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التسجيل
من طرف In the Name of Allâh, the Most Beneficent, the Most Merciful
taken form the
book entitled: 'Al Wala' wa'l Bara' Authored by: Muhammad Sa'eed
Al Qahtani
This is one of the most important facets of our discussion, since
alliance and dissociation are always among the primary motivating
factors of migration for the sake of Allah. We will divide our discussion
of this into two broad areas:
1. Living among
the disbelievers and its ruling.
2. Migrating
from the abode of disbelief to the abode of Islam.
1. Living in
the abode of disbelief
The jurists
have explained the complimentary concepts of the "Abode of
Disbelief' and that of "Islam" as follows:
The Abode of
Disbelief is whatever land is ruled by the disbelievers, in which
the laws of the disbelievers are supreme and political power is
in their hands. These lands may be of two types. One which is at
war with the Muslims and one which enjoys a truce with them. The
determining factor is that it is ruled by the laws of the disbelievers;
for it is the "Abode of Disbelief' or "Dar ulKufr",
even if a large majority of Muslims live there. [33]
The Abode of
Islam is any land that is ruled by the Muslims, where the Shari'ah
is the supreme law and the Muslims hold political power. It is Dar
ul-Islam, even if the majority of the population are disbelievers,
so long as the Muslims rule it according to the Shari'ah. [34]
As Islam is
the religion of dignity and authority, it was impossible to think
of any Muslim submitting himself to the disbelievers; indeed it
is forbidden for a Muslim to go to live amongst them and acknowledge
their authority over him, because his presence amongst them would
make him feel weak and isolated, and, then he would become docile
and apologetic before them. He would first be called upon to approve
of them, and then to follow them. But Muslims should be filled with
morale and confidence, they should be leaders, not followers. They
should hold the reins of power; no power should be above them but
that of Allah. Therefore Muslims were forbidden to remain in countries
where Islam is of no account, except when they are able to freely
practice their religion and to observe it without any impediment,
and without any fear that their presence there could damage them
in any way. If this is not the case, then they must migrate to a
better place where the authority of Islam is of some account. If
they refuse to do so, while they are able, then they would have
no further claims on this religion. About this Allah has spoken
in Surat an-Nisa:
Verily! As for
those whom the Angels have taken (in death) while they are wronging
themselves (as they stayed among the disbelievers even though emigration
was obligatory to them), they (angels) asked them, "In what
condition were you?". They replied, "We were weak and
oppressed on earth". The Angels asked, "Was not the earth
of Allah spacious enough for you to migrate therein?" Such
men will find their abode in Hell - what an evil destination! Except
the weak ones among men, women and children who were unable to devise
a plan, nor are they able to direct their way [35]
The Prophet
(peace be upon him) said, “I am not responsible for any Muslim
who stays among polytheists. They asked: 'Why, Apostle of Allah?
He said: ‘Their fires should not be visible to one another.’,
and he (peace be upon him) said, “Who joins the polytheists
and lives with them then he is like them” and he (peace be
upon him) said: “Migration will not end until repentance ends,
and repentance will not end until the sun rises in the west.”[36]
Al-Hassan Ibn
Salih said: "whoever remains in the land of the enemy, will
be treated like the disbelievers, so long as he was able to join
the Muslims but did not do it. If one of the disbelievers accepts
Islam, but still remains with the disbelievers, even though he was
able to go to join the Muslims, he is to be treated like them; neither
his blood nor his property will be protected. , [37]
Al-Hassan said:
"If a Muslim emigrates to the land of the disbelievers, yet
does not renounce Islam, he will be an apostate by virtue of his
abandonment of 'Dar ul-Islam"'[38] . (The Arabic text of the
preceding passage refers to the land of the disbelievers as ‘dar
ul-harb' and 'Ard ul-Adu', that is: the 'land of the enemy'; this
indicates an active military opposition to the Muslims, as if in
a state of war).
Ibn Hazm states
that: "Whoever joins the 'land of war and disbelief, of his
own free will and in defiance of whoever amongst the Muslims calls
him to his side, is by virtue of this act an apostate, by all the
laws of apostasy, in Islam. Whoever is able to kill him must do
so. His property is unprotected, his marriage null and void, all
his rights are swept away.
But whoever
flees to the 'land of war' for fear of oppression, who neither opposes
the Muslims in anything nor bears any malice towards them, and who
was not able to find any refuge among the Muslims, is free of any
guilt since he was compelled to leave.
As for someone
who takes the Muslims as his enemies, offering his help and his
service to the disbelievers, he is a disbeliever. But those who
would emigrate to non-Muslim lands in search of wealth or prosperity
to live under their protection, while they were able to go to live
amongst the Muslims in their own land, but still do not withdraw
themselves from the disbelievers; such people are not far from the
fold of disbelief, and we can find no possible excuse for them,
so we ask Allah's Forgiveness.
As for the person
who lives in the land of Karmathians by his own free will, he is
without doubt a disbeliever, because they are avowed enemies of
Islam, disbelievers and apostates who only long for the destruction
of the Muslims. Concerning those who live in a land where some heretic
tendencies, leading to disbelief, are manifested, they are not considered
disbelievers, as Islam is supreme in the land where it is possible
to practice Islam openly; to confirm the message of the Prophet
Muhammad (peace be upon him), read the Qur'an, establish the prayer,
perform the fast of Ramadan and fulfil one's obligations entirely.
The words of
the Prophet (peace be upon him), "I am not responsible for
any Muslim who stays among polytheists" should clarify what
we have said so far. It is clear that the Prophet (peace be upon
him) refers here to the 'Dar ul-Harb', and because he (peace be
upon him) appointed some Companions as governors of Khaibar (Jewish
land), even though everyone who lived there were Jews.
If a disbeliever
conquers a Muslim country, then acknowledges their religion (Islam),
but assumes authority over them, and then claims any other religion
than Islam, whoever lives with him, supports, or serves him in any
way is a disbeliever, even if he claims to be a Muslim, as aforementioned.
,[39]
Sheikh Hamad
Ibn Ateeq, may Allah have mercy upon him, divided those Muslims
who live in nonIslamic countries into three groups: Those who prefer
to live amongst Non-Muslims because of their affection for them;
those who live amongst non-Muslims yet ignore their obligation to
denounce disbelief; and those who live amongst the non-Muslims but
uphold their obligation to denounce disbelief.
The first group:
stays amongst the disbelievers by choice and inclination, they praise
and commend them, and are happy to disassociate themselves from
the Muslims. They help the disbelievers in their struggle against
the Muslims in any way they can, physically, morally, and financially.
Such people are disbelievers, their position is actively and deliberately
opposed to religion. Allah says,
The believers
shall not take the disbelievers as allies in preference to the believers.
Whoever does this shall never be helped by Allah in any way [40]
At-Tabari remarks
that such a person would have washed his hands of Allah, and that
Allah would have nothing to do with a person who actively rejects
Him and denies His Religion. Allah , says:
0 you who believe!
Do not take the Jews and the Christians as protectors, they are
protectors of one another, whoever takes them as protectors is one
of them.[41]
Then, in the
words of the Prophet (peace be upon him): "Whoever joins the,disbelievers
and lives amongst them is one of them'[42]
Abdullah Ibn
Omar said: "Whoever settles amongst the disbelievers, celebrates
their feasts and joins in their revelry and dies in their midst
will likewise be raised to stand with them on the Day of Resurrection.
[43] .
Muhammad Ibn
Abdul Wahhab, may Allah have mercy upon him, mentioned that in the
case of a Muslim whose people remained bound to disbelief and followed
the enemies of Islam, he too would become a disbeliever if he refused
to abandon his people, just because he found it difficult. He would
end up fighting against the Muslims alongside his nation, with his
money and life. And if they were to order him to marry his father's
wife, but could not prevent that unless he migrates from his country,
he would be forced to marry her. His alliance and participation
with them in their campaign against Islam and their struggle against
Allah and His Messenger is far worse than marrying his father's
wife. He is also a disbeliever, about whom Allah has said:
You will find
others who hope for your protection, and for that of their own people.
