Answer
Wa `alaykum as-salamu wa rahmatullahi wa barakatuh.
In the Name of Allah, the Most Gracious, the Most Merciful.
All praise and thanks are due to Allah, and may the peace and blessings of Allah be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you have placed in us. We implore Allah, the Almighty to help us serve His cause and render our work for His Sake alone.
A Muslim is allowed to live in a non-Muslim country as long as he can practice his duties and everyday acts of worship provided that he is confident that he can resist the temptations there and is able to take the precautionary measures prescribed by the Shari’ah. If one cannot carry out such duties, he needs to find a country where he can practice his religion freely.
In his response to a similar question, Shaikh M. S. Al-Munajjid, a prominent Muslim Saudi lecturer and author, states,
In principle, it is not permissible for a Muslim to settle among non-Muslims. There are proofs for this ruling in the Qur’an and the Sunnah.
In the Qur’an, Allah says, “Verily, as for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say: In what (condition) were you? They reply: We were weak and oppressed on the earth. They (angels) say: Was not the earth of Allah spacious enough for you to emigrate therein? Such men will find their abode in Hell — what an evil destination!” (An-Nisa’ 4:97)
In the Sunnah, the Prophet, (peace and blessings be upon him), said, “I disown every Muslim who settles among non-Muslims.” (Abu Dawud)
Moreover, a Muslim who settles among non-Muslims cannot carry out many of the duties and everyday acts of worship of Islam, in addition to the fact that he thus exposes himself to temptations because permissiveness in those countries is protected by their laws. A Muslim should not expose himself to temptation and trials.
However, if we look at what is really taking place in Muslim countries, we cannot agree with the questioner when he says, “Especially since Muslim countries are no longer so different from others with regard to adherence to the laws of Islam.” This generalization is not altogether correct. Muslim countries vary with regard to their adherence to the laws of Islam, and even within each country regions and cities may vary in that regard.
Similarly, non-Muslim countries are not all the same with regard to their permissiveness and moral laxity.
So, given that Muslim countries vary, as do non-Muslim countries, and given that a Muslim cannot just go and settle in a non-Muslim country because of visa requirements etc, and that a Muslim may not even be able to practice his religion in some Muslim countries, when he may be able to do so, in whole or at least in part, in some non-Muslim countries – for all these reasons it is impossible to issue a general ruling that will encompass all countries and individuals. Rather, we should say that each Muslim has his own unique set of circumstances and his own particular ruling that applies to him and his situation and each person is accountable for himself. If he is able to practice his religion in the Muslim country where he lives more than he can in a non-Muslim country, then it is not permissible for him to settle in a non-Muslim country. However, if the opposite is true, then it is permissible for him to settle in a non-Muslim country provided that he is confident that he can resist the temptations that are found there and is able to take the precautionary measures prescribed in Shari’ah.
The following are some scholarly comments that support what has just been said:
Shaikh Ibn ‘Uthaymeen, (may Allah have mercy on him) was asked about this issue and he said,
This is one of the most difficult issues nowadays because countries vary and because, for some Muslims, if they return to their homelands, they will be persecuted, whereas they are safe in some non-Muslim countries. So, if we say that it is impermissible for such people to settle among non-Muslims, then where is the Muslim state that will accept them and allow them to settle there? Indeed, there is none.” This is the meaning of what he said, may Allah have mercy on him.
Sheikh Zakariya al-Ansari said in his book Asna al-Mataalib,
It is obligatory to migrate from non-Muslim lands to Muslim lands for those who are able to do so, if they are unable to practice their religion openly where they are.
Ibn al-`Arabi al-Maliki said,
Hijrah means leaving Dar al-Harb (countries where the law of disbelief prevails) and going to Dar al-Islam (Muslim lands). This was obligatory during the time of the Prophet (peace and blessings be upon him) and remains so until the end of time for those who fear for their lives.
Al-Hafiz Ibn Hajar said concerning the hadith, “I disown every Muslim who settles among non-Muslims,
This is to be understood as referring to those who are not permitted to practice their religion and are not safe to do so in that place.
In The Encyclopedia of Fiqh it is stated,
Dar al-Harb refers to every place in which the rule of disbelief prevails. One of the rulings that have to do with Dar al-Harb is to migrate. With regard to migration from Dar al-Harb, jurists have divided people into three categories:
a) Those who are obliged to migrate are those who are able to migrate and who cannot practice their religion openly in Dar al-Harb. It is obligatory for a female even if she does not have a mahram, if she believes it is safe for her to travel, or if the risk of travelling is less than the risk of staying in Dar al-Harb…
b) Those who are not obliged to migrate are those who are unable to do so, either due to sickness or because they are forced to stay in a non-Muslim land; in addition to those who are weak, such as women and children. Allah says, “Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way.” (An-Nisa’ 4:98)
c) Those for whom migration is mustahabb (desirable) but not obligatory are those who are able to migrate but are also able to practice their religion openly in Dar al-Harb. It is mustahabb for such a person to migrate so that he can participate in jihad and increase the number of the Muslims.
Allah Almighty knows best.
Excerpted, with slight modifications, from www.islamqa.info