Muslim Emigration to the West: The Jurisprudence of the Saudi Permanent Committee for Scholarly Research and Fatwas

Currently there are about 43 million Muslims in Europe, 20 million of whom are in the Western part of the continent. The birth of these pockets of Muslim groups is mainly due to migration, motivated essentially by economic reasons. For this reason, some Muslims turn to jurists (fuqahāʼ) to learn if the migration they intend to undertake or have already undertaken to Western countries can be considered licit (ḥalāl) or not, under the Islamic law. For an answer to this question, some Muslims consulted the Permanent Committee for Scholarly Research and Fatwas, whose members belong to the Pietist current of the Salafi movement. The objective of this article is to analyze all the fatwas passed by such a Committee in response to questions posed. My analysis has evidenced the fact that, according to this Committee, a Muslim is obliged to reside exclusively in an Islamic territory (dār al-islām), and forbidden to migrate to the West, due to the fact that it is considered land of the disbelievers (dār al-kufr). However, the Committee has accepted some exceptions to this rule: for example, a Muslim is allowed to migrate to non-Islamic territories to spread the word of God (daʻwa), to study or to work.


Introduction
The question I will try to answer in this article is the following: Is it possible for a Muslim to live in or migrate to a non-Islamic territory (e.g. the West)?The attempt here is to verify if the presence of millions of Muslims-who have chosen more or less to freely reside in Europe or in America-can be considered legal by Islamic law.In short, how does Islamic law consider their situation?Available literature has revealed that most of the studies carried out on this topic have focused on the doctrine elaborated by individual jurists or council of jurists 1 who tend to favour the case that recognizes the presence of Muslims in the West as a means of improving the spread of the Islam. 2 Instead, little attention has been paid to those jurists, mainly belonging to the Salafi movement, who are against the migration of Muslims to the West, in the belief that the consequence of such migration could lead to the widespread moral decadence of Muslims.
Although recent Salafi jurisprudence regarding Muslim minorities has been of great interest to some scholars,3 it does not look like the research undertaken up to now has tackled the specific issue of the obligation of Muslims not to reside in the West that, according to the Pietist current of the Salafi movement,4 looms over all Muslims: 'cette tendence demande aux fidèles musulmans de quitter l'Europe et l'Amerique du Nord pour des terres musulmanes '. 5 This form of separation proposed and desired by the Salafi fuqahāʼ comes from the doctrine of al-walāʼ waʼl-barāʼ [loyalty (to Muslims) and disengagement (from non-Muslims)], which constitutes one of the pillars of Salafism. 6Different scholars have drawn attention to the consequences that this kind of doctrine can have on Muslims who reside in the West and adhere to this Salafi position, in terms of integration.Wagemakers, for example, affirms that 'in a Western context, al-walaʼ wa-l-baraʼ can be used as a bulwark against successful integration into society'. 7Similarly, Selim holds that, these concepts of walāʼ and of barāʼ 'are deemed to be of crucial issue for Muslims living in non-Muslim countries since it has a profound impact on Muslim-non-Muslim relations'. 8Bin Ali, is also of the same opinion, for which: Understanding modern Salafi conceptions of Al-Walaʼ wal Baraʼ is an urgent priority in the lives of Muslims today.This understanding is critical, as Muslim increasingly live as minority communities across the globe and the concept has implications for whether (and how) Muslims can live harmoniously with non-Muslims.The consequences of applying the modern Salafi concept of Al-Walaʼ wal Baraʼ are serious-it promotes a way of life insular and hostile towards non-Muslims.[…] At the social level, Al-Walaʼ wal Baraʼ is characterised by a portrayal of non-Muslims as potential enemies, and un-Islamic practises as dangerous acts that could threaten the purity of Islam and tawhid (monotheism). 9An efficient explanation of the al-walāʼ waʼl-barāʼ doctrine is given by Selim: On the basis of […] scriptural proofs Walaʼ […] means to love Allah and to exhaust every possible means to assist His religion; it is to love those who are obedient to Him and to come for their help.Baraʼ […] is to struggle against the enemies of Allah.Interpreting the concepts of Walaʼ and Baraʼ […] and putting them into practice constitutes an essential requirement of being a good Muslim.This implementation should be conducted by heart, in terms of love and hatred, and also the entire body in terms of drawing near to Muslims and steering clear of non-Muslims. 10e strong restrictions proposed by the Salafi jurists regarding the possibility of a believer travelling to the land of the disbelievers (dār al-kufr), in primis the West, can be directly traced to the doctrine of al-walāʼ waʼl-barāʼ: the act of a Muslim travelling to non-Islamic territories is considered a form of walāʼ which, for the mere fact of being to non-Muslims, is considered illicit; in fact all actions a Muslim does in exercising walāʼ must be exclusively to his coreligionists. 11hat follows in this article analyzes the prohibition on Muslims to travel to the West, as elaborated by Salafi jurists.This analysis has been added to, and published in another article in 2013. 12Unlike the latter work, whose aim was to examine the doctrine of individual jurists belonging to the Pietist current of Salafism, the current article aims at highlighting fatwas (fatāwā, sing.fatwa: non-binding opinion) passed by an organ made up of a group of persons, whose reference is the Salafi doctrine, that is the Permanent Committee for Scholarly Research and Fatwas, active in Saudi Arabia. 13Opinions expressed by this Committee have been collected in the work entitled Fatāwā al-laǧna al-dā'ima li'l-buḥūṯ  al-'ilmiyya wa'l-iftā' (from now Fatāwā al-laǧna), which is subdivided into different volumes14 and has been my main reference for producing this article.

