That].28
THE FIFTH QUESTION:.30
[The Ruling Upon the Muslims Who Remain Inside the Country, Which was Seized and Occupied by
Foreign Invaders, and Subsequently Fall Under Their Rule].30
THE SIXTH QUESTION:.33
[The Rulings Upon Those Who Emigrate to The Muslim Lands vs. Those Who Emigrate to the Lands of
the Disbelievers and the Effect Upon the Wealth of Both Types of Emigration].33
THE SEVENTH QUESTION:.35
[The Funeral Prayer of the One Who Claims to be from the Community of the Christians vs. the
Funeral Prayer for the One Who Claims to Belong to the Community of the Muslim Kingdom].35
THE EIGHTH QUESTION:.36
[The Ruling Upon the One Who Turns Away From the Ruling of Islam in Favour of the Ruling of the
Christian Laws].36
42
Bibliography.
Also Available From At-Tibyan Publications
6
47
Shaykh Anwar al-Awlaki's Foreword
This book "The Slicing Sword" represents the answers given by Shaykh Abd Allah Abd al Bari al Ahdal to
questions on the topic of Hijra (migration for the sake of Allah) and al-wala and al-bara (loyality to Allah
and disavowal of the enemies of Allah.) The importance of this book lies in the fact that the situation
that the Shaykh was faced with is similar to our circumstances today which gives relevance to his
answers. Aden was occupied by the British in 1837 and the author died around 1854. So his time was
one in which the power of the Ottoman Khilafah was waning while the Western powers were on the
rise. Therefore, this was a time when there were some Muslims who were replacing their pride in being
Muslim and being subjects of Muslim rule with being subjects of Western occupiers and sailing under
Western flags.
The author belongs to the Ahdal family who are descendants of al Imam al Hussain bin Ali and are a
family steeped in Islamic scholarship. They are from the Shafi'i school and live on the Western coast of
Yemen on the Red Sea. The same land of the companion of the Prophet Abu Musa al Ashari.
I have studied this book under two scholars from the family of al Ahdal and I would encourage my
brother and sisters to benefit from it.
8
Translator's Foreword
Verily, all praise is due to Allah and may His Blessings and Peace be upon our Prophet Muhammad and
upon his family and his companions until the Last Day.
To proceed:
We present to the English reader this short series of Fatawa from Imam 'Abd Allah ibn 'Abd al-Bari al-
Ahdal (d. 1271 H.), may Allah be merciful to him. The Imam belonged to one of the most prestigious
scholarly families of Yemen in his time. And his descendants, may Allah reward and preserve them,
remain upon his legacy of knowledge and Da'wah until today.
The particular Fatawa in this treatise, known as "As-Sayf al-Battar" (i.e. "The Slicing Sword") specifically
relates to the various rulings regarding the seizure and takeover of Muslim lands by an invading and
occupying force, the rulings upon the Muslims therein and the state itself, the guidance of the Shari'ah
and the Islamic response to occupied Muslim lands, and a strong condemnation of any allegiance or
cooperation with that disbelieving, invading/occupying force. For obvious reasons this seemed
particularly relevant to our period of time and the reader will likely see many parallels between the
issues asked about by the questioner, and those answers offered by Al-lmam al-Ahdal, may Allah be
merciful to him.
The manuscript we used as the basis of our translation contained a few typographical and reference
errors, which we attempted to correct within the text itself. In addition to these minor corrections, we
also offered further detailed book references, explanations and definitions, HadTth origins with
authenticity, as well as historical citations. We've done so in footnote form because the author's
references were contained within the main text of the manuscript we used. Therefore, there was no
need to differentiate our footnotes from those of the author, because this particular manuscript did not
contain any of the author's references in footnote form. The final chapter of this essay contains our
bibliography, with added publication and edition details to those book references we added.
As with all of our translation projects, At-Tibyan Publications has attempted to adhere as closely as
possible to the literal meaning of the original Arabic texts, rather than paraphrasing or summarizing
their meaning in English. And we have chosen to add explanatory phrases within parentheses, along
with explanatory footnotes, in order to clarify the meanings of certain ambiguous passages, while still
remaining comprehensible to the English reader. The structure of the author's introduction is somewhat
grandiose, due to his very colourful, commanding and descriptive style of writing. This style resulted in a
slightly awkward English translation of his introduction, as we attempted to remain as accurate and
literal to his text. And there are a few passages within the body of the essay where this style resurfaces.
However, for the most part, the author defaults to a rather simpler, linear style of writing in the actual Q
& A portion of the treatise, which brings more fluidity to the English translation of those sections.
We have relied upon the "Interpretation of the Meanings of the Noble Qur'an" by Dr. Muhammad al-
HilalT and Dr. Muhammad Muhsin Khan as the source of our Qur'anic translation. But all other HadTths,
narrations, and scholarly quotations are our original translations.
9
Certain common Islamic phrases were left in Arabic and defined and transliterated bellow for reference:
Ta'ala
'Azza wa Jail
Subhanahu
'Azza min Qa'il
Sal Allahu 'alayhtwa Sallam
'AlayhiSalam
radhi Allahu 'anhu
radhi Allahu 'anhuma
the Most High (i.e. Allah)
the Most Powerful, the Most Exalted (i.e. Allah)
Glory be to Him (i.e. Allah)
the Most Powerful of those who Speak (i.e. Allah)
may Allah send Blessings and Peaceupon him
may the Peace (of Allah) be upon him
may Allah be pleased with him
may Allah be pleased with them both
We would like to offer our most sincere gratitude to Shaykh Anwar al-Awlaki, may Allah preserve him,
for his assistance in correcting and offering suggestions for our research and footnote commentary.
We ask Allah, Jjrj to accept this small effort of ours, and to give those Mujahidin fighting in His path a
clear and manifest victory, wherever they are fighting those disbelieving and occupying forces in Muslim
lands.
And may His Blessings and Peace be upon our Noble Prophet Muhammad and upon his family and his
companions and upon all those who follow their way, until the Last Day.
At-Tibyan Publications
10
Author's Introduction
O Fattah, 1
Praise be to Allah, the One who glorified the religion of Islam and protected it with the white swords and
the dark spears and strengthened its pillars with the white Shari'ah; its night is like its day; 2 enlightened
the edges of its paths with the light of its pulpits, humiliated polytheism and ruined it, severed the nose
of transgression and declared it to be ignorant, annihilated the transgressing and conceited Taghut, 3
destroyed the pillars of its structures and the fabrications, demolished the matter of its false, broken-
down vanities;
til LjjJl
4 And the life of this world is only a deceiving enjoyment .)> (AI-HadTd, 20)
I praise Him, as He rescued us from misguidance, and made us from the followers of His Prophet; the
abrogater of the Legislations of the (past) Messengers who preceded him in the previous eras. O Allah,
send Blessings and Peace upon this Great Prophet and Noble Messenger; the one whose religion You
made dominant over all of the (other) religions. And it is the Soundest Religion, which is the Religion of
Al-Malik (The King), Ad-Dayyan (The Recompenser). 4 * * * * * * li And (likewise send blessings) upon his family and
his companions; those whom gave the enemies the taste of the cups of death.
1 From the verse:
l ja j U_j L_j Ji
4Say: "Our Lord will assemble us all together (on the Day of Resurrection), then He will judge between us with
truth. And He is AI-Fattah (The Judge, the Opener), AI-'Alim(the All-Knowing), "f (Saba', 26)
deferring to the Hadith of Al-'lrbadh ibn Sariyah, in which the Prophet, U* in J -p, said, "/ have left you upon
the whiteness; its night is like its day, no one strays from it after me except for one who is perished." - Narrated by
Ibn Majah in his "Sunan", Vol. 1/16 (#43) and Ahmad in his "Musnad", Vol. 28/367 (#17,141), and declared "SahTh"
by AI-AlbanT in "SahTh Ibn Majah", (#41), "SahTh al-Jami' as-SaghTr", (#4,369) and "Silsilat al-AhadTth as-SahThah",
(#937)
3 Taghut:Generally, anything worshiped besides Allah, jw, be it through an act of veneration, devotion, absolute
servitude or by referring disputes for judgements etc.
4 From the HadTth of 'Abd Allah ibn Unays, who reported that the Prophet, U* 4ii J-p, said: "Allah, Jur, will raise
the creation up, naked, uncircumcised and having nothing with them. He will then call them in a voice that those
who are far, will hear just as those who are near will hear: I am al-Malik (the King), I am ad-Dayyan (the
Recompenser)." - Narrated by Ibn AbT 'Asim in "Kitab as-Sunnah", (#514) and this is his phrasing. It was also
narrated by AI-BukharT in "Khalq Af'al al-'lbad", Pg. 18 and 92, Ahmad in his "Musnad", Vol. 25/431-432 (#16,042),
and others. It was declared "SahTh" by Ibn Hajar AI-HaytamTal-MakkT in "Az-Zawajir 'An Iqtiraf al-Kaba'ir", Vol.
2/243, and by AI-AlbanT in "Kitab as-Sunnah", (#514).
li
O Allah, grant victory to the Muslims and allow them to attain what is correct.
Fight the Enemies of Allah; Verily Paradise is Beneath the Shade of Swords 5
And since the time (they first) unsheathed the whiteness of the swords of victory, they did not conceal
them until guidance was established. And (likewise send blessings) upon those who followed them in
goodness until the end of time. As for what follows...
Numerous noble and great topics were mentioned to us from a questioner whose heart was filled with
love for the religion and who was firmly established in its adoration. And these questions became a
great disaster, which some of the unwholesome groups of the Ummah (i.e. Islamic Nation) - those
which are near to the groups of disbelief - fell into. They divided their religion, which all goodness is
befitting to come from. Therefore, it is a duty to answer these questions, purely from the Sunnah and
the Book and to offer pure advice with the true religion, which is the sound judgement in speech and
decision.
deferring to the Hadith of 'Abd Allah ibn AbT Awfa, in which the Prophet, |JL.j U* J-e, said, "Do not wish to meet
with the enemy, rather ask Allah for pardoning. But if you do meet them, then be patient, and know that Paradise is
beneath the shade of swords." - "Sahih al-Bukhari", (#2,818), (#2,965), and (#3,024) & "Sahih Muslim", (#1,742)
12
THE FIRST QUESTION:
[Muslims Emigrating to the Lands, Which Were Seized by the Enemy, in Order to Build up its
Economy While it Remains in their Control]
The questioner, may Allah preserve him and guard him, said: "What is your opinion, may Allah be
pleased with you, regarding a country from the countries of the Muslims, which was conquered by
Christian 6 * combatants, or others besides them? What do you say about those from amongst the
Muslims who move there and take up residence therein and become satisfied with its laws, which
contradict the Shari'ah - in other words, the Shari'ah of Islam - while they love those countries, due to
what they acquire through bringing supplies to it and they erect buildings therein, like they did in their
(former)countries? So what do you say about them doing that and regarding their faith, O group of
knowledgeable scholars?
The Answer to the First Question:
The Answer: This question includes numerous rulings. The first of them is the ruling of the country from
the lands of Islam, which have been conquered by the disbelievers. And the great researcher, Ibn Hajar
Verified in "At-Tuhfah" 8 and elsewhere, that it (i.e. that country) remains upon the ruling of Dar Islam,
even if it is Dar Harb 9 in appearance, as it (remains) Dar Islam in the rulings, due to his, (►i-j <5>i
statement: 'Islam dominates and is not dominated .' 10 And due to His, statement:
* * i \
^Verily , the earth belongs to Allah. He gives it as a heritage to whomever He w///s.*(AI-A'raf, 128)
6 ln his review of this translation, Shaykh Anwar al-Awlaki, may Allah preserve him, explained: "The Yemeni people
used to refer to all the European people as 'Nasara' (i.e. Christians). Until this day many villagers still refer to them
that way. This is important to note because the Shaykh is not referring to missionaries here but is referring to the
Western colonial powers whether they were Christian, Jewish, or Secularists."
deferring to Shihab ad-DTn Ahmad ibn Muhammad ibn 'AIT ibn Hajar al-Haytarm al-MakkT (d. 974 H.)
deferring to the book by Ibn Hajar AI-HaytamT Al-MakkT entitled "Tuhfat al-Muhtaj bi-Sharh al-Minhaj". For this
discussion within that book, look to Vol. 9/268-270.
