A MUSLIM ENTERS AND RESIDES IN A NON-ISLAMIC COUNTRY

(Dukhul Almuslim 'Iilaa Dawlat Ghyr 'Iislamiat Wal'iiqamat Fiha)

A study by Sheikh Abdul Karim Zidan in which he discussed the issue of the extent to which a Muslim may enter a non-Islamic country, the extent of his permissibility of residence there, the duration of this residence, whether he is obliged to emigrate from it after spending the period of his stay or not, and his relationship with these questions, this research was printed in 2011 AD with a group of other jurisprudential research and published With a book entitled (Contemporary Jurisprudence Research Group ).

Smoothing

The question is about the extent of the permissibility of a Muslim entering a non-Muslim country, the extent of his permissibility of his residence there, the duration of this stay, and whether he is obliged to emigrate from it after completing the period of his stay or not, and his relationship with these questions and the answer is the following :

1)  Muslim jurists divide countries and states into two major parts :

  The first: they call it "the abode of Islam ."

  The second: they call it "the house of war" and they want by this release the "house of war" for non-Muslim countries or countries .

The jurists knew the house of Islam and the house of war, so they said about the house of Islam that it is every place or land ruled by Muslims and in which they demonstrate the rituals and rulings of Islam .

They define the house of war as the house, country, or state ruled by non-Muslims and in which they apply their rulings .

It is noted in this definition that the perception is that this country is described as Islamic, or that this state is described as Islamic, meaning “the abode of Islam,” according to the use of the jurists. They look at who controls it and rules it. If they see that the control of Muslims and its ruler is a Muslim they say Dar Islam, and they do not say (and it applies It contains the rulings of Islam ).

And some jurists say that it is the house that Muslims rule and do not say that the rulings of Islam are applied in it, and the reason for that is that one of the axioms of our jurists and of the necessary supplies is that the fact that this country is ruled by a Muslim ruler, the obvious result is that it is not governed by any other than Islam and therefore they do not say that Muslims rule it and apply the rulings of Islam Some of them mention the two matters further in explanation

2)  What confirms this is what I say is that the Shafi’i jurists or some of them knew the House of Islam and said :

( It is not a condition of the Dar al-Islam that it be Muslims in it, rather it is sufficient for it to be in the hands of the Imam and his Islam, meaning that the authority be in the hands of this Imam in which he is required to be a Muslim) This confirms that considering the fact that the house is a house of Islam is that it is under the authority of Muslims whose ruler is only A Muslim, and the matter with the Muslim ruler is to apply the rulings of Islam, so this absolutely does not prevent there are no Muslim people in this house as long as the ruler applies the rule of Islam .

3)  As for the abode of war, the jurists define it as the house that is controlled by non-Muslims and apply their rulings in it, and this definition converges in his view with the view on defining the house of Islam, and he who seizes this house (Muslims or others) because the application of rulings follows the sect or religion of the ruler who is chosen by the people of That house .

4)  It is noticed here that the Muslim countries or their countries, even if they are multiplied, and each of these countries has a Muslim ruler, for it is considered in the view of Sharia the status of one house. And the people of these multiple Islamic countries consider one nation and one people unified by the doctrine of Islam. The Almighty said in Surah Al-Anbiya: “This is your nation as one nation .”

Hence, the Muslim jurists of Islam in Egypt did not consider themselves different from the Muslims in Baghdad, although each of them had an independent ruler, and also when an Islamic state was established in Spain, their association with them was as if they were the people of Baghdad, so there is no difference between them in anything at all .

5)  notes that the original to be Muslims and one successor State or one governor of this state that it was the Muslims in the era of the Prophet  ﷺ and Caliphs , then the case remained as the Umayyad state time, but after this state Muslims became various countries took scholars provide justifications for such a plurality of Muslims In their countries until they apologize that the rulers of these countries are legitimate rulers who must obey, but they have never conceded from what is required by law, which is that Muslims have one state and one caliph, and that acceptance of this pluralism is a necessity and not an application of a legitimate intention, and this acceptance of the jurists of pluralism stopped at this point and did not arrange It has conditions or duties after the Umayyad and Abbasid dynasties, and this juristic view is still being adopted in our present time, and the answer to the previous question appears as follows :

  The basic principle for a Muslim entering a non-Islamic home is the prohibition  , and the exception is permissibility, provided that there is a justification for his entry or residence in the non-Islamic country to which he moved, and there is no dispute about this among the jurists and if there is some reason in this non-Muslim country, as if it was not A Muslim, or a Muslim, entered the house of war and the legal justification for entering it has disappeared. He must leave this house if he is able to do so and there is no urgent need or assured interest for his survival for a while, as we have shown that, God willing .

