Suhaib Webb – On Hijra Texts, Fiqh, Maqasid and Fatwa
AI: Summary ©
The speakers discuss the misunderstandings of hadiths and its impact on the world, including its political and political implications. They also touch on the idea of Darul Islam and Darul Harb, which is related to a land of peace and war. The discussion touches on the idea of migration and protecting oneself from evil and spreading da cessation. The importance of living a decent life and avoiding being a beforehand is also emphasized.
AI: Summary ©
The word hijra
means mafaraka.
Darul Kufar
iladari
al Islam
a land which is filled with non Muslims
and migrate to the land which has Muslims.
To protect your deen.
We know that the prophet
said there's no migration after the opening of
Mecca. But as for the general hijra,
we have the hadith of the prophet
This is a good hadith.
The Hijrah will not stop.
Until the sun rises from the west
means that Al Hijra,
in the general sense is open till the
end of time.
But we've seen over the last few years,
right?
People use
this kind of idea of Hijra
to intimidate Muslims who live
in lands which are
predominantly
populated by non Muslims as a means to
like,
scare them or to make them feel like
they're less of a Muslim.
So let's talk about some of those ahadith
and text that people use,
as well as the opinions of the fuqaha,
some fuqaha
on this issue
because the prophet said
Whoever migrated for Allah and His Messenger migrated
for Allah and His Messenger.
The first hadith that some people use is
the hadith related by Imam Saydna Imam Abu
Dawood.
The Prophet Sallallahu Alaihi Wasallam said, I am
free from those, and I'm paraphrasing,
who live amongst the mushokeen.
And, Abari,
I'm free from them.
People come across this hadith. You find it
online and forums and other places say, you
know, it's not allowed to live,
for example, in the lands
of non Muslims.
But as we know,
that's important to know the context
of a text before
you make Istidlaal.
What is Istidlaal ikhamatuhukumalilfil
before you try to establish a ruling on
an action?
You have to make sure there's no context.
Because the context may restrict the meaning,
as we'll see in a second, may clarify
what the meaning is.
But subhanAllah, when we look at this hadith
of the Prophet
we see that there's an event that happened,
which is very important,
and that is that
a neighboring
tribe and village
continued to wage war on the prophet
These were disbelievers
in Medina.
So the prophet
he, first of all, warned any Muslims who
live in this area, get out. We're coming.
We're coming.
We need to clean house.
And some of those people refused.
Some of those Muslims refused.
And when the invading army came,
those Muslims
tried to make sujood,
but were unfortunately
inadvertently
killed
by the invading arm.
Their family members came to the Prophet Sallallahu
Alaihi Wasallam
and wanted to exact punishment on the killers,
or at least recompense
a deah.
And the prophet said, Anna Baree, I'm free
of the legal ramifications of those who lived
amongst
those mushrike.
This has nothing to do with the broader
world. This is a place that the prophet
had warned people to leave, that there's going
to be armed conflict.
If you don't get out, you may inadvertently
die. And if that happens,
I'm not responsible for you.
So applying this to someone who lives in
Chicago or, you know, lives in England or
live somewhere else,
this is a misapplication
of the hadith.
And and the attempt
to establish that ruling
on others is rejected.
That's the first.
The second, of course,
is the idea that it is
obligatory?
To immediately leave those lands.
Without any thought.
But if we look in the books of
a Hadith
and I can't
stress how important sometimes the chapter headings
kind of shining the light on the fiqh
of the writer or the fiqh of Methayib
or the fiqh of Ulema.
So, for example, if you look at a
sunul al kubra of Sayna
Imam You find a chapter called a rugsa.
Right. The rugsa
Right? The allowance
for someone
to live
amongst
the mushrike,
the disbelievers,
if there is no fear
for their life person and so on and
so forth. Alruksa. When you hear the ruxa,
that means that there's a dispensation in fiqh.
That means that there's an allowance.
The third is if we look at Fatawa.
So for example, we take the Fatwa of
Imam ibn Hajar Al Haythami, not even Hajar
Al Askalani.
Imam Hajar Al Haythami, his his Fatwa Al
Kubra, regardless of what you're following, anyone who
claims to study
should be familiar with.
And he was asked
by a group of people
who lived. It is what what is now
known as Southern Europe.
Do we have to migrate
as Muslims
to the land of Islam?
And his answer was that according
to the madhab of Imam al Shafi'i,
if you are able to live in these
lands
and observe your religion
and call to good and forbid the evil,
it is an obligation for you to stay,
not to leave
Because you are going to accomplish the greatest
objective,
which is spreading the light of Islam Islam
and the beauty and mercy of the prophets
teachings.
The last
deals with epistemology.
One of my my great teachers and someone
that had a tremendous influence on me while
I was in Egypt, and I didn't appreciate
him while I was in America.
Sometimes when I was in Israel, I was
poor. He would actually send a taxi taxi
and pay for the taxi to come and
take me to his class.
