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From
the Shariah viewpoint, when exactly does Islam permit one to emigrate
to a non-Islamic or Western country?
Islam does not, as a
matter of principle, prevent any person from traveling to any country
in the world. As a matter of fact, it may sometimes be obligatory for
one to leave the country if staying there subjects one to the tyrants
who hold authority over people there, in such a way that it leads to
corruption in thought and practice, causing one to be their organ and
an oppressor of the people. In this case, it is not permitted for the
person to remain in the country. This is what God means when He says:
"As for those whom the angels cause to die
while they wrong themselves, they the angels] shall say: What was your
situation? They said: We were oppressed in the land. The [angels]
said: Was the earth not wide enough for you to emigrate [elsewhere] in
it? The abode of those is the hellfire. What a horrible ending! Except
those who are weak and oppressed from the men, women, and children,
who have not in their power the means and are not shown a way [to
escape]. For them there is hope that God will forgive, for God is the
Clement, the Forgiving" (al-Nisa, 4:97-99).
We see in these two
verses that staying in the lands of the non-believers which oppress
the mind and the body is forbidden, except for those who have no means
or cannot find a way to travel from that land to another place. In the
light of this, emigration is not something on which Islam has adopted
a negative stance. On the contrary, Islam may take a positive view of
it. These are the words of God: "Whoever
emigrates in the way of God finds haven in the earth, plentiful and
spacious" (al-Nisa, 4:100).
This means that when a
person is living under harsh circumstances which dictate that he
become corrupted in his country, or go to another, then it is normal
in such a situation to flee from his country with his religion-but he
must not flee with his religion to fall into a situation that is
worse.
EMIGRATION
AT THE EXPENSE OF RELIGION IS FORBIDDEN
On the other hand, Islam
takes a negative stance on emigration, forbidding it if it leads to a
weakening of the religion-be it in personal or family observance, in
any non-Islamic country he goes to where the essential conditions for
Islam are non-existent; and where conditions, which run distinctly
against an Islamic upbringing are abound. In this situation,
emigration may mean "assimilation after immigration"-which
is rejected by the Shariah, for Islam does not intend Muslims to put
themselves in a position of vulnerability in respect of culture,
religious conduct, after they have enjoyed both, along with other
factors that render them superior in thought and deed.
If emigration leads to a
person falling into the clutches of the oppressors, either through the
intelligence agents or the like who will exploit his needs and his
weaknesses in the host country, forcing him to become a member of
their group or to spy on his coreligionists, to establish espionage
activity among the Muslims on behalf of the oppressors, then
emigration is forbidden.
ANALYSIS
OF REFUGEE-STATUS EMIGRATION
In the light of the
foregoing discussion, what is termed "political asylum," to
which many of our Muslim coreligionists who live in countries under
despotic rule have resorted, needs be studied from several
perspectives.
The first perspective:
Because of the methods often used to initiate the process of political
asylum, or at different stages of this process, the fleeing Muslim
believer may be reduced to a state of degradation, by having to resort
to forbidden activities- e.g., forced by circumstance to take haram
food and drink, and other illicit deeds. In cases such as these, the
emigration is not permissible, since it is forbidden for a person to
abase himself, just as it is forbidden for him to go to a place where
he knows beforehand that he will be compelled to commit illicit acts.
The exception to the ruling is where the situation wherever he now
lives is such that he will encounter more evil by staying than by
emigrating.
Is it up to the
individual to assess what constitutes oppression?
If the individual has the
appropriate knowledge and experience, then he is capable of assessing
his position, since the issue relates to his personal responsibilities
and satisfaction. However, if he has none of the requisite knowledge
and experience, he must seek recourse to the experts who can clarify
and assess the matter for him.
The second perspective:
Political asylum may lead to a state where the refugee lives in a
morally licentious society which discourages worship, in which respect
he has no freedom; or he does not possess the outlets that would
protect him from falling into the temptations of this society. Society
may not see fornication, homosexuality, or any form of moral depravity
as being wrong. Seeking asylum in such a place is forbidden.
