March 10, 2009
Translation Of A Fatwa OF Muhammad B. ‘Ali Al-Ansari Al-Haffar (end of 14th/8th Century)
BN Madrid Ms. 5324 (fols.47v-48v)
Fatwa of Muhammad b. ‘Ali al-Ansari al-Haffir, may Allah the exalted help him. Praise be to Allah. My lord-may Allah be pleased with you-your answer [is requested] concerning the Mudajjaleen residing in the land of the Christians and living in their land among them. Is emigration to the land of Islam obligatory for them? And concerning the two spouses: If one of them desires to emigrate and the other refuses to do so, is it permissible for the one who desires to emigrate to do so without the other? And if the wife is entitled to something from her husband, namely her dower (sadaq), and she did not agree with him in the matter of emigration, can he emigrate and leave her and not give her this, or is this not permitted until he gives her what she is entitled to in respect to him? Can she exact from him [what is] her right if she wants to emigrate and he refuses to do so? Should he be compelled, by virtue of the court’s decision, to do this or not?
[Answer:] Praise be to Allah. The Prophet (صلَّى الله عليه وسلَّم) said:
﴿أنا بريء من [كل] مسلم مقيم مع المشركين﴾
“I am free from any Muslim residing alongside the mushrikeen”
[Thus] it is not permitted for a Muslim who has the capacity to emigrate from exposure to the infidels to remain among them, because they are subject to the laws of unbelief and because they constantly witness lack of belief in Allah [kufr] and [yet] they do not have the capacity to change it. It is incumbent upon them to emigrate from [this] place, therefore, since it is not permitted for a Muslim to keep company with one who engages in the sinful activities of drinking wine, committing adultery, or other sinful acts. How much the more so is it not permitted to live with one who does not believe in Allah and tells lies about His Prophet? Thus, emigration should be regarded as a duty by virtue of ijma’ (consensus of the community). If one of the spouses wants to emigrate from the land of the infidel and approach (Dar al-Islam), and the other refuses, then he has no excuse on this account but should [nevertheless] emigrate and leave his/her spouse. For religious interests must prevail over Maslaha. If one of the spouses wants to leave and one of them owes the other, then he may not depart until he has fulfilled his obligation. Thus, the husband should give his wife the sadaq he had agreed to, or any other obligation to which she is entitled, and [only] then may he emigrate. Likewise, the wife, if she emigrates and he remains behind, it is incumbent upon him to give her what he owes her.
 Saheeh hadith from Sunan Tirmidhi, vol. 4, p. 155, Hadith #: 1604 and also in Abu Dawood, Hadith #: 2645, and Sunan Nisai as well. Narrator of the hadith was Jarir Bin AbdAllah