The Definition of Hijrah

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The Definition of Hijrah
Sheikh Husayn Al-'Awaayishah
Al-Fasl-ul-Mubeen fee Mas'alat-il-Hijrah wa Mufaaraqat-il-Mushrikeen (pg. 11-12)

The linguists have noted many uses for the word (hajara), such that I will only mention what will be of benefit to this research, with the will of Allaah.

It is stated in Al-Lisaan: "Al-Hajar (migrating) is the opposite of Al-Wasl (arriving and establishing oneself). The word Hijrah and Hujrah (both) mean leaving from one land to another land. The ‘Muhaajireen’ - those that migrated with the Prophet (sallAllaahu 'alayhi wa sallam) - is a derivative of this word. And every person that abandons his place of dwelling transferring to another group of people to live amongst them, he has made Hijrah. The Muhaajireen are called this name because they left their lands and dwelling places, which they grew up in, for the sake of Allaah. And they proceeded until they entered a land, in which they had no family or possessions, which was the case when they migrated to Madeenah. So every individual that separates from his land, whether he lives in the rural areas (i.e. a Bedouin) or in the urban areas, then he is considered a Muhaajir. And the noun form derived from that is Hijrah."[1]

And in Mujmal-ul-Lughghah it states: "'And a people made Hijrah (migrated) from one land to another' means that they abandoned the first for the second."

And it states in Al-Qaamoos-ul-Muheet: "The phrase ‘hajara Hajaran’ or ‘Hijraanan’ means that one has cut off or separated from something or someone. And the noun form of it is Hijrah."

It is stated in Fath-ul-Baaree (7/229): "The origin of the word Hijrah comes from migrating from one’s homeland."

It occurs in An-Nihaayah and other books: "When there occurs the mention of two Hijrahs in the hadeeth, then it refers to the Hijrah made to Abyssinia and the Hijrah made to Madeenah."

Footnotes:
[1] Lisaan-ul-‘Arab of Ibn Al-Mandhoor (rahimahullaah)

 

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Texts Related to Hijrah and Separating from the Lands of Shirk

Some of the Texts Related to Hijrah and Separating from the Lands of Shirk
Shiekh Husayn Al-'Awaayisha
Al-Fasl-ul-Mubeen fee Mas'alat-il-Hijrah wa Mufaaraqat-il-Mushrikeen

[1] Allaah says: "Verily, as for those whom the angels take (in death) while they are wronging themselves (by not performing Hijrah), they (angels) will say (to them): '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?' Such men 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. These are the ones whom Allaah is (most) likely to forgive, and Allaah is Ever Oft-Pardoning, Most Forgiving. And whosoever migrates in the Way of Allaah, he will find many dwelling places and plenty (of sustenance) to live by. And whosoever leaves his home as an emigrant unto Allaah and his Messenger, and death overtakes him, his reward is then surely incumbent upon Allaah. And Allaah is Ever Oft-Forgiving, Most Merciful." [Surat-un-Nisaa: 97-100]

The following occurs in Tafseer Al-Qurtubee: "Ibn Al-'Arabee (rahimahullaah) said: 'The scholars have divided traveling to different lands into two categories: 1) that which is done as a result of fleeing and 2) that which is done for the purpose of seeking. The first category is further divided into six types:

1) Hijrah - and that is migrating from the Land of War (Daar-ul-Harb) [1] to the land of the Muslims. This type of Hijrah was obligatory during the Prophet's time and remains obligatory until the Day of Judgement…

2) Leaving from the land of innovation (bid'ah).

3) Migrating from the land where the unlawful is dominant and widespread.

4) Fleeing away from that which is harmful to one's body.

5) The fear of getting sick in a land that has an unhealthy atmosphere and emerging from there to a land in which one can walk freely outside (without getting sick).

