What is the ruling regarding adoption of the nationality
of a non-Muslim country?
Many people who adopt the nationalities of these countries, or wish to
do so, insist that they do so only because they are persecuted in their
own countries, through imprisonment, threats and intimidation or confiscation
of their property etc. Others see no difference between their own countries,
which though Muslim, have no Shariah, and those of the West. They
contend that whilst both are equal in having no Islamic laws, their personal
rights, property and honour are safer in their adopted country, and they
will not be imprisoned or persecuted without reason.
A. The issue of emigration to a non-Muslim country and permanent
settlement there, is one on which the ruling would differ according to
the situation, and the reasons for the emigration.
a) If a Muslim is forced by his circumstances to emigrate, e.g.
he is persecuted in his country or imprisoned, or his property is confiscated
etc., without his having committed any crime, and he sees no way out for
himself other than to emigrate to a foreign country, then he would be
permitted to do so in such a case without any Karahat (abho- rrence) whatsoever,
as long as he resolves to protect his faith, and keep himself away from
the widespread evil found there.
b) Similarly, if a Muslim is forced to emigrate due to his financial
situation, i.e. he cannot find the necessary means of subsistence despite
extensive effort and he sees no alternative other than emigration to a
non-Muslim country, then he is permitted to emigrate subject to the above
conditions. Earning a livelihood through permissible means is also a duty
for a Muslim, after his other Fardh duties, and the Shariah has
not specified a certain place for it. Allah Ta'ala says:

"He is the one who has made the earth manageable for you. So traverse
ye through its tracts, and enjoy of the sustenance which He furnishes;
And unto Him is the resurrection." (Surah Al-Mulk, v. 15)
c) If a Muslim adopts the nationality of a Non-Muslim country
for the purpose of calling its people towards Islam, or to convey Islamic
laws to the Muslims residing there, and to encourage them to stay firm
on their faith, then this is not only permissible, but also a source of
reward. Many of the Sahabah and Tabi'een settled in distant Kuffar lands
for this very purpose, and this action of theirs is counted amongst their
virtues and points of merit.
d). If a person has enough means of livelihood available to him
in his native country for him to be able to live according to the (average)
standard of his people, but he emigrates in order to raise his standard
of living and live a life of luxury and comfort, then emigration for such
a purpose has at least some degree of Karahat in it, because such a person
is throwing himself into a storm of evil, and endangering his faith and
moral character without there being any necessity for it. Experience shows
that the people who settle in non-Muslim countries for luxury and comfort
find their religious restraint diminishing in the face of the many temptations
of evil.
Therefore, it is reported in the ahadith that one should not live with
disbelievers unnecessarily.
Abu Dawood narrates from Samrah bin Jundub that the Holy Prophet (Sallallaho
Alaihi Wassallam)said: "He who mingles with a disbeliever and dwells
with him is like him." Abu Dawood and Tirmidhi also report that the
Holy Prophet (Sallallaho Alaihi Wassallam)said: "I am free (i.e.
I disavow myself) from every Muslim who lives with disbelievers."
The Sahabah asked "Why, O Messenger of Allah?" He replied "The
fires of the two cannot co-exist." Khattabi says in his commentary
on this hadith that it has several meanings. One is that the two (a Muslim
and a Kafir) are not equal in Hukm (ruling) they both have different rules.
Some scholars take this view. Others explain the meaning as being that
Allah has differentiated between the lands of Islam and Kufr and consequently
it is not allowed for a Muslim to live amongst disbelievers in their lands,
because when the Kuffar light their fires he will be seen as one of them.
The scholars also derive from this the ruling that one should not stay
in the lands of the Kuffar when visiting for trade etc. (Khattabi, Ma'alim-As-Sunan,
K. Jihad, 473 : iii).
Abu Dawood relates from Makhool in his 'Maraseel' that the Prophet ? said:
"Do not leave your children amongst enemies (i.e. Kuffar). (Tahzeeb
As-Sunan, Ibnul-Qayyim, 437 : iii)
For this reason, some scholars say that living in Kafir countries, and
increasing their numbers solely for material wealth, is an action which
damages ones 'Adala (integrity). (Takmila Raddul-Mukhtar, p. 101, v. I).