The Rule: Muslims must reside in Islamic countries
First, I shall try to identify to which category of territory the West (especially Europe and North America) belongs, in the opinion of the Committee, and then describe the consequences of such findings; that is, whether it is possible for a Muslim to reside in those parts of the world.
In order to achieve the main objective of this article, I shall first analyze the text with which the Laǧna responded to the question of what were the necessary conditions a territo-ry should have to be considered non-Islamic.In the answer given to this, n. 2635,15 the Committee first of all provided a definition of what an Islamic territory (dār al-islām) is: all those countries (bilād, sing.balad) and territories (diyār, sing dār) in which the governing body exercises its authority in respect (yuqīm) of limits (ḥudūd, sing.ḥadd) imposed by Allah and following the sharia, in which the population (raʻiyya) are in the condition to fulfil (taqūm) the legal obligations of the Islamic law.Conversely, countries and territories considered non-Islamic are those whose governments (ḥukkām) and authorities (sulṭān) rule by violating (lā yuqīm) limits imposed by Allah and refuse to keep to the rules of Islam (lā yaḥkumūn […] bi-ḥukm al-islām).Furthermore, the Muslim who resides in this territory is denied the possibility of practising (lā yaqwà) the prescribed acts of his/her religious faith (wāǧib 'alayhi min šaʻāʼir al-islām).Such a place is considered the territory of the disbelievers (dār al-kufr). 16From such a definition, there seems to emerge the will of the Committee to link the Islamic character of a territory to the effective application of the laws as indicated by the sharia, as well as for believers who reside within, to practise the prescribed rites of the Islamic faith.On the contrary, the number of Muslims who reside in a certain territory seems not to be an important factor to determine the status of such a territory. 17The Laǧna has stated that, they should be considered dār al-kufr even those countries (bilād), with majority of the population professing Islam, but governed by people who rule without following the divine revelation (bi-ġayr mā anzal Allāh),18 and to people whose freedom of worship is not recognized. 19Overall, it is possible to affirm that the criteria used by the Committee to define the status of a territory, does not differ from those adopted by Ḥanbali jurists. 20According to these latter, it is to be considered dār al-islām any territory, which is under the authority of Muslims, in which Islamic rules are respected, and whose population is made up by a majority of Muslims. 21Instead, the dār al-kufr is made up of those territories in which the rules applied are that of the disbelievers.It is not relevant if there are many Muslims living inside such a territory. 22Based on the above reasoning, it is possible to affirm that the West, especially Europe and America, are to be considered territories of the disbelievers.
The difference between dār al-islām and dār al-kufr as operated by the Committee serves to determine which territory can be chosen by the believer as their temporal or permanent residence.In fact, the distinctive characteristics of the dār al-islām, makes it an ideal place in which a Muslim is allowed to live (la-hum an ya'īšū fī-hā). 23It is for this reason that it is compulsory for the Muslim to reside in an Islamic country (al-aṣl anna-hu yaǧibu 'alā 'l-muslim an yuqīm fī bilād islāmiyya)24 even in cases in which their country of birth does not belong to them. 25The dār al-kufr, on the other hand.represents-because of its particular characteristic-a territory from which the followers of Allah should migrate (yaǧib ʻalā 'l-muslim an yuhāǧir min diyār al-kufr ilà diyār al-islām) 26 and in which they should not settle, otherwise they would be committing an illicit act as agreed upon by the jurists (al-iqāma fī bilād al-kuffār muḥarrama fī ʼl-sharīʻa al-islāmiyya,27 murtakib ḥarām an biʼl-iǧmāʻ).For the Committee such people will be subject to punishment and the wrath of God.28 Indeed, Muslims who have adapted to the way of life of non-Islamic territories in which they live, or simply because they admire the type of life of the place, and decide not to leave the dār al-kufr even if they have the means to do so, will be considered sinners.The same status is reserved for believers who leave the dār al-islām for the land of the disbelievers without the real need to do so. 29t is interesting to note that the Committee never mentions an example of a country that can be considered Islamic territory, implying that this label can only be attributed to the country in which it is based, that is, Saudi Arabia.
