Jurisprudence of Balances: Palestinian Resistance amidst Reality Challenges Featured

By Mujahid As-Sawabi January 24, 2024 1785

 

The Palestinian resistance is forced to collaborate with Iran and others to achieve their legitimate goals of confronting the Zionist occupier and liberating their lands and sanctuaries. They find a commendable example in the Messenger of Allah, peace be upon him, who sought support even from non-Muslims to advocate for Islam, whether during his migration from Mecca to Medina or in other instances, and this is the subject of our discussion.

For starters, Sheikh Ahmed Jaber Ali, a member of the Fatwa Committee at Al-Azhar, stated to “Al-Mujtama”: Allah Almighty says, “Among the believers are men true to what they promised Allah. Among them is he who has fulfilled his vow [to the death], and among them is he who awaits [his chance]. And they did not alter [the terms of their commitment] by any alteration.” (Al-Ahzab: 23).

The world has forsaken the mujahideen in Palestine, despite seeking help from their Muslim brethren worldwide. They were not aided, even with a sip of water, while the enemies of Islam have assisted the Zionists with weapons, finances, and unlimited political support. Iran, however, and its followers have extended a helping hand to the mujahideen of the Islamic Resistance Movement in Palestine.

Sheikh Ali added that Iran supplied the Palestinian resistance with weapons, even though the resistance had also developed and introduced new decisive ones. Iran also extended financial support, providing the only helping hand the fighters could find, forcing the mujahideen to cooperate with them for the defense of their cause and the protection of the Al-Aqsa Mosque, an obligation upon all Muslims. They safeguarded themselves against the imminent threat of annihilation, while others question the legitimacy of cooperation with Iran. How can you judge them when they’re facing such dire circumstances?

Sheikh Ali stressed that Palestinian resistance factions have derived the legitimacy of their actions from the Prophet's (peace be upon him) deeds. He cooperated with Jews in defending Medina, as well as his entry into Mecca after the Ta'if journey under the protection of a polytheist named Mut'im ibn Adi.

Sheikh Ali: Seeking assistance, even from non-Muslims, in battles, whether in supplying weapons or otherwise, is permissible

The prophet sought the assistance of An-Najashi, a non-Muslim Christian king, for the protection of the Muslims during the migration to Abyssinia. He instructed the companions to seek the protection of An-Najashi, even though he followed a religion other than Islam.

In the Battle of “Hunayn,” the Prophet Muhammad (peace be upon him) borrowed shields from Safwan ibn Umayyah, who was a disbeliever at that time, to fight the polytheists. Ikrima reported that Ibn Abbas narrated that the Prophet, peace be upon him, borrowed shields and weapons from Safwan ibn Umayyah for the Battle of “Hunayn.” When Safwan asked if he would return them, the Prophet replied, “Yes, I will return them” (reported by Al-Hakim in Al-Mustadrak and authenticated by Muslim's conditions. Also reported by Al-Bayhaqi and Ad-Darqutni.)

Sheikh Ali added to “Al-Mujtama” that scholars have deduced from all of this the permissibility of seeking assistance, even from a disbeliever, in battles, whether it involves taking weapons or other means. Anas ibn Malik reported that the Prophet Muhammad (peace be upon him) said, “Indeed, Allah supports this religion with people who have no portion in the Hereafter, and indeed, Allah supports this religion with an unchaste (evil) wicked man.” (Reported by Al-Iraqi in Al-Ihya, and its chain is good.)

This illustrates the permissibility of the people of war seeking assistance from even those involved in transgression and sin. This is supported by the ayah of the Quran: “Excepted are those with whom you made a treaty among the polytheists and then they have not been deficient toward you in anything or supported anyone against you; so complete for them their treaty until their term [has ended]. Indeed, Allah loves the righteous [who fear Him].” (At-Tawbah: 4). Therefore, the ruling on seeking assistance from those who innovate in matters of religion by bringing practices that are not part of Islam (i.e., Shia) is similar to seeking assistance from disbelievers.

The Kharijites fought alongside Ali ibn Abi Talib (may Allah be pleased with him), and the Fatimids fought with Salah ad-Din al-Ayyubi. Ibn Taymiyyah, as well, fought against the Tatars, along with various factions of Muslims from different sects. The Hanafi school even mentioned that if the Kharijites fight against disbelievers alongside the people of justice, they deserve a share of the spoils of war, just like other Muslims. (Al-Mabsut by Imam As-Sarkhasi).

From this discourse, it can be inferred that reconciliation with them, seeking assistance, and fighting alongside them are permissible. Allah says, “Allah only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion—[forbids] that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers.” (Al-Mumtahina: 9). It is apparent from this ayah that what is prohibited is making allies with them, not actions that serve the interests of the Muslim nation and weaken an opposing force, as this, no doubt, falls under the legitimate interests of the Muslims.

 

Dr. Bakr: The resistance, which undertakes the responsibility of repelling the occupier and awakening the nation, requires continuous support

As for the ayah, “Let not believers take disbelievers as allies rather than believers. And whoever [of you] does that has nothing with Allah, except when taking precaution against them in prudence. And Allah warns you of Himself, and to Allah is the [final] destination.” (Aal-Imran: 28), it’s very clear here that it’s talking about “Wilayah” (alliance or guardianship), which involves love and preference over the believers, not assistance and seeking support. The “Wilayah” is exclusive to the believers, and taking the disbelievers as guardianship or authority power is explicitly prohibited, as mentioned in the ayah: “And whoever is an ally to them among you - then indeed, he is [one] of them. Indeed, Allah guides not the wrongdoing people.” (Al-Ma'idah: 51).

The Jordanian, Dr. Muhammad Saeed Bakr, a member of the Executive Office of the Palestinian Scholars Authority in Amman, told “Al-Mujtama”: Legitimate and political necessities allow for what is normally prohibited. The Sunni resistance, undertaking the task of repelling the occupier and awakening the nation, requires continuous support and backing. If it receives support from clean sources, that is preferable and more appropriate. Otherwise, there is no objection to obtaining support from any other source, regardless of its religion and goals.

It is essential to emphasize the necessity of ensuring that support does not divert the path of the resistance and its noble goals. It is noteworthy that the Prophet, peace be upon him, sought assistance from the polytheists in more than three instances in his prophetic journey, driven by necessity and without imposing influential conditions.