Salah Soltan, Ph.D. President of American Center for Islamic Research

1. Allegiance and Disavowal(Al-Walaa’ Wa Al-Baraa’)Its Fiqh Rules and its Application in the Western Reality Salah Soltan, Ph.D. President of American Center for Islamic Research Professor of Islamic Shari‘ah, Cairo University

2. Contents • Reasons for confusion with regards to the concepts of Al-Walaa’ and Al-Baraa’ • Separating the Islamic texts from one another and lack of comprehensive understanding of all texts • Taking the meaning and explanation out of intended or actual context • Separating the Ijthihad (reaching a decree after careful analysis) from the reality

3. Contents • The meaning of Al-Walaa’ according to the Shari‘ah • The love of the heart for the non-Muslims and hatred against the Muslims • Obedience of non-Muslims in committing what Allah does not approve • Supporting the non-Muslims over the Muslims

4. Contents • Islamic application of the concepts of allegiance and disavowal in the West • When allegiance is prohibited • Accepting the association of others with Allah in worship • Accepting sin • Supporting oppression against the innocent by wealth or self • Bridging the gap between the religions • When allegiance is mandatory, recommended or allowable

5. Reasons for confusion about Allegiance and Disavowal Separating the Islamic Texts from One Another Rage war on all the idolaters as they are waging on all of you O you who believe! Choose not my enemy and your enemy for allies. Do you give them allies when they disbelieve in that truth which has come unto you Allah forbiddeth you not those who warred not against you on account of religion and drove you not out from your homes, that ye should show them kindness and deal justly with them. Lo! Allah loveth the just dealers So, if they hold aloof from you and wage not war against you and offer you peace, Allah alloweth you no way against them

6. Reasons for confusion about Allegiance and Disavowal • Taking the meaning and explanation out of intended or actual context. Example: • I disavow those who live among the idolaters • Separating the Ijthihad (reaching a decree after careful analysis) from the reality • Prohibition of naturalization • Designating special clothing for the People of the Book

7. The meaning of Al-Walaa’ according to the Shari‘ah • Love of the heart for the non-Muslims and hatred against the Muslims • “Lo! Ye are those who love them though they love you not” 3:119 • “When they meet those who believe they say we believe” 2:14 • Obedience of non-Muslims in committing what Allah does not approve • “We will never obey anyone against you” 59:11 • Supporting the non-Muslims over the Muslims • “If you are driven out, we surely will go out with you” 59:11

8. Islamic application of the concepts of allegiance and disavowal in the West – When allegiance is prohibited • Accepting the association of others with Allah in worship and accepting sin • “The hypocrites, both men and women, proceed one from another. They enjoin the wrong and they forbid the right” 9:67 • Supporting oppression against the innocent by wealth or self • “And incline not toward those who do wrong lest the Fire touch you” • “Support your brother whether he is unjust or treated unjustly” • Bridging the gap between religions • “For each we have appointed a divine law and a traced out way” 5:48 • The correct way is to bridge the gap between the followers of the religions

9. When allegiance is mandatory, recommended or allowable • Merciful relationship • “Allah will not have mercy on the one who does not have mercy on people” • Ibn Battal Al-Maliky said: It is a call to use mercy with all creation (Muslims, non-Muslims, animals, etc..). “(There is a) reward (in being merciful with) any (animal) with a living liver.” • Kindness and excellence in treatment • “Allah forbids you not those who warred not against you on account of religion and drove you not out from your homes, that ye should show them kindness and deal justly with them. Lo! Allah loves the just dealers” 60:8 • At-Tabary: “This is a general verse that was not specified or abrogated. • Ash-Shawkani, Ibn `Arabi, Al-Qurtubi • Ibn- Al-Murtadi said: Good manners, benefiting others and extending kindness is to all creation

10. When allegiance is mandatory, recommended or allowable • Meetings at Mosques or Churches • Ibn Saad: The delegation of the tribe of Najran (Christian) arrived and prayed at the mosque of prophet Muhammad • Ibn Al-Qayyim said: it is allowed to let the people of the book enter the mosques and allow them to pray there if it does not become a habit • Omar and the Church of Nazareth • The Christian churches and Jewish temples in Egypt.