Associated with this is
whether his staying in the country will lead to his children having an
upbringing that is not Islamic. So much so, he is forced to leave them
in schools, which misguide them in terms of beliefs and conduct; or
where they live in a situation where he has no authority over them
before adolescence, or after adolescence. This is especially true of
those places where the child who reaches adolescence is entitled to
complain to specific authorities and lodge against his own father or
mother, and can have their parental authority revoked on the grounds
that they are too severe towards him, or some such reason.
The third perspective:
Where remaining in this country may cause him to join the espionage
apparatus operating against Islam and the Muslims, or to engage in the
commerce of illegal commodities like drugs-and in such a situation,
emigration is seen as a prohibited action.
If however, we are able
to find in the country of political asylum Islamic nurseries which
allow the child or youth to establish a life where he can develop
Islamically, then there is nothing against emigration. In fact, such
emigration may be a commendable act, or better, according to the
Shariah-when the Muslim's search for asylum in this country leads to
calling to the path of God, and to serving in God's cause in the areas
of freedom that one or another country allows, or similar activity
which rate as service to Islam and the Muslims.
From this, it is
obligatory for those who are forced by Islamic considerations to
flee-whether it be for reasons of doctrine, politics, or function
(autocratic ruling or oppressive authority)-to study the proposed
country of asylum, to see if it offers a milieu for calling to the
path of God; to see how well it could incorporate Islam in thought,
conduct, ethics, and practice. They also have to respond to the words
of God: "O you who believe! Protect
yourselves and your families from a fire, the fuel of which is people
and stones" (al-Tahrim, 66:6).
They must work on the
principle of maintaining themselves, their children, and their
families by embarking on their own education projects and religion, by
creating an attractive Islamic atmosphere for the immigrants and their
children to live an Islamic life with the proper development. They
also have to call to the way of God, in conduct, so that people who go
to them will find them exemplary in their productive life, enriching
the country through a fruitful contact with Islam-thanks to how Islam
deals with life, freedom, justice, and (other) human issues. They must
work on the principle that they have to be outstanding in serving the
right , trust, piety, and harmonious interaction with the people
there. They must do so until people there recognize that upright
conduct is what Islam calls its followers to adopt in order to be
exemplary in righteousness, the best of people living the human
experience before God in a manner that enriches others and enriches
life.
It is incumbent on those
Muslims who emigrate, to protect themselves against the threat to
their security in their homeland, not to disturb the order of things.
They may find that the people have certain ideas, concepts, or habits,
which do not agree with Islamic principles. In this case, they must
stay away, without creating a negative, tense atmosphere, which causes
them to be rejected in that country. This is because, on the one hand,
such conduct detracts from being perceived by the people of that
country as being compatible with the general order; and on the other
hand, it may lead the country in which they now reside to opt for
their expulsion or deportation, thereby returning them to the original
problem.
I invite my emigrating
brethren in the way of God to the saying of Imam al-Sadiq, when he
said: "Be to us as the callers to the path of God, without using
your tongues, so that honesty, goodness, and piety may be evident in
you."
I say to you, with all
love and affection, that you have fled with your religion from
oppression, corruption, tyranny, and non-belief; so do not, in the
places you now live, abandon your religion. Rather, count on your
religion to be the primary personal standard, the main cause for your
getting together, the reason for your existence-for the pureness of
this life and the hereafter put it on that level.
We wait for you to become
the callers to Islam over there, to pave the road in these countries
for Islam, and open new horizons.
According
to the response to the first question, the Muslim who seeks asylum
must not degrade himself, there are those refugees who say: "In
the place of refuge to which they have gone, there is more respect and
honor than in the Islamic countries." What is the response to
this?
Those potential
immigrants must compare between the degradation here and the
degradation in the other country, to determine their position
according to the Shariah with respect to what is halal and what is
haram.
But when I spoke of
degradation, it was in objective terms, not subjective ones. A person
may perceive degradation where there is none, or may not recognize
degradation where there is every sign of it-because he is looking
ahead to what will happen afterwards, knowing that the humbleness of a
Muslim before a non-believer is different from the humbleness of a
Muslim before another Muslim.
POLICE
AUTHORITY
What
about the authority of the police, which is recognized in the West as
an alternative authority to that of the father, in the case where the
son or daughter lodges a complaint against the father?