The motive for forbidding people from settling in the dār al-kufr lies in the necessity to protect the Islamic faith and the morals of believers from being corrupted by the influence of the territory not governed by Muslims, and in which Islamic rules are not applied, 30 where Muslims end up subdued or repressed (maktūb an aw muǧāmil an ). 31 For this reason, the Laǧna, based on the verses 4:97-9932 of the Quran, has clearly and repeatedly affirmed that all Muslims who reside among disbelievers (kuffār e mušrikūn) and cannot freely practise their religion, have the obligation (wāǧib) to embark on a hiǧra (migration),33 that is, it is expected of them to leave the territory of the disbelievers (dār al-kufr) or the land of the polytheist (dār al-širk) for Islamic territories (dār al-islām),34 as did Muslims of the first era.Indeed these early Muslims left Mecca in 622AD/1H, when it was still a pagan city (dār al-kufr), 35 for Medina (from Arabic madīnat al-nabī, 'city of the Prophet'),36 which, after the oath of allegiance (mubāyaʻa) sworn by its inhabitants to the Prophet Muḥammad, had acquired the status of an Islamic territory (dār al-islām). 37The specific order to migrate from Mecca to Medina was passed when the latter was first conquered by Muslims, thus making it a dār al-islām. 38This type of repeal is validated by a prophetic tradition (ḥadīṯ, pl.aḥādīṯ) that says 'there is no migration after the conquest [of Mecca]' (lā hiǧra baʻd alfatḥ). 39This hadith, which has been reported by all the kutub al-sitta, repeals only the specific obligation to migrate from Mecca to Medina, while the general order to leave non-Islamic territories in favour of Islamic territories remains intact: 'faʼl-ḥadīṯ ḫāṣṣ biʼl-hiǧra min Makka; li-annahā ṣārat dār al-islām, wa-ammā al-hiǧra min bilād al-kufr ilà bilād almuslimīn fa-hiya bāqiya ilà qiyām al-sāʻa.' 40 The Muslim can even leave the territory of the disbelievers where he/she is residing and move to another territory of non-believers, or of polytheists, as long as this destination is less harmful (šarr) and less dangerous (ḫaṭar) than the territory they are leaving.A concrete example of this type of migration can be found in the transfer of some Muslims-especially the weak-from Mecca to Abyssinia (in Arabic, Ḥabaša), ordered by Muhammed in 614. 41In fact, the Muslims who were involved in this transfer had received better treatment because the King of Abyssinia had recognized their religion and offered them freedom of worship and of living according to the dictates of Islam (at least what was revealed at that time), things for which they were persecuted in Mecca.

Exceptions to the rule
As we have seen, if on one hand the Committee vividly exhorts believers to do their best in abandoning non-Islamic territories in which they find themselves, 42 on the other hand it does recognize an exception to the rule of the obligation of leaving the dār al-kufr, and that of migrating to it as well.In particular, those exempted from the hiǧra are believers who are not in a condition to enable them to perform it (economic problems, sickness, etc.).For this reason, Muslims are therefore justified in residing among disbelievers; however, it is the obligation of their coreligionists to help them (e.g.supporting them economically) to migrate to countries that are secure from a religious point of view. 43An exception to the prohibition of migrating to a non-Islamic territory is acceptable in the case of a licit/legitimate justification (musawwiġ šar'ī), to satisfy a need (ḥāǧa) or a necessity (ḍarūra).In the next sections, I analyze three specific cases for which the Committee has determined that it is possible to migrate to the dār al-kufr: to invite non-Muslims to Islam (da'wa), in search of work, or for studies. 44the believer is ordered to move to another country (biʼl-safar min balad ilà balad) in case there is no Muslim who can guide them in acquiring such knowledge in their country.Fatāwā al-laǧna 1998/1419, vol.12: 85, fatwa n. 6575.On the obligation of the Muslim to know the basics of his religion, see also fatwa n. 8849 (Fatāwā al-laǧna 1998/1419, vol.12: 89-90).
43 Fatāwā al-laǧna, n.d., vol.14: 476, fatwa n. 3859.44 Naturally, there are also other cases in which the Lagna recognizes the possibility of migrating.Undoubtedly, situations related to the necessity of having to travel to the West for medical treatment, regarding cures unavailable in Islamic countries are recognized.Fatwas n. 19581 and n. 20968, at <http://www.alifta.com/Search/FatwaNumSrchDisplay.aspx?languagename=ar&lang=ar>. Another case of necessity has been identified by the Committee in response, n. 21676, in which it affirms that it is licit for the Muslim to travel (yaǧūz la-hu al-safar) to the dār al-kufr (specifically in Italy) to meet his/her obligation of maintaining relations with his/her relatives (ṣilat raḥim wāǧiba).The lawfulness of this case is subject to the satisfaction of three conditions: the temporary residence in the territory of the disbelievers must not be a source of temptation; his/her right to openly manifest his/her religion must be guaranteed; finally, the

Migration aimed at da'wa (invitation to Islam)
Among the necessities accepted by the Committee as a valid motive for a Muslim to migrate to a non-Muslim territory is especially the da'wa, or the obligation of all Muslims to invite non-Muslims to Islam. 45This is clearly declared in fatwa n. 2292, which says 'whoever finds themselves in the country of the disbelievers must leave, who is not there must not go there unless for necessity like for example to carry out the da'wa'. 46Similarly in response n.3895 it is stated that the Muslim is allowed to stay among the kuffār, when he/she in his/her function as a dā'ī (one who invites to Islam), believes he/she can influence the non-believers, convincing them to approach his/her religion. 47Thus, for a Muslim to move to the dār al-kufr with the intention of spreading Islam does not make him/her a disbeliever. 48In fact, spreading Islam in a country of disbelievers is considered a noble act (al-'amal al-ǧalīl), and the physical efforts and economic means the Muslim sustains to carry out such an act is considered a sort of jihad, for he/she shall be rewarded. 49Women must participate in this form of jihad as long as it does not distract them from their main duties, like taking care of the family.With the body duly covered, a woman can carry out the obligation of the da'wa within her family, talking to her husband, to female relatives, and to male relatives that she is forbidden to marry, 50 or outside her family environment, in this case talking only to women.In the eventuality her preaching activity requires travel, she has to seek permission from and must be accompanied by her husband, or alternatively must be accompanied by a relative with whom marriage is precluded. 51Carrying out the da'wa, which accordingly can be done in public or in secret, 52 constitutes one of the necessities that justifies the verbal interaction between the dā'ī and the disbeliever, whether they are male or female. 53he Committee also, gives a number of indications to the preacher in order to make his actions fruitful.First of all the dā'ī must have appropriate knowledge of what he/she is preaching, i.e.Islam: a Muslim who lacks this prerequisite has no title to carry out the da'wa; the dā'ī's behaviour must be consistent with what they preach; he/she must be exstay in the non-Islamic territory must be a period not exceeding the time needed to to meet the obligation for which it is admitted.Fatwa n. 21676, at <http://www.alifta.com/Search/FatwaNumSrchDisplay.aspx?languagename=ar&lang=ar>.
