Seeking Assistance from Non-Muslims in Light of the General Objectives of Islamic Law

Abstract

This research addresses the topic of seeking assistance from non-Muslims in light of the Sharia texts and the general objectives (Maqasid) of Sharia, due to its urgency and the controversy it raises in the political and civil reality of Islamic societies. The research problem is embodied in the question of the permissibility of seeking assistance from non-Muslims in various Muslim affairs, and the consequences of distinguishing between what achieves the interests of the Ummah and preserves the objectives of Sharia, and what may bring harm to it. The researcher relied on the descriptive-analytical method, by collecting Sharia texts and scholars’ opinions and analyzing them in the light of the necessary, complementary, and reformative objectives of Sharia. The research was divided into two sections: the first dealt with seeking assistance in light of the Sharia texts, while the second focused on its relation to the general objectives of Sharia. The research concluded that Sharia does not oppose seeking assistance from non-Muslims in cases where interests are achieved and harms are prevented, within Sharia controls that ensure the safety of religion and the dignity of the Ummah. The research also emphasized the need to establish a Maqasid-based jurisprudence in light of a complex reality in which necessities and interests intertwine, and proposed Sharia controls and standards for seeking assistance in light of the objectives, to preserve the balance between principles and realistic dealings.

The results showed that seeking assistance from non-Muslims is neither absolutely forbidden nor absolutely permissible, but depends on the realization of Sharia controls of benefit and absence of harm, while maintaining the creed and Islamic independence. Also, seeking assistance achieves essential Sharia objectives such as preserving life, religion, wealth, intellect, and honor, in addition to reformative objectives in education, medicine, and industry.

The research recommends rooting the jurisprudence of dealing with non-Muslims according to Sharia objectives while considering contemporary changes, raising Sharia awareness, and calling on jurisprudential councils to reconsider the topic in a way that serves the interests of the Ummah.