During the lifetime of the Holy Prophet (s.a.w.s.) it was incumbent upon every person to migrate towards him (s.a.w.s.) to obtain instruction in religion and faith. In case he lived in the midst of unbelievers where he could not perform the obligatory acts of prayers and fasting, it was all the more necessary to migrate.
Failure to migrate and returning to nomadism is decreed to be a Greater Sin and the Almighty has promised Hell fire for such people.
After the passing away of the Holy Prophet (s.a.w.s.) it became wajib to turn towards the Holy Imams (a.s.) and to obtain the compulsory knowledge of faith and articles of Islamic acts. Also, it was most essential to attain the Ma'refat of Imam (a.s.) i.e. it was incumbent to have knowledge of one's Imam and also to learn the matters of belief and acts. It was also prohibited to turn back to paganism after the acceptance of Islamic faith. To remain aloof from the Holy Imam (a.s.) even after recognising their position is haraam. Thus, Shaykh Sadooq narrates from Huzaifa bin Mansoor that he has reported from Imam Ja'far as-Sadiq (a.s.) who said:
"To become A'araab after Hijrat is to recognise Imam (a.s.) and then be aloof from him."
(Maani al-Akhbaar)
Since the present age is the age of occultation of Imam-e-Zamana (a.s.) the same rules apply to us.
It is necessary to migrate towards the jurist
Hijrat is incumbent on two types of people. The first type are those who are absolutely ignorant of the rules of religion. If there is no religious scholar in the area of their residence, whom they can refer to for their religious problems, then, it is compulsory for them to shift to a place where they have access to religious scholars for the solution of their problems.
The second types are those Muslims who live in the midst of unbelievers, and due to the oppression of these infidels, they are unable to perform their religious duties. It is incumbent on these Muslims to migrate to an area where there is freedom to practice their religion. The Shia jurists have explained this matter clearly.
Order for migration is forever
The Messenger of Allah (s.a.w.s.) has told us:
"Hijrat is wajib till the doors of repentance close. The doors of repentance will not close till the sun rises from the west." (i.e. the order for migration will be in force till Qiyamat).
(Masalik)
Amirul Momineen Ali (a.s.) says:
"The order for Hijrat will be in force till Allah demands obedience from the inhabitants of the earth in the same way as the order was first promulgated in the time of the Holy Prophet (s.a.w.s.)."
It means that Hijrat will remain a compulsory duty till the time other religious duties remain obligatory on the people.
'They could not migrate from Mecca'
In the book of 'Masalik', the second martyr2 writes that the Holy Prophet (s.a.w.s.) has explained the meaning of the tradition of migration saying that it is specifically concerned with the migration from Mecca. Hence when Mecca was liberated from the domination of the unbelievers there was no need for the Muslims to migrate elsewhere. The order applies to only those Muslims who are unable to perform their religious duties. According to some scholars after the conquest Mecca there was no merit in migration from Mecca; just as there was a greater merit in Jehad and struggle for Islam before the conquest.
"...not alike among you are those who spent before the victory (of Mecca) and fought (and those who did not): they are more exalted in rank than those who spent and fought afterwards..."
(Surah Hadeed 57:10)
In order to understand the purport of this ayat let us study the following points:
Unit 66
Wajib, mustahab and mubah hijrat
The respected scholar Allamah Hilli writes in his book Mumtahi that there are three kinds of Hijrat (Migration), wajib (obligatory), Mustahab (recommended) and Mubah (permitted).
Wajib hijrat
Hijrat is wajib on a Muslim (not restrained by old age or disease) who lives in the midst of infidels where he can neither reveal that he is a Muslim, nor can he perform his religious duties.
Recommended hijrat
For those Muslims who live among infidels but who have complete freedom to practice their faith, it is recommended (Mustahab) to migrate to another area, if they are capable of doing so. However, if they have some legal excuse, migration is Mubah (Permitted) for them; it is not even Mustahab.