But whenever they are sent to temptation, they yield thereto. If
they do not withdraw from you, nor offer you peace, nor restrain
their hands, then seize them and kill them wherever you may find
them. In their case, We have given you a clear warrant against them.
[44]
The second group:
are those who remain amongst the disbelievers because of money,
family or homeland. He does not demonstrate a strong attachment
to his religion (Islam), nor does he emigrate. He does not support
the disbelievers against the Muslims, whether in word or deed. His
heart is not bound to them, nor does he speak on their behalf. Such
a person is not considered a disbeliever merely because he continues
to live among the disbelievers, but many would say that he has disobeyed
Allah and His Messenger by not going to live among the Muslims,
even though he may secretly hate the disbelievers. Allah has said,
Verily! As for
those whom the Angels have taken (in death) while they are wronging
themselves (as they stayed among the disbelievers even though emigration
was obligatory to them), they (angels) asked them, "In what
condition were you?". They replied, "We were weak and
oppressed on earth". The Angels asked, "Was not the earth
of Allah spacious enough for you to migrate therein?"
Such men will
find their abode in Hell - what an evil destination!”[45]
Ibn Kathir remarks:
They were (wronging themselves) by refusing to emigrate. He continues
by saying that this verse establishes a general rule which applies
to anyone who is prevented from practising his religion, yet willingly
remains among the disbelievers. There is no disagreement among the
scholars, and the sources all state that this course of action is
prohibited. [46]
Al-Bukhari relates
that Ibn Abbas said that this verse was about "Some people
from among the Muslims who stayed with the Pagans of Makkah, swelling
their ranks, in the days of the Prophet. When fighting broke out
some of them were killed and some wounded. Then Allah revealed the
verse:
(Verily! As
for those whom the Angels have taken (in death) while they are wronging
themselves)”[47]
Whatever excuses
they may have offered were rejected by the revelation,
Say, 'If your
fathers, your sons, your brothers, your wives, your kinsmen, the
wealth which you have acquired, the commerce in which you fear a
decline, or the houses you love - if these are dearer to you than
Allah and His Messenger, and striving hard and fighting in His cause,
then wait until Allah brings about His Decision (Torment). Allah
does not guide those who are AI-Faasiqun.[48]
Anyone who refuses
to emigrate uses one of these eight excuses. But these excuses have
already been rejected by Allah, Who has said that those who make
such claims are disobedient to Him, and this was specifically with
regard to those who chose to remain in Makkah which is the holiest
place on earth. Allah required the believers to quit this place,
and even love for it was not an acceptable excuse for refusal. How
would such an excuse fare then for places other than Makkah? [49]
The third group:
are those who may remain among the disbelievers without impediment,
and they are two categories:
1. Those who
are openly able -to proclaim their religion and dissociate themselves
from disbelief. When they are able, they clearly disassociate themselves
from the disbelievers and tell them openly that they are far from
truth, and that they are wrong. This is what is known as 'Izhar
ad-Din' or 'assertion of Islam'. This is what exonerates a person
from the obligation to emigrate. As Allah has said: (Say, "0
Disbelievers, I do not worship what you worship and you are not
worshipers of what I worship.. ).
Thus, Muhammad
(peace be upon him), was commanded to tell the disbelievers of their
clear disbelief and that their religion was not the same, nor was
their worship, nor what they worshipped. That they could not be
in the service of Allah, so long as they remained in the service
of falsehood. He was commanded to express his satisfaction with
Islam as his religion and his denial of the faith of the disbelievers.
Allah SWT says:
Say (0 Muhammad):
"0 mankind! If you are in doubt about my religion (Islam),
then know that I do not worship what you worship besides Allah,
rather I worship Allah Who causes you to die, and I am commanded
to be among the believers. And (it is inspired to me): Direct your
face (0 Muhammad) towards the religion Hanifan (Islamic Monotheism),
and never be one of the Mushrikeen. [50]
Therefore, Whoever
does this is not obliged to emigrate.
Asserting one's
religion does not mean that you simply leave people to worship whatever
they please without comment, like the Christians and the Jews do.
It means that you must clearly and plainly disapprove of what they
worship, and show enmity towards the disbelievers; failing this
there is no assertion of Islam.
2. Those who
live amongst the disbelievers, and have not the means to leave nor
the strength to assert themselves, have a license to remain. Allah
SWT, says,
Except for the
weak ones among men, women and children who are unable to devise
a plan, nor to direct their way.[51]
But the exemption
comes after a promise to those who remain among the disbelievers,
that,
Such men will
find their abode in Hell - What an evil destination![52]
It is an exemption
to those who could not devise a plan nor find any other way out.
Ibn Kathir remarks: "These were people who could not rid themselves
of the disbelievers, and even had they been able to do so, they
would not have been able to direct their way" [53]
Allah says:
And what is
wrong with you that you fight not in the Cause of Allah, and for
those weak, ill-treated and oppressed among men, women, and children,
whose cry is: "Our Lord! Rescue us from this town whose people
are oppressors; and raise for us from You one who will protect,
and raise for us from You one who will help'
[54]
So in the first
verse, Allah swt mentions their situation, their weakness and inability
to find any way to extricate themselves, and in the second, He mentions
their plea to Allah to deliver them from their oppressors and to
give them a protector, a helper and guide to victory. For these
people Allah swt says:
For these there
is hope that Allah will forgive them, and Allah is Ever Oft-Pardoning,
OftForgiving.[55]
Al-Baghawi commented
that: "A Muslim who becomes a captive of the disbelievers must
flee, if he is able, as he would not be permitted to remain under
them. If they make him give his word that he would not run away
if they were to release him, he should give them his word, but then
he must try to escape; there would be noguilt upon him for his lie,
since they had obligated him themselves. But if he had given them
his promise, in order to ingratiate them to himself, he would be
obliged to escape, just the same, but must also offer penance for
his wilful deception of their trust"[56]
The rulings
about travel to disbelieving countries (Dar ul-Harb) for purposes
of trade are broadly detailed. If you are able to assert your faith,
while not supporting the disbelievers, then this is permitted. Indeed,
some of the Companions of the Prophet (peace be upon him) travelled
to some countries of disbelievers in search of trade, among them
Abu Bakr as-Siddiq. The Prophet (peace be upon him) did not prevent
them from this, as Imam Ahmad points out in his Musnad and elsewhere.
[57]
If you are unable
to assert your religion or avoid supporting them, then it is not
permitted to venture amongst them for trading purposes. The subject
has been addressed by the scholars and the relevant support for
their position will be found in the Prophet's Ahaadeeth. Allah has
required all believers to uphold their faith and to oppose the disbelievers.
Nothing is allowed to undermine or interfere with these obligations.[58]
While this is
quite clear from many different sources, we still find a carefree
attitude among many Muslims today with regard to this subject. The
forming of friendships with those who are rightly our enemies, and
establishing communities in their countries has been trivialised.
Remarkably, some Muslims even send their children to the West to
study Islamic Law and Arabic in European and American universities!
This will stand as an absurd monument to the foolishness of those
Muslims of the twentieth century, who sent their children to the
disbelievers to study Islamic Law and Arabic!
Our scholars
have warned us enough of the dangers which these questions raise,
and they have carefully explained the perils of such educational
exchanges, and of the desire of the disbelievers to corrupt the
minds of our youth to turn them away from Islam, so we should take
time to consider what we are doing. [59]
2. Emigration
from the Abode of Disbelief to
Muslim Countries
"Hijrah"
is the Arabic word for emigration. It means, ultimately, to separate
or abandon. In religious terminology it means to move from a non-Muslim
place of abode to a place where there is a presence of Islam [60].
