To Emigrate or not to Emigrate?

8/9/2019 To Emigrate or not to Emigrate?

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Em igrate~,

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RIJRATSECTIONONE

MEANING OF IDJRATHijrat comes from the root word ha-ja-ra. It means to leave oneshomeland. To leave ones homeland for Allah's pleasure Is a greatobedience and Ibadaat. Rasul (SAW)said: "HlJRATCI1ITIlhlIates aU the stns which man has commItted before HIJRAT'.

Hijrat me;ms to leave one thlng and to move towards another.IflJRAT :Is either obligatory, compulsory. desirable or good.

depending on the circumstances surrounding It.The beneftts of HJ,JRATare two fold. Worldly beneftts and benellts

In the Aakhlraat. In this world the good can be seen as a good home,good neighbours, good provision, victory over ones enemies, dlgnityand respect from the people of the area and the inheritance of theseImportant virtues by ones progeny. Greater than this Is the reward of the Aakhlraat. (Qurtubl).

sahabah (RAlwere awarded the above beneftts within a short timedue to their sincerity of intention.

However according to Tafseer Bahr Muheet the beneftts of mJRAT

are not llmlted to the sahabah (RAland nor Is It llmlted to any time orplace. Vol.5 P. 294.

Moreover the beneftts of HJ,JRATwUl be showered on the personwho Is a true Muhajlr.

BJoJRATIN THE QURAAN"And those who qftt!r they have been oppressed emJgmtedfor the CQ.'JSe of Allah. We wfllproVtde them wtthagood (abode) In qus life: but better

In the Aakhtroat. If they but Iatew It. It Is those who are steo4fast and1


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rely on their Rabb." SuraNahl-41/2 The Sahabah (RA)made HIJRAT from Makkah to MadInah where

they were blessed with comfort and peace. They left their originalhomeland extremely sorrowfully because THEY COULD NOTPRACTICETHEIR DEEN FREELY.

Allah says: "He that makes HIJRAT in the cause of Allah shaUjlnd numerous places of refuge in the land and great abundance." Sura Nlsaa 100.

In the InItJa1stages ofIslam It was Fan to make HIJRAT from DaJUlKufr to DaJUl Islam. When Makkah was conquered then Rasulullah(SAW)said.: 'There Is no HIJRAT o,ftervictory." (BukharQ for Makkahwas now DaJUI Islam. Before the conquest of Makkah HIJRAT was acondition for Iman. This was abrogated later.

INTENTION AND JDJRATIt Is related on the authOrity of Hazart Umar bin aI Khattab (RA)whosaid: I heard the Rasul of Allah (SAW)say:

'~ctlons areJudged according to their intentions. and to eachperson would be what he had intended. if he had emigratedfor (the sake oj)Allah and His Rasul, then his emigration would be jor Allah and HisRasuL But if his emigration had been worldly gain or to many a woman, then his emigration would be for what he had emigrated." (BukharI- Muslim).

One of us sent a proposal of marriage to a woman, Ummi Qays, whorefused It but Imposed the condition of migration. That man migratedand married her. So we designated him as the the MuhaJIr UmmiQays.

Al-Samarqandl (RA) said: 'What Is done for the sake of Allah Isaccepted: and what Is done for sake of people Is reJected."

Qar! Tayyib (RA)says that this hadlth Is divided Into 3 parts. firstlystating the principle, secondly elucidating It and thirdly providing anexample of It.

There Is no mention In the hadlth that a person migrating with thisintention would be committing a sin because marriage Is a lawful actand not a s1nful one.

An action may be all right per se but bad intention makes It bad.yielding bad fruits.

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1b1s hadlth clearly shows that the recompense for an act Isdetermined by the very intention ofIt even IfIt may not actually havetaken material shape.

Qadi Baydawl (RAJsays that n1yyat means mental inclinationtowards something that accords with our purpose, whether It be togain profit or to overcome some harm, presently or subsequently.

Allamah Tayyibl has explained the stgnlflcance of both the partsseparately. The first tells us what makes acts worth consideration.The answer Is intention. The second indicates what Intention Isesteemed and appreciable. 1b1s Is nothing but bona fides.

Goodacts are of three types: taa-at - acts ofobedience, qurbat - actsof proxlmlty to Allah and Ibadat - adoration.

The sincerity of intention Is the most Important pillar. '~Uah does not look at your external but at your hearts and intentions."

