Someone wrote:
I would like you to read the following article which highlights some of the problems we are facing, and why it is quite possible that young muslims turn to extremism. The article was issued by al-muhajiroun not long ago, headed by Omar Bakri Mohammed, and whatever our reservations about the man, it is the content i am more concerned about, and it is possibly these types of writings which need to be confronted head-on.

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AQD UL AMAAN: THE COVENANT OF SECURITY

The Muslims living in the west are living under a covenant of security, it is not allowed for them to fight anyone with whom they have a covenant of security, abiding by the covenant of security is an important obligation upon all Muslims. However for those Muslims living abroad, they are not under any covenant with the kuffar in the west, so it is acceptable for them to attack the non-muslims in the west whether in retaliation for constant bombing and murder taking place all over the Muslim world at the hands of the non-muslims, or if it an offensive attack in order to release the Muslims from the captivity of the kuffar. For them, attacks such as the September 11th Hijackings is a viable option in Jihad, even though for the Muslims living in America who are under covenant, it is not allowed to do operations similar to those done by the magnificent 19 on the 9/11. This article speaks about the covenant and what the scholars have said regarding Al Aqd Al Amaan - the covenant of security.

AQD AL AMAAN: THE COVENANT OF SECURITY

AL 'AHDU WAL AMAAN

AL 'AHED - COVENANT AL O'HOUD - COVENANTS

Allah (swt) ordered us to honour our covenant. He (swt) said: "O you who believe, honour your covenant ('uqud)" [EMQ Maidah; 1]

A covenant is what two people commit themselves to get/exchange some eligibility or liability. "'Uqud is covenant" [Ibn Kathir in his tafsir of this ayah v.2 vol.4]

A'hd is derived from the verb 'Ahada, which means:

- 'Aqada contracting - Waada'a Reconciling - Ittafaqa Agreed

So when we speak about 'ahada, we are speaking about reconcilement or a signed contract, etc. One of the pillars of any contract is the two parties, Al AQIDAAN, in the case of a covenant we call the two parties Al 'AHIDAAN.

AL MITHAAQ Confirmation or Affirmation AQD UL AMAAN Covenant of security AMAAN Security

THE SANCTITY OF MANKIND

Allah (swt) has legislated certain Ahkaam related to the sanctity of man.

The sanctity of Mankind includes: - His Life - His wealth

The Sanctity of a Muslim includes: - His Deen - His Life - His Honour - His Mind - His Wealth

SECURITY

So what are the original rules of Muslims and non-Muslims? When speaking about security, we know that the one who is giving security is always more powerful/stronger than the one accepting to be under covenant. Where Dar ul Islam is giving a covenant to non-Muslims, it means that Islam is in power and has authority, and the Muslims lay down the conditions for the covenant.

There are different forms of Covenant:

1- AMAAN UL ZIMMAH Covenant of security related to non-Muslim living in Dar ul Islam

2- AMAAN UL JIWAAR Covenant of security related to the neighbouring countries to Dar ul Islam

3- AMAAN UL SULH Covenant of security related to cease fire agreements of Dar ul Islam with non-Muslim countries

4- AMAAN UL RUSUL Covenant of security for ambassadors and representatives of other countries who have a treaty with Dar ul Islam

However, in today's reality it is essential to study the covenant where non-Muslims have power:

5- AMAAN UL MUSLIM Covenant of security for a Muslim from non- Muslims

AMAAN UL MUSLIM

Why would Muslims need covenant from the kuffar? Muslims may be facing persecution, like from the taghout rulers today, like Saddam Hussein etc, and for this reason they may go to a non-Muslim country for protection/Asylum, like the Muslims from Makkah went to Abyssinia at the time of the Prophet ((saws)). However that does not mean that we have to accept everything that they impose on us, like their law and order.

Allah (swt) said: "There was a time when man was nothing."

- So the only one that has the right to violate our sanctity is Allah (swt) as he was the one who gave us that sanctity, he gave us our life, and our wealth. - We were nothing, and everything we have is thanks only to Allah (swt) - And so there is no one that we should obey except Allah (swt) - And so there should be no law and order prevalent except Allah's (swt) law and order.

THE ORIGINAL RULES FOR NON-MUSLIMS

It is a well known principle in Islam, "The original (Islamic) rules for the life and wealth of a kafir is that it is lawful and permissible."