9 The term "Dar Islam", or "Dar al-lslam", refers to the Islamic State whereas the term "Dar Kufr", or "Dar Harb",
refers to the lands of disbelief which do not have any type of covenant with the Islamic State.
10 This HadTth was narrated by Ad-DaraqutnT in his "Sunan", AI-ESayhaqT, Ar-RuyanT in his "Musnad", and Adh-Dhiya'
al-MaqdisT in "AI-AhadTth al-Mukhtarah", all from 'A'ith ibn 'Amr al-MuzanT. It was also narrated by At-TabaranT in
"Al-Mu'jam as-SaghTr", and AI-BayhaqT in "Dala'il an-Nubuwwah", both from 'Umar ibn al-Khattab. A third
narration was narrated by Nahshal in "TarTkh Wasit" from Mu'ath ibn Jabal. All of these narrations are weak and
defective, and are not strong enough to strengthen each other. There is a "Mawquf" narration from Ibn 'Abbas
that is authentic to him, narrated by At-TahawT. All of these narrations have slight differences in wording or length
of narration. [Look to "Irwa' al-GhalTI", Vol. 5/106, for a detailed discussion.]
13
And if it is Dar Islam, then it is obligatory and a duty upon the people of Islam to rescue it from the
hands of the disbelievers by fightingthem, besieging them and putting pressure upon them, by all means
possible.
The second (ruling): The ruling of the one who moves to this existing country, which the people of
Thimmah 11 have overtaken. So he is in disobedience, a Fasiq (wicked sinner) who is committing a major
sin from the major sins, (even) if he is dissatisfied with the disbelief and its rulings. But if he is satisfied
with them, then he is a disbelieving apostate, upon whom the rulings of the apostates are to be
implemented. And it must be considered that what caused this Muslim to move away from Dar al-lslam,
which is free from disbelievers, to the land which the disbelievers have seized - while openly displaying
their disbelief therein and subjugated those in it with their Taghut-oriented, disbelieving laws - was
nothing more than (their) deviation and love of this worldly life, which is the head of every sin.And
also(love for) collecting its vanities, without paying any heed to the preservation of the religion along
with an absence of anysense of honourconcerning the humiliation of the people of TawhTd along with
love for being near the enemies of Allah instead of being near His allies. And we seek refuge in Allah, >-•
And Allah says:
is'js j}\ jm jJtij yif
^Then after the remembrance sit not you in the company of those people who are the
Thalimin(oppressors). f(M-/kn'am, 68)
And He says:
\ jj ‘p£$\ aJs- ^ 'M'f'
4Then sit not with them, until they engage in a talk other than that; (but if you stayed with them)
certainly in that case you would be like t/iem.«(An-Nisa', 140)
So contemplate, His, Jsrj jf-, statement: ‘...certainly in that case you would be like them.' And this is the
ruling of the one who originally resided near them. So what do you think about the ruling of the one
who made the effort of moving near to them? So how could his misguidance, and the corruption of his
religion, be doubted? And refuge is with Allah, Ibn Hajar said in his"AI-Fatawa HadTthiyyah" at his, J-e>
Up in, statement: 7 disavow myself from every Muslim who resides amongst the polytheists.'
They said, 'Why, O Messenger of Allah?' He said, ‘The two fires should not see one another.' - 'The
HadTth was narrated by Abu Dawud, At-Tirmithi, and An-Nasa'i, and before them by Abu Bakr ibn AbT
Shaybah, 12 with chains to Qays ibn Hazim, the great Tabi'T 13 . So from them are those who narrated it as
Mursal 14 . And from them are those who narrated it as Musnad. 15
n Thimmah: the state of non-Muslim inhabitants within Dar al-lslam, who pay the tax in order to remain within
that land.
12 "Sunan AbT Dawud", Vol. 2/52 (#2,645), "Jami' at-TirmithT", Vol. 4/155, and "As-Sunan al-Kubra", by An-Nasa'T,
Vol. 4/229 (#6,982)
14
Al-Bukhari said, 'And the Mursal is more correct.' 16 And the meaning of the HadTth is that it is necessary
upon the Muslim to take his residence far from the domains of the polytheists, in other words, the
Harbis. 17 And he must not reside in an area where, if a fire were set there, it would glow and the fire,
which they set in their home, would be seen. Because whenever the two fires can be seen, then he is
considered from them. And it has been established that migration is obligatory from Dar al-Harb, (as
long as) its conditions (are present). And the attributing of the fires seeing one another is metaphorical
coming from their (i.e. the Arabs) expression, 'My home looks at the home of so-and-so,' in other words,
is across from it." 18
And Ibn Hajar, may Allah benefit us through him, was asked, about his,,*JUj Up 4ii j-e, statement: 7
disavow myself from every Muslim who resides amongst the polytheists.' They said, "Why?' He said,
'Their two fires should not see one another.'So he answered with his statement: 'This is the rationale for
the mentioning of the sight (between the two fires) but the expression of the rationale was omitted.
And the connecting point between the cause and the effect is that by him residing amongst them, there
is an increase in their numbers.And likewise, if they were targeted by a raiding army, the sight of the
Muslim's fires alongside their fires might (inadvertently) prevent them (i.e. the Muslim army). Because
when the armies would meet, the Arabs would know its size by seeing the fires, as it took place when
they sent (people) to see his, Up iit army at Marr ath-Thahran, 19 when he headed towards
Makkah to conquer it. Since there is this great danger in the Muslims residing amongst the polytheists,
which is the prevention of the Muslims from attacking them, or not instilling terror within them,
disavowal was established towards the ones living amongst them, due to their being a cause for not
waging Jihad against them." - End quote. 20
Thirdly, the ruling upon bringing wealth to this land, reviving it, and erecting buildings within it. So is this
anything other than clear misguidance, great corruption and being satisfied with the deeds of the
polytheists? (This is) because, what is obligatory, approved of, and relied upon in the Shar'a (i.e. law) -
with the likes of these seized lands - is resistance by the people of the land (i.e. the Muslims) towards
the disbelievers. And (likewise) upon those who are within the distance of shortening (of the prayer)
from it (i.e. that land). And whoever is further than that (i.e. shorting distance), then it is upon him to
unite with the people of that area, with whatever amount suffices, if its people are insufficient (in
13 Tabi'T: The companion of a companion of the Messenger of Allah, Up in J~p. Some said he only needs to have
seen him, while others stipulate he must have accompanied him and narrated from him. [Look to "Al-Ba'ith al-
HathTth Sharh Ikhtisar 'Ulum al-HadTth", Pg. 186.]
14 Mursal: That which a Tabi'T narrates from the Messenger of Allah, Up in without mentioning the
companion whom he heard it from. Some said it is not limited to the Tabi'Tn, and others said it is only the major
Tabi'Tn; not the minor ones. [Look to "Al-Ba'ith al-HathTth Sharh Ikhtisar 'Ulum al-HadTth", Pg. 45-47.]
15 Musnad: Al-Hakim said, "It is that of which the chain is connected up to the Messenger of Allah, ,»U_) Up in
[Look to "Al-Ba'ith al-HathTth Sharh Ikhtisar 'Ulum al-HadTth", Pg. 42.]
16 This ruling from AI-BukharT can be found in "Al-Badr al-Munir", Vol. 9/163, "Al-'llal al-Kabir", Vol. Pg. 264, and
elsewhere.
17 HarbTs: Citizens of Dar al-Harb (i.e. those who are not in a state of treaty with Dar al-lslam)
18 Look to "Al-Fatawa al-Hadithiyyah" Pg. 205.
19 Marr ath-Thahran: A well-known valley which is sixteen miles outside of Makkah in the direction of AI-MadTnah.
Today it is known as the "Valley of Fatimah".
20 Look to "Al-Fatawa al-Hadithiyyah" Pg. 204.
15
number). And whoever is less than the distance of shortening, this one takes the ruling of the person of
that land. - (From) the phrasing of "Al-Minhaj", with its explanation: "At-Tuhfah":
"The second from the (two possible) situations of the disbelievers, is that they enter a land of ours, (so)it
is a great calamity. Then it is upon its people to defend (themselves and their land) using whatever is
possible from anything they have the ability to use. So if it is possible to prepare for fighting, then
whatever is possible becomes obligatory; even upon the poor one, the child, the slave, the indebted
one, and a woman who has strength. But if it is not possible to fight (collectively), then whoever from us
who is targeted must defend himself with whatever he is able to. And whoever (resides in) less than the
distance of shortening, from within the land - even if he is not from the people of Jihad - he is like its
people (i.e. the people of that land), in this specific obligation of fighting. And whoever (resides) at the
aforementioned distance, or beyond it, and whoever is further than them acting in defence of them and
rescuing them; if they find provisions, weapons or riding beasts, then it is upon them to unite with the
amount (of support) which suffices, if its people are insufficient (in number)." - End quote. 21
So if what is obligatory regarding the Muslims is to resist the aforementioned disbelievers and to rescue
those who are in it (i.e. that land) from the Muslims, and remove them (i.e. the invading occupiers) from
there by waging war, besieging and applying severe pressure - as Allah ordered in His Book with His, ^
jjs, statement:
JT
4Then kill the Mushrik?n(polytheists) wherever you find them, and capture them and besiege them,
and prepare for them each and every ambusb.^At-Tawbah, 5)- the verse...
And this (verse) is regarding the disbelievers in their own land, so what is the ruling of those who seized
our land, crushed the essence of our (Muslim) community, and permitted our sanctities, except for that
(i.e. killing, capturing, besieging them and ambushing them)? Rather, they are even more deserving,
more obligatory, and more befitting for that. So whoever makes the journey, draws together the ships
and the cargo to this state and carries provisions andfabrics and replenishes its markets with stock and
its roads with comings-and-goings, and erects buildings within it, and builds structures therein, then he
has contradicted the SharT'ah of Muhammad and thrown away the divine covenants and has become
satisfied with the rulings of Jahiliyyah (pre-lslamic ignorance).
^ j jJJij ij& j i pjL oijU-Lh Ojij dlh jt?
4Do they seek other than the religion of Allah, while to Him submitted all creatures in the heavens and
the earth, willingly or unwillingly. And to Him shall they all be returned. «(AI-'lmran, 83)
This, plus the outward appearancefrom the text of the Qur'an, which are the definitive evidences, is the
absence of faith for the one who forms allegiances with the disbelievers and allies himself to them in his
matters instead of the Muslims; those who are supporters of the religion.And he is the one who is
21 "Tuhfat al-Muhtaj bi-Sharh al-Minhaj", Vol. 9/235-236. The quote is not verbatim, as it is condensed from nearly
two pages.
16
accountable for that - he who left Dar al-lslam, which was free from the disbelievers and traveled to a
state, which wasconquered by disbelief and its leaders. He, said:
j^As-bt ' jj\S" jJj <dj **ijj iUl S\4- jjs dji\j» f^b tl> J~?ji »b>ij lie
4You will not find any people who believe in Allah and the Last Day, making friendship with those who
oppose Allah and His Messenger, even though they were their /others... «(AI-Mujadilah, 22)—
theverse...
And He, said:
r Jj ° Jj * s s s , 0 s s *0 s * , ^ , s 9
> ■ ■ '-h j*Jb (^! s-Qji ^jJS’j iJ 1 ^jsi
«0 you who believe! Take not My enemies and your enemies (i.e. disbelievers and polytheists, etc.) as
Awliya' (friends, protectors, helpers, etc.), showing affection towards them, while they have
disbelieved in what has come to you of the trutft...^(Al-Mumtahinah, 1)- theverse...