Imam Gazzali (RAJsays If In any action there Is worldly purposemore then there Is no reward, If there Is Deenl purpose more thenaccordingly one willreceive reward, If there purposes of the world andDeen are on par then also no reward will be received and If In thebegtnntng of the action the Intention was sincere but spoiled later thenAbu Jafar bin Jarir Tabar! narrates from the Jurnhoor that the

Intention of the beginning Is considered.

SECTION TWO

CONDITIONS FOR PEACEFUL LIVINGIn the light of the Blessed Sharlat, there are 5 Basic aspects to beprotected and around which the laws rotate or are linked. These are:

1. PIlOTECTlOl'f or LDB . In Surah Maidah Allah states that"if a person klUs another kills another witlwut (aJust and valfd reason)or due to spreading corifuslDn on earth. It Is as If he has /dlIed ail the people."

2. PROTECTION ~F PROPERTY - The law of hand-amputation forthieves bears testimony to the Importance Islamic rule attaches tosafeguarding of property. 1b1s law, even though strlngently applied

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after, certainty Is reached regarding the thief. has reaped incrediblepeace In the areas where they are appl1ed.

3. PROTECTION OF PROGENY . Adultery and fornlcaUon destroythe moral flbre of society and lower man to the status of anImalIsm. Itdestroys modesty. shyness and purity of progeny. Sharlst hasdeclared ZIna as haraam. The non-married guilty person Is to beflogged and the married guilty person Is stoned to death. Also In thisfleld the court proceedings are so Intricate. spedflc. minute, and clearthat the heinous crime of adultery lind fornlcaUon are virtually non-existent In countries where the law of flogglt1getc. are appl1ed.

4. PROTECTION OF INTELLIGENCE - To safeguard the facll1ty of reason and mUona1lty. Sharlat has declared any form of Intoxlcantharaam (prohibited). The drunkard must be flogged. Any thing whichdisrupts the power of reason. thinking and the sense of percepUonmust be curbed at any cost for the protecUon of soclety at large.Pornography, nudity, Indecency and drugs are all forms of evils whichmust be emdlcated by every rul1ng party to secure a healthy society.

5. PROTECTION OF DUN - !man Is the most valuable property andasset of a Musl1m. One who renounces Iman Oslam) becomes amurtad - (renegade). Sharlst has spedfted the penalty of death onsuch a ,person. Thus all structures which aid In protecUng !man areabsolutely necessary. Thus the need for Masjlds. Madressahs,(Khanqah) Hospices, Dawat and Tabllgh. Llbrarles, Research InsUtu-Uons, Waqf Organi/iaUons, Darul Ulooms, TranslaUon Centres.However these quarters must project True, Pure. Prlstine Islam andmust not be manipulated bY the enemies of Islam through researchprogrammes designed to distort true Islamic teachings.

Islam has supuiated many other laws to ensure that every man Issafe and his r1ghts are not tmmpled upon.

It Is essenUal for any Government to uphold the above 5 prlndplesto ensure safety and securlty for all Its dttzens. In these l1ethe beautyof Islam and adequate cause for any non-biased person to acceptIslam.

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DIFFERENT TYPES OF COUNTRIESDuring the period when Islam spread rapidly, areas were classllled

Into:(a)Darnl Islam (the area under Islamlc rule) and;

(b)Darnl Harb - (the area under non- Islamlcrule). As the science of Flqh Ourlsprudence ) developed the Fuqaha Ouro-consultants ) mad!.laws for these terrttortes. Islam removed darlmess and projected trueculture and civl1lsationto the world. Nations swlftlyaccepted Islam orcame under the sway of the Islamic principles of justice andhumanitarianism. Presently, due to the reconstruction of worldpolitics, areas have dlversllled and more categortes followed.

1. Darull.1am - where Islamlc rule prevails.2. Darul Hub - where there Is unjust non-Islamlc rule and Muslimsat large are continuously at war for freedom and restoration ofbasichuman rights.

3. Darul Aman - where there Is non-Islamlc rule which Is just and Inwhich freedom of Deen Is allowed.

4. Darul Kufr - where the non-Islamlc rule uses every opportunity toImpose Its Baat1lRellglon upon the masses In crude and subtle

ways (Including the media).5. Darul Fuad - area under any Rule (be It Islam or not) butconstantly under confusion, turmoU, war, rtot. strtfe, mutiny etc.Some scholars of this age dMded areas even further. Laws for theMuslims In these respectiVeterrttortes develop accordIngly.