No migration from areas of Ahle-Sunnat
According to Sharhe Lumah and Jameal Maqasid, the first Martyr3 is believed to have said: "It is incumbent for a Muslim to migrate if he is living in the midst of infidels and is unable to follow Islam or perform his religious duties. In the same way a Shia who is living among the Ahle-Sunnat and is not able to perform the ritual acts of Shias is similarly required to migrate to areas populated with Shia people." However this view which is attributed to Muhammad Ibne Makki (the first martyr) is not compatible with the general Islamic principle. Because if a Shia is living among Sunnis he does not need to forgo his religious obligations. He can follow taqayya (dissimulation) and fulfill his ritual acts. He can perform the Islamic acts in the same manner as the Sunnis if he fears for his life or property. We do not have any tradition exhorting such people to migrate to another area. On the other hand the Holy Imams (a.s.) have time and again emphasised upon the adherence to dissimulation under such circumstances.
Support of the Martyr's view
Some scholars have supported the view of Muhammad Ibne Makki who stated the following tradition from Imam Ja'far as-Sadiq (a.s.) as quoted by Muhammad Ibne Muslim requested to explain the Islamic order for a person who during travel reaches a place where there aren't any stones or sand; all the area is covered with snow and the person becomes "mujnib" (semen has been discharged from him and he has to perform the wajib Ghusl for prayers). How can he do tayammum (substitute of Ghusl) in absence of mud or stone? Imam (a.s.) replied,
"Let him do tayammum with this very snow and pray. I do not consider it proper for him to again go to such a place where he might lose his faith."
According to those who support the view, since Imam (a.s.) has prohibited his followers to go to a place where it is impossible to perform ghusl and wuzu, the prohibition also applies to a place where it is not possible to perform wuzu and ghusl according to Shia procedures.
However, this is not a sufficient argument because the tradition prohibits going to a place where one is sure to be unable to perform some obligatory acts. On the other hand it is only a possibility that in areas of Ahle-Sunnat a Shia will be compelled to practise taqayya. Besides, even if a Shia practices taqayya and performs the obligatory acts like the Ahle-Sunnat, his acts are considered correct. Moreover, if there is no constraint it may be recommended for him to migrate from the area of Ahle-Sunnat. However, if he is unable to express his love for Ahlul Bayt (.a.s.) it will certainly be Mustahab for him to migrate.
Propagating Wilayat in areas of Kuffar
Samaad says that he told Imam Ja'far as-Sadiq (a.s.), that he was roaming to an area populated by polytheists and that he would have to stay there for some time. Some of the Momineen had told him that it was not advisable to travel there because if he were to die in that place he would be counted among the polytheists. Imam (a.s.) asked him if he would be able to propagate the Wilayat of Ahlul Bayt and invite people towards truth in that place? Samaad said, "Yes, master, there is total freedom of expression and religion. The people there, are receptive of truth." Then Imam (a.s.) asked whether such a freedom was possible in an Islamic area. Samaad said, "No! On the contrary we have to practise extreme taqayya, and none of us can even dare to utter the names of one of you (Imams)." Imam (a.s.) told him,
"If death overcomes you in such a place you would be counted as a monotheist community." [i.e. he will be equal to a whole community of monotheists; like Hazrat Ibrahim (a.s.)]. The light of belief will emanate from your face."
(Wasaelush Shia)
Allamah Majlisi (r.a.) writes in the Sharh of Al-Kafi that it is possible that A'araab means to become a nomad again or to forgo Hijrat after the order of Hijrat has been revealed. Like the prohibition of interest, which came into force only after the Divine command was revealed. Nevertheless, since the early period, failure to migrate without a valid reason or to migrate and then revert to nomadism, both of these are Greater Sin and promised the fire of Hell by the Almighty Allah.
Quranic view of nomadism and apostasy
We have already mentioned at the beginning of our discussion that nomad specifically applies to the desert Arabs who were away from the centre of Islam and could not learn the Islamic rules and regulations, nor could they remember and follow the articles of faith. In this connection the following verse was revealed in the Quran:
"The dwellers of the desert are very hard in unbelief and hypocrisy, and more disposed not to know the limits of what Allah has revealed to His Apostles; and Allah is Knowing, Wise."
(Surah Tauba 9:97)
The Almighty also says: "And of the dwellers of the desert are those who take what they spend to be a fine, and they wait (the befalling of) calamities to you; on them (will be) the evil calamity; and Allah is Hearing, Knowing."