It is a fact that those whose religion is Islam; which is based
on directing all kinds of worship to Allah, rejecting and showing
hatred to polytheism and disbelievers; will never be left at peace
by the antithesis of Islam, as Allah has said:
They will not
stop fighting you until they turn you away from your religion, if
they are able [61]
and He says
about the people of the Cave:
For if they
come to know of you, they will stone you or turn you back to their
religion, then you will never prosper [62]
and finally,
about the disbelievers declared aim, Allah says:
Those who disbelieved
said to their Messengers: "We will drive you out of our lands,
or you shall return you to our religion". So their Lord revealed
this to them: "Surely We shall destroy the Zaalimun (disbelievers)”[63]
Likewise, Waraqah
Ibn Nawfal said, anticipating the mission of the Prophet "1
wish I could be young at the time when you will be driven away by
your people." He said, "Will they throw me out?".
"Yes, Nawfal replied, no one has ever come with a thing such
as this who was not then driven away by his own people". So
it was that the Quraish first drove the Prophet (peace be upon him)
from Makkah to Ta'if, then to Madinah; and some of his Companions
emigrated twice to Abyssinia. [64]
The Hijrah is
a vitally important aspect of Islam; it is at once the guiding principle
of alliance and dissociation and the supreme example of it. The
Muslims could never have abandoned their homes and families, exposing
themselves to the pain of separation and the hardship of migration
if it had not been indispensable to the practice of their religion
and the assertion of Islam in the land. Allah promised these emigrants
a great reward in this world and the next, saying:
Those who left
their homes for the sake of Allah after having suffered persecution
shall be settled in comfort in this world but in the next is the
greater reward if they but knew. Those who were steadfast and who
upon their
Lord totally
depend.[65]
Hijrah has a
comprehensive meaning as understood in Islam. It is not simply just
the act of moving from one place to another; from a non-Muslim country
to a Muslim country. Ibn al-Qayyim explains that it is, in fact,
an emigration of the body and the spirit. A physical movement from
one place to another and a spiritual migration to Allah and His
Messenger (peace be upon him). It is this second migration which
constitutes the real migration, as the body simply follows the soul.
Thus, the meaning of moving from one thing to something else is
that the heart moves from the love of something other than Allah
to love of Allah; from servitude of something or other to the service
and worship of Allah; from fear of something or other to hope in
and reliance upon Allah. It is Allah Who is the object of one's
hope and fear; prayers are addressed to Him; and He is the One before
Whom one feels humility and awe. This is the meaning of flight which
Allah mentions in the command: (So flee to Allah). [66]
This is the
essence of monotheism (Tawhid); that you abandon all else and flee
to Allah. Flight is from something to something else, and in this
case it is from whatever is odious in the sight of Allah to whatever
He loves. This is essentially an expression of either love or revulsion.
Whoever flees a thing exchanges an undesirable thing for something
better, in response to his own preference. This kind of migration
may be more or less strongly motivated depending upon the degree
of love in one's heart. The stronger or deeper the love, the more
complete and secure is the migration. If this love is shallow then
the migration is less secure, and this may continue to the point
of complete indifference. [67]
The rulings
regarding actual physical migration from the lands of the disbelievers
to a land of Islam is as follows:
Imam al-Khattabee
[68] points out that in the early days of Islam physical migration
was recommended but not required, as Allah says:
Whoever migrates
for the sake of Allah will find refuge and great bounty in the earth
. [69]
This was revealed
when the pagan persecution of the Muslims at Makkah was on the rise,
after the Prophet has left for Madinah. But after this they were
subsequently commanded to follow him there in order to be with him.
They were required to cooperate as a single community, to learn
their religion from the Prophet and to get an understanding of it
directly from him. At this time the greatest threat to the Muslim
community was posed by the Quraish, who were the masters of Makkah.
After Makkah fell, the obligation was again lifted and migration
became once again a matter of preference. Bearing this in mind,
we are in a better position to understand the report of Muawiyah
who related that the Prophet (peace be upon him) said: "Migration
will not end until repentance ends, and repentance will not end
until the sun rises in the west". And that of Ibn Abbas who
said: "The Prophet (peace be upon him) said, on the day of
the conquest of Makkah, 'There is no migration (after the conquest),
except for Jihad and good intentions, and when you are called for
Jihad, you should immediately respond to the call”[70] . The
chain of narrators in Ibn Abbas's Hadith is Sahih, but that of Muawiyah
is disputed by some. [71]
Because of the
significance of the Hijrah, especially in the early days of Islam,
Allah swt severed the ties of mutual support between the Muslims
who migrated to Madinah and those who chose to remain in Makkah,
saying:
Indeed those
who believe and who migrated and who struggle in the Path of Allah
with their wealth and their lives, and those who gave them shelter
and who gave them help, these are allies of one another. But those
who believe yet did not migrate have no part in this alliance until
they too migrate. If they seek your assistance in faith you must
help them except against a people with whom you have a treaty. Allah
is well aware of what you do [72]
Following this,
Allah praises the migrants and the Helpers (Muhajirun and Ansar)
saying:
Those who believe
and who migrated and who struggled in the Path of Allah, and those
who gave shelter and aid, these are the true believers. Forgiveness
and bountiful provision are theirs. [73]
We have already
discussed the Muhajirin and the Ansar, what we will look at now
are those believers who did not make the Hijrah, but who stayed
in Makkah the time of conflict. Allah says:
Verily! As for
those whom the angels take (in death) while they are wronging themselves
(as they stayed among the disbelievers even though emigration was
obligatory for them), they (angels) say to them: "In what condition
were you?" They reply: "We were weak and oppressed on
earth". The angels say: "Was not the earth spacious enough
for you to emigrate therein?" Such men will find their abode
in Hell - What an evil destination. Except for the weak ones among
men, women and children who are unable to devise a plan, nor to
direct their way. For these there is hope that Allah will forgive
them, and Allah is Ever Oft Pardoning, Oft-Forgiving. [74]
Al-Bukhari relates
that Ibn Abbas said that some Muslims used to live among the disbelievers,
increasing their population during the Prophet (peace be upon him)
era. They were killed or injured in the fighting, so Allah swt revealed:
(Verily! As for those whom the angels take (in death) while they
are wronging themselves).
Therefore, the
believers who did not emigrate but who remained in their homes had
no share in the war booty, nor in its fifth part, except in the
battles in which they took part, as Imam Ahmad has stated[75]. This
is indicated by a Hadith mentioned by Imam Ahmad and also reported
by Muslim on the authority of Sulaiman Ibn Buraida, on the authority
of his father, that: "Whenever the Prophet (peace be upon him)
appointed a commander over an army or a detachment, he advised him
privately to be mindful of his duty to Allah and to guard the welfare
of the Muslims who were under his command. Then, he said, "Fight
in the name of Allah, and for His Sake. Fight whoever disbelieves
in Allah. Do not embezzle the spoils, nor break your pledge, nor
mutilate the dead bodies, nor kill children. When you meet your
enemies, the polytheists, invite them to three things and if they
make a positive response to you, accept it and withhold yourselves
from doing any harm to them. Then invite them to migrate from their
lands to the land of the Emigrants and tell them that if they will
do so, they will have (all the privileges and obligations) that
the Emigrants have; but if they refuse to migrate, tell them that
they will be like the Bedouin Muslims and will be subjected to the
Commands of Allah swt which are applicable to other Muslims and
they will not be entitled to any booty nor Fai' unless they perform
Jihad along with the Muslims. If they should refuse, demand Jizyah
from them; but if they agree to pay Jizyah, accept it from them
and restrain your hands from them. But if they refuse to pay Jizyah,seek
Allah's Succour and fight against them...” [76]
The preceding
discussion about Hijrah may be summarised as follows:
1. Migration
from the lands of disbelievers to the lands of Muslims was mandatory
in the time of the Prophet (peace be upon him), and it is still
obligatory till the Day of Judgement. The obligation which the Prophet
(peace be upon him) lifted after the conquest of Makkah was that
of taking up residence near him. Whoever accepts Islam while living
among those who are at war with Muslims must leave to make his home
among the Muslims. [77]
This is supported
by the Hadith of Mujaashi' Ibn Mas'ud who said: "I took my
brother to the Prophet after the Conquest of Makkah, and said, "0
Allah's Apostle! I have come to you with my brother so that you
may take a pledge of allegiance from him for migration." The
Prophet (peace be upon him) said, "The people of migration
(i.e. those who migrated to Madinah before the Conquest) enjoyed
the privileges of migration (i.e. there is no need for migration
anymore)." I said to the Prophet (peace be upon him), "For
what will you take his pledge of allegiance?" The Prophet (peace
be upon him) said, "I will take his pledge of allegiance for
Islam, Belief, and for Jihad” [78]
2. It is obligatory
to leave the lands of the Bidah(innovation). Imam Malik said: "None
of you may remain in a country where the Companions are cursed'
[79].
