I said to him: And perhaps she might become pregnant with a child, and the child would then be with them. He said: This is also [a risk]. As for the one who enters their land with a guarantee of safety, such as a merchant and the like, he is the one whom al-Khiraqi intended, if Allah the Almighty wills, so it is not appropriate for him to marry; because he cannot be certain that his wife will not bear a child, who would then fall into the power of the disbelievers, and perhaps grow up among them and become established in their religion. If, however, desire overcomes him, it is permitted for him to marry a Muslim woman, because it is a situation of necessity, and he should practice withdrawal (azl) with her so that she does not bear a child. He shall not marry among them, because if his wife is one of them, she will overcome him regarding his child, and the child will follow her in her religion. The Qadi said, regarding the statement of al-Khiraqi: This is a prohibition of dislike (karaha), not a prohibition of unlawfulness (tahrim); because Allah the Almighty said: "And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with your wealth" (Surah an-Nisa: 24). Also, because the default principle is permissibility, so it is not prohibited based on doubt and speculation. We have only disliked for him to marry among them for fear that they might overcome him regarding his child, enslave him, and teach him disbelief; thus, in his marrying one of them, there is an exposure to this great corruption. The dislike is increased if he marries one of them, because the outward appearance is that his wife will overcome him regarding his child and cause him to become a disbeliever, just as the rule of Islam is the supremacy of Islam in cases where one of the parents converts, or if a Muslim marries a dhimmi woman. And if he buys a slave woman from among them, he shall not have intercourse with her in the private parts while in their land, for fear that they might overcome him regarding her child, enslave him, and cause him to become a disbeliever.
Section on Migration (Hijra): It is the departure from the Abode of Disbelief to the Abode of Islam. Allah the Almighty said: "Indeed, those whom the angels take [in death] while wronging themselves, [the angels] will say, 'In what [condition] were you?' They will say, 'We were oppressed in the land.' They will say, 'Was not the earth of Allah spacious [enough] for you to emigrate therein?'" (Surah an-Nisa: 97), and the following verses. It has been narrated from the Prophet, peace and blessings of Allah be upon him, that he said: "I am disassociated from any Muslim who lives among polytheists, whose fires cannot be seen by one another." Narrated by Abu Dawood, [al-Nasa'i, and al-Tirmidhi]. Its meaning is that he should not be in a place where he can see their fire, and they can see his fire, when it is lit. This is in many verses and reports other than these two. The ruling of migration remains; it does not cease until the Day of Resurrection, according to the opinion of the generality of scholars. A group said: Migration has ceased, because the Prophet, peace and blessings of Allah be upon him, said: "There is no migration after the Conquest [of Makkah]." He also said: "Migration has ceased, but there remains Jihad and the intention." It is narrated that when Safwan ibn Umayya accepted Islam, it was said to him: "There is no religion for the one who does not migrate." So he came to Medina, and the Prophet, peace and blessings of Allah be upon him, said to him: "What brought you here, Abu Wahb?" He said: "It was said that there is no religion for the one who does not migrate." He said: "Return, O Abu Wahb, to the valleys of Makkah; remain in your dwellings, for migration has ceased, but there remains Jihad and an intention." Sa'id narrated all of that. As for us, we rely on what Mu'awiyah narrated, saying: I heard the Messenger of Allah, peace and blessings of Allah be upon him, say: "Migration will not cease until repentance ceases, and repentance will not cease until the sun rises from its west." Narrated by Abu Dawood. It is also narrated from the Prophet, peace and blessings of Allah be upon him, that he said: "Migration will not cease as long as there is Jihad." Sa'id and others narrated it, along with the absolute nature of the verses and reports indicating it, and the realization of the meaning that necessitates it in every era. As for the first hadiths,
(11) Surah an-Nisa: 24. (12) In (M): "taghlib". (13) In (M): "al-muslim". (14) The word "idha" is omitted from (M). (15) Surah an-Nisa: 97. (16) In the original and (A): "narahuma". (17) Omitted from (M). It was recorded by Abu Dawood, in: Chapter on the Prohibition of Killing One Who Seeks Refuge in Prostration, from the Book of Jihad. Sunan Abi Dawood 2/43. And al-Nasa'i, in: Chapter on Retaliation Without an Iron Weapon, from the Book of Qasamah. al-Mujtaba 8/32. And al-Tirmidhi, in: Chapter on what has been narrated concerning the dislike of residing among the polytheists, from the Chapters of Siyar. 'Aridat al-Ahwadhi 7/104, 105.
