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Residing in
Three Fatawa by Sh. Muhammad Taqi al-Uthmani & Sh. Muhammad ibn Salih
al-`Uthaimeen
Translated by Kamil Mufti
The following are three fatawa from two
contemporary scholars on the issue of residing in the land of the unbelievers.
The first one is taken from a response written by Muhammad Taqi al-Uthmani for
the Majlis of Majma’ al-Fiqh al-Islami, held in Amman, Jordan from 8-13 Safr,
1407 A.H. corresponding to 11-16 October, 1986 in response to one of the 28
questions sent by the Islamic Center of Washington to the Majma’ on issues
pertaining to Muslims residing in North America and Eupore. It was published in
"Buhuth fi-Qadayaa Fiqhiyya Mu’asara." (p. 328-331)
The other two were two questions put to
Sh. Muhammad Ibn Salih al-‘Uthaimeen
of
Fatawa
fadilatis-sheikh Muhammad Ibn Salih al-‘Uthaimen." Vol 1, p. 54-61
(Q1) Is it allowed to take the
nationaility of
(A) Taking permanent residence in a
non-Muslim country, adopting their nationality, and making it one’s country of
residence as its citizen is a matter whose ruling (hukm) differs with those who
seek citizenship, their motivations, and intentions. For instance:
(1) If a Muslim is persecesuted in his
homecountry without any crime, imprisoned for no due reason, his wealth seized
injustly and he has no way of protecting himself from these injustices except
taking residence in a non-Muslim country, then in this case it is permissible
for him to take its citizenship without any dislike (kiraha) given he makes
sure that he will be able to practise his deen in daily life and is able to
guard against the promiscuity and evil widespread over there. The evidence for
this is the following: the Companions migrated to
(2) Similarly a person faced by
financial hardships who can not find sufficient means of support without which
he can not do and he does not find them except in such lands, then it is
permissible for him with the conditions mentioned. This is because earning a
livelihood is a duty (faridah) after other obligations which the Sharia has not
restricted to any one place. Allah says:
"He it is, Who
has made the earth subservient to you, so walk in the path
thereof and eat of His provisions, and to Him
will be the Resurrection." 67:15
(3) Similarly, if a person becomes a
citizen of a a country to invite its people to Islam or to teach the rulings of
the Sharia to the Muslims living in it, then not only is it permissible, but he
will be rewarded for it. Many Companions and Tabi’een took residence in the
land of the unbelievers for this praiseworthy purpose, and this is counted
among their merits.
(4) If a person has sufficient
financial means at his disposal in his Muslim homeland such that he can spend
his life according to the standard of life of other people in his town, but he
migrates to the land of the unbelievers to raise his standard of living and to
be able to live in luxury, then such is not devoid of dislike (kiraha). He has
exposed himself to the evil spread over there without any wordily or religious
need sactioning it. Experience testifies that the religious zeal of those who
adopt citizenship for the sake of a luxurious life weakens and they melt
infront of the glitter of unbelievers. Abu Daud reports on the authority of
Samura ibn Jundub that the Prophet said, "Whoever joins a Mushrik and
lives with him is like him." (Abu Daud, at-Tirmidhi) Jabir relates the
Prophet said, "I am free of every Muslim who lives among the
Musrikeen." We asked, "Why is that, O Messenger of Allah?" He
replied, "Their fires should not be visible to one another." (Abu
Daud)
Imam al-Khattabi writes:
"Different scholars have
interpreted this hadith in different ways. One is that they are not equal in
their hukm (‘ruling’; meaning they both have different rulings pertaining to
them). Others say this hadith means Allah has differentiated between Dar
al-Islam and Dar al-Kufr, hence it is not allowed for a Muslim to live in the
land of the unbelievers since when they will lit their fire, he will be seen to
belong to them. It also an evidence that it is disliked
(makruh) for a Muslim to goto Dar al-Harb for trade and to stay there for more
than four days." (Mu’alim us-Sunnan by
al-Khattabi. Kitab al-Jihad)
Abu Daud reports in his Marasil from
Makhool from the Prophet, "Do not leave your
children among the polythiests."