Legal justifications for a Muslim entering a non-Islamic country and the period of his stay in it

6) The  first justification: entry for the purpose of permissible trade

The evidence for this permissibility is what the jurists declared based on the confession of Caliph Umar, may God be pleased with him, without contradicting him in this statement. Among their statements is what the owner of the singer Ibn Qudamah al-Hanbali, may God have mercy on him, said: (It is still an ongoing habit of entering their merchants - the merchants of the Dar al-Harb - to our house. And the entry of our merchants into their homes) and their mayor in that is that the tax collector that Muslims used to collect from the merchants of the people of the house of war when they entered the house of Islam was with permission and evaluation from Umar - may God be pleased with him - and this was mentioned by the Hanafis in their books as others have mentioned that tax collectors The merchants that the Muslims used to collect from the Dar al-Harb merchants if they entered the Dar al-Islam. One of them asked Omar - may God be pleased with him - how much tax would we take from the merchants of the Dar al-Harb if they entered? He said how much tax they take from our merchants if they enter their home, so take from them as much as they take from our merchants .

In this question, answer, and deduction regarding commercial taxes without denying anyone, the entry of a Muslim for the purpose of trade into the house of war has become a legitimate matter because he had this consensus and its application in terms of allowing Muslim merchants to enter the house of war, and for non-Muslim merchants to enter the abode of Islam and collect the taxes called (by tithe) It is the tenth and it is so called because the majority is the tithe or what is attributed to it such as the half of a tenth or the double of the tithe, and consensus is a legal evidence, and the trader remains in a permissible residence in the house of war as much as his trade requires, and this decision is to go and return, and the permissibility of entry to trade with certain goods is not restricted because the permissibility A neighbor at all and did not ask our master Omar and did not restrict them to a specific trade, so the general restriction remains, which is the legal permissibility. It is permissible for a Muslim to take it for himself, and it is not permissible for him to appointBased on its abuse by a non-Muslim, and in the jurisprudential rule (what is forbidden to take is forbidden to give) and among the provisions of this entry is that a Muslim adheres to the morals of Islam in his engagement in commerce, so that he does not cheat or deceive, and it is not permissible for him to betray or deceive a non-Muslim in his dealings with a Muslim in commerce or He seeks to steal and deceive them, because when he was given safety and permission to enter their home, this permission and safety are required by these obligations that I referred to .

7)   It is noticed here that this justification (trade) includes his entry to sell his goods in the house of war and includes buying permissible from the house of war to bring it to the abode of Islam and sell it there, so it is not permissible for him to take something forbidden to sell in the house of war, nor to buy something forbidden to sell it in a house Islam .

It should be noted here that what is meant by this permissibility is as much as is required by matters of trade, and it is limited to selling his goods in which he traded and does not include his permanent residence in order to open a commercial center to be taken as a headquarters that links his residence to it .