45 Those destined to receive the da'wa in reality include Muslims who do not respect Islamic rules and those who do respect the rules, though they intend to fortify their faith.Regarding the first case, a practical example could be those Muslims who have been under a communist regime for a long time, and have ended up completely abandoning all religious practice.Fatāwā al-laǧna 1998/1419, vol.12: 247-248, fatwa n. 3778 (on the Russians).
46 Fatāwā al-laǧna 2003, vol.20 tremely patient in this activity, and must be very gentle with the disbelievers they are dealing with; finally to attract the non-Muslim to Islam, he/she must start dealing with essential questions, like that of faith. 54he execution of the da'wa has the final objective of attracting the non-Muslim to voluntarily embrace Islam.After one has been converted in Europe, in certain cases, the conversion is attested by a written certificate issued by a mosque or an Islamic centre.Some Muslims stick to the predominant idea, which indicates that for a conversion to be valid it is sufficient to have the testimony of two Muslims who have witnessed the act of conversion.These Muslims will have asked the Committee to express its opinion on the necessity of issuing the aforementioned certificate.The Committee, after having clarified that a believer does not need any document to prove his/her faith before Allah, has also affirmed that the issuing of a certificate of conversion to Islam is undoubtedly a useful instrument in identifying one's religion, especially in cases in which a believer has problems proving he/she is a Muslim.In this regard, mention is made of the case in which a Muslim travels to and dies in a place where no one knows him/her.In such a case, the lack of knowledge of the faith of the deceased becomes a problem in handling the dead body as required by Islamic rules. 55

Migration for the reason of work
The Committee was clearly asked if, for a Muslim in search of work, it was possible to travel (al-safar) to non-Islamic countries, in the West or the East, instead of the Islamic countries with restrictive immigration laws or lack of security.It responded positively, stating that as long as the believer can practise his/her religion openly (yastaṭī' iẓhār dīnihi), and has no fear of temptation, it is left to him/her to evaluate the suitability or not of travelling to such a country. 56This stance is reaffirmed in another fatwa (n.9272) in which the Committee clearly states that, a Muslim is allowed (ǧāʼiz) to work ('amal) in a country of disbelievers (al-duwal al-kāfira). 57Similarly, in response n.5488, the Laǧna declared that nothing forbids (lā māni') a Muslim from working in a non-Islamic country (dawla ġayr muslima) as long as he/she does a work that does not imply disobedience to Allah (laysa ma'ṣiyat Allāh) or temptation to disobey. 58In the jurisprudence of the Laǧna regarding this, there is some ambiguity; in fact, there are different responses in which it is against the migration to a dār al-kufr for economic reasons.In fatwa n. 19685, for example, the Committee has declared that a Muslim in search of work or means of sustenance must travel to Islamic countries (bilād al-muslimīn), instead of the country of the disbelievers, where their presence could generate negative influence on their faith, morals or closeness to their religion. 59Similarly, in responding to the question of a believer who asked if he could resolve his precarious economic conditions by going to work in a foreign country, it affirmed that migration in search of work is admissible as long as it is to an Islamic country (al-bilād al-islāmiyya). 60Finally, in response n.3859, the Laǧna has stated that a Muslim who has the means to be able to transfer to an Islamic country is not permitted to remain in the dār al-kufr for the reason of occupation regardless of the fact that he/she might be an employee of a fellow Muslim or a disbeliever. 61Therefore, even if with some areas of doubt, the Laǧna admits that the follower of Allah can move to the dār al-kufr where the majority of the population is made up of disbelievers for reasons of work, where he/she would most likely work for a non-Muslim, which is permissible in this case.From this point of view, the Committee has stated that nothing prevents a Muslim from being employed by a disbeliever, as long as the work he/she is asked to do is permissible (mubāḥ), 62 that is, compatible with the prescriptions of Islam, 63 and that he/she is guaranteed the freedom to practise Islam.From this point of view, fatwa n. 1832 is important, in which the Laǧna responds to a Muslim worker who asked if it was licit or not (ḥalāl am ḥarām) to receive payment (kasb) in Germany for work done, and declares that, by rule (aṣl) it is permitted (ḥill) to employ a worker and pay them after the job has been done.Indeed, in the reasoning of the Committee, what makes the pay legitimate or not does not depend on the religion of the employer but the nature of the work in question. 