8. Al-Anfal Page 186 یٰۤاَیُّهَا O النَّبِیُّ Prophet قُلْ Say لِّمَنْ to whoever فِیْۤ (is) in اَیْدِیْكُمْ your hands مِّنَ of الْاَسْرٰۤی ۙ the captives اِنْ If یَّعْلَمِ knows اللّٰهُ Allah فِیْ in قُلُوْبِكُمْ your hearts خَیْرًا any good یُّؤْتِكُمْ He will give you خَیْرًا better مِّمَّاۤ than what اُخِذَ was taken مِنْكُمْ from you وَ یَغْفِرْ and He will forgive لَكُمْ ؕ you وَ اللّٰهُ And Allah غَفُوْرٌ (is) Oft-Forgiving رَّحِیْمٌ Most Merciful وَ اِنْ But if یُّرِیْدُوْا they intend خِیَانَتَكَ (to) betray you فَقَدْ certainly خَانُوا they have betrayed اللّٰهَ Allah مِنْ from قَبْلُ before فَاَمْكَنَ So He gave (you) power مِنْهُمْ ؕ over them وَ اللّٰهُ And Allah عَلِیْمٌ (is) All-Knower حَكِیْمٌ All-Wise اِنَّ Indeed الَّذِیْنَ those who اٰمَنُوْا believed وَ هَاجَرُوْا and emigrated وَ جٰهَدُوْا and strove hard بِاَمْوَالِهِمْ with their wealth وَ اَنْفُسِهِمْ and their lives فِیْ in سَبِیْلِ (the) way اللّٰهِ (of) Allah وَ الَّذِیْنَ and those who اٰوَوْا gave shelter وَّ نَصَرُوْۤا and helped اُولٰٓىِٕكَ those بَعْضُهُمْ some of them اَوْلِیَآءُ (are) allies بَعْضٍ ؕ (of) another وَ الَّذِیْنَ But those who اٰمَنُوْا believed وَ لَمْ and (did) not یُهَاجِرُوْا emigrate مَا (it is) not لَكُمْ for you مِّنْ (of) وَّلَایَتِهِمْ their protection مِّنْ (in) شَیْءٍ (in) anything حَتّٰی until یُهَاجِرُوْا ۚ they emigrate وَ اِنِ And if اسْتَنْصَرُوْكُمْ they seek your help فِی in الدِّیْنِ the religion فَعَلَیْكُمُ then upon you النَّصْرُ (is to) help them اِلَّا except عَلٰی against قَوْمٍۭ a people بَیْنَكُمْ between you وَ بَیْنَهُمْ and between them مِّیْثَاقٌ ؕ (is) a treaty وَ اللّٰهُ And Allah بِمَا of what تَعْمَلُوْنَ you do بَصِیْرٌ (is) All-Seer وَ الَّذِیْنَ And those who كَفَرُوْا disbelieve بَعْضُهُمْ some of them اَوْلِیَآءُ (are) allies بَعْضٍ ؕ (to) another اِلَّا If not تَفْعَلُوْهُ you do it تَكُنْ (there) will be فِتْنَةٌ oppression فِی in الْاَرْضِ the earth وَ فَسَادٌ and corruption كَبِیْرٌؕ great وَ الَّذِیْنَ And those who اٰمَنُوْا believed وَ هَاجَرُوْا and emigrated وَ جٰهَدُوْا and strove hard فِیْ in سَبِیْلِ (the) way اللّٰهِ (of) Allah وَ الَّذِیْنَ and those who اٰوَوْا gave shelter وَّ نَصَرُوْۤا and helped اُولٰٓىِٕكَ those هُمُ they (are) الْمُؤْمِنُوْنَ the believers حَقًّا ؕ (in) truth لَهُمْ For them مَّغْفِرَةٌ (is) forgiveness وَّ رِزْقٌ and a provision كَرِیْمٌ noble وَ الَّذِیْنَ And those who اٰمَنُوْا believed مِنْۢ from بَعْدُ afterwards وَ هَاجَرُوْا and emigrated وَ جٰهَدُوْا and strove hard مَعَكُمْ with you فَاُولٰٓىِٕكَ then those مِنْكُمْ ؕ (are) of you وَ اُولُوا But those الْاَرْحَامِ (of) blood relationship بَعْضُهُمْ some of them اَوْلٰی (are) nearer بِبَعْضٍ to another فِیْ in كِتٰبِ (the) Book اللّٰهِ ؕ (of) Allah اِنَّ Indeed اللّٰهَ Allah بِكُلِّ of every شَیْءٍ thing عَلِیْمٌ۠ (is) All-Knower
(8:70) O Prophet! Say to the captives in your hands: 'If Allah finds any goodness in your hearts He will give you that which is better than what has been taken away from you, and He will forgive you. Allah is Ever-Forgiving, Most Merciful.'
(8:71) But if they seek to betray you, know that they had already betrayed Allah. Therefore He made you prevail over them. Allah is All-Knowing, All-Wise.
(8:72) Surely those who believed and migrated and strove hard in the way of Allah with their possessions and their lives, and those that sheltered and helped them - they alone are the true allies of one another. And those who believed but did not migrate (to Dar-al-Islam), you are under no obligation of alliance unless they migrate.50 And should they seek help from you in the matter of religion, it is incumbent on you to provide help unless it be against a people with whom you have a pact.51 Allah is cognizant of all that you do.
