This is one of the most important facets of our discussion, since alliance and dissociation are always among the primary motivating factors of migration for the sake of Allah. We will divide our discussion of this into two broad areas:

 

1. Living among the disbelievers and its ruling.

2. Migrating from the abode of disbelief to the abode of Islam.

1. Living in the abode of disbelief

 

The jurists have explained the complimentary concepts of the "Abode of Disbelief' and that of "Islam" as follows:

The Abode of Disbelief is whatever land is ruled by the disbelievers, in which the laws of the disbelievers are supreme and political power is in their hands. These lands may be of two types. One which is at war with the Muslims and one which enjoys a truce with them. The determining factor is that it is ruled by the laws of the disbelievers; for it is the "Abode of Disbelief' or "Dar ulKufr", even if a large majority of Muslims live there. [33]

 

The Abode of Islam is any land that is ruled by the Muslims, where the Shari'ah is the supreme law and the Muslims hold political power. It is Dar ul-Islam, even if the majority of the population are disbelievers, so long as the Muslims rule it according to the Shari'ah. [34]

 

As Islam is the religion of dignity and authority, it was impossible to think of any Muslim submitting himself to the disbelievers; indeed it is forbidden for a Muslim to go to live amongst them and acknowledge their authority over him, because his presence amongst them would make him feel weak and isolated, and, then he would become docile and apologetic before them. He would first be called upon to approve of them, and then to follow them. But Muslims should be filled with morale and confidence, they should be leaders, not followers. They should hold the reins of power; no power should be above them but that of Allah.

 

Therefore Muslims were forbidden to remain in countries where Islam is of no account, except when they are able to freely practice their religion and to observe it without any impediment, and without any fear that their presence there could damage them in any way. If this is not the case, then they must migrate to a better place where the authority of Islam is of some account. If they refuse to do so, while they are able, then they would have no further claims on this religion. About this Allah has spoken in Surat an-Nisa:

 

Verily! As for those whom the Angels have taken (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory to them), they (angels) asked them, "In what condition were you?". They replied, "We were weak and oppressed on earth". The Angels asked, "Was not the earth of Allah 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 were unable to devise a plan, nor are they able to direct their way [35]

 

The Prophet (peace be upon him) said, “I am not responsible for any Muslim who stays among polytheists. They asked: 'Why, Apostle of Allah? He said: ‘Their fires should not be visible to one another.’, and he (peace be upon him) said, “Who joins the polytheists and lives with them then he is like them” and he (peace be upon him) said: “Migration will not end until repentance ends, and repentance will not end until the sun rises in the west.”[36]

 

Al-Hassan Ibn Salih said: "whoever remains in the land of the enemy, will be treated like the disbelievers, so long as he was able to join the Muslims but did not do it. If one of the disbelievers accepts Islam, but still remains with the disbelievers, even though he was able to go to join the Muslims, he is to be treated like them; neither his blood nor his property will be protected. , [37]

 

Al-Hassan said: "If a Muslim emigrates to the land of the disbelievers, yet does not renounce Islam, he will be an apostate by virtue of his abandonment of 'Dar ul-Islam"'[38] . (The Arabic text of the preceding passage refers to the land of the disbelievers as ‘dar ul-harb' and 'Ard ul-Adu', that is: the 'land of the enemy'; this indicates an active military opposition to the Muslims, as if in a state of war).

 

Ibn Hazm states that: "Whoever joins the 'land of war and disbelief, of his own free will and in defiance of whoever amongst the Muslims calls him to his side, is by virtue of this act an apostate, by all the laws of apostasy, in Islam. Whoever is able to kill him must do so. His property is unprotected, his marriage null and void, all his rights are swept away.

 

But whoever flees to the 'land of war' for fear of oppression, who neither opposes the Muslims in anything nor bears any malice towards them, and who was not able to find any refuge among the Muslims, is free of any guilt since he was compelled to leave.

As for someone who takes the Muslims as his enemies, offering his help and his service to the disbelievers, he is a disbeliever. But those who would emigrate to non-Muslim lands in search of wealth or prosperity to live under their protection, while they were able to go to live amongst the Muslims in their own land, but still do not withdraw themselves from the disbelievers; such people are not far from the fold of disbelief, and we can find no possible excuse for them, so we ask Allah's Forgiveness.

 

As for the person who lives in the land of Karmathians by his own free will, he is without doubt a disbeliever, because they are avowed enemies of Islam, disbelievers and apostates who only long for the destruction of the Muslims. Concerning those who live in a land where some heretic tendencies, leading to disbelief, are manifested, they are not considered disbelievers, as Islam is supreme in the land where it is possible to practice Islam openly; to confirm the message of the Prophet Muhammad (peace be upon him), read the Qur'an, establish the prayer, perform the fast of Ramadan and fulfil one's obligations entirely.

 

The words of the Prophet (peace be upon him), "I am not responsible for any Muslim who stays among polytheists" should clarify what we have said so far. It is clear that the Prophet (peace be upon him) refers here to the 'Dar ul-Harb', and because he (peace be upon him) appointed some Companions as governors of Khaibar (Jewish land), even though everyone who lived there were Jews.

 

If a disbeliever conquers a Muslim country, then acknowledges their religion (Islam), but assumes authority over them, and then claims any other religion than Islam, whoever lives with him, supports, or serves him in any way is a disbeliever, even if he claims to be a Muslim, as aforementioned. ,[39]