4. An-Nisaa

Different forms of Emigration and their Rules

Hijrah (Emigration) mentioned in verse 89 has been taken up in detail under the commentary on verse 100 of Surah al-Nis-a' which appears a little later. At this point, it is sufficient to know that Emigration from the homeland of Disbelief (Darul-kufr) was enjoined on all Muslims during the early period of Islam. It is for this reason that Allah Almighty has prohibited treating those who fail to carry out this obligation as Muslims. Consequently, when Makkah was conquered, the Holy Prophet declared: ھِجرَۃَ بَعدَ الفَتح لَا (There is no Hijrah after the Victory). It means: ‘Now that the Conquest of Makkah has made it the Abode of Islam, emigration from there was no more obligatory.' This rule related to the period of time when Emigration was considered to be a pre-condition of anyone's faith. During those days, anyone who did not emigrate despite having the ability to do so was not taken to be a Muslim. But, later on, this injunction was abrogated1 and now this mode of Emigration has ceased to exist.

1. It means that emigration no longer remained a pre-requisite for his being Muslim. However, if a Muslim lives in a non-Muslim country where he cannot fulfill his religious obligations, it is incumbent on him to emigrate if he has the means to do so. (Muhammad Taqi Usmani)

There remains, however, another form of Hijrah which has been identified in a hadith of Sahib al-Bukhari where it was said: لَا تَنقَطِعُ الھِجرَۃُ حَتَّی تَنقَطِعَ التَوبَۃ . It means that Hijrah (not in the sense of abandoning one's homeland, but in the sense of abandoning one's sins) will continue to exist until there remains the time to repent.

` Allamah ` Ayni, the commentator of al-Bukhari has said about this Hijrah: اَنَ المرَادَ بِالھجِرَۃِ البَاقِیۃِ ھِیَ ھَجرُ اَلسَّیِّاتِ (This later Hijrah means the abandonment of sins). This subject also finds elucidation in a hadith of the Holy Prophet ﷺ where he is reported to have said: اَلمُھَجرُ مَن ھَجَرَمَا نَھَی اللہُ عَنہُ. It means that a Muhajir (Emigrant) is one who emigrates ('hajara': abandon, leave) from everything prohibited by Allah Almighty (al-Mirqat, v.1)

The discussion appearing above tells us that, technically, the word, Hijrah is applied in a dual sense:

1. To leave one's homeland in order to save one's faith as was done by the Companions, may Allah be pleased with them all - they left their homeland of Makkah and emigrated to Madinah and Ethiopia.

2. To leave one's sins.

The words of the verse 89: وَلَا تَتَّخِذُوا مِنْهُمْ وَلِيًّا وَلَا نَصِيرً‌ا (and do not take from them a friend or a helper) tell us that seeking help from disbelievers is forbidden (Haram). Pursuant to this, it appears in a narration that the Ansars of Madinah sought the permission of the Holy Prophet $ to seek help from the Jews to offset disbelievers whereupon

he said: v 'I (The bad ones! We do not need them). (Mazhari, v.2

Commentary

Sequence of Verses

Linked with earlier verses dealing with fighting and killing, all forms of killing, in the first instance, are eight in number because the person killed is covered by one of the four conditions which follow. Either, he is a Muslim; or, he is a Dhimmi (a free, protected, non-Muslim resident of a Muslim state); or, he is beneficiary of a peace pact and has been assured of the protection of his life, property, honour and religion; or, he is a belligerent disbeliever. Then, killing is of two types: intentional, or accidental. Thus, we see that there are only eight possible forms of killing:

1. The intentional killing of a Muslim.

2. The accidental killing of a Muslim.

3. The intentional killing of a Dhimmi.

4. The accidental killing of a Dhimmi.

5. The intentional killing of a person with whom there was a pact of peace.

6. The accidental killing of a peace pact beneficiary.

7. The intentional killing of a belligerent disbeliever.

8. The accidental killing of a belligerent disbeliever.

Injunctions covering some of these situations have appeared earlier; some find mention later, and some others are contained in hadith. Thus, the injunction relating to the first situation enforceable in this life, that is, the obligatory duty of taking 'even retaliation' (qisas) from him finds mention in Surah al-Baqarah and the injunction applicable to the Hereafter follows a little later in verse 93 beginning with: وَمَن يَقْتُلْ (And whoever kills....). The second situation appears in Verse 92 from وَمَا كَانَ لِمُؤْمِنٍ (It is not for a believer to kill any believer) to وَهُوَ مُؤْمِنٌ فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ مُّؤْمِنَةٍ. (and if he i.e., victim was a believer...). The injunction covering the third situation appears in a hadith from Darqutni where the Holy Prophet ﷺ has been reported to have subjected a Muslim to 'even retaliation' (qisas) to compensate a Dhimmi (non-Muslim resident of a Muslim state) (اَخرَجَہ الزیلعی فی تَخرِیج الھدایہ) The injunction for the fourth situation appears also in verse 92: وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ; (and if he is from the people with whom you have a peace treaty). The fifth situation has already been taken up in verse 90 of the previous section under: فَمَا جَعَلَ اللَّـهُ لَكُمْ عَلَيْهِمْ سَبِيلًا (then Allah has not made it permissible for you). The injunction governing the sixth situation has been mentioned alongwith the one relating to the fourth situation because the peace covenant is general and covers the permanent and the temporary both. Thus, it includes Dhimmi and Musta'min both, l irrespective of their permanent or time-bound guarantee of peace and protection. (A1-durr-al-Mukhtar Kitab al-diyat)