64A Muslim, however, can receive payment only for a lawful work done, 65 regardless of whether the employer was a Muslim or non-Muslim, 66 and also irrespective of the employer being in the private or public sector (al-a'māl al-ḥukūmiyya). 67The level of awareness of the Muslim as regarding the unlawful nature of the job decides the outcome of the compensation received for the work done.The payment can be kept in case of complete unawareness, 68 otherwise the Muslim will have to forgo that money, donating it to charity for example, and doing the same with whatever might have been bought with such money. 69Notable too is response n.4047, which has to do with the responsibility of the employer in recognizing the right of the Muslim worker to respect obligations imposed by their religion.In this case the Laǧna has declared that the Muslim is not allowed to work for a non-Muslim employer who does not allow them to carry out the daily prayers, or impedes them from praying at the prescribed times of day, and/or at the congregational prayer of Friday, a major prescribed prayer from which a Muslim cannot abstain, except in cases where it is legally admissible (such as in sickness or during travel etc.), which does not include the stay in the dār al-kufr.It is for this reason that the believer must leave their work knowing that Allah will compensate them by letting them find a better job. 70In the same way, the Committee has also forbidden the Muslim woman to work in the West (diyār al-ġarb) if, for example, such a circumstance prevents her from respecting the rule of wearing the veil (ḥiǧāb), 71 or from carrying out her prayers at the prescribed times; 72 it has also forbidden her (ġayr gā'iz), if she works in non-Islamic countries (al-duwal ġayr al-islāmiyya), from working factories or offices in which all the employees work together (iḫtilāt), that is without the separation of male and female workers. 73The Committee has confirmed this position in another fatwa, n. 19504, issued in response to a question regarding the conditions of an American Muslim woman (muslima amrīkiyya) who to support herself was compelled (taḍṭarr) to work in an environment where men and women worked together, and where she was compelled to remove her veil.To this woman, the Laǧna, after reminding her that a Muslim woman was not permitted to work in a mixed environment and that she was obliged to wear the ḥiǧāb, advised her to look for a lawful job (mubāḥ), in which there was nothing forbidden (ḥarām). 74There are many responses in which the Committee has expressed its opinion regarding the type of work it considers forbidden, and which therefore cannot be done by Muslims.It has, for example, declared unlawful all jobs regarding the production, sale and distribution of alcoholic beverages and pork.For this reason, two Muslims-one working as a cook in the United States of America and the other working in a factory in France-were ordered to leave their jobs because in both cases it had to do with pork. 75Likewise, all jobs directly or indirectly related to banks whose operations are based on a system of profit are forbidden. 76n fatwa n. 19479 the Committee has held that the followers of Allah, be they male or female, cannot work in factories of disbelievers who produce arms, become part of their armies, or in general do any work that increases their military might.Engaging in such pressed regarding the case of a Muslim who had migrated to France, where he was running a bar in which he sold alcoholic beverages.Ibid.: 65-68, fatwa n. 4047.70 Ibid.: 478, 467-468, n. 4047  activities will amount to swearing allegiance to the kuffār, or supporting them, becoming one of them unawares. 77For the Muslim, working in gay friendly hotels is also prohibited (lā taǧūz), otherwise one will be an accomplice to a forbidden act (iṯm) and a transgression ('udwān, in the sense of excess).This is how the Committee, with fatwa n. 11728, responded to a Muslim who was temporarily living in Holland where he worked as a cleaner in a hotel.After discovering the hotel was gay-friendly, he consulted the Laǧna to learn if he could continue doing the work, considering the difficulty of finding another job.The response was negative. 78he question of the connection between migration to find work and family relations has been the theme of many responses of the Committee, some of which I have analyzed.