8) The  second justification: entering the invitation to God Almighty

What is meant is the call to God Almighty, that is to say to the religion of Islam, so the Muslim moves from his Islamic country to a non-Islamic country and resides there in order to deliver the call to God to the people of those countries who are not Muslims and reside in those countries as much as he needs for this communication, and our evidence for that is that Islam is a universal call to all human beings and that our Prophet  ﷺ is the messenger of all human beings, the Almighty said in Saba) and sent thee all the Nas(, and the verse in Sura norms) Say: O people , I am the messenger of Allah to you all (and the right of the general public to reach them this call is also due to A Muslim should strive to deliver it to those who can communicate it to them, following the methodology of the Messenger of God  In the call, and the implementation of the verse in Surat Yusuf) I invite unto Allah with vision and I follow me and the Glory of God and what I Almusharkin(, followers of the Prophet, followed him in his approach and his approach to the call of God , and his approach  ﷺ  not only to remain in his country where he was It is Makkah. He went out of it to Taif and reaches its people who, so the Muslim should also require the impact of the Messenger of God  ﷺThen he should move to a non-Muslim country to convey to his people the meanings of the call to God because Taif was not an Islamic country and I was not one of the shops of Makkah but needed to be transferred and the Prophet did it ها And since Islam is a universal call and it is the duty of Muslims to communicate this Islam to the general population and that this general communication needs to be transmitted and resided in those Islamic countries and the rule says (what an obligation does not fulfill is an obligation), then this move from the abode of Islam to The house of war is definitely desirable, and it may be one of the obligatory duties of the one who is capable of it, or of the duties in kind according to the ability of the Muslim. Non-Muslim in non-Muslim countries, and Islam has spread in many countries with this move made by Muslims, as in Southeast Asia, and it is known in the history of invitations, and the preacher can reside in this country that he intended for as long as the residence for the purpose of the invitation to God Almighty, and we do not exaggerate if we say that it is one of the urgent legal duties in the present age for rulers to rise upMatters in Islamic countries by organizing these movements from the abode of Islam to the abode of war to call to Islam by those who are able and qualified to do it, and if there is no ability to do so, then Muslims must form the groups that do this to move to non-Islamic countries according to the funding of the residents there. One of the rulers of the affairs of Muslims in Islamic countries is to take this matter up and send the preachers to God and prepare what they need to call to God and make this matter one of their original tasks. If they fall short in this matter, the Muslims must establish this duty by forming associations and groups and financing the Islamic mission with the money necessary to carry out a mission Calling to God and enabling them to stay in those lands and prepare what they need in the permanent residency, and it is noticed here that what we said, even if it was directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach those who embraced Islam with the meanings and rulings of Islam and this is what the Prophet used to doThe Islamic organization organizes these movements from the abode of Islam to the house of war to call to Islam by those who are able and qualified to do it, and if there is no ability to do so, then Muslims must form the groups that carry out this matter to move to non-Islamic countries according to the funding of the residents there, and it is hoped that the rulers of matters Muslims in Islamic countries should take this matter up and send the preachers to God and prepare what they need to call to God and make this matter one of their original tasks. If they fall short in this matter, Muslims must establish this duty by forming associations and groups and financing the Islamic mission with the money necessary to carry out the mission of calling to God. And enabling them to stay in those lands and prepare what they need in the permanent residency, and it is noticed here that what we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach the one who embraces Islam on the meanings and rulings of Islam and this is what the Prophet used to doThe Islamic organization organizes these movements from the abode of Islam to the house of war to call to Islam by those who are able and qualified to do it, and if there is no ability to do so, then Muslims must form the groups that carry out this matter to move to non-Islamic countries according to the funding of the residents there, and it is hoped that the rulers of matters Muslims in Islamic countries should take this matter up and send the preachers to God and prepare what they need to call to God and make this matter one of their original tasks. If they fall short in this matter, Muslims must establish this duty by forming associations and groups and financing the Islamic mission with the money necessary to carry out the mission of calling to God. And enabling them to stay in those lands and prepare what they need in the permanent residency, and it is noticed here that what we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach the one who embraces Islam on the meanings and rulings of Islam and this is what the Prophet used to doIslam has come to the abode of war for the call to Islam by those who are able and qualified to do it, and if there is no ability to do so, then Muslims must form the