This is why some jurists (fuqaha) have
mentioned that Muslims living in Dar al-Kufr and increasing their numbers for
the sake of making money takes away a person’s ‘adala (uprightness). (Takmila
Radd al-Mukhtar I:101)
(5) Taking citizenship of foreign lands
to earn respect and honor, or to prefer their citizenship over that of Muslim
countries, or to resemble them in daily life is absolutely haram. This does not
even require any evidence!
(Q2) And he was asked: What is the
ruling (hukm) of travelling (safr) to the land of the unbelievers? And what is
the ruling concerning going there for tourism?
(A) He answered by stating: Travelling
(safr) to the land of the unbelievers is impermissible (la yajooz) unless three
conditions are met:
(a) That the person has knowledge
(‘ilm) to repel doubts (shub-bahaat).
(b) That he has deen which will prevent
him from falling into lustful desires (shah-a-waat).
(c) There is a need to travel.
If these conditions are not met he is
not allowed to travel to the land of the unbelievers due to the fitna or fear
of fitna that exists there and the wasting of wealth that ususally accompanies
such visits. As for some (genuine) need like medical treatment or acquiring
knowledge that is not found in his land, and he has knowledge (‘ilm) and deen
as we have described above, then there is no harm in it.
As for travelling for tourism to the
land of the unbelievers, then there is no need for that, also, it is possible
for him to goto the lands of the Muslims to safeguard the manifest symbols of
Islam for his family. Our lands, and all praise is due to Allah, have become
tourist attractions where one may possibly go.
(Q3) What is the ruling about residing
(iqama) in the land of the unbelievers?
(A) The Sheikh answered: Residing in
the land of the unbelievers is a dangrous matter for the deen of a Muslim as
well as his manners and morals. We as well as others have witnessed lot of
deviation in those who lived there and came back not being
on what they left with. They returned back sinners (fussaq), some even
apostated not only from their religion, but from the rest of them as well -
refuge is sought with Allah - having become stubbornly resilient, making fun of
the deen and its adherents, those who came before and those who came after!
Residence in the land of the
unbelievers has two necessary conditions to it:
(a) The resident is secure about his
deen in the sense that he has knowledge
(‘ilm), faith (imaan), and a strong
resolve such that he can be confident that he will remain firm on his deen,
cautious against deviation and misguidance, and he will conceal enmity for the
unbelievers and have animosity towards them, far from turning towards and
showing affection as turning towards them and loving them goes against Imaan as
Allah says:
"Thou wilt not find any people who
believe in Allah and the Last Day, loving those who resist Allah and His
Messenger, even though they were their fathers or their sons, or their brothers,
or their kindred. For such He has written Faith in their hearts, and
strengthened them with a spirit from Himself. And He will admit them to Gardens
beneath which Rivers flow, to dwell therein (for ever). Allah will be well
pleased with them, and they with Him. They are the Party of Allah. Truly it is
the Party of Allah that will achieve felicity." al-Mujadilah 22 " O
ye who believe! take not the Jews and the Christians
for your friends and protectors: They are but friends and protectors to each other.
And he amongst you that turns to them (for friendship) is of them. Verily Allah
guideth not a people unjust. Those in whose hearts is
a disease - thou seest how eagerly they run about amongst them, saying:
"We do fear lest a change of fortune bring us disaster." Ah! perhaps Allah will give (thee) victory, or a decision
according to His will. Then will they repent of the thoughts which they
secretly harboured in their hearts." 5: 51, 52
And it is confirmed in an authentic
hadith that the Prophet said, "Whoever loves a people will be one of them,
and a man will be with the one he loves."