And He, said:
f __ , * ^ 9 ✓ ✓ x 9
40 you who believe! Take not the Jews and the Christians as Awliya'ffriends, protectors, helpers, etc.),
they are but Awliya' to one another. And if any amongst you takes them as Awliya', then surely he is
one o/t/jeo7...)>{AI-Ma'idah, 51)- theverse...
And He, said:
^ Verily; your Wall (Protector or Helper) is Allah, His Messenger, and the believers...f(A\-Ma’\dah, 55) -
theverse...
And He, said:
J 9
\ j&lj S-UJjl jUSOtj Ijjjl Ili|l>
/ o i J 9
40 you who believe! Take not for Awliya'(protectors and helpers) those who take your religion for a
mockery and fun from among those who received the Scripture (Jews and Christians) before you, nor
from among the disbelievers; and fear Allah if you indeed are true believers .)> (Al-Ma'idah, 57)-
theverse...
And to other than these, from the noble verses, which eloquently declare the absence of faith, and the
wickedness of those mentioned,and the announcement to them that theyare from them (i.e. a
17
disbelievers), from those who love the disbelievers. And is there any clarification after the clarification of
Allah, or any ruling after His ruling? He, said:
z And who is better in judgement than A//d/7...«(AI-Ma'idah, 50)-theverse...
And the love of our master, Hatib ibn AbT Balta'ah, which (the Surah) Al-Mumtahinah was revealed for,
was nothing except for (him sending) the letter, which he wrote to the people of Makkah informingthem
of the Messenger of Allah, aAp in j-p, heading towards (them), despite the fact that he did not do so
out of apostasy, nor out of being satisfied with disbelief after Islam. 22 And he was a participant at (the
Battle of) Badr, according to agreement (of the scholars), yet that which was heard (i.e. those verses)
were revealed for him. And He, based the deterrent of allegiance to them, upon the fact that they
disbelieved in what came to us from the truth. And is there any disbelief greater than the disbelief of the
Ifranj? 23 And Ibn Sinn was once asked about a man who sells his home to a Christian who takes it as a
monastery. So he recited:
4 And if any amongst you takes them as Awliya', then surely he is one of them.# (Al-Ma'idah, 51)-
theverse...
22 AI-BukharTnarrated in his "SahTh", (#4,890), From 51AIT, in be pleased with him, who said, 'The Messenger
of Allah^j ‘U* in J-p, sent me, Az-Zubayr and Al-Miqdad somewhere saying, ' Proceedtill you reach Rawdhat
Khakh. There you will find a lady with a letter. Take the letter from her.’ So, we set out and our horses ran at full
pace till we got at Ar-Rawda where we found the lady and said (to her), 'Take out the letter.' She replied, 'I have no
letter with me.' We said, 'Either you take out the letter or else we will take off your clothes.' So, she took it out of
her braid. We brought the letter to the Prophet, U* in J-p, and it contained a statement from Hatib ibn Abf
Balta'ah to some of the people of the polytheists of Makkah informing them of some of the plans of the Prophet,
lU-’j “Uf- in J-p. So the Prophet, U* in J-p, said, 'O Hatib, what is this?' Hatib replied, 'O Messenger of Allah, do
not rush to judgment in my case. I was a man closely connected with the Quraysh, but I did not belong to their
tribe,while the other emigrants with you, had their relatives in Makkah who would protect their families and
wealth in Makkah. So, I wanted to recompense for my lacking blood relation to them by doing them a favour so
that they might protect my relatives. I did not do that, while disbelieving nor while apostating from my religion.'
And in a narration of Muslim: "And I did not do so while disbelieving, nor while apostating, nor while being pleased
with disbelief (Kufr) after Islam."
So the Prophet,|JL>j U* in J-p, said, ' Verily, he has told you the truth.' Then GkJmar said, O Messenger of Allah,
permit me to strike his neck." So he (i.e. the Prophet,,*!-^ U* in J^>) said, 'Verily, he participated at Badr. And what
informs you? Perhaps Allah, Jrj jp, looked upon the people of Badr and said, 'Do as you wish, for I have forgiven
you." ISAmr said, 'And for him, was revealed: O you who believe! Take not My enemies and your enemies as
friends (Awliya')... (Al-Mumtahinah, 1)
23 lfranj: Literally "the Franks" and this was the name given to the people of Western Europe, due to their dominant
presence amongst the Crusaders.
18
So then what about the ruling of the one who forms allegiances with them by bringing provisions, stock
and wealth, which strengthens them and cements their force against Islam? And he who becomes
subjugated to their dominance and becomes lowly to their strength and submits to their rulings; so how
could he be labelled with the title of faith and Islam, after that, while he has surrendered to the rulings
of disbelief?
«Do they seek honour, power and glory with them? Verily, then to Allah belongs all honour, power
and glory.^ (An-Nisa', 139)
And there is no power, nor strength, except with Allah - al-'AIT(the High), al-'Athim (the Great). And He,
said:
■ jil ja OJj U Ijij 'ife- jJb
jfiL. i.
«0 you who believe! Take not as (your) Bitanah (advisors, consultants, protectors, helpers, friends, etc.)
those outside your religion (pagans, Jews, Christians, and hypocrites) since they will not fail to do their
best to corrupt you. They desire to harm you severely. Hatred has already appeared from their
mouths...^ (Al-'lmran, 118)-theverse...
So the advisors are those who enter upon them, and the close friends, which you trust to take as scribes,
guards, treasurers and confidants and other than these from the categories of advisors. He, , based
the forbiddance of that upon the fact that they love for us to be under hardship, while the hatred has
become evident from their mouths and that which they hide within their chests is even greater. So they
must never be honoured, after Allah has humiliated them, and they must never be drawn near after
Allah has distanced them, as 'Umar ibn al-Khattab, said. 24
Because the end result of the Qur'an is to boycott the disbelievers from every aspect and opposing them
from every condition, so that there remains no ties between them and us whatsoever. And Allah knows
best.
24 This narration from 'Umar ibn al-Khattab, isi was narrated by AI-BayhaqT in "As-Sunan al-Kubra", Vol.
10/127 (#20,196) from 'lyadh ibn Ghanam al-Ash'ari, that Abu Musa al-Ash'arT travelled to 'Umar ibn al-Khattab,
u ^s- in j, while he had a Christian scribe with him. So 'Umar was amazed by what he saw from his memorization,
so he said, 'Tell your scribe to read a letter for us.' He said, 'He is a Christian who may not enter the Masjid.' So
'Umar reprimanded him and caused him to be worried, and said, "Do not honour them, while Allah has disgraced
them. And do not bring them close, while Allah has distanced them. And do not trust them while Allah, has
declared them to be treacherous." He also narrated a second longer narration, in which 'Umar, m it ^j, recited
the 51 st verse from Surat al-Ma'idah. AI-AlbanT declared the first narration "SahTh", and the second "Hasan". [Look
to "Irwa' al-GhalTI FTTakhrTj AhadTth Manar as-Sabil", Vol. 8/255-256, (#2630)]
19
THE SECOND QUESTION:
[The Muslim Who Claims to be From the Community of the Christians and Identifies Himself
with Their Flags etc.]
The questioner asks: "And likewise there are a people from the Muslims within the countries of Islam
who claim that they are from the 'subjects of the Christians' 25 and they are satisfied with that and
happy with it. So what do you say about their faith? And in general, they place banners upon their ships
and they are called 'flags', such as the flags of the Christians as a means for them to show that they are
from their subjects."
The Answer to the Second Question:
The answer - and Allah,- is the One responsible for preserving the religion of Islam for us:
Those people have had the love of the Christians fill their hearts and they reflect upon the greatness of
their wealth and their strengthand they noticed the abundance of worldly things in their hands - which
is their share from this worldly life and the hereafter - and they had their sights shortened to (merely)
building up this worldly life and collecting it (i.e. wealth etc.) and that the Christians are more suitedto
preserve it and safeguard it. So if those aforementioned people are ignorant ones who believe in the
exalted nature of the religion of Islam and its highness over the rest of the religions, and that its rulings
are the most befitting rulings, and in their hearts there is no glorification of disbelief and its leaders
along with that, then they remain upon the rulings of Islam.However, they are sinful ones who are
committing dangerous things, due to which they are to be punished, disciplined and given an exemplary
form of punishment. But if they are knowledgeable regarding the rulings of Islam, yet despite that they
performed what was previously mentioned, then they are to be given the opportunity to repent (i.e.
return to Islam). Then if they turn back from that (action), repenting to Allah, (they are left
alone),otherwise they leave (Islam). So if they believe in the glorification of disbelief, then they have
apostated, and the rulings of the apostates are to be implemented upon them. And the outward
appearance of the verses and the HadTth, is the absence of faith for those mentioned. He, jw, said:
J\ 'jjdl\j jji\ J\ ouliaJl ja jjdJl iUlj
: OUJiiJl
25 ln his review of this translation, Shaykh Anwar al-Awlaki, may Allah preserve him, explained: "Subjects of the
Christians: This would be referring to people from Aden referring to themselves as British subjects and who would
raise the British flag on their ships. Again 'Christians' is the term used by Yemeni's to refer to all Europeans."
20
4Allah is the Wall (Protector or Guardian) of those who believe. He brings them out from darkness into
light. But as for those who disbelieve, their Awiiya'(supporters and helpers) are Taghut [false deities
and false leaders, etc.], they bring them out from light into darkness.f(A\-Baqarah, 257)
So the verse necessitates that the people are two categories; those who believed - their ally is Allah,
in other words, none other than Him. So they have no Helper besides Allah and His Messenger. Allah is
our Helper and you have no Helper! 26 And those who disbelieved - their alliesare the Taghut. Therefore,
there is no middle (ground).So whoever takes the Taghut as an ally, instead of Allah, then he has lost,
with a clear loss, and performed a grievous error. So there is nothing but the ally of Allah or the ally of
the Taghut. So there is no overlapping in any point, from the points, whatsoever, as the verse
necessitates.
And He, said:
4But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all
disputes between them, and find in themselves no resistance against your decisions, and accept
(them) with full submission.^(An-N\sa\ 65)
And Allah has judged that we must never form allegiances with the disbelievers in any way. So whoever
contradicts that which He has judged, then how could he have faith, while Allah has negated his faith,
and affirmed the negation in the strongest terms, and swore an oath upon that? So understand that.
And Abu Dawud narrated from Ibn 'Umar, u^p U ^p h 27 and At-TabaranT in "Al-Awsat", 28 from
Huthayfah,*up U ^y ‘Whoever imitates a people, then he is from them.' So the HadTth is a deterrent
from imitating the disbelievers. (This includes) whoever raises banners and other than that, from the
means of imitating, such as the type of clothing, walking, moving or remaining still. Because the Prophet,
Up 4ii j-p, contradicted the Jews and ordered us to contradict them in everything they do. And
likewise (to contradict) the Majus (Magians) and the Christians in their outward religious symbols,
clothing, celebrations, fasting, and all of their descriptions, in order to be different from them and to
dissatisfy them. And due to his, »uii u*'s, statement: ‘Do not be illuminated by the fire of the
Polytheists. ,29 And the forbiddance of living with them, learning their writing, joining with them in their
celebrations and their gathering areas, learning their gibberish and other than that, was narrated from
26 Referring to the statement of the Messenger of Allah, ,»Uj Up in J~p, on the day the Muslims were defeated in
the Battle of Uhud, when the polytheists shouted to them: "Al-'Uzza (i.e. an idol) is ours but you have no 'Uzza."
And the Prophet, U-j Up in J-p, said: "Why do you not reply?" But the companions asked: "O Messenger of Allah,
what shall we say?" He, ,»Uj Up in J-p, said: "Say: 'Allah is our Helper, but you have no Helper!" - Narrated by Al-
Bukhari in his "SahTh", (#3,039) and (#4,043), from Al-Bara' ibn 'Azib.