(Surah Tauba 9:98)
Also:
"And of the dwellers of the desert are those who believe in Allah and the latter day and take what they spend to be (means of) the nearness of Allah and the Apostle's prayers; surely it shall be means of nearness for them; Allah will make them enter into His mercy; surely Allah is Forgiving, Merciful."
(Surah Tauba 9:99)
Ignorance of Islamic acts is a kind of nomadism
The above two verses which flay the infidel Bedouins are clear regarding the fact that the nomads were deserving of criticism not because of their being occupants of desert. It was because of their ignorance of articles of Islamic acts and belief. For those Bedouins who followed the Islamic religion, the Holy book has praised them in the third verse. They have been promised Divine Mercy.
On the basis of this, people who avoid learning Islamic rules and regulations and those who keep away from the centres of religious knowledge are in fact, nomads, and the verse denouncing the desert Arabs also applies to them even though they are living in cities.
The respected Imam Ja'far as-Sadiq (a.s.) remarked:
"Learn the rules of religion. Those of you who do not learn about religion are nomads. As the Almighty Allah says in His book, 'Why does not a company from you goes to learn about religion so that when they come back they can warn their people in order they may become fearful (of disobeying Allah).'"
(Behaarul Anwaar, Book of Aql)
Thus one who does not try to learn about religion and articles of faith is a desert occupant. The Imam (a.s.) also told his followers:
"Knowledge of the Divine religion is incumbent on you. And do not become a nomad. Because if you fail to comprehend a religious act, Allah will not look upon it with Mercy on the Day of Qiyamat and He will not purify that deed."
(Shaheed-e-Thani)
One who learns but does not act upon it is also a nomad
Muhaddith Faiz writes in Waafi that it is possible that the above pronouncement may also apply to those who learn about the Islamic rituals and practices but fail to act upon them. He also quotes a tradition from Imam Ja'far as-Sadiq (a.s.) to prove this point. Allamah Majlisi (r.a.) states in the Sharh of Al-Kafi that some scholars are of the opinion that being a nomad in the present time applies to those who after acquiring religious instructions, do not act upon them and remain aloof from Islamic knowledge.
Amirul Momineen Ali (a.s.) says:
"A man says that he has migrated, though in fact he has not. Because a migrant is the one who abandons sins and does not even go near them. And a person says that he has fought in the way of Allah but in reality he has not, because Jehad is the leaving of sinful acts and a war against enemy inside our own self. Whereas many people go out to fight not for the obedience and satisfaction of the Lord. Their motive is only to gain fame so that people may praise their bravery and fearlessness."
(Behaarul Anwaar vol.15)
Desert of ignorance and negligence
From the Quranic verses, the traditions and writings of the Islamic scholars we can conclude that nomadism implies the condition of a person who is ignorant and unaware of Allah Almighty's Nobility of which human beings are capable and the eternal bliss which one can achieve, and instead he is totally immersed in the desires of this transient world. He is oblivious to righteousness and does not refrain from committing any sin or evil. He does not care to acquire knowledge (Ma'refat), nor does he pay attention to good deeds, that would fetch him eternal rewards in the Hereafter. It would surely deprive a person of salvation and eternal bliss.
Hijrat (migration) is the exact opposite of Nomadism. Nomadism after Hijrat (migration) implies that a person migrates to Islam and obtains knowledge of religion and then reverts to his former ways. It can be said that performing some good actions for some time and then leaving them is also a kind of reverting to nomadism. The denouncement is valid only if the person does this due to laziness and sloth and not due to some real hindrance or helplessness. It is necessary to continue to perform good actions once we have begun them. As far as possible we should not discontinue them.
Jabir Johfi quotes Imam Ja'far as-Sadiq (a.s.) to have said:
"I like to continue good actions so that I become habitual in them. If I could not perform a particular deed in the day I make up for it during the night and if I do not perform an action during the night I make up the following day. Certainly the best of the deeds near Allah are those which one continues. Hence all the deeds of the week are presented to Imam (a.s.) every Thursday and the deeds of the month at the end of the month and all the deeds of the year at the middle of Shabaan. So if you begin a good ritual, keep at it for the whole year." (i.e. continue it for at least a year).
