Q1- Emigration jurisprudence is one of the big issues of our time, especially given the (continual) increase in the number of Muslim emigrants to north-western Europe; Muslim minorities totaling more than ten million are now living in Western Europe. It has been noticed that Shiite jurisprudence relating to the question of Islamic minorities is still in its infancy, while we find a big historical Sunni tradition in this respect. What are your Eminence's views on the basis of Shiite jurisprudence regarding living under non-Muslim rule?

A: One of the peculiarities of Islam is that it requires a Muslim to live his Islam whatever his position, whether it is Islamic - which is to say in an Islamic society or under an Islamic government - or in a non-Islamic society or under a non-Islamic government. Islam does not make adherence to its laws obligatory on its followers only under its state, as is the case with some Marxist intellectual and political doctrines that do not make the practice of Marxism obligatory on the Marxist (living) in a capitalist society, rather, he can be a capitalist in a capitalist society, on the basis that Marxist theory has to be applied comprehensively and cannot be practiced by individuals here and there. By contrast, we find that Islam proceeds from the individual as a worshiper of Allah and His successor on earth, and this goes on to form his mind, heart and life in himself and in his relationships with others.

In light of this, the Muslim has to adhere to the Islamic teachings and rulings, even in infidel societies, and to implement the Islamic rulings on himself and on his family, except, where Islamic exceptions apply, such as in cases of compulsion (idtirar), harm or intense difficulty; for Islam releases (the Muslim) from any Islamic ruling which the Muslim is forced to break, or which might cause harm or intense difficulty, (but) these would have to be exceptional cases.

Islam requires for the Muslim to respect his contracts with others and his commitments to them. So, if he moved to a certain non- Muslim country and entered into a contract with it – be it an implicit contract, or an explicit one according to the visa , residency rules or the asylum law – he should respect his contract and commitments in a way which would not contravene any particular Islamic ruling; for Islam does not allow anyone to agree to a contract or a condition that is prohibited since the Hadith says: "The believers have to abide by the conditions they have agreed on, except a condition that made a prohibition (haram) allowable(halal) and something allowed (halal) prohibited (haram).'

In light of this, the Muslim must live up to his promises and contracts. We have seen (ruled) - and this might differ from some of the opinion (rulings) of jurisprudence scholars - that the property of every human being should be respected, whether this human being is a Muslim or not, as long as he is in a state of peace with the Muslims, meaning that the property of very human being should be respected, whether this human being is a Muslim or not, as long as he is in a state of peace with the Muslims, meaning that he does not wrong them, or attempt to undermine their religious adherence, or drive them out of their country… etc, or help to drive them out of their country. We see (rule) that the property of the non-Muslim, his honor and his person should be respected, and we do not see (rule) that infidelity, in itself, should nullify this duty to respect the property …etc of the infidel, unless he has declared war on Muslims and taken up arms against them.

On this basis, we see (rule) that Islam prohibits the Muslim from doing wrong to the financial or civil system, even if it belongs to the infidels. These are, perhaps, the general guidelines of the primary ruling (consideration) As for the secondary ruling (consideration), the Muslim must distance himself from the allowable things that are allowed in the primary ruling if they should end up giving a bad image of Islam , from the moral or civilized point of view, except if this negative view comes from the Muslims practicing his Islam. (Here) we are talking about the allowed things which the Muslims may practice in his own country without causing offense, but when he practices them in another society that has a different outlook to life, then the secondary ruling (consideration) will oblige him to distance himself from anything that may harm the Muslim's image in a way which might bring him dishonor.

We have noticed that some Grand Islamic jurists (authorities) ruled that some "Ashura" traditions, which they thought were allowable in themselves, were forbidden (haram) in the West or other places, if they would lead to the dishonor of the Shiite school of thought or Islam.

This is an overall picture for the person who lives in an infidel society.

Q2- Your Eminence: according to your saying (ruling), following more than one Grand Islamic Jurist simultaneously (tab'ied) harms the strength of some rulings, such as the traditional ( consensual) ruling (hukm mashhur) amongst the Shiites that the property of the infidel is allowable for (may be taken by) the Muslim, and you prohibit this.

But some may follow the ruling of the other ( Grand Islamic Jurists).

A: In these issues owing to their importance, I do not allow people to follow more than one Grand Islamic jurist (tab'ied).

Changing nationality and related issues

Q3: Some Sunni Jurists rule that it is allowable to acquire the Western nationality unless it leads to (falling into) what is forbidden (haram). In general, changing nationality means for many simply getting legal documents such as a passport, residence permit and social security papers. However, some jurists regard this a rejection of Islam (riddah), since it may mean joining the Christian faith and a Christian culture. What is your opinion about this?

A- This is one of the issues of a changing nature to which you cannot give either a negative or positive Islamic legal ruling, because this issue of one acquiring the nationality of a non-Muslim country is not forbidden in itself, like when the Muslim is living in a non-Muslim country. And if we know that countries which call themselves Islamic have laws which are un-Islamic, as we find in the issues of polygamy, civil marriage …etc, then the existence of such non-Islamic laws in that country does not change the fact that the Muslim must abide by the Islamic code. But acquiring the nationality of a given country by someone means that he is planting his roots in that country so that his offspring - in the future - will become citizens of that country, with all the negative and positive consequences that this citizenship holds.

