Hijrah Journal #2: Is it a Fiqh issue?

In part one of this journal, I documented some of the personal reasons why I needed to leave South Africa. I have made it clear that my decision is personal but there is a religious aspect to it. I am seeking a better environment for my family for the sake of Allah. Before diving into describing my travels, my criterions, and my challenges, I want to first address a crucial question that pops up often: is Hijrah a religious obligation?

When I told people that I plan to make hijrah to a Muslim land, too often I got an angry reaction. It is as if people took my decision personally. It took me a while to figure out why people react so angrily to someone else choosing to move away, but eventually I figured it out and pieced it together from various conversations. For many people, someone else’s decision to make Hijrah is seen as an attack on their decision or comfort staying where they are. It raises uncomfortable questions like “should I be thinking of leaving too?” “am I sinful for staying here?” and “is hijrah an obligation? The short answer to all these questions is: it depends on many factors.

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Fiqh is Fluid

Many of us like to think of Fiqh as a black-and-white straightforward guidebook on every life decision. We want and expect specific guidance on everything from parenting to migration, and expect the books of Fiqh to be stringent, detailed, and specific. The reality of Fiqh is that it does not work like this. Fiqh is a process of interpreting and applying the laws of Islam to new and differing circumstances. The nature of Fiqh is that for personal matters like family issues, business, and migration, there is rarely ever a straightforward answer.

The books of Fiqh discuss general guidance, for specific scenarios. These are not always meant to apply to every individual in every circumstance. In general, when the obligation of Hijrah (migration) is mentioned in classical works of Fiqh, it refers to migrating from Dar al-Harb (Lands of War) to Dar al-Islam (Islamic Lands) during the time of a Caliphate. Even then, there were differences of opinion on whether such a migration is an obligation or if it is better to stay and do dawah in the new lands. The reality is that if every Muslim in history chose to live in Muslim lands, Islam would not have reached new lands. Every Muslim land today at one point had new Muslims, then a Muslim minority, then slowly and organically Islam grew in that region until it became the majority religion. This alone is proof that Hijrah is not always the best move, especially when you are making a difference with spreading and establishing Islam in a region.

The fiqh gets more complex when we acknowledge that these two distinct groupings (Dar al-Islam and Dar al-Harb) do not necessarily apply today. There is no Caliphate today that accepts all Muslims. Many of us are born in non-Muslim lands, have citizenship to these lands, and no link or easy path to any Muslim land. Furthermore, the modern concept of countries is completely new and does not reflect in Fiqh at all. The most important Hijrah in history, from Makkah to Madinah, was within the same region, from one city to another. All these factors indicate that there is no clear answer to this question. For Muslims born in non-Muslim lands, is hijrah an obligation? It depends.

Fiqh Considerations

The primary Fiqh considerations regarding the topic of hijrah is whether you can fulfil your religious obligations and preserve your family’s faith in your current environment. These should be the two main angles from which anyone looks at the topic of Hijrah. Living in a land in which your religious freedoms are suppressed, when you have the option and ability to go elsewhere, can be sinful. For example, living in lands where hijab is prohibited or Muslims are forced to eat during the daytime in Ramadan. In such circumstances, Hijrah becomes obligatory for those who can find a way.

This applies to our families too. If someone is living in a land with a high apostasy rate, it is against wisdom to stay in such a land and raise children there. For the sake of one’s family’s faith, it would become obligatory to migrate to a better land if one can find a way. To purposely stay in a land where one’s faith is at risk is worse than to purposely stay in a land where one’s life is at risk.

Muslims should not go through life with a victim mindset. We should always seek a way out, seek a solution, and struggle for a better tomorrow. If we fail to achieve our goals, despite our efforts, we will be rewarded for our efforts. This concept of migration becoming necessary when there is oppression is explicitly mentioned in the Qur’an in the following two passages.

“While the angels are removing the souls of those who have wronged themselves, they will say, “What was the matter with you?” They will say, “We were oppressed in the land.” They will say, “Was Allah’s earth not vast enough for you to emigrate in it?” These, their refuge is Hell. What a wretched retreat! Except for the weak among men, and women, and children who have no means to act, and no means to find a way out. These, Allah may well pardon them. Allah is Pardoning and Forgiving.” (Qur’an 4:97-99)

“Those who emigrate for Allah’s sake after being persecuted, We will settle them in a good place in this world; but the reward of the Hereafter is greater, if they only knew.” (Qur’an 16:41)

Personal Considerations

Fiqh is not the only deciding factor for life choices. The concept of living one’s life strictly by books of fiqh is a modern phenomenon. Muslims of the past understood Fiqh to represent just one aspect of life, determining the limits of what is acceptable and what is not, what is obligatory and what is not. It did not govern every decision of life. Allah has blessed humans with intelligence, intuition, wisdom, and natural goodness (fitrah). We must use these blessings when making such decisions.

Every family needs to decide if Hijrah is the right choice for them after weighing all the pros and cons. There are some families who are doing such great work for Allah’s sake that it would be harmful to the community if they left. There are families and individuals who are fundamental pillars of their small communities, upon whom many others depend for guidance or help. There are also families who are simply content, they have found a neighborhood, a community, or a small town which is good enough for them and moving there was their hijrah.

But there are also many people who are easily influenced by their environments, families who live in fear of their lives and safety, and people who struggle against their souls intensely when living in environments with easy access to Haram. People vary, and so the Fiqh varies. Each of us need to make time to think carefully about what is best for our souls, our families, future generations, and, if you are involved in Islamic work, the ummah. From a personal perspective, is hijrah necessary? It depends.

The Benefits of Hijrah

Putting the Fiqh aside, even if Hijrah is not an obligation, this does not mean that it is not a good deed or something beneficial. Hijrah is not easy. It is a massive sacrifice to uproot your entire family, move to a new land, adapt to a new culture, and navigate the bureaucracy as you try to find ways to stay. It is not easy, and not everyone can do it. An important life lesson I learned over the past few years is that anything difficult and scary that is done for Allah’s sake always ends up being the best decision.

There are many benefits to Hijrah. New environments come with new opportunities. A safer environment leads to a more stable and peaceful life. Living in a majority Muslim land facilitates easier access to masjids, scholars, Islamic schools, and halal food. Instead of being openly promoted and easily accessible, the haram is often hidden away in dark corners only available to those who actively seek it out. It is true that not all Muslim lands are like this, and many today have failed to provide true Islamic environments.

But for those who seek a better land today there are many options. If we take the time to travel, research, and learn about new cultures, we will discover that the earth is still full of many amazing cities and towns which are excellent Islamic environments. These are available to anyone who seeks it for Allah’s sake.

“Anyone who emigrates for the sake of Allah will find on earth many places of refuge, and plentitude. Anyone who leaves his home, emigrating to Allah and His Messenger, and then is overtaken by death, his compensation falls on Allah. Allah is Forgiver, Most Merciful.” (Qur’an 4:100)

Final Verdict

There is no need to take someone else’s Hijrah decision personally. Every family must do what is best for their family. Hijrah is not easy, but staying put in a land that corrodes your faith and your family’s faith is worse. There are many challenges but Allah assist those who migrate for His Sake. There is no straightforward clear fatwah on hijrah.

My personal recommendation is that every Muslim family must actively seek to live in better environments, so that Islam can thrive and our families can thrive. But every family has their own circumstances and limitations. Is Hijrah an obligation? It depends. Make some time to sit and reflect deeply and honestly introspect on whether it is the best decision for you.

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