An Important Ruling Regarding Containers that Supply Goods for American and NATO
Forces
Al-Qaeda in Indian Subcontinent
October 19, 2014
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Jamia al Uloomal Islamia, Binori Town Karachi
What is the opinion of the honourable jurists regarding the following matter?
The containers that supply goods for American forces are loaded with different kinds of goods. If
the Mujahideen confiscate these containers:
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What is the ruling of the goods? Should they be burnt or treated as spoils of war?
What is the ruling of the driver of such a container? Should he be killed, imprisoned, released
after payment of ransom money, or physically beaten and set free?
• What is the ruling of the container when it is the private property of the driver? Should the
container be burnt or taken as booty?
Kindly give a reasoned and detailed answer in the light of definitive proofs.
All praise belongs to Allah (swt) and may peace and blessings be upon the Messenger of Allah.
The answer is as follows:
Let us start off by making it clear that the wealth and property that comes into the hands of the
Mujahideen as a result of overcoming the disbelievers during jihad in the path of Allah (i.e.
fighting) is referred to as “Spoils of War” in Shariah. In the above mentioned scenario, if the
Mujahideen expropriate the logistic supplies of the Americans, such goods should be treated as
spoils of war, whatever the nature of the goods in question. The initial battles of the Prophet
and his Companions were of this nature. Whenever the Prophet (peace be upon him) received
information that a trade caravan of the Quraish was leaving Syria for Makkah via Madina, he
(peace be upon him) dispatched a team of the Companions to pursue it. Several such
expeditions were sent in the days immediately following the Hijrah (migration) to Madinah.
Disrupting trade and economic activities of the disbelievers, and specially cutting off supplies
for their soldiers during war, and taking possession of their supplies as spoils of war in order to
undermine their power, is not only permissible but absolutely necessary if we wish to stop their
transgression against Muslims.
It should be made clear that it is considered totally Haram in Shariah for Muslims to befriend
disbelievers, contribute to their strength, or cooperate with them in anyway, especially when
this leads to harmful consequences for Muslims. The Quran repudiates anyone who, after
having been warned, befriends the disbelievers or helps them, whether directly or indirectly,
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intentionally or otherwise. Such people have been threatened with a great punishment.
Allah (swt) says in the Quran:
“O you who believe! Do not take friends from the Jews and the Christians, as they are but
friends of each other. And if any among you befriends them, then surely, he is one of them.
Verily, Allah guides not those people who are the wrongdoers.”(Al Maidah: 51)
Therefore, supplying goods for American soldiers or helping them in any way is totally Haram,
and a cause of Allah’s displeasure.
In the scenario presented by the questioner, those who are involved in the transportation of
supplies for the occupying armies of NATO and America, whether they own the containers or
not, are committing the cardinal sin of providing support to these armies against Muslims and
are thus guilty of performing a Haram (impermissible) act.
On the basis of clear evidence from the Quran and Sunnah, any Muslim who helps and
supports the disbelievers by any means, whether by fighting alongside them or providing them
weapons, is an enemy of Islam and a criminal according to the Shariah. Therefore, if such
Muslims are caught in a war zone it is permissible to imprison them and, if necessary, kill
them. As regards their imprisonment, it is also permissible to release them after payment of
ransom.
The ruling of the container is the same as the ruling for the goods therein, i.e. if the Mujahideen
take the container into their possession in a war zone, they may consider it as part of their booty.
Allah (swt) knows best.
Written by:
Muhammad Waliullah Hussain, Specialist in Fiqh,
Jamia al Uloom al Islamia, Binori Town, Karachi.
Resurgence Magazine
Issue 1, Fall 2014
Courtesy of Jihadology
Jihadology.net
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