Book of Trading in Enemy Territory

On trading in enemy territory and why scholars disapprove of it.

Mālik—may Allah have mercy on him—strongly disapproved of travelling to enemy lands for trade, whether by land or sea. In Ibn al-Qāsim’s transmission, he was asked about this and replied: “Allah has appointed for every soul5554 a lifespan it will complete and provision it will exhaust. Yet the traveller is subject to their laws, so I do not approve of this.”

The basis for this disapproval is that Allah Most High has required anyone who embraces Islam in the lands of unbelief to emigrate to Muslim lands, where Muslim laws apply to him. Allah Most High says:

“But those who believed and did not emigrate—you owe them no protection until they emigrate.” [al-Anfāl: 72]

And Allah Most High says:

“Indeed, those whom the angels take in death while they are wronging themselves—the angels will ask, ‘What circumstances were you in?’ They will reply, ‘We were oppressed in the land.’ The angels will say, ‘Was Allah’s earth not spacious enough for you to emigrate?’ Their refuge will be Hell—what an evil destination!” [al-Nisā’: 97]

According to Ibn ‘Abbās and other interpreters and commentators, this verse was revealed concerning some people of Mecca who had embraced Islam and believed in Allah and His Messenger, but stayed behind rather than emigrating with him when he emigrated. They were subjected to persecution and succumbed to it, and accompanied the polytheists in their war against the Muslims. Allah therefore refused to accept