Authors
1 azad uni
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Law and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran.
3 Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
One type of migration is the migration of Muslims to non-Islamic lands. In Islamic jurisprudence, there is no general ruling for this type of migration. This research, using a descriptive-analytical method and using library resources, seeks to explain the duty of the Islamic government from the perspective of the two sects regarding the phenomenon of Muslim migration to non-Islamic countries. To achieve this goal, after the jurisprudential explanation of the intended concept of migration and non-Islamic lands, the evidence that makes migration to these lands permissible or obligatory has been explained. The emergence of factors such as the inability to preserve religion and self in the land of origin, the need to propagate religion, and the existence of significant interests will lead to the ruling that migration is obligatory. However, on the other hand, evidence can be found based on which the Islamic government is permitted to restrict or prohibit migration. The achievement of the article is that, based on some evidence, the Islamic government can prevent Muslim immigration or adopt the necessary guarantees to require the return of immigrants, despite the components related to the personal interests of individuals. These evidences include: the rule of negation of the mustache, the obligation to preserve the biological and sovereign system by the Islamic government, the necessity of preserving the generation, and the necessity of safeguarding the religion and epistemological values of immigrants.
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