an emigration after the conquest—nor may anyone else—that would earn him the rank of those who emigrated before the conquest, entitle him to their designation and admit him to their ranks, for the obligation of that emigration has lapsed. Emigration nevertheless remains binding until the Day of Resurrection. By the unanimous agreement of the Muslims, anyone who embraces Islam in a land of unbelief must not remain there, subject to the laws of the polytheists, but must emigrate and join the Muslims in their lands, where their laws apply to him. The Messenger of Allah—Allah’s blessings and peace be upon him—said: “I disavow every Muslim who resides among the polytheists.” However, those who undertake this emigration are not forbidden to return to their homeland if it becomes a land of faith and Islam, whereas the Emigrants among the Companions of the Messenger of Allah—Allah’s blessings and peace be upon him—were forbidden to return to Mecca, on account of the merit Allah had reserved for them in this.

Section

Since the Quran, the Sunnah and the consensus of the Muslim community establish that anyone who embraces Islam in a land at war with the Muslims must emigrate and join the Muslims in their lands, rather than remain among the polytheists and dwell in their midst, lest he become subject to their laws, how can anyone be permitted to enter their lands for trade or any other purpose, where he will be subject to their laws? Mālik—may Allah Most High have mercy on him—disapproved of anyone residing in a land where the righteous predecessors are reviled. What, then, of a land where the Most Merciful is denied and idols are worshipped instead of Him? No one can feel at ease with this unless he is a bad Muslim whose faith is diseased.

Section

No Muslim may enter the land of polytheism for trade or any other purpose except to ransom a Muslim. If he enters it for any other purpose, willingly and without compulsion, this constitutes a blemish on his integrity that disqualifies him from serving as an imam