Question
It's reported that during the persecution of the Muslims in Spain, two fatwas from Algerian Maliki Ulama were issued at that time. One fatwa known as the Al - Wahrani Fatwa stated that Muslims can stay in Spain if they are unable to migrate. It continues to state that Muslims can drink and eat pork to save their lives (when forced to) provided they don't say it's halaal. In their minds and hearts they should know and believe drinking alcohol is haraam. This fatwa even allowed Muslims to prostrate to the statues of Jesus and Mariam if asked to do so as a test (to save their lives). But it added they must have in their hearts and niyyah and consciousness that they are making sujood to Allah Ta'ala, and not to the statues ,i.e. they can control your body but cannot control your mind. The fatwa of Al - Wansharisi, on the other hand, did not allow Muslims to stay in Spain and made Hijrat mandatory (to save their Imaan and Islam). Eventually, however, the Muslims were finally expelled from Spain. Is it correct that both fatwas could be valid today and practiced by Muslims facing persecution? Those who cannot migrate follow Al Wahrani and those who could migrate follow Al Wansharisi?
Answer
Both fatwas are correct. But, if Hijrat is possible, then it will never be permissible to consume liquor, eat pork and prostrate to statues merely for being allowed to live in the land of the kuffaar. These evils will become permissible only if there is no option of escape.
Eating pork and prostrating to idols are not permissible in the scenarios of persecution prevailing today. No one is forced today by the enemy to prostrate to idols. The enemy kills Muslims because they are Muslim. Nevertheless, if there is such a situation where Muslims are forced to consume haraam and worship idols to save their lives, then it will be permissible.
- Source
- themajlis.co.za
- Published in
- Al-Haq Bulletin No. 70
- PDF page
- 18
Appears under EATING PORK TO SAVE LIFE? (approximate).