NON.MUSLIM GOVERNMENTSSome are under the false notion that Islam cannot be practised In anon- Muslim state. To become a practising Muslims does not solelydepend on living In an Islamlc state. Power and authortty are notprerequisites for being practising Muslims. Islam Is the deen for alltimes, all places, all situations and' clrcumstances. Muslims shouldln11uencethe Government and not visa versa.

Furthermore It has been stated: "Allahhelps the'just governmenteven It Is ln11del,and does not help the tyrannical govenunent even IfItIs Muslim." (Ibn Taymlyah, Majmul-RasU, al-Hlsbah-Calro-1323 ah

p 36.)5


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Also every MusUm govermnent or Instlb.lte Is not always Islamlc.Satan comes In various forms.

MUSLIM RESPONSJBJLITY

1. To protect the above 5 fundamental principles:

2. To observe the Important Quraanlc injunction which calls uponevery member of the community to order what Is good and to forbidwhat Is evil. It Is not a legal sanction but a moral duty for each MusUmto participate In the moral and mater1a1 enhancement of thecommunity.

3. Unity and mub.lal protection - It Is reported In the Slhah that Rasul(SAW)said: 'The Muslims, In their rectprocal pity. and In their mutualsympathy. resemble a single body; whenever one part of It compla1ns,the other areas respond. to It and the entire body becomes restless." Further. "A bel1elJerIs IDanother bel1elJer Weean edfjII;e. all the parts of which retriforce one another." (and he interlinked his lingers todemonstrate Itl, and there Is another report In the Slhah In whichRasul (SAW)says: "By Him In whose hands Is my soul, no one of youcan be a bel1elJerunless he wishes for hls brother the same that he wishes for hls own se1f," Rasul (SAW)said: "T h e Muslim Is the brother of the Muslims, he wUl neither abandon hlm nor hurt him."

4. To negotiate for the betterment of MusUms conditions. 1bls Is what.prompted Ibn Taymiyah (RAJ10write a lengthy letter 10 the KIng of Island SaJwas who was treating his Musllm subjects very harshly. IbnTaymiyah reminded him that the. Islam1c State was always very Justand Iolerant to the Christian subjects, whose number was quite largerand Informed him that lfhe reciprocated In slml1ar terms, his conductwould be much appreclated by the MusUms. A1-Slyasah P 179. It Issadly worth noting that Ioday, not oniy do MusUm parents pay hugesums of money as fees for private schools but remain cowardly sUentwhen re1lglous propaganda Is made an essentla1 part of the syllabus. If we cannot demand such a smaU part of Islam from those who arefattened with our purses, when will we reach even close 10 the

afore-mentioned example. May Allah grant us courage.

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5. To convey the message of Islam to all. "Say this Is my way. I call toAUah with certtJlnly (insight and corwtctton1. I and those thatfoUow me."

. -Swu Yu.stif.

SEC'DON TRPEE

IIrES OF BLJRAT AND JOURNEI'Qurtubl from Ibn Arabi writes that leaving the homeland or under-taking a Journey Is either due to running away from something orsavtng onesself from something or searching for something. The firsttype (running from something or saving onesself from something) has

6 eategortes and Is termed HIJRAT.

1. To move from Darul Harb to Darul Islam. ThIs type was ob1lgatorydurtng the tlme of Rasulu1lah (SAW)and remains so (on condltlon thatone has the abUtty and power to do so) WHEN ONES UFE, PROPERlYAND DIGNITYIS NOTSAFE OR WHEN ONE CANNOTPERFORM THEOBUGATIORYDUTIES OF DEEN. If one stays In the area even whenthese condltlons are prevalent. then one Is a s.lnner.

2. To move from Darul Bldat (lnnovatlon). Ibn gaslm says that heheard from Imam Ma1Ik (RAJthat It Is not pennlss1ble to stay In thearea wherein the Pious Predeccesors are abused and spoken UIof. IbnArabi supports this view that Ifyou are unable to remove the evUthenIt Is necessary to move away from It.

3. To move away from that area wherein there Is over-whelming

haraam and a real fear of being engulfed by It. It Is necessary for aMuslim to seek haIaal provision.

