(Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi")
To Othman Bin Rizq
Question:
In the name of Allah, the Most Gracious, the Most Merciful. Peace be upon you, and the mercy of Allah and His blessings. Our eminent Sheikh, I hope for a clarification of this matter, and may Allah reward you with all goodness. It was stated in the book, The Economic System, page 302: "Giving a Harbi protection (Aman) for himself is considered giving protection for his property. If the Harbi intends to reside in the country and does reside, then wishes to return to the Dar al-Harb... because his departure to the Dar al-Harb while his intention remains to reside in the Dar al-Islam is similar to a Dhimmi when he enters the Dar al-Harb; thus, he takes the ruling of a Dhimmi..." The question is: according to my understanding, how can the State know the intention, given that intention is an intangible reality? If the case is that the Harbi informs the State's departments of his decision to stay in the Dar al-Islam, then it is a declared decision and not merely an intention. Therefore, I imagine the description and terminology should be "based on his decision" rather than "his intention." I apologize for the length, and peace be upon you.
Answer:
And peace be upon you, and the mercy of Allah and His blessings,
The text you are asking about in the book, The Economic System, in its entirety is:
"Giving a Harbi protection (Aman) for himself is considered giving protection for his property. If the Harbi intends to reside in the country and does reside, then wishes to return to the Dar al-Harb, and leaves his property with a Muslim or a Dhimmi, or lends it to them, then it is examined: If he returns to the Dar al-Harb for any purpose—such as returning as a merchant, a messenger, a tourist, or to fulfill a specific need—and then returns to the Dar al-Islam, then his protection remains over his property and himself. This is because his departure to the Dar al-Harb while his intention remains to reside in the Dar al-Islam is similar to a Dhimmi when he enters the Dar al-Harb; thus, he takes the ruling of a Dhimmi. His protection is not voided by his departure to the Dar al-Harb as long as his intention is to return to the Dar al-Islam. However, if he returns to the Dar al-Harb as a permanent resident, the protection for himself is absolutely voided; if he wishes to enter a second time, he would require a new protection (Aman)." End quote.
"Intention" (Niyyah) in this context does not mean that whose place is the heart, as is the case in acts of worship (Ibadat). Rather, what is meant is the occurrence of will and decision. That is, if the Harbi kafir decides to reside in the Dar al-Islam... The use of the words "intended" (Nawa) and "intention" (Niyyah) to mean will and decision is common in the books of Islamic Jurisprudence (Fiqh). Nevertheless, the text did not stop at the word "intended" but added to it the word "residence" (Iqamah), saying: "If the Harbi intends to reside in the country and does reside," meaning he decided to reside and an actual residence occurred from him...
There is a subtle point in mentioning "intended... and resided," which is that his purpose should be actual residence and not something else... and this is one of the duties of the relevant department to verify...
In the Khilafah State, by the will of Allah, there will be a law regulating the residence of non-Muslims and those who do not hold Islamic citizenship when they enter the territories of the State... Among this law will be administrative procedures in the State departments carried out by those who wish to reside in the Dar al-Islam...
Your brother, Ata bin Khalil Abu al-Rashtah
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