- However his/her sanctity can be obtained by one of two: o Imaan Faith o Amaan Covenant of Security

By IMAAN or AMAAN

A kafir can obtain sanctity either by embracing Islam or by entering into a covenant of security.

MA'SOUM the one who is protected (or for the nabi, it means infallible). The one who is a Muslim or has a covenant of security from a Muslim, he/she is Ma'soum.

These are the rules when Islam is dominant, however when the kuffar are in authority, and we (the Muslims) are weak, they look to us as people that have no sanctity, and the only way they will allow you to live with them, is via a covenant - i.e. to have an agreement not to violate the sanctity of eachother.

Allah (swt) said: "And if they embrace Islam, and perform salah and pay the Zakat, they are your brothers in the deen." [EMQ 9: 11]

Meaning that if they embrace Islam, then these rules (that their life and wealth are halal) no longer apply to them The Prophet ((saws)) said: "I have been ordered to fight people until they say "There is no god except Allah and Muhammad ((saws)) is the Messenger of Allah" and if they do that and they slaughter aswe slaughter, then their life and wealth has sanctity except for the right of Islam?"

- i.e. Except for the Shari'ah, If he steals his hand will be cut etc

Maimun bin siyaa narrated "He asked Anas bin Maalik one day; he said: "O Abu Hamza, what makes the life of a servant and his money have sanctity" he said: "the one who says laa ilaha illallah and prays towards our qiblah, and prays our prayer and eats our slaughtered meat he has sanctity for his life and wealth?" [Bukhari]

The hadith shows that the kalima is the issue - The fact that he does not worship any taghout is what grants him sanctity

AMAAN UL MUSLIMI 'INDAL KAFIR Covenant of a Muslim from a kafir

It is something that usually would not happen except in unusual circumstances, or in emergencies, it is not normal to live between the kuffar. The Prophet ((saws)) said: "I am free from the one who lives between the kuffar." - originally it is not allowed to live amongst the kuffar, except with a Shari'ah permit.

Ibn Hazm said: "As for a Muslim who runs away to a kufr land because of oppression that happened to him, and he never rose against the Muslims, nor allied with the kuffar, ? it is permitted to live amongst the kuffar under compulsion." [vol.2 p.125]

This statement is regarding a situation about Hisham bin Abdul Malik - A Khalifah who promised to protect Muhammad bin Muslim bin shiyad, Muhammad ibn Shiyad had said that if Hisham died - he would run away, and indeed when Hisham died, Muhammad bin shiyad ran away and lived amongst the kuffar because he was facing persecution. Ibn Hazm said that whoever is in his situation is allowed to go to Dar ul kufr to live there.

For us today where there is no dar ul Islam, and there is only taghout rulers oppressing the Muslims everywhere, we are in a position where we are persecuted and oppressed, and it may be necessary to live under covenant in non-Muslim countries.

AQD UL AMAAN Covenant of Security

Covenant of security has two realities. It is either:

1- A CLEAR FORM OF CONTRACT, AGREEMENT OR APPLICATION

Or

2- A CUSTOMARY FORM, UNDERSTOOD TO BE A COVENANT OF SECURITY (OF PEACE AND TRANQUILITY)

1- A FORM OF CONTRACT, AGREEMENT OR APPLICATION

When you enter into a country, you do not enter declaring jihad on them, rather you ask for security and protection. People that are entering into a country - speak politely and carefully asking to be permitted by them to enter into the country. They apply for 'Asylum' or a 'visa' etc in order to be permitted by them to enter into their country without being arrested etc.

This is a covenant where they (the kuffar) give you clear verbal or written permission to enter and stay in their country. This is the clearest form of covenant,

2- A CUSTOMARY FORM UNDERSTOOD TO BE A COVENANT OF SECURITY (OR PEACE AND TRANQUILITY ETC)

This is where it becomes known by custom, that if you enter into the country that they will give you security. When you enter, you state to them clearly on demand what the purpose of your entrance into the country is; whether you say "to study", "to work", "for security" or for other reasons, nobody however says, "to fight" or to "wage jihad" etc.

Another reality is that, if you have entered to study/work etc, and you have stayed there, lived there and have had children, you can have a covenant even by simply getting a driving licence, or taking benefits etc.This is because by obtaining a driving licence you are getting their assurance that you can live and drive freely with the security that you will not be arrested by them and they have agreed. - This is a form of customary covenant

When a Muslim enters a non-Muslim country with a covenant of security, he/she has agreed not to violate the sanctity of the other party (i.e. the government or ruler), and that they will not violate yours. The government however represents all of the other people and so the covenant is applicable to all the people, and so you cannot kill or steal from anybody in that country, while you are under covenant.