Loving the enemies of Allah is one of
the greatest dangers for a Muslim since loving them necessitates conforming
with and following them, or at least not stopping them, that is why the Prophet
said, "A man will be with whom he loves."
(b) That he is able to express his deen
in the sense that he is able to establish the outward manifest symbols
(Sha’a’ir) of Islam without any hindrance so there is no obstacle in establishing
the prayer; the Jumu’ah; the congregation (jama’ah) when there is someone with
him to establish the congragation (jama’ah) and Jumu’ah; there is no obstacle
in (administering) zakat, fasting, Hajj, and other symbols of Islam. If he is
unable to do so, he is not allowed to reside and must migrate (hijra). It is
stated in al-Mughni (vol. 8, p. 457) under the duscussion of the categories of
people with respect to migration (hijra):
"One of those who must migrate is
one who is unable to show his deen and is not able to establish the obligatory
duties (wajibaat) of his deen due to his residence with the unbelievers. On
such it is obligatory to migrate as Allah said:
"Lo! as
for those whom the angels take (in death) while they wrong themselves, (the
angels) will ask: In what were ye engaged? They will say: We were oppressed in
the land. (The angels) will say: Was not Allah’s earth spacious that ye could
have migrated therein? As for such, their habitation will be hell, an evil
journey’s end." 4:97
This is a severe threat which points
towards obligation (wajub) because establishing an obligation of the deen is
obligatory on one who is able to. Migration (hijra) is from the requirements of
the obligation and its perfection and if an obligation can not be fulfilled
except something, then that thing becomes obligatory as well."
After completing these basic
conditions, residence in Dar al-Kufr can be divided into the following types:
(1) That he resides to give da’wa to
Islam and awaken (people) to it. This is a type of Jihad that is a communal
obligation (fard kifaya) on the one capable with the condition that he will
materialize the da’wa and there is no obstacle in (delivering) it or (others)
responding to it. This is because da’wa to Islam is from the obligations of the
deen and the way of the messengers. The Prophet has commanded to deliver the
message on his behalf in every age and time as he said, "Relate from me
even if a single verse.’
(2) That he resides to study the state
of the unbelievers and to know what they are upon of corruption (fasad) of
creed (aqeeda), false worship, immorality, and confused behavior so he may warn
people of the reality of their affairs. This type of residence is also a type
of Jihad since it serves as giving a warning against disbelief and the
unbelievers which implies inviting to Islam and its guidance. The corruption of
disbelief is proof for the vailidity of Islam as they say, ‘things are known by
their opposites.’ But he must materialize his intent without incurring greater
harm since if he does not materialize his intent by not spreading what they are
upon and cautioning against it, then there is no benefit of his residence. If
materializing his intent will result in a greater harm like reciprocating their
abuse of Islam, the Messenger, and the scholars of Islam because of his action,
then he must hold himself back as Allah has said,
"Revile not ye those whom they
call upon besides Allah, lest they out of spite revile Allah in their
ignorance. Thus have We made alluring to each people
its own doings. In the end will they return to their Lord, and We shall then tell them the truth of all that they
did." al-An’am 108
This residence in the land of the
unbelievers is like being the eyes of the Muslims so he may know how the
Muslims should plan against their deceptions as the Peophet sent Hudaifa ibn
Yamman to the polythiests to obtain information about them.
(3) That he resides for some need of a
Muslim country and establishing (diplomatic) ties like an embassy staff. Their
ruling is the same as for the ones for whom they are staying. Cultural attache
may, for instance, stay in order to oversee the affairs of the students and to
watch them and to encourage them to practise the deen of Islam and its morals
and manners. By his reseidence great benefit might be achieved.
(4) That he resides for a specific,
permissible need, for instance trade or medical treatment. In this case it is
allowed for him to reside as long as may be needed. The scholars have stated
the permissiblity of entering the lands of the unbelievers based on some
reports from the Companions.