Therefore, the man must study (the matter) whilst looking towards the future: might the nationality that he is acquiring lead to his children going astray and moving away from Islam in the future? Or, might it lead to positive results if, in this or that country, there were Islamic "incubators' (institutes, schools …etc) that could develop these children islamically, so that we could nurture a country in which there are people working actively? And we –as citizens speaking with (fellow) citizens of the country in which we dwell - can also use our presence there to call its citizens to Islam; or to serve our political causes through our presence, which can open up to our right to take a stance in this or that issue.

Q4- Does your Eminence mean participating in political life?

A- I mean political, social, cultural, media-related and other kinds of participation. The matter in question has negative as well as positive aspects, and differs from one country to another, since in some countries we cannot except notable result, due to the obstacles there, In France (for example), there are around four million Muslims with French nationality, something which has led some observes to say that Islam is the second religion of France. However, they are not allowed political freedom, and Muslims cannot hold any political office. Therefore, we have to study the matter at both the individual level and the group level to give a ruling – positive or negative (for or against) –according to the differences in individuals and positions.

Q5: Whoever acquires Western nationality must obey the particular laws of the country, such as serving in the army residency and personal status law, whilst if he stays as a foreigner residing in the country then he can follow the special international law, which is represented by his own country's laws regarding the above mentioned matters. For now, must those who are naturalized (acquire a foreign nationality) follow the laws of marriage, divorce, child custody, wife maintenance and inheritance as laid down by Western legislation?

A- It is forbidden for a Muslim to submit to any non-Islamic law voluntarily, especially if he is able to avoid this from a practical point of view. So, if the state rules that men and women should receive the same amount (of inheritance) and he can resolve the matter somehow in its application since the woman in question is Muslim, then there is no problem. But if he cannot do this, his naturalization may become a problem in this regard, unless there are Islamic interests that are more important.

Q6: According to the Western law, any person may write a will, specifying the way in which he would like his estate to be distributed; he can arrange this distribution according to the Islamic code, and the Western state is legally obliged to execute the will of the deceased, whatever its instructions?

A- If he is able to solve the matter by any means, then he is obliged to do so. I believe that these issues must be studied, from a jurisprudence point of view, in all its aspects, and that the interests (advantages) and blights (disadvantages) (mafasid) must be studied in each individual case, as well as in broader humanistic terms.

Residence

Q 7- Regarding residence in Western countries because of political problems or difficult economic circumstances in Islamic countries do such reasons justify residing in an infidel land?

A- We have to study this matter in terms of the general framework, as well as at the individual level. As for the general framework, we do not object to large Islamic groups going to live in non-Muslim lands if they can take up Islamic positions in these places, by establishing mosques and Islamic clubs and centers that take care of the Muslim's Islam and can guarantee proper Islamic development for their children. With this in mind, we encourage this because it brings great benefits to the Muslims.

We find that the Jews have been able to control the whole of the Western society through their emigration and residence there, whilst retaining their Jewish identity as the fundamental element in their thinking and behavior. We believe that when the emigration question benefits from Islamic planning it can transform a big society into an Islamic one.

As for the matter at an individual level, this does not follow planning but related to the individual's own circumstances. The principal standpoint (ruling) is that he should not travel to non-Muslim countries where his religion would be automatically weakened or where, because of the circumstances there, all his thoughts turn to the materialistic side of life and away from the religious or moral side, If he tries to reside in a country lacking any Islamic activity, in this case it is forbidden (haram) for him to travel and reside there, since this is bound to weaken his religion.

The terms at-ta' arrub ba'dal hijrah apply in such a case, in which the Muslim drifts away from Islamic knowledge, and consequently from Islamic adherence. Allah, the most Exalted, says: "O Believers, guard your selves and your family against a Fire fuelled with men and stones, under the charge of fierce and mighty angels who never disobey Allah's command and who promptly to His bidding' 66:6. We understand from this that protecting one's self and one's family from going astray is a fundamental aspect of Islamic education and Islamic guidance.

Allegiance to the non-Muslim ruler

Q 8- In the "Jurisprudence of minorities there are many (major) issues, one of which is allegiance to the non-Muslim ruler. What is the ruling of the Islamic law in this matter?

A- Allegiance has two meanings: the first is (one's) adherence to the legality of the allegiance and opening up to it emotionally as a person who is opposing. Allah, the most Exalted, and His Messenger(p.) , in such a way that his opposition to Allah and His Messenger is not seen (by him) as a negative element.

There is no doubt that this attitude is not Islamic, because we are not allowed to believe in the legal status of anyone who does not deserve that status, even if he is a Muslim; also, we must not hold love in our hearts for any person who opposes Allah and His Messenger, but our emotions – in our relations with others – must proceed from their stance before Allah and His Messenger, negative or positive. We can perhaps confirm this understanding from Allah's words: "You Shall find no believers in Allah and in the Last Day (Day of Judgment) who are on friendly terms with those who oppose Allah and His Apostle even though they be their fathers, sons, brothers, or their nearest kindred' 58:22; or: ". Allah does not forbid you respecting those who have not made war against you on account of (your) religion, and have not driven you forth from your homes, that you show them kindness and deal with them justly; surely Allah loves the doers of justice. But He forbids you to make friends with those who have fought against you on account of your religion and driven you from your homes or abetted others to drive you out; those who make friends with them are wrongdoers." 60:8,9.

Therefore, on this basis, the Muslim cannot be loyal to the infidel. The second (meaning of allegiance) is that he co-exists with him (the non –Muslim ruler), and adheres to his rule as far as public order is concerned. There is no problem in that, since the Muslim is not allowed to commit any contravention to the order in any society, especially if he has entered into a contract with the authorities supervising that order.

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