When a male married believer travels abroad for a long period of time for reasons of work, he needs the permission of his wife.Otherwise it is considered a sin (āṯim) to have neglected his marital duties.However, it is not considered a sin (āṯim) when the Muslim departs with the blessings of his wife, or in pursuit of an objective that will benefit him and the family or the umma. 79In some cases the Muslim who has passed a long period of time abroad for reasons of work, he has to ask for permission from his in-laws to enable his wife to join him.In some Islamic countries there is the habit ('āda) of including a provision (dakk) in the marriage agreement in which one agrees not to live far away from the bride's family.Questioned on this issue, the Committee responded that a Muslim husband cannot compel the parents of the wife to allow their daughter to leave; he can only try to convince them by explaining to them that living abroad for long periods of time necessitates the presence of his wife, and that her leaving will not cause her any moral or material damages. 80he Laǧna was also consulted for solution to a case involving a father who refused to allow his son to leave an Islamic country for Europe, with the objective of finding a job to support himself.The Committee recognized the difficulty in which the young man and his family found themselves, and the state of necessity that made migration lawful (lā ḥarraǧa 'alā al-walad fī ḏalika li-ḍarūra), even against the will of the parents.The immigrant son however, has to help his parents proportionally to his earnings, providing them with money (māl) or a carer (ḫadim). 81ome Muslims men living in Europe for work who were passing very long periods of time far away from their wives, therefore finding themselves unable to satisfy their sexual needs, consulted the Laǧna, asking if the extraordinary condition in which they find themselves could justify extramarital sexual relations, normally considered illegal.The Committee responded that it was absolutely forbidden to have such relations, even when a man was far away from the wife for many years.To find a solution to such a situation, he has to make the wife join him, and if this was not possible, to marry a second wife in that country, 77 Fatwa n. 19479, at <http://www.alifta.com/Search/FatwaNumSrchDisplay.aspx?languagename=ar &lang=ar>.
78 Fatāwā al-laǧna, n.d., vol.14: 430-431 be she a Muslim, Jew or Christian.If this last solution is not possible, then the Muslim has no option but to live a life of chastity.A helpful tool in this regard is fasting, which is well known for its collateral effect of reducing sexual desire. 82he satisfaction of the sexual needs of the Muslim migrant worker has been dealt with in another response -n.9387.The Committee was asked to express its opinion regarding the case of a man who, after a very long period of travel for professional reasons, came home for a two-day holiday and wanted to have sex with the wife, who was in her menstrual period or had just given birth.It responded that the situation in which the Muslim finds himself does not exempt him from respecting the prescribed rules of the case in question, alternatively he can have sex with the wife as long as there is no vaginal penetration.In fact, based on the Quranic verse 2:222, 83 vaginal penetration is not admitted until a definite end of bleeding, after which the woman will have to perform the necessary ablution to bring her back to a state of purity. 84

Migration for reasons of studies
The Committee also made a declaration regarding the possibility of a Muslim traveling to the country of the disbelievers (diyār al-kufr) for the reason of studies, establishing that it should be permitted only in the case of effective necessity (lā taḥull illa liʼl-ḥāǧa), and only if the level of devotion of the student is strong enough for them to withstand the dangers of being influenced negatively from a religious and moral point of view by their stay in the non-Islamic territory. 85Regarding the type of study that makes it possible to reside in a non-Islamic country, in fatwa n. 2358 86 the Laǧna, responding to the question 'Is it possible to travel to the U.S.A for academic reasons?, 87 distinguished between religious knowledge and Arabic 88 (al-'ulūm al-dīniyya waʼl-arabiyya) on one hand, and the profane or mundane (al-'ulūm al-dunyawiyya) on the other hand.There is no need to travel to the country of the disbelievers (al-duwal al-kāfira) to learn the former, since this type of knowledge can be taught only by very qualified and trustworthy people (ahl al-ṯiqāt al-maʼamūnīn), of which the Islamic world is full (wa ḏalika mutawaffir […] fī al-duwal alislāmiyya).Instead, regarding the acquisition of profane knowledge like medicine, engineering etc., the Laǧna admits it is lawful to travel to the dār al-kufr, including the United States, to pursue studies, as long as three conditions are met.The first of which is that it 82 Fatāwā al-laǧna 2003, vol.22: 22-23, fatwa n. 4765.83 ʻAnd they ask you about menstruation.Say, "It is harm, so keep away from wives during menstruation.
