Can a Muslim seek citizenship from a non-Islamic country? Can a Muslim soldier maintain his/her allegiance to his non-Islamic country?Are Muslim citizens of a non-Islamic country required to separate themselves and dissimilate?
These questions and more represent the reality of what the US administration, whether current or future, might face. This dilemma, although it existed for a long time, was once again made more explicit through a religious decree (Fatwa# 77223 dated 12/23/2008) issued by a Muslim jurist; Dr. Salah al-Sawy, of the Assembly of Muslim Jurists of America (AMJA), which can be read here (http://amjaonline.com/print.php?fid=77223).
In this fatwa the Islamic jurist; Dr. al-Sawy, prohibits his fellow Muslims to freely seek the citizenship of a non-Islamic country (i.e. the USA), calling it a form of apostasy (which a crime under Sharia Law punishable by the death penalty). His claim is based on the grounds that such action by a Muslim is a show of disloyalty to Islamic laws and willingness to obey non-Islamic laws, which is a clear contradiction to what Islam stands for. However, Dr. al-Sawy provides for some leniency by stating that:
“As for obtaining citizenships in light of circumstances of Muslims today who are residing outside the lands of Islam – on the condition that they do not accept indefinitely the law and legislation of that country and being indefinite belonging to the nation of the non-Muslim country so that they become loyal to all their allies and an enemy to all their enemies – and obtaining the citizenship is considered a required means in order to organize the affairs of Muslims who already live there while ensuring fulfilling vows and agreements between them and host countries, and exists due to urgent necessities and needs and this Muslim kept his loyalty to Allaah and His Messenger, then it would not be farfetched to say that it would be permissible. And Allaah, the Most High, knows best.”
To al-Sawy, necessity to organize the efforts and assembly of Muslims within the non-Islamic country, far exceed the prohibition, provided the citizenship will serve as a temporary mean until the needs of the Islamic community is well established.
Based on the preceding disturbing boldness, the US administration, current or future, must be on alert, since such decree leaves the door wide open not only for regular Muslim citizens to rebel against the law of the land at some point in the future, but also serves to entice the Muslim soldier to shift his/her allegiance from his Commander-in-Chief and his commanding officers to his Islamic law and mandates. Such decree places Muslim clerics as Dr. al-Sawy on a position of authority that is higher than the US Commander-in-Chief himself.
The question which faces the Administration is very clear: Can a Muslim, who is a Quran Follower, have loyalty to his/her host country over his Islamic religious law? That is a very serious dilemma which demands an answer.