Some Statements of the Scholars regarding Hijrah (Part 1)

Some Statements of the Scholars regarding Hijrah (Part 1)

AUTHOR:	Husayn Al-'Awaayishah
SOURCE:	His book Al-Fasl-ul-Mubeen fee Mas'alat-il-Hijrah wa Mufaaraqat-il-Mushrikeen
PRODUCED BY:	Al-Ibaanah.com

Chapter Six: Some Statements of the Scholars regarding Hijrah (Part 1)

Know, may Allaah have mercy on me and you, that there are many statements of the scholars [1] regarding the obligation of Hijrah on the person that:

1. Has the ability to make Hijrah,
2. Fears from fitnah, and
3. Does not have the ability to openly manifest his Religion amongst the disbelievers.

I will only mention those statements that I am able to. And I will also mention what I can from the statements of those (scholars) who viewed that Hijrah was recommended for the individual that:

1. Has the ability to make Hijrah, but
2. Also has the ability to openly manifest his Religion amongst the disbelievers.

The opinion of the majority of the scholars concerning Hijrah:

The great scholar Abu At-Tayyib Sideeq Ibn Hasan Ibn ‘Alee Al-Husaynee Al-Qinnawjee Al-Bukhaaree said in his book Al-‘Ibrah: "Al-Mawza'ee [2] said in Tayseer-ul-Bayaan [3]: ‘The majority of the scholars have stated that performing Hijrah (migrating) from the Lands of Harb to the Lands of Islaam is obligatory. This ruling applies to a person that is not able to openly manifest his Religion. It is not obligatory on a person that is able to do that (manifest his Religion), whether through his relatives or through the leadership, just as it was permitted for 'Abbaas (radyAllaahu ‘anhu) [to remain in Makkah]. However, performing Hijrah is much more preferable. This is how the ruling concerning Hijrah is in our time - it is obligatory on an individual that does not have the ability to manifest his Religion outwardly, and it is recommended for someone that does have the ability to manifest it outwardly. Innovations take the same status as disbelief, with regard to the obligation or recommendation of performing Hijrah. As for the remaining types of sins, then it is recommended that one perform Hijrah from them. In spite of this, Hijrah is not obligatory upon him for that purpose solely, unless the unlawful threatens to overtake him, for indeed seeking the lawful (halaal) is an obligation." [4]

Imaam As-Sana’aanee said in Subul-us-Salaam after mentioning the hadeeth: "I am free from every Muslim that establishes his residence amongst the disbelievers": "The hadeeth is evidence for the obligation of making Hijrah (migration) from all of the lands of the disbelievers, and not just from Makkah. This is the opinion of the majority of the scholars."[5]

Abu Bakr Muhammad Ibn ‘Abdillaah, better known as "Ibn Al-‘Arabee" (d. 543H), said concerning Hijrah [6]: "It is divided into six categories:

The First: Leaving from the Land of War (Daar-ul-Harb) to the Land of Islaam.

The Second: Leaving from the land of innovation. Ibn Al-Qaasim said: ‘I heard Imaam Maalik say:‘It is not permissible for anyone to reside in a land where the Salaf (predecessors) are reviled.’ This is correct, for if one is not able to change an evil, he must withdraw himself away from it. Allaah says: ‘And when you see those who engage in false conversation concerning Our Ayaat, by mocking at them, then stay away from them until they change their speech to another topic. But if the Devil causes you to forget, then after remembering, do not sit in the company of those who are wrong-doers.' [Surat-ul-Ana’aam: 68] I once said to my Shaikh, the ascetic Abu Bakr Al-Fahree: ‘Why don’t you migrate from this land of Egypt to your own country?’ So he responded: ‘I do not like to enter a land in which ignorance is vastly predominant and intelligence is minimal.’ I said: ‘Then go to Makkah and establish residence in the proximity of Allaah and His Messenger, for I have come to learn that leaving this country is obligatory due to the innovation and haraam that exists in it.' He then said: 'There is much guidance and direction for the creatures, that lies in my hands, in this land, as well as teaching Tawheed, restraining others from deviant beliefs and supplicating to Allaah, the Most High.’

The Third: Leaving from the land in which the unlawful is dominant and widespread, for indeed seeking the lawful is obligatory upon every Muslim.

The Fourth: Fleeing from those things that are harmful to one's body. This is a bounty from Allaah in which He has given us an allowance. So if a person fears danger for himself by staying in a place, then Allaah has permitted him to leave from it and to flee for his life’s sake, in order to free himself from that danger. [7]

The Fifth: Leaving for fear of getting sick in a land that has an unhealthy atmosphere and coming out from there to a land in which one can walk freely outside (without getting sick).