groups that carry out this matter to move to non-Islamic countries according to the financing of its residents, and it is hoped that the rulers of the affairs of Muslims in Islamic countries will They rise to this matter and send the preachers to God and prepare what they need to call to God and make this matter one of their original tasks. If they fall short in this matter, the Muslims must fulfill this duty by forming associations and groups and financing the Islamic mission with the money necessary to fulfill the mission of calling to God and enabling them to remain in that Home and preparing what they need in permanent residency, and it is noticed here that what we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach those who embrace Islam with the meanings and rulings of Islam, and this is what the Prophet used to doIslam has come to the abode of war for the call to Islam by those who are able and qualified to do it, and if there is no ability to do so, then Muslims must form the groups that carry out this matter to move to non-Islamic countries according to the financing of its residents, and it is hoped that the rulers of the affairs of Muslims in Islamic countries will They rise to this matter and send the preachers to God and prepare what they need to call to God and make this matter one of their original tasks. If they fall short in this matter, the Muslims must fulfill this duty by forming associations and groups and financing the Islamic mission with the money necessary to fulfill the mission of calling to God and enabling them to remain in that Home and preparing what they need in permanent residency, and it is noticed here that what we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach those who embrace Islam with the meanings and rulings of Islam, and this is what the Prophet used to doThose who are qualified to do it, and if there is no ability to do that, then Muslims should be the groups that carry out this matter to move to non-Islamic countries according to the financing of those residing in it, and it is hoped that the rulers of Muslim affairs in Islamic countries will advance this matter and send the preachers to God and prepare what they need for the call. To God and make this matter one of their original tasks. If they fail in this matter, Muslims must establish this duty by forming associations and groups and financing the Islamic mission with the money necessary to carry out the mission of calling to God and enabling them to stay in those lands and prepare what they need in their permanent residency, and it is noted here that What we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach those who embrace Islam on the meanings and rulings of Islam, and this is what the Prophet used to doThose who are qualified to do it, and if there is no ability to do that, then Muslims should be the groups that carry out this matter to move to non-Islamic countries according to the financing of those residing in it, and it is hoped that the rulers of Muslim affairs in Islamic countries will advance this matter and send the preachers to God and prepare what they need for the call. To God and make this matter one of their original tasks. If they fail in this matter, Muslims must establish this duty by forming associations and groups and financing the Islamic mission with the money necessary to carry out the mission of calling to God and enabling them to stay in those lands and prepare what they need in their permanent residency, and it is noted here that What we have said, even if it is directed to non-Islamic countries, it includes moving to non-Islamic countries to educate and teach those who embrace Islam on the meanings and rulings of Islam, and this is what the Prophet used to doIt is hoped that the rulers of the affairs of the Muslims in the Islamic countries will advance this matter and send the preachers to God and prepare what they need to call to God and make this matter among their original tasks. If they fall short in this matter, the Muslims must establish this duty by forming associations and groups And financing the Islamic missions with the money necessary to carry out the mission of calling to God and enabling them to remain in those lands and prepare what they need in permanent residency. What the Prophet was doingIt is hoped that the rulers of the affairs of the Muslims in the Islamic countries will advance this matter and send the preachers to God and prepare what they need to call to God and make this matter among their original tasks. If they fall short in this matter, the Muslims must establish this duty by forming associations and groups And financing the Islamic missions with the money necessary to carry out the mission of calling to God and enabling them to remain in those lands and prepare what they need in permanent residency. What the Prophet was doingThe duty is to form associations and groups and finance the Islamic mission with the money necessary to carry out the mission of calling to God and enable them to remain in those lands and prepare what they need in permanent residency. The meanings and provisions of Islam, and this is what the Prophet was doingThe duty is to form associations and groups and finance the Islamic mission with the money necessary to carry out the mission of calling to God and enable them to remain in those lands and prepare what they need in permanent residency. The meanings and provisions of Islam, and this is what the Prophet was doing  ﷺ   Musab bin Amir was sent to the city to the definition of the safest of them the meanings of Islam, and to invite those who have not handed over to Islam, as well as this passport includes a shift to the Islamic country where ignorance and meanings violation Fsha of Islam in order to enlighten the Islamic facts and keep them away from these legal irregularities .

