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Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh.
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 questioner, 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.
Answering the question, Sheikh Faysal Mawlawi, vice chairman of the European Council for Fatwa and Research, issues the following Fatwa:
"No doubt that the American Muslim soldier is between the devil and the deep blue sea and he is facing a difficult situation.
The difficulty of the situation, on the one hand, lies in being an American citizen who have to abide by the American laws and to support his country.
On the other hand, the American Muslim soldier is by and large a Muslim, who is required to abide by the ordinances of his religion (i.e. not to fight against his fellow Muslim brothers.)
Facing this ordeal, the American Muslim soldier has to strike a balance and to choose the lesser of the two evils. If he manages to shift from being indulged in a direct military confrontation against his fellow Muslim brothers; i.e. to carry out any other non-military act, then he is obliged to do so. As far as we know, American laws allow the American soldier to undertake such measures.
However, if the American Muslim soldier have no choice but to take part in a direct military act against his fellow Muslim brothers, then he is considered overwhelmed beyond limit, and he will bear the responsibility of his choice both in this world and in the Hereafter.
As a basic rule in Islam, a Muslim is not allowed to fight against his fellow Muslim brother. This is also a stated fact in the Shari`ah. However, a Muslim is excused for not being able to carry out Allah’s Ordinances if he has no means to put them in effect. Referring to this fact, Allah Almighty says, “ So keep your duty to Allah as best ye can…” (At-Taghabun: 16)
He Almighty also says, “Allah tasketh not a soul beyond its scope…”’ (Al-Baqarah: 286)"
You can also read:
Muslim Soldiers’ Participation in War on Iraq
Participation of Muslim Soldiers in US & Its Allies Armies in War on Iraq
If you have any further questions, please don't hesitate to write back!
May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.
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