From the Mālikī book of Fiqh: Al-Muqaddimāt ul-Mumahhidāt by Ibn Rushd, 2/151-154
Translated by Abu Najm bin al-Iskandar
“[Al-‘Imām] Mālik, رحمه الله, disapproved of someone settling in a land in which the Salaf are insulted, so how about a land in which the Most Merciful is disbelieved and in which idols are worshiped beside Him? Not a single soul would settle [somewhere] based on this unless he was an evil Muslim with a sickness of Faith.”
The Book of Traveling to the Land of War for Business
What is mentioned regarding traveling to the Land of War [‘Arḍ al-Ḥarb] for business and the perspective of disapproval [Karāhah] for that according to the People of Knowledge [‘Ahl al-`Ilm].
[Al-‘Imām] Mālik, رحمه الله, disapproved of departing for the lands of war for trade in terms of by land; and by sea it is strongly disapproved of.
Ibn al-Qāsim was asked during an audience about that, and he replied: “Allah has appointed for each soul an appointed time that will reach him and a provision that he will spend and their legal rulings will be in effect over him- thus, I do not see that [as preferable].”
The basis of the disapproval for that is Allah ﷻ obligated Hijrah to the lands of Muslims for those who accept Islam in the lands of Disbelief so that [Islamic rulings] would be in effect over them. Thus He ﷻ said:
{And as to those who believed but did not emigrate (to you O Muhammad SAW), you owe no duty of protection to them until they emigrate}
[Al-‘Anfāl: 72, M. Khan translation];
And He ﷻ said:
{Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): “In what (condition) were you?” They reply: “We were weak and oppressed on earth.” They (angels) say: “Was not the earth of Allâh spacious enough for you to emigrate therein?” Such men will find their abode in Hell – What an evil destination!}
[An-Nisā’: 97, M. Khan translation].
This verse- in terms of what Ibn `Abbās and others from the people of explanation and exegesis said- was revealed regarding a people from Makkah who had accepted Islam and believed in Allah and His Messenger, then they stayed behind from Hijrah alongside him ﷺ when he made Hijrah. Thus, they were exposed to tribulations and they fell to those trials and witnessed war against the Muslims alongside the polytheists…”
“Rather, Hijrah remains required until the Day of Resurrection- obligatory by consensus [Ijmā`] of the Muslims upon whoever accepts Islam in the land of Disbelief [Dār al-Kufr]: for [a Muslim] to not remain in [Dār al-Kufr] where the legal rulings of the polytheists are in effect over him and to make Hijrah and stick to the land of the Muslims where their legal rulings are in effect over him.
The Messenger of Allah ﷺ said: “I am free from every Muslim settled alongside the polytheists,” except that this Hijrah does not prohibit a Muhājir from returning to his homeland if he returns to a land of Faith and Islam as it was prohibited for the Muhājirīn among the Companions of the Messenger of Allah ﷺ to return to Makkah for those whom Allah reserved for them of favor regarding that.”
Section
“Thus, since it is obligated by the Book, Sunnah, and consensus of the ‘Ummah for those who accept Islam in the land of war [Balad al-Ḥarb] to make Hijrah and stick to the land of the Muslims and to not be buried among the polytheists and [to not] remain among them so that their legal rulings not be in effect over them, how can it be permissible for anyone to enter their lands where their legal rulings would be in effect over him for the purpose of trade or some other reason?
[Al-‘Imām] Mālik, رحمه الله, disapproved of someone settling in a land in which the Salaf are insulted, so how about a land in which the Most Merciful is disbelieved and in which idols are worshiped beside Him? Not a single soul would settle [somewhere] based on this unless he was an evil Muslim with a sickness of Faith.”
Section
“It is not permissible for anyone among the Muslims to enter the land of polytheism for trade or other reason except to ransom a Muslim. For if he enters it for some other reason than that, voluntarily, without being coerced, that would be a detriment to him- his qualification to lead the prayer and his testimony would be cancelled- Saḥnūn said that…” ~end quote
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