Clarification About the Obligation of Hijrah Which is Placed Upon the Slaves of Allah

8/3/2019 Clarification About the Obligation of Hijrah Which is Placed Upon the Slaves of Allah

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A Traditional Approach to the Study of Islam

Clarification About the Obligation of Hijrah Which is Placed Upon the Slaves

of Allah

At this time in history, a large number of people are accepting Islam in non-Muslim countries. As

a result, the question of whether or not it is still compulsory for Muslims to emigrate from daru-

l-kufr (the land of disbelief) also referred to as daru-l-harb to daru-l-Islam (the land of Islam)

becomes a very important matter. The legal status according to Islamic law of Muslims who

continue to reside in non-Muslim lands has been debated for centuries. The sound Sunni

scholars have always used the Kitaab (Quran), the Sunnah (The precedents established ProphetMuhammad) and Ijmaa (the consensus of the most outstanding and trustworthy scholars). Themost pressing questions being asked about the matter are the following:

1) Is this a land of disbelief or a land of peace? That is to say, what is the definition of daru-l-

Islam and daru-l-kufr.

2) Is it still compulsory for those who Muslim continue to reside in the countries in rule by non-

Muslims to make hijrah to a land of Islam or not?

3) In the case that hijrah is compulsory for the Muslim, and he does not do it, and he prefers to

stay and help the forces who are against Islam and Muslims with his person or his wealth, is he

committing a sin when he does this?

We hope that the following discussion will shed more light on this matter and will clarify the

position of the traditional Sunni scholars in regards to it.

The following discussion about hijrah is an abridged version of a broader discussion which hasbeen taken from Shaykh Uthmaan Dan Fodiosbook entitled:

Clarification About the Obligation of Hijrah which is Placed Upon the Slaves of Allah and

Clarification About the Obligation to Appoint an Imm and to Initiate the Jihd

The Chapter: On the Obligation of Hijrah from the Land of the Unbelievers

I say, success is from Allah. Emigration from the land of the kuffaar is an obligation according tothe Kitaab, the Sunnah and and Ijmaa.
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As for the Kitaab[the Quran], there the Word of Allah, Surely those whom the angels cause todie while they are wronging themselves, the angels will say, In what circumstance were you?

They will say. We were weak in the earth. The angels will say. Was not Allahs Earthspacious, so that you might have emigrated in it? As for such, their abode will be hell. Thecommentators of the Quran have said, And in this verse is a proof of the obligation ofemigrating from the land of the kuffaar. al-Jalaalu-d- Din Abdur Rahmn As-Suyuut1 said in[his tafsr] at-Takmilah2, explaining the meaning of the Words of Allah wronging themselves,[to mean], by remaining among the unbelievers and neglecting the command to make hijrah.

As for the Sunnah, There is the saying of the Prophet , Allah has nothing to do withthe Muslim who lives among the people who commit shirk. And his saying, The fires of the of abeliever and an unbeliever should not be in sight of one another. These two hadiths were sitedby our master Mukhtr bin Amad al-Kunt3 in [his book] an-Nasatu-l-Kfyyah4. There isalso his saying , He who mixes with the people who commit shirk(associate partners with Allah) is the same as they are. this has been related by Abu Dawudfrom Samrah.

As for Ijmaa , al-Wanshars5 has said in [in his book] al-Mi yaar6, Ijmaa upholds theobligation of hijrah (emigration). Consideration of blood relations and marriage should not bean excuse for anyone failing to emigrate, how much less wealth and dwellings. Allah has said,

Say: If your fathers and your sons and your brothers and your wives and your kinsfolk andwealth which you have acquired, and the loss of trade which you fear and dwellings which you

like, are dearer to you than Allah and His Messenger and striving in His way 9:24 - so that

you fail to emigrate because of it as as what is found in at-Takmilah, the the tafsr of as-Suyuut: then wait till Allah brings about His commandAccording to the tafsr7ofal-Khaazin8the reason for the revelation of this verse was the sayingof those who accepted Islam, but who didnt emigrate, If we had emigrated, our possessionswould have been lost, our commerce wasted, and our dwellings ruin, and we would have cut off

relations with our kinsfolk. He [al-Khaazin] then said, In this verse is proof that whenever
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there is a conflict between matters of the Dn and worldly matters, a Muslim must givepreference to the matters of Dn over the worldly matters.

