Question 5:
The rule defining which land it is obligatory to make hijrah from
“What is the rule defining the land in which it is obligatory to make hijrah from?”
The Answer:
It has already preceded that hijrah is made from the land of disbelief to the land of Islaam, so if what is meant by this question, is an explanation and clarification of the rule defining the land of shirk or disbelief then the Scholars have many interpretations defining that rule.
The most famous rule amongst the Scholars defining the land of shirk and the land of disbelief is: ‘The land in which shirk or disbelief is in the open and predominant,’ as has been mentioned in ‘Sharh Al-Iqnaa’ by al-Buhootee, and in the fataawa (legal verdicts) of Ash-Shaykh Muhammad Ibn Ibraaheem, and in the fataawa of Ash-Shaykh Ibn Baaz, may Allaah have mercy upon all of them.
Imaam ash-Shawkaanee (Rahimahullaahu Ta’ala) has also mentioned in his book ‘AsSail Al-Jarraar’ a rule defining the land of disbelief, and the land of shirk, and also the land of Islaam. He (Rahimahullaahu Ta’ala) said,
“What is considered is, who’s word is predominant. If the commands and prohibitions in the land belong to the people of Islaam, then it is a land of Islaam, and that ruling is not impaired by the appearance of certain traits of disbelief because they didn’t appear by means of the might and force of the disbelievers as is witnessed in Ahl Adh-Dhimmah (those disbelievers who pay a tax to live in the Muslim lands) from the Jews and Christians, and in the Muaahadoon (those who have a pact with the Muslims) who reside in the Islaamic cities, and if the situation is opposite to that, the land takes the opposite ruling.”
Also, there is a nice discussion by Ash-Shaykh Ibn ‘Uthaymeen (Rahimahullaahu Ta’ala) in his explanation to ‘Al-Usool AthThalaathah’. He (Rahimahullaah) said,
“And the land of shirk is the one in which the rituals of disbelief are performed and the rituals of Islaam, such as the Adhaan (call to prayer), and the Salaah (prayer) in congregation, and the ‘Eed prayers, and Jumu’ah (Friday prayers) are not performed in a general universal manner.”
He said,
“We only said: ‘in a general universal manner’ in order to exclude those places in which these rituals are performed in a limited way like the lands of the disbelievers that have Muslim minorities, for verily they don’t become the lands of Islaam by the Islamic rituals that the Muslim minorities perform therein. As for the lands of Islaam, they are the lands in which these rituals are performed in a general universal manner.”
This statement of Ibn ‘Uthaymeen (Rahimahullaahu Ta’ala), could be used to refute that which al-Maawardee mentioned. He is a Shaafi’ee Scholar who said, “If he is able to openly perform the deen in a land from the lands of disbelief, then that land has become a land of Islaam, and therefore, residing in it is better than leaving it because of the hope that others will enter Islaam.” Ibn Hajar (Rahimahullaah) reported that on him. So the statement of Ibn ‘Uthaymeen (Rahimahullaah) could be used as a refutation against what al-Maawardee (Rahimahullaahu Ta’ala) mentioned.
So this is the rule defining the land of shirk and the land of disbelief from which hijrah is obligatory upon whoever is not able to openly perform his deen, nor perform the rituals therein.
Source : Transcribed by AbdurRahman.Org from the PDF – Questions and answers concerning al-Hijrah – By Shaykh ‘Abdur Rahmaan al-‘Adanee
Related Link: Hijrah (Migration to Muslim Lands) – abdurrahman.org/hijrah
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