Question:

As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu

My dear brother, I have a question. I live in the city of Khalil ul Rahman (Hebron) and everyone knows how we are afflicted with suffering by this Palestinian Authority and how destructive it is and its reality is well-known. My question has two parts:

First: Is everyone who is associated with its departments considered sinful i.e. is it not permissible, including to be a traffic policeman?

Second: What is the ruling for the one who works for them (in their headquarters) as craftsmen, like builder, tillers, and mason, etc?

Wa Alaikum us-Salaam wa Rahmatullah wa Barakatuhu

Answer:

Wa Alaikum us-Salaam wa Rahmatullah wa Barakatuhu,

1. As regards to working as a police officer for the Palestinian Authority, Abu Ya`la reports a hadith in his Musnad as well as Ibn Hibban in his Sahih and the wording is to Abi Ya`la, that: Abu Sa`id and Abu Hurayrah both said that: the Messenger of Allah (saw) said:

«لَيَأْتِيَنَّ عَلَى النَّاسِ زَمَانٌ يَكُونُ عَلَيْكُمْ أُمَرَاءُ سُفَهَاءُ يُقَدِّمُونَ شِرَارَ النَّاسِ، وَيَظْهَرُونَ بِخِيَارِهِمْ، وَيُؤَخِّرُونَ الصَّلَاةَ عَنْ مَوَاقِيتِهَا، فَمَنْأَدْرَكَ ذَلِكَ مِنْكُمْ، فَلَا يَكُونَنَّ عَرِيفًا وَلَا شُرْطِيًّا وَلَا جَابِيًا وَلَا خَازِنًا»
"A time will come when you will have idiotic and despotic rulers over you putting forward the most evil of people and follow them in their choices and they will delay the Prayer from its fixed times. So if you are in that time, then do not be a corporal, a policeman, a tax collector or treasurer..."

The hadith mentions the unrestricted prohibition by the Messenger of Allah for being any of these persons when the ruler is idiotic and despotic. However, al-Tabarani extracted in his [al-Mu`jam] al-Saghir and al-Awsat from the following narration from Abu Hurayrah: «فَمَنْ أَدْرَكَ مِنْكُمْ ذَلِكَ الزَّمَانَ فَلَا يَكُونَنَّ لَهُمْ جَابِيًا، وَلَا عَرِيفًا، وَلَا شُرْطِيًّا ْ» ‘Whoever is present at that time, then let him not be a tax collector, treasurer or policeman for them'. He said: «فَلَا يَكُونَنَّ لَهُمْ» ‘and do not be for them' which is a restricted prohibition due the letter ‘lam/اللام' denoting ‘specification' (lam li'l-ikhtisas). This indicates the prohibition relates to working for those specific rulers, such as protecting them, or working as a private security service for them as well as a treasurer for them or any other such security services.

The principle in Usul [al-Fiqh] is that the unrestricted (mutlaq) is understood by the restricted (muqayyad). Therefore, the prohibition refers to working as an officer or policeman that involves security and protection of the rulers like guarding the president and his aides, treasurer to his wealth or a policeman for the state security and such jobs.

As for regular police departments, it is permitted provided of course that does not involve oppressing others or taking their rights but investigating the truth of work. This is not only the case for the police department but for every department. Therefore, it is permitted to work as a traffic police officer and in similar posts.

2. Regarding other kinds of work such as being employed as a tiller, builder, mason, then, these are permitted. A contract of employment (ijarah) is permitted whether for a Muslim or non-Muslim as long as the work is permitted in origin and there is not in an actual state of war with non-Muslims because such a situation has specific Shar'i rulings. Ibn Majah relates from Ibn `Abbas that:
أَصَابَ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَصَاصَةٌ فَبَلَغَ ذَلِكَ عَلِيًّا فَخَرَجَ يَلْتَمِسُ عَمَلًا يُصِيبُ فِيهِ شَيْئًا لِيُقِيتَ بِهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَتَى بُسْتَانًا لِرَجُلٍ مِنْ الْيَهُودِ فَاسْتَقَى لَهُ سَبْعَةَ عَشَرَ دَلْوًا كُلُّ دَلْوٍ بِتَمْرَةٍ فَخَيَّرَهُ الْيَهُودِيُّ مِنْ تَمْرِهِ سَبْعَ عَشَرَةَ عَجْوَةً فَجَاءَ بِهَا إِلَى نَبِيِّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ

"The Prophet was in need of food and news of that reached `Ali. He went out seeking work so that he could earn something to give to the Messenger of Allah. He came to a garden belonging to a Jewish man and he drew seventeen buckets of water for him, each bucket for a date.

The Jew gave him the option to take seventeen of his `ajwah dates (a high quality of dates) and he brought them to the Prophet of Allah."
Al-Tirmidhi also narrated something similar and it is an evidence that it is permissible to seek work in the permissible (mubah) areas with a non-practicing Muslim because it is allowed to work for a non-Muslim. Thus, working for the authorities in a permissible job is allowed.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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