I [Shaykh Uthmaan] would add that it is likewise necessary to give preference to itspreservation over the rest of the five universal rules which are preservation of the soul. theintellect and lineage and wealth, while some also added honor. Abdus-s-Salaam Al-Laqqaan9said in [his book] al-Ithfu-l-Murd10which is the shar forJawhaaratu-t-Tawhd, in regards tothe words of the poet:

And the preservation of religion, soul, wealth and lineage,

Likewise, of intellect and body is obligatory.

The most important of the five is [preservation of] the Dn, because the preservation of theothers is a means of preserving it [the Dn]. Then comes the preservation of the soul, then of theminds, then of lineage, then of possessions. As important as the latter is the preservation of

honor, so long as injury to it does not lead to breaking bonds with kinfolk, otherwise it comes on

a level with the preservation of lineage. Then he [al-Laqqaan] said, In all systems of divinelaw, it is essential to preserve all of them, because of their noble statusShaykh Uthmaan continues saying:

What we have discussed since the beginning of this chapter with regard to the fact that

emigration from the lands of the unbelievers is obligatory on all Muslims cannot be disputed, andnobody is excused for neglecting it except the weak. Allah has said, Except for the weak fromamong men, women and children who cant devise a plan. They are unable to make hijrah; theydont have no means of support; they dont have a way to get to the land where they mightemigrate, as was is mentioned in at-Takmilah of Abdur Raman as-Suyuut. In hiscommentary, explaining the meaning of His [Allahs] word, who cant devise a plan, al-Khaazinsaid, It means they are unable to devise a plan, they dont have the means of support,
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nor are they able to emigrate from Makkah. Concerning such people Allah has said, As forthose, it may be that Allah will pardon them.

Those who commentate on the Quran have said that the expression indicating hope and the oneindicating pardon were mentioned to warn people that failure to emigrate is a grave matter that

even a man in difficult circumstances should not feel at ease, and should continuously look for away to obey the divine precept and set his heart upon it

Shaykh Uthmaan takes the discussion about hijrah further in the next chapter which followed the

above-mentioned entitled:

What is Meant by the Prophets Saying: No Emigration After the Conquest of Makkah He begins by saying:

I say success is from Allah. It has been mentioned in as-ah al-Bukhr from ofIbn Abbssaid on the day of the conquest of Makkah, No emigration after

the conquest. It is also related in as-ah al-Bukhr on the authority ofMujaashi binMas dthat Mujaashi brought his brother Mujaalidbin Mas d

and said, This is Mujaalid who has come to pledge allegiance to you as well as to emigrate.

The Prophet said,No hijrah after the conquest of Makkah. It is also related in al-Bukhrah that Amar bin DinrandIbn Jurayj said that they heard Asay, I went with Ubayd bin Umayr to ishah when she was in the vicinity of Thabir and she said to us, Emigrationhas ceased since Allah opened up Makkah to His Prophet.

As for the interpretation of the Prophets saying , No emigration after theconquest, the scholars have said that it means there is no emigration from Makkah afterconquest and after it became dar al-Islam.

Regarding Allahs word, Surely those whom the angels cause to die while they are wrongingthemselves, al-Khaazinsaid in his commentary, It means, by practicing shirk (associatingpartners with Allah) and by remaining in the land of the mushrikn. The reason for this was that


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Allah would not accept the declaration of Islam from anyone after the hijrah of the Prophet hakkaM fo tseuqnoc eht retfa detagorba saw siht nehT .mih ot detargime eh litnu

by the saying of the Prophet , No emigration after the conquest, asmentioned in the two ahs.

Its also found in the commentary ofal-Khaazin, in Sratu-l-Anflin the words of the Most High:And those who afterwards believed and emigrated and strove hard along with you, scholarshave interpreted the meaning of the word afterwards in different ways. Some say it meant afterthe treaty ofudabiyyah which was the second hijrah; some took it to mean after, the revelationof this verse. Others said it meant after battle of Badr.