3. It is obligatory
to leave a place where forbidden practices are rife since it is
mandatory for Muslims to demand observance of the Law [80]. In this
regard, Ibn Taymiyyah said, "The state of a place reflects
the state of a person. It is possible to be sometimes a Muslim and
at other times a disbeliever; sometimes sincere and at other times
hypocritical; sometimes good and pious and at other times rotten
and corrupt. Thus, a person becomes like the place of his abode.
The migration of a person from a land of disbelief and profanity
to one of faith and probity is an expression of repentance and of
his turning away from disobedience and perversion to belief and
obedience. This is so until the Day of Resurrection."[81]
4. One must
flee persecution and oppression. This is to be counted as one of
the many blessings of Allah swt that he has given His license, to
whoever fears for himself and his own safety, to go and find some
sanctuary for himself. The first to do this was Abraham,~ who, when
he was threatened by his own people said: (1 will emigrate for the
sake of my Lord), (29:26), and, (1 am going to my Lord, He shall
guide me), (37:99). Then there was Moses: (So he escaped from there,
vigilant and fearing for his life, and said "My Lord deliver
me from these oppressors" ), (28:21 ).[82]
5. In times
of epidemic, people were required to leave the city and remain in
the hinterland until the threat of disease had passed. The exception
to this is in times of plague. [83]
6. If one fears
for the safety of his family or the security of his property then
he must also flee since security of one's possessions is like the
safety of one's person. [84]
Finally, migration,
like anything else, is in the first instance a matter of intention,
for the Prophet (peace be upon him) said: "Indeed actions are
but by intention, and each will be rewarded according to his intent.
So whose goal is to migrate for Allah and His Messenger, his migration
is for Allah and His Messenger, and whose aim is to migrate to some
worldly gain or to take the hand of a woman in marriage, his migration
is to that which he has sought."[85]
Oh Allah please accept my hijrah and expiate my sins ameen
[33] Abdur Rahman Ibn Sa'dee, "Al-Fatawee as-Sa'diyya",
Vol. 1/92, 1st Edition, 13 8 8 A.H., Dar al-Hayat, Damascus.
[34] Ibid. Vol.
1/92.
[35] An-Nisa':
97-98.
[36] "Al-Musnad",
Vol.4/99, Abu Dawud, Kitab al-Jihad, Vol.3/7, Hadith 2479, and ad-Darami,
Kitab as-Siyyar, Vol.2/239. Albani classifies it as Sahih. See:
"Sahih al-Ja'mi' as-Sagheer", Vol.6/186, Hadith 7346.
[37] Al-Jasaas,
"Ahkam al-Qur'an", Vol.3/216.
[38] lbd.
[39] Ibn Hazm,
al-Muhalla’: Vol. 13/139-140
[40] Aal-Imran:
28.
[41] 'Al-Ma'idah:
51.
[42] Ibn Ateeq,
"Ad-Difaa "', p, 10- 12.
[43] Ibn Taymiyyah
said in his book: "Iqtidha' as-Sifat alMustaqeem", p.200,
that the chain of narration of this Hadith is Sahih.
[44] An-Nisa’:
91.
[45] An-Nisa':
97
[46] "Tafsir
Ibn Kathir", 2/343, and Ibn Ateeq, "Ad-Difaa "',
p. 13.
[47] "Sahih
al-Bukhari", Vol.8/262, Hadith 4596.
[48] AI-Ma'idah:
24.
[49] Ibn Ateeq,
"Ad-Difaa "', p. 13-14, and see also, Ibn Ateeq's "Bayan
an-Najaat wal Fakak", p.70-72.
[50] Yunus:
104-105.
[51] An-Nisd:
98
[52] An-Nisa’:
97
[53] "Tafsir
Ibn Kathir", Vol.2/343
[54] An-Nisa’:
75
[55] An-Nisd:
99
[56] Al-Baghawi,
"Sharh as-Sunnah", Vol. 10/246.
[57] This is
quoted from the "al-Jami' al-Farid', but the author was unable
to find any such reference in the Musnad.
[58] See: "al-Jami'
al-Farid” p.382, 2nd Edition.
[59] Two of
these scholars are Muhammad Muhammad Hussein in his valuable books:
"Al-Ittijaahaat al-Wataniyyah", "Al-Islam wal Hadaara
al-Gharbiyya" and "Husununa Muhaddada min Dakhilihaa";
also there is a valuable study by Sheikh Muhammad Lutfi as-Sabaagh
called "Al-Ibtia'th wa Makhaatiruhu".
[60] "Fath
al-Bari", Vol.1/16.
[61] Al-Baqarah:
217.
[62] Al-Kahf:
20
[63] Ibrahim:
13
[64] Ibnu Ateeq,
"ad-Difaa "', pp. 18, 19, and "Seerat Ibn Hisham",
Vol. 1, p.254.
[65] 'An-Nahl:
41-42
[66] Az-Zariyat:
50
[67] Ibn al-Qayyim,
"Ar-Risaalat at-Tabuqiyyah" , pp. 14-18, 2nd edition,
1394, Egypt.
[68] His full
name is Imam Hamad Ibn Muhammad Ibn Ibrahim Ibn alKhaftab, of the
descendants of Zayd Ibn al-Khattab, he is known as Abu Sulayman.
He was a jurist, narrator of Hadith, a poet, and a linguist Among
his students, al-Hakim an-Nisaaburi. Al-Khattabee was born in Kabul
in 319 A.H. and died in 388 A.H. For more information, see: the
introduction of "Maalim as-Sunan" published . with "Sunan
Abu Dawud', Vol. 1/11, and az-Zarkali's "Al-A'laam", Vol.2/273,4th
edition.
[69] at An-Nisa':
100
[70] "Sahih
al-Bukhari", The Book of Jihad, Vol.6/37, hadith 2825
[71] Al-Khattabee,
“Maalim as-Sunan", Vol.3/352, revised by Ahmad Shakir
and Muhammad Haamid al-Faqee, see also: "An-Naasikh wal Mansukh",
p.207.
[72] "Al-Anfal:
72.
[73] AI-Anfal:
74.
[74] An-Nisa':
97-99.
[75] "Tafsir
Ibn Kathir", Vol.4/40.
[76] “Musnad
Ahmad", Vol.5/352, and "Sahih Muslim", "The
Book of Jihad', Vol.3/1357, Hadith, 1731.
[77] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol.1/484, and an-Nawawi's "Sharh
Muslim", Vol. 13/8, and "Ta/sir al-Qurtubi" Vol.5/308.
[78] "Sahih
Al-Bukhari", "The Book of Jihad', 6/189, Hadith 3079
[79] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/484-485.
[80] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/484-485
[81] “Majmu'al-Fatawa",
18/284
[82] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/485.
[83] "Sahih
al-Bukhari", "The Book of at-Tib", Vol.10/142, Hadith
:5686, and "Sahih Muslim”, The Book of al-Qisama",
Vol.3/1296, Hadith 1271. For the Hadith of plague, see: “Sahih
al-Bukhari", "The Book of at-Tib", Vol. 10/179, Hadith
5728, and Muslim "The Book of as-Salam", Vol.4/1741, Hadith
2219.
[84] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/486.
