The Islamic Ruling Of Working Under A ‘Kufr ’ (Disbeliving) Government. ن الرحيمه الرحبسم ال Indeed all praise is due to Allāh (swt) whom we praise, seek help from and guidance. We seek refuge in Allāh (swt) from the evil of ourselves and the evil of our actions. Whosoever Allāh (swt) guides none can misg misgui uide de and and whos whosooever ever He (swt (swt)) misg misgui uide dess and and lea eave vess to be misguided misguided none can guide. And I bear witness that there is no god but Allāh (swt); He is alone without any partners. And I bear witness that the Prophet Muhammad (saw) was His servant and messenger. Allāh (swt) says in the Qurān,
ن إ ن آالذ أ أ ّ وت ت ته قُ ته حوا اتقوا الآ وس س مأ أ “O you who believe! Fear Allāh as He should be feared, and die not except in a state of Islām.”1
To proceed. Indeed the most truthful of speech is the Book of Allāh (swt) and the best of guidance is that of the Prophet Muhammad (saw). The most evil of affairs are the newly invented matters of which all newly newly invent invented ed matters matters are innovat innovation ionss (bid’ah). Each ach and and ever everyy innovation is misguidance and every misguidance leads to the fire.
اس طر السف ،رافيإ ي ئييك ر رج مل ا ل ي في د دع كم بين عت أ أ ،دةش الش ي لم الغي ع،ضا ا ،ب ب ل ن ال فيه خ اخل ل ا ا ،و وا فيه قيمس ا ء إلى صران تش ت ت إ إ. ‘O Allah, The Lord of Jibra’il, Mika’il and Isra’fil, The Originator of the heavens and the earths, The Knower of the unseen and the apparent, You shall judge between your slaves as regarding that which they have differed. Guide me to the truth of what they have differed in by Your will. For indeed You guide whom You wish to the upright path’
This topic is among the many topics that has divided the ummah into three camps. You have two at the two extremes while the third in betw etween them. Those with the ‘khawaarij’ ideology or havin ving 1
Surah ale-Imrān 3:102
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inc inclina linattions ions towa toward rdss them them conc concllude ude that that sinc sincee the syst system em or Government is a disbelieving one, then it is completely not allowed for anyone that believes in Allah (swt) to take up any kind of work directly under it. Anyone that takes up any form of work under it, they pass the judgment of ‘kufr ’ (disbelieve) on him. The ‘murjiah’ and those having inclinations towards their ideology on the other hand believe that although the system is a disbelieving one, we can’t today say that every one that takes up any kind of job under it is a kafir . Rather, we look at the heart of everyone in the system; if he intends to do kufr then he becomes a kafir otherwise, he still remains a believer no matter which kind of work he has taken up with the kufr system. The path which is between the two, the path of Ahl-Sunnah Ahl-Sunnah Wal Jama’ah believe that from amongst the works are some that take one out of Islam even if the person that does the work did not intend going out of Islam (because that work is from amongst the nullifiers of Islam). Some are classified as ‘haram’ (forbidden) which does not take its doer out of Islam as long as he does not make it ‘ halal’ (i.e. justify the work by seeing nothing wrong in it and to accredit, authorize or approve participating in it.). Some are seen as ‘makruh’ (discouraged) while others are seen as ‘mubah’ (allowed). You You shou shoulld kno know that that the scho schollars ars of AhlAhl-Sunnah Sunnah Wal-Jama’ah Wal-Jama’ah generally dislike and discourage Muslims taking up jobs under the disbeliever or any disbelieving system or government. This is because of a lot of reasons some of which are; Allah (swt) says; {
َ َن ظ ِ د ُن د ذِ ّى الَلُِوا إ َ رْ َ تَ ّم الْ ُسك َ فَ واُ ّ ْ ِ مْ ُكَ لَ َ ُ ََ ذ َ ّ]ال. 113 :ود] { رُ ُ ت مّ ُ ثَءَيِل ْ ن أ َ ر ْ ِ هِ َ ت And don’t recline towards the wrong doer lest you be (punished) with the fire. And then, you shall have (besides Allah) no guardian nor will you be helped.
اليسير ي يو ال و والر :ر :سرل ال . The scholars of tafsir say; reclining means a little l ittle inclination.