He (al-Khaazin) then said, The most correct interpretation in terms of what is meant by it [], is that [it is referring to] people of the second hijrah, since it occurred after first hijrah.

This is because the first hijrah ceased after the conquest of Makkah since it became Dr al-l- Islam after the conquest. This has been proven by the Prophets saying, No emigration afterthe conquest.

Al-asansaid, Emigration has not ceased. Then he [al-Khaazin] said, Toanswer this, what ismeant specifically by [the word] hijrah, is the hijrah from Makkah to Madinah.

As for the believer who is in a place where he is afraid to display his religion because of

unbelievers, he has to emigrate to a place where he practice it [his religion] freely.

Al-Qastallaan11 said in al-Irshaad12, As long as a land of unbelief exists in the world,

emigration from it is obligatory, for the law applies wherever the relevant circumstances exist.

That is further proven by , Emigration will not stopuntil repentance ceases and repentance will not cease until the sun rises in the West. This hasbeen related byAbu Dwdon the authority ofMu wiyyah. And according to Ibn Abdu-s-
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Salaam: Emigration will be obligatory at the end of time just as it was obligatory at thebeginning of Islam.

If you said, Is the Islam of the person who became a Muslim in the land of unbelief valid whilehe did not emigrate? I would say that the answer is as given by an-Nafraaw13[in his book] al-Fawaakihu-d-Dawaan14a shar for theRisaalah15ofIbn Ab Zayd: The author [Ibn Ab Zaydal-Qayrawaan16in his bookar-Risaalah] did not make clear the law concerning people who livein the abode of war or whether they should emigrate to the land of Islam. However, it has been

made clear by another scholar who said, If unbelievers become Muslims, they have to emigrateif they are in a place where they come under the jurisdiction of the unbelievers, for if they do not

emigrate, they will be disobedient to Allah and his Messenger although their Islam will still be

valid.

Similarly no one disputes that whoever remains, by choice, in dar al-harb is disobedient to Allah

and His Messenger, or that such a mans testimony is invalid. It has been said in al-Mi yaar ,

The testimony of ad-dajin17

is not validnor is that of their judges, because they are content toremain under the sovereignty of the Christians. In al-Mi yaar , Al-Maazar18 was askedwhether decisions arrived at in Sicily by its qd or upright witnesses ( ul) could be acceptedor not, assuming we do not know whether their stay there by choice or out of necessity. He

replied, There is no doubt that the testimony of man remaining in dar al-harb out of necessity.Likewise, if his reasons for staying there was sound, for example, if he hoped to guide the people

in dar al-harb. However, if he chose to stay there, while living under the rule of jaahiliyyah (rule

of those who have no knowledge of Islam) withoutany sound reason, then there is no doubt that

his uprightness comes under question, while he whose uprightness is clear but whose reason for

staying there is not clear, then the rule is to give him the benefit of the doubt, unless

circumstantial evidence points to to the fact that his stay there was of his own choosing.

If an unbeliever appoints a man to the position of qd, that appointment is invalid, nevertheless,the qds decrees are binding because it is essential to protect people from one another.
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I (Shaykh Uthmaan) have said all of this about those who have fought the unbelievers until

they overcame them, and were in a position to render Islam a victory; the place then becomes daral-Islam. In this respect, al-Qastallaanin his bookal-Irshaadquotes al-Maaward19as saying, If Islam can be granted victory in a land of unbelief, then it is better to remain there than toleave, since it is expected that others will accept Islam.For the Shf position on Hijrah click the following link:The Abodes of the Earth

For the Hanbal position on Hijrah click the following link: Mardin Fatwa: Madness AndMuffling Falsehood 1

For a further and more extensive study, read the following scholarly text by Sh. Muhammad

Shareef:Zaman n-Naasara

Footnotes:
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1 He is Jalaalu-d-Dn Adur Rahmn bin Abi Bakr as-Suyuut a Shf scholar also known as Ibn al-

Kutub (the son of books) had a great influence on many West African scholars. He was an

Egyptian writer, religious scholar, juristic expert and teacher whose works deal with a wide variety

of subjects in Islamic theology.