27 "Sunan AbT Dawud", Vol. 2/441, (#4,031)
28 "AI-Mu'jam al-Awsat", Vol. 8/179, (#8,327)
29 This HadTth was narrated by Ahmad in his "Musnad" and An-Nasa'T in "As-Sunan al-Kubra", from Anas ibn Malik.
It was declared "Dha'Tf" by AI-AlbanT in "Dha'Tf an-Nasa'T", (#5,224) and "Dha'Tf al-Jami' as-Saghir", (#6,227)
21
our master, 'Umar Ibn al-Khattab, <lp 4ii 30 So whoever imitates them, out of love for them, and
becomes satisfied with their disbelief, then he is a disbeliever. And whoever does so, while heedless of
this intention, then he has imitated them in their matters of Jahiliyyah, and there is a characteristic from
their characteristics within him. (And) repentance(i.e. returning to Islam) is necessary for him along with
the established conditions of repentance in such a situation. Ibn Taymiyyah said, "The HacTith: 'Whoever
imitates a people, then he is from them,' the least of its conditions is that it necessitates the forbiddance
of imitating them even if its outward appearance necessitates the disbelief of the one imitating,as in His,
statement:
(*403
4>And if any amongst you takes them as Awliya', then surely he is one of tfiem.*(AI-Ma'idah, 51)
And it is equivalent to the statement of Ibn 'Umar: 31 'Whoever builds in the lands of the Polytheists,
participates in their Nayruz (festival), 32 and their Mahrajan (festival), 33 or imitates them until he dies,
then he will be raised up with them on the Day of Resurrection.' 34 So this has beenunderstoodas
referring to the complete imitation, as doing so necessitates disbelief and necessitates the forbiddance
of (any)of its (individual) components. Or it could be understood (as referring to) whatever amount he
took part in imitated them. So if it is disbelief, disobedience or an outward religious symbol, then his
ruling is likewise (one of these three categories)." - end quote. 35
30 From 'Umar, up 4it that he said, "Do not learn the gibberish of the non-Arabs. And do not enter upon the
polytheists in their churches on the day of their celebration, as the Anger (of Allah) descends upon them." -
Narrated by 'Abd Ar-Razzaq in "Al-Musannaf", (#1,609), and AI-BayhaqT in "As-Sunan al-Kubra", Vol. 9/234
(#18,640). This narration was declared "SahTh" by Ibn Taymiyyah in "Iqtidha' as-Sirat al-Mustaqim", Vol. 1/511, and
in "Majmu' al-Fatawa", Vol. 25/173-174, by "Ibn Al-Qayyim in "Ahkam Ahl ath-Thimmah", Vol. 3/1247, by Ibn
Muflih in "Al-Adab ash-Shar'iyyah", Vol. 3/417 and by Ibn Kathir in "Musnad al-Faruq", Vol. 2/494.
31 In the actual quote from Ibn Taymiyyah, it states 'Abd Allah ibn 'Amr, and elsewhere in the book, it states 'Abd
Allah ibn 'Amr ibn al-'As.
32 Nayruz: The Arabic pronunciation of Nawruz, which is a celebration of the Majus (Magians), which takes place on
the Spring Equinox, and marks the beginning of their New Year.
33 Mahrajan: The second festival of the Majus (Magians) after Nayruz. It is six days long, and it culminates on the
sixth day of their month of "Mahr". Look to "Mu'jam al-Manahi al-Lafthiyyah", Pg. 533, by Shaykh Bakr ibn 'Abd
Allah Abu Zayd, may Allah be merciful to him.
34 0n page 233, Ibn Taymiyyah mentioned this narration, with the word "A'ajim" (non-Arabs) instead of "MushrikTn
(polytheists)". He also mentioned that it was narrated by AI-BayhaqT and authenticated its chain of narration.
35 Look to "Iqtidha' as-Sirat al-Mustaqim", Pg. 116.
22
THE THIRD QUESTION:
[The Ruling Upon the Muslim Who Attributes Justice to the Christians and Approves of Their
Authority and Scoffs at the Muslim Authority and their Leadership]
The questioner asked: "And what do you say regarding those who praise them and say that they are
people of justice who love justice and along with this, he frequently praises them in the sittings and he
scoffs at anyone mentioning Muslims being in authority and he attributes justice to the disbelievers and
the absence of any transgression (on their part)?"
The Answer to the Third Question:
The answer: As for the ruling upon the one who praises them, then he is a disobeying transgressor, who
is committing a major sin. Repentance is obligatory upon him from that (sin) as well as regret, because
of it. This is if his praise was only for the disbelievers themselves without mentioning the characteristic
of disbelief, which is within them. But if he did praise them regarding the characteristic of disbelief, then
he is a disbeliever, because it is as if he praised the disbelief (itself), which all of the legislations have
made blameworthy. And the Messenger of Allah,Jii J-e, warned against a Muslim praising
something the individual is not aware of, as he, ,■*_)!,^u*, said when he heard a group of people praising
an individual: ‘You have severed the man's neck,' in other words: 'destroyed him.’ 36 As for (generally)
praising justice, which would include endorsement of the one who is before a judge, or in relating his
description (i.e. "He is a just man."), then it is permitted; furthermore, it could (even) be obligatory. But
(generally), the Muslim praising a transgressor is a (form of) disobedience, due to the HadTth: "If the
oppressor is praised, Allah, jp, becomes angry." So if that is regarding the minor oppression (i.e.
cruelty etc.), then what do you think about the major oppression (i.e. disbelief and polytheism)?
And in a HadTth, which was narrated by Abu Ya'la and AI-BayhaqT, 37 from Anas, and Ibn 'AdT 3S - from
Buraydah: "If the transgressor is praised, the Lord becomes angry and the Throne shakes, due to that."
And the outcome is that praising the disbelievers, due to their disbelief (itself), is (considered) apostasy
from Islam, but praising them without this intention is a major sin; the one who commits it is to be
disciplined with whatever would be a deterrent for him. As for the one who says that they are a people
of justice, then if by 'justice' he means the matters of disbelief, which includes their rules of law, then he
36 This HadTth was narrated by AI-BukharT in his "SahTh", (#2,663) and (#6,060), as well as Muslim in his "SahTh",
(#3,001). The phrase they narrated was "You have destroyed,' - or (the narrator speculated): ‘severedthe man's
back." - Both from Abu Musa al-Ash'arT.
37 AI-BayhaqT in "Al-Jami' li-Shu'ab al-Tman", Vol. 6/511 (#4,544). AI-AlbanT mentioned that he did not find it in
"Musnad AbT Ya'la", and that it must be in his "Al-Musnad al-Kabir", as Ibn Hajar attributed it to there in "Al-
Matalib al-'Aliyah", Vol. 3/3. This HadTth was declared "Munkar" by AI-AlbanT in "Silsilat al-Ahadith adh-Dha'Tfah",
(#595) and "Mawdhu"' by him as well, (#1,399).
38 lbn 'AdT narrated it in "Al-Kamil Fidh-Dhu'afa'", Vol. 5/1917, but without mention of 'the Throne'. This HadTth was
declared "Dha'Tf" by AI-AlbanT in "Dha'Tf al-Jami as-SaghTr", (#694). He also indicated this in "Silsilat al-AhadTth adh-
Dha'Tfah", (#1,399).
23
has disbelieved.And Allah, >-j ^,has reprimanded that, vilified it, called it 'tyranny', 'stubbornness',
'transgression', 'a clear lie and sin', 'a clear loss', and 'a falsehood'. And the justice is only the SharT'ah of
Allah, which He compiled within His Book and the Sunnah of His Prophet, as Allah orders justice. So if
the rulings of the Christians were (considered) 'just', then they (i.e. those rulings) would have been
commanded(to be implemented), and that would have necessitated (that Islam was) contradictory and
in opposition (to itself) regarding its refutation of the Christians. He, said:
j ^ US' jA OjU
4Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than
Allah for a people who have firm Fo/'t/i. i(AI-Ma'idah, 50) 39
So the ruling of Allah,j*, is the best justice and nothing else is. So how could it (i.e. the characteristic
of justice) be for the rule of the Christians, because every (form of) justice is good.Therefore, the claim
of those mentioned, becomes invalid. And He, said:
f 0 o, t- 0 > l o ' * 51 ' ° ' t- ' *
4They wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have
been ordered to reject them .)> (An-Nisa', 60) 40
So those ones labelled what Allah, ordered them to disbelieve in, as 'justice', so they have exceeded
in their misguidance. And the Shaytan wants to lead them far astray into misguidance. But if he meant
by that (i.e. 'justice') the metaphorical justice, which is the building up of this worldly life by abandoning
oppression, which destroys this worldly life, then disbelief is not necessitated by that. But he should be
discouraged from that (expression), with a great deterrent. As for what is narrated from him, (‘“UJi Up: 7
was born during the reign of the just one,Anu Shirwan.’ 41 then he, (‘“UJi Up, meant by that, the
metaphorical justice. Especially when the King who was mentioned, was during a time of Fatrah, 42 as is
39 ln our manuscript of "As-Sayf al-Battar", by 'Abd Allah al-Ahdal, the verse is referred to as Al-Ma'idah, 55
whereas it is actually verse #50, so we changed the reference above to reflect that.
40 Similarly, in our manuscript, this verse was referred to as Al-Ma'idah, 60 whereas it is actually Surat an-Nisa', 60.
So we changed the reference above to reflect that.
41 This is the Kisra the First or Khosrau the First. He was known as "Anushiravan the Just". AI-BayhaqT stated,
referring to AI-HulaymT: "And he spoke about the falseness of that which some of the ignorant ones narrated from
our Prophet, ,*Uj Up in J-p, '/ was born in the time of the just king, 1 meaning, Anu Shirwan. And our Shaykh Abu
'Abd Allah al-Hafith also spoke about the falseness of this Hadith. Then some of the righteous ones saw the
Messenger of Allah, |»Uj Up in J-e, while sleeping, so he told him that which Abu 'Abd Allah, so he declared him
truthful in declaring this Hadith to be a lie and to be false, and he said, 'I did not say this at all.'" [Look to "Al-Jami'
li-Shu'ab al-Tman", Vol. 7/167.] And Al-Albani mentioned that it is: "False. It has no origin." [Look to "Silsilat al-
Ahadith adh-Dha'ifah", (#2,095)]
42 Fatrah: The period of time between the passing away of one Messenger to the arrival of the next one.
24
well-known. Along with the fact that the aforementioned HadTth has no origin, as Ibn Hajar mentioned
in 'An-Ni'mah al-Kubra.' 43
He said: "And labelling him with 'the Just One', assuming its narration (was even authentic), was to
describe him with the title, which he was called by; not to testify to that (quality) on his behalf, as he
used to rule by other than the rule of Allah."
"As-SakhawT said, 'The aforementioned HadTth was fabricated, and had it been authentic, then there
would be no problem in his labelling him with justice, as he was not a tyrannical ruler over his subjects,
nor did he used to oppress them in the rights of this worldly life. So his 'justice' in regards to that does
not negatehis disbelief and his oppression towards himself, through his ignorance. And Allah knows
best."- End quote. 44
As for the one who belittles the Sultan, then sufficient for him as an admonition and a deterrent is the
HadTth: "Verily, the Sultan is only the shade of Allah and His spear on the Earth." - Narrated by Al-
BayhaqT from Anas. 45 And the HadTth: "The Sultan is the shade of Allah on His Earth, so whoever honours
him, Allah will honour him. And whoever belittles him, then Allah will belittle him." - Narrated by At-
TabaranT and AI-BayhaqT from Abu Bakrah. 46 And the HadTth: "The Sultan is the shade of Allah upon the
Earth. Every oppressed one from His slaves seeks refuge with him. So if he is just, he has the rewards and
it is upon the subjects to be grateful. And if he is tyrannical or persecutes (others), then the burden is
upon himself and it is upon the subjects to be patient." - Narrated by AI-HakTm and Al-Bazzar from Ibn
'Umar. 47 And the HadTth: "The Sultan is the shade of Allah upon the Earth. The weak one seeks refuge
with him and through him the oppressed one seeks assistance. And whoever honours the Sultan of Allah
in this worldly life, Allah will honour him on the Day of Resurrection." - Narrated by AI-BukharT from Abu
Hurayrah. 48 And there are others besides these from the numerous HadTth and narrations concerning
the virtues of the Sultan, having love for him and forbidding the slandering of him.
