Question :
A question was asked regarding the ruling for gaining citizenship in a non-Muslim country.
Fatwa in Brief: Gaining citizenship in a
non-Muslim country is illegal as this involves the
sponsorship [of non-Muslims], and agreeing to the
corruption that they [this country] is involved in.
The Permanent Committee, 69/2
Response:
For those Muslims who can [legally] stay in a country
anywhere in the world where they enjoy the right to
observe their religious rituals without harming [their
allegiance to] their own religion, then it is
permissable. National citizenship is in itself neither
good or bad, it is the consequences of acquiring that
citizenship that should be weighed carefully.
Commentary:
For those Muslims who can [legally] stay in a country
anywhere in the world where they enjoy the right to
observe their religious rituals without harming [their
allegiance to] their own religion, then ones residence
residence falls under three categories depending on the
individual circumstances:
1. Permissable, and in this case staying in that place
is as good as settling somewhere else.
2. Favourable [more so than being anywhere else], this
is in the case of one being able to benefit the
community in which one resides and can inform others
about ones religion and its moral excellence.
3. Necessary, and this is in the case that ones
migration/exodus would cause harm or certain damages [to
oneself or dependents].
The basis of this ruling is that a Muslim should live in
country where s/he can freely practise their religion.
However, if they must leave their country in order to
save (fararan) their religion, or to seek
knowledge and/or a livelihood, then this is permitted as
long as they continue to obey and fear God, and ensure
the religious security of their religiously appointed
dependents. If a Muslim parent imagines or doubts that
he may not be able to fully observe his Islamic
obligations, or that his children’s moral state may be
at risk, then he should return to his Muslim country.
Modern scholars hold two opinions regarding a Muslim
holding citizenship in a non-Muslim country. Some see
the prohibition against it as pre-emptive, and the
holding of citizenship [in a non-Muslim country] as one
of Islam’s greatest sins. Holding citizenship, in this
view, may lead to a genuine and unambiguous state of
unbelief. During [the French invasion of their country]
Tunisian scholars gave a legal opinion that obtaining
French citizenship should be considered an act of
apostasy from Islam. This is because, in gaining
citizenship, an individual sold his loyalty to his own
homeland, and bought the loyalty of the invader.
Reliable scholars have supported this opinion as the
Muslim who follows it is resisting invaders and, thus,
this fatwa is a weapon of jihad.
The second view of the majority of scholars–correctly–
regards the winning citizenship [of a non-Muslim
country] is, in itself, neither a good, nor bad thing.
Rather, the ruling pertains to the expected consequences
[whether adverse or advantageous] that would result from
such choices.
The presence of Muslims in non-Muslim countries has
simply become a reality [and thus as an inevitability].
These immigrant Muslims have naturally become members of
their adopted countries. Accordingly, their new
citizenship gives these Muslims legal rights, so that
they may be able to positively contribute to their
communities and work towards the common good.
We should always bear in mind that the highest aim of a
Muslim is to maintain his or her religion. So, whoever
believes that their children might be lost [to Islam],
or are worried that their faith [or that of their
children] is at risk, they should try and live in Muslim
countries, and not should not endeavour to hold any
other citizenship. The decisive factor is always a
Muslim’s ability to maintain his/her commitment to
Islam, and [that of] his/her children.
And God knows best.
Dr. Yassir ‘Abd al-‘Azim