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Fatwa ID: 2581
Title: What does islam say about illegal immigration?
Category: Islamic Politics
Scholar: Dr.Salah Al-Sawy
Date: 01/28/2007

Question

Islam hasn`t set any limits and borders on the surface of this earth, mankind has created countries and divided this land between nations so people became prisoners on this earth or are forced to move on it against their will and the policies of most countries especially the wealthy ones. II. Islamic beliefs on legal/illegal immigration.

A. Is it haram or halal?

B. Different beliefs from different scholars.

C. Does the Quran/Hadiths state anything about this?

please answer me


Answer

In the Name of Allah, the Beneficent, the Merciful

 

There is no dispute that Allah, the Almighty and Exalted, made the earth a place for all of His slaves to settle, the good of them and the bad of them. {And the earth He has put for the creatures.} [Surat ur-Rahman 55:10] Likewise, He has sent provision for all of His slaves, believers and disbelievers alike. {"…and provide its people with fruits, such of them as believe in Allah and the Last Day." He (Allah) answered, "As for him who disbelieves, I shall leave him in contentment for a while…"} [Surat ul-Baqarah 2:126]

 

This right is like others of its type; Allah`s slaves are entitled to establish order in His land. Man has the God-given right to pursue whatever is in his best interest and to prevent all forms of aggression and injustice. Thus, when the Islamic State, which is established seeking solely the justice of Islamic Law, sets up rules governing immigration to it in order to protect the integrity of its civilization, morality, culture and society, according to its interpretation of the sources, and its economic and political capabilities, there is nothing wrong in doing so. That is because [the government] does not issue the right in principle, but rather, regulates it in practice. Perhaps it is extraneous to mention that we are speaking about the Islamic State which is bound by the authority of Islamic Law and not about countries that call themselves Muslim but that adopt secularism as their political system and seek judgment in their general affairs from other than what Allah has revealed. In a country like this, the Muslim may move between its various regions without the obstacle of borders or restrictions.

 

Whatever the real Islamic State implements of this [regulating border traffic] according to legitimate Islamic considerations, other countries practice according to considerations of human reasoning and according to their political, economic and social interests. These are often mixed with aggression and personal preference and are motivated by racial prejudice and hatred, which they then enforce by law and protect through their power and influence in the international community. They interpret it a part of their untouchable and inviolable leadership. Once again, we are not talking about the essential principle of this right; rather, we are referring to the aggression and personal desire that corrupt its regulation.

 

The point is that whoever wants to immigrate to a country will inevitably be restricted by its system and will have to take into consideration the rules and legal procedures regulating this immigration, which they enforce by law. As such, he will have entered into a contract of mutual security in which he is protected from them and they are protected from him. No one is exempt from this except the refugee fleeing for his life from almost certain death, torture, or fear for his religion, family or property, provided that this [country] is the only place he finds to run to where he can find protection above any land and under any sky. Then he may present his case before the parties responsible in the place to which he has immigrated. Perhaps Allah will make someone inclined to sympathize with him and acknowledge his plight and circumstances. And our intention is for Allah and He is more exalted and more knowledgeable.
 
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