And do not approach them until they are pure.And when they have purified themselves, then come to them from where Allāh has ordained for you.Indeed, Allāh loves those who are constantly repentant and loves those who purify themselves."'should be knowledge that the Muslim student cannot acquire in an Islamic country due to the lack of Muslim teachers able to teach the subject and the impossibility of importing foreign specialists to teach it.The necessity to meet the first demand-that is, courses offered in the Muslim's country of origin do not include the course for pursuit of which they are travelling to a non-Islamic state-has been dealt with by the Committee in another fatwa, n. 20968, with which it responds to a Saudi student who received a scholarship from an American university for a course that was also available in Islamic countries.The Laǧna denied this student the possibility of studying in the United States because it did not see the necessity of pursuing that course there as it was available in Islamic countries.Therefore migrating in this case was unjustified. 89Meeting the second condition for which one can study abroad is related to the usefulness of the studies to the country of origin, as, for example, the creation of Muslim specialists in various fields that would free the Islamic countries from the necessity of having to bring in specialist disbelievers from abroad. 90Finally, the third condition for the believer to meet before they can travel abroad is a high level of faith and strong belief in the Islamic culture that makes them immune to any possible influence and temptation that they might encounter during their study period in a non-Islamic country.Similarly, in another response, the Committee affirms that the student who for academic reasons is compelled to migrate to a non-Islamic state (inna iḍṭarr li-ẓurūf aḥāṭat bi-hi […] ilà […] ṭalab al-'ilm fī bilād ġayr islāmiyya raḫḫaṣ la-hu), has the obligation to perform the prescribed rituals (waǧib 'alay-hi an yuḥāfaẓ 'alā ša'āʼir dīn-hi) and to respect Islamic morals, as well as meeting all the obligations of a Muslim. 91It looks like the freedom to practise one's faith is the main prerequisite for a Muslim to reside in a dār al-kufr, regardless of what their motive is for being there.This principle has been repeated constantly by the Committee; for example in fatwa n. 2922, with which it responded to a Muslim resident in Great Britain who asked if it was unlawful to live in a country where one could not make a call to prayer (aḏān) at a high volume. 92The Laǧna responded that a Muslim cannot reside in a country where they cannot openly practise their faith as prescribed, and that they have to abandon such a country for another in which their religious rights are guaranteed.This obligation to migrate is, however, valid for those believers who have the means to do so, and their refusal will amount to sinning. 93The obligation of the believer to respect the prescribed acts of faith wherever they are is also mentioned by the Committee in response n.Fatāwā al-laǧna 1998/1419, vol.12: 54-55.perform the Friday congregational prayer (ṣalāt al-ǧum'a) even while residing in the dār al-kufr. 94n many cases, Muslim students residing in non-Islamic countries for studies do not have the necessary means to sustain expenditure like tuition fees, acquisition of books and other study materials, feeding, housing etc. Hence they have to look for other sources of finance to meet expenditure.This finance however must be sharī'a compliant, 95 thus, it must conform to the rules of Islam.Consequently, donations or scholarships related to banks that operate on profit cannot be accepted. 96o avoid violating the rules of Islamic law is why many Muslim students in America are not allowed to take American medical insurance, indispensable for medical treatment and taking care of general medical expenditure.The Committee holds that such an insurance is similar to commercial insurance (al-taʼmīn al-tiǧārī) and is considered to contain excessive risk or a gamble (al-ġarar al-fāḥiš waʼl-muqāmara), which makes it unlawful. 97ike many other students, even Muslim students sometimes cannot afford the cost of housing alone and are therefore compelled to share accommodation with other students who might belong to other religious faiths or simply be atheists.This unpleasant situation has been the subject of clarification that some students put before the Laǧna, which stated that in general they should not stay with non-Muslims (lā yaḥull la-ka an yuqīm ma'a ġayr al-muslimīn); on the other hand, if this is not possible, the sharing of accommodation with a non-Muslim is allowed, as long as the Muslim student takes it upon themself to invite their housemate to Islam, both verbally and practically.For this reason they must maintain gentle behaviour to their housemate with the objective of winning them over by being gentle even when they offend Islam, and should accept and exchange invitations to eat together. 98On the possibility of offering food to non-Muslims specifically, the Committee has clarified an important issue of Islamic law: 'The qualification of an action depends on the objective of that action, and vice versa.'To put it more clearly, if it is obligatory to achieve a certain objective, the action that leads to achieving that objective becomes obligatory too (iḏā kānat al-ġāya wāǧiba waǧibt al-wasīla, iḏā kānat al-ġāya muḥarrama ḥarramt alwasīla).As mentioned above, to offer food to the non-Muslim is considered licit, because it has the intended objective of attracting someone to Islam (da'wa).Obviously the food 94 Fatāwā al-laǧna 1996, vol.8: 186.95 From this point of view, it is interesting to note how the necessity for the Muslim student to finance their studies by taking a loan that conforms to Islamic rules (sharī'a compliant) has induced the British government to consult experts on Islamic finance to find an alternative solution to the traditional system of loans, an option that 'meets the needs of students who believed that a student loan was incompatible with their beliefs'.In this regard, it wanted 'to hear from Muslims about the acceptability of the finance product, since it is important that any sharia-compliant finance product is transparent, understandable and acceptable to the majority of students who might wish to apply for a finance of this type'.offered must be ḥalāl, and if it is in Ramadan the food must be offered during the hours it is permitted to eat. 99Food is the theme of another question posed by some Muslim students in America, who asked the Committee if it was lawful to eat locally produced meat (laḥm, pl.luḥum).Basing on verse 5:5 of the Quran, 100 the Laǧna stated that according to the general rule, a Muslim can eat the meat of an animal slaughtered by Christians and Jews (People of the Books) as long as it is an animal which is lawful according to the sharī'a (camels, cows sheep, chicken etc.).On the contrary, the meat of an animal slaughtered by disbelievers (kuffār), for example pagans (waṯaniyyīn), by atheists (man lā dīn lahum) and communists (šuyū'iyyīn) cannot be eaten.Regardless of the general rule cited here by the Committee, it also advises against eating meat sold in the US, especially in cases in which the believer has doubts whether Islamic rules regarding slaughter have been applied. 