6) Fleeing for fear that harm will be inflicted upon one's wealth." [2]

Al-Haafidh Ibn Katheer (rahimahullaah) said in his Tafseer: "Ad-Dahhaak said: 'This ayah was revealed concerning a group of people among the hypocrites who remained in Makkah instead of going with the Messenger of Allaah (to Madeenah). They ended up fighting alongside the disbelievers on the Day of Al-Badr and were destroyed along with those who were destroyed.’ Thus this noble ayah was revealed, generally applying to everyone that resides amongst the disbelievers, (1) whilst possessing the ability to make Hijrah and (2) not being able to establish his Religion in that land. Thus he is oppressing himself and committing the forbidden. This is based on the consensus of the scholars, and also on the wording found in this ayah, such that He says 'Verily, as for those whom the angels take (in death) while they are wronging themselves' because of their not performing Hijrah. 'They will say: In what (condition) were you?' meaning: ‘Why did you reside here and not make Hijrah?' Concerning His statement: "And whosoever migrates in the Way of Allaah, he will find many dwelling places and plenty (of sustenance) to live by", this is an incitement towards performing Hijrah and withdrawing from the disbelievers." [3]

Imaam Al-Aloosee (rahimahullaah) said in Rooh-ul-Ma'aanee after quoting Allaah's statement: "Was not the earth of Allaah spacious enough for you to migrate therein?":

"Some of the scholars use this ayah as evidence for the obligation of performing Hijrah (migration) from the place in which an individual is not capable of establishing his Religion. This is the opinion of Imaam Maalik. Ibn Al-'Arabee has also reported the obligation of making Hijrah from a land that is plague-stricken." [4]

The following occurs in the book Al-'Ibrah mimmaa Jaa'a bil-Ghazwi wash-Shahaadati wal-Hijrah of Abu At-Tayyib Sideeq Hasan [Khaan] Al-Bukhaaree (rahimahullaah):

"This ayah can be used as evidence for the obligation of Hijrah on every individual that resides in the Land of Shirk or in the land in which acts of disobedience to Allaah are being committed openly. This is on the condition that one has the ability to perform Hijrah and he is not from those who are weak, based on the generality that occurs in this ayah, even though the cause for the revelation of the ayah was specific according to what was stated previously. What is apparent is that there is no distinction between one place and another place nor between one period of time and another period of time." [5]

In the same page, the following also occurs: "Allaah says: 'And whosoever migrates in the Way of Allaah, he will find many dwelling places and plenty (of sustenance) to live by.' When this ayah was revealed, a group of Muslims migrated to the land of Abyssinia, while another group, which included the Messenger of Allaah (sallAllaahu ‘alayhi wa sallam), stayed behind. They then performed the Hijrah (migration) to the honorable city of Madeenah and Hijrah became obligatory upon every individual that was oppressed and not able to manifest his Religion openly." [6]

[2] Allaah says: "Verily, those who believed and migrated (made Hijrah) and strove hard in Jihaad with their wealth and their lives in the Cause of Allaah, as well as those who gave them asylum and help; these are all allies to one another. And as for those who believed but did not migrate, you owe no duty of protection to them until they migrate. But if they seek your help in Religion, it is your duty to help them except against a people with whom you have a treaty of mutual agreement. And Allaah sees all that you do. And those who disbelieve, they are allies of one another. And if you (Muslims) do not do so (i.e. become allies of one another under one leader, Khaleefah, to make Allaah's Religion victorious) there will be fitnah (i.e. wars and bloodshed) on the earth and great corruption (appearance of Shirk)" [7]

Imaam Ash-Shawkaanee (rahimahullaah) said in his book, Nail-ul-Awtaar: "Al-Khattaabee said: 'Indeed, Hijrah became obligatory when the Prophet (sallAllaahu ‘alayhi wa sallam) migrated to Madeenah, (as well as his companions) to his presence so that they may fight along his side and learn the tenets of their Religion from him. Allaah affirms this in many ayaat of the Qur'aan, to the point that He cuts off the trust of alliance between the one who migrates and the one who doesn't migrate. He says 'And as for those who believed but did not migrate, you owe no duty of protection to them until they migrate.' So when Makkah was conquered and people from every tribe began to enter into the fold of Islaam, the obligatory form of Hijrah came to an end and that form, which was recommended, (only) remained." [8]

Al-Baghawee (rahimahullaah) said in Sharh-us-Sunnah: "It is possible to combine the texts from another angle, thus his (sallAllaahu ‘alayhi wa sallam) statement: 'There is no (more) Hijrah after the Conquest' refers to the ‘Hijrah’ from Makkah to Madeenah."

