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their hearts that they were sincere, then there is no harm in fighting alongside them. This<br />

is because they are by this freeing themselves from imprisonment.<br />

And Al Sarkhasi al Hanafi, may Allah have mercy upon him - said in ‘Al Mabsoot<br />

(10/98)’, "If there is a group of Muslims who have sought shelter in Daar ul Harb 27 and<br />

that land is attacked by a people who are from another Daar ulHarb, then it is not<br />

permissible for those Muslims to fight them, because by fighting, the person gets exposed<br />

(to being killed or captured) and that is not permissible except to raise the word of Allah<br />

and strengthen the religion and that is not present in this situation, because the rule of the<br />

people of Shirk dominates over them and the Muslims are not able to govern by the rules<br />

of the people of Islam. So their fight would be in the way of raising the word of Shirk and<br />

that is not allowed except if they fear for themselves from those (Mushriks). In such a<br />

situation, there would be no problem because their fighting would be to protect<br />

themselves, not to raise the word of Shirk. And the basis for this is the incident of Ja'far,<br />

may Allah be pleased with him, as he fought in Habashah (Abyssinia) against the<br />

enemies who attacked Najashi, and he only did that because he and the Muslims at that<br />

time were safe under the Najashi and he feared for himself and the Muslims from other<br />

than the Najashi, and so we know that there is no harm in doing this during fear”.<br />

And Ibn Hubeerah said in Al Ifsaah (2/438), "They differed regarding can help can be<br />

sought from the Mushriks to fight against the enemy at war, or can they (the Mushriks)<br />

be granted assistance against their enemy? Malik and Ahmad said "They should neither<br />

be requested for help nor should help be given to them at all". And Malik made an<br />

exception: "If it serves the Muslims, then it is allowed." And Abu Haneefa said, "They<br />

can be asked for help and they can be given assistance absolutely when Islam is dominant<br />

over them". And if the rule of shirk is what is dominant, then it is disliked. And Ash<br />

Shafi'i said that that is allowed with two conditions, the first of them being that the<br />

Muslims are few and the Mushrikeen are many, and the second that the Mushrikeen are<br />

known to have good opinion about Islam and they are inclined towards it and if they are<br />

asked for help they will obey them but they will not be granted any share (in the booty).<br />

However, Ahmed in one of his two statements said that they are given a share.<br />

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!<br />

27 !Daar!ul!Harb!which!means!‘The!land!of!war’!is!the!land!which!does!not!rule!by!the!laws!of!the!Islamic!Shareeah.!The!<br />

majority!of!the!scholars!have!classified!a!land!which!does!not!rule!by!the!laws!of!Islam!as!Daar!ul!Harb!or!as!“the!land!<br />

of!war”!in!which!the!life!and!wealth!of!a!disbeliever!is!unprotected!and!is!not!sanctified!by!the!Shareeah.!The!only!<br />

case!in!which!the!disbelievers!of!Daar!ulHarb!are!granted!protection!is!when!there!is!a!treaty!between!the!Muslims!<br />

and!the!disbelievers!of!Daar!ulHarb.!In!contrast!to!this!is!Daarul!Islam!which!means!‘the!land!of!Islam’!where!the!laws!<br />

of!Allah!are!fully!implemented.!In!Daarul!Islam,!the!life!and!wealth!of!the!disbeliever!is!protected!when!they!pay!the!<br />

Jizya!and!abide!by!the!rules!of!the!state!or!is!under!a!treaty.!Based!on!the!above,!we!can!see!that!the!entire!planet!<br />

has!become!Daarul!Harb!irrespective!of!the!number!of!Muslims!in!any!land!or!the!number!of!mosques!found!there!<br />

since!none!of!these!lands!are!being!ruled!by!the!Shareeah!and!they!are!all!in!the!hands!of!the!enemies!of!Islam.!

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