Series of Answers by the Great Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors of his Facebook Page "Fiqhi"
Answer to a Question
To Muhyiddin
Question:
A question, if you please: What is the Shari'ah ruling on affiliation and involvement in the armies of these regimes? Is it permissible for a young man to work in the armies of the current regimes and advance in their ranks...
Answer:
Walaikum Assalam Wa Rahmatullahi Wa Barakatuh,
- We have previously issued an answer on 8/6/2013 regarding working as a corporal (arif) or a policeman... It stated:
[- Abu Ya’la narrated in his Musnad and Ibn Hibban in his Sahih, and the wording is according to Abu Ya’la: On the authority of Abu Sa’id and Abu Hurayrah, they said: The Messenger of Allah ﷺ said:
لَيَأْتِيَنَّ عَلَى النَّاسِ زَمَانٌ يَكُونُ عَلَيْكُمْ أُمَرَاءُ سُفَهَاءُ يُقَدِّمُونَ شِرَارَ النَّاسِ، وَيَظْهَرُونَ بِخِيَارِهِمْ، وَيُؤَخِّرُونَ الصَّلَاةَ عن مَوَاقِيتِهَا، فَمَنْ أَدْرَكَ ذَلِكَ مِنْكُمْ، فَلَا يَكُونَنَّ عَرِيفاً وَلَا شُرْطِيّاً وَلَا جَابِياً وَلَا خَازِناً
"A time will surely come upon people when there will be over you foolish rulers who put forward the worst of people and show their preference for them, and they delay the prayer from its appointed times. So whoever among you reaches that time, let him not be a corporal, nor a policeman, nor a tax collector, nor a treasurer."
This hadith prohibits these four roles under the rule of foolish rulers in an absolute (mutlaq) manner.
- However, Al-Tabarani narrated in Al-Mu’jam al-Saghir and Al-Awsat on the authority of Abu Hurayrah the following narration:
فَمَنْ أَدْرَكَ مِنْكُمْ ذَلِكَ الزَّمَانَ فَلَا يَكُونَنَّ لَهُمْ جَابِياً، وَلَا عَرِيفاً، وَلَا شُرْطِيّاً
"So whoever among you reaches that time, let him not be for them a tax collector, nor a corporal, nor a policeman."
He said: «فَلَا يَكُونَنَّ لَهُمْ», meaning that the prohibition is restricted because the Lam is for specialization (al-ikhtisas). This means that the prohibition in the second hadith is related to working for these rulers, such as their private guards, security departments dedicated to their protection, as well as the treasurer of their personal funds and similar security departments specific to the rulers... Since the rules of Usul state that the absolute (mutlaq) is carried upon the restricted (muqayyad), the prohibition is therefore related to working in the police apparatus specific to the protection and security of the rulers... As for other ordinary police departments, it is permissible. Naturally, permissibility does not mean oppressing people or consuming their rights; rather, it means seeking the truth in one's work... 29 Rajab al-Fard 1434 AH - 08 June 2013 CE]
- The "policeman" (shurti) mentioned in the hadith is as stated in Lisan al-Arab by Ibn Manzur:
[So-and-so "ashrata" himself for such-and-all: he marked himself for it and prepared himself for it. From this, the "shurat" (police) were named because they made a sign for themselves by which they are known... The "shurtah" (police) under the authority (al-Sultan) is a sign and preparation. A man is "shurti" or "shurati" attributed to the police... they were named so because they prepared themselves for that and marked themselves with signs. It is also said they are the first battalion to witness war...]
- And it is stated in Al-Qamus al-Muhit by Al-Fayruzabadi:
[And "al-shurtah": what you have stipulated (ishtarta)... and they are the first battalion to witness war and prepare for death, and a group of the governors' assistants... they were named so because they marked themselves with signs by which they are known...]
Thus, what applies to the policeman applies to the soldier in terms of permissibility or lack thereof.
Therefore, working in the military force in the lands of the Muslims is permissible as long as it is not a special force for guarding the ruler who does not rule by Islam, collecting money for him, and guarding this money. If it is in the special force for guarding the ruler and his wealth, then it is forbidden. But if his work in the army is for other than that, it is permissible. Naturally, permissibility does not mean oppressing people or consuming their rights; rather, it means seeking the truth in work, and performing it with excellence and proficiency.
I hope this is sufficient, and Allah is All-Knowing, All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
17 Sha'ban 1445 AH Corresponding to 27/02/2024 CE
Link to the answer from the Ameer's page (may Allah protect him) on: Facebook