1. Salam : the word prescribed by Islam for greeting, i.e. Assalamu ` alaiykum...

The injunction relating to situations 7 and 8 is already evident from the very legalization of Jihad itself which has appeared earlier (86) because belligerent disbelievers are killed intentionally. If killed accidentally, its justification will stand proved in a higher degree. (Bayan al-Qur'an)

Three kinds of homicide and their respective injunctions

1. Qatl al-Amad …

CommentarySequence of Verses

Stern warning has been given against the killing of a Muslim in previous verses. Now it is being said that the apparent profession of Islam is all that is needed for a Muslim to be regarded as a Muslim obligated to observe the laws of the Shari’ ah. So, it is necessary to abstain from the killing of a person who professes Islam. Furthermore, it is also not permissible to dig deep into his inward state of belief just because of some suspicion and to keep waiting for a definite proof of his certitude in faith in order that Islamic laws can be applied in his case. This is what happened during some battles with disbelievers when some Companions were unable to observe the fine line of distinction in this rule. On those occasions, there were some people who presented themselves as Muslims but some Companions took their profession of Islam as a lie and killed them, taking their belongings as war spoils. Allah Almighty condemned this indiscretionary practice. However, an admonition was considered sufficient and no severe warning was revealed for them against this act because the Companions did not know the rule clearly till that time. (Bayan a1-Qur'an)

Signs of Islam are sufficient to identify a Muslim:

In the first of the three verses cited above, the guidance given is that in the case of one who professes to be a Muslim, no Muslim is allowed to interpret his declaration of Islam as hypocrisy, without certain knowledge and proof. This verse (94) was revealed in the back-ground of certain episodes relating to some Companions where they had not taken the correct line of action.

So, it has been reported from Sayyidna ` Abdullah ibn ` Abbas in Tirmidhi and the Musnad of Ahmad that a man from the tribe of Banu Sulaym met a group of the noble Companions who were going on a Jihad mission. This man was grazing his goats. He offered salam greetings to the group which was a practical demonstration of his being a Muslim. The Companions thought that this man was just pretending in view of the situation before him. Thus, taking his profession of Islam as a ruse to save his life and property whereby he could get away from them by tricking them with greeting in the Muslim style, they killed him and appropriated the herd of his goats as war spoils which they took to the Holy Prophet ﷺ . Thereupon, this verse was revealed. It laid down the rule: Do not take anyone who greets you by offering salam in the Islamic manner as a pretender and never assume, without valid proof, that his profession of Islam was a trick and never take possession of his property as spoils. (Ibn Kathir)

There is another narration from Sayyidna ` Abdullah ibn ` Abbas ؓ which has been reported by al-Bukhari briefly and by al-Bazzar, in details. According to this narration, the Holy Prophet ﷺ sent out a group of mujahidin which included Sayyidna Miqdad ibn al-Aswad. When they reached the designated spot, everyone present there ran away. The only man left there had a lot of valuable things with him.

Facing the Companions, the man recited the kalimah: اَشھَدُ اَن لَّا اِلہَ اِلَّا اللہُ (I testify that there is no god but Allah). But, Sayyidna Miqdad ؓ assuming …

Some Injunctions about Jihad

The second verse (95) takes up some injunction related to Jihad. It says that people who do not participate in Jihad without some valid excuse cannot be equal to those who fight in the way of Allah staking everything they have, even their lives. In fact, Almighty Allah has raised the ranks of those who fight in the way of Allah over those who do not. However, along with this declaration of the precedence of Mujahidin, it was also said that Almighty Allah has promised good returns for both groups. Both shall be blessed with Paradise and Allah's forgiveness - the only difference between them will be that of ranking.

According to leading exegetes, this verse tells us that Jihad is Fard ` ala al-Kifayah under normal conditions. Fard Kifayah, as opposed to Fard ` ala al'Ayn (an obligation for every individual), is an obligation of sufficiency. It means that should some people fulfill it, the rest of Muslims stand relieved subject to the condition that those engaged in Jihad must be sufficient for that Jihad. If the situation is otherwise, Jihad will become an obligation (Fard 'Ayn) on all Muslims living in the neighbouring areas who will have to come forward to help the Mujahidin.