THE SCHOLARS ON THE COVENANT

Al Mughirah ibn Shu'ba. He used to be mushrik and had friends that were kuffar in the past before he embraced Islam, he killed them and took their money and then went to the Prophet ((saws)) to embrace Islam (also expecting to have his sins forgiven), he said: "I have killed my close friends, and I want to embrace Islam." The Prophet ((saws)) said: "Islam, we accept from you, as far as the wealth, if it is the wealth of the ghaddar (betrayal) we do not need it from you."

- Here he killed kuffar, even while he himself was kafir, and was without covenant. And yet the Prophet ((saws)) rejected it and called it Ghadr

Imam Sirkhasi said: "It is not allowed for someone, who is under covenant to betray ? (if he does betray) he will be on the day of judgement with a banner showing his betrayal, if he betrays and takes money from kuffar and then comes to embrace Islam, his wealth will never be accepted because it was earned in a khabith way."

The only way that the wealth of the non-Muslims is allowed for us is by Fighting or by Jizya. Imam Shafi'i said: "If a Muslim enters Dar ul Harb with covenant of security, and he was able to take some of their money, it is unlawful to take anything from it, whether little or all of it, because if he has covenant from their side, then it is applicable the other way also. Because during the covenant, it is not lawful for him - except from the money of the Muslims or the money of Ahl Al zimmah." [Imam Shafi'i in Kitab ul Umm vol4 p 284]

Imam Shafi'i also said: "If a harbi, comes to the Islamic state, and he has a covenant, and he dies, the covenant is for his life and death, it is not allowed to take his money, and the ruler must return all of his money to his inheritors if they exist." [Kitab ul Umm v.4 p.296]

and Imam Shafi'i said: "If the enemy captures a Muslim and imprisons him, and after that they release him and give him security, and they allow him to live among them, the covenant they give to him is a covenant from him to them (i.e. it is binding on him), it is not allowed for him to assassinate them or betray them, and we do not know ANY SCHOLAR that has mentioned otherwise." [Kitab ul Umm vol.4 p292]

Imam Shafi'i learned the 'ilm of the seven seas of knowledge, he studied the fiqh of Imam Ja'far as Sadiq, of Imam Maalik, of Imam Abu Hanifah, of Imam Laith ibn Sa'd, of many of the Ulemah, he took the ilm from the four madha'ib and it is after this that he then states that there was no statement saying otherwise (regarding the covenant) from Ahl Al Ilm.

Allah (swt) said: "And if anyone of the mushrikeen seeks your protection (O Muhammad), then protect him (I.e. give him covenant) so that he may hear the word of Allah; and afterwards convey him to his place of safety. That is because they are people who do not know." [EMQ 9: 6]

Imam Nawawi (Shafi'i scholar) said: "If a Muslim enters Dar ul Harb, by a covenant, and he borrows money from them or he steals and then goes back to Dar ul Islam, he must return it, because he has no right to take their wealth because of the covenant." [Ar Rawadha Nadia v.10 p.291]

Qadi Abu Ya'la (Hanbali) said: "If a Muslim enters Dar ul Harb with a covenant, or he was in captivity with them, and they released him, and they let him live with them, it is not lawful; for him to betray them in any nafs or wealth." [Ahkaam ul Sultaaniyah p152]

ibn Qudama Al Maqdisi In the topic entitled "any Muslim that enters into the land of the enemy, and he signs a covenant, it is not allowed to betray them or to deal in riba' with them." He said: "The Prophet ((saws)) said: "a Muslim fulfils the conditions of the 'Ahd" and ghaddar is a sign of the munafiq, and the money he earns from it is Haram. If he steals or borrows money, he is obliged to pay them back." [Al Mughni vol 9 p 237]

On this Imam Al Maqdisi said: "Whenever there is a covenant given to a Muslim in Dar ul Harb, it is forbidden to harm them or to kill them or take their wealth." [v.10 p.555]

ibn Muflih said: "If a Muslim has been in captivity and they give him covenant, it is allowed for him to run away but not to betray them, and he should return any money owed to them, ? and if he does not he will be ghaddar, and on the day of judgement he will appear with a banner showing his betrayal."

