The Muslims who were born in the lands of the disbelievers exceed hundreds of millions in number. Therefore, it is not possible to make a call or issue a single Fatwā obligating all of them to make Hijrah, leaving their lands to places unknown to them!

What can be given as an answer to this issue is that the Muslim who is born in the disbelieving nations is given the Shar'ī choice between three things, and he should look to that which is better for himself and his religion:

1) That he remain under their authority, security and covenant and enjoys what they offer him of rights, except that he is not to betray his pact with them and transgress against them in any way, especially if he is able to openly practice his religion, fulfill his religious obligations and engage in the important task of calling to Allāh, the exalted.

If it is said that this pact is between a Muslim and disbelieving nation, and it entails rights and obligations, and from these obligations are those that contradict the Shar', I say: there is nothing in the Sharī'ah to prevent complying with all of the rights and obligations that do not contradict the pure Sharī'ah. And it is obligatory to excuse oneself from any action that contradicts the Islāmic Sharī'ah and belief, and to work to prevent oneself from falling under anything that would lead to contradicting the Sharī'ah, as much as one is able, as there is no obedience to the creation - no matter who that person is - in disobedience to the Creator!

It should also be pointed out - as we mentioned before - that the Muslims in many of these lands, especially Europe, are able to openly manifest their religion and belief, and to verbally command the good and forbid the evil, and to fulfill their religious obligations with the utmost freedom - more so than the  Muslims in the Arab lands, or other lands that falsely refer to themselves as being Islāmic!

2) He can call off his pacts and covenants of security with them, and announce the commencement of Jihād and fighting, if he is able to do that, and the Shar'ī interests entail that he begin with them like this. In such a case, he is free of them and any covenants he has with them, and they are likewise free of him and any covenants they have with him, as well as compliance with these covenants, and they are each fair game for the other.

3) He can migrate, if he can find a way to make Hijrah to a better alternative to where he is currently living, all while keeping in mind the necessity of weighing the benefits and harms, motivations and goals, etc.

If it is asked: what if he cannot find a better alternative? I say: in such a case, he is not obliged to migrate, and his case is like the one who is unable to perform Hijrah, and the obligation is lifted from him. Moving from an evil to an equal evil is nothing but a waste of energy, potential and time, all without any achievement or benefit, and this is from the idleness that the Sharī'ah has forbidden.  

So these are the three choices that Islām has put in his hands and he can choose any of the three that he is able to fulfil, and that contain what is best for his religion, self, family and Ummah.

And Allāh Knows Best.

[Taken from the book 'al-Hijrah: Masā'il wa Ahkām'.]

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