9) The  third justification: seeking useful knowledge and its duration, completing the collection period

Seeking knowledge is one of the requirements of the Sharia whose legitimacy ranges from the premise to the permissibility according to the required knowledge and the specific person. What is required of a Muslim is what he needs to perform what he is obligated according to Sharia, and this varies with different individuals. An adult has to know what is permissible from forbidden in commercial dealings, and this varies according to a person and his life stages .

The other type is worldly sciences, which are types of them: the obligation, the desirable and the permissible, and every science that benefits the Muslims and fulfills a legitimate requirement is at the forefront of the sciences, and such learning of the sciences that are the means of power, the Almighty said in Surat Al-Anfal And prepare for them what you can from the necessary strength and achieve it, so we learn what Power is by acquiring its means from the various tools and machines needed in wars and fighting, and after this rank is graduated to another in order to preserve their health and well-being by which they are able to perform what God has assumed them with this intention, and so every science that serves the interest of Muslims in their group or individuals or the learner himself enters into a circle The legal purpose is obligatory or desirable, and what is not useful is a waste of time and life, such as the science of philosophy and other names like magic, and what helps with immorality, and as for what is permissible, such as expanding knowledge of what is expanded upon a person in his living and living tools, the wise person does not bind himself except By learning what is most important and most important .

10) After this introduction, it is permissible for a Muslim to move to a house of war, so he stays there for a sufficient period of time to learn the sciences that benefit Muslims and facilitate the means of strength and wellness for them and invest in the wealth of their country and so on, which strengthens Muslims in all areas of life in matters of war, industry, agriculture and so on, and with these beneficial sciences they achieve height Empowerment, and for them the means of power in this worldly life, in addition to the fact that the right they bear must have the power to preserve and defend it and protect it from evils and enable its people on earth, and the rulers of matters must look at these matters and send students to learn these matters in non-Muslim countries so that they stay for the necessary time To study them, and to add to the hypothesis or desirability of that and transfer it to the homes of non-Muslims who own these sciences is that God Almighty has enjoined useful knowledge and did not restrict it to a specific place, but rather restricted it as being a useful, legitimate, permissible, and desirable science. He receives it from a Muslim, but he receives itOf his family, even if they are in non-Muslim countries .

It is noted here that seeking useful knowledge if it can be acquired in the abode of Islam, then there is no justification for moving to the house of war to learn knowledge unless there is in this house more knowledge than what is in the abode of Islam. The strong man in his religion and his faithfulness, and if he was envoyed by the state, it should note this observation and appoint the observers to follow these people because preserving the Muslim’s belief is more important than sending if this request is to expose his faith to its demise .

11) The  fourth justification: political asylum

This terminology means that a person does not find an impregnable and safe shelter for him in his country, and he may find it in a country other than his own, so he seeks the approval of this non-Islamic country to accept him and accept his residency there. His transfer (by political asylum ).

12)  If we move to the situation of a Muslim who does not find an Islamic country that accepts his asylum, is  it permissible for him to resort to a non-Islamic country that  accepts this asylum to him and establishes security for him or is it not permissible ?

13) And the  answer to this question : It is permissible for him to seek and seek political asylum in a non-Muslim country if it is not possible for him to reside in his homeland, and he is unable to accept his residency in another Islamic country, and the evidence for that is the correct and proven Sunnah of the Prophet, because Muslims in Makkah were stripped, tortured and harmed a lot, and the Messenger sees them not. He is able to ward off harm on their behalf, so he said to them: (If you went out to the land of Abyssinia, then there is a possession in it that no one wronged with him, and it is a land of sincerity until God makes for you a way out of what you are in.) The Prophet ﷺenlisted and desired and not just permission to ward off harm from them, and the land of Abyssinia was not a house Islam and mentioned the reason that they find security and justice lost in Makkah and make permission and permission until God releases them and eliminates persecution by empowering them, and this has happened, as well as lowering the banner of polytheism. It happened and in the month of Rajab in the year (5 AH) a group of Muslims went out to Abyssinia and their number was small with a group of women This is evident in the permissibility of this asylum or moving to a house of war because of persecution .

14) And the  duration of this asylum is the duration of the reason for the asylum, and if it ceased to exist or prevailed, he returned to his Muslim country, and when the immigrants heard that the Quraysh had reduced the persecution, some of them returned and it became clear that what they heard was not true. Al-Mughira and Abu Salamah, the son of the sister of Abi Talib, entered the neighborhood of his uncle Abi Talib, and some of them returned, and then they went out in the second migration to seek safety and security . Ruqayah, the daughter of the Messenger of God And in the second migration, their number was eighty-three men .