Ibn Hamman (hanbali) said: "If a Muslim enters Dar ul Harb, as a businessman, or student, it is not allowed for him to touch their life or wealth, because by the covenant he is guarantor that he will never touch them, if he does that, it becomes ghadr, and ghadr is haram by Ijma'." [Al Tahrir vol 6 p 17]

We must be fearful of Allah (swt), and stay away from Ghadr - betrayal, no matter how much our emotions may be angry and in pain for our Muslim brothers and sisters abroad, we cannot leave the shari'ah to take revenge on the kuffar, we must adhere to the shari'ah and refrain from betraying our covenant - however those Muslims abroad who are not under any covenant with the non-muslims, have every right to act and fight for sake of Allah (swt). But those Muslims living in the west must never betray the covenant as the Prophet ((saws)) said: "On the day of Judgement, the Ghaddar will have a banner over him, to say that he is the Ghaddar," [Sunan Abu Dawood]

Furthermore ibn Abideen said: "If a Muslim enters Dar ul harb, it becomes forbidden on him to harm their life or wealth or honour, because a Muslim adheres to the covenant, ? if the money he earns, he earns it in haram, it is not allowed to benefit from it, he should donate it, but if he stole it, he must return it." [vol.4 p.166]

Imam Muhammad ibn Hasan ibn Shaybani said: "If a group of Muslims, go to the frontier of the people of Harb, and they say "we are the Messenger of the Khalifah," (i.e. ask for covenant) and they show them books that look like books of the Khalifah, or do not show them books, and they betray the kuffar, while they say "enter", it becomes forbidden for them to betray the amaan. And if they go there and kill anybody, and bring back any money, any money they bring is maal ul ghadr and it is not allowed to benefit from it ? and if you go claiming that you are trading, and they allow you to enter, that is a form of customary covenant." [Kitab ul siya vol.2 p.66]

Imam Sirkhasee said: "If a Muslim enters Dar ul Harb, and he says to them "I am going to look for a wife" or "to study" or "for trading" or just to pass through the land to go somewhere else, it is agreed that it is a form of customary covenant." [Al Maqsud]

THE CONTEMPORARY COVENANT

There are four main realities of people living in the west:

1- COVENANT BY OBTAINING A LEGITIMATE PASSPORT

Anybody who has obtained a legitimate passport is under covenant, this reality is of the one who enters or has a passport: i. In their own real name ii. And it says that they are a Muslim iii. If they do so, they are obliged to abide by the covenant

2- COVENANT BY OWNING AN ILLEGITIMATE PASSPORT

Anyone who has a fake or illegitimate passport: i. With a false (even a kafir) name ii. But it says that he is a Muslim iii. In this case, the covenant is still binding on him

3- COVENANT WITH NO DOCUMENTS

i.e. He smuggles himself in without any documents: i. However he says that he is Muslim - ii. Then in this case, the covenant is binding on him.

4- NO COVENANT

the only way to be living in the west without covenant: i. It is ONLY the one who enters with a kafir name ii. And claims that he is kafir iii. And does not inform them or show them at all of his reality iv. But rather says that he is one of them

Then It is allowed, but only on the condition that he is sent by Amir ul Mu'mineen to act as a Mujahid for the benefit of the Muslims, in this case there is NO sanctity for the life or wealth of the kuffar at all.

We should note that ALL of the magnificent 19 MARTYRS (inshaa Allah) on 11 September entered America like this, they did not betray any covenant, however for anyone living in the west, it would not be permissible for them to do the same act because they DO have a covenant of security..

KA'B IBN ASHRAF

He was a jew that would insult and accuse the honour of the Prophet ((saws)) in time of Muhammad ((saws)), until he ((saws)) said to his companions: "who can deal with Ka'b? he harms me badly." Muhammad ibn Maslamah, asked him permission, "Let me do whatever I like, and I will do it." The Prophet ((saws)) said: "you have got it."

Muhammad Ibn Maslamah went to Ka'b amongst his people and he praised him and said that he was one of them (i.e. Mushrik) and said that all the women liked him (Ka'b) and that he wanted to be like him, and that he wanted to betray the Muslims and fight against them (with Ka'b), he told him that he had something to say to him in private and he took him away telling him that all the women he knew liked him, he told him that there was one woman who was interested in him, and he said that there was a perfume that she likes, and asked him to allow him to smell his head, the man obliged, and ibn Maslamah took this opportunity to take his knife and cut off the head of Ka'b ibn Ashraf.