11. When allegiance is mandatory, recommended or allowable • Giving and accepting gifts • ‘Aishah said: Prophet Muhammad used to accept gifts and reward on them. • Prophet Muhammad gave Umar a gift which Umar gave to his non-Muslim brother in Mecca before he converted to Islam • King of Aylah in the battle of Tabuk sent a white mule as a gift to Prophet Muhammad him that the Prophet accepted. • Akider of Dawmat Al-Jandal was a Christian and gave the Prophet a gift of silk dress. • A Jewish woman gave the Prophet him a poisoned sheep to eat. • Ibn- Qudama said: It is acceptable to take the gift of the enemy disbeliever as the Prophet accepted the gift of Al-Muqawqis of Egypt.

12. When allegiance is mandatory, recommended or allowable • Interaction for da`wah • “Say this is my path, I, and those who follow me, call unto Allah with knowledge” • Ibn Taymiya and Ash-Shawkani said: All Muslims should act on Prophet Muhammad’s behalf in delivering the message. It is a duty on each person of the nation. • Ahmed, At-Tirmidhi, Ibn Maajah: “The Muslim who interacts with others and is patient about their harm is better than the one who lives in isolation and does not interact nor is patient about their harm”

13. When allegiance is mandatory, recommended or allowable • Giving and accepting loans and financial partnerships • The Prophet made a deal with the people of Khaibar that they would have half the fruits and vegetation of the land they cultivated. • ‘Aishah narrated that Allah's Apostle died while his (iron) armor was mortgaged to a Jew for thirty Sas of barley. Ibn Hajar said: Although there were Muslim businessmen, the Prophet borrowed from the Jew to show us that it is allowed. • “and the food of those who have been given the Book is lawful for you” 5:5 • The Prophet borrowed from Safwan Ibn Umayah some shields for the battle of Hunian.

14. When allegiance is mandatory, recommended or allowable • Accepting their testimony, news and advice • “And among the followers of the Book there are some such that if you entrust one (of them) with a heap of wealth, he shall pay it back to you” 3:75. Ibn Taymiyah said: As long as they have the trustworthy as well as the traitor, no harm in accepting the testimony of the honest. • The tribe of Khusa‘a was an advisor to prophet peace be upon him (both their Muslim and the non-Muslim). Ibn Taymiyah said: He used to accept their advice. • Ibn Hajar said: It is allowed to seek the advice of some of them and that is not considered as allegiance nor loving the enemies of Allah. • Wisdom is the lost property of the believer. Wherever he finds, he has the most right to have it. • The Prophet sent a non-Muslim spy from the tribe of Khuza‘a. Al-Kuhza‘y said: “He sent him, trusted him and accepted his news although he was a non_Muslim.

15. When allegiance is mandatory, recommended or allowable • Working for or hiring them • Prophet Muhammad peace be upon him and Abu Bakr hired an non-Muslim guide from Bani Ad-Dayl although he was a non-Muslim. • Ibn Hajar said: Al-Mihlab Ibn Sufra allowed working for a non-Muslim with two conditions: • It is a lawful job • It does not help the non-Muslim to hurt the Muslims. • Ibn ‘Abideen, Ibn Qudama, and Al-‘iz Ibn ‘Abdis-Salam said: It is allowed for a Muslim to work as a judge for an unjust ruler even if the ruler is non-muslim. • Prophet Muhammad had a Jewish boy as his servant. The Prophet visited him when he was sick and the boy accepted Islam. • Ibn Hazm and Az-Zayla‘i said: It is allowed for a non-Muslim to write copies of the Quran and he is to be paid. • Ad-Dusuqi, Al-Jassas Al-Hanafee and Ibn Al-Jawzi said: It is not allowed for a nonmuslim to build a mosque. Ibn Qudama said: It is allowed, what is prohibited is visiting the sacred house of Mecca.

16. When allegiance is mandatory, recommended or allowable • Seeking medical treatment with them • When Saad bin Al-Waqas got sick and was visited by the Prophet, the Prophet told him he had a heart problem and he should go to Al-Hareth bin kaldah as he was a physician. Ibn Hajar said: it is allowed to seek medical consultation from the people of the book. • Zaynab the wife of ‘Abdullah Ibn Mas‘ud had a discharge problem with her eye and she used to go the a Jewish man for treatment. • Ibn Taymiyah said: If the Christian or Jewish is an honest expert in medicine, it is allowed for the Muslim to seek his treatment as well as entrust him with money or any other dealings. • Ibn Al-Qayyim said: The hiring of ‘Abdullah ibn Ariqatt by Prophet Muhammad as an expert guide in his migration is an evidence for allowing seeking medical help, accounting etc. from non-Muslims.

17. We should move from the mentality of isolation and aggression to the balanced dealings and fairness