[85] "Sahih
al-Bukhari", "The Book o Bad'al-Wahy", Vol.1/9, Hadith
1, and "Sahih Muslim", "The Book of al-Imaara",
Vol.3/1515, Hadith 1907.
taken form the
book entitled: 'Al Wala' wa'l Bara' Authored by: Muhammad Sa'eed
Al Qahtani
This is one of the most important facets of our discussion, since
alliance and dissociation are always among the primary motivating
factors of migration for the sake of Allah. We will divide our discussion
of this into two broad areas:
1. Living among
the disbelievers and its ruling.
2. Migrating
from the abode of disbelief to the abode of Islam.
1. Living in
the abode of disbelief
The jurists
have explained the complimentary concepts of the "Abode of
Disbelief' and that of "Islam" as follows:
The Abode of
Disbelief is whatever land is ruled by the disbelievers, in which
the laws of the disbelievers are supreme and political power is
in their hands. These lands may be of two types. One which is at
war with the Muslims and one which enjoys a truce with them. The
determining factor is that it is ruled by the laws of the disbelievers;
for it is the "Abode of Disbelief' or "Dar ulKufr",
even if a large majority of Muslims live there. [33]
The Abode of
Islam is any land that is ruled by the Muslims, where the Shari'ah
is the supreme law and the Muslims hold political power. It is Dar
ul-Islam, even if the majority of the population are disbelievers,
so long as the Muslims rule it according to the Shari'ah. [34]
As Islam is
the religion of dignity and authority, it was impossible to think
of any Muslim submitting himself to the disbelievers; indeed it
is forbidden for a Muslim to go to live amongst them and acknowledge
their authority over him, because his presence amongst them would
make him feel weak and isolated, and, then he would become docile
and apologetic before them. He would first be called upon to approve
of them, and then to follow them. But Muslims should be filled with
morale and confidence, they should be leaders, not followers. They
should hold the reins of power; no power should be above them but
that of Allah. Therefore Muslims were forbidden to remain in countries
where Islam is of no account, except when they are able to freely
practice their religion and to observe it without any impediment,
and without any fear that their presence there could damage them
in any way. If this is not the case, then they must migrate to a
better place where the authority of Islam is of some account. If
they refuse to do so, while they are able, then they would have
no further claims on this religion. About this Allah has spoken
in Surat an-Nisa:
Verily! As for
those whom the Angels have taken (in death) while they are wronging
themselves (as they stayed among the disbelievers even though emigration
was obligatory to them), they (angels) asked them, "In what
condition were you?". They replied, "We were weak and
oppressed on earth". The Angels asked, "Was not the earth
of Allah spacious enough for you to migrate therein?" Such
men will find their abode in Hell - what an evil destination! Except
the weak ones among men, women and children who were unable to devise
a plan, nor are they able to direct their way [35]
The Prophet
(peace be upon him) said, “I am not responsible for any Muslim
who stays among polytheists. They asked: 'Why, Apostle of Allah?
He said: ‘Their fires should not be visible to one another.’,
and he (peace be upon him) said, “Who joins the polytheists
and lives with them then he is like them” and he (peace be
upon him) said: “Migration will not end until repentance ends,
and repentance will not end until the sun rises in the west.”[36]
Al-Hassan Ibn
Salih said: "whoever remains in the land of the enemy, will
be treated like the disbelievers, so long as he was able to join
the Muslims but did not do it. If one of the disbelievers accepts
Islam, but still remains with the disbelievers, even though he was
able to go to join the Muslims, he is to be treated like them; neither
his blood nor his property will be protected. , [37]
Al-Hassan said:
"If a Muslim emigrates to the land of the disbelievers, yet
does not renounce Islam, he will be an apostate by virtue of his
abandonment of 'Dar ul-Islam"'[38] . (The Arabic text of the
preceding passage refers to the land of the disbelievers as ‘dar
ul-harb' and 'Ard ul-Adu', that is: the 'land of the enemy'; this
indicates an active military opposition to the Muslims, as if in
a state of war).
Ibn Hazm states
that: "Whoever joins the 'land of war and disbelief, of his
own free will and in defiance of whoever amongst the Muslims calls
him to his side, is by virtue of this act an apostate, by all the
laws of apostasy, in Islam. Whoever is able to kill him must do
so. His property is unprotected, his marriage null and void, all
his rights are swept away.
But whoever
flees to the 'land of war' for fear of oppression, who neither opposes
the Muslims in anything nor bears any malice towards them, and who
was not able to find any refuge among the Muslims, is free of any
guilt since he was compelled to leave.
As for someone
who takes the Muslims as his enemies, offering his help and his
service to the disbelievers, he is a disbeliever. But those who
would emigrate to non-Muslim lands in search of wealth or prosperity
to live under their protection, while they were able to go to live
amongst the Muslims in their own land, but still do not withdraw
themselves from the disbelievers; such people are not far from the
fold of disbelief, and we can find no possible excuse for them,
so we ask Allah's Forgiveness.
As for the person
who lives in the land of Karmathians by his own free will, he is
without doubt a disbeliever, because they are avowed enemies of
Islam, disbelievers and apostates who only long for the destruction
of the Muslims. Concerning those who live in a land where some heretic
tendencies, leading to disbelief, are manifested, they are not considered
disbelievers, as Islam is supreme in the land where it is possible
to practice Islam openly; to confirm the message of the Prophet
Muhammad (peace be upon him), read the Qur'an, establish the prayer,
perform the fast of Ramadan and fulfil one's obligations entirely.
The words of
the Prophet (peace be upon him), "I am not responsible for
any Muslim who stays among polytheists" should clarify what
we have said so far. It is clear that the Prophet (peace be upon
him) refers here to the 'Dar ul-Harb', and because he (peace be
upon him) appointed some Companions as governors of Khaibar (Jewish
land), even though everyone who lived there were Jews.
If a disbeliever
conquers a Muslim country, then acknowledges their religion (Islam),
but assumes authority over them, and then claims any other religion
than Islam, whoever lives with him, supports, or serves him in any
way is a disbeliever, even if he claims to be a Muslim, as aforementioned.
,[39]
Sheikh Hamad
Ibn Ateeq, may Allah have mercy upon him, divided those Muslims
who live in nonIslamic countries into three groups: Those who prefer
to live amongst Non-Muslims because of their affection for them;
those who live amongst non-Muslims yet ignore their obligation to
denounce disbelief; and those who live amongst the non-Muslims but
uphold their obligation to denounce disbelief.
The first group:
stays amongst the disbelievers by choice and inclination, they praise
and commend them, and are happy to disassociate themselves from
the Muslims. They help the disbelievers in their struggle against
the Muslims in any way they can, physically, morally, and financially.
Such people are disbelievers, their position is actively and deliberately
opposed to religion. Allah says,
The believers
shall not take the disbelievers as allies in preference to the believers.
Whoever does this shall never be helped by Allah in any way [40]
At-Tabari remarks
that such a person would have washed his hands of Allah, and that
Allah would have nothing to do with a person who actively rejects
Him and denies His Religion. Allah , says:
0 you who believe!
Do not take the Jews and the Christians as protectors, they are
protectors of one another, whoever takes them as protectors is one
of them.[41]
Then, in the
words of the Prophet (peace be upon him): "Whoever joins the,disbelievers
and lives amongst them is one of them'[42]
Abdullah Ibn
Omar said: "Whoever settles amongst the disbelievers, celebrates
their feasts and joins in their revelry and dies in their midst
will likewise be raised to stand with them on the Day of Resurrection.
[43] .
Muhammad Ibn
Abdul Wahhab, may Allah have mercy upon him, mentioned that in the
case of a Muslim whose people remained bound to disbelief and followed
the enemies of Islam, he too would become a disbeliever if he refused
to abandon his people, just because he found it difficult. He would
end up fighting against the Muslims alongside his nation, with his
money and life. And if they were to order him to marry his father's
wife, but could not prevent that unless he migrates from his country,
he would be forced to marry her. His alliance and participation
with them in their campaign against Islam and their struggle against
Allah and His Messenger is far worse than marrying his father's
wife. He is also a disbeliever, about whom Allah has said:
You will find
others who hope for your protection, and for that of their own people.