Al-Haafidh Ibn Katheer (rahimahullaah) said in his Tafseer: "The meaning of His saying: 'And if you (Muslims) do not do so, there will be fitnah on the earth and great corruption' is: 'You must disassociate yourselves from the disbelievers and make an alliance with the believers. And if you fail to do so, then fitnah will befall the people’ – and that (fitnah) means confusion and intermingling between the believers and the disbelievers. Then there will result (from that) widespread and overflowing corruption amongst mankind." [9]

Imaam Al-Aloosee (rahimahullaah) said: "'There will be fitnah on the earth' means that great tribulations will occur as a result of that, which consist of differing in opinion, weakness in Eemaan and an open manifestation of disbelief. 'And great corruption' means the shedding of blood (illegally) based on what has been reported on Al-Hasan. Thus, the understanding is that there will be a great corruption in that." [10]

Concerning Allaah's statement: "Verily, those who believed and migrated (made Hijrah)", Al-Aloosee said: "They are the Muhaajiroon -- those who migrated for the sake of Allaah from their homes in their motherland, and left them for their enemies (to possess)."[11]

[3] Ibn 'Abbaas (radyAllaahu ‘anhu) reported that the Messenger of Allaah (sallAllaahu ‘alayhi wa sallam) said: "There is no (more) Hijrah after the Conquest, but instead Jihaad and good intention. And if you should find any disagreement, then flee (away from it)." [12]

 

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Part 2

It is stated in Tuhfat-ul-Ahwadhee: "'There is no (more) Hijrah after the Conquest' refers to (the Hijrah) made from Makkah. Al-Khattaabee and others said: ‘In the initial stages of Islaam, Hijrah (migration) used to be obligatory upon everyone that accepted Islaam, due to the few amount of Muslims that resided in Madeenah and their need to gather together in unity. However, when Allaah opened Makkah for conquest, the people entered the fold of Islaam in multitudes. Thus the obligation of migrating to Madeenah was cancelled and the obligation of Jihaad and good intention remained obligatory upon whoever rose for its occasion or had an enemy attack him.’" [13]

It also states:
"The wisdom behind the obligation of Hijrah upon the one who accepted Islaam, also, was so that he may be safe from the abuse of his disbelieving relatives. For indeed, they used to torture those from their ranks that had accepted Islaam, until they apostated from their Religion back to theirs. This type of Hijrah continued with the same ruling (obligatory) in regards to everyone that accepted Islaam while residing in the lands of disbelief and having the ability to leave from there. Concerning 'But only Jihaad and good intention', At-Teebee said: 'This rectification calls for opposing the ruling that comes after it in favor of what comes before it. The understanding of this statement is that the Hijrah – which is withdrawing away from one’s homeland – which was required upon every individual to perform to Madeenah, came to an end, except for the withdrawing that was done for the purpose of making Jihaad, which remained existent, as well as the withdrawing that was done due to the pure intention, such as fleeing from the lands of disbelief, migrating for the sake of seeking knowledge and fleeing away from trials for the sake of one’s Religion. The intention is included in all of these aspects." [14]

It is stated in Badhl-ul-Majhood fee Halli Abee Dawood: "As for his (sallAllaahu ‘alayhi wa sallam) second statement,[15] then its meaning is: 'Hijrah (migrating) from the lands of disbelief to the lands of Islaam will not cease until the Day of Judgement.'" [16]

There also occurs in it, the following:
"The following statement is quoted from Al-Khattaabee in the book Al-Haashiyah: 'In the first days of Islaam, Hijrah used to be obligatory, then it became recommended. This occurs in the statement of Allaah: 'And whosoever migrates in the Way of Allaah, he will find many dwelling places and plenty (of sustenance) to live by'. This ayah was revealed after the Prophet had moved his residence to Madeenah and when the disbelievers' abuse of the Muslims (in Makkah) became severe. Thus, they as well, were commanded to change their residence and migrate to his presence. This was in order that they may be with him (sallAllaahu ‘alayhi wa sallam), so that they can support one another if matters were to worsen and so that they could acquire knowledge of the aspects of the Religion from him and better understand it. The biggest fear at that time was from the Quraysh tribe and the people that dwelled amongst the residents of Makkah.

So when Makkah was conquered, this understanding came to an end and the obligation of Hijrah was uplifted, and it returned to being recommended. Thus there are two types of Hijrah. The one that came to an end was the one that was obligatory and the one that remained was the one that was recommended.’"