2At-Takmilah is a tafsr of as-Suyuuts

3 He is al-Mukhtaar bin Ahmad al-Waafi al-Kunt, a Mlik scholar from the Kunta tribe found in

West Africa, and he is also a shaykh of the Qdir tarqah. He was born in Arawan to the North of

Timbuktu.

4Written by al-Mukhtaar al-Kunt

5He is Amad bin Yaya al-Wanshars, Mlik mufti of Fez (1430-1508) scholar born in Tlemcen

(present-day Algeria). Principally known for his compilation of North African and Andalusian legal

opinions (fatwas).

6 Its full title name isAl-Mi yaar al-Mugrib an Fatwi Ulamaa Ifriqiyyah wa-l-Andalus wa-l-Maghrib. Referred to as a mountain walking on the Earth,Al-Mi yaar is a compilation of North

African and Andalusian legal opinions (fatwas) which is a source of information on the social,

cultural, economic, and juridical practices of medieval al-Andalus and the Maghreb.

7The tafsr of al-Khaazin is known as Lubab at-Ta wl fi Ma n at -Tanzil.

8His name is Al ad-Dn Ali bin Muammad bin Ibrahm al-Baghdd as-Suf (d 725/1340).

9He is Abdus-s-Salaam Al-Laqqaana Mlik jurist and scholar of Egypt.

10Al-Laqqaans

shar forJawhaaratu-t-Tawhd

11He is Imm Shihaabu-d-Dn Abu-l- Abbaas Amad ibn Muammad ibn Abu Bakr, al-Qastallaan

al-Qutayb ash-Shafi (d. 923H)

12 Irshaadu-s-Saari li Shar Sa al-Bukhr by al-Qastallan. It is one of the most well known

commentary on Sa al-Bukhr.

13He is Ahmad bin Ghunaym an-Nafrw, a Mlik scholar of Egypt (d. 1713).

14al-Fawaakihu-d-Dawaan a shar for the Risaalah

15Ar-Risaalah is an instructional book devoted to the education of young children which is asummary of the main aspects of aqdah (Faith), fiqh (Jurisprudence) and akhlaaq (character). It is

divided into 45 chapters. ibn Ab Zayd wrote this book at the age of seventeen.

16 He is Ab Muhammad Abdullah ibn Ab Zayd al-Qayrawaani who was a Malk scholar and

teacher from Qayrawaan in Tunisia (922996).
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17 The verb dajana means to become domesticated, tame; to remain; to stay; to get used to; to

become habituated; to be accustomed to. Therefore ad-djin is one who remains or stays behind

because he has become accustomed to his current habitat (preferred surroundings) and because of

this, hes afraid of emigrating or refuses to do so.

18He is Muammad bin Al al-Maazar of Sicilian origin who settled in Madiyyah, Tunisia (1058-1141)

19 He is Abu al-Hasan Ali Ibn Muhammad Ibn Habib al-Mawardi a Shf faqih of Persian origin;

qdi of Ustawa near Nspr. Al-Mawardis works on Islamic governance are recognized as classics

in the field. He is well remembered for his treatise Al-Akaam as-Sulaniyyah w-a-d-Dniyyah on

The Ordinances of Government which provides a detailed a definition of the functions of the

khalifate.
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The Abodes of the Earth

What is the Middle Way?

Introduction

This article has been compiled in order to clarify the current confusion that exists regarding the

terms Dar Al-Islam, Dar Al-arb, Dar Al-Kufr and Hijra. If Allah so wills, it will be made clear

that no single term can be applied in blanket fashion to the entire world. Rather, those same

classifications that the great scholars of Islam have used throughout history still apply today, and

with Allah alone is every success.

Dar Al-Islam and Hijra

InAl-Arba n An-Nawawiyyah, Imam an-Nawaw, the mu tamad source for the Shfi

school, quotes the great Mlik scholar, Q Ab Bakr Ibn Al- Arab[1], who said:

The ulam , may Allah be pleased with them, have divided travel in the earth into flight and

search, and the former sub-divides into six sub-divisions:

First, going out from the abode ofwar to the abode of Islam, and this remains until the Day of

Resurrection. That which ceased with the Conquest [of Makkah] according to his words, may

Allahs prayers and peace be upon him, There is no emigration after the Conquest [of

Makka][2], was the emigration to the Messenger of Allah, may Allah bless him and grant him

peace, where he was.

