The following is a translation from Arabic.
Question 1: In origin is it permitted for Muslims to live in the land of the disbelievers as some ahadith indicate that this is prohibited. The Prophet (saw) said in translation, “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 (saw) said, “Whoever joins the polytheists and lives with them then he is like them” and he (saw) said: “Migration will not end until repentance ends, and repentance will not end until the sun rises in the West.” (”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) How do we understand these evidences?
Answer: The issue of migration.
Texts of mentioned Ahadith are as follows:
«أنا بريء من كل مسلم يقيم بين أظهر المشركين قالوا يا رسول الله ولم؟ قال لا تراءى ناراهما» أبو داود من طريق جرير بن عبد الله رقم (1530، 2274)
“I am not responsible for any Muslim who stays among the Mushrikeen. They asked: Why, Apostle of Allah? He said: Do not take light from their fire.” [Narrated by Jareer bin Abdullah, in Abu Dawood: No. 1530 and 2274]
«لا تنقطع الهجرة ما تُقبلت التوبة، ولا تزال التوبة مقبولةً حتى تطلع الشمس من المغرب» رواه أحمد من طريق معاوية.
“As long as repentance (Taubah) is accepted, hijrah will not cease, and repentance will be accepted until sun rises from the west.” [Reported by Ahmad on the authority of Mu’awiah]
The first Ahadith are regarding staying in dar al kufr when dar al Islam i.e. Khilafah exists.
The Hukm Shar’ai is to migrate from dar al kufr to dar al Islam. One may stay there while hoping to migrate to dar al-Islam or it is forbidden, as the reality may require.
Anyone who cannot declare his deen, or is not free to practice the Ahkam of Islam expected of him, while he stays there, and is in a position to migrate, it becomes obligatory on him to undertake hijrah to dar al Islam.
The evidence for this is the ayah:
“Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” [TMQ 4:97]
And in addition, the hadith first cited above.
Anyone who can declare his deen, and is free to practice the Ahkam of Islam expected of him, while he stays there, and is in a position to migrate, the hijrah is recommended for him and not obligatory on him to undertake hijrah to dar al Islam.
The evidence for this being the ayaat of hijrah, like:
إن الذين آمنوا والذين هاجروا وجاهدوا
“Those who believe and emigrated and fought in the way of Allah with their lives have greater rank before Allah and those are the successful ones” [TMQ]
By Qareenah, it is established that this request is not decisive for a person who is able to declare his deen in dar al kufr.
This is also indicated in the hadith reported by Ibn Hajr in al-Isabah on the authority of Nu’aim al-Nuham
It is narrated that when Nu’aim al-Nuham intended to emigrate, his people, Banu Adiyy, came and said to him:
“Reside with us and you are upon your deen, and we will prevent anyone intending to harm you. And you will suffice us with whatever you used to suffice us in. He used to supervise the orphans of Banu Adiyy and their widows. So he delayed emigration then emigrated afterwards. The Prophet (saw) said to him: Your people were better to you than my people to me. My people forced me to leave and wanted to kill me, while your people protected you and prevented (harm from reaching) you. He said: O Messenger of Allah, rather your people forced you to leave to the obedience of Allah and fighting His enemies, but my people hindered me from emigration and the obedience of Allah.”
This qareenah (indication) specifies that the order is not decisive for a person who is able (to declare his deen), i.e. the order is a recommendation or mandoob.
The hijrah from dar al kufr is haram in the case of a person who is able to declare his deen, carry out the Ahkam of Sharee’ah expected of him, and is in a position, either by himself or with the assistance of his group, to change the status of that dar al kufr to dar al Islam, either by merging it with the Khilafah state or facilitating its opening. It becomes an obligation for him to remain in dar al kufr and his migration from there becomes haram because this amounts to escaping from the obligation of changing the status from dar al kufr to dar al Islam of which he is capable either singularly or with his people.
This is as an overview of the issue of hijrah, for details, refer to Shakhsiyah, Vol. 2 , chapter on migrating from dar al kufr to dar al Islam, pages 266 to 270 of the Arabic edition.
However in the absence of a dar al Islam, it is permitted to stay anywhere, except where a Muslim is either not allowed to perform his deen’s activities freely, like the salah may have been prohibited, etc. or is prohibited from declaring his deen. In such an event he has to migrate to a land where it may be possible for him to act in accordance with the deen.
The above hadith cited regarding the continuation of hijrah, it simply means that hijrah will continue till the day of judgement. When dar al Islam is established, the hukm of hijrah will be applied, it will not be just the first hijrah from Makkah to Madina which was undertaken on the establishment of the first state, but will remain in force at a time when a dar al Islam exists and will be in force as we have explained.
(For details refer to the chapter in Shakhsiyyah Islamiyyah Vol 2 by Sheikh Taqi ud-deen an-Nabhani)
In short, the Ahadith concerning migration from dar al kufr to dar al Islam are linked to the existence of dar al Islam, and the hukm of hijrah remains valid to the day of judgement, so long as a dar al Islam exists, and hijrah is not limited to the first hijrah alone.