4. To move so that one Is saved from bodtly harm. ThIs move Ispermissible and also a boon from Allah. The first one to do so wasHazart Ebrahim (AS)who moved from Iraq to Shaam. "Iwn emfgratfng to my Rabb" (Ankabut 29). Hazart Musa (AS)also moved from Egypt toMaida-in. "He went away tnfear and utgtlance. saying: Rabb. deliverme

from these eva men. "

(Qasas 21).

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5. To move to save one self from the cl1mateor certain ailment. Thisaction was ordered by Rasulullah (SAW)on those shepherds who wereInstructed to stay outside Madlnah because the urban air was notgoodfor them. The rule ofSharlat Is that those who are In the area of an epidemiCshould stay inside Itwhllst those who are outside the areaof the epidemic should stay outside. This Is proven from the hadithreported by Hazart Abdur Rahman bin Auf (RAJ.

6. To move In order to protect ones prop.erty. When one fears decolts,thlefs and thugs who would harm ones property then It Is permlsslble

.to move. for Sharlat honours property like life. There are 9 categoriesofjourney when man goes out to seek something.

1. JOqmey for obHnatiOll and IDUght. To go out and see thePower. MIght and Control of Allah. To see what befell the previousnations. The Quran has encouraged such jOurneys. "Have they nottravelled In the land and seen what has been the desttny oftlwse beforethem." (Rum 30).

2. JOqmey for~. Trave11lngto fulllllthis wellknown plllar of lslam

wtll depend on ones means to do so as explained In the relevantliterature.

3. Journey for Jlhaad.Mustahab according topartlcu1lar time.

This journey becomes Farz. Waajlb orthe circumstances which prevall at a

4. Journey for ll'nlUhood. When a person cannot make =ds meet In

his area then It Is necessary for him to go to another place to seek same.

5. Journey for tracle. To travel so that one may seek wealth morethan the basic requIrements Is permissible In sharJat. as long as Itdoes not Interfere with ones lslamlc well-being and the well being of those In ones care.

6. Journey to .eelt knowledge. To seek essential knowledge Is


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obligatory and to seek more than that Is Farz-e-Klfaya. (I.e. If somepeople In the community acquIre It then the rest are absolved fromdoing so.)

7. Joumey to a B1nHcI aDd Hoi,. Place. ThIs Is restricted to 3places, Masjld Haram (Makkah), Masjld NabawI (SAW}'(Madlnah).andMasjld Aqsa (Jerusalem). 11I1sIs the view of Qurtabl and Ibn Arabi.Other Elders have granted permisslbl1lty for JourneyIng to visit anyBlessed Place.

8. Joumey to protect the fronden of 18lam. The vtr1ues areenumerated In many ahadlth .

9. Joumey to meet reladft8 andfrlenu. The hadlth has classl1l.edthis action as one reaping rewards and favours. (Qurtabl p.349 to351). Martful Quran - Shaft. vo1.5 P 326-331.. Sura Nahl.

The second form of HlJRAT Is what Rasulullah (SAW)spoke aboutIn a wider defln1t1on of the word, "HlJRAT remains unt1l the time of repentance remains." (BukhaI1). Commenting on the above AUamahA1n1(RA)states that this refers to the HlJRAT (moving away) from sins(d1scard1ng of sins), as stated In a hadlth: 'The Muhajlr Is the one whoabstains from all those th1ngs which Allah has prevented him from.Thus In the light of Shartat there are two broad meanings to HlJRAT.

1. 1'0 leave one's home for the cause of Deen, like the 5ahabah (RA)went to Madlnah or EthIopia.

2. DIscarding sin.

We conclude that there are two forms ofhljrat:1. 1'0 move from one land to another.

2. 1'0 move away from sin. The causes of (1) are basically two.

1. When a person's /!fe, property and d1gn1tyare In jeopardy or

2. When a person's Deen Is halted; when one cannot preach. practice.

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or propagate Deen: when one cannot aid Musllms or Islam: when onecannot uphold the Shi-aar-e Deen (Ie.the chief charactertstlcs ofDeenlike Azaan, Jumu-ah, Eld, the keeping of a beard, purdah, etc. Alsowhen one Is not ailowed to Implement individual Islamic Personal law.HlJRAT Is the preamble to Jlhaad. Inltlaily after Iman the order tomake HIJRATwas given followedby the injunction ofJlhaad. HLJRATprovides bene!lts for both the worlds. It was Farz In the beginning tomake hijrat because one was not able to practise Islam completely norpropagate Islam nor aid Islam or the Musllms.

