Asna al-Matajir wa Bayan Ahkam man Ghalaba ala Watanihi al-Nasara wa lam Yuhajir wa ma Yatarattab Alayhi min al-Uqubat wa al-Zawajir
- Author died
- 914 AH
- Editions
- Maktabat al-Thaqāfah al-Dīniyyah
Asna al-Matajir wa Bayan Ahkam man Ghalaba ala Watanihi al-Nasara wa lam Yuhajir wa ma Yatarattab Alayhi min al-Uqubat wa al-Zawajir (Arabic: أسنى المتاجر في بيان أحكام من غلب على وطنه النصارى ولم يهاجر وما يترتب عليه من العقوبات والزواجر; The Most Lucrative of Trades, Explaining the Legal Rulings Concerning Those Whose Homeland Was Conquered by Christians and Did Not Emigrate, and the Ensuing Punishments and Deterrents) is a legal treatise and extended fatwa authored by the Maliki jurist Abu al-Abbas Ahmad ibn Yahya al-Wansharisi (d. 914 AH / 1508 CE) addressing the obligation of emigration (hijra) from Christian-ruled Spain to Islamic lands .
Background and Composition
The treatise was completed on Sunday, 19 Dhu al-Qi'da 896 AH (1491 CE) in response to a formal inquiry sent by the jurist and preacher Abu Abd Allah ibn Qutbah . The question concerned a group of Andalusian Muslims who had migrated to the Islamic Maghreb, abandoning their properties and estates in al-Andalus, but subsequently expressed regret and discontent over their economic difficulties and perceived lack of security, expressing a desire to return to Christian territory . A related query addressed to the same scholar concerned a man from Marbella who remained behind under Christian rule under the pretext of aiding fellow Muslims or seeking a lost relative .
Content and Legal Arguments
In the treatise, al-Wansharisi firmly rules that emigration from territory under non-Muslim control (dar al-harb) to the lands of Islam (dar al-Islam) remains an ongoing religious obligation until the Day of Resurrection . He argues that:
- Economic hardship and loss of property do not exempt Muslims from the obligation to emigrate, drawing parallels with the early Companions who abandoned their wealth and families to migrate to Abyssinia and Medina .
- Residing under Christian authority and submitting to non-Muslim jurisdiction is unlawful for any Muslim capable of departing, prohibiting coexistence and loyalty to Christian authorities .
- Even serving as an advocate or intermediary to alleviate difficulties for remaining Muslims does not grant a dispensation to stay under Christian sovereignty when one has the ability to emigrate .
To substantiate his position, al-Wansharisi draws on the Quran, prophetic hadiths, and earlier Maliki authorities, quoting passages such as those of Ibn Rushd al-Jadd affirming the continuity of hijra and the invalidity of choosing to reside in non-Muslim territory .
Transmission and Modern Reception
Al-Wansharisi incorporated the full text of Asna al-Matajir into his encyclopedic legal compilation, al-Miyar al-Murib . It was later cited and transcribed by the 19th-century Maliki jurist Muhammad Illaysh in his collection Fath al-Ali al-Malik .
In modern scholarship, the text was edited and published by Husayn Mu'nis in Madrid in 1377 AH (1957 CE) in the journal of the Egyptian Institute of Islamic Studies (Sahifat Ma'had al-Dirasat al-Islamiyyah) . Mu'nis's critical assessment of al-Wansharisi's strict stance prompted responses from contemporary North African scholars such as Abd al-Qadir al-Afiya and Muhammad al-Arabi al-Khattabi .
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