Question 2: Is it fard for Muslims living in non-Muslim lands to have an Ameer for themselves, as the hadith seems to indicate: Ahmad narrated on the authority of ‘Abdullah b. Amr that the Messenger of Allah (saw) said in translation: “It is not allowed for three persons (to be) without appointing one of them as an Ameer.”
Answer: The hadith reported by Ahmad on the authority of Abdullah bin ‘Amr:
«لا يحل لثلاثة نفر يكونون بأرض فلاةٍ إلا أمَّروا عليهم أحدهم»
“It is not allowed for three persons (to be) without appointing one of them as an Ameer.”
The hadith means that it is necessary for a group of people gathered on an issue, to appoint one among them as Ameer.
Those who have gathered for undertaking a journey, it is on them to appoint one Ameer for the journey.
Those who have gathered for a group (takattul), it is for them to appoint an Ameer for that takattul (structure), etc.
However administering the affairs requires the establishment of ruling (system) in a ma’roof manner. It is for this reason that it is not required of the Muslims living in the land of kuffar to appoint an Ameer on them as the Ameer for administering the affairs is the person with authority, and since these Muslims are living in the lands of kuffar, they cannot have an Ameer.
As for those living in the Muslim lands, it is incumbent upon them to establish the Islamic ruling and for it in accordance with the Ahkam al-Sharee’ah.
For Muslims living in the lands of kuffar, those Ahkam will be applied to them as were applied to the Muslims in Makkah before the establishment of the (Islamic) state in Madina. But while an Islamic state exists, those Ahkam of Islam will be applied as were applicable to the Muslims who remained in Makkah even after formation of the state, i.e. the Ahkam of migration as explained in the answer to the first question.
April 16th, 2007 C.E
The following is a draft translation from the section referred to in the Q&A from the Arabic book Shaksiyyah Islamiyyah (The Islamic Personality) Volume 2:
THE EMIGRATION (HIJRAH) FROM DAR AL-KUFR TO DAR AL-ISLAM
Emigration (hijrah) is leaving from Dar al-Kufr to Dar al-Islam. The Supreme said: “Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” [TMQ 4:97].
And Abu Dawud narrated via the way of Jareer bin Abdullah from the Prophet (SAW) who said: “I am free from every Muslim residing in the midst of the polytheists. They said: Why, O Messenger of Allah? He said: Do not take light from their fire.” The emigration from Dar al-Kufr to Dar al-Islam remains without termination (inqat’a). As for what Al-Bukhari narrated of his (AS) statement: “No emigration after the conquest of Makkah” and his statement: “No emigration after the conquest” and his statement: “The emigration has terminated but (there remains) jihad and intention.” And what was narrated about Safwan bin Umayya that when he became Muslim, it was said to him there is no deen for the one who does not emigrate so he came to Madinah and the Prophet said to him: ‘What did you come with, O Abu Wahab? He said: It was said there is no deen for the one who does not emigrate. He said: Return, Abu Wahab, to the (abatih) of Makkah. Reside in your residences. Emigration has terminated but (there remains) jihad and intention, and when you are asked to go forth (in jihad) then go forth.” All this is negating emigration after the conquest of Makkah. However this is reasoned with a Shari’ah reason deduced from the hadith itself since his statement: “after the conquest of Makkah” came in a way including reasoning similar to his (AS) statement: “Do not make into wine (tanbadhu) dates and raisins together” (narrated by Abu Dawud). His statement “together” came in a way including reasoning so the reason was the prohibition on making into wine (intibadh). This means that the conquest of Muslim is the reason for negating the emigration which means that the reason revolves around the reasoned (matter) in existence and absence, nor is it specified to Makkah but rather conquering any land by the evidence of another narration “no emigration after conquest.” This is strengthened by what Al-Bukhari narrated from Aisha who was questioned about the emigration and said: “There is no emigration. The believer would flee with his deen to Allah and His Messenger for fear of being persecuted. As for today, Islam has become dominant and the believer worships his Lord wherever he wishes.” This indicates that the emigration was upon the Muslim before the conquest fleeing with his deen fearing he would be persecuted. It was negated after the conquest as he become able to show his deen and perform the rules of Islam. So the conquest which resulted in that became the reason for negating the emigration; nor is it the conquest of Makkah alone. Therefore that means there is no emigration after conquest from the land which was conquered. His (AS) statement to Safwan “it has teminated/ended” means from Makkah after it was conquered since emigration is leaving from the land of disbelievers and the Dar al-Kufr, so if the land is conquered and becomes Dar al-Islam it no longer remains a land of disbelievers or a Dar al-Kufr so emigration no longer remains. Similarly there remains no emigration from all conquered lands. This is strengthened by what Ahmad narrated via the way of Muawiya who said: I heard the Messenger of Allah (SAW) saying: “Emigration will not end as long as repentance is accepted, and repentance will continue being accepted until the sun rises in the west.” Ahmad also narrated that the Prophet (SAW) said: “Emigration will not end as long as there is jihad” and in another narration: “Emigration will not end as long as disbelievers are fought” which indicate that emigration from Dar al-Kufr to Dar al-Islam remains and has not ended. As for the rule of emigration, it is in relation to the one capable of it obligatory in some situation and recommended in other situations. As for the one not capable, verily Allah forgave him and it is not required from him.
