Point 5

Clarification of the judgment regarding the property of Muslims who live voluntarily in the land of unbelievers.

I say, and success is by Allah, that the property of Muslims who live voluntarily in the land of disbelief becomes part of the booty of the idol worshippers, even if it is known who they are.

In az-Zaharat al-Wardiyya, it says that al-Ujhuri was asked about a group of Muslims who live under an unbelieving king and are able to flee but do not. Then a Muslim king attacks them and takes booty from them and divides it up as spoils. Some of the Muslims subject to the unbelieving king come and recognize some of their property which has already been allotted. Can they take it or not? He replied that the judgment regarding Muslims who live voluntarily in the land of the unbelievers is the same as the judgment of the property of the harbi who becomes a Muslim and stays in his land. It is booty which becomes part of the Bayt al-Mal. Al-Burzuli said that about some of them. Then he said, “I heard that Asbagh said that is the control of the unbelievers.” Ibn Rushd also took that position.

This is enough to achieve the answer to the point.

O Allah! Show us the true as true and make us follow it! Show us false as false and make us avoid it!