(8:73) And those who disbelieve. they are allies of one another; and unless you act likewise. there will be oppression in the world and great corruption.52
(8:74) Those who believe and have migrated and strove in the way of Allah, and those who gave them refuge and help - it is they who are the true believers. Theirs shall be forgiveness and honourable sustenance.
(8:75) And those who believed afterwards and migrated and strove along with you: they belong to you. But those related by blood are nearer to one another according to the Book of Allah.53 Allah has knowledge of everything.
50. The above verse is an important provision in Islamic constitutional law. For it prescribes that any agreement on guardianship would be applicable exclusively to Muslims who are either the original inhabitants of the territory which has become Dar al-Islam (the Domain of Islam) or Muslims who have migrated to the Dar al-Islam. As to Muslims living outside the jurisdiction of the Islamic state, the bond of religious brotherhood would doubtlessly exist between them and Muslim residents of the Islamic state. The two groups, however, would not have the relationship of walayah (mutual alliance). Likewise, a walayah relationship would not exist between Muslims who do not migrate to Dar al-Islam but come to it as Muslim subjects of a non-Muslim state.
The Arabic word walayah denotes the relationship of kinship, support, succour, protection, friendship, and guardianship. In the context of the present verse the word signifies the relationship of mutual support between the Islamic state and its citizens, and between the citizens themselves. Thus, this verse lays down that in a political and constitutional sense, only those Muslims who live within the territorial boundaries of the Islamic state will enjoy the privileges of walayah (guardianship) of the Islamic state. As for Muslims who are settled in a non-Islamic state, they are excluded from its political and constitutional guardianship.
It is difficult to spell out in detail the implications of this rule. Just to give some idea of it. it should be pointed out that because they lack guardianship the Muslims of Dar al-Kufr (the Domain of Unbelief) cannot inherit the property of a deceased Muslim in the Islamic state. Nor may they act as guardians of Muslim citizens of an Islamic state. Nor is it lawful for a matrimonial contract to be made between Muslims, one of whom is living in an Islamic state and the other outside of it. Likewise, the Islamic state may not appoint to an office of authority those who have not surrendered their citizenship of the non-Islamic state. Above all, these provisions of Islamic law determine the foreign policy of the Islamic state. (Cf. Ibn Qudimah, al-Mughni, vol. 8, pp. 456-8 - Ed.) Since this clause restricts the role and control of the Islamic state over Muslims living within that state, the Islamic state is not obliged to look after the Muslims outside its domain. The following tradition embodies this point: 'I am acquit of every Muslim living among the polytheists.' (Abu Da'ud. 'Jihad', 'Bab al-Nahy'an, 'katl man i'tasama bi al-Sujud - Ed.) Islamic law, therefore, strikes at the root cause of the conflict which bedevils the relationship between different nations. For, whenever a state tries to champion the cause of the minority living outside its territory, it gives rise to intricate problems which cannot be resolved even by a succession of wars.
51. The above verse makes it clear that the Muslims living outside the Islamic state have no political bond with the Islamic state. This verse, however, does emphasize that those Muslims are not free of the bond of religious brotherhood. If Muslims living in a non-Islamic state are persecuted and seek help from the Islamic state or its citizens, it is incumbent upon the latter to help the persecuted Muslims.
While helping one's brethren-in-faith the Muslims are expected to act scrupulously. This help should be rendered without iritermitional oblioations and with due regard to the requirements of rnoral propriety.
If the Islamic state happens to be bound in a treaty relationship with a nation which inflicts wrong on Muslims, the oppressed Muslims will not be helped in a manner which is inconsistent with the moral obligations incumbent on the Islamic state as a result of that treaty .
The Qur'an uses the word mithaq for treaty. This expression is a derivative of an Arahic word which stands for trust and confidence. The expression, therefore, implies that the two parties trust each other, that there is no difference between-them irrespective of whether a no-war agreement has been formally, concluded or not.
The actual words of the verse "bainakum wa bainahum mithaq" ('[unless there be] a pact between you and them') make it plain that the treaty concluded by the Islamic state with a non-Muslim state does not merely bind the two governments. The moral obligations arising from that treaty are binding upon the Muslim nation as a whole including its individuals not to violate the obligations of the treaty into which an Islamic state has entered with some other state. However, it is only the Muslims of the Islamic state who are bound by the agreement signed by the Islamic state. Muslims living outside the Islamic state have no such obligations. This accounts for the fact that Abu Basir and Abu Jandal were not bound by the Hudaybiyah treaty concluded between the Prophet (peace he on him) and the Makkan unbelievers.
52. If the words 'unless you also help one another' in the verse are regarded as a continuation of the preceding verse, they would mean that if Muslims do not support each other in the way, unbelielers do, this would give rise to much mischief and disorder in the world. However, if these words are considered to be connected with the directives embodied in (verse 72) onwards, their purpose would be to emphasize that the world would become full of mischief and disorder if the Muslims of Dar al-Islam (a) failed to help one another; (b) failed to provide political support and protection to the Muslims who have settled down in non-Islamic states and have not migrated to Dar al-lslam; (c) failed to help the Muslims living under oppression in territories outside Dar al-Islam when they ask for it, and (d) failed to sever their friendly ties with the unbelievers.