Shaykh Waseeullah hafidhahullah had come to Kuwait. So this is the question i asked him on 15th February, 2015 , after `Isha
Questioner: Shaykh, the new CTS BILL passed in UK seems to be a chokehold for Muslims living there. There hasn't been a law designed against Muslims the way this has and some of the rights it gives the govt. is to separate a child from a parent if they feel that he is advancing towards extremism , even by merely being a good practising Muslim. Likewise, they can stop or halt and obstruct Muslims from prayers or duroos and so much so that they can also label a Muslim who wants "Halal Meat" only as someone who is closing 'extremism'. In this situation what would you suggest the brothers in UK do? If you suggest Hijrah, how are they to accomplish this today when No country facilitates the same for Muslims ? Also should the Muslims living in Muslim or Non Hostile lands try for their brethren in the west to help find them jobs here in the land of Muslims?
Shaykh Waseeullah : May Allah's peace , mercy and blessings be upon you. You said that UK has passed a new (dangerous) bill [1] , however i happen to hear about the incident that occurred approximately a few days ago in France where two individuals killed the cartoonists and i was informed that this bill (or a similar bill like this making muslim lives impossible) was passed there. Anyways, wherever such a situation may occur, where Muslims cannot adopt/profess their Islamic identity and rulings and you cannot safeguard the children in terms of protecting their religion (or religious inclinations) then in such a case (as per the shar`i requirements) migration from such a place becomes obligatory.
I visited some those lands Approximately 10-15 years ago and i reiterated a similar advise upon the Muslims there , so some of the brothers professed their appreciation of my advise saying "Your advise has penetrated our minds" and now All praise be to Allah, they have migrated here (in Muslim lands) since 5-6 years and they have their own shops (businesses) and other look outs (such as jobs, etc).
So the point of saying this is that migration (under these conditions) becomes obligatory however as you have said "where do they go as no country facilitates Hijrah service as such", then i would like to comment on this saying that " Every one will be accepted by their own homelands by the will of Allah, as for France the algerians have the facility of possessing dual nationality (passports) i.e one French and the other Algeria , Likewise is the case with the people of Tunisia, Libya, Morocco so they should try to go back there if there is no other way out. So they may (comparatively) migrate there and can be firm upon their religion.
As for Pakistanis, they can go back to Pakistan, Likewise for Indian brothers going back to India.
Now the third point which you brought to our notice is that there should be some sort of effort here (in the land of Muslims) to help these brethren to find jobs or its ilk then this depends on the political relations or situations both between various countries and also their own stability issues upon which is dependent the notion of them giving permission (to establish such an effort here for Muslims at large), however you all can try to your best levels taking their plea (to the govts) that those Muslims are sufferingthere, so grant them jobs here and they will strive to add to the nation's development (with their contributions) so Allah willing some or the other solution may come up. [2]
In accordance to the fourth point you mentioned, then i had advised before that if the `Ulema in the UK who are indulged in Khutbah and teaching (tarbiyah and tasfiyah) of the Muslims, if they also leave then how and from where will the Muslims there learn about the commands of their religion?
So (as per my opinion) the solution may be that they could migrate to a nearby Muslim land retaining their dual passports, they could use this to live few months here (in the Muslim land) and few months in one of those lands and do likewise so this way a window would be left open for the Muslims there to somehow keep benefiting from the visiting `ulema otherwise if everyone leaves then it is possible that the remaining Muslims (without any scholarly guidance or remembrance about their religion) may indulge into apostasy (by neglecting their religion to the extent that constitutes apostasy) .
So some strong effort should be made (by everyone who is capable on whatever levels) to facilitate migration for those Muslims and as for those who are unable to migrate then some facilities for dawat and tableegh should be facilitated for them (such that they do not be persecuted by the authorities and simultaneously aren't abandoning their religion) .
Or another good solution would be if our (Muslim) governments try to request them (the UK and Ilk to prevent Muslim persecution in this way)
I pray that Allah maintains goodness (for Muslims) and this is very saddening news, very saddening Indeed that this sort of mishap is happening . May allah's peace be upon you
End of Fatwa
Note: the fatwa has been translated so as to keep the intended meaning both in context as well as matching with the actual language spoken.
Download Audio : https://www.mediafire.com/?zl6sl2n100nj6g2
[1] the guantanamo of Bills : http://5pillarsuk.com/2015/02/15/ten-ways-the-cts-act-will-affect-muslims/
[2] Like how KSA gave some visas to Burmese Muslims .
Questioner and Translator: Omar ibn Saleem (Kuwait)
Audio recorded by brother Ibrahim