Second, leaving the people of innovation. Ibn Al-Qsim said, I heard Mlik say, It is not

permitted for anyone to remain in a land in which the Salaf[3]are being cursed.

Third, leaving a land where the arm is predominant, since it is an obligation upon every

Muslim to seek the all.

Fourth, fleeing from harm to ones body. It is one of the bounties of Allah that He makes an

allowance for that. If one fears for oneself in a place then Allah permits one to leave it, and

fleeing with oneself will save one from that peril. The first person to do this was Ibrhm, peace

be upon him, when he feared his people and said, I am leaving this place to follow the
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pleasure of my Lord. [Al- Ankabt 29:26]Allah the Exalted has also told us about Ms,

peace be upon him, saying: So he left there fearful and on his guard. [Al-Qaa 28:21]

Fifth, leaving unhealthy cities from fear of illness to go to a healthy land. He, may Allahs

prayers and peace be upon him, permitted the Araniyy n[4], who found Madna bad for their

health, to leave and go to pasture-land.

Sixth, leaving from fear of financial harm, since the sanctity of a Muslims wealth is the same as

the sanctity of his blood.[5]

What is Dar Al-Islam?

The contemporary Shfi scholar,Sheikh Muammad Sa d Raman Al-Bt[6], states:

According to what the Imams of the Four Madhabs have agreed upon, it is the country or land in

which the power of the Muslims and their leadership has entered, such that they are able to

manifest their Islam and keep away from their enemies, whether this is accomplished by

conquest and fighting or peace and conciliation, or something of that nature.

In terms of defining Dar Al-Islam, the expressions of thefuqah have differed, but these

differences are only in wording. All of these definitions agree that [Dar al-Islam] is when the

Muslims are able to have their own rule over that land, such that each one of them is able to

make the rulings of Islam and its outward rites superior therein.[7]

This Islamic rule over some land is what makes it Dar al-Islam, and this is regardless of whetherthe population are Muslims or not, such as a country that the Muslims have conquered and its

people are settled therein by paying thejizya[8]or something of that nature.[9][10]

After discussing the rulings of Dar Al-Islam, Sheikh al-B goes on to say:

Through knowing these rulings one will notice that the implementation of the rulings of the

Islamic Revealed Law is not a condition for considering the abode Dar Al-Islam. Rather, it is

from the rights of Dar Al-Islam and it is the responsibility of the Muslims. If the Muslims fall

short in carrying out the various rulings of Islam in the Islamic abode that Allah has caused them

to inherit, then this does not stop that abode from being Dar Al-Islam, but those who are falling

short are sinful and bear the burden for their sin.[11]

What is Dar Al-arb?

In his bookFiqh As-Srah, Sheikh Al-B[12]says:
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The abode of war is, by extension, any place in which it is not possible for a Muslim to

perform his religiously prescribed duties, such as prayer, fasting, meeting for communal worship,

issuing the public call to prayer, and any other outward rites associated with Islam.[13]

Where does Dar Al-Islam come from?

Another contemporary Shfi scholar, Sheikh Wahba Az-Zuayl[14], states:

The Prophetic emigration to Al-Madna Al-Munawwara (Yathrib), and the two treaties of

Aqaba that preceded it, are the foundation for establishing or forming the Islamic state, or Dar

Al-Islam in the terminology of ourfuqah . With it the identity of the Muslims was

distinguished from that of the idol-worshippers and in Al-Madina the first pillars of security and

stability were firmly established and the Prophets political authority was manifested. This

authority is now considered the essential element in forming a state.[15]

What does this mean now?

Sheikh Wahba Az-Zuayl was asked:

Is it permissible in the Revealed Law to acquire the citizenship of a foreign, non-Muslim

country or to reside in that foreign country, or is it impermissible?

