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Q & A --> Faith and Doctrine --> The Ruling for Gaining Citizenship in a non-Muslim Country

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