Part 64

So he should not be prevented from establishing the Prayer, nor the Jumu 'ah Prayer, nor the Congregational Prayers - if others are found such that the Congregational and Jumu'ah Prayers can be established. Nor should he be prevented from the zakaat, Fasting and hajj, and the rest of the rites of Islaam. If he is not able to establish that, then it is not permissible for him to reside there; rather migration from such a place is obligatory. The author of dX-Mughnee said (vol. 8, p. 457), whilst mentioning the categories of people with respect to Hijrah, said: "The first of them is those for whom it is obligatory, and that is the case for one who is able to do it [i.e. migrate] and not able to establish the obligatory duties of his Religion whilst residing amongst the unbelievers. Hijrah is obligatory upon him due to the Saying of Allaah, the Most High, "As for those whose souls the angels take in a state of having earned Allaah's Anger, then the angels will say to them: "In what condition were you regarding you Religion?' They will say: 'We were weakened by the great numbers and strength of the people of shirk in our land who prevented us from eemaan and from following the Messenger. ‘They will reply: 'Was not Allaah's earth spacious so that you could leave your land and homes and go to a land where you could worship Allaah alone and follow His Prophet?!' So these people will find their abode in Hell, and what an evil destination that is." [surah an-Nisaa (4):97] So this is a severe threat which proves the obligation. Also because it is obligatory to establish the obligations of the Religion for one able to do so. Migration is essential for the obligation and for its completion, and whatever is an essential requirement to perform an obligation is itself an obligation." Then after these two fundamental conditions are met residing in the land of unbelief falls into different categories: THE FIRST CATEGORY: That he resides there in order to call to Islaam, and to encourage people to enter into it. This is a type of jihaad and is thus fard kifaayah [i.e. a communal obligation which if performed by some is no longer obligatory upon the rest] upon those able to carry it out, with the condition that one must be able to establish the call, so that there is no one who will prevent it or prevent the people from responding to it. This is because that call (ad-dawah) to Islaam is one of the obligations of the Religion, it is the way of the messengers, and the Prophet commanded that we convey the Message he brought in every place and time. He said: "Convey from me even if it be a single Aayah" [Reported by al-Bukhaaree (Eng. transl. vol. 4, p. 442, no. 667)]. THE SECOND CATEGORY: That he resides there in order to study the condition of the unbelievers and to become aware of their state with regard to the corruption of their beliefs, their false and futile worship, degenerate manners and anarchic behaviour. He does this in order to warn the people against being beguiled by them, and to make the reality of their state clear to those who are attracted to them. This residence is also a type of jihaad since it covers warning against unbelief and its people, which comprises an encouragement to Islaam and its guidance. This is because the corruption of unbelief is a proof of the correctness of Islaam. Just as it is said: 'Things are made clear by their opposites.' But this is conditional upon his being able to attain his goal without producing greater harm; if he cannot attain his goal due to his being prevented from revealing what they are upon and from warning against it, then there is no benefit in his residing there. Also if what he intends can be attained, but will also produce some greater evil - for example that they respond by abusing Islaam, and the Messenger of Islaam, and the scholars of Islaam, then one must withhold from this action due to the Saying of Allaah, the Most High, "Do not abuse those idols which the mushriks invoke so that the mushriks then abuse Allaah due to their ignorance of their Lord and vengefully insult without knowledge. Thus do we make the deeds of every nation seem pleasing to it. Then they will be returned to their Lord and He will inform them of the deeds that they used to do, and reward or punish them accordingly." [surah al-An'aam (6): 108] Similar to this is his residing in the land of unbelief in order to be a spy for the Muslims, to become aware of the plots organised against the Muslims, and so warn the Muslims. For this purpose the Prophet (3H) sent Hudhayfah ibn al-Yamaan to the mushriks during the battle of the trench (al-Khandaq), so that he could find out about their condition. THE THIRD CATEGORY: Is that he resides there due to the need of a Muslim state, and to maintain diplomatic relations with the state of unbelief, such as the workers in the embassies. The ruling in their regard follows on from the ruling for the purpose for which each of them resides.