His answer:

Our ulam , suchas Ibn Al-Arab inAkm Al-Qur nand An-Nawaw inAl-Arba n An-Nawawiyyah (p.9-10),[16]have affirmed thatHijra, or leaving Dar Al-arb for Dar Al-Islam, is

a ruling that remains in place until the Day of Resurrection. It is not permissible for a Muslim to

reside in Dar Al-Kufr, especially if he fears tribulation for his religion, because in residing

amongst them their multitude is increased, except in the case of, as Al-Mward has stated: If it

comes to be that he, and his family and people, are able to manifest their religion therein, it is not

permissible for them to emigrate because the place in which he is in may become Dar Al- Islam.

This is the short answer.

As for the detailed answer: residing in non-Islamic lands in order to seek knowledge or spread

the Islamic call, or to strengthen the Muslims, or to earn and work, or due to an excuse such as

treatment for an illness, or because of captivity, or being prevented from residing in an Islamic

country, is permissible in the Revealed Law. In this there is an Islamic benefit for the Muslims,
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which is that it is preferred for such a person to stay and remain rather than leave [the Muslims

living there]. In other than these situations, residence is not allowed.[17]

As for citizenship, the foundation is that it is impermissible, because it is allegiance to a flag or

a set of philosophical commitments that have not originated in Islam, and because it leads to

strengthening the enemy, as is what happens with the emigration of professional people.[18]This

is also the case because citizenship results in one being bound to certain requirements that may

contradict the principles of Islam and its rulings, such as taking part in fighting Muslims or non-

Muslims, and adhering to certain legal responsibilities that Islam has not affirmed. It is also

because residing amongst non-Muslims leads to loving their customs or being influenced by their

customs and approving them, especially in the minds of children. This is why the Prophet, may

Allahs prayers and peace be upon, said: I am free of every Muslim who resides amongst the

idol-worshippers. They said: O Messenger of Allah, why? He said: You should not be able to

see each others fireplaces.[19]

[1]Translators note (tn): (468-543 AH/1076-1148 AD). Referred to loosely as the Q of theMliks, he was a famous student of Imam Ab mid al-Ghazl, may Allah have mercy onhim. He was born in todays Spain and is considered one of their greatest scholars. Hiscommentary on the Qur nas well as different hadith collections are held to be amongst themany pearls and jewels of Islam. He is buried in Fes, Morocco.

[2](tn): Al-Bukhr and Muslim. The wording in Muslim is: On the authority of Ibn Abbs,who said, The Messenger of Allah, may Allahs prayers and peace be upon him, said on the Dayof the Fat[conquest] of Makka: There is no moreHijra, but ratherjihdand intention,

and if you are summoned to fight go out and fight. InaMuslim bi SharAn-Nawaw,the Imam states: The ulam have stated thatHijra from Dar Al-arb to Dar Al-Islamremains in place until the Day of Resurrection. As for the interpretation of the adth [quotedabove], there are two opinions regarding it. The first is that there is no Hijra after the Fat[ofMakka] from Makka because it has become Dar Al-Islam, and Hijra can only be made from Dar

Al-arb. This comprises the miracle of The Messenger of Allah, may Allahs prayers and peacebe upon him, that it would remain Dar Al-Islam and emigrating from it is inconceivable. The

second opinion, regarding the meaning of there is no moreHijra, is that the virtue ofemigrating after the Fatof Makka is not like the virtue of having emigrated before it, as Allah

the Exalted has said: Those of you who gave and fought before the Fatare not thesame[Translated from aMuslim bi SharAn-Nawaw(Dar Al-Kutub Al- Ilmiyyah,Beirut, 2003) v.9 p.104-105, in The Book ofajj] The full quotation from the ya is: Those ofyou who gave and fought before theFatare not the same as those who fought and gaveafterwards. They are higher in rank. [Al-add 57:10]InAl-Majm Shar Al-Muhadhdhib(v.19 p.264), which is the ultimate reference work for the Shfi school, Imam an-
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Nawaw states the same thing, i.e. he quotes Imam Ibn Al - Arab again and states thatHijrafrom Dar al-arb to Dar Al-Islam was obligatory in the time of the Prophet, may Allahs prayersand peace be upon him, and that this obligation remains in place after the Prophet, may Allahsprayers and peace be upon him, for whoever fears for themselves. What came to an end after the

