IT IS HARAAM FOR PAKISTAN TO SEND TROOPS TO IRAQ TO ASSIST THE KUFFAAR U.S. ARMY
HADHRAT MUFTI TAQI UTHMAANI
After request by the United States of America, Pakistan is thinking of sending its troops to Iraq to assist the U.S. army. Is it permissible for the Government of Pakistan to send its troops to Iraq to assist the U.S. army?
In such prevalent situation when America has oppressively captured Iraq, it is impermissible for Pakistan or any other Muslim country to send its troops to assist the American military. The following reasons make this matter crystal clear:
1- By attacking Iraq, the United States has displayed immense tyranny and oppression and has violated not only Islamic laws but all sound laws and ethics. Sending forces on its request to Iraq is the same as agreeing to its tyrannical attack, and there is no need to present any evidence for it being haram.
2- After establishing its dominancy in Iraq, the United States is asking various countries to send their forces in order to makes its occupancy permanent. From a Shari’i viewpoint the situation is as such that if any non-Muslim nation attacks a Muslim nation, when necessary, it is wajib on all Muslims to defend it. And if a Non-Muslim nation occupies a Muslim country, then it is wajib on all the Muslim governments to end its occupation as soon as possible and to achieve that they should use all possible means. It is obvious that instead of bringing an end to such a tyrannical occupation, making it stronger is, without question, haram and impermissible.
3- Even after occupying Iraq and oppressing Iraq with its military might, Iraqi Muslims are continuously opposing and retaliating against the American occupancy and they have full rights to do such. At such a time, it is fardh (obligatory) on the entire Muslim world to help and fully back these Iraqi Muslims. In this scenario, sending troops under U.S. command will result in Muslim forces being made to face these Muslims. This claim that the Pakistani forces are being called to Iraq to ensure peace is admittance that they will be made to clash against Iraqi Muslims who are striving against the U.S. occupancy. To help the Non-Muslim usurpers against Muslims is clearly against the clear texts of Qur’an and Sunnah. No Muslim can have any doubts about this being haram. Qur’an clearly states:
O you who believe, do not take My enemies and your enemies for friends, expressing love with them, while they have rejected the Truth that has come to you – Surah Mumtahinah 60:1
The incident which is referred to in the verse is that Hadhrat Hatib ibn Abi Balta’a (RA) had only done this much that in hope that his relatives in Makkah would be shown leniency by the pagans of Makkah, he informed the pagans that the Muslims were preparing to attack them. (Sahih Bukhari)
Even though the Muslims did not face any significant loss because of this, the Qur’an strictly warns against such actions (Tafsir Ibn Kathir v.4 p.345) and made it a law that any cooperation and friendship with non-Muslim forces which are against the interest of the Muslims is not permissible. In the same Surah mentioned above, Allah (swt) has further clarified this matter:
Allah does not forbid you as regards those who did not fight you on account of faith, and did not expel you from your homes, that you do good to them, and deal justly with them. Surely Allah loves those who maintain justice.
Allah forbids you only about those who fought you on account of faith, and expelled you from your homes, and helped (others) in expelling you, that you have friendship with them. Those who develop friendship with them are the wrongdoers. – Surah Mumtahinah 60:8-9
In these verses it is clearly stated that it is haram to help and assist such non-Muslims who wage war against Muslims and destroy them and such who helped these non-Muslims. America has targeted thousands of Muslims with its barbaric and savage ways and has not only displaced thousands of Muslims from their homes but has also helped Israel who is guilty of these crimes since ages. Thus America, without a shadow of doubt, comes under the command of this verse and this verse holds to be true regarding the assistance of the United States. Friendly relationship with the non-Muslims against the Muslims being Haram is mentioned in many verses under different topics. The following verse is a clear example for the Muslims in this matter:
Those who take the disbelievers for friends rather than the believers. Are they seeking honor in their company? But, indeed, all honor belongs to Allah -Surah Nisa 4:139
O you who believe, do not take the disbelievers for friends instead of the believers. Do you want to produce before Allah a clear evidence against yourselves? -Surah Nisa 4:144
O you who believe, do not take the Jews and the Christians for intimate friends. They are friends to each other. Whoever takes them as intimate friends is one of them. Surely, Allah does not take the unjust people to the right path. -Surah Maidah 5:51
O you who believe, do not take those who have taken your Faith in jest and fun for friends from those who have been given the Book prior to you, and the disbelievers. Fear Allah, if you are believers. -Surah Maidah 5:57
4- In light of the verses mentioned above and many of the sayings of Rasulullah ﷺ, many of the jurists of the ummah have stated this principle that to take help from non-Muslims against a common enemy is only permissible if the non-Muslims fight under the flag of the Muslims and after winning the war, the rule of the Muslims should prevail. Imam Abu Bakr Hassas (RA) writes under the abovementioned verse from Surah Nisa:
It is learnt from this verse that it is not permissible for the Muslims to take the help of the kuffar against other kuffar in a situation where after victory the rule of the kuffar will prevail. (Ahkamul Qur’an v.2 pg.352)
Imam Muhammad (RA) states:
If Muslims take help from people of shirk against another party of people of shirk then there is no hesitation in this as long as Islam prevails over them. (Sharh al-Seer al-Kabeer v.3 pg.186)
On the other hand, if a non-Muslim nation invites Muslims to fight against another non-Muslim nation, the rule is the same that Muslims are not allowed to assist either of them. However, if there is fear that if such an invitation is rejected, they will kill Muslims then it is permissible to assist them. Imam Muhammad (RA) states:
It is not permissible for the Muslims that they should join with one group of Mushrikeen to fight against another group of Mushrikeen. And if ahl al-harb say to the Muslim prisoners to assist them against their enemies who are Mushrikeen, and they themselves are also Mushrikeen, then if these prisoners fear for their lives from the hands of these Mushrikeen, it will be permissible for them to fight alongside them against their Mushrikeen enemy. (Sharh al-Seer al-Kabeer v.3 pg.241-2)
All this is regarding the situation of joining with the non-Muslims and fighting against other non-Muslims. However, if the non-Muslims wage war against Muslims and invite other Muslims to assist them in fighting the Muslims then it is impermissible even in a state of coercion. This means, even if Muslims fear being killed by non-Muslims if they reject their invitation to fight against another group of Muslims, it will still be impermissible for them to accept the invitation even though he is killed as a result of this rejection. Imam Muhammad (RA) states:
And if they say fight alongside us against Muslims otherwise we will kill you, even then it is not allowed for them to fight against the Muslims. (Sharh al-Seer al-Kabeer v.3 pg.242)
Imam Sarakhsi (RA) says in commentary of the above:
Because it is haram for Muslims to wage war against other Muslims thus it is not allowed for Muslims to do the same under death threat. This is like the situation where someone would say ‘Kill this Muslim or I will kill you’ (that to kill this person is not permissible even in this scenario). (Sharh al-Seer al-Kabeer v.3 pg. 242)
The summary of the matter is that it is against the clear texts of Qur’an and Sunnah for the Pakistani army to stand against these Iraqi Muslims who are fighting and struggling against the tyranny and oppression of the U.S. military. This is also against the Pakistani custom and the purpose of the Pakistani army. And if God forbid such a step is taken then this will be a stain on the honor and dignity of the Pakistan army.
14 Safar 1435 – 18 December 2013