(Behaarul Anwaar)
Neglecting religious knowledge
If a person begins to acquire religious knowledge but later discontinues the same it is considered reverting to nomandism by some. However, it is Haraam only if his religious education is obligatory (i.e. if he leaves it, he will go astray). However, it is incumbent to continue acquiring knowledge till the end of one's life so that one can continue to perform good deeds with sincerity and purity of intention. In this way a person becomes righteous and deserving of the rewards of his good deeds, both in this world and the hereafter.
As the Holy Prophet (s.a.w.s.) has said:
"Acquire knowledge from the cradle to the grave.
The twenty-ninth sin, that is classified as a Greater Sin is 'Helping the oppressors'. Fazl Ibne Shazaan has narrated from Imam Reza (a.s.) that he said concerning the Greater Sins:
"And helping the oppressors and bending (leaning) towards them."
In the narration of Amash from Imam Sadiq (a.s.) the following is mentioned, "Not helping the oppressed people is a Greater Sin." In other words helping the oppressors is also a Greater Sin.
Imam Musa Ibne Ja'far (a.s.) says:
"To participate in the activities of the oppressors and to endeavour to achieve their evil objectives and to help them is equal to infidelity and to knowingly lean towards them is a Greater Sin and deserves Hell."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) similarly says:
"On the night of ascension (Meraj), I saw the following inscription on the doors of Hell, 'DO NOT BE A HELPER OF THE OPPRESSORS.'"
(Wasaelush Shia)
It means that if one does not wish to enter Hell he must refrain from co-operating with the oppressors. Moreover, this is a sin that is promised Divine punishment by the Almighty in the Holy Quran.
"And do not incline to those who are unjust, lest the fire touch you, and you have no guardians besides Allah, then you shall not be helped."
(Surah Hud 11:113)
According to Tafseer Minhajus Sadeqeen 'do not incline' means we must not have the slightest inclination towards the oppressors. Hence we must not treat them honourably nor mix with them freely nor express our affections for them. We must not be greedy of their gifts, nor should we praise them and obey their orders. When such are the prohibitions against the oppressors, it is obvious that then it cannot be lawful to help them and co-operate with them in oppression.
The Messenger of Allah (s.a.w.s.) remarks,
"One who prays for the long life of an oppressor is as if he likes the opposition of Allah on the Earth."
(Minhajus Sadeqeen)
There is an interesting incident in the book Rawzaatul Jannat concerning the author of Maqasikul Ahkam, Sayyed Muhammad. Once the Sayyed and another respected teacher, Shaykh, planned a pilgrimage to the Holy tomb of Imam Reza (a.s.) at Mashad, but when they learned that Shah Abbas Safavi was staying at Mashad they decided to cancel their visit.
Similarly under the biography of Sayyed Bahrul Uloom it is mentioned that when the Governor of Shustaran Province behaved with utmost respect with him, he says, "Before I could develop some liking for him and come under the denouncement of the Quranic Verse, I fled from that place." Thus he shifted from Dezful and settled down in Iraq for the rest of his life.
When we study the biographies of some scholars we realise how strictly they refrained from meeting, mixing with or communicating with the oppressors, so that there would not be even a remote chance for them to befriend them and help them in their activities.
Muhaddith Jazaeri writes in the book Fawaidur Rizvia that there was a person who committed some blunder in the presence of Shah Abbas Safavi and in order to escape his wrath took refuge in Mashad. Then he approached the late Mulla Ahmed (Muqaddase Ardebeli) and requested him to write to the Shah that he may forgive his mistake. Muqaddase Ardebeli wrote as follows:
"Founder of a kingdom obtained through asking, Abbas! Know that even though this man was initially an oppressor, but he is now an oppressed one. So, overlook his mistake. I hope Allah will forgive some of your mistakes."
Signed: From the slave of the king of Wilayat, Ahmed Ardebeli.
The Shah replied to his letter:
"You have been grateful upon me for ordering those things which you did (in your letter). Do not neglect me in your invocations."
Signed: Dog of the House of Ali, Abbas.