Fatof Makka was emigrating to wherever the Prophet was, may Allahs prayers and peace be

upon him.[3](tn): I.e. the first three generations of Islam, based on the adth in Al-Bukhr and Muslim:The first generation is my generation, then those who come next, then those who come

next.[4](tn): i.e. a tribe bearing this name

[5](tn): Based on Al-Hajj Abdassamad Clarkes translation entitled The Complete Forty Hadith(Taha Publishers, London, 1998) p.10-11. Please see pages 9 and 10, i.e. the commentary on the

first adth, of any Arabic edition.[6](tn): For a list of his written works, please clickhereor visit his other website:

www.bouti.net.

[7]See Tufa Al-Mutj 9/269,Al-Mughnby Ibn Qudma 9/247 and 248,the shiya of Ibn

bidn 3/260, andMughn Al-Mutj 4/339. (tn): The first book, Tufa Al-Mutj, is ImamIbn ajar Al-Haytams, anothermu tamad source in the Shfi school, commentary on ImamAn-Nawaws Minhj At-libn, a mu tamad curriculum text in that school. The second book,Al-Mughn, is written by Imam Muwaffaq u-Dn Ibn Qudma, the mu tamad source for theanbal school. The third book is written by Ibn Abidn, themu tamad source for the anafschool.

[8](tn): The minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A:per year). The maximum is whatever both sides agree upon. It is collected with leniency and

politeness, as are all debts, and is not levied on women, children or the insane. (Reliance of TheTraveller(Amana Publications, Beltsville, 1994), section o11.4, p.608.) As of 23/03/2011, 18:53

GMT,one gram of gold is worth 28.47, so the tax would be 120.57, or 10.05 per month. This

is the only tax that non-believers have to pay.[9]Tufa Al-Mutj 9/269[10](tn):This section is translated from the Sheikhs bookAl-Jihd f Al-Islm (Dar Al-Fikr,Damascus, 1992) p.80. Dar Al-Kufr, therefore, is the opposite of Dar Al-Islam.

[11](tn): Ibid, p.81. It is worth noting that on the same page and the one that follows, Sheikh al-

B refutes those Islamists who claim that implementation of the Revealed Law in its entirety isa condition for a land being Dar Al-Islam, which goes against what the ulam of Islam haveagreed upon. These people claim that if the Revealed Law is not being implemented in its

entirety it therefore becomes Dar al-arb, which would mean that Muslims living in most of, ifnot all, the Muslim-majority countries would have to leave, but where to? Oddly enough, many

of them choose to emigrate to Europe or America. As the Sheikh rightly says, these people are

only following their inclinations and desires and they have veiled their intellects fromunderstanding the religion with thick veils of straying, emotional disturbance.

[12](tn): Fiqh As-Srah (The Jurisprudence of the Prophetic Biography) as translated by NancyRoberts and revised by Anas Ar-Rif (Dar Al-Fikr, Damascus, 2008), p.230. Please see p.130of the Arabic edition (Dar Al-Fikr, Damascus, 2003)[13](tn): One can also have a look atReliance of The Traveller, section w43.5, p.946-947

(Amana Publications, Beltsville, 1994)
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[14](tn): Born in Syria in 1932, author of over fifty books, including an eleven-volume

comparative fiqh book, quoted below, and a sixteen-volume tafsrof the Qur n. For furtherinformation, please visit hiswebsite.

[15](tn): Translated fromAl-Fiqh Al-Islm wa Adilatuhu (Dar Al-Fikr, Damascus, 1997) v.8p.6303

[16](tn): This is what has been quoted above.[17]Al-Fatwa Al-adthiyyah by Imam ibn ajar Al-Haytam: p.209[18](tn): i.e. the so-called brain drain.[19](tn): Translated fromFatw Mu ira (Dar Al-Fikr, Damascus, 2003) p.288-289. Theadth is narrated by Ab Dawd in his Sunan.
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