Trading with those at war with Muslims

From: "I khan" <no1khan@xxxxxxxxxxx>
To: <imran_dist@xxxxxxxxxxxxx>
Date: Sun, 13 Apr 2003 16:22:41 +0100


Trading with those at war with Muslims

Question:

If the Muslims are at war with a particular country (or group within
that country) what are the exact restrictions on doing trade with that
country / group? Is it restricted to simply not supplying them with
their 'needs' and anything else that can be put to use against the
Muslims? Or is it wider than this? What if one doesn't know what the use
the items will be put to i.e whether they will be used to the
disadvantage of Muslims?

 

In the Name of Allah, Most Merciful and Compassionate,

Assalamu alaikum,

Imam Bukhari mentions in his Sahih Bukhari that, "Imran ibn Husayn
(Allah be pleased with him) said that it is not permitted to sell
weapons in times of turmoil (fitna)." [2.741]

Imam Ahmad (Allah have mercy on him) said, "The Prophet (Allah bless him
& give him peace) forbade selling weapons in times of turmoil."

It is prohibitively disliked (makruh tahriman) to trade with those at
war with Muslims in any way that strengthens them in their war, as long
as the enmity remains. As for that which does not aide them in their war
with Muslims, it is not prohibitively disliked to trade with them.

Imam Tumurtashi explains in his Tanwir al-Absar, considered the very
best base text (matn) in Hanafi fiqh, because of its detail and
accuracy, regarding those at war with Muslims:

"And we do not sell to them that which aides them in their war, not do
we transport with matters to them, even after a truce."

Imam Haskafi explains in his commentary on Tanwir al-Absar,  al-Durr
al-Mukhtar, that "we do not sell" means that it is it is prohibited, as
mentioned by Imam Zayla`i. 

Ibn Abidin mentions that what is meant by "that which aides them in
their war" is 'anything that is used in war, even if small such as a
needle,' and then explains that anything used to aide the war effort,
such as silk that would be used to make flags, is also prohibited to be
sold to those at war with Muslims. [Ibn Abidin / Haskafi / Tumurtashi,
Radd al-Muhtar `ala al-Durr al-Mukhtar Sharh Tanwir al-Absar, 3.226,
Bulaq ed.]

As for your particular situation:

 

1. It would depend on who the buyer is and where. If the goods are being
sent to America, and are limited in numbers relative to the size of the
army, it would be reasonable to assume that it is for the personal uses
of Muslim soldiers, and it may well not be prohibited (i.e.
prohibitively disliked) to sell to them. 

 

2. If it is being sent to the deployed army, it would certainly be
prohibited.

 

3. Top Muslim scholars across the world have called for an economic
boycott of American (and Israeli) goods. This also relates to dealing
with those elements of American society (such as the army) that are at
war with Muslims. 

 

While many major scholars have stated that such a boycott is obligatory,
I am honestly not sure of whether it is religiously obligatory. It
certainly is at least a highly recommended form of economic jihad. It is
the best way; the way of caution; the way most pleasing to Allah; the
way the early Muslims would certainly have responded.

 

And Allah knows best, and He alone gives success. 

 

Wassalam, your brother, 

 

Faraz Rabbani

 

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