[4] Samurah Ibn Jundub (radyAllaahu ‘anhu) reported that the Messenger of Allaah (sallAllaahu ‘alayhi wa sallam) said: "Whoever keeps intimate relations with a disbeliever and resides with him, then he is just like him." [17]

It is stated in Nail-ul-Awtaar: “In this (hadeeth) is evidence for the forbiddance of residing with the disbelievers and the obligation of separating away from them." [18]

[5] Jareer Ibn 'Abdillaah reported that the Messenger of Allaah (sallAllaahu ‘alayhi wa sallam) said: "I am free from every Muslim that establishes his residence amongst the disbelievers." They (the Sahaabah) said: "O Messenger of Allaah, why?" He said: "Their two (household) fires must not look towards (i.e. face) each other.” [19]

Ibn Al-Atheer (rahimahullaah) said in An-Nihaayah: “This means that it is required as well as obligatory upon a Muslim to keep a large distance between his place of residence and the disbeliever's place of residence. The place where he kindles his (household) fire must not be established in a way so that it is visible and apparent to the fire of the disbeliever, since it is the fire that is kindled inside the place of residence (to keep warm). Instead he should establish his home in the land of the Muslims. Indeed, it is only hated for someone to live next to the disbelievers because there is no covenant or trust with them. Due to this, the Muslims are strongly urged to make Hijrah.”

And he (rahimahullaah) said:
"Their two fires differ, for this one calls towards Allaah while the other one calls towards the Shaytaan (Devil), so how can they be in agreement?"

[6] Jareer (radyAllaahu ‘anhu) reported: "I gave the oath of allegiance to the Messenger of Allaah that I would establish the prayer, pay the Zakaat, give sincere advice to every Muslim and that I would disassociate myself from every disbeliever." [20]

It is stated in the book Al-'Ibrah: "Ibn Hajr Al-Makkee said in his Fataawaa regarding hadeeth: 'This hadeeth’s meaning is that it is required for every Muslim to keep his place of residence far away from the places of residence of the disbelievers, meaning those who are at war with the Muslims. Nor should he establish his home in a place, in which if he sets up a fire (to warm himself), it would be visible and apparent to the fire that they have kindled in their homes (to keep themselves warm). This is because when he (a Muslim) has his fire face the other fires, it becomes counted as being one amongst them. It has been agreed upon that Hijrah is obligatory along with certain conditions, from the land that is at war with the Muslims. The source for mentioning the ‘two fires’ looking towards each other is a figurative expression derived from the saying: ‘My home is looking out towards such and such person's home’, meaning it is facing it.

The reason for the relation between the cause and the effect in regards to their residing amongst the disbelievers is due to their adding to their (disbelievers’) population. Also, if an army were to seek them out, perhaps they would be prevented from aiding them, since they would see the campfires of the Muslims mixed along with their campfires. This is because when the Arabs would encounter an army, they would know their amount in number by counting the campfires that they had. An example of this occurred during the Prophet's quest to conquer Makkah, when the disbelievers sent an envoy to see his army, which was in the passageway of the town of Dhahran. So when this great warning against the Muslims' taking residence amongst the disbelievers – which prevents Muslims from waging war against them and brings an absence of fear entering into them – was issued, the Prophet (sallAllaahu ‘alayhi wa sallam) made himself free of anyone that resided amongst them. This was because it was a reason for their not making Jihaad against them." [21]

It is stated in Al-Haashiyah of Imaam As-Sindee: "Accompanying a disbeliever leads towards Shirk, and taking an oath of allegiance to abandon Shirk entails taking an oath to abandon all the things that lead towards it. Thus this oath results in the abandonment of accompanying a disbeliever and Allaah knows best." [22]

[7] In another hadeeth, the Prophet (sallAllaahu ‘alayhi wa sallam) said: "Each Muslim is sacred to another Muslim. Two brothers are supporters for one another. Allaah does not accept the deeds of a disbeliever who has accepted Islaam, until he withdraws from the disbelievers (and goes) to the Muslims." [23]

