The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

Emigration (hijrah) is leaving from Dar al-Kufr to Dar al-Islam. Allah (swt) said:

And Abu Dawud narrated via the way of Jareer bin Abdullah from the Prophet (saw) who said:

The emigration from Dar al-Kufr to Dar al-Islam remains without termination. As for what Al Bukhari narrated of his (saw) statement

And his (saw) statement:

And his (saw) statement:

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 (saw) said to him:

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 (saw) statement:

His statement “together” came in a way including reasoning so the reason was the prohibition of making into wine. This means that the conquest of Makkah 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 (ra) who was questioned about the emigration and said: “There is no emigration. The believer would flee with his deen to Allah (swt) and His Messenger (saw) 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 (saw) statement to Safwan “it has 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:

Ahmad also narrated that the Prophet (saw) said:

And in another narration:

This indicates 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 situations and recommended in other situations. As for the one not capable, verily Allah (swt) 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 it came at the end of the ayah of emigration.

Whoever is capable of emigration and unable to show his deen and neither is he able to perform the Islamic rules required from him, then emigration is obligatory upon him due to what came in the ayah of emigration. Allah (swt) said:

The information here means the command and it is from the language of request as if He (swt) said: Emigrate therein. The request in this ayah is linked with emphasis 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 it being recommended, this is because the Messenger (saw) would encourage emigration from Makkah before the conquest when it was Dar al-Kufr and there came explicit ayah about that. Allah (swt) said:

And He (swt) said:

And He (swt) said

And He (swt) said:

All this is explicit in requesting emigration. As for it 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

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 Caucasus 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 the Dar al-Kufr wherein he resides 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 himself or his group structure 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 reside disbelievers in the land within which he lives 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 (swt). 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.