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And Al Jassas al Hanafi said in Mukhtasar Ikhtilaaf Al Fuqahaa lil Imam al-Tahaawi<br />

(3/454): Our companions have said, regarding the Muslim who seeks asylum and fights<br />

alongside the Mushrikeen, "One must not fight alongside the people of shirk, because the<br />

authority of shirk is what dominates, and this is the view of Malik. And Sufyan Al<br />

Thawri said, "They may fight with them". And Al Awzaa'i said: "They are not to fight<br />

except by making a condition that in case they win, they will be returned back to Daarul<br />

Islam 28 ”. And al-Shafi'i has two sayings.<br />

And in Al Fataawa Al Kubra Al Fiqhiyah (2/25) - Ibn Hajar Al Haythami, may Allah<br />

have mercy upon him said: "He was asked, may Allah cause benefits through him,<br />

regarding the Muslim when he is present in a war that is between disbelievers of Daarul<br />

Harb, like the disbelievers of Malabar, and the one who participates in the war travels for<br />

a distance of two Farsakhs (around 10 km) and prepares stock of food for it and stays<br />

there during their battle and becomes pleased at their killing and at them striking each<br />

other. So does the Muslim become a sinner by him witnessing it and by his presence that<br />

causes their numbers to increase, even if there was no any necessity for it? And speaking<br />

against one group and supporting another group and encouraging them to attack each<br />

other whilst he is in danger and he may be struck by their arrows or get injured or killed?<br />

Or is there no sin in it?<br />

And if the Muslims supported one of the two disbelieving groups in their wars and fought<br />

alongside them against the other without necessity or need until they kill or are killed in<br />

the war, then is this allowed or not? And is the Muslim rewarded for that due to his<br />

killing of the Kaafir or due to him getting killed? And is he treated like a martyr by not<br />

washing him and offering prayers over him? And the Muslim may be going out to help<br />

them due to the kings of their Kaafir lands requesting them to go out with them for that.<br />

So how is the verdict regarding that? And is there a difference between him going out by<br />

their kings' request or not?<br />

And he answered by his statement, "The presence of a Muslim in a war between two<br />

groups of Ahlul Harb 29 if he is there with the intention to learn courage from it and the<br />

tactics of fighting and strength of mental prowess by observing it or for the sake of<br />

rejoicing when one of the people of Ahlul Harb dies, so that the word of Allah may rise<br />

high when their strength weakens and they become few in numbers, or with any other<br />

correct intention, then it is permissible and is not in any way harmful, regardless of the<br />

place of the battle, whether it is far or near. And that is not considered as increasing their<br />

numbers. Indeed increasing them is only said regarding the one who gives allegiance and<br />

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

28 !See!the!previous!note!for!the!meaning!of!Daarul!Islam.!<br />

29 !Ahlul!Harb!refers!to!the!disbelievers!of!Daarul!Harb!and!hence!are!categorized!amongst!people!who!are!at!war!with!<br />

Islam.!

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