The Sixth: Fleeing from a land out of fear of harm being inflicted to one's wealth. Indeed, the sacredness of a Muslim's property is like the sacredness of his blood. And his family is equal in that respect, if not greater." [8]

Ibn Qudaamah Al-Maqdisee (d. 630H) said: "People are divided into three categories with regard to Hijrah:

The First: This includes the one who it is obligatory upon and he is the one that has the ability to do it (i.e. perform Hijrah) while not being able to manifest his Religion in that land. Nor is he able to establish the obligatory requisites of his Religion due to his position of being in the midst of the disbelievers. This type of individual is obligated to make Hijrah due to Allaah statement: 'Verily, as for those whom the angels take (in death) while they are wronging themselves, they (angels) say (to them): In what (condition) were you? They will reply: We were weak and oppressed on the earth. They (angels) will say: Was not the earth of Allaah spacious enough for you to migrate therein? Such men will find their abode in Hell - what an evil destination!' [Surat-un-Nisaa: 97] The severe threat that is mentioned in this ayah is proof for the obligation (of Hijrah). Also, establishing the obligatory aspects of one's Religion is an obligation in itself, for the one who is able to do that. And Hijrah is from the prerequisites of the obligatory and it is that which makes it complete. And whatever is essential for the completion of an obligation becomes obligatory in itself.

The Second: The one who is not obligated to make Hijrah. This is the one who has difficulty in doing it, whether it is due to a sickness, his being forced to keep his residence, or a weakness, as is the case with women, children and their likes. Hijrah is not obligatory upon this type of individual due to Allaah's statement: 'Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way. These are the ones whom Allaah is (most) likely to forgive, and Allaah is Ever Oft-Pardoning, Most Forgiving.' [9] And it is not described as being recommended because the one in this category is not able to do it.

The Third: The one who is recommended to do it, even though it is not obligatory upon him. He is the one who has the ability to make Hijrah, but yet he is also able to outwardly manifest his Religion while establishing his residence in the Land of Kufr. Thus it is recommended for him (to migrate to the believers), so that he may fight in Jihaad alongside them, add to the Muslim population and so that he can assist and support them. It is also so that he can free himself from adding to the population of the disbelievers, interacting with them and seeing the evil that occurs amongst them. Hijrah is not obligatory on him due to his ability to establish the obligatory aspects of his Religion, without having to migrate. This was the case with Al-'Abbaas (radyAllaahu ‘anhu), the paternal uncle of the Prophet (sallAllaahu ‘alayhi wa sallam), who used to reside in Makkah while he was Muslim." [10]

Imaam Majd-ud-Deen Abul-Barakaat (d. 652H) said in his book Al-Muharrir:
"Migrating from the Land of War (Daar-ul-Harb) is recommended for a person that is able to openly display his Religion while residing in a Land of Kufr." [11]

Imaam Muhammad Ibn Ahmad Al-Ansaaree Al-Qurtubee (d. 671H) said after quoting Allaah's saying: "And whosoever migrates in the Way of Allaah, he will find many dwelling places and plenty (of sustenance) to live by": "Maalik said: 'This ayah indicates that it is not (permissible) for anyone to reside in a land in which the Salaf are reviled and abused, without due right.'" [12]

Imaam An-Nawawee (d. 676H) said:
"If it is the case that a Muslim is weak whilst residing in a Land of Kufr and he is not able to outwardly display and exercise his Religion, then it is forbidden for him to take residence there. In fact, he is obligated to migrate to a Land of Islaam. And if he is not able to do so, then he is excused until he attains the ability." [13]

The following occurs in the Majmoo'-ul-Fataawaa of Shaikh-ul-Islaam Ibn Taimiyyah (d. 728H), where he (rahimahullaah) was asked on the land of Maarideen:

“Is this a land at war with the Muslims or at peace with them? And is it obligatory for the Muslim who resides there to perform Hijrah from there to a Muslim land or not? If he is obligated to perform Hijrah, yet doesn’t migrate, and he assists the enemies of the Muslims with his body and his wealth, is he sinning by doing that? Is a person that accuses him of hypocrisy and who reviles him sinning or not?"

