Expatriation, and the Jurisprudential and ethical questions it brings forth, is a complex matter that requires clear guidance, especially when it comes to Muslims living in non-Muslim countries. Issues such as marriage, polygamy, divorce, inheritance, and raising children can pose challenges for expatriates, necessitating a deeper understanding of Islamic jurisprudence related to expatriate Muslims.
In an interview with Professor Dr. Abdul-Mun’im Sultan, Head of the Sharia Department at the Faculty of Law, University of Menoufia (Northern Cairo), “Al-Mujtama” delves into key Islamic rulings and principles for expatriates, exploring what is permissible, forbidden, and the conditions that guide Muslims living abroad.
If a Muslim expatriate can practice their religion freely, the land is considered a land of peace.
What are the guidelines on expatriation in Islam, especially given that some prohibit living in non-Muslim countries out of fear for one’s faith?
Islam permits traveling and residing abroad for worldly benefits, provided that this does not lead to losing one’s faith, such as residing in a country that openly opposes Islam. This allowance stems from Allah's words: “It is He who made the earth tame for you—so walk among its slopes and eat of His provision—and to Him is the resurrection” (Al-Mulk: 15) Muslims are encouraged to weigh the positives and negatives of expatriation from both religious and worldly perspectives, which varies for each person depending on their religious strength and ability to resist temptations that oppose Islamic teachings. This consideration should always be grounded in the mindset of “But all that is not but the enjoyment of worldly life. And the Hereafter with your Lord is for the righteous” (Az-Zukhruf: 35), along with Allah's command: “Fear Allah as much as you are able” (At-Taghabun: 16) Moreover, the permissibility or prohibition of expatriation depends on the individual's circumstances, such as marital status and whether they have children who may be vulnerable to external influences, for each person is a shepherd responsible for their flock.
Some argue against residing or even traveling to non-Muslim lands, categorizing the world into “lands of Islam” and “lands of disbelief.” What is your view?
We must clarify that there is no fundamental Islamic basis that categorizes the world into two lands—land of Islam and land of disbelief or war. This perspective is not personal but is based on the authoritative book Bayān li-n-Nās issued by Al-Azhar, where scholars affirm that dividing the world into lands of disbelief and lands of Islam is a historical, interpretative judgment derived from the situation during the era of early jurists. There is no specific ruling on this in the Qur’an or Sunnah.
What are the principles that early jurists used to make this distinction regarding whether travel and residence are permissible in certain areas?
The majority of jurists believe that the key criterion in determining whether a land is a “land of Islam and peace” or a “land of disbelief and war” is whether the believer is free to practice their religion without harm. To clarify, a Muslim residing in a non-Islamic country where Islam is not the dominant religion may see it as a land of disbelief or hostility. However, if they can freely practice their religion, it is considered a land of peace and Islam. Imam Abu Hanifa supported this view, as did contemporary scholars like Sheikh Muhammad Abu Zahra in his work The Theory of War in Islam, where he affirms that the decisive factor in determining the nature of a land is the security of the Muslim’s faith. Some scholars add that by joining international organizations and signing treaties, countries acknowledge each other as peaceful, thereby nullifying the concept of a land of war.
Marriage to a woman of the Book is permissible if she is upright, with the hope she may embrace Islam.
A few years ago, there was a debate over whether a newly converted Muslim woman in a non-Muslim country could remain with her non-Muslim husband, especially if they have children and she hopes he may convert to Islam. What is your opinion?
While I respect the opinions and evidence of those who support this stance, I disagree with it. When a woman accepts Islam while married to a non-Muslim, it is impermissible for her to continue marital relations with him. Allah says, “They are not lawful [wives] for them, nor are they lawful [husbands] for them” (Al-Mumtahina: 10) She should offer Islam to her children; if they accept, then excellent, and if not, she should continue to pray for their guidance while maintaining family ties, even with her former spouse, provided they view each other as strangers, not as spouses.
If he converts to Islam after some time, can they resume their marriage?
Scholars have held various views on this matter, reaching nine different opinions, which were compiled by Ibn al-Qayyim in Ahkam Ahl al-Dhimma. The prevailing opinion allows her to wait until he accepts Islam to reunite as husband and wife, citing the Prophet Muhammad’s act of returning his daughter Zainab to her husband Abu al-As ibn al-Rabi after he embraced Islam.
It is preferable for the expatriate to marry a Muslim woman with a fully valid and complete marriage contract.
Some students and others traveling abroad to non-Muslim countries, marry local women with the intention of divorce, claiming that this is to protect themselves from temptation. What is your view?
Most scholars reject marriages conducted with the intention of eventual divorce, seeing it as akin to a temporary marriage, thus invalid. Some scholars, however, consider it valid, arguing that intentions can change over time and marriage contracts, unlike vows, are invalidated only if conditions are stipulated explicitly in writing or verbally, not according to intentions. Hence, the contract itself remains valid, though the hidden intent bears sin upon the man, as the woman and her guardians would likely refuse such a union if they were aware of his intention.
Personal Status Laws in Non-Islamic Countries Pose Challenges in Marriage, Divorce, Inheritance, and Polygamy—What Should Expatriates Do?
Expatriates should adhere to Islamic principles as much as possible, integrating with the Muslim minority community. They should avoid marrying outside of Islam to avoid entanglement with non-Islamic laws. If they are unable to comply with these principles and fear for their faith, they should consider returning to their homeland, as these non-Islamic laws permit the unlawful and prohibit the lawful.
Aren't prohibitions lifted under necessity?
Yes, but necessity is measured proportionately and not all situations allow the prohibited, especially in matters related to personal status laws as marriage, divorce, inheritance, which are strictly defined by Islam. Allah warns, “These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah—it is those who are the wrongdoers” (Al-Baqarah: 229)
Marriage to a woman of the Book carries potential religious and moral harms for both the husband and children.
If an expatriate wants to marry a local resident, what are the Islamic guidelines?
It is preferable to marry a Muslim with a full and valid marriage contract. If that is not possible, he may marry a chaste woman from the People of the Book, based on Allah’s guidance: “And [lawful in marriage are] chaste women from among those who were given the Scripture before you” (Al-Ma’idah: 5) Additionally, Allah says, “They should be chaste, neither [of those] who commit unlawful intercourse randomly nor those who take [secret] lovers” (An-Nisa: 25)
Given the prevalence of unlawful sexual intercourse in non-Muslim societies, is it permissible to marry a chaste woman from the People of the Book who may one day embrace Islam?
Some scholars permit marriage to a woman of the Book if she is known to be chaste and there is reasonable hope that she may embrace Islam and she did not acknowledge her hostility towards it. Caution, however, is essential, as the implications of hastily pursuing such a marriage can be severe, affecting both the spiritual and moral lives of the husband and children.
What conditions must be met in the marriage contract with a woman of the Book?
Marriage must be based on a legitimate contract that fulfills all necessary requirements, such as the presence of both parties, the consent of a guardian, and a dowry. A civil contract alone is insufficient, as legitimate marital intimacy is sanctioned only through Allah’s words. Unfortunately, true chastity is rare, even among those of the Book, with only a few exceptions. Therefore, marrying a Muslim woman remains preferable, even if a chaste woman from the People of the Book is available, as this choice is better for the individual’s faith and family life.
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