دب ب - مير ئ ئسال ذ ذرال ح أح ا ا ّال َ َ ،م يهه عى اله صه أِ يص ِ ْ عَ ن ْر بِ ِبجَ ن ْ عَ - ي ِ َ ّال َ َعَ )أ:ة َ س َ َ ،(ِء َ َ ) : َ :َرةَ ْ عُ ن ْ َكِل ة الِ ََ ِن إ ْ ِ هُ ِ ِ ْ ب 2
َ س َ َ ،(ءِ؟ َ َ ُ )أ: ََقْ َ ، َ ِ َ ُووُك َ ُراءَ ُ ْ َ ب ة الُ ََ ِإ مْ أَ مْ ّ س َ س َ و ُ َعَ ُ َ ّ ص ُ ِ ب ْ َ َ ،ِْ َ ِب ْ َ فَ ،ِ َ ن ِذبِ َكِم بْ ِ ُ َ عَ اُردِ َ َ ،مْ ُْى ظَع َ َ ِ َ ِ سوا فَ مْ ْ َِل ِ ُ س ُ ْ َل ُ ْيَ ل ّ ِ ُْى ظَع َ مْ ْ م؛ْ َ مْ ُ مْ َن ل َ َ ، وْ حَ ِ ُ مْ َل ْ ِ ِ ُ ُ ْ َ ِذبِ َكِم بْ ِ ِ ُ فَ ...). َ عَ اُردِ َي َ ِ ََ أَ ِ َِل ْ ِ وْ حَ َ َ ،مْ ُ ّ
Imam Ahmad, At-tirmizi, An-nasaa’I, and others transmitted with an authentic chain on the authourity of Jaabir bn Abdullah (ra), that the He (saw), said to ka’ab bn ujrah: (May Allah fortify you from the leadership of the foolish), he said; (and what is the leadership l eadership of the foolish?), He (saw) said; (rulers that will come after me, they don’t take after my guidance nor do they emulate my sunnah. Whosoever believe them in their lies and help them in their oppression, such are not from me and I am not from them and they shall not meet me by the pond. For those did not belive in their lies and didn’t help them in their oppression, such are from me and I am from them and they shall meet me at the pond.2
رفوراء تأ يكوو) :م :م يهه عى الص مل لن خ م مزلن اع مبذ نف ،ر كرت ) He (saw) said; (there shall be leaders which you shall know and disown and disapprove of. The one that opposes them will wil l be safe, the one that isolates from them will be sound, and the one that associates with them shall be destroyed.3
و : ع ه عال ي ي ب أب رةر ب ع ن أب ،ء راءيكم أتين علي) ::م م يهه عى اله صال نف ،ي يوا ة عنل ال ر ؤخر ل ال ا را و قربو ً بيج ً رطي ً ر ن عركو ف م؛ ف ل ل د أد ً خ )خ Abu Hurairah and abu sa’id (ra) said; the Rasul (saw) said; (soon, will appear upon you some foolish leaders. They shall draw close to them the worst of men and they shall delay the salaah away from its time. Anyone that meets them should
This hadith is not in anyway referring to the rulers that have left Islam by preferring Democracy Democracy other than Islam. Islam. For we know from another another ahadith ahadith that those those that will not meet the Rasul (saw) at al-kawthar are the people of bid’ah and not kufaar . To proof that show the kufr of one that rules willingly with other than the Shariah are much. much. Please refer to the book “Al-Sirat” “Al-Sirat” by Abdullah Abdullah Ya’sin. Ya’sin. This book brings the statement of 49 scholars of the ahl sunnah wal jama’ah on the issue and leaves the reader to judge for himself. 3 At-tabari and others narrated it with a sound chain. 2
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never be an ‘arif’ (an position of authority like being a corporal, monitor, etc), nor should he be a policeman, nor a revenue collector, nor a treasurer) 4 Al-Maqdisi (hz) said; on commenting on this hadith;
هأ ي ليب ،ًح بواًرا ار لم و وس س راءا ء اؤف م لمف ،ميع ر رلم بر م لم يهه عى الص ك الك ر تشر ب لوا با ا لى وا أحك َ َه تال ك ن مرعوا ل ،هء لر ر مسأ ن أ واج ج ،س الس ل ال ر ر ل م الئ م جرائأع ،هبه ال لم نل ال ل ال ن ًيرات ت مراف ً ي م بي يهه عى الص ر ؤخر ل ال ا را و قربو مو و ؛ئالوظ ب م بع ع ،ل لم بل و وا ق فق ، ة عنل ا ل ُع م أأ و ًرفوع ب رُ خ ؤَ ُ ُراءَ َ أيكو هإ) : أب ح ح ف ف َ ر ف ف ،مئ ثم ائ ْ وَ ِ لَة أأ ي يوا ن ِ َ ْ عَ َة ّ ال َ َف ّ ا ل َ َ تص مْ إإ ، َ َ يص َ ْ رَ حْ أْ َ واص وا ُ َ َ فِ َ تت ك )فك. ً “These Muslim leaders here mentioned have not perpetrated clear disbelieve, because he (saw) didn’t order the (Muslims) to revolt against him. (These leaders have not incapacitated the Shariah of Allah nor have they replaced it with vile laws of the disbelievers, nor have they placed themselves as partners with Allah such that they legislate in the (way of life of people) what Allah has not revealed. The worst of crime mentioned (against them) that made he (saw) advice people to run away from such positions is just because; they bring close to them the worst of people and they delay the sallah away from its time. Although they usually pray or deputise others to lead people in prayers as was mentioned in the hadith of Abi Dhar (marfuan) (there shall soon be foolish leaders that shall delay the salaah away from its time. You should establish the sallah at its right period then come to them. If you meet that they have prayed, you have guarded your salaah, otherwise (ie if you meet them praying or about to pray), pray with them and the first one will be recorded as a naafilah)” 5
