Question : A question was asked about [the legal validity of a Muslim] living in a non-Muslim country (balad ghayr Islamiyya)

Fatwa in Brief: It is illegal to live in such countries for work, trade or even for study, except when engaged in calling to Islam (da‘wa). This is more acceptable particularly for those who have knowledge and vision.

Shaykh Ibn Baz, Majmu‘ al-Fatawi, 9/401-402

Response:

It is a Muslim’s duty, whether living within Muslim or non-Muslim communities, to benefit other members of those communities through teaching the religion, calling for the good, opposing the bad and contributing constructively to the betterment of the society in which s/he lives.

Commentary:

Wherever [in the world] a Muslim finds shelter for himself and his religion and where he is secure in practicing his religion, without harm accruing to him, then his residence in that place falls under 3 categories:

1. Permissible, and in this case staying in that place is as good as settling somewhere else.

2. Favourable [more so than being anywhere else], this is in the case of his being able to benefit the community in which he resides and can inform about his religion and its moral excellence.

3. Necessary, and this is in the case that his migration/exodus would cause harm or certain damages [to himself or dependents].

For hijra from one place to another as defined Islamically is not religiously required unless one were to fear for [losing] ones religion, or be hurt for the practice of ones rituals, or be exposed to harm [individually or ones family].

And accordingly God’s words:

“When angels take the souls of those who die in sin against their souls. They say: “in what (plight) were ye?” They reply: “weak and oppressed were we in the Earth”. They say: Was not the Earth of Allah spacious enough for you to move yourselves away (from evil)?” Such men will find their abode in Hell – What an evil refuge!” (Q. 4: 97)

And the hadith narrated by Abu Dawud and al-Tirmidhi that the Prophet (upon him be peace) said: “I avoid any Muslim who lives among the polytheists (mushrikin)” all help us to understand this wisdom.[1]

Is, then, the immigration of Muslims from non-Muslim nations to Muslim countries obligatory or preferred? According to Islam’s legal scholars, if a Muslim becomes worried about his religion, ethics or money, then his return [to a Muslim country] becomes obligatory. However, if he is not worried, then such a return merely becomes recommended (Sunna). Yet [other] researchers (muhaqiqun) have argued that as long as their presence benefits Muslims residing in the countries of Islam, or even outside these countries (through teaching them or helping them in other ways), or benefits Islam itself by spreading its principles, then staying abroad is better than returning. This requires him [the Muslim living outside of the Muslim community] to have strong a belief, and a resolute character in order to help him accomplish his mission. In the past, the Muslim callers and traders underwent considerable pressures in spreading Islam within non-Muslim countries.

The Opinion of Professor Sa‘ud ibn ‘Abdullah al-Funaisan:

Travelling to non-Muslim countries for the purpose of study, receiving treatment or conducting trade is valid; likewise, travelling for study is meritorious (ma’jur alayh) so long as God wills it. While living outside Muslim countries, a Muslim must continue to obey his religion, and to perform good deeds (khayrat).

As for fearing the application of the Prophet’s (upon him be peace) words: “I avoid any Muslim who lives among the polytheists (mushrikin)” (Abu Dawud 2645) and Tirmidhi (1604),[2] then know that the jurists have interpreted it to apply to those whowant to live amongst the non-believers without any valid religious reason like the travel for educational purposes, or medical treatment, or for trading and finding a livelihood, or to spread the call to Allah, and so on. This hadith describes the reprehensible status of the one who travels to non-Muslim destinies out of sheer love for it or its people. May Allah give you success, support you and makes other benefit from you.

Dr. Yassir ‘Abd al-‘Azim