But whenever they are sent to temptation, they yield thereto. If
they do not withdraw from you, nor offer you peace, nor restrain
their hands, then seize them and kill them wherever you may find
them. In their case, We have given you a clear warrant against them.
[44]
The second group:
are those who remain amongst the disbelievers because of money,
family or homeland. He does not demonstrate a strong attachment
to his religion (Islam), nor does he emigrate. He does not support
the disbelievers against the Muslims, whether in word or deed. His
heart is not bound to them, nor does he speak on their behalf. Such
a person is not considered a disbeliever merely because he continues
to live among the disbelievers, but many would say that he has disobeyed
Allah and His Messenger by not going to live among the Muslims,
even though he may secretly hate the disbelievers. Allah has said,
Verily! As for
those whom the Angels have taken (in death) while they are wronging
themselves (as they stayed among the disbelievers even though emigration
was obligatory to them), they (angels) asked them, "In what
condition were you?". They replied, "We were weak and
oppressed on earth". The Angels asked, "Was not the earth
of Allah spacious enough for you to migrate therein?"
Such men will
find their abode in Hell - what an evil destination!”[45]
Ibn Kathir remarks:
They were (wronging themselves) by refusing to emigrate. He continues
by saying that this verse establishes a general rule which applies
to anyone who is prevented from practising his religion, yet willingly
remains among the disbelievers. There is no disagreement among the
scholars, and the sources all state that this course of action is
prohibited. [46]
Al-Bukhari relates
that Ibn Abbas said that this verse was about "Some people
from among the Muslims who stayed with the Pagans of Makkah, swelling
their ranks, in the days of the Prophet. When fighting broke out
some of them were killed and some wounded. Then Allah revealed the
verse:
(Verily! As
for those whom the Angels have taken (in death) while they are wronging
themselves)”[47]
Whatever excuses
they may have offered were rejected by the revelation,
Say, 'If your
fathers, your sons, your brothers, your wives, your kinsmen, the
wealth which you have acquired, the commerce in which you fear a
decline, or the houses you love - if these are dearer to you than
Allah and His Messenger, and striving hard and fighting in His cause,
then wait until Allah brings about His Decision (Torment). Allah
does not guide those who are AI-Faasiqun.[48]
Anyone who refuses
to emigrate uses one of these eight excuses. But these excuses have
already been rejected by Allah, Who has said that those who make
such claims are disobedient to Him, and this was specifically with
regard to those who chose to remain in Makkah which is the holiest
place on earth. Allah required the believers to quit this place,
and even love for it was not an acceptable excuse for refusal. How
would such an excuse fare then for places other than Makkah? [49]
The third group:
are those who may remain among the disbelievers without impediment,
and they are two categories:
1. Those who
are openly able -to proclaim their religion and dissociate themselves
from disbelief. When they are able, they clearly disassociate themselves
from the disbelievers and tell them openly that they are far from
truth, and that they are wrong. This is what is known as 'Izhar
ad-Din' or 'assertion of Islam'. This is what exonerates a person
from the obligation to emigrate. As Allah has said: (Say, "0
Disbelievers, I do not worship what you worship and you are not
worshipers of what I worship.. ).
Thus, Muhammad
(peace be upon him), was commanded to tell the disbelievers of their
clear disbelief and that their religion was not the same, nor was
their worship, nor what they worshipped. That they could not be
in the service of Allah, so long as they remained in the service
of falsehood. He was commanded to express his satisfaction with
Islam as his religion and his denial of the faith of the disbelievers.
Allah SWT says:
Say (0 Muhammad):
"0 mankind! If you are in doubt about my religion (Islam),
then know that I do not worship what you worship besides Allah,
rather I worship Allah Who causes you to die, and I am commanded
to be among the believers. And (it is inspired to me): Direct your
face (0 Muhammad) towards the religion Hanifan (Islamic Monotheism),
and never be one of the Mushrikeen. [50]
Therefore, Whoever
does this is not obliged to emigrate.
Asserting one's
religion does not mean that you simply leave people to worship whatever
they please without comment, like the Christians and the Jews do.
It means that you must clearly and plainly disapprove of what they
worship, and show enmity towards the disbelievers; failing this
there is no assertion of Islam.
2. Those who
live amongst the disbelievers, and have not the means to leave nor
the strength to assert themselves, have a license to remain. Allah
SWT, says,
Except for the
weak ones among men, women and children who are unable to devise
a plan, nor to direct their way.[51]
But the exemption
comes after a promise to those who remain among the disbelievers,
that,
Such men will
find their abode in Hell - What an evil destination![52]
It is an exemption
to those who could not devise a plan nor find any other way out.
Ibn Kathir remarks: "These were people who could not rid themselves
of the disbelievers, and even had they been able to do so, they
would not have been able to direct their way" [53]
Allah says:
And what is
wrong with you that you fight not in the Cause of Allah, and for
those weak, ill-treated and oppressed among men, women, and children,
whose cry is: "Our Lord! Rescue us from this town whose people
are oppressors; and raise for us from You one who will protect,
and raise for us from You one who will help'
[54]
So in the first
verse, Allah swt mentions their situation, their weakness and inability
to find any way to extricate themselves, and in the second, He mentions
their plea to Allah to deliver them from their oppressors and to
give them a protector, a helper and guide to victory. For these
people Allah swt says:
For these there
is hope that Allah will forgive them, and Allah is Ever Oft-Pardoning,
OftForgiving.[55]
Al-Baghawi commented
that: "A Muslim who becomes a captive of the disbelievers must
flee, if he is able, as he would not be permitted to remain under
them. If they make him give his word that he would not run away
if they were to release him, he should give them his word, but then
he must try to escape; there would be noguilt upon him for his lie,
since they had obligated him themselves. But if he had given them
his promise, in order to ingratiate them to himself, he would be
obliged to escape, just the same, but must also offer penance for
his wilful deception of their trust"[56]
The rulings
about travel to disbelieving countries (Dar ul-Harb) for purposes
of trade are broadly detailed. If you are able to assert your faith,
while not supporting the disbelievers, then this is permitted. Indeed,
some of the Companions of the Prophet (peace be upon him) travelled
to some countries of disbelievers in search of trade, among them
Abu Bakr as-Siddiq. The Prophet (peace be upon him) did not prevent
them from this, as Imam Ahmad points out in his Musnad and elsewhere.
[57]
If you are unable
to assert your religion or avoid supporting them, then it is not
permitted to venture amongst them for trading purposes. The subject
has been addressed by the scholars and the relevant support for
their position will be found in the Prophet's Ahaadeeth. Allah has
required all believers to uphold their faith and to oppose the disbelievers.
Nothing is allowed to undermine or interfere with these obligations.[58]
While this is
quite clear from many different sources, we still find a carefree
attitude among many Muslims today with regard to this subject. The
forming of friendships with those who are rightly our enemies, and
establishing communities in their countries has been trivialised.
Remarkably, some Muslims even send their children to the West to
study Islamic Law and Arabic in European and American universities!
This will stand as an absurd monument to the foolishness of those
Muslims of the twentieth century, who sent their children to the
disbelievers to study Islamic Law and Arabic!
Our scholars
have warned us enough of the dangers which these questions raise,
and they have carefully explained the perils of such educational
exchanges, and of the desire of the disbelievers to corrupt the
minds of our youth to turn them away from Islam, so we should take
time to consider what we are doing. [59]
2. Emigration
from the Abode of Disbelief to
Muslim Countries
"Hijrah"
is the Arabic word for emigration. It means, ultimately, to separate
or abandon. In religious terminology it means to move from a non-Muslim
place of abode to a place where there is a presence of Islam [60].
