Would it be permissible to gain entry into islamic countries by violating visa rules of that country for the purpose of staying in biladul islam and learning deen. I have seen fataawa of lajna prohibiting such but at the same time i have heard that some scholars have permitted it in certain situations such as for talabul ilm and for staying in biladul islam instead of biladul kufr. What is the correct position?
Shaykh Muqbil rahimahullaah was asked a similar question below –
What is the ruling on residency of the muslim in a muslim land without iqamah (residence visa)
He answered –
He stays without iqamah and the people has ordained in their minds that the iqamah is a must. The Muslim land (all of them) is one land and muslims are brothers : ” The believers are nothing else than brothers ” – (Surah Al Hujuraat :10)
and the Lord of Honour also says in His Noble Book :
“O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allah is that (believer) who has At-Taqwa” (Al Hujuraat 13 )
and The Messenger sallallahu alaihi wa sallam says – “The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with fever and wakefulness” (Bukhari /Muslim) .
So it is obligatory upon the muslims that they be brothers, and that there is no difference between an Arab and a non-arab and neither between the white and the black except by Taqwah.
As for as these regulatory matters, they don’t bear fruit. They said : ” For the sake of robbers!” The robbers (or those who commit prohibitions) – It is possible that they have a beard and after they steal they shave their beard and it is possible that when they steal wealth they go to parlours and make their faces smooth and later it changes to this and to something else.
And similarly also the matter of passport, so may be the picture is taking the place of picture and pictures are also alike. A person – and he was from the workers in airport – informed me that a thief traveled from a land he said : then that person came with that name and we said to him : You are so and so, he said : I am not so and so… So we stayed with him for a long time until we were tired. But we are not sure that he is the one who we think. At the end as a trick we told him, we have identified you don’t trouble us and we identified that you are such person. Then he acknowledged after a long time. (The point to understand is, they could not identify the person with photo or other details in passport and they could not make him acknowledge for a long time).
So it is a matter of imprint of a person … may be if we describe his figure [with words] then it is more better than taking these pictures, Allahul Musta’an.
And saying of the one who says : Indeed it is obligatory that he takes the iqamah if the state makes iqamah obligatory : (then) No. Why? Because it has within it pictures and the angels do not enter a house where there is a dog or picture. And the people who divided the lands of the muslims into various governments they are the enemies of Islam. Otherwise, it is obligatory upon the muslims that they have a single leader.
(Due to the hadith) “He who comes to you when you are united and wants to disunite your community, kill him.” (related by Muslim)
And it can be that a virtuous scholar says : I am not able to shelter a man who does not carry an iqamah, As for him: “Allah burdens not a person beyond his scope.” (Al Baqarah 286)
As for as he says – If the government say : The iqamah is obligatory then I say – The iqamah is obligatory then, No !! Allahul Musta’an.
Source : http://muqbel.net/fatwa.php?fatwa_id=3106
Answer by : Al Allamah Muqbil ibn Hadi Rahimahullah
Translated by : Abu Muhammad Nizam Al Hindi