The Definition of Fard Kifayah

In the terminology of the Shari’ ah, Fard ` ala al-Kifayah refers to obligations the fulfillment of which is not mandatory on every individual Muslim. Instead, if some fulfill it, that will be good enough. Most activities of a collective nature fall under this category. Teaching of religious sciences and their wider dissemination is also an obligation of this nature - if some people are devoted to the fulfillment of this obligation and their number is fairly sufficient, then, other Muslims are absolved of this duty. But, should it be that just about nobody is discharging this obligation wherever there be the need to do so, then, everyone becomes a sinner.

The Salah for the deceased, the bathing and shrouding of the body is also a collective obligation, for a brother fulfills the rights of a Muslim brother and this is how it is supposed to be, a requirement of the Islamic law. The making of Masajid and Madaris (mosques and religious schools) and running programmes of public welfare are included under this very injunction that is, if some Muslims do that, the rest stand absolved of the obligation.

Generally, injunctions related to collective needs have been, of necessity, classed as Fard Kifayah by the Shari’ ah of Islam so that all duties can be discharged under the principle of distribution of work. Thus, some people would be engaged in Jihad, others in education and da'wah activities and still others in attending to various other Islamic or human needs.

The statement وَكُلًّا وَعَدَ اللَّـهُ الْحُسْنَىٰ (and to each, Allah has promised good) in this verse gives peace of mind to those who are engaged in religious duties other than Jihad. But, this injunction is operative in normal conditions when the Jihad waged by some people is sufficient for defence against the enemy attack. Should it be that their Jihad needs additional support, Jihad becomes an absolute obligation on neighbouring Muslims in the …

The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.

Ruling

Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.

The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.

Ruling

Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.

The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.

Ruling

Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.

The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.

Ruling

Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.

Commentary

The Definition of Hijrah

In the four verses cited above, the merits, blessings and injunctions of Hijrah have been described. Lexically, Hijrah, Hijran and Hajr mean 'being displeased with something and leaving it'. In common parlance, the leaving of one's home country is known as Hijrah. In the terminology of the Shari’ ah, leaving Dar al-Kufr (Homeland of disbelievers) and going to Dar al-Islam (Abode of Islam) is called Hijrah (Ruh al-Ma'ani).

In Sharh al-Mishkah, Mulla ` Ali al-Qari has said: Leaving a home country for religious reasons is also included under Hijrah (Mirqat, p. 39, v.l).

From the verse الَّذِينَ أُخْرِ‌جُوا مِن دِيَارِ‌هِمْ وَأَمْوَالِهِمْ (59:8): 'Those who have been driven away from their homes ...' revealed about emigrating Companions, we know if disbelievers of a country forcibly expel Muslims because they are Muslims, this too will be included under Hijrah.

From this definition, we learn that Muslims migrating from India to Pakistan who came here out of disgust for Dar al-Kufr at their own choice or were driven away by non-Muslims simply because they were Muslims, are all 'Muhajirs' in the Islamic legal sense. But, those who have moved to benefit from business or employment opportunities are not entitled to be called 'Muhajir' in that Islamic legal sense.

Then, there is the hadith from al-Bukhari and Muslim in which the Holy Prophet ﷺ has been reported to have said:

اَلمُھَاجِرُ مَن ھَجَرَ مَا نَھَی اللہَ عَنہُ وَرَسُولُہ

Muhajir is one who leaves everything Allah and His Messenger have prohibited.

The full sense of the saying becomes clear from the first sentence of this very liadith which is as follows:

اَلمُسلِم مَن سَلِمَ الممُسلِمُونَ مِن لِّسَانِہ وَیَدہہِ

A Muslim is the one from whom all Muslims remain safe - (safe) from his tongue and (safe) from his hands. (Tirmidh, Kitab al-'Iman)

As obvious, it means that a 'true and staunch Muslim has to be the one who hurts none. Similarly, a true and successful Muhajir is the one who does not consider migration from his home country as the ultimate obligation. He should, rather, leave everything else the Shari’ ah has declared to be unlawful or impermissible. Said poetically, it would be saying something like: اپنے دل کو بھی بدل جامہ احرام کے ساتھ (When you change into the Ihiram garment, better change your heart too! )The Merits of Hijrah

Just as the verses about Jihad are spread out all over in the Holy Qur'an, Hijrah too has been mentioned many times in most of the Surahs. A cumulative view of these verses shows that there are three kinds of themes in verses relating to Hijrah. Firstly, there are the merits of Hijrah; secondly, it’ s worldly and other-worldly blessings; and thirdly, warnings against not migrating from Dar al-Kufr despite having the ability to do so.

As for the merits of Hijrah, there is a verse in Surah al-Baqarah:

إِنَّ الَّذِينَ آمَنُوا وَالَّذِينَ هَاجَرُ‌وا وَجَاهَدُوا فِي سَبِيلِ اللَّـهِ أُولَـٰئِكَ يَرْ‌جُونَ رَ‌حْمَتَ اللَّـهِ ۚ وَاللَّـهُ غَفُورٌ‌ رَّ‌حِيمٌ ﴿218﴾

As for those who believed and those who migrated and carried out Jihad in the way of Allah, they do hope for Allah's mercy and Allah is Forgiving, …