Examining of Migration and its Rulings in Jurisprudence and Law

Abstract

Hijrah (migration) is primarily understood as the act of traveling from Dar al-Harb (the land of war) to Dar al-Islam (the land of Islam) for the purpose of learning and practicing Islamic law or converting to Islam. It also refers to the migration from Dar al-Kufr (the land of disbelief) to Dar al-Islam for those who are unable to openly express their faith and practice it. This article aims to elucidate the motivations and consequences of Hijrah in Islam and examine its rulings from the perspective of Islamic jurisprudence. The research employs a descriptive-analytical methodology, utilizing library-based research to discuss Hijrah and its legal rulings in Islamic jurisprudence. The study finds that in Islam, Hijrah is recommended in certain circumstances, such as seeking a place free from oppression, living a comfortable and dignified life within the framework of divine commandments, implementing Islamic teachings in daily life, and spreading the message of Islam. Furthermore, in Islamic jurisprudence, lands are divided into Dar al-Islam and Dar al-Kufr (or Dar al-Harb). Based on this division, Islamic scholars have classified the rulings of Hijrah into four categories: obligatory (Farz), recommended (Mustahab), permissible (Mubah), and prohibited (Haram). Thus, Hijrah may be considered obligatory, recommended, permissible, or prohibited, depending on the specific circumstances. Some scholars have also deemed the migration of individuals who can freely perform their religious obligations in Dar al-Harb to be permissible. In Islam, the motivations for Hijrah include achieving prosperity and security, propagating and expressing Islamic rituals, seeking knowledge, and acquiring skills to meet the needs of the Muslim community during migration.