It is a fact that those whose religion is Islam; which is based
on directing all kinds of worship to Allah, rejecting and showing
hatred to polytheism and disbelievers; will never be left at peace
by the antithesis of Islam, as Allah has said:
They will not
stop fighting you until they turn you away from your religion, if
they are able [61]
and He says
about the people of the Cave:
For if they
come to know of you, they will stone you or turn you back to their
religion, then you will never prosper [62]
and finally,
about the disbelievers declared aim, Allah says:
Those who disbelieved
said to their Messengers: "We will drive you out of our lands,
or you shall return you to our religion". So their Lord revealed
this to them: "Surely We shall destroy the Zaalimun (disbelievers)”[63]
Likewise, Waraqah
Ibn Nawfal said, anticipating the mission of the Prophet "1
wish I could be young at the time when you will be driven away by
your people." He said, "Will they throw me out?".
"Yes, Nawfal replied, no one has ever come with a thing such
as this who was not then driven away by his own people". So
it was that the Quraish first drove the Prophet (peace be upon him)
from Makkah to Ta'if, then to Madinah; and some of his Companions
emigrated twice to Abyssinia. [64]
The Hijrah is
a vitally important aspect of Islam; it is at once the guiding principle
of alliance and dissociation and the supreme example of it. The
Muslims could never have abandoned their homes and families, exposing
themselves to the pain of separation and the hardship of migration
if it had not been indispensable to the practice of their religion
and the assertion of Islam in the land. Allah promised these emigrants
a great reward in this world and the next, saying:
Those who left
their homes for the sake of Allah after having suffered persecution
shall be settled in comfort in this world but in the next is the
greater reward if they but knew. Those who were steadfast and who
upon their
Lord totally
depend.[65]
Hijrah has a
comprehensive meaning as understood in Islam. It is not simply just
the act of moving from one place to another; from a non-Muslim country
to a Muslim country. Ibn al-Qayyim explains that it is, in fact,
an emigration of the body and the spirit. A physical movement from
one place to another and a spiritual migration to Allah and His
Messenger (peace be upon him). It is this second migration which
constitutes the real migration, as the body simply follows the soul.
Thus, the meaning of moving from one thing to something else is
that the heart moves from the love of something other than Allah
to love of Allah; from servitude of something or other to the service
and worship of Allah; from fear of something or other to hope in
and reliance upon Allah. It is Allah Who is the object of one's
hope and fear; prayers are addressed to Him; and He is the One before
Whom one feels humility and awe. This is the meaning of flight which
Allah mentions in the command: (So flee to Allah). [66]
This is the
essence of monotheism (Tawhid); that you abandon all else and flee
to Allah. Flight is from something to something else, and in this
case it is from whatever is odious in the sight of Allah to whatever
He loves. This is essentially an expression of either love or revulsion.
Whoever flees a thing exchanges an undesirable thing for something
better, in response to his own preference. This kind of migration
may be more or less strongly motivated depending upon the degree
of love in one's heart. The stronger or deeper the love, the more
complete and secure is the migration. If this love is shallow then
the migration is less secure, and this may continue to the point
of complete indifference. [67]
The rulings
regarding actual physical migration from the lands of the disbelievers
to a land of Islam is as follows:
Imam al-Khattabee
[68] points out that in the early days of Islam physical migration
was recommended but not required, as Allah says:
Whoever migrates
for the sake of Allah will find refuge and great bounty in the earth
. [69]
This was revealed
when the pagan persecution of the Muslims at Makkah was on the rise,
after the Prophet has left for Madinah. But after this they were
subsequently commanded to follow him there in order to be with him.
They were required to cooperate as a single community, to learn
their religion from the Prophet and to get an understanding of it
directly from him. At this time the greatest threat to the Muslim
community was posed by the Quraish, who were the masters of Makkah.
After Makkah fell, the obligation was again lifted and migration
became once again a matter of preference. Bearing this in mind,
we are in a better position to understand the report of Muawiyah
who related that the Prophet (peace be upon him) said: "Migration
will not end until repentance ends, and repentance will not end
until the sun rises in the west". And that of Ibn Abbas who
said: "The Prophet (peace be upon him) said, on the day of
the conquest of Makkah, 'There is no migration (after the conquest),
except for Jihad and good intentions, and when you are called for
Jihad, you should immediately respond to the call”[70] . The
chain of narrators in Ibn Abbas's Hadith is Sahih, but that of Muawiyah
is disputed by some. [71]
Because of the
significance of the Hijrah, especially in the early days of Islam,
Allah swt severed the ties of mutual support between the Muslims
who migrated to Madinah and those who chose to remain in Makkah,
saying:
Indeed those
who believe and who migrated and who struggle in the Path of Allah
with their wealth and their lives, and those who gave them shelter
and who gave them help, these are allies of one another. But those
who believe yet did not migrate have no part in this alliance until
they too migrate. If they seek your assistance in faith you must
help them except against a people with whom you have a treaty. Allah
is well aware of what you do [72]
Following this,
Allah praises the migrants and the Helpers (Muhajirun and Ansar)
saying:
Those who believe
and who migrated and who struggled in the Path of Allah, and those
who gave shelter and aid, these are the true believers. Forgiveness
and bountiful provision are theirs. [73]
We have already
discussed the Muhajirin and the Ansar, what we will look at now
are those believers who did not make the Hijrah, but who stayed
in Makkah the time of conflict. Allah says:
Verily! As for
those whom the angels take (in death) while they are wronging themselves
(as they stayed among the disbelievers even though emigration was
obligatory for them), they (angels) say to them: "In what condition
were you?" They reply: "We were weak and oppressed on
earth". The angels say: "Was not the earth spacious enough
for you to emigrate therein?" Such men will find their abode
in Hell - What an evil destination. Except for the weak ones among
men, women and children who are unable to devise a plan, nor to
direct their way. For these there is hope that Allah will forgive
them, and Allah is Ever Oft Pardoning, Oft-Forgiving. [74]
Al-Bukhari relates
that Ibn Abbas said that some Muslims used to live among the disbelievers,
increasing their population during the Prophet (peace be upon him)
era. They were killed or injured in the fighting, so Allah swt revealed:
(Verily! As for those whom the angels take (in death) while they
are wronging themselves).
Therefore, the
believers who did not emigrate but who remained in their homes had
no share in the war booty, nor in its fifth part, except in the
battles in which they took part, as Imam Ahmad has stated[75]. This
is indicated by a Hadith mentioned by Imam Ahmad and also reported
by Muslim on the authority of Sulaiman Ibn Buraida, on the authority
of his father, that: "Whenever the Prophet (peace be upon him)
appointed a commander over an army or a detachment, he advised him
privately to be mindful of his duty to Allah and to guard the welfare
of the Muslims who were under his command. Then, he said, "Fight
in the name of Allah, and for His Sake. Fight whoever disbelieves
in Allah. Do not embezzle the spoils, nor break your pledge, nor
mutilate the dead bodies, nor kill children. When you meet your
enemies, the polytheists, invite them to three things and if they
make a positive response to you, accept it and withhold yourselves
from doing any harm to them. Then invite them to migrate from their
lands to the land of the Emigrants and tell them that if they will
do so, they will have (all the privileges and obligations) that
the Emigrants have; but if they refuse to migrate, tell them that
they will be like the Bedouin Muslims and will be subjected to the
Commands of Allah swt which are applicable to other Muslims and
they will not be entitled to any booty nor Fai' unless they perform
Jihad along with the Muslims. If they should refuse, demand Jizyah
from them; but if they agree to pay Jizyah, accept it from them
and restrain your hands from them. But if they refuse to pay Jizyah,seek
Allah's Succour and fight against them...” [76]
The preceding
discussion about Hijrah may be summarised as follows:
1. Migration
from the lands of disbelievers to the lands of Muslims was mandatory
in the time of the Prophet (peace be upon him), and it is still
obligatory till the Day of Judgement. The obligation which the Prophet
(peace be upon him) lifted after the conquest of Makkah was that
of taking up residence near him. Whoever accepts Islam while living
among those who are at war with Muslims must leave to make his home
among the Muslims. [77]
This is supported
by the Hadith of Mujaashi' Ibn Mas'ud who said: "I took my
brother to the Prophet after the Conquest of Makkah, and said, "0
Allah's Apostle! I have come to you with my brother so that you
may take a pledge of allegiance from him for migration." The
Prophet (peace be upon him) said, "The people of migration
(i.e. those who migrated to Madinah before the Conquest) enjoyed
the privileges of migration (i.e. there is no need for migration
anymore)." I said to the Prophet (peace be upon him), "For
what will you take his pledge of allegiance?" The Prophet (peace
be upon him) said, "I will take his pledge of allegiance for
Islam, Belief, and for Jihad” [78]
2. It is obligatory
to leave the lands of the Bidah(innovation). Imam Malik said: "None
of you may remain in a country where the Companions are cursed'
[79].