را أظم إل عن ال ل ال ف فر فابن ح ف فل ال و قو ل ال يهع ي م القيس ىع ) هب ب ً بواحًرا و ن :س :س أ ث ث ث لل ف ف ل ال ر أ (ه (ى عزلهع ن تت رةل يه الع ج ج زن ع ،واه الف ل ل ىع ثميه اف ن فن دا ،ضا ا. Transmitted Transmitted by Ibn Hibban, abu Ya’la and at-tabari at-tabari in muajamu muajamu saghir. saghir. And khatib khatib Baghdadi in tarikh Baghdad with an authentic chain (10/284، 12/63) 5 Transmitted by Ahmad and Muslim. Sahih. 4
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ك حك ا (13/123) ل ال ف ف ف فل ال ج اج إ إ ن ذا ي لي ل ل ي صيت ت ل لن بل ر ال ي ي ي بي ي حي (،س س الز) ب ب ف ف.
Hafidh ibn Hajar (rh) said in fathul baari as regarding the ruler that has clearly perpetrated kufr; “(it is compulsory on every Muslim to stand s tand against him and work towards forcefully deposing him) he mentioned that people as regarding such situations are in three groups; the one that is able on forcefully removing him, this person has a (great) reward. (The second is) the one that is not able to forcefully remove him, on such, it become compulsory on him to leave that land. (The third is the one) that (flatters, compliments or bootlick), on such is a (great) sin.” 6
To summarise, we present the statement of Hafidh ibn Hajar (rh) in his comment on the hadith mentioned by Imam Bukhari in his Sahih (Book of Leasing) under the chapter (should a Muslim hire himself to (or go under the employment of) a ‘mushrik 7’ (a polytheist or a disbeliever) in the land of war? (i.e. The land that is at war with Islam and Muslims)?
ف ف ،ي ي ً ج ) : هه عال خ عن خ :ق :فق ،ق ه أتقتيف ،ع ع ل لج جف ،ائ ابن ل ل ىه حال أ أ :ق :فق ،ب ر بى تكح ي يأ أ هال ،م : ؟و ثم ي يل إ إ : ،ف ت ثم ت و وت ه ال ز ز ف ف ،ي ف ف لل مّ َ ثل يكوو هف ف ً ن تب ر ب ذ الذ أ أفرأ} :ى :لىت ت ت ت تي ت .ًال on the authorithy of Khabaab (ra), he said; (I was a (black smith) and I worked for Aas bn Waail. My money became piled up with him. I then came to him demanding my wages he owes me and he said; ‘I will never pay you by Allah until you disbelieve in Muhammad (saw). I then said, (I will never disbelieve in him even until you die and are resurrected). He said; ‘you mean I will die and then be resurrected? I said yes. He then said, then (i.e. when I am resurrected), I will still have my wealth and my children. So I will pay you then. Then the
Al Fathul Bari sarh sahih Bukhari. (13/123) According According to the understanding understanding of the pious predecessors, predecessors, they see kufr and shirk as same. For any one that falls into shirk has committed kufr and vice-versa. An example to clarify this is the hadith of tariku-sallah. The Rasul (saw) described this act as shirk in some ahadith while he described as kufr in some others. Please refer to tahzeeb of sharh of aqidatu at-tahweiyah by Shaykh AbdulMunim Mustapha Halima (hz) for more details. 6 7
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verse was revealed; haven’t you seen the one that belies Our signs and say ..…
According to Hafidh (rh) this occurred in Makkah and at that period, it was still a dar-ul-harb and because of this incidence, a verse was revealed. The Rasul (saw) was aware of it and he approved of it. ًكون مقي اد ل أنت ح ت - جوازا أ أ - ك كب ف بصاا ج ج ) :"ت :"تاا" حجر ب ل اب ؤمال اإذ د مر بعدا ه هب بم م ،يشرال ات ذ نا ن ذ واز ذ أن أ أ ،ةر ضربب .(س .(س ،ة بشرطير ضر إ إ - ي يشراد ا ع عا أ أ - ذ ذ ع عا أ أ ر ر) :و :و ّهاا ق ق ث ث (ي (يس ساى ا ر ر و عو م ى م ي عي خر؛ أنا ،ع ع س س ي ي كون ؛ أند أحد
