Taking help from Kuffar

3:28 Let not the believers Take for friends or helpers Unbelievers rather than believers: if any do that, in nothing will there be help from Allah. except by way of precaution, that ye may Guard yourselves from them. But Allah cautions you (To remember) Himself; for the final goal is to Allah.


The chapter in al-Bukhari reads: “Employment of the Mushrikeen upon Necessity or When the People of Islam cannot be Found”

Ibn Hajar then says afterwards on 4/442:

‘This entry shows that the author (al-Bukhari) believed in the abstention of employment of the Mushrik, whether Harbi or Thimmi, unless there was a need, like when it is hopeless to find a Muslim to suffice (in the situation).’

'Ibn Battaal said: ‘The rank and file of the Fuqahaa approved of their employment whether there was a need or not when there is a sense of subservience (for the Mushrik), and to abstain (from that) only when the Muslim employing himself to the Mushrik means subservience for the Muslim’.'- end quote.

Ibn Hajar also says in Fath al-Bari 7/474:

‘And that which is clear is that the intended meaning of ‘Faajir’ is more general than being a Disbeliever or criminal, and it does not contradict the Hadith: “We do not seek the help of the Mushrik” since it is attributed to whoever would display Disbelief or it is abrogated (altogether)’.

Al-Manawi in Faydh al-Qadir 2/328:

“Indeed Allah, Exalted is He, aids this Deen” meaning, the Deen of Muhammad, proved through his statement in the following report: “Indeed Allah aids this Deen, even if through the wicked man” and the ‘laam’ is for the security and the authority of the man mentioned, or for the category (of person), and it does not contradict the following report of Muslim: “We do not seek the help of the Mushrik” since it is specific to that time and proof of the abrogation is the witnessing of the battle of Hunayn by Safwan bin Umayyah as a Mushrik just as Ibn al-Munir said."

Al-Ayni says in Umdat ul-Qari 22/162:

'At-Tahawi said: ‘The fighting of Safwan alongside the Prophet SAWS is by his preference and does not contradict the Hadith: “We do not seek the help of the Mushrik”.'

Ibn Abd ul-Hadi says in Hashiyat alaa Ibn Majah 5/451:

“It shows that seeking help from the Mushrik is prohibited in lieu of the absence of necessity since necessity is the exception; thus whatever is done out of necessity does not contradict it, and Allah knows best.”


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Question: Can we seek help from the Mushrikun if we are in a weak condition?

Response:
Some people believe in seeking help from America and western states for jihad in Afghanistan, and seeking help from Russia against Jews in Palestine. This type of assistance is Haraam by the agreement of the scholars of Fiqh and it forfeits the ultimate aim of jihad. There are several apparent contradictory hadiths on this subject. The following are hadiths that forbid seeking help from Kuffar.

Hadith in sahih Muslim: He (saw) said to a Mushrik on the Day of Badr, "Get back, I will not accept the help of a Mushrik." Another hadith: "We do not seek help from Mushrikun against Mushrikun." Reported by Ahmad and at Tabarani. Haythami said in Majmuat az Zawayd: "The men Ahmad and at Tabarani are trustworthy." And there is a sahih narration that Safwaan Bin Umaya fought alongside the Prophet (saw) and he was a Kaffir.

An Nawawi said, in Tahtheeb al Asma wal Loughat 263: "The Messenger of Allah (saw) borrowed on the Day of Hunayn the shields from Safwan Bin Umaya." He (saw) said to him, "this loan will be returned to you". Sahih hadith reported by AI Hakim. See sahih al lamia 3862. It is well narrated by the Biographers that Qasman marched out with the Prophet (saw) on the day of Uhud and killed three flag bearers of the Mushrikun. The Prophet (saw) said of him: "Allah may support this religion by an evil man."

Consequently, because of these apparent contradictory hadiths the scholars differ as to how to reconcile them. The seeking of help from the Mushrikun was forbidden but later abrogated. AI Hafiz in AI Talkhees said this is the best reconciliation, and ash Shaffie agrees.

The four major scholars of Fiqh are in agreement that seeking assistance from the Kuffar is restricted to conditions:

1) The rule of Islam must have the upper hand, that is to say, the Muslims must be stronger than the combined group of the Mushrikun from whom they are seeking help as well as the Mushrikun they are fighting. In case of the collaboration of the Kuffar against the Muslims.

2) The Kuffar must have a good opinion of the Muslims, and the Muslims must feel safe from their treachery and this is estimated from their behaviour .

3) The Muslims must be in need of the Kaffir or the Kuffar they ask help from.

Opinions of the Madhaabs

Hanafi Opinion

Mohammed Bin al Hasan said: "It is acceptable for Muslims to ask help from the Mushrikun against the Mushrikun if the rule of Islam has the upper hand." AI Jassas said: "Our peers said, "it is acceptable to seek help in fighting from Mushrikun against Mushrikun that when the coalition becomes dominant, the rule of Islam is uppermost.

Maliki Opinion

Ibn al Qasim said: "It is not my opinion that they may seek their assistance in fighting alongside with them unless they occupy servant roles, then I see no problem with this." Malik said: "It is not my opinion that they may seek help from Mushrikun against Mushrikun unless they occupy servant roles".

Shaffie Opinion

Ar Ramli said: "The Imam or second in command may ask help from the Kuffar even if they are Ahlul Harb if he knows they have a good opinion of us under the condition that we need them to serve or fight because we are few."

Hanbali Opinion

Ibn Qadamah said: "From Ahmad it is permissible to ask help from the Mushrikun, in fact it is Ahmad's opinion that the Kaffir has a share in the booty if he participated in the expedition under the Imam." He went outside of the opinion of the majority which does not allow him a share.

In Al-Kaafi by Ibn Qudaama, according to a brother :

It is haraam, even in time of Daroura, to seek the help of a kaafir from which we do not have a good opinion