The Issue of Migration from the Abode of Islam During Enemy Aggression:A Maqasid-Based Jurisprudential Study

Abstract

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  Abstract

  
  

  This study examines the position of Islamic jurisprudence and contemporary Muslim jurists regarding migration from a Muslim land subjected to aggression by non-Muslim forces seeking to occupy it. The significance of the study lies in its connection to the higher objectives of Islamic law (Maqasid al-Shariah), particularly those that safeguard religion, life, and the security and stability of societies.

  
  

  The study addresses the apparent tension between the Qur'anic and Prophetic texts that encourage migration, such as the verses: "Was not the earth of Allah spacious enough for you to emigrate therein?" and "Whoever migrates in the cause of Allah will find many places of refuge and abundance in the earth," and the texts that command steadfastness, perseverance, and resistance against aggression, including the Prophetic narration instructing Muslims to defend their lives and property.

  
  

  To resolve this issue, the study clarifies the concept and objectives of migration, examines the juristic debate regarding whether occupied Muslim territory retains its status as Dar al-Islam, discusses the ruling on migration from Muslim lands during hostile occupation, and identifies the legal considerations that influence such rulings. The study adopts descriptive, analytical, and inductive approaches.

  
  The study concludes that classifying a territory as Dar al-Islam or Dar al-Kufr primarily depends on sovereignty, authority, and effective control. It further finds that Muslim scholars hold three principal opinions regarding migration from Muslim lands under enemy aggression. The researcher concludes that neither migration nor remaining to resist aggression carries an absolute ruling; rather, the ruling depends on several Sharia-based considerations, including the presence of legitimate political authority, the balance between benefits and harms, anticipated consequences, and the relative military capability and preparedness for defense.