101In another response, however, the Laǧna has softened its position.It affirmed that it is forbidden to eat meat or cheese to which the fat or blood of pork has been added, as long as such addition is certain.Instead, in case of doubt such meat can be eaten. 102The rule is that whatever food is to be considered licit can be eaten, until and unless there is concrete proof that there is something that renders it illicit. 103he Laǧna has also talked about the case in which a Muslim student's stay with a non-Muslim is not for economic reasons but for the sake of improving their skills in the language of the non-Muslim.The Committee was consulted on the issue of students residing with an American family regarding the immense advantage for the Muslim students in acquiring practical knowledge of the English language.It responded by saying that it is better for the Muslim to live with other Muslims, and stay as far away as possible from disbelievers regardless of their nationality, since this is the only way they can preserve their religion and morals.In fact proximity to non-Muslims is considered a source of temptation that can induce the Muslim to take the wrong path.It is for this reason that the Committee has established that it is unlawful for a Muslim to live in a family of disbelievers, especially when such a family contains women, because their limited sense of morals can become a serious temptation to the rectitude of the Muslim.Finally, practising the language is not enough of a necessity to justify cohabitation with the disbeliever. 104or Muslim students studying in Western countries, another fatwa was passed by the Committee-n.21052-regarding the academic robes (rūb) worn in some European and American universities on graduation day, during the formal ceremony in which students 99 Fatāwā al-laǧna, n.d., vol.14: 474, fatwa n. 1850.100 ʻThis day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them.And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers.And whoever denies the faith-his work has become worthless, and he, in the Hereafter, will be among the losers.' 101 Fatāwā al-laǧna 2003, vol.22: 411-412 (fatwa n. 19658), 417-418 (fatwa n. 18941), 451-452 (fatwa n. 21341).In another response (n.3262), the Committee affirms that it is permitted to eat food offered by Christians as long as it is licit and its 'statute is known'.(Fatāwā al-laǧna undated, vol.2: 75).
102 Fatāwā al-laǧna 2003, vol.22: 117-118 receive their diplomas or degrees.According to the Laǧna, such practice is unacceptable (lā taǧūz) because this robe worn by the students is considered typically Christian (min albisat al-naṣārā) and could end up violating the Islamic rule that forbids Muslims from imitating disbelievers (Christian, Jews, etc.). 105

Conclusion
The analyses of the responses issued by the Committee confirm results arrived at by other sources. 106For instance, according to Salafi Pietists, the Muslim has been forbidden from residing in a non-Islamic country.The consequent dangers of such an action are the undermining of their religion and morals.The possibility of residing in the territory of the disbelievers is allowed only in special cases, in which there is an effective necessity such as medical treatment, work, study etc.The stay in the dār al-kufr with the objective of meeting the demands mentioned above must, however, respect a series of rules such as the freedom to practise Islamic rituals, limiting contact with the disbelievers to only those occasions when trying to convert them to Islam (da'wa), without ever developing strong relations with them or criticizing them openly without offending.
105 Fatāwā n. 21052, 1620, 2301, 2358, in <http://www.alifta.com/Search/FatwaNumSrchDisplay.aspx?languagename=ar&lang=ar>.For some examples of actions carried out by the disbelievers, and which must not be imitated by Muslims, see response n.4566, in <http://www.alifta.com/Search/FatwaNumSrchDisplay.aspx?languagename=ar&lang=ar>. For example, the Committee, considering the cold weather characteristic of British winters, has recognized the necessity for Muslims who reside in Great Britain to sometimes shorten their hair, to facilitate its easy washing and drying.However, the same possibility should not be granted to those Muslims who want to have short hair only for the reason of imitating the hairstyles of the local disbelievers.Fatāwā al-laǧna undated, vol.5: 182, fatwa n. 2922.
The learning of languages other than Arabic, particularly those spoken by Christians (English, German etc.), is licit (ǧāʼiz) only when it has the function of serving a religious need (ḥāǧa al-dīniyya), that is, inviting non-Muslims to Islam (da'wa), or of a profane need (ḥāǧa al-dunyawiyya), for example, for reasons of work; otherwise it is considered despicable (makrūh).Fatāwā al-laǧna 1998/1419, vol.12:  133-134, fatwa n. 4967 and n. 8864 84Fatāwā al-laǧna 2003, vol.19: 287-288, fatwa n. 9387.85Fatāwāal-laǧna2003, vol.16: 220, fatwa n. 17813.86Fatāwāal-laǧna1998/1419, vol.12: 137-138.87InArabic "Hal yaǧūz al-safar ilà bilād amrīkā liʼl-dirasāt?".88 2635, in which it is established that a Muslim is expected to In the name of such functionality the Committee admits that the student can remain abroad for reasons of study even if the course they are doing obliges them to study theories such as that of Darwin, which does not agree with the principles of Islam.Fatāwā al-laǧna 1998/1419, vol.12: 139-140, fatwa n. 8152.Fatāwā al-laǧna 2003, vol.19: 344, fatwa n. 2301.92TheMuslim must be permitted to make the call to prayer (al-aḏān) and also to make announcements regarding the beginning of prayer (al-iqāma) wherever they are, either in Islamic countries or dār alkufr.Fatāwā al-laǧna undated, vol.6: 55-56, fatwa n. 12260.93 90 91 DEPARTMENT FOR BUSINESS INNOVATION AND SKILLS, n.d.: 5. On the possibilities of Muslims in the West to sign insurance contracts, see: ZARABOZO, n.d.