ibn Hajar (rh) said; “…. And he the
writer (i.e. Bukhari) didn’t resolve on the ruling of approval because of the possibility of –the approvalbeing conditioned by necessity, or (of the possibility of this ruling (of approval)) being only before the injunction of fighting the mushrikeen and opposing them was revealed, or (of the possibility of it) being before the (injunction) of preventing a believer from humiliating himself (was reavealed)” he (i.e. ibn Rajab) then quoted al Mahlab thus; “the scholars detest this -i.e. working under the mushrikeenexcept for (cases) of necessity but with two conditions. The first condition; that the work should be a kind of work that a Muslim ordinarily is allowed to do, secondly, that he should never partake or assist in anything that its repercussion will translate to harm on the Muslims.8
أ أ - مي يحوا ف ف ذ الذ أ أ ع ع ل ال ا جوا ق ق ثم هكين لخ خ ا ا ا دا ف ف و يشو نم الذ ذ الذ – ر رص م ص عنز زال و و he then quoted the approval of the scholars on working with ‘ahldhimmah’ (the disbelievers that leave under the authority of the laws of the Islamic state and pay jizyyah while they are humbled).
In conc conclu lusi sion on,, wo work rkin ing g in any any capa capaci city ty unde underr the the kufr laws laws or government is disliked but allowed with the following conditions; 1. That the the work must not be a form form of assisting assisting the the government government in wrongdoing.
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Fathu Bari (4/452)
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2. That the work must not be a form of helping kufr or the kufaar
against Muslims nor should it be a work that exposes the secrets of the Muslims to the kufaar .
3. That the the work must not not be a form form of humiliatio humiliation n to the Muslim Muslim or Muslims. Finally, Shaykh Al-Maqdisi (hz) says; “… working under the mushrikeen is disliked except in instances of necessity with the condition that the work is not a form of disobedience to Allah. It shouldn’t be said that we forbid (i.e. make haram) all forms of work or employment. Rather, (we say);
The work that entails assisting, establishing and confirming their man-made man-made laws and their vain legislation legislationss or entails entails connivance connivance on it, then such a work is kufr.
The one that entails disobedience, then this kind of work is haram.
The type that is neither of the two above, we don’t say anything except that it is disliked. And we declare it as being disliked because of the fear that the Muslim may be dominated (by the kuffar ) and thus his right be denied and he will be weakened and be forced to do some sometthing that pleases ses them (i. (i.e. the mushrikeen) in order to get his right, just as same was requested from the great companion Khabaab (ra) by the disbeliever and was denied his wages. Also, for the fear of he (i.e. the Muslim) being accustomed to the ways of the kufaar and thus (because of long mingling with them) develop an intimacy that gradually erodes the injunction of al-walla wal-baraa, the injunction of love and hate for the sake of Allah. As you have seen that when Khabaab was working with them, he was honourably and openly prac practi tici cing ng his his dee een n and and never ever did did he flat flatte terr (or (or bec becom omee apologetic) not withstanding his weakness (i.e. not regarding bein being g unde underr thei theirr auth authoority rity). ). The The one one that hat uses uses his his (i.e (i.e.. Khabaab’s) case as prove has to consider his aforementioned situation.”9 Allah (swt) knows best.
Abu Khadijah
2nd Dhul Hajj 1430AH 9
الجزيرة ه أه ئ ى أسئالرد ع ف رة فح المنبالمص
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(20th November 2009)
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