Finally, if a person adopts a non-Muslim nationality solely for the purpose
of increasing his standing in society, and as a matter of pride, or in
preference to a Muslim nationality, or in imitation of the Kuffar, then
all such actions are Haram without exception, and there is no need to
cite evidence for this.
Q 2. For the
Muslims living in the West, bringing up their children in such an environment
has its drawbacks and disadvantages, and it also has its benefits. There
is a strong possibility of these children picking up habits from Christian
and Jewish children with whom they play and mix. This is especially so
in those cases where the parents neglect their childrens upbringing
due to their work etc., or where one or both of the parents have passed
away.
What would be the effect of this presumed harm be on the ruling regarding
emigration to a non-Muslim country? At the same time, many Muslims who
live there contend that in the non-Muslim countries their children run
the risk of being led away from Islam through mixing with atheist and
communist groups etc., especially when in some non-Muslim countries these
groups are supported by the authorities, their beliefs and doctrines are
included in the educational syllabuses, the minds of common people are
poisoned with them, and those who oppose them are tortured and imprisoned.
In such circumstances, living in that country is more dangerous for our
childrens' faith and their beliefs.
A. Bringing up children in a non-Muslim country is a serious
issue, and is a matter that is fraught with danger, and therefore, should
be abstained from as far as possible in those cases where emigration to
and residence in a non-Muslim country has been termed Makrooh or Haram.
However, in those cases where adopting a foreign nationality and living
there is allowed without Karahat (abhorrence), since a valid reason exists,
the same ruling would apply to bringing up ones children in that country.
Such a person should then attend to the upbringing of his children with
special attention, and the Muslims living there should create an environment
in which newly arriving Muslims can properly protect and preserve their
beliefs, actions and moral character.
Q 3. What is
the ruling regarding the marriage of a Muslim woman to non-Muslim man?
Would it be allowed if the woman had hope of her husband accepting Islam
after their marriage? Some Muslim women claim that they cannot find a
suitable Muslim husband, and that their financial circumstances force
them towards deviation from their faith. Would there be any possibility
of permission in such a case?
Q 4. What is the ruling regarding the continuation of marital
relations between a woman who has accepted Islam and her still-non-Muslim
husband? The woman has hoped that her husband may accept Islam if she
stays with him, and she also has children from him who may digress and
stray from Islam if she leaves him. Is it permissible for her to continue
to live with him as his wife in such circumstances? What would the ruling
be if she did not have any hope of his accepting Islam, but he was a good
husband other, and she feared that if she left him she may not find a
Muslim husband?
A. Questions 3 & 4. A Muslim woman cannot marry a non-Muslim
man in any circumstances. Allah Ta'ala says:
"And do not marry (your women) to unbelievers until they believe:
and a slave man is better than an unbeliever, even though he allures you."
(Surah Al-Baqarah, v. 221) and : "They are not lawful for the unbelievers,
nor are they (the unbelievers) lawful (husbands) for them." (Surah
Al-Mumtahanah, v.10)
Just the hope of someone accepting Islam does not make it permissible
for a Muslim woman to marry him, nor can such imagined hopes change a
Haram into a Halal. Similarly, if a woman accepts Islam and her husband
remains a non-Muslim, the majority of the scholars hold the view that
their marriage is invalidated with her mere acceptance of Islam. Imam
Abu Hanifah is of the view that the husband should be asked to accept
Islam, and if he refuses, the marriage becomes invalid. If the husband
then accepts Islam while the wife is in her Iddah (waiting period), their
original marriage becomes valid once again. If he accepts Islam after
the Iddah has expired, they must renew their marriage if they wish to
live as husband and wife. This matter is agreed upon amongst all the scholars,
old and new, and mere hope of someone accepting Islam cannot change the
rule of the Shariah.
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