[8] Mu'awiyah narrated that Allaah's Messenger (sallAllaahu ‘alayhi wa sallam) said: "Hijrah will not cease until repentance ceases (to be accepted). And repentance will not cease (to be accepted) until the sun rises from the west." [24]

[9] And in another hadeeth, he (sallAllaahu ‘alayhi wa sallam) said: "Hijrah will not come to an end so long as the disbelievers are fought." [25]

Footnotes:
[1] Translator’s Note: The term Daar-ul-Harb (Land of War) is synonymous with the term Daar-ul-Kufr (Land of Disbelief) in that they both are lands in which the Muslim is forbidden to take residence in, according to the conditions mentioned in this book. The great scholar 'Alaa-ud-Deen Al-Mardaawee (rahimahullaah) said: "Hijrah is obligatory upon 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.” [This quote is mentioned later in this article] Perhaps, the scholars specified this land with “War” since it is the disbelievers’ land that is always prone to wage war against the Muslims. Allaah knows best.

[2] Tafseer Li-Ahkaam-il-Qur'aan of Imaam Al-Qurtubee (7/350)

[3] Tafseer Al-Qur'aan-ul-Adheem of Ibn Katheer (1/555)

[4] Rooh-ul-Ma'aanee of Imaam Al-Aloosee (5/126)

[5] Al-'Ibrah mimmaa Jaa'a bil-Ghazwi wash-Shahaadati wal-Hijrah (pg. 217)

[6] ibid

[7] Surat-ul-Anfaal: 72-73

[8] Nail-ul-Awtaar of Imaam Ash-Shaukaanee (8/178)

[9] Tafseer Al-Qur'aan-ul-Adheem of Ibn Katheer (2/343)

[10] Rooh-ul-Ma'aanee of Imaam Al-Aloosee (10/38)

[11] Rooh-ul-Ma'aanee (10/37)

[12] Reported by Al-Bukhaaree (1834) and Muslim (1864) from the hadeeth of Aa’isha. This wording is its complete form. However, In Saheeh Muslim (1353) from the hadeeth of Ibn ‘Abbaas, it occurs without the mention of “after Hijrah”.

[13] Tuhfat-ul-Awadhee Sharh Sunan At-Tirmidhee of Al-Mubaarakpuree (5/214)

[14] Tuhfat-ul-Awadhee Sharh Sunan At-Tirmidhee (5/215)

[15] He means by this, the Prophet’s saying: “Hijrah will not come to an end until (tawbah) comes to an end.” Its checking will be mentioned later.

[16] Badhl-ul-Majhood fee Halli Abee Dawood (11/372)

[17] Reported by Abu Dawood and others. It is a hasan hadeeth. See As-Saheehah (no. 2330)

[18] Nail-ul-Awtaar of Imaam Ash-Shaukaanee (8/177)

[19] Reported by Abu Dawood, At-Tirmidhee and others and it is a saheeh hadeeth. See the checking in Irwaa-ul-Ghaleel (1207)

[20] Reported by An-Nasaa'ee and others and it is a saheeh hadeeth. See its checking in Irwaa-ul-Ghaleel (5/31)

[21] Al-'Ibrah mimmaa Jaa'a bil-Ghazwi wash-Shahaadati wal-Hijrah (pg. 266)

[22] Al-Haashiyah (7/148)

[23] Reported by An-Nasaa'ee (1/358). And Ibn Maajah (no. 2536) reported the second part of it. Its chain of narration is hasan according to Irwaa-ul-Ghaleel (no. 1207).

[24] Reported by Abu Dawood (no. 2479) and it occurs in Saheeh Sunan Abu Dawood (no. 2166). It was also reported by Ad-Daarimee, An-Nasaa'ee in Sunan-ul-Kubraa, Al-Baihaqee, Ahmad and others. It is a saheeh hadeeth as occurs in Irwaa-ul-Ghaleel (no. 1208).

[25] Saheeh Sunan An-Nasaa'ee (no. 3889)

 

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Statements of the Scholars regarding Hijrah

Some Statements of the Scholars regarding Hijrah
Sheikh Husayn Al-'Awaayishah
Al-Fasl-ul-Mubeen fee Mas'alat-il-Hijrah wa Mufaaraqat-il-Mushrikeen

Some Statements of the Scholars regarding Hijrah:

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]

 

[Miskeen_INC]

Part 2

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]

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)