3. It is obligatory
to leave a place where forbidden practices are rife since it is
mandatory for Muslims to demand observance of the Law [80]. In this
regard, Ibn Taymiyyah said, "The state of a place reflects
the state of a person. It is possible to be sometimes a Muslim and
at other times a disbeliever; sometimes sincere and at other times
hypocritical; sometimes good and pious and at other times rotten
and corrupt. Thus, a person becomes like the place of his abode.
The migration of a person from a land of disbelief and profanity
to one of faith and probity is an expression of repentance and of
his turning away from disobedience and perversion to belief and
obedience. This is so until the Day of Resurrection."[81]
4. One must
flee persecution and oppression. This is to be counted as one of
the many blessings of Allah swt that he has given His license, to
whoever fears for himself and his own safety, to go and find some
sanctuary for himself. The first to do this was Abraham,~ who, when
he was threatened by his own people said: (1 will emigrate for the
sake of my Lord), (29:26), and, (1 am going to my Lord, He shall
guide me), (37:99). Then there was Moses: (So he escaped from there,
vigilant and fearing for his life, and said "My Lord deliver
me from these oppressors" ), (28:21 ).[82]
5. In times
of epidemic, people were required to leave the city and remain in
the hinterland until the threat of disease had passed. The exception
to this is in times of plague. [83]
6. If one fears
for the safety of his family or the security of his property then
he must also flee since security of one's possessions is like the
safety of one's person. [84]
Finally, migration,
like anything else, is in the first instance a matter of intention,
for the Prophet (peace be upon him) said: "Indeed actions are
but by intention, and each will be rewarded according to his intent.
So whose goal is to migrate for Allah and His Messenger, his migration
is for Allah and His Messenger, and whose aim is to migrate to some
worldly gain or to take the hand of a woman in marriage, his migration
is to that which he has sought."[85]
Oh Allah please accept my hijrah and expiate my sins ameen
[33] Abdur Rahman Ibn Sa'dee, "Al-Fatawee as-Sa'diyya",
Vol. 1/92, 1st Edition, 13 8 8 A.H., Dar al-Hayat, Damascus.
[34] Ibid. Vol.
1/92.
[35] An-Nisa':
97-98.
[36] "Al-Musnad",
Vol.4/99, Abu Dawud, Kitab al-Jihad, Vol.3/7, Hadith 2479, and ad-Darami,
Kitab as-Siyyar, Vol.2/239. Albani classifies it as Sahih. See:
"Sahih al-Ja'mi' as-Sagheer", Vol.6/186, Hadith 7346.
[37] Al-Jasaas,
"Ahkam al-Qur'an", Vol.3/216.
[38] lbd.
[39] Ibn Hazm,
al-Muhalla’: Vol. 13/139-140
[40] Aal-Imran:
28.
[41] 'Al-Ma'idah:
51.
[42] Ibn Ateeq,
"Ad-Difaa "', p, 10- 12.
[43] Ibn Taymiyyah
said in his book: "Iqtidha' as-Sifat alMustaqeem", p.200,
that the chain of narration of this Hadith is Sahih.
[44] An-Nisa’:
91.
[45] An-Nisa':
97
[46] "Tafsir
Ibn Kathir", 2/343, and Ibn Ateeq, "Ad-Difaa "',
p. 13.
[47] "Sahih
al-Bukhari", Vol.8/262, Hadith 4596.
[48] AI-Ma'idah:
24.
[49] Ibn Ateeq,
"Ad-Difaa "', p. 13-14, and see also, Ibn Ateeq's "Bayan
an-Najaat wal Fakak", p.70-72.
[50] Yunus:
104-105.
[51] An-Nisd:
98
[52] An-Nisa’:
97
[53] "Tafsir
Ibn Kathir", Vol.2/343
[54] An-Nisa’:
75
[55] An-Nisd:
99
[56] Al-Baghawi,
"Sharh as-Sunnah", Vol. 10/246.
[57] This is
quoted from the "al-Jami' al-Farid', but the author was unable
to find any such reference in the Musnad.
[58] See: "al-Jami'
al-Farid” p.382, 2nd Edition.
[59] Two of
these scholars are Muhammad Muhammad Hussein in his valuable books:
"Al-Ittijaahaat al-Wataniyyah", "Al-Islam wal Hadaara
al-Gharbiyya" and "Husununa Muhaddada min Dakhilihaa";
also there is a valuable study by Sheikh Muhammad Lutfi as-Sabaagh
called "Al-Ibtia'th wa Makhaatiruhu".
[60] "Fath
al-Bari", Vol.1/16.
[61] Al-Baqarah:
217.
[62] Al-Kahf:
20
[63] Ibrahim:
13
[64] Ibnu Ateeq,
"ad-Difaa "', pp. 18, 19, and "Seerat Ibn Hisham",
Vol. 1, p.254.
[65] 'An-Nahl:
41-42
[66] Az-Zariyat:
50
[67] Ibn al-Qayyim,
"Ar-Risaalat at-Tabuqiyyah" , pp. 14-18, 2nd edition,
1394, Egypt.
[68] His full
name is Imam Hamad Ibn Muhammad Ibn Ibrahim Ibn alKhaftab, of the
descendants of Zayd Ibn al-Khattab, he is known as Abu Sulayman.
He was a jurist, narrator of Hadith, a poet, and a linguist Among
his students, al-Hakim an-Nisaaburi. Al-Khattabee was born in Kabul
in 319 A.H. and died in 388 A.H. For more information, see: the
introduction of "Maalim as-Sunan" published . with "Sunan
Abu Dawud', Vol. 1/11, and az-Zarkali's "Al-A'laam", Vol.2/273,4th
edition.
[69] at An-Nisa':
100
[70] "Sahih
al-Bukhari", The Book of Jihad, Vol.6/37, hadith 2825
[71] Al-Khattabee,
“Maalim as-Sunan", Vol.3/352, revised by Ahmad Shakir
and Muhammad Haamid al-Faqee, see also: "An-Naasikh wal Mansukh",
p.207.
[72] "Al-Anfal:
72.
[73] AI-Anfal:
74.
[74] An-Nisa':
97-99.
[75] "Tafsir
Ibn Kathir", Vol.4/40.
[76] “Musnad
Ahmad", Vol.5/352, and "Sahih Muslim", "The
Book of Jihad', Vol.3/1357, Hadith, 1731.
[77] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol.1/484, and an-Nawawi's "Sharh
Muslim", Vol. 13/8, and "Ta/sir al-Qurtubi" Vol.5/308.
[78] "Sahih
Al-Bukhari", "The Book of Jihad', 6/189, Hadith 3079
[79] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/484-485.
[80] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/484-485
[81] “Majmu'al-Fatawa",
18/284
[82] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/485.
[83] "Sahih
al-Bukhari", "The Book of at-Tib", Vol.10/142, Hadith
:5686, and "Sahih Muslim”, The Book of al-Qisama",
Vol.3/1296, Hadith 1271. For the Hadith of plague, see: “Sahih
al-Bukhari", "The Book of at-Tib", Vol. 10/179, Hadith
5728, and Muslim "The Book of as-Salam", Vol.4/1741, Hadith
2219.
[84] Ibn al-Arabi,
"Ahkaam al-Qur'an", Vol. 1/486.
[85] "Sahih
al-Bukhari", "The Book o Bad'al-Wahy", Vol.1/9, Hadith
1, and "Sahih Muslim", "The Book of al-Imaara",
Vol.3/1515, Hadith 1907.