WHO IS A TRUE MUHAAJIRA true Muhaajlr has the followingfour qualities:

1. His HIJRAT Is solely for the pleasure of Allah and not for anyworldly gain, trade, employment or Inner desire.

2. When he Is truly oppressed.

3. The Muhajlr Is to have born the Initial dIfIlculties and hardshipswith patience and steadfastness.

4. His hijrat Is made with the firm conviction and belief that despiteusing worldly means, victory. aid and achievement Is oniy In thehands ofAllah. Ifone has made hijrat and does not expertence anybenefits then obviously one of the four qualities have been lacking.

THE REAL mJRAT.Rasulu11ah(SAW)said: '''TheMuhajlr Is the one who abstains from ail

those things which Allah has prevented him from". It Is absolutelynecessary to !lee from sin. to discard ail those things which areharaam. to move from the dis-obedience of Allah to His obedience.One must move from kufr to Islam, from shirk to Tauheed, frombldatto Sunnat, from darkness to Ught, fromfalsehood to Truth, fromsin toGood. from dis-pleasure to Pleasure, from Ignorance to Knowledge.from Illth to PurIty, from to deception to Honesty, from miserliness toGenerosity. from immorality to Modesty, from seIllshness to Welfare,

from chaos to Peace, from dIfIlcu1tyto Ease. from Un-righteousness to

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RJghteousness, from obsession to Moderation, from in-Justice toJustice, from dis-order to Tranqul1llty. In short from all that Is badto all that Is good. We conclude that there are two forms of hljrat:

1. To move from one land to another.

2. To move away from sin. The causes of (1)are basically two:

1. When a person's life, property and dignity are Injeopardy or

2. When a person's Deen Is halted - when one cannot preach, practiceor propagate Deen, when one cannot aid Muslims or Islam, when onecannot uphold the Shl-aar-e Deen I.e. the chiefcharacteristics ofDeenlike Azaan, Jumuah, Eld, Beard, Purdah, BurIa1, Masjld etc. Alsowhen one Is not allowedto Implement individual Islamic Personal law.HIJRATIs the preamble to Jfuaad. lnltlally after !man the order tomake HIJRATwas givenfollowedby the injunction ofJfuaad. HIJRATprovides benefits for both the worlds. It was Farz In the beginning tomake hljrat because one was not able to practise Islam completelynorpropagate Islam nor aid Islam or the Muslims. The meaning, benefits,causes, and slgn1flcanceof hljrat have been mentioned. Hljrat withreference to the Quran and Hadlth has been discussed. Moreoverthemeaning and purport of n1yyathas been outllned. Howeverone mustnot move forworldly reasons whilst externalIy creating the impressionthat the action Is done forAllah's pleasure, ThIs Is the reason we havestressed on the meaning and fruits ofn1yyat. Lastly Inany country theUlema e Haqq wI1Ilssue the rullng of to make Hljrat or not. Presently(1994) no Allm has to our !mowledge Issued the legal decision of making hljrat from South AfrIca. verUyAllah !mows best.

JumadU Aa-khirah 1415.November 1994.

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REFERENCES:

1. Quraan;2. Hadlth - Bukhart - Muslim;

3. Martful-Quran - Mufti Shaft (RA)- Vol. 5 - pp 323-316 - Vol.2-pp509 - 512;

4. Mar1ful-Quran - Moulana Idrls (RA)- Vol. 2 - pp 144 - 146;5. Boorhaanol Islam - Vol. 28 NO.4- Rajah 1414 - Jan. 1994;6. Fadl-ul- Al-Bukhart - Vol. 1 - Allamah Shabblr Ahmad Uthmani-

pp 179-191;7. Oars Bukhart - Moulana Abdul Wa1\eed Slddque Fathpuree (RA)-

p35;

8. Iza-hul Bukhart Vol. 1 - Moulana Sayed Fakhurdeen Ahmed (RA)-pp. 54 - 57;

9. Anwarul Bar! - Vol. 1 - Part 3 - p.30;10. MaJmul-RasU. al Hlsbah - CaIro - 1323 ah - p. 36 Ibn

~.11. Al-Styasah - Ibn TaymJyah.


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To Emigrate or not to Emigrate?