Praise
be to Allaah.
In order to answer this question, we must explain two
things.
1 – Whether settling in a kaafir country is permissible
2 – Establishing whether there is a need to take the
nationality.
With regard to the first matter, settling in a
kaafir country is not permissible unless the following conditions are
met:
1-
There should be a legitimate
need for settling in their country, which cannot be met in the Muslim
lands, such as trade, da’wah, officially representing a Muslim country,
or seeking knowledge that is not available in a Muslim country either
because it does not exist there, or what is available is not of good
quality. Or there should be fear of death, prison or torture, not mere
harassment, for oneself or for one’s family and children, or fear for
one’s wealth.
2-
Settling there should be
regarded as temporary, not permanent. It is not permissible to have
the intention of staying there permanently; rather one should have the
idea that it is temporary, because settling there permanently means
that one has migrated (made hijrah) from the land of Islam to the land
of kufr. This clearly goes against the ruling of sharee’ah that it is
obligatory to migrate from the land of kufr to the land
of Islam. Having the intention of staying there temporarily means that
when the need to stay in the kaafir country no longer applies, one will
get up and leave.
3-
The kaafir country in which
one wants to settle should be one which is at peace with the Muslims,
not one which is at war with them. Otherwise it is not permissible to
settle there. A country is regarded as being at war with the Muslims
if it is hostile towards the Muslims.
4-
There should be religious
freedom in the kaafir country, so that the Muslim will be able to practise
his religion openly.
5-
He should be able to learn
the laws of Islam in that country; if it is difficult for him to do
so then it is not permissible for him to settle there because that implies
that he is turning away from learning the religion of Allaah.
6-
He should think it most
likely that he will be able to protect and maintain his religious commitment,
and that of his family and children, otherwise it is not permissible
for him to settle there, because preserving one’s religious commitment
takes precedence over preserving one’s self, one’s wealth and one’s
family. Whoever meets this condition – and how difficult it is to meet
it – is permitted to settle in the land of the kuffaar, otherwise that
is forbidden to him, because of the texts which clearly forbid settling
there and enjoin migrating from such lands, as is well known, and because
of the great danger which that poses to religion and morals, which no
one can deny except one who is arrogant.
Secondly: there should be a legitimate need for taking
the nationality, such as the benefits for which the Muslim has settled
in the kaafir country being dependent upon his taking the nationality.
Otherwise that is not permissible for him, because taking the nationality
is an obvious manifestation of befriending the kuffaar, and because
it involves speaking words which it is not permissible to believe in
or adhere to, such as approving of kufr or man-made laws. Moreover,
taking the nationality may lead to staying in the kaafir land permanently,
which is not permissible, as stated above. Having established these
two points, I hope that Allaah will forgive the Muslims who settle in
kaafir lands for the great danger that they have exposed themselves
to, because either he is forced to settle there and necessity makes
permissible that which is ordinarily forbidden, or to serve an interest
which outweighs the harms. And Allaah knows best.
Shaykh Khaalid al-Maajid, Faculty Member, College of Sharee’ah, Imaam Muhammad ibn Sa’ood Islamic University.