Muhammad ibn Maslamah took the head of Ka'b to the Messenger ((saws)), and the Messenger ((saws)) praised him and his action. He ((saws)) said: "good doing, good doing."

- There is no doubt here, that ibn Maslamah acted as if he was a kafir and jahil. He did so with permission from the Messenger ((saws)) and with the purpose of assassinating Ka'b ibn Ashraf - The Prophet ((saws)) consented and even praised his action.

Regarding this Imam Shafi'i said: "If a group of Muslims, imitate the romans, and wear their clothes, and enter saying that they are going to be one of them and fight with them against Muslims, and they accept, it is allowed for them to kill them because they are at war with Islam and Muslims."

KHALID IBN SUFYAN

Abdullah ibn Unais was the one who killed Khalid ibn Sufyan - the Prophet ((saws)) used to call Abdullah ibn Unais - Mutakhassir fil Jannah (the one who is reclining in Jannah) in praise of his actions.

Abdullah ibn Unais had gone to the enemy, saying that he is one of them and that he was going to them in order to increase their numbers, and then when he was inside with them, he killed them. And for this action, the Messenger ((saws)) said that he (saws) him in paradise, and called him Mutakhassir fil Jannah.

We have two example here: Ka'b ibn Ashraf - killed by Muhammad ibn Maslamah, Khalid ibn sufyan and hazami - killed by Abdullah ibn unais

These kuffar were killed in this kind of Assassination. This is the only time and way that you can do so, you cannot act like a kafir, except in war and ONLY in war, as long as you do not say ANY SHIRK.

HOW TO LEAVE THE COVENANT

There are three mechanisms

1- THE COVENANT IS NO LONGER VALID, WHEN THE TIME LIMIT IS FINISHED

i.e. at this time, you are obliged to leave the country, or renew the covenant. Allah (swt) said: "And if you fear treachery from any people, throw back their covenant to them, verily Allah does not like the treacherous." [EMQ Anfal: 58]

2- DECLARE THAT YOU DO NOT WANT TO STAY, AND THEN LEAVE THE COUNTRY

Imam Shaybani said: "Negation of the covenant, will occur by telling them and going back to where you started before the covenant."

3- IF YOU ARE BETRAYED BY THE ONE WHO YOU HAVE COVENANT WITH

In this case you can leave until you can reconcile the covenant, or you can leave completely from the covenant. [Imam Shaybani]

This does not mean that you can kill and steal as you like, you must leave the country first, Imam Shafi'i said: "If a group of Muslims enter Dar ul Harb, and the enemy from them is secure (i.e. they have covenant) until they leave or are betrayed, and if the enemy take into captivity any children or women, although I do not like the betrayal of the enemy, it is not allowed to betray them. The Muslims must go out and then return to fight and release them."

THE LAW OF THE LAND

It could be asked, If you enter with covenant, must you obey the law of the land?

NO, the covenant does not oblige that, it is specifically a covenant of security of life and wealth, and nothing else. it is a contract only to maintain sanctity for life and wealth, You must always follow the Shari'ah, and never follow kufr law. Regardless of what they ask of you, you cannot give up Islam or disobey Allah, nor use the covenant of security as an excuse to do so, even if they attempt to stipulate such conditions in your covenant. The Prophet ((saws)) said: "Any conditions not in the book of Allah, is not valid."

The haram conditions here makes the contract fasid, as the weaker party in the covenant you can just ignore the condition, if you were the stronger party, you would have to fix the fasad. however as long as the subject matter of the contract is halal, then the other conditions will not invalidate it, but will only make it fasid (incomplete).

As Muslims we must obey Allah, even if it goes against 'logic' or 'ration', and we should not have emotions except in accordance to the shari'ah, although we may feel angered at the continual betrayal of the kuffar and their murderous war on Islam and Muslims, we must respond according to that which pleases Allah (swt), Furthermore noone can call themselves Mujahid fee sabilillah, or claim that they are fighting for the sake of Allah while they betray the commands of Allah (swt) to adhere to the covenant. Furthermore it is not possible to fight Jihad except to please Allah (swt), if we do so for our own sake, or our own revenge or to relieve our own personal anger instead of to make Allah's word the highest, we would merely be risking being doomed in the hellfire and would be wasting our time and disobeying Allah (swt). Allah (swt) said: "Fulfil the covenant of Allah, when you have affirmed it, and do not break the affirmation of the oath. And you make Allah the witness over you, and Allah knows all that you do." [EMQ ʿNahl: 91]

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