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Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.
Contributing to reconstructing Iraq is a duty upon Muslims; it does not contradict with a religious text or principle. Taking part in such a work is not to be regarded as a sign of agreeing to or legitimizing the aggressive American occupation of Iraq. Accordingly, the wages the Muslim people working in that field receive are lawful. But this is on condition that they do not do anything against Islamic teachings, i.e., they are not to obey their employer in something that involves disobedience to Almighty Allah. Below is the fatwa given by a group of muftis on this subject.
Dr. Amir `Abdul-Azeez, professor of Shari`ah at An- Najah University, Nablus, Palestine, states:
“The Muslims form one united nation; they are to feel for one another when one of them is suffering a calamity or the like. Prophet Muhammad (peace and blessings be upon him) is reported to have said: 'Muslims are like one body of a person; if the eye is sore, the whole body aches, and if the head aches, the whole body aches.' (Reported by Muslim) Hence, Muslims all over the world are required to support their fellow brethren in Iraq in such hard times. They are to help them in every possible way, whether by donating money or by contributing to reconstructing their country in cooperation with the companies contracted to do so. Muslims are to help the Iraqis overcome the calamities that afflict them, whether this has to do with famine, diseases or the like. It does not matter whether such help is in cooperation with the American companies, for one is to be reckoned for one’s deeds according to one’s intentions on doing them. The Prophet (peace and blessings be upon him) said: 'Actions are judged by intentions and everyone will be judged according to his intention…'
The point here is to support the Iraqis and help them overcome the calamities they face. But if the Iraqis are in no need of such a help, and the Muslims’ cooperating with the American occupiers in such respect would be of no effect but to improve the image of the Americans in the world, in addition to serving the Americans’ economic aims in that regard, the Muslims are not required to give such a help.”
Moreover, Sheikh Ja`far At-Talhawi, a prominent Al-Azhar scholar, states the following:
“As for the national Iraqi contractors, the people of this country are worthier [than foreigners] to construct their country.
Contributing to rebuilding what has been destroyed of their country is a religious duty upon them. There is a rule of Shari`ah that underlies this duty: 'He who destroys a thing is to repair it.' It does not matter with whom they are to cooperate in that regard. They can do so with any company, so long as it does not contradict with a religious text or principle. What is important is that such a contribution is not to be regarded as a sign of supporting or giving legitimacy to the American occupation of Iraq. We beseech Allah to deliver Iraq from such aggressive occupiers and abort their evil attempts to dominate it. In addition to all that, the Iraqi contractors may be keener on doing the work better than the foreigners, for their religion (Islam) requires them to be honest and do their best in their work. There is nothing that prevents one from asking to participate in this work, especially if it has to do with the national interest. Prophet Yusuf so did according to the Qur’an: “He said: ‘Set me over the storehouses of the land; I am a skilled custodian.’” (Yusuf: 55)
As for working for the American and British companies in that respect, first, it is lawful for Muslims to travel to Iraq and work for such companies, as a means of earning livelihood. Almighty Allah says: “Whoso migrateth for the cause of Allah will find much refuge and abundance in the earth…” (An-Nisa’: 100)
Second, to realize the great importance Allah has given to seeking earning a livelihood even by means of traveling to another country, Almighty Allah has exempted those who travel to earn their livelihood from offering the night vigil prayer as referred to in the Qur’an: “Lo! thy Lord knoweth how thou keepest vigil sometimes nearly two thirds of the night, or (sometimes) half or a third thereof, as do a party of those with thee. Allah measureth the night and the day. He knoweth that ye count it not, and turneth unto you in mercy. Recite, then, of the Quran that which is easy for you. He knoweth that there are sick folk among you, while others travel in the land in search of Allah's bounty, and others (still) are fighting for the cause of Allah. So recite of it that which is easy (for you)”(Al-Muzzammil: 20)
Third, hiring and renting contracts are among the lawful contracts that enable people to exchange services and things for mutual interest, and so are the contracts of different industries. The parties’ difference in religion and nationality does not affect the lawfulness of a contract. It was reported that Prophet Muhammad (peace and blessings be upon him) hired a non-Muslim person to guide him and Abu Bakr during their emigration from Makkah to Madinah. It was also reported that during the Battle of Hunayn, he (peace and blessings be upon him) asked Safwan ibn Ummayah, before the latter’s embracing Islam, to give him some armors. Safwan asked the Prophet: “Are you going to take them by force, Muhammad?” He (peace and blessings be upon him) said that he would just borrow them, and he would be financially liable for them if they were lost or destroyed.
Fourth, the contracts held between Muslims and non-Muslims are lawful, so long as they do not imply terms that may cause the Muslims humiliation or lead them to do something that contradicts their religious teachings.
As for the wages the workers receive in return for the services they do for the contractors regarding reconstructing Iraq, they are lawful.”
Dr. Nasirud-deen Muhammad Ash-Sha`ir, Dean of the Faculty of Shari`ah, An-Najah University, Palestine, adds:
“As far as Shari`ah is concerned, I do not see any shar`i objection regarding the two points raised in the question, unless there are some cautions that are to be taken into account regarding the Shari`ah-oriented policy and the interests of people. Such matters are to be determined by local scholars who are more aware of the surrounding circumstances and know what is best in the interests of people. As for the basic shar`i ruling in that regard, there is nothing that prevents working in reconstructing Iraq under such circumstances, especially if the workers have no source of earning livelihood but to work with the American companies in that field.”
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