To Emigrate or Not to Emigrate?
When the British occupied India and gradually conquered the Moghul Sultanate until it fell in the aftermath of the 1857 rebellion, some jurists stated that that territory was no longer “Islam’s abode.” Other jurists replied that the British were indeed an enemy to be fought but that the territory continued to be “Islam’s abode” since the occupiers were not opposing the presence of mosques, Muslims or their acts of worship. In support of their argument, they cited the case of the Ottoman sultan who, having lost the Crimean peninsula in a war against the Russians, established (in the Treaty of Küçük Kaynarca, 1774) that the Muslims would not have had to emigrate as long as their places of worship, their mosques, their mortmain property and their judges were left intact.
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