And entire books have been written specifically about that, so whoever belittles the Sultan and raises
the status of disbelief and its leaders, Allah will belittle him.
43 Referring to the book "Itmam an-Ni'matul-Kubra 'Alal-Alam Bi-Mawlidi Sayyidi Waladi Adam"
44 Look to "Al-Maqasid al-Hasanah FT Bayani KathTrin Min al-AhadTth al-Mushtaharah", (#531) and (#532).
45 Narrated by AI-BayhaqT in "As-Sunan al-Kubra", Vol. 8/162 (#16,427), in "Al-Jami' li-Shu'ab al-Tman", Vol. 9/480
(#6,990). It was declared "Dha'Tf" by As-SakhawT in "Al-Maqasid al-Hasanah", (#132), and AI-AlbanT in "Silsilat al-
AhadTth adh-Dha'Tfah", (#2,504)
46 Narrated by AI-BayhaqT in "Al-Jami' li-Shu'ab al-Tman", Vol. 9/478-479 (#6,988). Also narrated by Ibn AbT 'Asim in
"Kitab as-Sunnah", (#1,049). It was declared "Dha'Tf" by AI-AlbanT in "Silsilat al-AhadTth adh-Dha'Tfah", (#1,662) and
in "Dha'Tf al-Jami' as-SaghTr", (#3,350). The last sentence of the HadTth is was declared "Hasan" due to its
strengthening factors, as was mentioned by AI-AlbanT in "Silsilat al-AhadTth as-SahThah", (#2,297)
47 Referring to AI-HakTm at-TirmithT in "Nawadir al-Usul Min AhadTth ar-Rasul", under "The 275 th Fundamental". It
was also narrated by Ibn 'AdT in "Al-Kamil Fidh-Dhu'afa'", Vol. 1/175, and others. It was declared rejected by Ibn
'AdT in "Al-Kamil Fidh-Dhu'afa'", Vol. 1/175, al-BayhaqTin "al-Jami' Li-Shu'ab al-Tman", Vol. 9/475-476 (#6,984), Ibn
al-QaysaranT in "ThakhTrat al-Huffath", Vol. 3/1492, al-Hafith al-'lraqT in his verification of "Ihya' 'Ulum ad-DTn", Vol.
4/121, and many others.
48 Narrated by Abu Muhammad ibn Yusuf, Vol. 1/143. It was declared "Dha'Tf" by al-AlbanT in "Silsilat al-AhadTth
adh-Dha'Tfah", (#1,663) and in "Dha'Tf al-Jami' as-SaghTr", (#3,352).
25
o? **^
^And whomsoever Allah disgraces, none can honour him. f (M-Ha\\, 18)
So if he belittles the Sultan, due to his (i.e. the Sultan's) preserving Islam and praises the Christians due
to their preserving disbelief, then he disbelieves and he has become an apostate.But if he praises (them)
due to their preservation of this worldly life,rectifying it, and protecting the subjects from wrong-doings
and spending money to establish the worldly systems and the honour of the subjects (of their state). So
if he attributes shortcomings to the Sultan,but to the Christians (he attributes) the establishment of all
of that, then the one referred to as the praiser, is from those who have been overcome by the love of
this current, worldly abode instead of the afterlife. And his heart has been filled with love of thevanities
of this world, and his objective deviated far from holding the nature of Islam in high regard. So he has
become deceived by his worldly life and he has been thrown into trials by his love of this current,
worldly abode.
<t|Uj jjji GASi f CslS” jjsj id ijf ij ?-dl f Juji
^Whosoever desires (with his deeds) the reward of the Hereafter, We give him increase in his reward,
and whosoever desires the reward of this world (with his deeds). We give him thereof (what is written
for him), and he has no portion in the Hereafter. «(Ash-Shura, 20)
So the aforementioned 'deceived one' did not realize - because of his ignorance, his foolishness, his
dimness and his stupidity - that the preservation of this worldly life, which took place for the Christian
subjects, resulted in the loss of multiple shares of his religion. Rather, it could have even taken him to
the eradication of his entire religion. Because, due to the intermingling with the aforementioned
disbelievers, he became blinded by their misguided temptations and personal interactions with one
another. So he participated in usury and witnessed (the consumption of) alcohol and pork and he heard
'the third of three' (i.e. the false belief in the Trinity of the Christians) and became negligent regarding
the prayers in order to fit in. And he saw fornication and overheard vulgarity and he persisted in that
until he became accustomed to it.And it reached the point where he no longer objects to it at all, and
possibly after lengthy persistence, he would even believe in its permissibility, due to the overwhelming
ignorance. So he was denied his religion by the way in which he achieved his worldly life (i.e. the
benefits). This is because, this worldly life and the hereafter are (like) two co-wives who harm each
other and don't get along with each other, and the Sultan is the shade of Allah upon His Earth. So in any
case, he (i.e. the Sultan) is to be appreciated and left alone, and Allah, aju-o, will support the religion
through him. And if he is a wicked man, then his wickedness is (limited) to himself. As for the Sultan of
this time, then he - praise be to Allah - is a wrath against the disbelievers. May AI-Malik(The King, i.e.
Allah),Al-Jabbar, (The Irresistible; The Compeller, i.e. Allah)grant him victory.
Amin.
26
And in "Ar-Rawdhah an-Nawawiyyah" in the chapter of Apostasy, we find what was phrased as: "And if a
children's teacher said, 'The Jews are better than the Muslims by far, because they fulfil the rights of
their children's teachers,' he disbelieves." - End Quote . 49
49 "Rawdhat at-Talibin", Vol. 7/288
27
THE FOURTH QUESTION:
[The Ruling Upon the Muslim Who Ships Goods and Supplies to the Christian Lands and the
Ruling Upon Another Muslim Who Kills Him for Doing That]
The questioner asks: "And what is your opinion regarding the one who transports goods or food to the
countries of the Christians and a Muslim objects or forbids him, but he does not stop? If he kills him, or
takes his wealth, is his blood lawful and his wealth permitted, or not? And the intention of the killer is to
destroy the states of the disbelievers and the intention of the murdered, is to revive them with what he
sends to them. And what is the ruling of this transgressor(i.e. the one transporting the goods) if he is
killed? Is he a martyr, or not? And what is the ruling of those who assist them in that from the
Muslims?"
Answer to the Fourth Question:
The Answer: The country of the Christians cannot be except (the first scenario): it was either originally
in their hands, such as the land of Ash-Sham, and Iraq, which was in the hands of the disbelievers during
the time of the Prophet, <*!*} in J-e. So there is no ambiguity regarding the permissibility of
transporting goods,such as food and other than that, to them. And the permissibility of trade within
their countries and the permissibility of interacting with them (is likewise clearly permissible),because
that (i.e. trade etc.) is from the necessities of living and the need calls for that. So the Legislator (i.e.
Allah) permitted that, due to the need. This is because, the Sahabah,,*^ in used to enter the land
of polytheism for (the purpose of) interactions (i.e. business dealings etc.) and the Prophet, <lAp in
Lij, entered as a (trade)speculator on behalf of (his future wife,) KhadTjah,^ in So the likes of
that are not to be condemned for the one who does so. And he must not be challenged at all, and
whoever intercepts him along the path is a combatant, highway robber, upon whom the rulings of the
highway (robber) are to be implemented. And the one who is killed - if he is the robber - then his
(killing) is permissible as long as he was repelled by the least (possible means), and then the more (harsh
means, if necessary). But if he (i.e. the one trading with the Christian lands) wasthe one travelling along
the path, then he was the oppressed one who is martyred according to the minor (form of) martyrdom,
due to the Hadith: 'Whoever is killed in defence of his wealth, then he is a martyr .' 50
Or else (the second scenario) is that it (i.e. that land which the Muslim is trading with) was Dar Islam,
which the disbelievers conquered and it was obligatory upon us to oppose them and rescue it from their
hands. So the one transporting goods and provisions to them is a disobeyer towards Allah and His
Messenger, and committing a major sin, so he is to be deterred from that. But if he does not become
deterred, then the ruler or those in charge from the Muslims, are to discipline him. Even if that takes
place by imprisoning him or preventing him from travelling to it (i.e. that conquered Muslim land). But if
50 Narrated by AI-BukharT in his "Sahih", (#2,480), and Muslim and his "Sahih", (#141), both from 'Abd Allah ibn
'Amr ibn al-'As, it
28
he does not cease, then it is allowed to send back his goods along the path, as a means to besiege the
disbelievers, but it remains the property of its owner. And it is not allowed to kill him, rather he is
prevented from that (trade) with what is best and does not lead to any harm. And whoever assists him
in that (trade), then he is his partner in that sin, whether his assistance takes the form of words or
actions, due to the HadTth: "Whoever assists an oppressor, Allah will put him (i.e. the oppressor) in
authority over him (i.e. the one who assists him)." 51 - Narrated by Ibn 'Asakir, from Ibn Mas'ud. And the
HadTth: “Whoever assists an oppressor, in order to deny a right through his oppression, then the
protection of Allah, and the protection of His Messenger are disavowed from him." - Narrated by Al-
Hakim, from Ibn 'Umar,u^ in ^> 52
51 Look to "TarTkh Dimashq", Vol. 34/4. This HadTth was declared "Mawdhu' (i.e. fabricated)" by AI-AlbanT in "Silsilat
al-Ahadith adh-Dha'Tfah", (#1,937) Vol. 4/412. The same defect was mentioned by Mulla 'AIT Al-Qari' in "Al-Asrar al-
Marfu'ah", 316, and by Muhammad ibn Muhammad al-GhazzT in "Itqan Ma Yuhsin", 2/559, and by Ash-ShawkanT
in "Al-Fawa'id al-Majmu'ah", 211.
52 "AI-Mustadrak 'Alas-SahThayn", Vol. 4/199-200, (#7,131), with the phrase "Whoever assists a falsehood...”.
Defects were mentioned by Ath-ThahabT in his follow-up upon Al-Hakim's grading, as well as Ibn 'Asakir after
narrating this HadTth in "TarTkh Dimashq", Vol. 15/315. The phrasing mentioned by this author was narrated by At-
TabaranT in "Al-Mu'jam al-KabTr", Vol. (#11,216) and (#11,539) from Ibn 'Abbas, in
29
THE FIFTH QUESTION:
[The Ruling Upon the Muslims Who Remain Inside the Country, Which was Seized and
Occupied by Foreign Invaders, and Subsequently Fall Under Their Rule]
The questioner asked: "And what is your opinion regarding an area, which the disbelievers overtook,
while within it there are Muslims who are residing there with their wealth and their children? Is it
allowed for them to live within this country of theirs, which has been overtaken, or not? And since they
are not satisfied with that (situation), andthey hate those disbelievers,yet they see that their remaining
in their country is like a necessity,are they safe from sin? And how is their faith? Is it complete, lacking,
or fluctuating? And along with that, if fighting them(i.e. the disbelieving occupiers) is resolved upon (by
the leadership in Dar Islam), they (i.e. the Muslim residents within that occupied state) do not see any
need for themselves to strive (along with the advancing troops). And what is your opinion of them and
of those who love them, and those who hate them, from those ones? And (what is the ruling upon)
those who follow their orders, while they know that their ruling is contrary to the Shari'ah of Islam? And
what is the ruling upon the one who resides therein, if he is ruled upon with other than the Islamic
Shari'ah; and instead (he is ruled upon), with the law of disbelief? Should he obey, remain satisfied and
continue to live there, or (should he) disobey and emigrate?