That's the kind of person he was,
man. And I remember, subhanallah, toward the end
of his life, a lawyer Hamu or Hamatan
Wasia.
The sheikh was Maqad.
You know, he was confined to a wheelchair.
It was a Friday morning. We used to
go to his place and read to him
on a Friday morning.
You know, great discussions with Sheikh and other
ulama
and then us little qataqit
students.
And subhanallah the sheikh,
a guy came knocking on his door. He
was the Bawab from the Masjid next door.
He said, Sheikh the
the isn't here.
So
I had to give the Khutbah that day
in Arabic.
But Sheikh, he told me something very profound
that this idea of Darul Islam and Darul
Harp.
Nowhere is it found in the Quran.
Nowhere is it found in the sun, and
I did research and I found 1 hadith
in small door.
The prophet, salallahu alayhi was some said, Larry
Larry
You know, there's no interest in war except
in the lands of war.
The Hadith Hadith Madhur,
It's a weak hadith. In fact, it's fabricated.
So this idea, this concept, the Dar al
Islam and Dar al Harb.
Where did it come from?
It came from
Muhammad Hassan
al Shaybani.
The great student of Imam
Abi Hanifa,
who in
the reign of,
Harun Rashid.
Harun Rashid asked him.
Describe these days for us.
Or describe the kind of the political
landscape
that we're facing with now.
He said, Yeah, Amirul Mumineen.
He said, Oh, leader of the believers,
the land which we occupy, where we live,
which we govern is the land of
Islam. And the other lands are the lands
of war.
After a Shaybani came say,
Imam al Shafi'i
He didn't agree with this, so he added
Darul Ahat. So he will see if there's
not an agreeance
and if scholars are adding
and subtracting things, then this means this is
not like.
This is not wahi.
This these are theories.
These are ideas that are able to be
negotiated and molded.
So
the land
of of war,
and the lands that we have treaties with.
After
came, Imam Shashi Al Hanafi.
And he also changed this.
So this is this is not this is
not the way, man.
There has to be something which is more
in line with Revelation.
So he adjusted the entire thing and said
that there is where
the people have accepted faith
and the
where people haven't accepted faith.
Because the goal of Islam is not to
fight. The goal of Islam is not war.
The goal of Islam is Dawah.
If we were as passionate about living as
we were passionate about dying, the world would
be a very different place,
living for what's right.
And then later on, you have other ulama
who say, no, no, dar Islam is wherever
you are. It ain't where you're from, it's
where you at
and what you're able to practice.
Saying
that the whole earth is made a masjid
for me.
Pure and purifying. Allah, Allah, Allah.
So you see Muslims sometimes they stick to
this idea, Dara Islam, Dara Harb. We see
the Islamophobes
sticking to this idea Dara Islam Dara Harb,
allahi. None of them unfortunately have really any
basic idea what they're talking about.
Where did this come from? The fatwa of
Saydna Imam ibn Hajar al Haythami and this
idea that now we see, you know, perhaps
that creating this binary of peace and war
is not aligned with
revelation
is the Hadith of Fudayk. This hadith is
related by saying that Imam Ahmed is a
good hadith.
Fudayk, he was from Yemen.
He embraced Islam, and at that time, Yemen
was still
predominantly occupied by
Christians.
He came to Medina,
came to the prophet
during the time where a hijrah was an
obligation to Medina. Okay.
He came to say, Narasul salallahu alayhi wasalamah
came Rahuahu Imam Ahmed.
And he said, you Rasulullah,
I live amongst the people of the book.
Do I have to migrate to Medina?
And the prophet said, Yeah.
Established a prayer.
Call to good.
Forbid the evil.
And you must stay with your people. Is
an obligation.
You must stay with your people.
So here we see the position of sadaat
al Shafi'iha
that if migration to Medina
was conditioned,
then what about migration
after that?
So I felt, Alhamdulillah, as we continued this
discussion on 40 Hadith of Sayyidina Imam Anawhi
that we unpack some of these
problematic kind of notions and ideas.
And as most scholars said, a hijra is
a personal ishdi head. A person who makes
a personal decision. You can't tell all of
the world
that they have to make a hint of
why. There's no emir.
And secondly,
That in general, these kind of things are
almost impossible
to say that everyone has to do this,
but it's a personal issue you had.
Some people may find more
security and more freedom, religious freedom outside of
the Muslim world than they did in the
Muslim world.
They may find more financial opportunities, as we'll
talk about later,
outside of the Muslim world than they did
in the Muslim world. And then they help
people in the Muslim Muslim world. So this
is a complicated, usually very personal issue. And
you should be very careful about taking a
fatwa online
that says
go
or don't go.
It's your decision.
Very strategic.
But as Sayyidina Imam Ibn Hajar was Sheyfaiyah
was Sheykhul Umari and others mentioned,
if you're able to live a decent life,
observe your religion, protect yourself from evil
and spread dawah, then it's an obligation to
stay.
We ask Allah