The conditions regarding the residency in a disbelief country and the ruling concerning the weakened therein | The official website of Sheikh Muhammad Ali FERKUS
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Saturday 7 Shawwâl 1441 H - May 30, 2020 G

Fatwa No.: 1124

Category: Fatwas about Creed - Alliance and Disavowal

The conditions regarding the residency
 in a disbelief country and the ruling
concerning the weakened therein

Question:

Is residing in the country of disbelief associated with the ability of the Muslim to perform his religion and demonstrate (showing) the rituals of Islam only? Or are there other standards? And when migration is an obligation, is a Muslim of French origin obliged to migrate; taking into consideration the difficulty of traveling between countries and the subsequent administrative complications? Thank you.

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers until the Day of Resurrection:

Traveling to a country of disbelief and residing there is [permissible], if it is temporary and associated with the need, whether it is for Da‘wa (i.e., Calling to Allah عزّ وجلّ) or business or other permissible purposes. Given these points, it is required that the Muslim traveler should be able to secure his religion as well as to profess the Islamic rituals in a perfect way without fear or opposition. Among these rituals, we mention here: the apparent conduct including the look, the clothes and suchlike. It is also required that the Muslim should be able to show loyalty and disavowal by hating polytheism and disbelief and their followers, without feeling any love for them and never consider them as Awliyâ’ (allies). Furthermore, he should neither love them nor imitate them in what is of their characteristics. Besides, he should abstain from taking part in their feasts and ceremonies and even from congratulating them of that. He should also abstain from glorifying them and suchlike. Briefly, showing disagreement with them covertly and overtly.

As for the weakened, whether being an original Muslim or an unbeliever converted to Islam, be it a male or a female, who could not migrate because of health, administrative, political or geographical conditions that made migration difficult, or he/she could not afford migrating because of the weakness; those are excluded by Allah عزّ وجلّ. In other words, they are not subject to Allah’s warning (of punishment) reserved for he who does not secure himself from the temptation or whose residency in the disbelief country made him loyal to the unbelievers.

Allah عزّ وجلّ said:

﴿ وَمَن يَتَوَلَّهُم مِّنكُمۡ فَإِنَّهُۥ مِنۡهُمۡۗ﴾ [المائدة: 51].

The meaning of the verse:

And if one amongst you takes them as Awliyâ’ (allies), then surely he is one of them﴿[Al-Mâ’ida: 51].

Allah عزّ وجلّ also said:

﴿ إِنَّ ٱلَّذِينَ تَوَفَّىٰهُمُ ٱلۡمَلَٰٓئِكَةُ ظَالِمِيٓ أَنفُسِهِمۡ قَالُواْ فِيمَ كُنتُمۡۖ قَالُواْ كُنَّا مُسۡتَضۡعَفِينَ فِي ٱلۡأَرۡضِۚ قَالُوٓاْ أَلَمۡ تَكُنۡ أَرۡضُ ٱللَّهِ وَٰسِعَةٗ فَتُهَاجِرُواْ فِيهَاۚ فَأُوْلَٰٓئِكَ مَأۡوَىٰهُمۡ جَهَنَّمُۖ وَسَآءَتۡ مَصِيرًا ٩٧ إِلَّا ٱلۡمُسۡتَضۡعَفِينَ مِنَ ٱلرِّجَالِ وَٱلنِّسَآءِ وَٱلۡوِلۡدَٰنِ لَا يَسۡتَطِيعُونَ حِيلَةٗ وَلَا يَهۡتَدُونَ سَبِيلٗا ٩٨ فَأُوْلَٰٓئِكَ عَسَى ٱللَّهُ أَن يَعۡفُوَ عَنۡهُمۡۚ وَكَانَ ٱللَّهُ عَفُوًّا غَفُورٗا ٩٩﴾ [النساء].

The meaning of the verse:

Verily as for those whom the angels take (in death) while they are wrongdoing themselves (as they stayed among the unbelievers even though migration was obligatory for them), they (the angels) say to (to them): In what (condition) were you? They reply: We were weak and oppressed on the earth. They (angels) say: Was not the earth of Allah spacious enough for you to migrate therein? Such people will find their abode in Hell-what an evil destination! Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way. Those are whom Allah is likely to forgive them and Allah is Ever Oft-Pardoning, Oft-Forgiving  ﴿[An-Nişâ’: 97-98-99].

 

The perfect knowledge belongs to Allah عزَّ وجلَّ; and our last prayer is all the praises and thanks are to Allah, the Lord of the Worlds, and prayers of Allah are to Muhammad and his Family, Companions and Brothers until the Day of Resurrection.

 

Algiers on: Al-Muharram the 27th, 1432 H

Corresponding to December the 22nd, 2011 G.