Al-Ḥāwī al-Kabīr fī Fiqh Madh’hab il-‘Imām ash-Shāfi`ī
By ‘Abūl-Ḥasan `Alī bin Muḥammad al-Māwardī [d. 450 AH / 1058 CE]
Translated by Abu Najm bin al-Iskandar
Section: As for Hijrah in our time, then it applies specifically to whoever accepts Islam in Dār al-Ḥarb, in terms of Hijrah from it to Dār al-Islam; and [Hijrah] is not specific to the land of the Imām [i.e. Khalīfah].
The circumstances of Hijrah are divided into 5 categories:
1) To be able to abstain [‘Imtinā`] in Dār al-Ḥarb through isolation [I`tizāl, from non-Muslims] and to be able to call [to Islam] and fight [Qitāl]. [In this case] it is obligatory to remain in Dār al-Ḥarb because it will become Dār al-Islam through [the Muslim’s] Islam and isolation [from non-Muslims]. And it is obligatory [for the Muslim in this circumstance] to call the polytheists to Islam by any means his is able to whether assisting through argumentation or fighting [Qitāl].
2) To be able to abstain and isolate [oneself from non-Muslims] and to not be able to call [to Islam] and fight [Qitāl]. [In this case] it is obligatory to remain and not perform Hijrah because his land has become Dār al-Islam through his isolation and if he were to perform Hijrah from it, it would return to being Dār al-Ḥarb. Calling [to Islam] and fighting [Qitāl] is not obligatory for him due to his being incapable/too weak for it.
3) To be able to abstain and not to be able to isolate oneself nor call [to Islam] or fight [Qitāl]. [In this case] remaining is not obligatory since his land did not become Dār al-Islam. Nor is Hijrah obligatory for him since he is able to abstain [‘Imtinā`]. There are 3 circumstances for this person:
A) If there is hope for the emergence of Islam through his staying, then it is better for him to stay and not perform Hijrah.
B) If there is hope of assisting the Muslims with his Hijrah, then it is better for him to make Hijrah and not stay.
C) If his circumstances are equal in terms of staying or making Hijrah, then he may choose between remaining or Hijrah.
4) To not be able to abstain and to be able to make Hijrah, then it is obligatory for him to make Hijrah and he is disobedient if he remains.
And regarding this individual, the Messenger of Allah ﷺ said: “I am free from every Muslim with a polytheist.” It was said: “Why, oh Messenger of Allah?” He ﷺ replied: “Their fires should not be visible to one another.”
What it means is that their views should not coincide and “the fires” are expressions for “views” because a person will seek guidance through views just as he will seek the light of a fire [for seeing].
An example of this is in what is transmitted on authority of the Prophet ﷺ: “Do not seek the light of the fire of polytheists,” in other words do not look to guidance from their views and way of thinking.
5) To not be able to abstain and to be too weak to make Hijrah. [In this case, the obligation of] Hijrah drops from the person due to his inability to do so. It is permissible to defend himself through manifesting Kufr [Iẓhār al-Kufr] and to be Muslim through belief in Islam and compliance with its legal rulings [Aḥkām].
It is not permissible for someone capable of making Hijrah to manifest Kufr because he is not compelled to do so while the one who is incapable of making Hijrah is someone compelled.
The obligation of Hijrah remains [in effect] as long as a land for polytheism remains and there is someone who believes [in Islam] in [that land].
Mu’āwiyah bin Abī Sufyān transmitted: I heard the Messenger of Allah ﷺ say: “Hijrah will not be cut-off until repentance is cut-off. And repentance will not be cut-off until the sun rises from the west.”
If it is said- Ibn `Abbās transmitted on authority of the Prophet ﷺ that he said on the day of the conquest of Makkah: “There is no Hijrah after today, however [there is still] Jihād and intention.”
It is said that there are two ways to explain it:
1) There is no Hijrah from Makkah after today because after the conquest it has become Dār al-Islam.
2) There is no merit in making Hijrah after today like the merit of doing so before today because before the conquest, it was more difficult [to do so] than afterwards. Thus, the merit [of Hijrah] was greater [before] than its merit afterwards.
With regards to calling it “Hijrah”, there are two views:
1) It is something in which a person forsakes what he is accustomed to of a town and people.
2) It is something in which a person forsakes the practice of work and earnings. ~end quote
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