The Answer to the Fifth Question:
The Answer: The ruling of that becomes known from what we will relate to you from the words of our
scholars, may Allah, >, be merciful to them. He (i.e. Ibn Hajar) said in "Al-Minhaj" and its explanation
"At-Tuhfah ", 53 as follows: "A Muslim lives in Dar Kufr, in other words 'Harb', and it appears (to us) that
Dar Islam which they conquered is the same (in its ruling); if he is able to openly display his religion, and
he is not hopeful that Islam will prevail, then emigration to Dar al-lslam becomes recommended for him,
so that he will not increase their numbers and because they might otherwise plot against him. Yet,that is
not obligatory, due to his ability to openly display his religion. And it (i.e. emigration) is not forbidden,
because from the characteristics of the Muslim amongst them (i.e. the disbelievers), is dominance and
overpowering, as opposed to inability. And from there, if he hopes for the prevailing of Islam by his
residing there, then his residing there is better. But if he is able to resist and seclude himself and does
not see the victory of the Muslims as likely through his emigrating, then his residing there becomes
obligatory because his area is Dar Islam, but if he emigrates it would become Dar Harb. Then if he is able
to fight them and invite them to Islam, it is obligatory, otherwise it isnot. And what seems apparent, is
that it is impossible for this Dar to return to Dar Harb - in other words, 'Kufr' - even if they conquer it,
as the authentic narration clearly stated: 'Islam dominates and is not dominated .' 54 So their saying that it
became Dar Harb, what is meant by that is it became that way in appearance but not in ruling. 55 But if it
53 For this discussion look to "Tuhfat al-Muhtaj bi-Sharh al-Minhaj", Vol. 9/268-270.
54 Look to footnote #8.
55 The topic of the ruling upon the state itself and when Dar al-lslam reverts to Dar al-Kufr or Harb is a subject
wherein there are differences of opinion on the conditions that classify a state as Dar Harb or Dar Islam. The
majority of the scholars have stated that Dar al-lslam can only be considered such when the rulings of the Islamic
30
is not possible for him to openly display his religion, or he fears tribulations regarding his religion,
emigration becomes obligatory if he is able, and he would be sinful by remaining. But if he is unable to
(emigrate), then he is excused, due to His, statement:
yVerilyI As for those whom the angels take (in death) while they are wronging themselves (as they
stayed among the disbelievers even though emigration was obligatory for fhem).^>{An-Nisa', 97) - the
verse.
And due to the authentic narration: 'Hijrah, does not cease so long as the disbelievers are fought." 56 —
End quote.
SharT'ah are implemented therein and if those rulings are replaced with anything else, then that state is considered
Dar al-Kufr or Harb. Imam Ibn Al-Qayyim, may Allah be merciful to him, stated, "The majority have stated that Dar
al-lslam is that which the Muslims have arrived in and in which the rulings of Islam have been implemented. And
that upon which the rulings of Islam have not been implemented is not Dar Al-lslam, even if it is attached to it,as
At-Ta'if was very close to Makkah, yet it did not become Dar al-lslam with the Conquest of Makkah." "Ahkam Ahl
ath-Thimmah", by Ibn Al-Qayyim, Vol. 1/366, Pub. "Dar Al-'llm Lil-MalayTn", 1983 [Also look to "Bada'i' As-Sana'i'",
by AI-KasanT, Vol. 9/4375, "AI-MughnT", by Ibn Qudamah, Vol. 12/283-284 and "Al-Mabsut" by As-SarkhasT, Vol.
10/114]
Abu HanTfah, may Allah be merciful to him, differed in what would make a state Dar al-Kufr or Harb, as it was
narrated from him by Imam Ibn Qudamah al-HanbalT, who said: "And Abu HanTfah said, 'It does not become Dar
Harbunless three things are combined therein: (1) It must neighbor Dar al-Harbwhere there is nothing between it
and Dar al-lslam. (2) The second: That there is no Muslim, nor ThimmT (non-Muslim tribute payer) who is safe
within it. (3) The third: That their rulings are implemented within it." - "AI-MughnT", Vol. 12/284, and look to "Al-
Mabsut" by As-SarkhasT, Vol. 10/114
And while discussing the city of MardTn, which was not ruled with the SharT'ah, yet the vast majority of its
population was Muslim, Shaykh al-lslam Ibn Taymiyyah, may Allah be merciful to him, said: "As to whether it
(MardTn) is Dar Harb or (a land of) peace, then it is a composite in which both characteristics are present. It is not
at the level of the state of peace upon which the rulings of Islam are implemented, where its soldiers are Muslims,
nor is it at the level of Dar al-Harb whose population are disbelievers. Rather it is a third category, wherein the
Muslim is to be interacted with according to his rights, and the one who leaves from the SharT'ah of Islam is to be
fought, according to those rights." - "Majmu' al-Fatawa", by Ibn Taymiyyah, Vol. 28/135.
But what is apparent is that the first view of the jurists and scholars is the more popularly held opinion. And Allah
knows best.
56 Narrated by An-Nasa'T, Vol. 5/216 (#8,708) and Vol. 5/217 (#8,710), from 'Abd Allah as-Sa'dT, then from
Muhammad ibn HabTb al-MisrT, respectively, and the second is a mistake. It was declared "SahTh" by Abu Zur'ah, as
mentioned in "TarTkh Dimashq", Vol. 31/305 and AI-AlbanT in "SahTh an-Nasa'T", (#4,183) and (#4,184), and "SahTh
al-Jami' as-SaghTr", (#5,218). A similar phrasing with “...enemy..." in place of "...disbelievers..." was narrated by
Ahmad in his "Musnad", Vol. 37/10 (#22,324) and declared "SahTh" by Ibn Hibban, as mentioned in "Bulugh Al-
Maram", (#383). A third similar phrasing was narrated by Ahmad in his "Musnad", Vol. 3/206 (#1,671) and
declared "SahTh" by Ahmad Shakir in his checking of Musnad Ahmad", Vol. 2/312, and "Hasan" by AI-AlbanT in
"Irwa' al-GhalTI", Vol. 5/33
31
So it becomes confirmed that if the people of the aforementioned country are able to openly display
their religion and they are safe from tribulation, but they do not see the victory of the Muslims as likely,
then it is recommended upon them to emigrate. And if it is possible for them to seclude themselves,
openly display their religion, and defend themselves, then it is obligatory upon them to remain. But if
they are unable to openly display their religion, or they fear they will be put into tribulation regarding
their religion, emigration becomes obligatory upon them, so long as they are able to do so. And this is
the summary of the discussion regarding the people of the aforementioned country. And from this, it
becomes known that if emigration was obligated upon him, he is sinful by remaining. And whoever it
(i.e. emigration) is not obligatory upon, there is no sin upon him by remaining. And whoever has no sin
upon him, then his faith is complete as long as he fulfills the articles of faith. And whoever is sinful by
remaining, then his faith is lacking, even if he fulfills the articles of faith. And from that, it becomes
known that the variations in level, is well-known, in accordance to the (amount) of love (of Allah) and
hate (of disbelief) in one's heart. And the one who obeys their order without compulsion or weakness is
in (a state of) disobedience. And whoever complies, out of compulsion, while his heart hates it, then he
is not sinful. (This is because) the ruling of compulsion in matters, which are less than disbelief, are the
same rulings as compulsion in disbelief. Yes, whoever is compelled while he was able to emigrate, then
he has disobeyed, because he was the one who assisted them by living amongst them. And Allah knows
best.
And whoever is ruled upon with other than the SharT'ah of Muhammad; if it necessitates him to permit
what is unlawful or make unlawful what is permitted in the (Islamic) law, then it is not allowed for him
to accept it nor obey it. And it is upon him to reject that and to hate it unless he is compelled upon that
(action) with what is labelled as (genuine) compulsion, according to the (Islamic) law. 57 And if he is ruled
upon with what complies with the SharT'ah of Muhammad, then it must be accepted, and it is not upon
him to degradehimself by subjecting himself to their rulings, while he is able to emigrate. Otherwise,
there would bea degradationof the religion by that. And Allah says:
jiiiCij alii
4And never will Allah grant to the disbelievers a way (to triumph) over the believers. f(An-Nisa’, 141)
57 For a discussion on the definitions of compulsion, refer to "Al-Muhalla bil-Athar", Vol. 5/330, by Ibn Hazm, "Kashf
al-Asrar", Vol. 4/538, by 'Ala' ad-DTn al-BukharT, and "Hashiyat ash-SharqawT 'Ala Tuhfat at-Tullab", Vol. 2/390 by
Ash-SharqawT. And for a discussion on the conditions for genuine compulsion, look to "Al-Mabsut", Vol. 7/119, by
as-SarkhasT, and "Fat'h al-BarT", Vol. 12/390-393, by Ibn Hajar al-'AsqalanT.
32
THE SIXTH QUESTION:
[The Rulings Upon Those Who Emigrate to The Muslim Lands vs. Those Who Emigrate to the
Lands of the Disbelievers and the Effect Upon the Wealth of Both Types of Emigration]
The questioner asked: "And what is your opinion regarding two groups who heard that emigration to
the Muslim countries and living therein has a disastrous financial affect, but that living in the countries
of the disbelievers does not have this disastrous financial affect, rather it only destroys the religion?
Then one of the two chose to travel to the Muslim countries and chose the destruction of wealth in
order to ensure the preservation of his religion, while the second travelled to the countries of the
disbelievers and chose the destruction of the religion over wealth. What is your opinion regarding the
faith of these two and in what state is their faith? And is a person sinful if he labels the one who
travelled to the countries of disbelief as a 'hypocrite'?"
Answer to the Sixth Question:
The answer: He, said:
^ ijj^^!' Jljl ^plpr LA*?- Jjj jAJ «.Qj U LA?^ AA?-l*Jl Jjjj dsli”
^ Whoever wishes for the quick-passing (transitory enjoyment of this world). We readily grant him what
We will for whom We like. Then, afterwards. We have appointed for him Hell, he will burn therein
disgraced and rejected.And whoever desires the Hereafter and strives for it, with the necessary effort
due for it while he is a believer, then such are the ones whose striving shall be appreciated, thanked
and rewarded (by Allah)MA\-lsra’, 18-19)
So what a difference between the one who chose the life of this world and its adornments then reaches
to the country of disbelief in order to gather its vanities and raise its flags,versus the one who chose the
everlasting hereafter. So he was patient upon its afflictions and its hardships. Allah, J?-j /■, said:
AJJi UIaJi ‘j&rj AAAs teiLpi <l)|j f ^s- AAJl uJu ^ ytd'ty
jwjl cMI jA
4And among mankind is he who worships Allah as it were, upon the very edge (i.e. in doubt); if good
befalls him, he is content therewith; but if a trial befalls him, he turns back on his face (i.e. reverts back
to disbelief). He loses both this world and the Hereafter. That is the evident /oss.«(AI-Hajj, 11)
This was revealed regarding people from the Bedouins who would enter Islam and then come to the
land of emigration, AI-MadTnah al-Munawwarah. Then if it coincided with a year of strong rain, and their
horses had given birth and their wives gave birth to a male, he would say: 'This is a righteous religion,
33
otherwise he would turn back on his heels and say: 'This is an evil religion.' AI-BukharT “narrated in his
"Sahih" saying: 'A Bedouin entered Islam and emigrated to Al-Madmah. Then soon after he became
feverish so he said, 'O Muhammad, release me from my pledge of allegiance,' but he refused. Then he,
j iii J-e, said: 'Verily, Al-Mad?nah is like a smelting furnace; it expels its impurities." - End Quote.