So he (rahimahullaah) responded:
"All praise is due to Allaah. The blood and property of a Muslim are forbidden (i.e. for other Muslims to abuse), even if they reside in Maarideen or elsewhere. Likewise supporting those who are outside the fold of the Religion of Islaam is forbidden, regardless if they are inhabitants of Maarideen or elsewhere. As for the one who resides there, if he has difficulty in establishing the application of his Religion, then he is obligated to make Hijrah from there. And if it is not this way, then it is recommended for him and not obligatory." [14]

Al-Haafidh Ibn Hajr (d. 852H) (rahimahullaah) said in Al-Fath commenting on the hadeeth:"There is no (more) Hijrah after the Conquest": "So whoever resides there, [15] from the Muslims, then he falls into either one of the following three categories:

The First: He has the ability to migrate from there. And he cannot openly display his Religion nor can he perform his obligatory duties. So making Hijrah from this land is obligatory on him.

The Second: He is able to make Hijrah, however, he also has the ability to openly demonstrate his Religion and fulfill his religious obligations. In this case, it is recommended for him to make Hijrah, since he will be increasing the number of Muslims in the land he migrates to, he will be assisting them and he will be able to make Jihaad against the disbelievers. Likewise, he will be safe from the betrayal and treachery of the disbelievers and he will free himself from seeing the evil that occurs amongst them.

The Third: He doesn't have the ability to perform Hijrah. Thus he has an excuse for not migrating. Examples of this category are people such as those who are imprisoned or sick or other than that. In this case, his residing in that land is permitted. And if he encourages and forces himself to leave from there, then he will be rewarded." [16]

The great scholar 'Alaa-ud-Deen Abul-Hasan 'Alee Ibn Sulaymaan Al-Mardaawee [17] (d. 885H) said: "Hijrah is obligatory on the one who is not able to openly display his Religion in a Land of War (Daar-ul-Harb), without any disagreement. A Land of War (Daar-ul-Harb) is any land in which the laws of the disbelievers are superior. Some scholars, such as the author of Ar-Ri'aayatain and Al-Hawaayatain, have added to this by stating that it includes any land that has an oppressive ruler governing it or any land of innovation (bid'ah), such as that which contains Raafidah and Mu'tazilah ideologies. I say that this is what is most correct. And this (obligation) is restricted to only the one who has the ability to do it (i.e. perform Hijrah). So if he is able to do it, then Hijrah is obligatory on him." [18]

Then he (rahimahullaah) said commenting on the phrase: "It is (only) recommended for the one who has the ability to do it (i.e. openly manifest and practice his Religion in that land)":

"This is the opinion that a majority of the scholars adhere to and it is that which has been absolutely asserted in the books Al-Hidaayah, Al-Mudhahhab, Masbook-udh-Dhahab, Al-Khulaasah, Al-Mughnee, Ash-Sharh, Al-Muharrir, Al-Wajeez and others. And it has been mentioned in the introduction of Al-Furoo' and other books. However Ibn Al-Jawzee said that it was obligatory on him." [19]

The great scholar Al-Manaawee (d. 1031H) mentioned the words of Al-Haafidh Ibn Hajr, while agreeing with them and he did not mention any statements that opposed or rejected them. [20]

Imaam Mar'ee Ibn Yoosuf Al-Karmee (d. 1033H) said in Daleel-ut-Taalib:
"Hijrah is obligatory upon every individual that is not able to openly display his Religion in a place in which the laws of the disbelievers or misguided innovations are superior. But if he is able to openly practice and exercise his Religion, then it is (just) recommended." [21]

The great scholar Mansoor Ibn Yoonus Ibn Idrees Al-Buhwatee (d. 1051H), the legal jurist of the Hanbalee school of thought in his time, said: "Hijrah is obligatory on a person that is not capable of openly demonstrating and exercising his Religion in an area in which the laws of disbelief are dominant and superior, or in which the laws of misguided innovations are dominant, such as that of the Mu'tazilah. Hijrah, meaning leaving from that land to go to the land of Islaam and the Sunnah, must be performed. This is due to Allaah's statement: 'Verily, as for those whom the angels take (in death) while they are wronging themselves, they (angels) will say: In what (condition) were you? They will reply: We were weak and oppressed in the earth. They (angels) will say: Was not the earth of Allaah spacious enough for you to migrate therein?'

