The army is divided into two parts: The “Reserves”, which consists of all the Muslims who are able to perform the military tasks; and the “regulars” that are permanent conscripts in the armed forces and receive salaries from the State’s funds just like any other employee. .

This is derived from the obligation of Jihad, for verily every Muslim is commanded to perform the duty of Jihad, and hence is obliged to train for it. As for the need to have a regular army, this is based on the Shariah principle which States, ‘That which is necessary to accomplish a duty is itself a duty.’ Since the duty of Jihad cannot be carried out continuously, and Islam and Muslims cannot be protected from the kuffar, except through the presence of a permanent army, the Imam is therefore obliged to have a regular army at his disposal. .

As for the allocation of salaries for the armed forces, it is obvious that they are to be treated like any other employee. A non-Muslim is not required to perform Jihad, but if he did it would be acceptable from him, and it would be permitted to pay him for it and to allocate funds for him. This is due to what Al- Tirmidhi narrated from Al-Zuhri that: .

“The Messenger of Allah (PBUH) sought the services of some of the Jews and he allocated a share to them.” Also Ibn Hisham narrated that: .

“Safwan b. Umayah went on an expedition with the Messenger of Allah (PBUH) to Hunain whilst still a mushrik, and the Prophet ( PBUH) allocated some money for him from the spoils of Hunain from Mu’allafati Qulubihim’s (new converts) share.” [al-Nasa’i, Sunan, #4723].

Thereupon, it is allowed for the disbeliever to fight for the Islamic army, and be given funds because of his presence with them. Moreover, the definition of ‘Imara’ or hiring as being a contract concluded over benefit in return for compensation means that hiring is allowed for every benefit which the employer can receive from the hired person. So hiring a person for the army and fighting is included in such a contract because it is a benefit. Thus, the general evidence of hiring over any benefit is a valid evidence for allowing the hiring of the kuffar for the Army, military service and fighting. .