It is quoted from Tarikh Bahire that Khwaja Nizamul Mulk the Prime Minister of Malik Shah Seljuq, was very much thoughtful of the Hereafter and the Day of Judgement and he used to be fearful in this regard. During the tenure of his ministry he was a supporter of the helpless, a patron of intellectuals, and steadfast in following the religious obligations. He thought of obtaining a certificate from the scholars and intellectuals, certifying his good morals, so that the document could be kept inside his shroud during burial. He hoped to achieve salvation by this. He drafted a certificate and sent it to various scholars and intellectuals for their signatures. When it reached Baghdad and was presented before the respected teacher of Nizamiya Madrassa, Shaykh Abu Ishaq, he wrote, "I witness that Shaykh Nizamul Mulk is slightly better (oppressor) from among the oppressors."
When Khwaja saw the remark of Abu Ishaq, he wept and said: "Whatever Abu Ishaq has written is true." There is no doubt that helping the oppressors in any way is Haraam and a Greater Sin. There is an Islamic law for every kind of oppressor and the ways of helping the oppressors, and it is incumbent to learn these rules and commands.
Types of oppressors
'Zulm' the Arabic word for oppression and injustice implies disregard for Divine commandments and also to oppose whatever is compatible with reason and logic. There are two types of such oppression:
(1) Crossing the limits of religious law is equal to polytheism. As the Almighty says,
"...most surely polytheism is a grievous inequity."
(Surah Luqman 31:13)
(2) Belying the Divine signs is also oppression as stated in the Holy Book,
...and the unbelievers- they are the unjust."
(Surah Baqarah 2:254)
In short, we can say that all the religious laws that we are supposed to follow according to reason or religious commands must be obeyed in totality. Not accepting them or not believing them is a kind of injustice. Apart from this, non-acceptance of the Divine commands or not acting upon them or disregarding the limits specified by the Almighty, like neglecting a Wajib act or doing a Haraam one, all of these constitute injustice.
Thus the Almighty Lord says,
"...and whoever exceeds the limits of Allah these it is that are the unjust."
(Surah Baqarah 2:229)
This also applies to injustice upon ones own self. As Allah (a.j.) mentions:
"Therefore whoever disbelieves, his unbelief is against himself."
(Surah Fatir 35:39)
Various kinds of oppressions include insulting, abusing, degrading or imprisoning a person; also backbiting or accusing a person falsely or piercing a person physically. Another form of oppression is to usurp someone's property or to obtain it without the owner's permission, or not to return the rights to its owner etc. Another way of usurping a right is to forcefully occupy a position reserved for someone else. The supreme example of such injustice was comitted by the tyrant rulers of Bani Umayya and Bani Abbas when they usurped the position of Wilayat which clearly belonged to the Holy Ahlul Bayt (a.s.). Another example is that of the unjust jurist who assumes the seat of Qazi.
Oppression belongs to two categories. In one category are the tyrant rulers and vicious kings, for whom committing oppression is a normal practice. In the second category are the individuals who may do injustice to someone else once in a while. We shall study all these types of injustices in four sub-topics.
Helping the oppressor in oppression
Helping an oppressor in any way whatsoever is haraam. For example to hand over a cane to someone so that he can beat an innocent person, or to help in any way to imprison him or kill him.
The renowned Shaykh Ansari writes in Makasib that the prohibiting of co-operation with the oppressors is confirmed by all four proofs required to prove the Islamic laws. i.e. Quran, reason, Sunnat and Ijma.
Logic: Reason dictates that there is no difference between the actual oppressor and the one who helps him. Both are equally responsible for the act of injusice. It is possible that if there is no one to help the oppressor he may not be able to oppress. Hence logically it is haraam help an oppressor.
Ijma: Refering to books on jurisprudence, confirms that all the jurists are unanimous in their opinion that helping the oppressor is haraam.
Quran: The Quranic verse
"And do not incline to those who do injustice,"
is sufficient to prove the illegality of helping the unjust. Because if even a slight inclination towards unjust people is prohibited, then how can helping them be permitted. As helping them would be the greatest form of inclining towards them.
Moreover, the Almighty says:
"...and do not help one another in sin and oppression; and be careful of (your duty to) Allah; surely Allah is severe in requiting evil."
(Surah Maidah 5:2
source : GREATER SINS/ by Al-Haaj Sayed Abdul Husain Dastghaib