So whoever resides in the land of Islam, then he has done the right thing. But whoever emigrates to the
land of disbelief, then he has earned Allah's anger (due to that),because of the forbiddance of him
emigrating there, as well as the corruption of his heart with thisvile belief,which resembles the (words
of)past disbelievers:
ifjlLi ill IjJlijj
4They said: "For us, we see an evil omen from you. "«(Ya-STn, 18)
Uui
/ 0 > > » % l 6 ' ' ' * ? > 0 ? ✓ "'ts 0 } 0 * . ^
•UP yye Ujj ill jjsj 'jjJaj , t u]j<i
4And if evil afflicted them, they ascribed it to evil omens connected with Musa and those with him. Be
informed! Verily, their evil omens are with A//d/i.«(AI-A'raf, 131)
And labelling the one mentioned as a hypocrite; if what is meant by that is the hypocrisy of action, with
the intent of deterring and being harsh, then there is nothing wrong with that. As 'Umar ibn al-Khattab
said regarding Hatib, Ail y. "Verily, he is a hypocrite! He has betrayed Allah and His
Messenger." 59 But if what was meant by it was the hypocrisy in belief, then it is forbidden because no
one sees it except Allah, So that would be forbidden, because; did the one who said so tear open his
heart? 60 And Allah knows best. 61
58 "Sahih al-BukharT", (#1,883), (#7,209), (#7,211), (#7,216), (#7,322), and "Sahih Muslim", (#1,381) and (#1,383), all
from Jabir ibn 'Abdillah, in j, all with similar phrasings; some with the full story and some with only the final
sentence. All but one narration states: "It expels its impurities and decontaminates its purities."
59 This is actually a combination of two narrations of the story of Hatib ibn AbT Balta'ah, in The first mentions
'Umar saying, "Leave me to strike the neck of this Munafiq (Hypocrite)." This was narrated by AI-BukharT in his
"Sahih", (#3,007), (#4,274) and Muslim in his "Sahih", (#2,494). The second narration mentions 'Umar saying, "He
has betrayed Allah, His Messenger and the Believers, so leave me to strike his neck." And was narrated by AI-
BukharT in his "SahTh", (#6,259), (#6,939) and (#3,983).
“Referring to the commendation of the Messenger of Allah, U* in who said to Usamah ibn Zayd,u*»in
when the later killed a polytheist after he had apparently declared the testimony of faith in order to spare himself
from Usamah's sword: "Did he say/La llaha Ilia Allah',yet you killed him? 1 Usamah said, 'O Messenger of Allah, he
only said it out of fear of the weapons.' The Prophet, U* in J-p, replied: ‘Did you tear open his heart in order to
know if it said it or not?' - Narrated by Muslim in his "SahTh", (#96) on the authority of Usamah ibn Zayd, u^in^,.
61 And it appears from this discussion by Imam al-Ahdal, may Allah be merciful to him, that he held this statement
of 'Umar towards Hatib, u^iiVJn his accusation of hypocrisy, to be a minor form of hypocrisy in action only, based
on the fact that major hypocrisy of the heart cannot be seen. However, it is noteworthy that other scholars held
this statement of 'Umar towards Hatib, u^in as being a form of TakfTr, which would only be made in the case of
major hypocrisy. And although 'Umar was mistaken in that judgement towards Hatib specifically, his judgement
34
THE SEVENTH QUESTION:
[The Funeral Prayer of the One Who Claims to be from the Community of the Christians vs.
the Funeral Prayer for the One Who Claims to Belong to the Community of the Muslim
Kingdom]
The questioner asked: "And what do you say if two funerals took place where one of them was
for a man who claims that he was from the 'subjects of the Christians'while the other one was
'subjects of the Islamic Kingdom', and both of them are Muslim? Which of these two do
preference to in praying upon?"
The Answer to the Seventh Question:
The Answer: The prayer upon the subject of the Islamic Kingdom is given preference over prayer of the
subject of the Kingdom of disbelief. This is because the former is superior and more just, which is well-
known. And he is given preference over the subject of the Christians, even if he was a jurist, whereas the
subject of Islam was not a jurist, because his comprehension did not guide him to the truth. And
whoever increases in knowledge, but does not increase in piety, then he has not increased except in
distance away from Allah. However, assuming that the subject of the disbelievers was compelled and
weak and was unable to emigrate, then he is equal to the subject of the Muslims, and that is apparent.
And Allah knows best.
a funeral
from the
you give
upon betraying Allah and His Messenger, being a major form of hypocrisy would be correct. As Ibn Taymiyyah, may
Allah be merciful to him, said:
"And the permissibility of executing of the Zindiq, hypocrite without being given the opportunity to repent is
indicated by what was narrated in the two Sahihs, in the story of Hatib ibn AbT Balta'ah. He said: 'So 'Umar said: 'O
Messenger of Allah, allow me to strike the neck of this hypocrite.' So the Messenger of Allah, U* it J-e, said:
'Verily, he participated in Badr. And what would tell you? Perhaps Allah looked at the people of Badr and said: 'Do
whatever you wish, as I have forgiven you.' So it indicates that the striking of the neck of the hypocrite without
being given the opportunity to repent is legislated, as the Prophet did not condemn 'Umar in permitted the striking
of the neck of the hypocrite. Rather, he replied by saying that he was not a hypocrite, and that instead, he (i.e.
Hatib) was from the people of Badr, who had been forgiven. So if hypocrisy, in which there is no doubt that it is
(truly) hypocrisy) becomes seen, then it permits the blood." [Look to "As-Sarim al-Maslul 'Ala Shatim ar-Rasul", by
Shaykh al-lslam Ibn Taymiyyah, Vol. 3/663-664]
35
THE EIGHTH QUESTION:
[The Ruling Upon the One Who Turns Away From the Ruling of Islam in Favour of the Ruling
of the Christian Laws]
The questioner asked: "And what is your opinion regarding the one who had a dispute and he seeks the
ruling of the Shari'ah, and the judgment of the SharT'ah is applied to him, but the other one says, 'I am
from the 'subjects of the Christians' and I want the ruling of the Christians.' Then what do you say? Is his
wealth permitted and is he an apostate, or not?'
The Answer to the Eighth Question:
The Answer: If the (Muslim) subject of the Christians said that, while hating the ruling of the SharT'ah
and permitted the ruling of the Christians, then he has disbelieved and has become an apostate, upon
whom the rulings of apostasy, which have been approved in their place, are to be implemented. But if
he said that without any intention, nor making it permissible, then he is a Fasiq (wicked sinner) who is to
be disciplined with whatever the ruling of the pure SharT'ah sees fit. 62 And His, Jsrj j*, statement was
held upon the first category:
62 The rule: "Permitting What is Forbidden is Disbelief" is correct and relevant only in matters where the action,
statement or belief under discussion is a sin, which is less than disbelief, in-and-of-itself. So for instance, when it
comes to drinking alcohol, committing fornication/adultery or theft - if the accused holds those sins to be
permissible, then in addition to being guilty of the actual sin itself, he has disbelieved (due to his view that this sin
was permissible). However, if the accused does not hold the sin to be permissible, then he is only guilty of the sin
itself. However, in matters where the action, statement or belief under discussion is disbelief in-and-of-itself, then
the one guilty of committing it has disbelieved, regardless of his opinion regarding its permissibility. So for
instance, forming allegiance with the disbelievers against the Muslims, belittling Islam in some way, or seeking
judgements and rulings other than those of the Islamic SharT'ah - these are examples, which are disbelief in-and-
of-themselves. And therefore the opinion of the one guilty of committing such things, regarding their permissibility
becomes irrelevant because he has already committed disbelief.
The jurists have disagreed upon the rulings of certain actions and whether or not these actions are considered to
be disbelief in-and-of-themselves. One typical example is the abandonment of prayer. There are some who held
the abandonment or prayer itself to be disbelief and there are others who held that abandoning prayer only
reaches disbelief if the accused does so, due to his opinion that it was permissible for him to abandon the prayer
(or that the prayer was not obligatory). And even though the evidence of the SharT'ah points to the abandonment
of prayer as an action of disbelief on its own, it is not unusual to find statements of the jurists where they add the
condition of permissibility to this sin in order to label it as disbelief. And this is what Shaykh 'Abd Allah al-Ahdal,
may Allah be merciful to him, did above in his discussion of seeking rulings other than those of the Islamic SharT'ah,
as he has made the disbelief of this action to be conditional upon the opinion of permissibility by the one who
commits it.
However, the correct opinion is that seeking judgments and rulings from other than the SharT'ah is an action of
disbelief in-and-of-itself, regardless whether the one who does so believes that non-lslamic ruling to be better,
equal to, or merely allowed to seek instead of the Islamic SharT'ah. And the reality is that even the evidences
36
^U»L*J Ij*A~~jj C~4a3 ui brj^>- it g,«ail Ij.G*j j*j gn; yy-it U~3 0 j^ji klkjj *>li<!
«But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all
disputes between them, and find in themselves no resistance against your decisions, and accept
(them) with full submission.^(/kn-N\sa’, 65)
Ibn AbT Hatim 63 and Ibn Mardawayh narrated from the path of Ibn LahT'ah from Abul-Aswad, who said:
"Two men took their dispute to the Messenger of Allah, (*JL>j <0*. Ai jl», so he judged between them.
brought forth by the Shaykh in this answer indicate this. This is because the action itself is disbelief, and so the
condition of permissibility is irrelevant to this action, which is disbelief in-and-of-itself. And due to this, most of the
scholars described the action itself as disbelief, without adding the condition of permissibility upon that action. (In
fact, in an upcoming paragraph, the Shaykh quotes his ancestor who himself refers to this action itself as a form of
major disbelief, and he did not mention any condition of permissibility.) For instance. Imam 'Abd al-Latif ibn 'Abd
ar-Rahman, may Allah be merciful to him, was asked, about that which the people of old-fashioned customs - from
the Bedouins and others - judge with, from the customs of their fathers and their grandfathers. Are they labelled
with disbelief after they have been made aware?" So he answered, "Whoever seeks a judgment from other than
the Book of Allah and the Sunnah of His Messenger, |JL>j U* in J-p, after it has been made known to him, then he is
a disbeliever. Allah, Jw, said:
And whosoever does not judge by what Allah has revealed, such are the Kafirun.
And He, Jw, said:
Ail jji jjti
Do they seek other than the religion of Allah..." - the verse.
And He, Jw, said:
(a, oi yS a' alia y Jalii Jjj' Uj ' y *' a y_ ^jI)' y (*J'<
Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and
that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false
judges, etc.) while they have been ordered to reject them..." - the verse.
And He, Jw, said:
jiilaj' ibi ai Si j»*>j i«' js* ^
And verily. We have sent among every Ummah (community, nation) a Messenger (proclaiming): "Worship Allah
(Alone), and avoid (or keep away from) Taghut..." - the verse. And the verses which carry this meaning are many."
- Look to "Ad-Durar as-Saniyyah Fil-Ajwibah an-Najdiyyah", Vol. 10/426. This was also explained by Ibn KathTr, may
Allah be merciful to him, in "Al-Bidayah wan-Nihayah", Vol. 17/162-163, and others. The issue of ruling with and
seeking judgments from other than the SharT'ah being disbelief regardless of the opinion of the one doing so, was
discussed in detail by Shaykh 'Abd al-Karim ash-ShathiIT, may Allah free him, in his book "Fasl al-Maqal FT Anna Man
Takakama ilat-Taghut Minal-Hukkam Kafir Min Ghayri Juhud Wa La Istihlal".
63 "TafsTr Ibn AbT Hatim", Vol. 3/994, (#5,560)
37
Then the one who was judged against said: 'Let us return to 'Umar ibn al-Khattab.' So the Messenger of
Allah, (JLoj <Up iii ju>, said: ‘Yes, go 'Umar.' So when they came to 'Umar, the man said: 'O Ibn al-Khattab,
the Messenger of Allah, Up in JU>, judged against this person, so he said: 'Let us return to 'Umar', so
we returned to you.' So he (i.e. 'Umar) asked: 'Is this so?' He said, 'Yes.' So 'Umar said: 'Remain in your
places until I come out to you. Then I will judge between you.' So he came out to them holding his
sword, then he struck the one who said: 'Let us return to 'Umar,' killing him thereby. And the other one
fled to the Messenger of Allah, Up in JL», and said: 'O Messenger of Allah, 'Umar killed my
companion, and I had not evaded (him), then he would have killed me.' So the Messenger of Allah, J-e
Up in, said, 7 did not assume that 'Umar would dare kill the believers.' So Allah, Jsr j y, revealed:
But no, by your Lord, they can have no Faith. An-Nisa', 65)- the verse.