Also the Prophet (sallAllaahu ‘alayhi wa sallam) said, 'I am free from every Muslim that establishes his residence amongst the disbelievers. Their two (camp) fires should not be visible to one another.' Abu Dawood and At-Tirmidhee reported this hadeeth and its understanding is: that one should not remain in an area filled with evil sinning people. Hijrah is recommended for the one who has the ability to openly display and exercise his Religion, while in the regions of a disbelieving land. This (recommendation) is in order that he may extract himself from adding numbers to the ranks of the disbelievers and so that he can be able to make Jihaad against them." [22]

The great scholar Imaam Ash-Shawkaanee (d. 1255H) said:
"If the main point of benefit (in this hadeeth) is the obligation of migrating from the Land of Kufr, then (know that) this obligation is not limited to just the Land of Kufr. Rather, this obligation of Hijrah is an instituted legislation and an established Sunnah. It is to be implemented when evil is openly proclaimed, when there is a lack of ability to stand up to enjoin the good and forbid the evil, and when there is a lack of people that are able to take away what is in the hands of those who consume the things that Allaah has made unlawful.

So it is an obligation upon the believer to save his soul and flee for the sake of his Religion, if he has the ability to do that. And he must look for a land that is void of the open manifestation of disobedience to Allaah, and (a land) that will result in no evil befalling him. If he cannot find such a place, then he is not able to do any better than what he is able to do. He must, however, enjoin the good and forbid the evil with his hand. And if he cannot do so, then with his tongue and if he cannot do that, then with his heart, as the most truthful of people (sallAllaahu ‘alayhi wa sallam) has advised us to do. And if he is able to isolate himself by closing his door and placing a barrier between himself and the evil-doers, then this is from the least of matters that is binding upon him." [23]

He (rahimahullaah) also said:
"If the open manifestation of disobedience found in another land is less than that found in his own land, that land becomes a prospective place for him to perform Hijrah to."

Then he (rahimahullaah) commented on the words of Al-Mahdee (rahimahullaah) "except for a beneficial reason", by saying: "Its meaning is apparent in that if the 'beneficial reason' is so that one can benefit a group of Muslims, so that they may remain victorious, such as by his participating in some events of enjoining good and forbidding evil or by his teaching the people the characteristics of good. If it is such that these things outweigh the benefit of him making Hijrah and fleeing for the sake of His Religion, then indeed (at that point) he is obligated to abandon Hijrah, in compliance with this legitimate beneficial reason." [24]

Some comments on these last words of Ash-Shawkaanee (rahimahullaah):

1. Ash-Shawkaanee, in his commentary and compliance with the statement of Al-Mahdee, does not mention that this view applies to all of the Muslims, since it is obligatory upon everyone that is not able to openly manifest his Religion amidst the disbelievers to migrate. Rather, what he states here, is directed for a specific group of people and a particular party from amongst the Muslims, who possess a strong foundation in the practice of their Religion, their calling (da'wah) towards it and their knowledge of its affairs. This is why the conditions of enjoining good and forbidding evil and teaching the characteristics of good were mentioned.

2. These people will naturally serve to assist those that have difficulty in making Hijrah as well as those who are not obligated to migrate.

3. If this (view) is realized by being put into practice practically, and not theoretically, then indeed there is soundness to this view with regard to leaving off Hijrah. This is contrary to what has been stated by Al-Wanshareeshee (rahimahullaah) in his essay, which I have included separately in this research, as shall soon follow, with the Will of Allaah.

4. This opinion is one of the two opinions of Ash-Shawkaanee (rahimahullaah) for he has stated something contradictory to it in Nail-ul-Awtaar, in his refutation of Al-Maawiridee’s (rahimahullaah) statement:

"If one is able to openly manifest his Religion in one of the Lands of Kufr, then this land becomes a 'Land of Islaam' due to it.[25] Thus, taking residence in that land is better than leaving it for another, due to what can be expected from his causing others to enter into the fold of Islaam."

Ash-Shawkaanee refutes him by saying:
"And it is not hidden what is in this opinion from its conflicting with the ahaadeeth of the previous chapter, which indicate the forbiddance of residing in the 'Land of Kufr'." [26]

A summary of Ash-Shawkaanee's words:

In this fatwa (ruling) there is room for ijtihaad (further investigation) as well as a vast amount of discussion left to this matter. This (fatwa) does not apply to every Muslim, but rather to an exclusive group among them that consist of members that are strong in their Religion, knowledge and calling. And who can serve those that are not obligated to perform Hijrah or those that do not have the ability to do it. However, when any of these individuals is engulfed by or he fears the occurrence of affliction in his Religion, then indeed, he becomes obligated to make Hijrah from the Land of Kufr.

Ash-Shawkaanee (rahimahullaah) also said:
"Chapter: The permanence of performing Hijrah from the Land of War to the Land of Islaam: It has been related in Al-Bahr that migrating from the Land of Kufr is obligatory, according to the consensus of the scholars. This is such that if it is not done, it would be an encouragement to commit disobedience by doing the unlawful or abandoning the obligatory. Or the leader (Imaam) can seek it in order to strengthen his authority." [27]

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Footnotes:

[1] There are many statements of the scholars on this topic that I have not mentioned here due to my having already mentioned them in the previous chapter "Some of the texts related to Hijrah and Separating from the Lands of Shirk and Disbelievers". However, this does not include the opinion of Ibn Al-'Arabee since I only mentioned it there in abridged form.