That is due to his inability to emigration either due to illness, compulsion to stay or weakness like women, children and their like as came at the end of the ayah of emigration.
Whoever is capable to emigration and unable to show/display his deen nor perform the Islamic rules required of him, then emigration is obligatory upon him due to what came in the ayah of emigration. The Supreme said: “Verily those whom the angels take in death while they are oppressing themselves. They said: ‘In what (situation) were you?’ They reply: ‘We were weak and oppressed in the earth.’ They say: ‘Was not the earth of Allah spacious enough for you to emigrate therein?’ For them is the abode of Hell, and what an evil destination!” The information here means the command and it is of the language of request as if He said: Emigrate therein. The request in this ayah is linked with emphasis (ta’keed) and linked with a severe threat upon leaving emigration. So it is a decisive request which indicates that emigration in this situation is obligatory upon the Muslim and he sins if he does not emigrate. As for the one able to emigrate but is capable to manifest his deen and perform the Shar’a rules requested from him, emigration is recommended not obligatory. As for its being recommended, this is because the Messenger (SAW) would encourage the emigration from Makkah before the conquest when it was Dar al-Kufr and there came ayah explicit about that. The Supreme said: “Verily those who believe and those who fought in the way of Allah, those are the ones hoping for the mercy of Allah and Allah is forgiving, merciful” [TMQ ]. And He said: “Those who believe and emigrated and fought in the way of Allah with their lives have greater rank before Allah and those are the successful ones” [TMQ ]. And He said: “As for those who believed and did not emigrate then you have no (wilayah) with them in anything until they emigrate. And if they ask your support in the deen, support is obliged upon you except with a people whom between you and them is a (mithaq)” [TMQ 7: ]. And He said: “Those who believed afterwards and emigrated and fought together with you, those are of you” [TMQ ]. All this is explicit in requesting emigration. As for its not being obligatory, the Messenger (SAW) did consent to those who remained in Makkah of the Muslims. It is narrated that when Nu’aim An-Nahham intended to emigrate his people, Banu Adiyy, came and said to him:
“Reside/Stay with us and you are upon your deen, and we will prevent anyone intending to harm you. And you will suffice us with whatever you used to suffice us in. He used to supervise the orphans of Banu Adiyy and their widows. So he delayed emigration then emigrated afterwards. The Prophet (SAW) said to him: Your people were better to you than my people to me. My people forced me to leave and wanted to kill me, while your people protected you and prevented (harm from reaching) you. He said: O Messenger of Allah, rather your people forced you to leave to the obedience of Allah and fighting His enemies, but my people hindered me from emigration and the obedience of Allah.” All this is in relation to Dar al-Kufr i.e. a land of war as it is irrespective of its residents being Muslims or disbelievers since the rule of the land does not differ according to the residents but rather differs by the system which it rules with and the security by which its people are secured. Accordingly there is no difference between Indonesia and the (Qafqas), or between Somalia and Greece. Except for the one able to manifest his deen and perform the requested Shar’a rules where he is able to change Dar al-Kufr wherein he resided to Dar al-Islam; it is forbidden for him in this situation to emigrate from Dar al-Kufr to Dar al-Islam. This is the same whether he possesses the ability by himself or his group structure (takattul) with the Muslims in his land or by seeking assistance of Muslims outside his land or by cooperation with the Islamic State or any (other) means. It is obligatory upon him to work to make Dar al-Kufr into Dar al-Islam and at that point it is forbidden for him to emigrate from it. The evidence for this is that if there resides disbelievers in the land within which he live and is ruled by kufr, it is obliged upon Muslims to fight its people until they become Muslims or pay the jizyah and be ruled by Islam. This is also obliged upon him in his attribute as a Muslim and in his consideration as one whom the disbelievers are next to and of those who are closer to the enemy. If those residing therein are Muslims and they are ruled by other than Islam i.e. by the system of kufr, it is obliged upon Muslims to fight their rulers until they rule by Islam. This is also obliged upon him in his consideration as one of the Muslims who is ruled by kufr. So in any case, fighting is obliged upon him and preparing for fighting if he is capable of it. The situation of the Muslim who lives in Dar al-Kufr does not go out of one of these two situations, so he is either of those upon whom jihad is obliged against the disbelievers near him or of those upon whom fighting the ruler ruling by kufr is obliged. In these two situations, it is considered that his leaving the Dar al-Kufr which rules by other than Islam i.e. by kufr as fleeing from the jihad from a place wherein it is obliged upon him or fleeing from fighting the one who rules by kufr, both of which are great sins before Allah. Accordingly it is not allowed for the one capable of changing Dar al-Kufr into Dar al-Islam to emigrate from it as long as he possesses the capability to change it into Dar al-Islam; this is the same in Turkey, Spain, Egypt and Albania without difference between them as long as they are ruled by the system of kufr.