So the blood of that man became permitted and 'Umar was freed from (any blame regarding) his blood.'
- End quote. 64
And it has strengthening narrations, 65 which were narrated by Zuhaym 66 in his TafsTr and Al-Hakim at-
TirmithT, in his "Nawadir". 67
And He, said:
sots J> S> S 0 S s s s s * s s } 0 s' ' a S SS V
cM lj yS Cj jPlkll Jj \ til djJuji UlLi J jj\ Uj Uiii) Jjj' Uj I y* I j y&ji jUJ'
s * s 3> s > s y 0 *0
OllalliJl
4 Have you seen those (hypocrites) who claim that they believe in that which has been sent down to
you, and that which was sent down before you, and they wish to go for judgement (in their disputes)
to the Taghut (false judges, etc.) while they have been ordered to reject them. But Shaytan wishes to
lead them far astray. )>{An-Nisa', 60)
64 This narration was rejected by Az-Zayla'T in "TakhrTj Al-Kashaf", Vol. 1/330 and by Ibn KathTr in "TafsTr al-Qur'an
al-'Athim", Vol. 1/146.
65 Some of the narrations are as the Shaykh mentioned, and some of them mention going to Abu Bakr as-Siddiq
before going to 'Umar ibn al-Khattab, u^p in ye y Ibn KathTr mentioned in "Musnad al-Faruq", Vol. 2/576, that the
two chains strengthen each other. This was also mentioned by Ibn Taymiyyah in "As-Sarim al-Maslul 'Ala Shatim ar-
Rasul", Vol. 2/83.
66 ln our copy of the manuscript, it says "Zuhaym". We assume this is a typographical error, and what was meant as
"Duhaym", referring to Abu Is'haq IbrahTm ibn 'Abd Ar-Rahman ibn IbrahTm ibn Duhaym. This narration was
attributed to him in his TafsTr by Ibn KathTr in "TafsTr al-Qur'an al-'AthTm", Vol. 1/146, and As-SuyutT in "Ad-Durr al-
Manthur", Vol. 2/322.
67 "Nawadir al-Usul FT AhadTth ar-Rasul", under Fundamental #43
38
Ibn AbT Hatim and At-TabaranT 68 narrated, with an authentic chain, from Ibn 'Abbas, who said: "Abu
Burdah 69 al-Aslami was a soothsayer. So he would judge between the Jews regarding that which they
would dispute. Then some people from the Muslims took a dispute to him, so Allah, y, revealed:
4Have you seen those (hypocrites) who claim... f- the verse...
And Ibn Is'haq, Ibn al-Munthir and Ibn AbT Hatim 70 narrated from Ibn 'Abbas that Al-Julas ibn as-Samit -
prior to his repentance - as well as Mu'attib ibn Qushayr, Rafi' ibn Zayd and Bashir, used to claim Islam,
and then some men from their people called them to the Messenger of Allah, Ai ju>. So they (i.e.
those named) called them (i.e. their people) to the soothsayers who were the judges in the pre-lslamic
period of ignorance, so Allah, J*-j y, revealed this verse.
And these Hadiths have strengthening narrations, which were narrated by Ibn Jarir, 'Abd ibn Humayd,
Ibn Abi Hatim, and Ath-Tha'labi from Ibn 'Abbas, which As-Suyuti- may Allah, be merciful to him —
collected in "Ad-Durr al-Manthur". 71 I say: And there is no doubt that the one who said, "I want the
ruling of the Christians," has deviated and opened himself up to criticism and resembled the hypocrites,
whom Allah said regarding them:
kiLp C*j'j J ^J\j <cl!l Jjjl U IjiUc
4And when it is said to them: "Come to what Allah has sent down and to the Messenger," you see the
hypocrites turn away from you with aversion. «(An-Nisa', 61)
'Abd ibn Humayd, Ibn Jarir, Ibn al-Munthir and Ibn Abi Hatim 72 narrated from Mujahid regarding this
verse, that he said: "A man from the hypocrites and a man from the Jews disputed, so the hypocrite
said, 'Let us go to Ka'b ibn al-Ashraf.' And the Jew said, 'Let us go to Muhammad, aAp 4ii ^u." So
Allah revealed this verse. And Ibn Jarir narrated from Ar-Rabi' ibn Anas that he said: "Two men from the
companions of the Prophet, <u* in J-p, had a dispute between themselves. One of them was a
believer and the other was a hypocrite. So the believer called him to the Prophet, <0*. iii j-e, and the
hypocrite called him to Ka'b ibn al-Ashraf. So Allah, Jptj y, revealed:
68 "Tafsir Ibn AbT Hatim", Vol. 3/991 (#5,548) "Al-Mu'jam al-Kabir", (#12,045). Its chain of narration was declared
"Jayyid" by Ibn Hajar in "Al-lsabah FiTamyiz as-Sahabah", Vol. 7/38.
69 ln our copy of the manuscript, it stated "Burzah", but the correct name is Burdah. [Look to "Al-lsabah FiTamyiz
as-Sahabah", Vol. 6/434 and 7/37-38]
70 lbn Is'haq, Vol. 1/526, "Tafsir al-Qur'an" by Ibn al-Munthir, (#1,944) and (#1,947), from the statement of Ibn
Is'haq.
71 "Ad-Durr al-Manthur fit-Tafsir bil-Ma'thur", Vol. 4/515-517.
72 "Jami' al-Bayan Fi Ta'wil Ay al-Qur'an" by Ibn Jarir, 7/193-194, "Tafsir al-Qur'an" by Ibn Al-Munthir, (#1,943),
"Tafsir Ibn Abi Hatim", Vol. 3/991, (#5,548)
39
jjiilUl Cj'j J yj}\ ^Jlj 411' JJj' U IjJlii ^J Jj 'i)j|i>
<^And when it is said to them: "Come to what Allah has sent down and to the Messenger," you see the
hypocrites turn away from you with aversion.f(Art-Nisa', 61)
So the noble verse judged that the one who turns away, in other words, the one who averts from the
SharT'ah of Muhammad, is deserving of the label of Hypocrisy, and to be labelled as such, due to him
committing what contradicts the believing Muslims from following and submitting to the ruling of Allah
and His Messenger, aAp Ai ju>, in all of that which his seal (of Prophethood) came with. May Allah
cause our end (i.e. death) to be upon faith, through His favour, His generosity and His Open-
Handedness.
Amin.
In the Fatawa of the Sayyid (leader/master), 73 the eminent scholar, the best of the great researchers
until his era, (the best of) those with understanding of the Truth and those who have the best Islamic
manners, from ZabTd, 74 'Abd ar-Rahman ibn Sulayman Maqbul al-Ahdal, may Allah, be merciful to
him, has come the following phrase:
"Know that what some of the tribes in the area of Al-Hijaz follow from the customs, which contradict the
(Islamic) law, and likewise which other tribes than theirs follow; the Imams of Islam and the guiders of
the people have spoken about them. And a question regarding that was raised to the MuftT of his era in
the Yemeni states, the Walt (Ally of Allah), the eminent scholar, Yusuf ibn Yusuf al-Muqri' and the one
who initiated it, was the eminent scholar, Taqiyyud-DTn al-FatT, the MuftT of Ar-Rawdh. And he, along
with a large group of scholars from ZabTd declared the aforementioned answer of Al-Muqri' to be
correct. From them was Al-Fakhr al-NashirT, Al-Jamal al-Qimat and Al-Jamal az-Zayla'T. And from the
scholars of the mountains, Al-Jamal an-NaharT, the author of "Al-Kifayah", and others."
"And the summary of the answer is that the customs of the tribes, which are well-known amongst them,
and which they label with names that they have made up, along with inventions which they have
fabricated and which oppose the SharT'ah, and whoever judges with them or holds them (upon someone
else), then he is outside of the religion; cornered in Hell-fire along with the misguided ones. 75 And
whoever believes in the validity of that, then he is a disbeliever without doubt, whose blood is permitted
with its conditions. And it is not allowed for anyone from the people of the religion to remain silent
about that. Rather, it is obligatory to object to whomever participates in that, or speaks (in favour) of it.
And it is not allowed to take judgements to it (i.e. those customs) and Allah is more knowledgeable
regarding what is good for His slaves. And that was only given (to people) by the disbelievers and the
73 ln his review of this translation, Shaykh Anwar al-Awlaki, may Allah preserve him, explained: "In Tihamah (the
land of the Shaykh) 'Sayyid' is the title given to the scholars who are from the descendants of the household of the
Prophet, (A-’j U* in J-p. 'FaqTh' is the title given to scholars who do not belong to Ahl al-Bayt."
74 ZabTd: A city on Yemen's Western coastal plain.
75 And here is the statement of the author's ancestor, may Allah be merciful to them both, which was referred to in
an earlier footnote, where he did not place any condition of permissibility upon the major disbelief of ruling by
other than the SharT'ah of Allah or seeking rulings other than those of Allah's etc.
40
ignorant ones from the heretics. And they threw that to their devils, in order to lead them to their
destruction and they claim that they by doing so, they seek to rectify the matters and to repel any
tribulations and evil. So with that, they (those who invented those customary rulings) expel them (the
followers of those judgments) from their religion, just as the Shaytan expelled the people of polytheism
(out of the religion) through worshiping idols by making images of their Prophets and later on,
worshiping them. 76 So we ask Allah for safety, as Allah has originated the creation and legislated for
them certain responsibilities in which there are the benefits for their religion, their worldly life and their
hereafter. So what is obligatory upon the Muslim rulers, upon the active scholars, and upon the general
public who follow the religion of the leader of the Messengers (i.e. the Prophet, aAp in j-p), is to
reject that (fabricated law), to remove it, and to deter them away from it. And it is not allowed for
anyone who has the ability (to publicly condemn that) to remain silent about that, or to be tolerant of it,
because it is from the greatest of objectionable matters." - End quote.
So if that were regarding the customs, which the people of Islam innovated, then what do you think
about the laws of the transgressing disbelievers?
And with the praise of Allah, what I wanted to convey regarding these questions is complete. And all
praise is due to Allah, foremost and lastly, inwardly and outwardly. And may Allah send blessings and
peace upon our master, Muhammad and upon his family and companions. And there is no power nor
might except through Allah, AI-'AIT (the High), AI-'Athim (the Great).
And on the day in which I completed the explained answer, during the night, while sleeping, I saw the
Prophet, (►JL’j aJp in J-p, while myself and my brother, the Sayyid (leader/master) Hasan were in front of
the Messenger and the questioner was upon the right of the Messenger, swaying back and forth, like
the branch of a tree. And the appearance of the clothing of the Prophet ,^ in J-f, resembled
Kurdish clothing. So that indicated the acceptance of the answer and the question. 77
O Allah, give victory to the Muslims and grant them success in what is correct.
76 Referring to the HadTth narrated by AI-BukharT (#4,920) from Ibn 'Abbas, u**in^„ who said: "The statues which
were amongst the people of Nuh, ended up with the Arabs." - until he said: "They were names of righteous men of
the people of Nuh, then when they died, the Shaytan revealed to their people that they should erect structures
upon the places where they used to sit and call them by their names. So they did that, but they were not
worshipped. Then when those ones passed away and the knowledge was removed, they were worshipped."
77 ln his review of this translation, Shaykh Anwar al-Awlaki, may Allah preserve him, explained: "The fact that the
questioner was on the right of the Prophet, Up in J-p, is a good sign of the virtue of the questioner. And the
Imam and his brother in front of the Prophet, |JL>j Up in J-p, is a sign of following the Sunnah of the Prophet, in J-p
Up, (The opposite is true: If someone sees the back of Rasul Allah, Up in J-p, or has his back turned
towards Rasul Allah, Up in J-p, then that is a sign of going against the Sunnah)
The clothes of the Kurds: Apparently Muslim soldiers in the time of the author used to wear uniforms similar to the
dress of the Kurds. If this is true it would be a sign of approval of their efforts to see the Prophet wearing the same
clothes as theirs."
41
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46
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