[2] This is an ascription to Mawza’, a large town in Yemen on the road from ‘Adan. Al-Mawza’ee died on 820H as is stated in Al-A’alaam (6/687). As-Saakhaawee described him in his book Ad-Daw-ul-Laami’ as: "The Imaam, the Usoolee."

[3] This is the book Tayseer-ul-Bayaan Li-Ahkaam-il-Qur’aan of Jamaal-ud-Deen Muhammad Ibn ‘Alee Ibn ‘Abdullaah, better known as Ibn Noor-ud-Deen. He completed it in 808H as is stated in Idaah-ul-Maknoon (1/343). It has been preserved. The first volume of it is located in Basrah and it has 500 pages.

[4] Al-'Ibrah (page 233)

[5] Subul-us-Salaam (4/79)

[6] From the most important types of Hijrah is that which is done for the sake of seeking knowledge. And how many are the sincere and hard working ones who rose to fulfill this duty - and history is filled with this - leaving behind their families and close ones and their homelands and comfort, seeking to get closer to Allaah and rushing to Paradise, the width of which is like the width of the heavens and the earth. They travel through he lands, crossing past deserts and barren lands and enduring hardships and afflictions.

[7] He uses as proof for this, the fleeing of Ibraaheem and Moosaa.

[8] Ahkaam-ul-Qur'aan (1/484)

[9] Surat-un-Nisaa 98-99

[10] Al-Mughnee (10/515)

[11] Al-Muharrir (2/170)

[12] Al-Jaami' Li-Ahkaam-il-Qur'aan (5/348)

[13] Raudat-ut-Taalibeen (10/282)

[14] Majmoo’-ul-Fataawaa (28/240)

[15] Meaning in a land that has not been conquered by the Muslims

[16] Fath-ul-Baaree (6/190)

[17] Abukl-Falaah ‘Abdul-Hayy Ibn Al-‘Imaad Al-Hanbalee said in his biography of him in Shadharaat-udh-Dhahab (7/340) concerning those who died in 885H: “In this year, among those who died was, ‘Alaa-ud-Deen Abul-Hasan ‘Alee Ibn Sulaymaan Ibn Ahmad Ibn Muhammad Al-Mardaawee As-Sa’adee, who later became As-Saalihee, Al-Hanbalee. He was the Shaikh, the Imaam, the great scholar, the Muhaqqiq, the Expert in his field, the marvel of his time, the Shaikh, Imaam and Rectifier of his madh-hab. Rather, he was the Shaikh-ul-Islaam without exception and the source in Islamic sciences by consensus.

[18] Al-Insaaf fee Ma’arifat-ir-Raajihi min Al-Khilaaf ‘Alaa Madh-hab Al-Imaam Ahmad Ibn Hanbal (4/121)

[19] ibid

[20] Faid-ul-Qadeer (6/438)

[21] See Manaar-us-Sabeel fee Sharh Ad-Daleel (1/271)

[22] Sharh Muntahaa Al-Iraadaat (2/94)

[23] As-Sail-ul-Jaraar (4/576) of Imaam Ash-Shawkaanee

[24] As-Sail-ul-Jaraar (4/577)

[25] Here is the differing with regard to distinguishing the land of Islaam from the Land of Disbelief. Al-Maawiridee placed as a condition "one’s ability to manifest his Religion." He says: "Then this land becomes a 'Land of Islaam' due to it." So with this, the differing comes to an end. From that which the scholars defined the "Land of Islaam" with was: "The land in which the two Shahaadahs and the Prayer are manifest and in which an event of disbelief does not take place except with the permission of the Muslim authorities. It can be understood from his statement that the Muslims must be many and possessing power in that land and that there is a lack of disbelief and its people. This is how they will be able to make their Religion apparent and manifest and by that the land will turn into a Land of Islaam. And I don’t think anyone would say: "Traveling from the Land of Islaam is better than Residing in it." This is why the scholars have made it recommended to perform Hijrah for the one who is able to manifest his Religion in the Land of Disbelief, so that he can add to the numbers of the Muslims and prepare for Jihaad in the Way of Allaah.

[26] Nail-ul-Awtaar (8/178)

[27] Nail-ul-Awtaar (8/179)