Matter of curiosity to know the ruling on this matter

[Dawud_uk]

Assalaamu Alaykum,

9:12 – And if they break their oaths after their agreement and (openly) revile your religion, then fight the leaders of unbelief-- surely their oaths are nothing-- so that they may desist.

9:13 – What! will you not fight a people who broke their oaths and aimed at the expulsion of the Messenger, and they attacked you first; do you fear them? But Allah is most deserving that you should fear Him, if you are believers.

9:14 – Fight them, Allah will punish them by your hands and bring them to disgrace, and assist you against them and heal the hearts of a believing people.


First of all I don’t intend on carrying out anything illegal…

But I was reading the rulings on covenants recently which seems sensible given I am living in Darul Kufr (some say Darul Harb) and each times it says it is not allowable for a Muslim to break the covenant when they enter a Kaffir land. Ok fair enough and straightforward.

But what if a Muslim is living in Darul Kufr and that land then goes to war against Muslims whilst he is there or they break their covenant with him otherwise? Why would the covenant still apply when Allah tells us in Surah al-Taubah that if the disbelievers break their oaths and treaties with us then we may break our oaths and treaties with them likewise?

So I cannot seem to find any information on what happens if they break their covenant with the Muslims by locking them up for observing their faith and paying their Zakat to the Mujahadeen as Islam tells us is one of the most important targets of Zakat or because they wish to forbid us in performing other Fard acts also.

Or what happens if they break their covenant with us here by attacking our brothers and sisters in other lands but otherwise leave us in peace in their own lands? I have read one of the Fataawah of Sheikh Ash-Shu’aybi and he is clear you cannot expect a covenant to be held as valid with the Kuffar when they attacked us even if in other lands and this is confusing me.

Any assistance reconciling these matters and learning the rulings in this situation would be appreciated or has this matter not been looked at by the scholars of the past and a new ruling is required?

Assalaamu Alaykum,
Abu Abdullah

 

[IbnAbdulHakim]

:salamext:

if you find out the answer please let us know inshaAllah

 

[Dawud_uk]

assalaamu alaykum,

there does seem to be a haddith saying we should keep a trust even with those who break their trust with us, but scholars really need to look at this issue as does this apply in situations of war or just in peace?

the silence of the scholars on this issue is deafening...

assalaamu alaykum,
Abu Abdullah

 

[Erundur]

:salamext:

Question: To what extent do Muslims have to obey the governments of the non-Muslim countries in which they live? To what extent can they disobey or resist those governments?

Answered by Sheikh Salman al-Oadah
The Muslims living a non-Muslim country, even if they entered that country by means of forged documents, are considered to be living in their adopted country under a covenant. They must, therefore, comply with the laws of their country of residence without, at the same time, disobeying Islamic Law.
Allah says: “Oh you who believe! Fulfill (your) obligations.” [Sûrah al-Mâ’idah: 1]
He also says: “And fulfill (every) covenant. Verily! The covenant will be questioned about.” [Sûrah al-Isrâ': 34]

He says: “And fulfill the Covenant to Allah when you have covenanted, and break not the oaths after you have confirmed them.” [Sûrah al-Nahl: 91]

A Muslim is not to break or violate oaths or promises. He will not be a true faithful Muslim if he does so. Allah Said: “It is not the case that every time they make a covenant, some party among them throws it aside. Nay! The truth is most of them believe not.” [Sûrah al-Baqarah: 100]

Among the characteristics of a hypocrite is that he: “…acts treacherously toward covenants (pledges), and when entrusted he betrays.”

Scholars have stated that those who enter non-Muslim countries have to adhere to their respective laws and regulations even if they entered those countries illegally, and they have no excuse for breaking those laws, since they were entrusted to abide by those laws upon entry into those countries.

The eminent Hanafî jurist, Mohammad b. Hasan Al-Shaybânî writes [Biographies (2/6)]:

If it happens that a company of Muslims pass through the enemy’s front lines by deceptively pretended to be messengers of the Muslim’s Caliph carrying official documents – or if they were just allowed to pass through the enemy lines – they are not allowed to engage in any hostilities with the enemy troops. Neither are they entitled to seize any of their money or properties as long as they are in their area of authority. This also applies in case of being truly trusted by the other party.
Accordingly, we conclude the following:

Muslims living in non-Muslim countries have to comply with laws and regulations of the country they have been entrusted though valid visas to enter. At the same time, they have to avoid whatever contradicts Islamic teachings. In case they are obliged by law to uphold something contrary to Islamic teachings, they have to adhere to the minimum that the law requires of them.

One of the best approaches for a Muslim living in these countries is patience. As long as he agrees to live in a non-Muslim country, he is never to rebel against the people living in his choice of residence, even it seems to hard for him to endure.

I hope this helps.

Allah (swt) knows best.

 

[Dawud_uk]

:salamext:



I hope this helps.

Allah (swt) knows best.

assalaamu alaykum,

no it doesnt but jazakallah for trying.

i understand about living according to the covenant but i was asking about what happens if they break their agreement with us first.

assalaamu alaykum,
Abu Abdullah

 

[IbnAbdulHakim]

:salamext:

yes we understand that but what brother Abu Abdullah was saying is that what if they threaten the muslims etc :?

 

[Dawud_uk]

:salamext:

yes we understand that but what brother Abu Abdullah was saying is that what if they threaten the muslims etc :?

exactly.

e.g
there are some brothers who would make hijra but are prevented from doing so because their passports are taken from them.

others have been imprisoned and arrested for collecting zakat for the mujahadeen,

others have been siezed and arrested for speaking the truth,

others have been arrested in other lands, taken back to the uk and are now being held such as the brothers who were allegedly caught with the mujahadeen in somalia even though this war is nothing to do with britain.

and then what of the muslims here holding a covenant with the kuffar when they break such a covenant by attacking other muslims?

how can we be held to a covenant with a people who attack our brothers and sisters elsewhere?

i could understand if such a person moved to that land AFTER such attacks took place and was aware of them but what about those who lived there before such attacks for example on afghanistan and iraq.

what is the position of their covenant.

Assalaamu alaykum,
Abu Abdullah

 

[Dawud_uk]

bump!

 

[IbnAbdulHakim]

:salamext:

well bro i guess the best thing to do in those circumstances is leave the land (as the makkans immigrated when persecuted harshly) and then come back with a huge army (although that seems impossible in this day and age).

Allahu a'lam, inshaAllaah we'll get a more knowledgable answer soon.