15)  Fifth justification: treatment and treatment of diseases

Medication under the ruling of Sharia is included in the ruling of permissible, although some Shafi’i jurists say that it is desirable, and whoever says that it is disliked or contradicts trust, then his saying is weak and the evidence supports it. healing Nas(, and as healing as a signal that can be positive for this to achieve a sense of healing and the healing of the disease as in the hadith ( for each disease medicine) in another interview (Tdawo a  Servants of God, for God did not come down with a disease except and made with it a medicine for his knowledge from his knowledge and ignorance of his ignorance) and excludes the pyramid, so the degree of permissibility of medicine is permissible, and if a Muslim leaves it until he dies because of his illness, it is not sinful, and he does not go down to his house. He is sinning and is given the status of the killer himself, and the reason for that is that abstaining from food is abstaining from what leads to perdition with certainty according to the law of God in perishing or death, unlike abstaining from medicine, because it has not reached the degree of certainty in the payment of destruction when not using it ,

16)  After this introduction, it is permissible for a Muslim man or woman to take medicine in the abode of Islam, but it is permissible to reveal from his private parts what he requires, necessitates, and needs treatment, whether it is for a man or for a woman. The jurists are that it is permissible for a non-Muslim to treat a Muslim patient, and some of them have argued that a non-Muslim doctor if he is more knowledgeable, knowledgeable, careful and experienced than a Muslim doctor, so there is nothing wrong with a Muslim patient preferring him to a Muslim doctor whose knowledge did not reach the level of a non-Muslim doctor and did not restrict him to being in a home Islam, and therefore if a Muslim patient or Muslim believes that treatment or medication in a non-Muslim country is more likely to obtain cure for him than what is available in the abode of Islam, then there is nothing wrong with going to this non-Muslim country and residing there as much as the treatment requires .

The question here: Can the treatment reach the point of necessity ?

It seems to us that he does not reach him, but he may reach him and he will be a delegate whenever this type of treatment or medicine or process is predominant in healing and rare in which perdition, and that most often in leaving treatment is the death of the patient in these cases, it can be said that taking the treatment or medicine is a delegate severely We can lead it to the degree of obligation that whoever left it was sinning .

17)  Sixth justification: Knowing the conditions of infidel countries

If a Muslim wants to travel to a non-Islamic country other than for the reasons mentioned above, but rather for the sake of being informed and desiring to know the conditions of those countries or what is called by some as tourism, we do not see an objection that prevents it from doing so as long as there is not a desire to reside in that country with her and the possibility of being influenced by what is not It is permissible according to Sharia. From forbidden mixing with women and so on, so that the people of those countries who are not Muslims know that this is the behavior of a Muslim and his etiquette, which leads them to be influenced or admired by him or to study Islam and so on .

18)   Summary and clarification

In summary , what we have said is intended to make these justifications to enter the house of war and the prevention of this entry if they are free of these justifications but we mean this ban from the residence in the house of war . First ,  we mean a second   ban on access if there is fear for the Muslim vulnerable to any evil forbidden them religiously because Preventing evil is more important than bringing interests, even if it is the interest of pleasure or tourism .

19)  Question: Muslim participation in some institutions in the non-Muslim country

The presence of a Muslim may be a reason for his enjoyment of the right to participate in the parliamentary elections because he has naturalized the nationality of that country or for any other reason, as if a Muslim was born there who was born there and acquired the nationality of that country by virtue of birth in it, and he was residing in that country and had the right to participate in the parliamentary elections  . He may participate in these elections or not ?

The answer   to that is based on what we see: It is permissible for him to do so whenever this participation is in the interest of Muslims in that country or Muslims outside this country, and our evidence for that is the following :

That one of the principles of the Sharia is to take care of interests as long as it does not violate the Sharia because Islamic law came only to achieve interests and ward off evil, reduce evil and increase interests, as Sheikh al-Islam Ibn Taymiyyah - may God have mercy on him - said to this was warned by many scholars such as his student Ibn al-Qayyim and al-Shatibi, the author of approvals and al-Izz ibn Abd Peace and others, and with the existence of this principle and the purpose of establishing the Sharia, there is another basis we need to answer what we asked about, and this principle is :

( It is permissible to take a partial benefit for the Muslims or the Muslim from the system of an infidel, and this taking is not considered following the infidel system or accepting it )

20) And  our evidence for this very important asset is the following :