When we analyze the
matter from an objective, human viewpoint, we may find some mitigating
points for protecting the children from the abuse of authority. I
believe that something of this sort is within our capacity in the
Islamic countries. We hasten to protect the child from its parents.
The father is a protector of the children in their rearing, good to
them, and can interact with them. If, however, paternal authority or
guardianship changes into oppression of the child, and you cannot
protect the child from its parents as long as the child remains with
them, then legal authority has the right to take the child to protect
him from his parents, and to put him in the custody of someone who can
nurture him. The issue that raises itself here concerns the standards
which the West places for judging harshness and gentleness towards
children, which may differ from our own standards.
Consequently, we may
differ with the Westerners in cases where they see that the father and
mother are abusive towards the children, enough for the authorities to
take the child in order to protect it from its parents. We may also
find that the father may have to discipline his child, sometimes
severely, in a way, which, while not constituting mental or physical
abuse, may still not be compatible with Western views. In view of
this, we warn our brethren who live in the West, from falling into
these difficult situations. In order to protect themselves, they
should desist from severe methods in dealing with their children, and
instead try other methods of rearing their children, or seek other
ways, which will not cause the son or the daughter to lodge complaints
with the state against the family. The reason is that when the state
takes the child, the child may lose in terms of religion, ethics…
etc.
THE
PROBLEM OF CHILDREN AND ADULTS
When
we bring up the question of foreign refuge or immigration, the topic
focuses on the loss of the children and their corruption, as if the
adults are somehow exempt in this respect. What is your view?
We do not speak in terms
of adults and children. We speak rather in terms of actual authority,
which is not essentially the same as the Shariah authority, where the
father has effective authority over his son and daughter. The problem
which Muslims face in the West is that, if the son or his daughter
become corrupted, they cannot be compelled, because the law prevents
this; the father is not permitted to employ certain means to enjoin
the good and forbid the evil (al-amr bi-l-maruf wa-n-nahi ani-1munkar)
where his family and children are concerned. This is what residence in
the West-as much for refugees as for others-causes as a problem in
Islam with respect to corrupted children. In Islam, the father has the
right to rid them of corruption, a right he does not possess in the
West. But in that event, it is forbidden for the father to remain
wherever his children will be led astray.
THE
DOUBLE LIVES OF THE IMMIGRANT YOUTHS
There is the problem of
the double lives which youth experience in the West-especially with
regards to religiously observant families. In the home, children may
be instructed to observe religion, but when they go outside the home
they encounter an opposite reality.
This dichotomy may be a
normal state of affairs which children experience with their fathers,
everywhere that society evolves in a manner different from the way
things function at home. The manners and customs of the society may be
different to those of the house, which puts the student or youth in a
state of mental confusion, bewilderment, and functional dichotomy.
This is because this youth does not have well-founded rules in his
mind to balance his actions. At the same time, if he wants to give in
to the pressures of the street, he will live in a state where he faces
pressure at home; or if he is tempted to give in to the pressures of
the house, he will be pressured in the street. This causes a mental
conflict, leading to an inability to solve the problem-lying around
the house if either the street pressure or the pressure of instinct is
stronger. This can lead to him facing severe problems in the street if
he gives in to the pressure of the household or acts thus.
Therefore, in this
situation the family must study the points of weakness in the life of
youth, to rescue them from this problem; otherwise we will face, here
in the Middle East, the same problems faced by the West, whose manners
and customs we are receptive of.
THE
CHILD SUCCUMBING TO INFLUENCES
There are those immigrant
fathers who state: "My children are young, only one or two years
old. And I shall remain relaxed until they become older," with
the assumption that there are no negative influences on the young.
I do not agree with the
thinking of these people, because the child who is brought up in that
environment will retain this environment whenever he contemplates his
childhood. In this manner, he will have emotions and meanings in his
personality, albeit in a childlike manner. This will have an effect on
his future if he goes elsewhere, because we retain the problems of our
childhood after we become adults. Thus, a child can breathe religion
as well as he can infidelity (kufr), good as well as he can evil. This
means that this method does not work in this respect. We do not wish
to exacerbate the problem, insisting that the same influences that
affect the child also affect youth. But we cannot deny such
influences, which may greatly conflict later in the child's future, in
that his nurturing may be retarded in another area.
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