Series of Answers by the Eminent 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 Abo Yousuf
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh, our noble Sheikh. May Allah bless you, help you in guiding us, and keep you until you see the Khilafah State with your own eyes.
Dear brother, it was mentioned in the book The Islamic Personality regarding the subject of Muwalah (loyalty) to the Kafir that it is forbidden and not permissible except in one case; for the Shari’ah permitted Taqiyyah in the matter. Here, the question arises: Is the Muwalah to the Kafir as an individual or to the system of Kufr? What are the boundaries of Muwalah, especially in our situation in their countries where they dominate us? And if it is for the Kafir or the system, is this measured against the countries of the Islamic world because of what is known about the Kafir rulers and the system as well? Do the tools of the Kufr systems, such as their security apparatuses, take their ruling even if they are Muslims?
May Allah bless you and your patience with us. Your brother and son from America.
Answer:
Wa Alaikum Assalamu Wa Rahmatullah Wa Barakatuh,
Allah (swt) says:
لَا يَتَّخِذِ الْمُؤْمِنُونَ الْكَافِرِينَ أَوْلِيَاءَ مِنْ دُونِ الْمُؤْمِنِينَ وَمَنْ يَفْعَلْ ذَلِكَ فَلَيْسَ مِنَ اللَّهِ فِي شَيْءٍ إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً وَيُحَذِّرُكُمُ اللَّهُ نَفْسَهُ وَإِلَى اللَّهِ الْمَصِيرُ
“Let not the believers take the disbelievers as allies rather than the believers. And whoever does that has nothing with Allah, except when you take precaution against them in caution. And Allah warns you of Himself, and to Allah is the [final] destination.” (Surah Al-Imran [3]: 28)
The meaning of the Ayah is a decisive prohibition for the believers against taking the disbelievers as allies (Awliya'), seeking their help, resorting to them, or befriending them with affection between them. Thus, it prohibited the believers from Muwalah to the disbelievers instead of the believers, then exempted one case from that: the state of fear from them when being under their authority (Sultan). In this case, it is permissible to manifest affection for them and friendship to ward off their evil and harm. Meaning, it is permissible to take them as allies, i.e., friends, in the case of fearing them when being under their rule, and other than that, it is absolutely not permissible.
This applies only to the disbelievers in relation to the believers. The Ayah was revealed regarding the believers who had ties with the Mushrikeen in Mecca; it prohibits those in Medina from Muwalah to the Mushrikeen in Mecca, and it prohibits all believers. It exempted the believers who were in Mecca because they were overcome and forced, so it exempted them due to the state of fear they had regarding the harm of the disbelievers. This is the subject of the Ayah, its meaning, and the Shari’ah ruling derived from it: the prohibition of the believers' Muwalah to the Kuffar in all forms of Muwalah, including support, friendship, seeking assistance, and others, because the word Awliya' in the Ayah came in a general form to include all its meanings. The permissibility of their Muwalah is only in the case of taking precaution against them, i.e., fearing their assault and harm when the Kuffar are dominant over the Muslims and the Muslims are overpowered, exactly like the situation of the Muslims in Mecca with the Mushrikeen. The Ayah has no other meaning, and no ruling is derived from it except this ruling.
As for what some say—that Taqiyyah is for a Muslim to manifest the opposite of what he conceals before any person he fears harm from or whose knowledge of his reality and what is in his soul he dreads, whether that person is a Kafir or a Muslim—this saying is sheer error, and the Ayah does not indicate any of it. This is because the exception ﴿إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً﴾ was revealed regarding the subject of the Muslims who were in Mecca under the rule of the Kuffar of Quraysh and did not migrate; if they manifested enmity toward them, they would be killed or tortured. The ruling on a specific subject remains applicable to the subject itself, which is the Muwalah of the believers to the disbelievers while they are under the rule of the disbelievers.
Muhammad ibn Jarir al-Tabari said in his Tafsir: "The discourse on the interpretation of the words: ﴿لَا يَتَّخِذِ الْمُؤْمِنُونَ الْكَافِرِينَ أَوْلِيَاءَ﴾ to the words: ﴿إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً﴾. Abu Ja’far said: This is a prohibition from Allah (swt) for the believers against taking the disbelievers as helpers, supporters, and backers. For this reason, the kasrah was placed on يتخذ because it is in the position of jazm (jussive) due to the prohibition, but the dhal was given a kasrah because of the meeting of two sakins. The meaning of that is: O believers, do not take the disbelievers as backers and supporters, being loyal to them in their religion, supporting them against the Muslims instead of the believers, and showing them their [the Muslims'] vulnerabilities. For whoever does that has nothing to do with Allah, meaning he has become dissociated from Allah and Allah is dissociated from him due to his apostasy from his religion and his entry into Kufr... ﴿إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً﴾ unless you are under their authority (Sultan) and fear for yourselves, so you manifest loyalty to them with your tongues while concealing enmity toward them, and you do not follow them in the Kufr they are upon, nor do you help them against a Muslim with any action..."
It cannot be said that if Muwalah to the Kafir is permissible in the state of fearing him, then Madarah (social diplomacy) with an oppressive or transgressive ruler who possesses power is even more entitled to be permissible (Bab Awla). This cannot be said because what is considered Bab Awla is the Fahwa al-Khitab (implied meaning), and this is not part of it nor related to it. It is not like the words of Allah (swt): ﴿وَمِنْهُمْ مَنْ إِنْ تَأْمَنْهُ بِدِينَارٍ لَا يُؤَدِّهِ إِلَيْكَ﴾ (And among them is he who, if you entrust him with a single silver coin, he will not return it to you) nor like His words: ﴿وَمِنْ أَهْلِ الْكِتَابِ مَنْ إِنْ تَأْمَنْهُ بِقِنْطَارٍ يُؤَدِّهِ إِلَيْكَ﴾ (And among the People of the Scripture is he who, if you entrust him with a great amount [of wealth], he will return it to you). This is because the transgressor (Fasiq) or the oppressor (Zalim) is not from the category of the Kafir nor of his type, and because the Muwalah prohibited in this Ayah is the Muwalah of the disbelievers instead of the believers. Hence, Bab Awla does not apply here to be used as evidence.
Accordingly, what they call Taqiyyah—which is for the believer to manifest the opposite of what he conceals before the oppressive or transgressive ruler who possesses power, or someone with a differing opinion, or the like—is nullified. It is forbidden to do so because it is Nifaq (hypocrisy), and all Nifaq is Haram. Moreover, accounting the oppressive ruler (Muhasabah) for his oppression is an obligation (Fard) that is not permitted to be abandoned out of fear of the ruler regarding wealth, interests, or harm, and Taqiyyah is not permitted in it. It contradicts the authentic Ahadith narrated regarding the rejection of the Imams, princes, and rulers if they are oppressors or transgressors, and the Ahadith regarding the obligation of accounting them for their actions. Likewise, it contradicts the obligation of speaking the truth openly without fearing the blame of any blamer for the sake of Allah. Therefore, regarding Taqiyyah toward the oppressive or transgressive ruler, or toward the powerful dominant wicked person, or toward someone who disagrees with you in opinion, the texts of the Ayat and authentic Ahadith have come to contradict it and urge the necessity of acting contrary to it, which confirms that it is Haram. Besides being Nifaq, it is not permissible for a Muslim to do it.
Your brother, Ata Bin Khalil Abu Al-Rashtah
22 Rabi’ al-Akhir 1438 AH 20/01/2017 CE
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