(5) That he resides for education. This
is similar to residing due to some need as mentioned above, but it is more
dangerous and harder on the religion of the resident and his morals. This is
because a student is conscious of his low level and the high level of his
instructors. This leads to repect of and conviction in their beliefs and ideas.
Hence, he may blindly follow them save for those whom Allah protects. Moreover,
a student depends on his instructor which leads to affection and a desire to
please him in the deviation and misguidance he is upon. Also a student might
make friends among his peers, love them, turn towards them, and take from them.
Due to the extreme danger of this of this type, we will add some more
conditions to the ones already mentioned:
(a) The student must be at a very
mature mental level which would enable him to distinguish between what is
beneficial and what is harmful and be able to foresee distant future. Sending
young and immature ones is very dangerous for their deen and morals. Moreover,
they also pose a threat to their communities after they return and spew forth
the poison they were made to drink from these unbelievers as we have seen and is testified by reality. Many of them return back but not as
they left - they come back deviated in their morals and manners. They cause
great harm to their societies in these matters as can be seen. Sending them is
like putting a sheep infront of a raving predator!
(b) The student must have knowledge of
the Sharia that would enable him to distinguish between truth and falsehood and
fight falsehood with truth perchance he is duped by the falsehood they are
upon, imagining it to be truth or is deceived,or is unable to defend it,
otherwise he will be left confused following falsehood. A reported suppication
states, "O Allah, show me the truth as the truth,
and enable me to follow it. O Allah, show me show me falsehood as falsehood and
enable me to stay away from it and do not let it confuse
me, so I may be misguided."
(c) The student has deen that will
safeguard and protect him against disbelief and sinfulness. One weak in his
deen will not be safe if he resides there, except for whom Allah wills
otherwise. This is because onslaugths are strong and the defenses are feeble.
Causes of disbelief and sinfulness are many and diverse so if he comes across
an occasion with feeble defenses, he might fall into it.
(d) There is some need of the knowledge
for which he is residing over there, for instance, there is some benefit for
the Muslims in him acquiring it. Also, the same education is not available in
institutions of his own land. If it is useless type of
knowledge or if it is available in Islamic lands, he is not allowed to reside
in the land of the unbelievers for it since residing with them poses a danger
to the deen and the morals and a waste of wealth without benefit.
(6) He resides to live and settle. This
case presents more danger than the ones before and leads to greater harm
because it involves complete mixing with the unbelievers since they demand
nationalistic allegiance and doing so increases the numbers of the unbelievers.
His raising family with people of disbelief leads to adopting their morals and
habits, maybe even blind imitation in belief (aqeeda) and worship. This is why
a hadith mentions that the Prophet said, "Whoever joins a Mushrik and
lives with him is like him." Even though it has a weak isnad but it sets a
perspective since settling leads to resemblance. Qais ibn Abi Hazim reports on
the authority of Jarir ibn Abd-Allah that the Prophet said, ""I am
free of every Muslim who lives among the Musrikeen." We asked, "Why is
that, O Messenger of Allah?" He replied, "Their fires should not be
visible to one another." Reported by Abu Daud and
at-Tirmidhi. Most of the the reports are mursal from Qais ibn Abi Hazim
from the Prophet. At-Tirmidhi said he heard Muhammad - that is al-Bukhari -
saying the correct opinion concerning the hadith of Qais is that it is mursal.
How can the soul of a believer feel good about settling in the land of the
unbelievers where the symbols of unbelief are dominant, the rule belongs to
other than Allah and His Messenger, and he witnesses to that with his eyes and
hears with his ears and is pleased with it! Rather he ascribes himself to those
lands and settles in them with his family and children and feels content with
that as if he was in the land of the Muslims! This is notwithstanding the great
danger on him, his family and children regarding their deen and morals.
This is what we have reached as far as
residing in the lands of the unbelievers is concerned. We ask Allah that He
makes it conform to what is right and correct.
